reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 18. Education › 305J. Post-Secondary Education Authorization › 305J-8 Authorization to operate in the State; private college or university.

§305J-8 Authorization to operate in the State; private college or university.
(a) To operate in the State, a private college or university shall:
(1) Be party to a reciprocity agreement to which the State is a member; or
(2) Apply for, on a form prescribed by the department, and receive authorization from the director; provided that the private college or university meets the requirements of section 305J-14; provided further that a private college or university shall apply for and obtain a separate authorization for each campus, branch, or site that is separately accredited. A separate authorization shall not be required for additional professional accreditations. A private, nonprofit college or university shall submit verification of its nonprofit status with its application.
(b) Upon receiving an application for authorization, the director shall review the application to confirm that the private college or university is accredited. The director shall not approve an application from a private college or university that, in the two years preceding submission of the application, has:
(1) Had its accreditation suspended or withdrawn;
(2) Been prohibited from operating in another state; or
(3) Substantially the same owners, governing board, or principal officers as a private college or university that has:
(A) Had its accreditation suspended or withdrawn; or
(B) Been prohibited from operating in another state.
(c) To operate in the State, a private college or university shall be accredited on the basis of an on-site review; provided that a candidate for accreditation seeking authorization to operate may be issued a provisional authorization to operate on an annual basis without accreditation subject to a determination by the director that issuance is in accordance with administrative rules, policies, or procedures adopted by the director. A candidate for accreditation may annually renew its provisional authorization for a period not to exceed five years, unless an extension is granted by the director for good cause.
(d) A private college or university shall notify the department within thirty days of any material information related to an action by the institution's accrediting body concerning the institution's accreditation status, including but not limited to reaffirmation or loss of accreditation, approval of a request for change, a campus evaluation visit, a focused visit, or approval of additional locations. In addition, the institution shall immediately notify the department if the institution's accrediting body is no longer recognized by the United States Department of Education.
(e) A private college or university under the jurisdiction of the department shall notify the department at least one year prior to its ceasing of operations in the State.
(f) A private college or university authorized pursuant to this chapter shall pay any and all fees established pursuant to section 305J-18. [L 2013, c 180, pt of §2; am L 2017, c 4, §4]
2023 Hawaii Revised Statutes › Title 18. Education › 305J. Post-Secondary Education Authorization › 305J-9 Authorization to operate in the State; seminary or religious training institutions.

§305J-9 Authorization to operate in the State; seminary or religious training institutions.
(a) To operate in the State, a seminary or religious training institution shall:
(1) Be party to a reciprocity agreement to which the State is a member; or
(2) Apply for, on a form prescribed by the department, and receive authorization from the director; provided that the institution shall establish that it qualifies as a bona fide religious training institution and as an institution of post-secondary education.
(b) Nothing in this section shall preclude a seminary or religious training institution from seeking accreditation. [L 2013, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 305J. Post-Secondary Education Authorization › 305J-10 Reauthorization.

§305J-10 Reauthorization.
(a) A private college or university that is authorized pursuant to section 305J-8 and maintains its accreditation shall apply to the department for reauthorization every two years. A private college or university that has its accreditation reaffirmed without sanction and continues to demonstrate its compliance with section 305J-14, shall otherwise be presumed to be qualified for reauthorization under this chapter for a period of two years.
(b) A seminary or religious training institution authorized pursuant to section 305J-9 shall apply to the department for reauthorization every two years. A seminary or religious training institution that continues to meet the authorization requirements of this chapter shall otherwise be presumed to be qualified for reauthorization under this chapter for a period of two years.
(c) Private colleges or universities, seminaries, and religious training institutions applying for reauthorization under this section shall pay the fees required pursuant to section 305J-18.
(d) If a private college or university, seminary, or religious training institution cannot demonstrate that it meets the authorization requirements of this chapter, the director shall deny the application for reauthorization. The director shall provide the private college or university, seminary, or religious training institution with written notification of the denial of the application for reauthorization and the basis for the denial. If, within six months of receiving notice that its application for reauthorization has been denied, the private college or university, seminary, or religious training institution corrects the action or condition upon which the denial was based, it may reapply for reauthorization. If the private college or university, seminary, or religious training institution does not correct the action or condition upon which the denial was based, it may submit a new application for authorization pursuant to section 305J-8 or 305J-9, whichever is applicable, once the action or condition has been corrected.
(e) If a private college or university is under a sanction from its accrediting body at the time that it submits its application for reauthorization, the director may:
(1) Approve the private college or university's reauthorization; or
(2) Grant probationary approval of the private college or university's reauthorization; provided that if the private college or university is granted probationary reauthorization:
(A) The department shall provide the private college or university with written notice of its probationary status;
(B) The private college or university shall reapply for reauthorization on an annual basis until the accrediting body lifts its sanction; and
(C) The private college or university shall provide the department with an annual report on its progress toward removing the sanction. [L 2013, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 305J. Post-Secondary Education Authorization › 305J-11.5 Opportunity for administrative hearing.

