Report Title:

State Library System; Commission

Description:

Establishes a new state library system commission.  Transfers oversight of libraries in the state library system, except for community and school libraries, from the board of education to the commission.

HOUSE OF REPRESENTATIVES	H.B. NO.	1625
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to the state library system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 312, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§312-   State library system commission; established.  (a)  There is established within the department of education for administrative purposes the state library system commission.  The commission shall consist of five members appointed by the governor in accordance with section 26-34.

The members of the commission shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(b)  The commission shall manage and administer the state library system."

     SECTION 2.  Section 26-12, Hawaii Revised Statutes, is amended to read as follows:

     "§26-12  Department of education. (a)  The department of education shall be headed by an executive board to be known as the board of education[.], except for matters relating to the state library system where the state library system commission shall have exclusive jurisdiction and final authority; provided that community and school libraries shall remain under the jurisdiction and authority of the board of education.

(b)  Under policies established by the board, the superintendent shall administer programs of education and public instruction throughout the State, including education at the preschool, primary, and secondary school levels, adult education, school library services, health education and instruction (not including dental health treatment transferred to the department of health), and such other programs as may be established by law.  The state librarian, under policies established by the [board of education,] the state library system commission, shall be responsible for the administration of programs relating to [public] state library system services and transcribing services for the blind.

(c)  The functions and authority heretofore exercised by the department of education (except dental health treatment transferred to the department of health), library of Hawaii, Hawaii county library, Maui county library, and the transcribing services program of the bureau of sight conservation and work with the blind, as heretofore constituted are transferred to the [public] state library system established by this chapter[.] that shall be named "state library system".

(d)  The management contract between the board of supervisors of the county of Kauai and the Kauai public library association shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contract and the provisions of this paragraph shall constitute notice of termination, and the functions and authority heretofore exercised by the Kauai county library as heretofore constituted and the Kauai public library association over the public libraries in the county of Kauai shall thereupon be transferred to the public library system established by this chapter.

(e)  The management contracts between the trustees of the library of Hawaii and the Friends of the Library of Hawaii, and between the library of Hawaii and the Hilo library and reading room association, shall be terminated at the earliest time after November 25, 1959, permissible under the terms of the contracts, and the provisions of this paragraph shall constitute notice of termination.

(f)  Upon the termination of the contracts, the State or the counties shall not enter into any library management [contracts] contract with [any] a private association; provided that in providing library services the [board of education] state library system commission may enter into contracts approved by the governor for the use of lands, buildings, equipment, and facilities owned by any private association.

(g)  Notwithstanding any law to the contrary, the [board of education] state library system commission may establish, specify the membership number and quorum requirements for, appoint members to, and disestablish a commission in each county to be known as the library advisory commission, which shall in each case sit in an advisory capacity to the [board of education] state library system commission on matters relating to [public] state library system services in their respective county."

     SECTION 3.  Section 103D-203, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The chief procurement officer for each of the following state entities shall be:

     (1)  The judiciary--the administrative director of the courts;

     (2)  The senate--the president of the senate;

     (3)  The house of representatives--the speaker of the house of representatives;

     (4)  The office of Hawaiian affairs--the chairperson of the board;

     (5)  The University of Hawaii--the president of the University of Hawaii;

     (6)  The department of education, excluding the [Hawaii public] state library system--the superintendent of education; the state library system--the state librarian;

     (7)  The Hawaii health systems corporation--the chief executive officer of the Hawaii health systems corporation; and

     (8)  The remaining departments of the executive branch of the State and all governmental bodies administratively attached to them--the administrator of the state procurement office of the department of accounting and general services."

     SECTION 4.  Section 302A-101, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Commission" means the state library system commission."

     SECTION 5.  Section 302A-1106.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§302A-1106.5[]]  Board of education; state library system commission; community meetings. (a)  The board shall hold [not less than] at least two community meetings annually in each departmental school district in addition to their regular meetings to discuss and receive input from the community on public education [and public library issues].  The board chairperson shall designate board members to attend the community meetings.  These community meetings shall not be held for the purpose of formulating educational policy.  The community meetings shall be exempt from sections 92-2.5, 92-7, 92-9, and 92-41, provided that the board shall give written public notice of each community meeting.  The meeting notice shall indicate the date, time, and place of the meeting, and shall be filed in the office of the lieutenant governor and in the board's office for public inspection six calendar days before the meeting.  The notice shall also be posted at the site of the meeting.

