| 47 | | - | PART I SECTION 1. Section 8-5, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) There shall be a commission to be known as the King Kamehameha celebration commission placed within the department of [accounting and general services] business, economic development, and tourism for administrative purposes. The commission shall consist of fifteen members to be appointed by the governor in the manner provided by section 26-34. The appointments shall be made from the following organizations, with one member from each organization: (1) Royal Order of Kamehameha I; (2) ʻAhahui Kaʻahumanu; (3) Hale O Nā Aliʻi O Hawaiʻi ʻAhahui Poʻo; (4) Daughters and Sons of Hawaiian Warriors Māmakakaua; (5) Kamehameha Schools Alumni Association; (6) Association of Hawaiian Civic Clubs; (7) Waimānalo Hawaiian Homes Association; (8) Daughters of Hawaii; (9) Kapahulu Music Club; and (10) Papakōlea Community Association. Each organization shall maintain a certificate of good standing issued by the department of commerce and consumer affairs and an active membership list. Each organization may recommend for appointment to the commission persons capable of providing administrative guidance to the commission with regard to knowledge of Hawaiian culture, history and protocols, legal issues, business, accounting, marketing, philanthropy, or public relations. In addition, the governor shall appoint one member to the commission from each of the following islands: Kauaʻi, Lānaʻi, Maui, Molokaʻi, and Hawaiʻi. Each of these members shall be a resident of the respective island that the member represents. The governor shall appoint persons capable of providing administrative guidance with regard to legal issues, business, accounting, marketing, philanthropy, or public relations." 2. By amending subsections (c) and (d) to read: "(c) The members of the King Kamehameha celebration commission shall serve without compensation, but shall be entitled to reimbursement for travel and necessary expenses while attending meetings and while in discharge of their duties. The [comptroller] director of business, economic development, and tourism shall reimburse the members of the King Kamehameha celebration commission for all necessary expenses incurred during the discharge of their duties. (d) The commission may appoint and dismiss an arts program specialist and a part-time clerk typist, without regard to chapter 76, who shall serve at the commission's pleasure, and whose salaries shall be provided through fees, public contributions, and private donations. The commission, by majority vote, shall appoint an executive director who shall be familiar with the people and culture of Hawaiʻi, and shall serve without regard to chapter 76 for a term to be determined by the commission. Except for matters undertaken by the [comptroller] director of business, economic development, and tourism pursuant to subsection (f), the executive director shall be responsible for all fiscal and administrative matters, including securing public contributions and private foundation grants or donations. The executive director shall also be responsible for developing and administering programs as the commission may direct. The executive director may be removed for cause at any time by a two-thirds vote of all commission members." 3. By amending subsection (f) to read: "(f) The [comptroller] director of business, economic development, and tourism shall account for all moneys appropriated by the legislature, may raise funds to defray administrative costs, and may accept donations of money and personal property on behalf of the commission; provided that all donations accepted from private sources shall be expended in the manner prescribed by the contributor, and all moneys received from all sources shall be deposited into the commission's trust account." SECTION 2. Section 9-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There is hereby created a state foundation on culture and the arts, which shall be placed within the department of [accounting and general services] business, economic development, and tourism for administrative purposes." SECTION 3. Section 9-3, Hawaii Revised Statutes, is amended to read as follows: "§9-3 Duties. The foundation shall: (1) Assist in coordinating the plans, programs, and activities of individuals, associations, corporations, and agencies concerned with the preservation and furtherance of culture and the arts and history and the humanities; (2) Establish written standards and criteria by which grant contracts shall be evaluated; (3) Appraise the availability, adequacy, and accessibility of culture and the arts and history and the humanities to all persons throughout the State and devise programs whereby culture and the arts and history and the humanities can be brought to those who would otherwise not have the opportunity to participate; (4) Stimulate, guide, and promote culture and the arts and history and the humanities throughout the State; (5) Devise and recommend legislative and administrative action for the preservation and furtherance of culture and the arts and history and the humanities; (6) Study the availability of private and governmental grants for the promotion and furtherance of culture and the arts and history and the humanities; (7) Through its executive director: (A) Administer funds allocated by grant, gift, or bequest to the foundation; accept, hold, disburse, and allocate funds that may become available from other governmental and private sources; provided that all those funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and in the absence of any designation, the funds shall be disbursed or allocated for the promotion and furtherance of culture and the arts and history and the humanities; and (B) Accept, hold, disburse, and allocate public funds that are made available to the foundation