§305J-11.5 Opportunity for administrative hearing.
An institution may, within fifteen days of the receipt of notification of denial or of intent to suspend or terminate any authorization, request an administrative hearing for review pursuant to chapter 91. [L 2015, c 34, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 305J. Post-Secondary Education Authorization › 305J-12 Requirements to maintain authorization.

§305J-12 Requirements to maintain authorization.
(a) Authorization by the director shall be conditioned on the maintenance of accreditation by the institution and compliance with section 305J-14. Authorization shall be automatically suspended effective as of the date of the cancellation or expiration of accreditation or the cancellation or expiration of the surety bond if a surety bond was filed with the department. The director shall not reinstate the affected institution until satisfactory proof of compliance is submitted to the department. Failure to reinstate a suspended authorization within sixty days of suspension shall result in the termination of the authorization, and the institution shall forfeit all fees and shall be required to apply for authorization as a new applicant.
(b) An institution's authorization shall be placed on probationary status without further action by the department in the event that:
(1) The institution is placed on probationary status by its accrediting agency, contemporaneous with the action of such agency;
(2) The institution's accrediting agency ceases to be recognized by the United States Department of Education; or
(3) In the case of a seminary or religious training institution, the seminary or religious training institution no longer meets the definition of such under this chapter.
(c) An institution may, within fifteen days of the receipt of the notification of probation under this section, request an administrative hearing for review pursuant to chapter 91.
(d) If an institution's authorization is revoked due to the institution's loss of accreditation, the institution shall provide written notice to all students within thirty days following the date of revocation.
(e) A private college or university, seminary, or religious training institution that is authorized pursuant to this chapter shall:
(1) Not make or cause to be made any oral, written, or visual statement or representation that violates section 305J-11(b);
(2) Provide the department with a copy of its enrollment agreement, if applicable, in accordance with its reauthorization schedule;
(3) Provide bona fide instruction, in accordance with the standards and criteria set by its accrediting body; and
(4) If its ownership changes, provide the department with any material information concerning the transaction at least thirty days prior to the transaction. [L 2013, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 305J. Post-Secondary Education Authorization › 305J-13 Deposit of records upon discontinuance.

§305J-13 Deposit of records upon discontinuance.
(a) If a private college or university, seminary, or religious training institution under the jurisdiction of the department ceases operating within the State, the institution, its owner, or the owner's designee, and its governing board shall be jointly and severally liable to deposit with the department the institution's educational records requested by the department in a form to be prescribed by the director.
(b) If the director determines that the records of a private college or university, seminary, or religious training institution that ceases operating within the State are in danger of being destroyed, secreted, mislaid, or otherwise made unavailable to the department, the director may seek a court order authorizing the department to seize or take possession of the records and seek additional relief as may be appropriate.
(c) The director or the department of the attorney general may enforce this section by filing a request for an injunction with a court of competent jurisdiction.
(d) The department shall permanently retain any student transcripts received pursuant to this section in a form prescribed by the director. The department shall retain any other records requested and obtained pursuant to this section for a time period prescribed by the director; provided that at the time of disposal, the department shall dispose of the records in a manner that will adequately protect the privacy of any personal information included in the records.
(e) For the purposes of this section, "private college or university" shall not include public, out-of-state institutions.
(f) Nothing in this section shall prohibit the department from contracting with any third party for the storage and maintenance of any records required to be deposited with the department pursuant to this section. [L 2013, c 180, pt of §2; am L 2016, c 143, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 305J. Post-Secondary Education Authorization › 305J-16 Reciprocity.

§305J-16 Reciprocity.
The director may enter into any post-secondary education authorization reciprocity agreement; provided that the authorization standards of the reciprocity agreement shall be comparable to or exceed the authorization requirements of this chapter and any applicable administrative rules. [L 2013, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 305J. Post-Secondary Education Authorization › 305J-17 Complaints; injunctive proceedings.

