Bill Text: HI SB3281 | 2024 | Regular Session | Amended
Bill Title: Relating To Culture And The Arts.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2024-03-15 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Kahaloa voting aye with reservations; Representative(s) Holt voting no (1) and Representative(s) Cochran, Ganaden, Gates, Martinez, Quinlan excused (5). [SB3281 Detail]
Download: Hawaii-2024-SB3281-Amended.html
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THE SENATE |
S.B. NO. |
3281 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CULTURE AND THE ARTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature believes that to ensure that the operations of the museums are in alignment with the State's vision, two ex officio, non-voting members, to be selected from certain state agencies, should be added to board of directors of each museum.
The purpose of this Act is to:
(1) Require that the State of Hawaii Museum of Natural and Cultural History and the State of Hawaii Museum of Monarchy History boards of directors each include two ex officio, non-voting members, to be selected by each board, representing state agencies and departments that are in direct partnership with each museum on projects that benefit the State of Hawaii;
(2) Require the State of Hawaii Museum of Natural and Cultural History to submit an annual report to the legislature;
(3) Establish standards and conditions that the State of Hawaii Museum of Natural and Cultural History must meet to receive state funds;
(4) Redesignate the Hawaii Museum of Natural and Cultural History as the Hawaii Museum of Natural and Indigenous History; and
(5) Appropriate funds for the renovation of Bishop Hall.
SECTION 2. Section 6E-17, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) There is established a
Hawaii archaeological data survey database designated as a program of the State
of Hawaii Museum of Natural and [Cultural] Indigenous
History. The database shall be online
and accessible to the public through the Internet. The information within the database may
include information relating to the collections of the Bernice Pauahi Bishop
Museum, publicly available materials, and materials from private entities or
organizations. The database may include
archaeological information such as reports,
photographs, drawings, maps, and archived documents. The database may also include compilations of collections
information from public and private repositories including:
(1) A description of the types and amounts of
materials and associated documentation in each collection;
(2) A listing of the owner or owners of all
materials and associated documentation in each collection;
(3) A general assessment of the condition of the
components of each collection; and
(4) Other relevant information pertaining to each
collection.
The data survey database shall be
developed and maintained by the State of Hawaii Museum of Natural and [Cultural]
Indigenous History, in consultation with the state historic preservation
division and other appropriate state and federal agencies and private
organizations."
2. By amending subsection (c) to read:
"(c) The State of Hawaii Museum of Natural and [Cultural]
Indigenous History, in consultation with the office of Hawaiian affairs
and the state historic preservation division, may temporarily or permanently
withhold from the database any information due to a valid threat of destruction
or loss of the information, or if disclosure may frustrate the legitimate and
necessary function of protecting a valuable archaeological site or
artifact. The entities shall determine
what information shall be withheld from the data survey; provided that prior
consultation is sought with any affected state or federal governmental
agencies, or private individuals or organizations."
SECTION 3. Section 6E-35, Hawaii Revised Statutes, is amended to read as follows:
"§6E-35 Iolani Palace. (a)
The official designation of the palace of the former monarchs of Hawaii
shall be Iolani Palace.
(b) The official designation of the Friends of
Iolani Palace shall be the State of Hawaii Museum of Monarchy History[.];
provided that effective July 1, 2024, in order for the designation to remain in
effect, the board of directors shall include two ex officio, non-voting
members, to be selected by the board representing state agencies and
departments that are in direct partnership with the State of Hawaii Museum of
Monarchy History on projects that benefit the State of Hawaii.
(c) The qualifying standards and conditions
related to the receipt of funds under chapter 42F shall not apply to funds
received by the State of Hawaii Museum of Monarchy History; provided that if
the museum contracts with a recipient or provider, then the qualifying
standards, conditions, and other provisions of chapter 42F shall apply to the
recipient or provider and the contract.
[(c)]
(d) To receive state funds, the
State of Hawaii Museum of Monarchy History shall:
(1) Be licensed or accredited, in accordance with
federal, state, or county statutes, rules, or ordinances, to conduct the
activities or provide the services for which funds are appropriated;
(2) Comply with all applicable federal and state
laws prohibiting discrimination against any person on the basis of race, color,
national origin, religion, creed, sex, age, sexual orientation, or disability;
(3) Agree not to use the funds for entertainment
or lobbying activities;
(4) Be incorporated under the laws of the State;
(5) Have bylaws or policies that describe the
manner in which the activities or services for which a grant is awarded shall
be conducted or provided;
(6) Have been determined and designated to be a
tax-exempt organization by the Internal Revenue Service; and
(7) Have a governing board whose [members] membership
shall include two ex officio, non-voting members, and other members who
shall have no material conflict of interest and serve without compensation.
[(d)]
(e) The comptroller and state
auditor shall have the authority to examine the use of funds appropriated to
the State of Hawaii Museum of Monarchy History.