by the legislature for disbursement or allocation, pursuant to the standards and procedures established in part II, for the promotion and furtherance of culture and the arts and history and the humanities; (8) Submit an annual report with recommendations to the governor and legislature, prior to February 1, of each year. Annual reports shall include the total number and amount of gifts and other grants and income received, payroll disbursements, contracts entered into, and progress and accomplishments made during the year, including the efforts of the Hawaii arts education partners and its progress in implementing the Hawaii arts education strategic plan and the accomplishments of the art in public places and relocatable works of art programs and the state art museum; (9) Convene the Hawaii arts education partners, which is composed of the department of education, the colleges of education and arts and humanities of the [University] university of Hawaii at Manoa, the Hawaii Association of Independent Schools, and the Hawaii Alliance for Art Education, to fully implement the terms of the Hawaii arts education strategic plan; (10) Display student art works in public buildings, sponsor student art displays, promote arts education, and in other ways encourage the development of creative talent among the young people of Hawaii; (11) In cooperation with qualified organizations, conduct research, studies, and investigations in the fields of ethnohistory and the humanities: (A) Make, publish, and distribute works documenting the contributions of individual ethnic groups in their relationship to one another and to the whole population of Hawaii; (B) Place ethnohistorical and cultural materials developed by the foundation or received by the foundation as gifts and donations in public archives, libraries, and other suitable institutions accessible to the public; and (C) Maintain a register of the location of such materials; (12) Cooperate with and assist the department of land and natural resources and other state agencies in developing and implementing programs relating to historic preservation, research, restoration, and presentation, as well as museum activities; (13) Establish an individual artist fellowship program to encourage artists to remain and work in Hawaii and to reaffirm the importance of Hawaii's artists and their cultural and economic contributions to the State by: (A) Recognizing and honoring Hawaii's exceptionally talented visual and performing artists for their outstanding work in and commitment to the arts; and (B) Enabling these artists to further their artistic goals; (14) In consultation with the [comptroller] director of business, economic development, and tourism and affected agencies and departments, administer the art in public places and relocatable works of art programs established pursuant to section 103-8.5; and (15) Administer the operations of the state art museum established pursuant to section 9-22." SECTION 4. Section 9-5, Hawaii Revised Statutes, is amended to read as follows: "[[]§9-5[]] Rules. The foundation shall adopt rules in consultation with the [comptroller] director of business, economic development, and tourism for the purposes of administering this chapter. [Such] The rules shall be adopted in accordance with chapter 91." SECTION 5. Section 26-6, Hawaii Revised Statutes, is amended to read as follows: "§26-6 Department of accounting and general services. (a) The department of accounting and general services shall be headed by a single executive to be known as the comptroller. (b) The department shall: (1) Preaudit and conduct after-the-fact audits of the financial accounts of all state departments to determine the legality of expenditures and the accuracy of accounts; (2) Report to the governor and to each regular session of the legislature as to the finances of each department of the State; (3) Administer the state risk management program; (4) Establish and manage motor pools; (5) Manage the preservation and disposal of all records of the State; (6) Undertake the program of centralized engineering and office leasing services, including operation and maintenance and lease buyback processing pursuant to subsection (d) of public buildings, for departments of the State; (7) Undertake the functions of the state surveyor; (8) Establish accounting and internal control systems; (9) Have the discretion to employ persons within the comptroller's office who shall be exempt from chapters 76 and 89 in support of communications, change management, and business process improvement programs as part of the State's information technology modernization efforts; provided that the persons shall be members of the state employees' retirement system and shall be eligible to receive the benefits of any state employee benefit program generally applicable to officers and employees of the State; (10) Provide centralized computer information management and processing services through the chief information officer; (11) Establish a program to provide a means for public access to public information and develop an information network for state government; (12) Assume administrative responsibility for the office of information practices; and (13) Approve state fleet acquisitions; provided that: (A) Beginning January 1, 2022, all new light-duty motor vehicles that are passenger cars purchased for the State's fleet shall be zero-emission vehicles; (B) Beginning as soon as practicable but no later than January 1, 2030, all new light-duty motor vehicles that are multipurpose passenger vehicles and trucks for the State's fleet shall be zero‑emission vehicles; and (C) The comptroller may authorize an exemption for new fleet vehicle purchases if zero-emission vehicles are demonstrated to be cost-prohibitive on a lifecycle basis or unsuitable for the vehicles' planned purpose, or