§305J-17 Complaints; injunctive proceedings.
(a) A student or former student of the University of Hawaii system, a private college or university, seminary, or religious training institution may file a complaint with the department concerning the institution at which the student is or was enrolled; provided that if a former student files a complaint, the complaint shall be filed within two years after the former student discontinued enrollment at the institution; provided that the two year restriction on complaints shall not apply to complaints related to obtaining transcripts.
(b) The department may investigate complaints based on possible violations of this chapter or rules adopted hereunder. The department may initiate and investigate complaints based on information the department receives concerning possible violations of this chapter or rules adopted hereunder.
(c) Nothing in this section shall give the department jurisdiction to consider complaints that infringe on the academic or religious freedom of, or question the curriculum content of, a private college or university, seminary, or religious training institution.
(d) Upon receipt of a complaint pursuant to [subsection] (a) or (b), the department shall determine whether the complaint was properly filed. The complaint shall warrant investigation only after the student or former student has exhausted all administrative remedies available at the University of Hawaii system, private college or university, seminary, or religious training institution; provided that if the complaint involves a violation of state or federal criminal law, this requirement shall not apply. If a complaint warrants investigation, the department shall forward the complaint to the University of Hawaii system, private college or university, seminary, or religious training institution. The University of Hawaii system, private college or university, seminary, or religious training institution shall have thirty days to respond in writing to the complaint. During the thirty-day period, the University of Hawaii system, private college or university, seminary, or religious training institution, with the department's assistance, may attempt to resolve the complaint with the student. If the department determines at any time that the complaint no longer warrants investigation, the department shall dismiss the complaint.
(e) If a complaint is not resolved within the thirty-day period, the department may:
(1) Dismiss the complaint based on the response of the University of Hawaii system, private college or university, seminary, or religious training institution;
(2) Investigate and, where appropriate, take disciplinary action in a manner consistent with chapter 91. [L 2013, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 305J. Post-Secondary Education Authorization › 305J-18 Fees; public hearing.

§305J-18 Fees; public hearing.
(a)
An institution applying for authorization shall pay $10,000 to the department upon application for authorization under this chapter and every two years thereafter upon application for reauthorization.
(b) The director may assess fees as provided in this chapter and, notwithstanding any other law to the contrary, may change the amount of the fees required by this section at any time without regard to chapter 91, if the director:
(1) Holds at least one public hearing to discuss and take testimony on the proposed fee change; and
(2) Provides public notice at least thirty days prior to the date of the public hearing.
(c) Fees collected pursuant to this section shall be deposited into the post-secondary education authorization subaccount established pursuant to section 26-9(o). [L 2013, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 305J. Post-Secondary Education Authorization › 305J-19 Post-secondary education authorization special subaccount.

§305J-19 Post-secondary education authorization special subaccount.
(a) All moneys collected pursuant to section 305J-18 shall be deposited into the post-secondary education authorization special subaccount of the compliance resolution fund established pursuant to section 26-9(o).
(b) Any law to the contrary notwithstanding, the moneys in the special subaccount shall be used to fund the operations of the department to carry out its duties under this chapter. Any law to the contrary notwithstanding, the director may use the moneys in the special subaccount to employ personnel to carry out the department's duties under this chapter. The moneys in the special subaccount may be used to train personnel as the director deems necessary and for any other activity related to this chapter. [L 2013, c 180, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 309. Student Loan Funds › 309-1 Participation in United Student Aid Funds, Inc. or other similar public or private nonprofit corporations.

§309-1 Participation in United Student Aid Funds, Inc. or other similar public or private nonprofit corporations.
The department of budget and finance is hereby authorized to enter into a contract with the United Student Aid Funds, Inc., or such other public or private nonprofit corporations as may be designated by or established pursuant to Public Law 89-329, Public Law 89-287 or similar federal laws, relating to loans to students. Such contract may be amended or revised by the department to assure the full utilization of benefits provided by Public Law 89-329 and Public Law 89-287 and similar federal laws. [L 1963, c 90, pt of §1 and c 114, §1; Supp, §44B-1; am L 1966, c 16, pt of §2; HRS §309-1; am L 1968, c 49, pt of §2]
Cross References
Loans for university and community college students, see § §304A-601 to 304A-604 and 304A-2160.
2023 Hawaii Revised Statutes › Title 18. Education › 309. Student Loan Funds › 309-2 Eligibility.

§309-2 Eligibility.
All students meeting the requirements of and attending institutions meeting the accreditation standards of Public Law 89-329 and Public Law 89-287 or similar federal laws shall be eligible for loans guaranteed under this program. [L 1963, c 90, pt of §1; am L 1965, c 141, §1; Supp, §44B-2; am L 1966, c 16, pt of §2; HRS §309-2; am L 1968, c 49, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 309. Student Loan Funds › 309-3 Capacity of minors.

