THE SENATE

S.B. NO.

2994

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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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