(b)  The commission shall hold at least two community meetings annually in each departmental school district in addition to its regular meetings to discuss and receive input from the community on state library system issues.  The state librarian shall designate office members to attend the community meetings.  The community meetings shall be exempt from sections 92-2.5, 92-7, 92-9, and 92-41, provided that the commission shall give written public notice of each community meeting.  The meeting notice shall indicate the date, time, and place of the meeting, and shall be filed in the office of the lieutenant governor and in the commission's office for public inspection six calendar days before the meeting.  The notice shall also be posted at the site of the meeting."

     SECTION 6.  Section 302A-1120, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§302A-1120[]] [Public] State library system; [board] control of commission. (a)  The [board,] commission, through the state librarian, shall have direct control of the state library system, but [not including] excluding community and school libraries.

(b)  The [board] commission may adopt rules under chapter 91 for the purpose of this section."

     SECTION 7.  Section 312-1, Hawaii Revised Statutes, is amended to read as follows:

     "§312-1  Duties of the [board of education.] state library system commission.  The [board of education] state library system commission shall [care]:

(1) Care for, manage, and control all property set apart, donated, loaned to, or in any manner acquired for the use of libraries; [receive,]

(2) Receive, care for, expend, and account for any money which may be received for the purpose of erecting buildings for libraries or for any other purposes of the libraries; [collect,]

(3) Collect, purchase, receive gifts of, and otherwise acquire all books and other publications proper for libraries, and arrange, classify, and catalogue the same[;] and provide for their safekeeping; [expend]

(4) Expend moneys appropriated by the legislature and otherwise acquired for the development, use, support, and maintenance of libraries; [provide]

(5) Provide ways and means for placing libraries within reach of all residents throughout the State and particularly of [all public and private school] children; [provide]

(6) Provide and maintain branch libraries, offices, or places for the distribution of books and periodicals throughout the State; [make]

(7) Make such contracts as [may be] are necessary to carry into effect the general duties herein imposed; [appoint]

(8) Appoint such officers and employees as it deems necessary; and [make]

(9) Make rules for the management and use of libraries, and for the control of the property under its management."

     SECTION 8.  Section 312-2, Hawaii Revised Statutes, is amended to read as follows:

     "§312-2  Powers of [board;] commission; special fund. (a)  The [board of education] state library system commission may:

     (1)  Except as provided in section 312-3.9, make arrangements or contracts as are approved by the governor, with any county, city, association, society, person, or persons, for the purpose of benefiting the libraries and increasing their facilities and use;

     (2)  [Subject to section 26-12, enter into such] Enter into an arrangement or a contract as is approved by the governor, with the Friends of the Library of Hawaii, for the purpose of obtaining the use of the books and property and income of the Friends of the Library of Hawaii;

     (3)  Cooperate by exchange and otherwise with libraries now existing or hereafter to be formed;

     (4)  Receive, use, manage, or invest moneys or other property, real, personal, or mixed which may be given, bequeathed, devised, or in any manner received from sources other than the legislature or any federal appropriation for any or all purposes of the libraries;

     (5)  Deposit with the director of finance in a special fund all moneys donated to the [board] commission for library services;

     (6)  Unless otherwise provided for by the terms and conditions of the donation, convert, at such time as the [board] commission may at its sole discretion determine, any or all donations of property, real, personal, or mixed, into money to be deposited into the special fund; and

     (7)  Expend the moneys in the special fund in accordance with the terms and conditions of each donation for the purposes of the libraries.

The [board] commission shall be the trustee of the special fund and all moneys therein shall be deemed to have been appropriated to the use and for the purposes of the [board] commission in providing library services. 

(b)  Nothing in this section shall be construed to [limit]:

(1) Limit the powers and duties of the [board hereinbefore expressed,] commission; or [to empower]

     (2)  Empower the [board] commission to obligate the State financially in any sum which shall not have been appropriated by the legislature for the use of the [board.] commission."