if funds are unavailable. For the purposes of this subsection: "Light-duty motor vehicle" has the same meaning as defined in title 10 Code of Federal Regulations part 490. "Multipurpose passenger vehicle" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3. "Passenger car" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3. "Truck" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3. "Zero-emission vehicle" has the same meaning as specified in title 40 Code of Federal Regulations section 88.1. (c) The state communication system shall be established to: (1) Facilitate implementation of the State's distributed information processing and information resource management plans; (2) Improve data, voice, and video communications in state government; (3) Provide a means for connectivity among the state, university, and county computer systems; and (4) Provide a long-term means for public access to public information. (d) The department shall establish, coordinate, and manage a program to facilitate facility agreements between the State and private investors for the sale of facilities, excluding facilities managed or controlled by the department of transportation, to private investors; provided that each facility agreement contains the following requirements: (1) The State shall sell the facility to the private investor, who shall: (A) Renovate, improve, or construct a facility for the State and may maintain the facility; and (B) Lease the facility to the State, pursuant to a building lease; (2) The land upon which the facility rests shall not be sold to the private investor; provided that the land may be leased at a nominal rate to the private investor for a term that would, at a minimum, allow the private investor to recover the capital investment that has been made to the facility, including depreciation; and (3) The State shall have the option of purchasing the facility from the private investor for the remaining balance of the debt service costs incurred by the private investor at any time. For purposes of this subsection: "Building lease" means a contract between the department of accounting and general services and a private investor in which the private investor leases an improved facility to the department for a specified period of time. "Facility" means a building under the management and control of any state department. "Facility agreement" means an agreement between the State and a private investor that, at a minimum, includes a description of the work to be done, the sale price for the facility, the duration of the agreement, the roles and responsibilities of the State and the private investor, and the terms and conditions for the lease. "Private investor" means a nongovernmental entity. (e) The department may adopt rules as may be necessary or desirable for the operation and maintenance of public buildings; for the operation and implementation of a program to provide a means for public access to the State's information network system and public information; and for the implementation of facility agreements pursuant to subsection (d). The rules shall be adopted pursuant to chapter 91. [(f) The King Kamehameha celebration commission shall be placed within the department of accounting and general services for administrative purposes. The functions, duties, and powers, subject to the administrative control of the comptroller, and the composition of the commission shall be as heretofore provided by law. (g)] (f) The functions and authority [heretofore] exercised by the comptroller, board of commissioners of public archives, the archivist, the disposal committee, and the insurance management, surplus property management, and central purchasing functions of the bureau of the budget and the nonhighway functions of the department of public works as [heretofore] constituted are transferred to the department of accounting and general services established by this chapter. [(h)] (g) The department of accounting and general services shall preserve and protect Washington Place, including the grounds and the historic residence situated on its premises at Miller and Beretania Streets in Honolulu. The department shall administer, manage, operate, and maintain Washington Place and the trust fund created under subsection [(i).] (h). [(i)] (h) There is established a trust fund in the state treasury to be known as the Washington Place trust fund, into which shall be deposited: (1) All rents and fees collected for the use of Washington Place and from activities conducted on the premises; (2) All other [money] moneys received for the fund from any other source; and (3) All income and interest earned or accrued on moneys deposited into the trust fund. All moneys deposited into the trust fund shall be expended by the department of accounting and general services and used exclusively to implement the provisions of subsection [(h),] (g), including for staff salaries and fringe benefits, and shall not be transferred, nor subject to transfer, to the general fund or any other fund in the state treasury." SECTION 6. Section 40-88, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: "(d) The aggregate principal sum in the fund shall be invested in accordance with the provisions of the Honolulu symphony trust in a manner intended to maximize the rate of return on investment of the fund consistent with the objective of preserving the principal amounts contributed to the fund. In the event of the termination of the Honolulu symphony trust, the principal amount of all contributions made by the State to the State of Hawaii endowment fund shall be distributed to the general fund of the State and any other amounts remaining in the State of Hawaii endowment fund shall be distributed in accordance with the provisions of the Honolulu symphony trust. An annual audit by an independent auditor covering the