SB 3328

THE SENATE
S.B. NO.
3328
THIRTY-THIRD LEGISLATURE, 2026
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.� The
legislature finds that, prior to the establishment of the public library system
under Act 150, Session Laws of Hawaii 1981 (Act 150), the State of Hawaii and
department of education constructed twelve public and school libraries on
school campuses across the State that were designed to serve both the students
at the school campus and the community at large.
���� The legislature further finds that Act 150
established a statewide public library system under the oversight of the board
of education.� As part of the board of
education's oversight, the state librarian assumed responsibility for all
maintenance and improvements at the twelve public and school library
buildings.� However, since 1981, the
Hawaii state public library system has been responsible for the costs of
operating these twelve public and school library buildings, including repair
and maintenance costs, but not costs related to the department of education
staff who support school library functions or other school-related expenses.
���� Accordingly, the purpose of this Act is to
clarify the roles and responsibilities for the costs of capital improvement
projects at the twelve public and school library facilities statewide.� More specifically, this Act clarifies that
after:
���� (1)� The
state librarian receives approval from the board of education to make capital
improvements to a public and school library; and
���� (2)� The
legislature appropriates and authorizes the capital improvement funding;
the
department of education shall work expeditiously in coordination with the state
librarian or the librarian's designee to ensure timely expenditure and use of
the appropriated moneys.
���� SECTION 2.� Section 302A-1120, Hawaii Revised Statutes,
is amended to read as follows:
���� "[[[]]�302A-1120[[]]]�
Public library system; board control.� (a)�
The board, through the state librarian, shall have [[direct]]:
���� (1)� Direct
control of the public library system, but not including school libraries[[.]];
and
���� (2)� Exclusive
authority over the development, use, support, improvement, and maintenance of
public library system facilities pursuant to section 312-1.
���� (b)�
If land for which the board approves the development or expansion of a
public library system facility is controlled by the board but is not
exclusively under the jurisdiction of the public library system, the board may
delegate to the state librarian exclusive control of the land to effectuate the
purpose of the development or expansion; provided that moneys have been
appropriated by the legislature for the development or expansion project.
���� (c)�
The board may adopt rules under chapter 91 for the purpose of this
section."
���� SECTION 3.� Section 302A-1506.2, Hawaii Revised Statutes,
is amended to read as follows:
���� "[[[]]�302A-1506.2[[]]]� Property acquisition, use, and disposition.� (a)�
The department may acquire or contract to acquire by grant or purchase
any real, personal, or mixed property or any interest therein for its immediate
or future use for public educational purposes, including lease revenues; and
own, hold, improve, and rehabilitate any real, personal, or mixed property
acquired, and sell, assign, exchange, transfer, convey, lease, or otherwise
dispose of, or encumber the same; provided that the department shall incur all
fees and costs associated with, and for, the subdividing of the land.
���� (b)� The department may, by itself, or in
partnership with qualified persons, acquire, construct, reconstruct,
rehabilitate, improve, alter, or repair any infrastructure or accessory
facilities in connection with any project; and own, hold, sell, assign,
transfer, convey, exchange, lease, or otherwise dispose of, or encumber any
project.
���� (c)� The department may lease or rent all or a
portion of any real property acquired for public educational purposes and
establish and revise the rents or charges therefor.� The department shall not sell any property,
real or personal, or any interest therein, except to a government entity.
���� (d)� The department may insure or provide for the
insurance of its property or operations against risks as it deems advisable.
���� (e)�
Notwithstanding any other law to the contrary, if land is controlled by
the department but the board has vested exclusive control in the state
librarian pursuant to section 302A-1120, the department shall cooperate expeditiously
with the state librarian and public library system to effectuate any project
authorized by the board.
���� [[(e)]]
(f)� For purposes of this section:
���� "Land"
or "property" includes vacant land or land with site improvements,
whether partially or entirely finished in accordance with governmental
subdivision standards, or with complete dwellings.
���� "Public
educational purposes" includes any use of the property, including revenue
generation, that would benefit the department's mission to provide public
education to students in the State.
���� "Real
property" includes lands, land under water, structures, and any agreed
upon easements, franchises, and incorporeal hereditaments and every estate and
right therein, legal and equitable, including terms for years and liens by way
of judgment, mortgage, or otherwise."
���� SECTION 4.�
Statutory material to be repealed is bracketed and stricken.� New statutory material is underscored.
���� SECTION 5.�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DOE; BOE;
State Librarian; Hawaii State Public Library System; Public and School Library
Facilities; CIP; Appropriated Funds
Description:
Clarifies
the roles and responsibilities for capital improvement projects at the 12
dual-use public and school libraries statewide.�
Clarifies that, after the Board of Education authorizes the State
Librarian to make capital improvements to a public and school library facility,
and the Legislature appropriates funding for the project, the Department of
Education shall work expeditiously with the State Librarian to ensure timely
use of the appropriated moneys.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.