§309-3 Capacity of minors.
Any student otherwise qualifying for a loan under the provisions of this chapter shall not be disqualified by reasons of the student's being under the age of eighteen years, and for the purpose of applying for, receiving and repaying such loan, any such person shall be deemed to have full legal capacity to act and shall have all rights, powers, privileges, and obligations of an adult, with respect thereto. [L 1963, c 90, pt of §1; Supp, §44B-3; am L 1966, c 16, pt of §2; HRS §309-3; am L 1968, c 49, pt of §2; am L 1972, c 2, §9; gen ch 1985]
2023 Hawaii Revised Statutes › Title 18. Education › 309. Student Loan Funds › 309-4 Rules and regulations.

§309-4 Rules and regulations.
The department of budget and finance is authorized to establish rules and regulations relating to the participation of eligible institutions as defined in Public Law 89-329 and Public Law 89-287 or similar federal laws, allocation of available loan funds among the several participating eligible institutions, definition of necessary terms, and other matters relating to the program. [L 1966, c 16, pt of §2; HRS §309-4; am L 1968, c 49, pt of §2]
Cross References
Rulemaking, see chapter 91.
2023 Hawaii Revised Statutes › Title 18. Education › 309H. Hawaii Health Corps › 309H-1 Definitions.

§309H-1 Definitions.
As used in this chapter, unless the context requires otherwise:
"Loan repayment" or "repayment of loan" means the payment of up to twenty per cent of a Hawaii health corps program participant's health care training costs including but not limited to tuition not exceeding $35,000 per year for a maximum of five years of repayment.
"Nurse practitioner" means a person licensed as an advanced practice registered nurse under chapter 457.
"Physician" means a person licensed to practice medicine and surgery, as required by section 453-2.
"Physician assistant" means a person licensed to practice medicine under the supervision of a physician or osteopathic physician, as required by section 453-5.3.
"Residency" means a physician or nurse practitioner participating in an accredited program of post graduate study. [L 2012, c 187, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 309H. Hawaii Health Corps › 309H-2 Hawaii health corps program established.

§309H-2 Hawaii health corps program established.
The Hawaii health corps program is established to encourage physicians, physicians assistants, and nurse practitioners to serve in counties having a shortage of physicians, physician assistants, and nurse practitioners, with priority given to a rural area county. The Hawaii health corps program shall be administered by the University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene. In administering the program, the University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene shall:
(1) Adopt rules and develop guidelines to administer the program;
(2) Identify and designate areas of the counties where there is a shortage of physicians, physician assistants, and nurse practitioners;
(3) Establish criteria for the selection by the University of Hawaii John A. Burns school of medicine of physicians, physician assistants, and nurse practitioners to participate in the Hawaii rural health care provider loan repayment program;
(4) Define and determine compliance with the service commitments of the Hawaii rural health care provider loan repayment program;
(5) Collect and manage reimbursements from participants who do not meet their service commitments under the Hawaii rural health care provider loan repayment program;
(6) Publicize the program, particularly to maximize participation by individuals who live in areas of a county where there is a shortage of physicians, physician assistants, and nurse practitioners;
(7) Solicit and accept grants and donations from public and private sources for the Hawaii rural health care provider loan repayment program, including maximizing the use of federal matching funds; and
(8) Establish criteria and procedures for calling Hawaii health corps program participants into service during an emergency or disaster. [L 2012, c 187, pt of §2; am L 2014, c 111, §12]
2023 Hawaii Revised Statutes › Title 18. Education › 309H. Hawaii Health Corps › 309H-4 Hawaii health corps first responder service obligation.

§309H-4 Hawaii health corps first responder service obligation.
If an emergency or disaster proclaimed under chapter 127A occurs, physicians, physician assistants, and nurse practitioners participating in the Hawaii health corps program may be ordered into service by the governor as first responders to serve in areas of the State and in a capacity determined by the director of health. [L 2012, c 187, pt of §2; am L 2014, c 111, §13]
2023 Hawaii Revised Statutes › Title 18. Education › 309H. Hawaii Health Corps › 309H-5 Rules.

§309H-5
Rules.
The University of Hawaii John A. Burns school of medicine and the University of Hawaii at Manoa school of nursing and dental hygiene shall adopt rules to administer this chapter. The rules shall be adopted pursuant to chapter 91, but shall be exempt from public notice and public hearing requirements. [L 2012, c 187, pt of §2]
2023 Hawaii Revised Statutes › Title 18. Education › 311. Compact for Education › 311-2 State commissioners.

