[§28-122] Hawaii missing children's clearinghouse trust fund. [Section repealed effective January 1, 2004. L 2003, c 192, §2.] (a) There is established the Hawaii missing children's clearinghouse trust fund as a separate fund of the Hawaii Justice Foundation, a Hawaii nonprofit corporation. The fund shall not be placed in the state treasury and the State shall not administer the fund, nor shall the State be liable for its operation or solvency.
(b) The Hawaii Justice Foundation shall expend moneys from the trust fund to support efforts to implement the purposes of the Hawaii state clearinghouse for missing children in accordance with this part.
(c) The trust fund may receive appropriations, contributions, grants, endowments, or gifts in cash or otherwise from any source, including the State, corporations or other businesses, foundations, government, individuals, and other interested parties; provided that any appropriations made by the State are not intended to supplant the funding of existing missing children's clearinghouse programs. Moneys appropriated to and deposited into the fund by the state, county, or federal government, private contributions of cash or property, and the income and capital gains earned by the trust fund shall constitute the assets of the Hawaii missing children's clearinghouse trust fund. The public and private sectors shall work together as partners in securing contributions for the trust fund.
(d) Moneys appropriated for the purposes of the clearinghouse shall be administered by the department of the attorney general unless specifically appropriated to the clearinghouse trust fund.
(e) The aggregate principal sum deposited in the Hawaii missing children's clearinghouse trust fund shall be invested by the Hawaii Justice Foundation in a manner intended to maximize the rate of return on investment of the trust fund consistent with the objective of preserving the trust fund's principal.
(f) There may be an endowment component of the Hawaii missing children's clearinghouse trust fund.
(g) Any organization submitting a proposal to the Hawaii Justice Foundation for trust fund moneys shall meet all of the following standards at the time of application:
(1) Be a profit organization incorporated under the laws of the State, or be a nonprofit organization determined by the Internal Revenue Service to be exempt from the federal income tax, or be an agency of the State or a county;
(2) In the case of a nonprofit organization, have a governing board whose members have no material conflict of interest and serve without compensation;
(3) In the case of an applicant that is not a state or county agency, have bylaws or policies that describe the manner in which business is conducted and policies that relate to the management of potential conflict of interest situations;
(4) Have experience with the project or in the program area for which the proposal is being made; and
(5) Be licensed and accredited, as applicable, in accordance with the requirements of federal, state, and county governments.
(h) Priority for funding shall be given to programs and activities carried out by the Hawaii state clearinghouse for missing children.
(i) Organizations or agencies to which trust fund moneys are awarded shall agree to comply with the following conditions before receiving the award:
(1) Employ or have under contract persons qualified to engage in the activity to be funded;
(2) Comply with applicable federal, state, and county laws; and
(3) Comply with any other requirements prescribed by the Hawaii Justice Foundation to ensure the award recipient's adherence to applicable federal, state, and county laws and the purposes of this part.
(j) In the event of the termination of the Hawaii missing children's clearinghouse trust fund or the dissolution of the Hawaii Justice Foundation, the remaining principal amount of only those contributions made by the State to the trust fund shall be distributed to the general fund of the State. Any other amounts remaining in the Hawaii missing children's clearinghouse trust fund shall be distributed in accordance with the recommendations of the board of the Hawaii Justice Foundation. [L 1997, c 259, pt of §2]