47 | | - | SECTION 1. The legislature finds that the Center for Cultural and Technical Interchange Between East and West Act of 1960, Public Law 86-472, authorized the establishment in Hawaii of a center for cultural and technical interchange between East and West, and Act 82, Session Laws of Hawaii 1975 (Act 82), established an educational non-profit public corporation, the Center for Cultural and Technical Interchange Between East and West, Inc., better known and referred to as the "East-West Center", to administer and operate the center. Act 82 specifies the purposes of the East-West Center, which include, among other things, the promotion of better relations and understanding between the United States and the nations of the East through the administration and operation of the East-West Center as an educational institution operating in furtherance of the objectives of Public Law 86-472 and the promotion, among the nations of the East and West, of the use of the East-West Center by qualified persons for cooperative study, training, and research in matters of East-West significance, thus leading to better relations and understanding as to such matters. The legislature further finds that the East-West Center has become a pivotal institution in fostering understanding and cooperation between the United States and the nations of Asia and the Pacific. Hawaii's unique geographical location and multicultural heritage make it an ideal location for promoting international relations, particularly within the Asia-Pacific region. For over six decades, the East-West Center has significantly contributed to the State's role as a bridge between the East and West, enhancing the State's position in international affairs. The legislature further finds that the East-West Center's programs in research, education, and exchange have directly benefited the State's economy, culture, and diplomatic relations. While the federal government has provided significant funding to the East-West Center, this federal support has fluctuated over the years. The legislature recognizes that the center would benefit from regular, predictable state resources to support the development of programs and initiatives that align with the State's strategic goals in international relations, education, and economic development. The legislature finds that the East-West Center has served and continues to serve a public purpose of promoting better relations and understanding between the United States and the nations of the East and that granting authorization to the East-West Center to receive appropriations of state general revenues, exempt from the requirements of chapter 42F, Hawaii Revised Statutes, complies with the public purpose requirement of article VII, section 4, of the Hawaii State Constitution. Therefore, the purpose of this Act is to: (1) Designate the Center for Cultural and Technical Interchange Between East and West, Inc., as the State of Hawaii Center for Cultural and Technical Interchange Between East and West, Inc.; (2) Exempt general revenues of the State of Hawaii received by the East-West Center from the requirements of chapter 42F, Hawaii Revised Statutes; and (3) Establish criteria the East-West Center must meet in order to receive state funds. SECTION 2. Chapter 201, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§201- East-West Center. (a) The official designation of the Center for Cultural and Technical Interchange Between East and West, Inc., a Hawaii educational non-profit public corporation established in Hawaii pursuant to Act 82, Session Laws of Hawaii 1975, shall be the State of Hawaii Center for Cultural and Technical Interchange Between East and West, Inc. 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 Center for Cultural and Technical Interchange Between East and West, Inc.; provided that if the center 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. (b) To receive state funds, the State of Hawaii Center for Cultural and Technical Interchange Between East and West, Inc., 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 funds are 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 shall have no material conflict of interest and serve without compensation. (c) The comptroller and state auditor may examine the use of funds appropriated to the State of Hawaii Center for Cultural and Technical Interchange Between East and West, Inc." SECTION 3. This Act and its designation of state support shall not impinge upon the autonomy of the State of Hawaii Center for Cultural and Technical Interchange Between East and West, Inc., nor imply state control over its programs or policies, except as specifically provided for in section 2 of this Act. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 3000. |
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| 47 | + | SECTION 1. The legislature finds that the Center for Cultural and Technical Interchange Between East and West Act of 1960, P.L. 86-472, authorized the establishment in Hawaii of a center for cultural and technical interchange between East and West. Act 82, Session Laws of Hawaii 1975, established an educational non-profit public corporation, the Center for Cultural and Technical Interchange Between East and West, Inc., to administer and operate the center. The legislature further finds that the established center for cultural and technical interchange between East and West, better known and hereinafter referred to as the "East-West Center", has become a pivotal institution in fostering understanding and cooperation between the United States and the nations of Asia and the Pacific. Hawaii's unique geographical location and multicultural heritage make it an ideal location for promoting international relations, particularly within the Asia-Pacific region. For over six decades, the East-West Center has significantly contributed to Hawaii's role as a bridge between the East and West, enhancing the state's position in international affairs. The legislature further finds that the East-West Center's programs in research, education, and exchange have directly benefited Hawaii's economy, culture, and diplomatic relations. While the federal government has provided significant funding to the East-West Center, this federal support has fluctuated over the years. The legislature recognizes that the center would benefit from regular, predictable State resources to support the development of programs and initiatives that align with Hawaii's strategic goals in international relations, education, and economic development. Therefore, the purpose of this Act is to authorize from the general revenues of the State of Hawaii and exempt from the requirements of chapter 42F, Hawaii Revised Statutes, an annual appropriation in the State's executive budget to the Center for Cultural and Technical Interchange Between East and West, Inc. SECTION 2. Chapter 201, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows: "§201- East-West center. (a) The official designation of the Center for Cultural and Technical Interchange Between East and West, Inc., a Hawaii educational non-profit public corporation established in Hawaii pursuant to Act 82, Session Laws of Hawaii 1975, shall be the State of Hawaii Center for Cultural and Technical Interchange Between East and West, Inc. 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 Center for Cultural and Technical Interchange Between East and West, Inc.; provided that if the center 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. (b) To receive state funds, the State of Hawaii Center for Cultural and Technical Interchange Between East and West, Inc., 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 funds are 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 shall have no material conflict of interest and serve without compensation. (c) The comptroller and state auditor shall have the authority to examine the use of funds appropriated to the State of Hawaii Center for Cultural and Technical Interchange Between East and West, Inc." SECTION 4. This Act and its designation of State support shall not impinge upon the autonomy of the State of Hawaii Center for Cultural and Technical Interchange Between East and West, Inc., nor imply State control over its programs or policies, except as specifically provided for in section 2 of this Act. SECTION 5. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________ BY REQUEST |
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