SB3328

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.

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:	_____________________________

THE SENATE	S.B. NO.	3328
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII