HB 2398: DOE; BOE; Hawaii State Public Library System; State Librarian; Public Library System Facilities; Land Use

A BILL FOR AN ACT

RELATING TO LIBRARIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  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 control of the public library system, but not including school libraries.

     (b)  The board, through the state librarian, shall have exclusive authority over the development, use, support, and improvement and maintenance of public library system facilities pursuant to section 312-1.  If the board has a legally recognized interest in land on which it has approved development or expansion of a public library system facility, but the land is not exclusively under the jurisdiction of the public library system, then the board may authorize the state librarian to exercise exclusive control over that interest to effectuate the purpose of the development or expansion; provided that funds 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 2.  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, for land controlled by the department that the board has vested exclusive control to the state librarian pursuant to section 302A-1120, the department shall expeditiously cooperate with the state librarian and public library system to effectuate any project authorized by the board.

     [(e)]  (f)  For the 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 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 31, 2055.

Report Title:

DOE; BOE; Hawaii State Public Library System; State Librarian; Public Library System Facilities; Land Use

Description:

Clarifies that the Board of Education, through the State Librarian, has exclusive authority over the development, use, support, and improvement and maintenance of public library system facilities.  Allows the Board of Education to authorize the State Librarian to exercise exclusive control of certain land for development or expansion purposes, subject to legislative appropriation.  Requires the Department of Education to expeditiously cooperate with the State Librarian and Hawaii State Public Library System to effectuate any project authorized by the Board of Education on certain lands.  Effective 7/31/2055.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO LIBRARIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  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 control of the public library system, but not including school libraries.

     (b)  The board, through the state librarian, shall have exclusive authority over the development, use, support, and improvement and maintenance of public library system facilities pursuant to section 312-1.  If the board has a legally recognized interest in land on which it has approved development or expansion of a public library system facility, but the land is not exclusively under the jurisdiction of the public library system, then the board may authorize the state librarian to exercise exclusive control over that interest to effectuate the purpose of the development or expansion; provided that funds 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 2.  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, for land controlled by the department that the board has vested exclusive control to the state librarian pursuant to section 302A-1120, the department shall expeditiously cooperate 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 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Board of Education; Hawaii State Public Library System; Public Library System Facilities; Land Use

Description:

Clarifies that the Board of Education, through the State Librarian, has exclusive authority over the development, use, support, and improvement and maintenance of public library system facilities.  Allows the Board of Education to authorize the State Librarian to exercise exclusive control of certain land for development or expansion purposes, subject to legislative appropriation.  Requires the Department of Education to expeditiously cooperate with the State Librarian and Hawaii State Public Library System to effectuate any project authorized by the Board of Education on certain lands.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to libraries.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  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 control of the public library system, but not including school libraries.

     (b)  The board, through the state librarian, shall have exclusive authority over the development, use, support, and improvement and maintenance of public library system facilities pursuant to section 312-1.  If the land for which a board approved development or expansion of a public library system facility is controlled by the board but not exclusively under the jurisdiction of the public library system, then 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 2.  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, for land controlled by the department that the board has vested exclusive control to the state librarian pursuant to section 302A-1120, the department shall expeditiously cooperate 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 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Board of Education; Hawaii State Public Library System; Public Library System Facilities; Land Use

Description:

Clarifies that the Board of Education, through the State Librarian, has exclusive authority over the development, use, support, and improvement and maintenance of public library system facilities.  Authorizes the Board of Education to delegate to the State Librarian exclusive control of certain land for development or expansion purposes, subject to legislative appropriation.  Requires the Department of Education to expeditiously cooperate with the State Librarian and Hawaii State Public Library System to effectuate any project authorized by the Board of Education on certain lands.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  952-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2398

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred H.B. No. 2398, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LIBRARIES,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Clarify that the Board of Education, through the State Librarian, has exclusive authority over the development, use, support, and improvement and maintenance of public library system facilities; and

     (2)  Allow the Board of Education to authorize the State Librarian to exercise exclusive control of certain land for development or expansion of a public library system facility and, if authorized, require the Department of Education to expeditiously cooperate with the State Librarian and Hawaii State Public Library System to effectuate the development or expansion project.

     Your Committee received testimony in support of this measure from the Hawaiʻi State Public Library System and two individuals.  Your Committee received testimony in opposition to this measure from the Department of Education.  Your Committee received comments on this measure from the Board of Education.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2398, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Finance,

STAND. COM. REP. NO.  493-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2398

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Education, to which was referred H.B. No. 2398 entitled:

"A BILL FOR AN ACT RELATING TO LIBRARIES,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Clarify that the Board of Education, through the State Librarian, has exclusive authority over the development, use, support, and improvement and maintenance of public library system facilities;

     (2)  Authorize the Board of Education to delegate to the State Librarian exclusive control of certain land for development or expansion purposes, subject to legislative appropriation; and

     (3)  Require the Department of Education to expeditiously cooperate with the State Librarian and Hawaii State Public Library System to effectuate any project authorized by the Board of Education on certain lands.

     Your Committee received testimony in support of this measure from Hawaiʻi State Public Library System and one individual.  Your Committee received testimony in opposition to this measure from one individual.  Your Committee received comments on this measure from the Board of Education; Department of Education; and Department of the Attorney General.

     Your Committee finds that this measure will clarify that the Board of Education, through the State Library, has control over the properties where public libraries are located.  This clarification will be especially helpful in determining responsibility over the management of land in which a public library is located over and near.

     Your Committee has amended this measure by:

     (1)  Clarifying that if the Board of Education has a legally recognized interest in land on which the Board has approved development or expansion of a public library system facility, but the land is not exclusively under the jurisdiction of the public library system, then the Board may authorize the State Librarian to exercise exclusive control over that interest for development or expansion purposes;

     (2)  Changing the effective date to July 1, 3000; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2398, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2398, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Education,