§311-2 State commissioners.
(a) Hawaii's representatives to the Education Commission of the States, hereinafter called the "commission", shall consist of seven members. The governor; two members of the legislature selected by its respective houses and serving in such manner as the legislature may determine; and the head of a state agency or institution, designated by the governor, having one or more programs of public education, shall be ex officio members of the commission. The other three members shall be appointed by and serve at the pleasure of the governor.
(b) The selection and terms of the members of the commission shall be governed by the applicable provisions of section 26-34.
(c) Members of the commission shall serve without pay but shall be entitled to reimbursement for necessary expenses while attending meetings and while in the discharge of duties and responsibilities. [L 1966, c 32, §3; HRS §311-2; am L 1996, c 115, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 311. Compact for Education › 311-4 Filing of bylaws.

§311-4 Filing of bylaws.
Pursuant to Article III(I) of the compact, the commission shall file a copy of its bylaws and any amendments thereto with the office of the lieutenant governor, State of Hawaii. [L 1966, c 32, §5; HRS §311-4]
2023 Hawaii Revised Statutes › Title 18. Education › 311. Compact for Education › 311-6 Expenditures; reports.

§311-6 Expenditures; reports.
Expenditures by commission members shall be made upon warrants issued by the state comptroller based upon vouchers approved by the governor or the governor's duly authorized representative. A report of the activities and expenses of the commission members and a proposed program for the State's continuing participation in the activities of the compact for education, including a budget request, shall be submitted by the governor to the legislature. [L 1966, c 32, §7; HRS §311-6; gen ch 1985; am L 1996, c 115, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 311D. Interstate Compact on Educational Opportunity for Military Children › 311D-2 State council.

§311D-2 State council.
There is established within the board of education for administrative purposes the state council on educational opportunity for military children. The board of education shall establish the state council, as required by article VIII of the compact. The membership of the state council shall include, at a minimum:
(1) The superintendent of education or the superintendent's designee;
(2) The complex area superintendents of the administrative districts that contain the Leilehua, Radford/Moanalua, and Kalaheo school complexes;
(3) A complex area superintendent from the Leeward district;
(4) The military liaison from the department of education;
(5) A uniformed military representative from the United States Pacific Command;
(6) One installation-level uniformed military representative from each branch of service of the Air Force, Army, Marine Corps, Navy, and Coast Guard;
(7) The governor or the governor's designee;
(8) The chairperson of the senate education committee or the chairperson's designee;
(9) The chairperson of the house education committee or the chairperson's designee; and
(10) Other offices and stakeholder groups the state council deems necessary.
Members of the state council may delegate voting authority to another person for a specified meeting or meetings. The state council shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the state council, unless either is already a full voting member of the state council.
The council shall establish policies and procedures governing its operations but subject to the open meeting requirements of chapter 92. [L 2009, c 152, pt of §1; am L 2011, c 82, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 311D. Interstate Compact on Educational Opportunity for Military Children › 311D-3 Appointment of compact commissioner.

§311D-3 Appointment of compact commissioner.
As required by article VIII of the compact, the state superintendent of education shall recommend, with the approval of the board of education, the compact commissioner, who shall be responsible for the administration and management of the State's participation in the compact. [L 2009, c 152, pt of §1; am L 2011, c 82, pt of §1]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-1 Duties of the board of education.

Note
Part heading added by L 1993, c 327, §2 and amended by L 1993, c 327, §3; L 1996, c 144, §2; L 1999, c 29, §2; L 2001, c 107, §2.
§312-1 Duties of the board of education.
The board of education shall care for, manage, and control all property set apart, donated, loaned to, or in any manner acquired for the use of libraries; receive, care for, expend, and account for any money which may be received for the purpose of erecting buildings for libraries or for any other purposes of the libraries. [L 1909, c 83, §2; RL 1925, §417; RL 1935, §801; RL 1945, §1912; RL 1955, §45-2; am L Sp 1959 2d, c 1, §18; HRS §312-1; am L 1981, c 150, §5; am L 2015, c 26, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-2 Powers of board; special fund.