     SECTION 9.  Section 312-2.1, Hawaii Revised Statutes, is amended to read as follows:

     "§312-2.1  Appointment of state librarian; duties; salary.  (a)  The state librarian shall be appointed by the [board of education,] state library system commission, without regard to chapter 76, shall be under the direction of the [board,] commission, shall be responsible for the operation, planning, programming, and budgeting of [all community/school and public libraries within the State,] the state library system, and may be removed by a majority vote of its members.  The state librarian may be appointed:

     (1)  Without regard to the state residency provisions of section 78-1(b); and

     (2)  For a term of up to four years.

     (b)  The salary of the state librarian shall be set by the [board of education] state library system commission at a rate no greater than $120,000 a year."

     SECTION 10.  Section 312-3, Hawaii Revised Statutes, is amended to read as follows:

     "§312-3  Exchange of librarians. (a)  The [board of education] state library system commission may contract for the exchange of librarians with librarians of any state, country, or territory in accordance with this section, except as otherwise provided in section 78-27.  Local librarians so exchanged shall be paid their regular salaries out of the funds appropriated for personal services in the library budget for the library concerned. 

(b)  The qualifications of all librarians from any [such] state, country, or territory so exchanged shall be equal to those of the local librarians exchanged.  In the selection of local librarians for exchange, preference shall be given to persons born in the State.  The requirements of citizenship shall not apply to any librarian coming to the State from any foreign state, country, or territory under any [such] contract of exchange.  All librarians so exchanged shall furnish their own transportation to and from the state, country, or territory with which exchanged.

(c)  No compensation shall be paid by the State to visiting exchange librarians; provided that in any case where the local exchanged librarian becomes incapacitated or, for any reason, leaves the exchanged position permanently, the library concerned may pay the visiting exchange librarian an amount not to exceed the salary rating of the local exchanged librarian, such an arrangement to continue until the end of the period of exchange or until such time as some satisfactory adjustment has been made."

     SECTION 11.  Section 312-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "§312-3.5  Detention of books and other [public] state library system materials; penalty. (a)  A person who detains a book, newspaper, plate, picture, photograph, engraving, painting, drawing, map, magazine, document, letter, government record, microform, sound recording, audio visual materials in any format, magnetic or other tapes, artifacts, or other documentary (written or printed) materials belonging to [any public] the state library system or similar institution controlled by the State for one day after the due date of the [public library] materials, shall be subject to a nominal charge established by the [board of education.] state library system commission.

(b)  A person detaining [such] books or [public] state library  system materials thirty days after the due date shall be subject to a charge commensurate with the replacement value of the books or [public] state library system materials."

     SECTION 12.  Section 312-3.9, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The [board of education] state library system commission shall take all steps possible in any outsourcing contract in effect on July 1, 1997, including the development and implementation of necessary procedures, to ensure formal involvement by the state [public service] state library system librarians in the selection of books and other library materials."

     SECTION 13.  Section 312-4.6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§312-4.6[]]  Cost-recovery fees for the administration of [Hawaii] state [public] library system.  (a)  The [board of education] state library system commission may charge and add a fee to any amount due in accordance with its duties and powers under section 312-1 for:

     (1)  Any cost or expense incurred by the [Hawaii] state [public] library system as a result of any action taken to enforce the collection of costs of lost books and any overdue fines and fees charged to that patron after the [public] state library system has mailed written notice demanding payment and advising that continued failure to pay the amount due may result in collection action being taken, including the imposition of cost-recovery fees, not to exceed $10, pursuant to this section.  Any cost-recovery fee charged against the patron for costs, fees, and other charges may include collection agency fees, attorneys' fees, court filing fees, and similar fees incurred by the [Hawaii] state [public] library system in connection with the collection action;

     (2)  [Hawaii public] State library system sponsored seminars or workshops, including educational materials in various media format; and

     (3)  Research and reference materials published on magnetic media, CD-ROM, or other machine-readable form.

     (b)  Interest shall not accrue with respect to any fee under this section.