State of Hawaii endowment fund shall be submitted to the [department of accounting and general services] department of business, economic development, and tourism by the Honolulu symphony." SECTION 7. Section 103-8.5, Hawaii Revised Statutes, is amended by amending subsections (d) through (f) to read as follows: "(d) The [comptroller] director of business, economic development, and tourism and the state foundation on culture and the arts shall decide on the specific art objects to acquire, giving first consideration to placing appropriate pieces of art at the locations of the original appropriation. The selection of, commissioning artists for, reviewing of design, execution, and placement of, and the acceptance of works of art shall be the responsibility of the [comptroller] director of business, economic development, and tourism and the state foundation on culture and the arts in consultation with the affected agency or department. Expenditures from the works of art special fund shall be made by the [comptroller.] director of business, economic development, and tourism. (e) The [comptroller] director of business, economic development, and tourism shall: (1) Provide each agency receiving capital improvement appropriations with information regarding items that shall be included and excluded from the one per cent amount; (2) Ensure that each agency calculates its one per cent amount correctly; and (3) Ensure that each agency transfers the correct amount to the works of art special fund in a timely manner. (f) The [comptroller] director of business, economic development, and tourism and the executive director of the state foundation on culture and the arts shall track amounts due from each agency under the one per cent requirement as provided in this section." SECTION 8. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of accounting and general services relating to the functions transferred to the department of business, economic development, and tourism shall be transferred with the functions to which they relate. SECTION 9. All rights, powers, functions, and duties of the department of accounting and general services are transferred to the department of business, economic development, and tourism. All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act. No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws. An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed. If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor. SECTION 10. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of accounting and general services to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of business, economic development, and tourism by this Act shall remain in full force and effect until amended or repealed by the department of business, economic development, and tourism pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of accounting or general services or comptroller in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of business, economic development, and tourism or director of business, economic development, and tourism, as appropriate. SECTION 11. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of accounting and general services, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of business, economic development, and tourism by this Act shall remain in full force and effect. Upon the effective date of this Act, every reference to the department of accounting and general services or the comptroller therein shall be construed as a reference to the department of business, economic development, and tourism or the director of business, economic development, and tourism, as appropriate. PART II SECTION 12. Section 103-8.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The works of art special fund shall be used solely for [the following purposes: (1) Costs] costs related to the acquisition of works of art[, including any consultant or staff services required to carry out the art in public places and relocatable works of art programs; (2) Site modifications, display, and interpretive work necessary for the exhibition of works of art; (3) Upkeep services, including maintenance, repair, and restoration of works of art; (4) Storing and transporting works of art.] and the planning, design, and construction of works of art and related appurtenances." SECTION 13. The following sums or so much thereof as may be necessary for fiscal year 2025-2026 and fiscal year 2026-2027 are appropriated or authorized, as the case may be, from moneys in the treasury received from general revenues and federal funds to be expended by the state foundation on culture and the arts to finance the positions and other cost items listed below. The letter symbols used after the specific appropriations indicate the source of financing and have the following meaning: (A) general revenues, (N) federal funds. Prog ID/Org Position Title/Program Description Position # MOF FTE (P) FY 26 FY 27 AGS 881 LA Secretary II 16047 A 1.00 47,004 47,004 AGS 881 LA Administrative Services Assistant 21199 A 0.75 47,322 47,322 AGS 881 LA Administrative Services Assistant 21199 N 0.25 15,774 15,774 AGS 881 LA Office Assistant III 21352 A 0.75 28,404 28,404 AGS 881 LA Office Assistant III 21352 N 0.25 7,560 7,560 AGS 881 LA Arts Program Specialist III 26529 A 1.00 71,016 71,016 AGS 881 LA Arts Program Specialist IV 27869 A 1.00 71,016 71,016 AGS 881 LA Accountant IV 31184 A 0.75 67,365 67,365 AGS 881 LA Accountant IV 31184 N 0.25 22,455 22,455 AGS 881 LA Arts Program Specialist II 32873 N 1.00 56,064 56,064 AGS 881 LA Arts Program Specialist III 39045 N 1.00 58,296 58,296 AGS 881 LA Arts Program Specialist II 36841 A 1.00 73,836 73,836 AGS 881 LA Information Specialist III 45697 A 0.75 47,322 47,322 AGS 881 LA Information Specialist III 45697 N 0.25 15,774 15,774 AGS 881 LA Account Clerk III 45700 A 0.75 31,356 31,356 AGS 