Use of public library facilities
HRS §312-3.8
in effect312-3.8. Use of public library facilities
(a) Notwithstanding any law to the contrary, the head librarian of each library branch may request the issuance of licenses, revocable permits, concessions, or rights of entry to:
(1) The Friends of the Library of Hawaii;
(2) Affiliates of the Friends of
the Library of Hawaii, through and with approval of the Friends of the Library of Hawaii; and
(3) Any tax-exempt nonprofit
organization recognized by the Internal Revenue Service under section 501(c)(3)
of the Internal Revenue Code whose primary purpose is to support a state
library branch,
for the use of public library system facilities and
grounds, with the approval of the state librarian, in consultation with the
board of education, for such periods of use as deemed appropriate by the state
librarian. The state librarian shall administer any licenses, revocable
permits, concessions, or rights of entry issued pursuant to this section. 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 proceeds received by the Friends of the Library of Hawaii from the
operation of any concession, vending machine, or other activity through a
state-wide contract within, or on the grounds of, any state library facility
shall be deposited into the friends of the library of Hawaii program fund. All
funds deposited into the program fund, including income and capital gains
earned therefrom, shall be used exclusively for state library programs.
(c) Notwithstanding any law to the contrary,
all net proceeds received by the Friends of the Library of Hawaii, an affiliate
of the Friends of the Library of Hawaii, or any nonprofit organization from the
operation of any concession, vending machine, or other activity within, or on
the grounds of, any state library facility shall be deposited into an account
in a federally insured financial institution, with such account being held in
that organization's name and controlled exclusively by that organization, which
shall have sole authority and discretion in the disbursement of its funds. All
funds deposited into the account, including income and capital gains earned
therefrom, shall be used exclusively for the state library or libraries that
the Friends of the Library of Hawaii, affiliate of the Friends of the Library
of Hawaii, or nonprofit organization is organized to support.
(d) No later than September 30 of each year,
the Friends of the Library of Hawaii and any nonprofit organization that has
been issued a license, revocable permit, concession, or right of entry for the
use of state public library system facilities and grounds shall submit to the
state librarian an annual financial statement. The annual financial statement
shall include:
(1) The name and address of any
financial institution in which the net proceeds from the operation of any
concession, vending machine, or other activity within, or on the grounds of,
any state library facility were deposited and held;
(2) The name of any account,
account number, and balance of all such accounts;
(3) A reasonable description of
deposits into the account; and
(4) A reasonable description of
withdrawals and disbursements including how the withdrawals and disbursements
were used to support the appropriate state library.
The annual financial statement of the Friends of the
Library of Hawaii shall include the financial statements, satisfying the
criteria set forth above, of all of its affiliates that were issued a license,
revocable permit, concession, or right of entry for the use of state library
system facilities and grounds.
(e) The Friends of the Library of Hawaii,
affiliates of the Friends of the Library of Hawaii, and any nonprofit
organization that receives net proceeds from the operation of any concession,
vending machine, or other activity within, or on the grounds of, any state
library facility shall keep true and accurate records
as to their activities in a form that will accurately provide support for the
information required by this section. Upon demand, the records shall be made
available to the state librarian for inspection. Records shall be retained for
a period of not less than five years.
(f) The state
librarian shall, upon ten days notice, revoke any license, permit, concession,
or right of entry issued if the Friends of the Library of Hawaii, any affiliate
of the Friends of the Library of Hawaii, or any tax-exempt nonprofit
organization recognized by the Internal Revenue Service under section 501(c)(3)
of the Internal Revenue Code whose primary purpose is to support a state
library branch fails to comply with any provision of this section, including
the submission of an annual financial statement. The state librarian may, at
the state librarian′s discretion, in consultation with the board of education,
re-issue a license, permit, concession, or right of entry upon compliance with
this section.
(g) For purposes of this section:
"Affiliate of the Friends of the Library
of Hawaii" means any organization or entity that enters into a written
agreement with the Friends of the Library of Hawaii to be an affiliate. The
affiliate is not required to be recognized by the Internal Revenue Service as a
tax-exempt nonprofit organization.
"Net proceeds" means all revenue
generated from the operation of any concession, vending machine, or other
activity within, or on the grounds of, any state library facility minus the
costs incurred in generating those revenues, including but not limited to
payments to third-party vendors and any expenses associated with operating the
organization.
(h) The board of education may adopt rules
pursuant to chapter 91 to carry out the purpose of this section.
[L 1994, c 57,
§1; am L 2001, c 106, §1; am L 2012, c 308, §4; am L 2018, c 171, §4]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol05_Ch0261-0319/HRS0312/HRS_0312-0003_0008.htmFetched: 11/10/2026