§312-2 Powers of board; special fund.
The board of education may:
(1) Except as provided in section 312-3.9, make arrangements or contracts as are approved by the governor, with any county, city, association, society, person, or persons, for the purpose of benefiting the libraries and increasing their facilities and use;
(2) Subject to section 26-12, enter into an arrangement or contract as is approved by the governor, with the Friends of the Library of Hawaii, affiliates of the Friends of the Library of Hawaii, and any tax-exempt nonprofit organization recognized under section 501(c)(3) of the Internal Revenue Code whose primary purpose is to support a state library branch, for the purpose of obtaining the use of the books and property and income of the Friends of the Library of Hawaii, its affiliates, and the aforementioned tax-exempt nonprofit organizations;
(3) Cooperate by exchange and otherwise with libraries now existing or hereafter to be formed;
(4) Receive, use, manage, or invest moneys or other property, real, personal, or mixed that may be given, bequeathed, devised, or in any manner received from sources other than the legislature or any federal appropriation for any or all purposes of the libraries;
(5) Deposit with the director of finance in the library special fund all moneys donated to the board for library services;
(6) Unless otherwise provided for by the terms and conditions of the donation, convert, at the time as the board may at its sole discretion determine, any or all donations of property, real, personal, or mixed, into money to be deposited into the special fund; and
(7) Expend the moneys in the special fund in accordance with the terms and conditions of each donation for the purposes of the libraries.
The board shall be the trustee of the special fund and all moneys therein shall be deemed to have been appropriated to the use and for the purposes of the Hawaii state public library system in providing library services. Nothing in this section shall be construed to limit the powers and duties of the board hereinbefore expressed, or to empower the board to obligate the State financially in any sum that shall not have been appropriated by the legislature for the use of the board. [L 1909, c 83, §3; RL 1925, §418; RL 1935, §802; am L 1939, c 127, §1; RL 1945, §1913; am L 1953, c 171, §2; RL 1955, §45-3; am L Sp 1959 2d, c 1, § §14, 18; am L 1963, c 114, §1; HRS §312-2; am L 1981, c 150, §6; am L 1997, c 252, §3; am L 2012, c 308, §2; am L 2015, c 26, §4; am L 2018, c 171, §1]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-2.1 Appointment of state librarian; duties; salary.

§312-2.1 Appointment of state librarian; duties; salary.
(a) The state librarian shall be appointed by the board of education, without regard to chapter 76, shall be under the direction of the board, shall be responsible for the operation, planning, programming, and budgeting of all community/school and public libraries within the State, and may be removed by a majority vote of its members. The state librarian may be appointed:
(1) Without regard to the state residency provisions of section 78-1(b); and
(2) For a term of up to four years.
(b) The salary of the state librarian shall be set by the board of education at a rate no greater than $175,000 a year.
(c) The state librarian may appoint, without regard to chapter 76, one secretary for the state librarian. The secretary for the state librarian shall serve at the pleasure of the state librarian.
(d)
[Repeal and reenactment on June 30, 2028. L 2023, c 141,
§4
.]
The state librarian shall:
(1) Collect, purchase, receive gifts of, and otherwise acquire all books and other publications proper for libraries, and arrange, classify, manage, and catalog the same;
(2) Provide for safekeeping of the foregoing;
(3) Expend moneys appropriated by the legislature and otherwise acquired for the development, use, support, and maintenance of libraries and other related purposes;
(4) Provide ways and means for placing libraries within reach of all residents throughout the State and particularly of all public and private school children;
(5) Provide and maintain branch libraries, offices, or places for the distribution of books and periodicals throughout the State;
(6) Enter into contracts as may be necessary to carry into effect the general duties herein imposed;
(7) Appoint officers and employees as deemed necessary, all of whom shall be under the authority of the governor for purposes of chapters 76, 78, 89, and 89C;
(8) Impose and collect rates, rents, fees, fines, and charges for the use or enjoyment and services of the facilities of each state library facility; provided that the contracting for concessions within a library facility shall not be subject to section 102-14;
(9) Revise rates, rents, fees, fines, and charges imposed pursuant to paragraph (8) upon approval of the board of education; and
(10) Adopt rules for the management and use of libraries, and for the control of the property under its management. [L 1969, c 127, §27; am L 1975, c 58, §16; am L 1979, c 59, §1; am L 1981, c 150, §7; am L 1982, c 129, §10; am L 1983, c 115, §1; am L 1986, c 128, §9; am L 1987, c 56, §1; am L 1989, c 329, §7; am L 1999, c 75, §1; am L 2000, c 253, §150; am L 2001, c 117, §1; am L 2012, c 135, §1; am L 2015, c 26, §2; am L 2019, c 224, §2; am L 2020, c 46, §6; am L 2023, c 141, §1]
Revision Note
Enacted as a new section, subsection (d) was redesignated pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-2.2 Special assistant to the state librarian; appointment and duties; secretary.