[(e)]
(f) The State of Hawaii Museum of
Monarchy History shall provide to the legislature an annual report no later
than twenty days prior to the convening of each regular session, which shall
include an explanation of the facility maintenance and other functions
accomplished by state fund expenditures in the previous fiscal year."
SECTION 4. Section 6E-40, Hawaii Revised Statutes, is amended to read as follows:
"§6E-40 Bernice Pauahi Bishop Museum. (a)
The official designation of the Bernice Pauahi Bishop Museum shall be
the State of Hawaii Museum of Natural and [Cultural] Indigenous
History[.]; provided that effective July 1, 2024, in order for the
designation to remain in effect, the board of directors shall include two ex
officio, non-voting members, to be selected by the board representing state
agencies and departments that are in direct partnership with the State of
Hawaii Museum of Natural and Indigenous History on projects that benefit the
State of Hawaii.
(b) The qualifying standards and conditions
related to the receipt of funds contained in chapter 42F shall not apply to
funds received by the State of Hawaii Museum of Natural and [Cultural] Indigenous
History; provided that if the museum in turn contracts with a recipient or
provider, then the qualifying standards, conditions, and other provisions of
chapter 42F shall apply to the recipient or provider and the contract.
(c) The State of Hawaii Museum of Natural and Indigenous
History shall provide to the legislature an annual report no later than twenty
days prior to the convening of each regular session, which shall include an
explanation of the facility maintenance and other functions accomplished by
state fund expenditures in the previous fiscal year.
(d) To receive state funds, the State of Hawaii
Museum of Natural and Indigenous History shall:
(1) Be licensed or accredited, in accordance
with federal, state, or county statutes, rules, or ordinances, to conduct the
activities or provide the services for which funds are appropriated;
(2) Comply with all applicable federal and
state laws prohibiting discrimination against any person on the basis of race,
color, national origin, religion, creed, sex, age, sexual orientation, or
disability;
(3) Agree not to use the funds for
entertainment or lobbying activities;
(4) Be incorporated under the laws of the
State;
(5) Have bylaws or policies that describe the
manner in which the activities or services for which a grant is awarded shall
be conducted or provided;
(6) Have been determined and designated to be a
tax-exempt organization by the Internal Revenue Service; and
(7) Have a governing board whose membership
shall include two ex officio, non-voting members, and other members who shall
have no material conflict of interest and serve without compensation.
(e) The comptroller and state auditor shall have
the authority to examine the use of funds appropriated to the State of Hawaii Museum
of Natural and Indigenous History."
SECTION 5. Section 6E-61, Hawaii Revised Statutes, is amended to read as follows:
"[[]§6E-61[]]
Biological survey; designation.
A Hawaii biological survey is established and designated as a program of
the State of Hawaii [museum of natural and cultural history.] Museum
of Natural and Indigenous History.
The survey shall consist of an ongoing natural history inventory of the
Hawaiian archipelago to locate, identify, evaluate, and maintain the reference
collections of all native and non-native species of flora and fauna within the
State for a wide range of uses. The
survey shall coordinate with and complement the work of the Hawaii heritage
program, established by chapter 195, which manages data on rare native plants,
animals, and natural communities throughout the State. To expand the use, control, and knowledge of
biological species, the survey shall also be conducted in coordination with the
existing databases of the department of agriculture, the department of land and
natural resources, the [University] university of Hawaii, and
other appropriate organizations."
SECTION 6. In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in Act 164, Regular Session of 2023, and this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ or per cent. This current declaration takes into account general fund appropriations authorized for fiscal year 2024-2025 in Act 164, Regular Session of 2023, and this Act only. The reasons for exceeding the general fund expenditure ceiling are that:
(1) The appropriation made in this Act is necessary to serve the public interest; and
(2) The appropriation made in this Act meets the needs addressed by this Act.
SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the renovation of Bishop Hall.
The sum appropriated shall be expended by the state foundation on culture and the arts for the purposes of this Act.
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect on July 1, 2050.
Report Title:
State of Hawaii Museum of Natural and Indigenous History; State of Hawaii Museum of Monarchy History; Report; Standards and Conditions for Receipt of Funds; Appropriation; General Fund Expenditure Ceiling Exceeded
Description:
Requires that the State of Hawaii Museum of Natural and Indigenous History and the State of Hawaii Museum of Monarchy History boards of directors each include 2 ex officio, non‑voting members, to be selected from partnering state agencies and departments. Requires the State of Hawaii Museum of Natural and Indigenous History to submit an annual report to the Legislature. Establishes standards and conditions that the State of Hawaii Museum of Natural and Indigenous History must meet to receive state funds. Makes an appropriation. Declares that the appropriation exceeds the state general fund expenditure ceiling for 2024-2025. Effective 7/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