881 LA Account Clerk III 45700 N 0.25 10,452 10,452 AGS 881 LA Arts Program Specialist III 47047 N 1.00 60,660 60,660 AGS 881 LA Arts Program Specialist III 48120 A 1.00 63,096 63,096 AGS 881 LA Arts Program Specialist II 52285 A 1.00 56,064 56,064 AGS 881 LA Arts Program Specialist II 52286 A 1.00 56,064 56,064 AGS 881 LA Arts Program Specialist II 52287 A 1.00 58,203 58,203 AGS 881 LA Arts Program Specialist III 52288 A 1.00 63,096 63,096 AGS 881 LA Arts Program Specialist III 52290 A 1.00 65,664 65,664 AGS 881 LA Executive Director, SFCA 100256 A 0.75 110,781 110,781 AGS 881 LA Executive Director, SFCA 100256 N 0.25 36,927 36,927 AGS 881 LA Arts Program Specialist II 112785 A 1.00 59,748 59,748 AGS 881 LA Arts Program Specialist II 112788 A 1.00 63,096 63,096 AGS 881 LA Arts Program Specialist III 122671 A 1.00 60,660 60,660 AGS 881 LA Hawaii State Art Museum A 1,857,580 1,857,580 AGS 881 LA Interpretive Work A 425,000 425,000 AGS 881 LA Operating A 201,923 201,923 AGS 881 LA Consultant Services A 35,000 35,000 AGS 881 LA Registration A 34,000 34,000 AGS 881 LA Upkeep Services A 29,530 29,530 AGS 881 LA Display A 285,580 285,580 AGS 881 LA Transportation A 19,085 19,085 Total A 17.50 4,028,811 4,028,811 N 4.50 283,962 283,962 PART III SECTION 14. Chapter 9, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§9- Performing arts grants program. (a) There is established a performing arts grants program, to be placed in the foundation for administrative purposes, to provide grants for the coordination, planning, promotion, marketing, and execution of performing arts events. (b) The foundation shall administer the performing arts grants program in accordance with this part. (c) The foundation shall submit an annual report of all performing arts grants awarded and the outcomes of each performing arts event that received a grant to the legislature no later than twenty days prior to the convening of the regular session of 2026 and every regular session thereafter." SECTION 15. Section 9-1, Hawaii Revised Statutes, is amended as follows: 1. By adding a new definition to be appropriately inserted and to read: ""Performing arts" includes arts or skills that are intended to be performed before an audience, including dance, singing, musical performances, and theatre." 2. By amending the definition of "arts" to read: ""Arts" includes music, dance, painting, drawing, sculpture, architecture, drama, poetry, prose, crafts, industrial design, interior design, fashion design, photography, television, motion picture art, unique or decorative plants, landscaping, and all other performing arts and creative activity of imagination and beauty." SECTION 16. Section 9-21, Hawaii Revised Statutes, is amended to read as follows: "[[]§9-21[]] Purpose. The foundation shall administer the art in public places and relocatable works of art programs, pursuant to section 103-8.5, and the state art museum to achieve the following purposes: (1) Replace in public state buildings the natural beauty displaced in construction with works of art expressive of the State's cultural, creative, and traditional arts of its various ethnic groups; (2) Support, promote, and recognize excellence of the State's diverse cultural, creative, and traditional artists; and (3) Create, display, and maintain in public places and the state art museum a collection of works of art, and coordinate, plan, promote, market, and execute performing arts events, that: (A) [Represents] Represent the diversity and excellence of the State's artistic expression; and (B) [Provides] Provide to all the citizens of the State the fullest possible access to the highest quality aesthetic and educational experiences available." PART IV SECTION 17. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 18. This Act shall take effect on July 1, 2050. |
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| 47 | + | SECTION 1. Section 8-5, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) There shall be a commission to be known as the King Kamehameha celebration commission placed within the department of [accounting and general services] business, economic development, and tourism for administrative purposes. The commission shall consist of fifteen members to be appointed by the governor in the manner provided by section 26-34. The appointments shall be made from the following organizations, with one member from each organization: (1) Royal Order of Kamehameha I; (2) ʻAhahui Kaʻahumanu; (3) Hale O Nā Aliʻi O Hawaiʻi ʻAhahui Poʻo; (4) Daughters and Sons of Hawaiian Warriors Māmakakaua; (5) Kamehameha Schools Alumni Association; (6) Association of Hawaiian Civic Clubs; (7) Waimānalo Hawaiian Homes Association; (8) Daughters of Hawaii; (9) Kapahulu Music Club; and (10) Papakōlea Community Association. Each organization shall maintain a certificate of good standing issued by the department of commerce and consumer affairs and an active membership list. Each organization may recommend for appointment to the commission persons capable of providing administrative guidance to the commission with regard to knowledge of Hawaiian culture, history and protocols, legal issues, business, accounting, marketing, philanthropy, or public relations. In addition, the governor shall appoint one member to the commission from each of the following islands: Kauaʻi, Lānaʻi, Maui, Molokaʻi, and Hawaiʻi. Each of these members shall be a resident of the respective island that the member represents. The governor shall appoint persons capable of providing administrative guidance with regard to legal issues, business, accounting, marketing, philanthropy, or public relations." 