     (c)  Notwithstanding any other [provisions] provision under this chapter, whenever a patron makes a partial payment of a particular delinquent amount, the amount received by the [Hawaii] state [public] library system shall first be credited to the fees charged under this section, in the order the fees were charged.

     (d)  The [board of education] state library system commission shall prescribe the procedures relating to:

     (1)  The charging of fees;

     (2)  The waiver of fees;

     (3)  The documents, materials, and services for which fees may be charged;

     (4)  The amount of the fees that may be assessed and charged to a library patron;

     (5)  The accumulated amount of lost library material costs, fines, or fees;

     (6)  The period of time that the lost library materials costs, fines, or fees must remain unpaid before they may be referred to a collection agency for collection pursuant to rules adopted under chapter 91; and

     (7)  The notification of persons with delinquent accounts of the additional fees to be charged by the collection agency prior to the referral to the collection agency.

     (e)  The state librarian may waive any fee imposed by the [Hawaii] state [public] library system under chapter 312 in cases of hardship as prescribed by rules adopted under chapter 91.

     (f)  Upon its collection, the cost-recovery fee shall be deposited into the libraries special fund established by section 312-3.6 and shall be expended as prescribed by law."

     SECTION 14.  Section 312-5, Hawaii Revised Statutes, is amended to read as follows:

     "§312-5  Annual report to the governor.  Annually during the month of July [but as of June 30 preceding], the [board of education] state library system commission shall report to the governor the moneys received from all sources and expended for all purposes during the preceding year, and any other matters pertaining to the libraries which it may deem important, or the governor may require."

     SECTION 15.  Section 312-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In addition to its other duties, the [board of education,] state library system commission, through the state librarian, shall:

     (1)  Provide for the establishment and ongoing operation of a literacy and lifelong learning program for the public libraries in the State;

     (2)  Provide coordination and facilitation of the activities of literacy service providers and literacy programs in the public, private, and volunteer sectors; and

     (3)  Develop public-private sector literacy partnerships for literacy program support."

     SECTION 16.  Section 312-21, Hawaii Revised Statutes, is amended as follows:

     1. By amending subsection (a) to read:

     "(a)  The [board of education,] state library system commission, through the state librarian, shall:

     (1)  Provide for the establishment and ongoing operation of a fee for enhanced service program, which includes but is not limited to the planning, programming, and budgeting of operating, research and development, and capital investment programs; and

     (2)  Administer a special fund to be known as the "library fee for enhanced services special fund"."

     2. By amending subsection (c) to read:

     (c)  The state librarian, with the approval of the [board of education,] state library system commission, shall determine the types and kinds of enhanced services to be included under the fee for enhanced services program; provided that a schedule of fees for these enhanced services shall be adopted in accordance with chapter 91.  Libraries shall not be obligated to offer all of the services specified in the fee for enhanced services program, and each public library shall determine which services it will provide."

     SECTION 17.  All rights, powers, functions, and duties of the board of education relating to the state library system are transferred to the state library system commission.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 18.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the board of education relating to the functions transferred to the state library system commission shall be transferred with the functions to which they relate.

     SECTION 19.  All rules, policies, procedures, guidelines, and other material adopted or developed by the board of education shall remain effective until amended or repealed by the state library system commission pursuant to chapter 91, Hawaii Revised Statutes.  In the interim, every reference to the board of education in the rules, policies, procedures, guidelines, and other material is amended to refer to the state library system commission.

     SECTION 20.  It is the intent of this Act not to jeopardize the receipt of any federal aid nor to impair the obligation of the State or any agency thereof to the holders of any bond issued by the State or by any such agency, and to the extent, and only to the extent, necessary to effectuate this intent, the governor may modify the strict provisions of this Act, but shall promptly report any such modification with reasons therefor to the legislature at its next session thereafter for review by the legislature.

     SECTION 21.  All acts passed by the legislature during this regular session of 2007, whether enacted before or after the effective date of this Act, shall be amended to conform to this Act unless such acts specifically provide that this Act is being amended.

SECTION 22.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 23.  This Act shall take effect upon its approval.

INTRODUCED BY:

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