THE SENATE |
S.B. NO. |
2994 |
TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO STATE LIBRARIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 312-3.8, Hawaii Revised Statutes, is amended to read as follows:
"§312-3.8 [Hawaii state library
foundation and friends of the library of Hawaii concessions; use of public
library facilities.] Use of public library facilities; funds.
(a) Notwithstanding any law to the contrary, the head librarian of each
library branch in the Hawaii state public library system, [through] with
the approval of the state librarian, shall [be authorized to] issue
licenses, revocable permits, concessions, or rights of entry for the use of the
facilities and grounds of that library branch and for such periods of use as
deemed appropriate by the state librarian to [the Hawaii state library
foundation and the friends of the library of Hawaii for the use of public
library system facilities and grounds and for such periods of use as deemed
appropriate by the state librarian.] the Friends of the Library of
Hawaii and any tax-exempt non-profit corporation recognized
by the Internal Revenue Service under section
501(c)(3) of the Internal Revenue Code whose primary declared
purpose is the support of a library within the Hawaii state public library system.
All such dispositions, including those in excess of fourteen days, need not be
approved by the board of land and natural resources; provided that approval by
the board of land and natural resources shall be required when such
dispositions are for periods in excess of one year.
(b) Notwithstanding any law to the contrary,
all net income or proceeds received by the [Hawaii state library foundation
and the friends of the library of Hawaii] Friends of the Library of
Hawaii from the operation of any concession, vending machine, or other
for-profit business enterprise within, or on the grounds of, any state library
facility, as provided in subsection (a), shall be deposited into the [Hawaii
state library foundation trust fund or the friends of the library of Hawaii]
Friends of the Library of Hawaii trust fund, as appropriate. All funds
deposited into the trust funds, including income and capital gains earned
therefrom, shall be used exclusively for state library programs.
(c) Notwithstanding any law to the contrary, all net income or proceeds received by any tax-exempt non-profit corporation, as provided in subsection (a), from the operation of any concession, vending machine, or other for-profit business enterprise within, or on the grounds of, a state library facility, as provided in subsection (a), shall be deposited into the trust fund of the non-profit corporation. All funds deposited into the trust fund of the non-profit corporation, including income and capital gains earned therefrom, shall be used exclusively for the library that the non-profit is recognized to support."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on June 1, 2030.
Report Title:
State Libraries; Concessions; Non-Profit Corporations
Description:
Requires the head librarian of each library branch in the Hawaii state public library system, with the approval of the state librarian, to issue licenses, revocable permits, concessions, or rights of entry for the use of facilities and grounds of that library branch to the Friends of the Library of Hawaii and any 501(c)(3) corporation that exists for the purpose of supporting a library within the Hawaii State Public Library System. Effective 6/1/2030. (SD1)
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