§312-2.2 Special assistant to the state librarian; appointment and duties; secretary.
The state librarian shall appoint a special assistant to the state librarian who shall serve at the pleasure of the state librarian and shall generally assist the state librarian, as the state librarian may require, in the initiation, direction, or monitoring of administrative or managerial special projects, studies, investigations, and any other assignments that the state librarian determines to be necessary. In addition, the special assistant shall, as the state librarian may direct, serve as the state librarian's representative to, and monitor and apprise the state librarian of the activities of the various national, regional, state, and local organizations and committees in which the state librarian has membership, participation, or interest. The special assistant to the state librarian shall be appointed without regard to chapter 76, and shall hold no other public or private office or employment. Section 26-53 shall not be applicable to the special assistant to the state librarian. The state librarian may also appoint, without regard to chapter 76, one secretary for the special assistant to the state librarian. The secretary for the special assistant to the state librarian shall serve at the pleasure of the state librarian. [L 1989, c 134, §1; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-3 Exchange of librarians.

§312-3 Exchange of librarians.
[(a)] The state librarian may contract for the exchange of librarians with librarians of any state, country, or territory in accordance with this section, except as otherwise provided in section 78-27. Local librarians so exchanged shall be paid their regular salaries out of the funds appropriated for personal services in the library budget for the library concerned. The qualifications of all librarians from any such state, country, or territory so exchanged shall be equal to those of the local librarians exchanged. In the selection of local librarians for exchange, preference shall be given to persons born in the State. The requirements of citizenship shall not apply to any librarian coming to the State from any foreign state, country, or territory under any such contract of exchange. All librarians so exchanged shall furnish their own transportation to and from the state, country, or territory with which exchanged.
[(b)] No compensation shall be paid by the State to visiting exchange librarians; provided that in any case where the local exchanged librarian becomes incapacitated or, for any reason, leaves the exchanged position permanently, the library concerned may pay the visiting exchange librarian an amount not to exceed the salary rating of the local exchanged librarian, such an arrangement to continue until the end of the period of exchange or until such time as some satisfactory adjustment has been made. [L 1951, c 190, pt of §1; RL 1955, §45-30; HRS §312-3; am L 1981, c 150, §8; am L 2002, c 148, §34; am L 2012, c 135, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-3.3 Reallocation of vacant positions.

§312-3.3 Reallocation of vacant positions.
The state librarian shall promote innovative, efficient, and effective management, without regard to the position variance requirements of the department of budget and finance, and may:
(1) Reallocate existing vacant positions throughout the public library system;
(2) Directly authorize and implement internal reorganization actions; and
(3) Create temporary positions as necessary; provided that:
(A) The expenditures of the public library system shall not exceed its allocated budget;
(B) The term of each position shall not exceed one year; and
(C) The state librarian shall report the creation of temporary positions to the department of budget and finance. [L 1996, c 196, §1; am L 1999, c 130, §2; am L 2001, c 108, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-3.5 Detention of public library materials; penalty.

§312-3.5 Detention of public library materials; penalty.
(a) A person who detains any public library materials belonging to any community, school, or public library for one day after the due date of the public library materials, shall be subject to a nominal charge established by the board of education.
(b) A person detaining any public library materials thirty days or more after the due date of the materials shall be subject to a charge commensurate with the replacement value of the public library materials. [L 1979, c 117, §1; am L 1981, c 150, §9; am L 1983, c 134, §1; am L 1991, c 145, §2; am L 2018, c 171, §2]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-3.6 Libraries special fund.

§312-3.6 Libraries special fund.
(a) There is established in the state treasury a libraries special fund into which shall be deposited all moneys collected pursuant to section 312-3.5, and all moneys designated to be paid to this fund pursuant to section 235-102.5(c).
(b) The fund shall be administered by the state librarian who shall, unless otherwise directed by the library advisory committee, disburse to each public library, the amount commensurate with the moneys received from the library under section 312-3.5 over the previous fiscal period. Allocations shall be made in quarterly installments within thirty days of the end of each calendar quarter.
(c) Moneys allocated from the libraries special fund to the public libraries shall be used to purchase books or other library materials. Each public library may post on a bulletin board or other appropriate place a list of the purchases made from the special fund in the preceding quarter.
(d) The state librarian shall submit an annual report on the status of the libraries special fund, to include information regarding:
(1) Deposits into the fund and the source of these revenues;
(2) Allocations to each public library, including allocations established for both the fiscal year covered by the annual report and the subsequent fiscal year;
(3) Descriptions and amounts of expenditures made from the fund;
(4) Balances remaining on June 30 of each year;
(5) Financial information regarding receipt sources by individual libraries; and
(6) Actual expenditure of receipts by individual libraries;
provided that this report shall be submitted to the legislature and to the governor, or the director of finance if so delegated by the governor, no later than twenty days prior to the convening of each regular session of the legislature.
[(e)] The state librarian may receive privately donated moneys and use such moneys in any of the library system's accounts or funds to support the operations of the library system, including the payment of staff salaries and expenses related to operations of library facilities; provided that the donor is advised that the donated moneys may be used for these purposes. [L 1989, c 129, §3; am L 1993, c 280, §30; am L 1999, c 45, §1; am L 2003, c 193, § §3, 4]
Revision Note
L 2003, c 193, §4 is codified to this section as subsection (e) pursuant to §23G-15.
Cross References
University of Hawaii library special fund, see §304A-2155.
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-3.7 Friends of the library of Hawaii program fund.

§312-3.7 Friends of the library of Hawaii program fund.
(a) There is established as a separate fund of the Friends of the Library of Hawaii, a Hawaii nonprofit corporation, the friends of the library of Hawaii program fund. All moneys contributed to the fund, including income and capital gains earned therefrom, shall be used exclusively for state library programs as defined in the articles, bylaws, resolutions, and other instruments executed on behalf of the Friends of the Library of Hawaii or by the state librarian. The fund may receive any and all types of private contributions, and the income and capital gains earned by the fund; provided that moneys or properties donated for library use and patrons' deposits shall be deposited and accounted for in accordance with rules adopted by the comptroller. The fund shall be subject to the following restrictions:
(1) All moneys, and the income and capital gains earned by investment of those moneys, shall be expended only for the support of state library programs; and
(2) Other restrictions imposed by the legislature with respect to the transfer or appropriation of moneys.
(b) Any moneys deposited in the fund, and any income and capital gains earned therefrom, not used for state library programs, shall be invested in accordance with the provisions of the articles, bylaws, resolutions, or other instruments executed on behalf of the Friends of the Library of Hawaii, and in a manner intended to maximize the rate of return on investment of the fund.
(c) If the fund is terminated or the Friends of the Library of Hawaii is dissolved, all moneys, including the income and capital gains earned by the investment of moneys, shall be distributed in accordance with the articles and bylaws of the Friends of the Library of Hawaii.
(d) The Friends of the Library of Hawaii shall require an annual audit of the fund, the results of which shall be submitted to the board of education and the legislature not more than thirty days after receipt by the Friends of the Library of Hawaii. The Friends of the Library of Hawaii shall retain for a period of three years, any documents, papers, books, records, and other evidence that is pertinent to the fund, and permit inspection or access thereto by the board of education, the state librarian, the department of accounting and general services, state legislators, and the state auditor, or their duly authorized representatives.
(e) The purpose of this section is to create by statute a private charitable fund to financially support state library programs. The fund shall be subject to the terms and conditions provided in this section. The fund shall not be placed in the state treasury and the State shall not administer the fund nor be liable for its operation or solvency. The fund shall be a private charitable account in a federally insured financial institution with such account being held in the name of the Friends of the Library of Hawaii. [L 1993, c 328, §1; am L 2000, c 4, §2; am L 2012, c 308, §3; am L 2018, c 171, §3]
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-3.9 Selection and acquisition of library books.

§312-3.9 Selection and acquisition of library books.
(a) The board of education shall take all steps possible in any outsourcing contract in effect on July 1, 1997, including the development and implementation of necessary procedures, to ensure formal involvement by the state public service librarians in the selection of books and other library materials.
(b) Upon termination of any outsourcing contract in effect on July 1, 1997, decisions regarding the selection of books and other resources on behalf of the state library system that require the expenditure of public moneys shall be performed internally by the public service librarians of the state library system. The state librarian may contract with external sources for the purchase of books and other resources selected by the public service librarians. The state librarian shall be responsible for books or other resources acquired on behalf of the state library system. [L 1997, c 252, §2]
Revision Note
"July 1, 1997" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 18. Education › 312. Libraries › 312-4.5 Disposition of fines and related income.

§312-4.5 Disposition of fines and related income.
Unless otherwise provided by law, income from the operation of libraries that are financially supported by the State shall be deposited with the director of finance to the credit of the general fund; provided that moneys or properties donated for library use and patrons' deposits shall be deposited and accounted for in accordance with rules adopted by the comptroller.
[L 1994, c 57, §2]