2. By amending subsections (c) and (d) to read: "(c) The members of the King Kamehameha celebration commission shall serve without compensation, but shall be entitled to reimbursement for travel and necessary expenses while attending meetings and while in discharge of their duties. The [comptroller] director of business, economic development, and tourism shall reimburse the members of the King Kamehameha celebration commission for all necessary expenses incurred during the discharge of their duties. (d) The commission may appoint and dismiss an arts program specialist and a part-time clerk typist, without regard to chapter 76, who shall serve at the commission's pleasure, and whose salaries shall be provided through fees, public contributions, and private donations. The commission, by majority vote, shall appoint an executive director who shall be familiar with the people and culture of Hawaiʻi, and shall serve without regard to chapter 76 for a term to be determined by the commission. Except for matters undertaken by the [comptroller] director of business, economic development, and tourism pursuant to subsection (f), the executive director shall be responsible for all fiscal and administrative matters, including securing public contributions and private foundation grants or donations. The executive director shall also be responsible for developing and administering programs as the commission may direct. The executive director may be removed for cause at any time by a two-thirds vote of all commission members." 3. By amending subsection (f) to read: "(f) The [comptroller] director of business, economic development, and tourism shall account for all moneys appropriated by the legislature, may raise funds to defray administrative costs, and may accept donations of money and personal property on behalf of the commission; provided that all donations accepted from private sources shall be expended in the manner prescribed by the contributor, and all moneys received from all sources shall be deposited into the commission's trust account." SECTION 2. Section 9-2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) There is hereby created a state foundation on culture and the arts, which shall be placed within the department of [accounting and general services] business, economic development, and tourism for administrative purposes." SECTION 3. Section 9-3, Hawaii Revised Statutes, is amended to read as follows: "§9-3 Duties. The foundation shall: (1) Assist in coordinating the plans, programs, and activities of individuals, associations, corporations, and agencies concerned with the preservation and furtherance of culture and the arts and history and the humanities; (2) Establish written standards and criteria by which grant contracts shall be evaluated; (3) Appraise the availability, adequacy, and accessibility of culture and the arts and history and the humanities to all persons throughout the State and devise programs whereby culture and the arts and history and the humanities can be brought to those who would otherwise not have the opportunity to participate; (4) Stimulate, guide, and promote culture and the arts and history and the humanities throughout the State; (5) Devise and recommend legislative and administrative action for the preservation and furtherance of culture and the arts and history and the humanities; (6) Study the availability of private and governmental grants for the promotion and furtherance of culture and the arts and history and the humanities; (7) Through its executive director: (A) Administer funds allocated by grant, gift, or bequest to the foundation; accept, hold, disburse, and allocate funds that may become available from other governmental and private sources; provided that all those funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and in the absence of any designation, the funds shall be disbursed or allocated for the promotion and furtherance of culture and the arts and history and the humanities; and (B) Accept, hold, disburse, and allocate public funds that are made available to the foundation by the legislature for disbursement or allocation, pursuant to the standards and procedures established in part II, for the promotion and furtherance of culture and the arts and history and the humanities; (8) Submit an annual report with recommendations to the governor and legislature, prior to February 1, of each year. Annual reports shall include the total number and amount of gifts and other grants and income received, payroll disbursements, contracts entered into, and progress and accomplishments made during the year, including the efforts of the Hawaii arts education partners and its progress in implementing the Hawaii arts education strategic plan and the accomplishments of the art in public places and relocatable works of art programs and the state art museum; (9) Convene the Hawaii arts education partners, which is composed of the department of education, the colleges of education and arts and humanities of the University of Hawaii at Manoa, the Hawaii Association of Independent Schools, and the Hawaii Alliance for Art Education, to fully implement the terms of the Hawaii arts education strategic plan; (10) Display student art works in public buildings, sponsor student art displays, promote arts education, and in other ways encourage the development of creative talent among the young people of Hawaii; (11) In cooperation with qualified organizations, conduct research, studies, and investigations in the fields of ethnohistory and the humanities: (A) Make, publish, and distribute works documenting the contributions of individual ethnic groups in their relationship to one another and to the whole population of Hawaii; (B) Place ethnohistorical and cultural materials developed by the foundation or received by the foundation as gifts and donations in public archives, libraries, and other suitable institutions accessible to the public; and (C) Maintain a register of the location of such materials; (12) Cooperate with and assist the department of land and natural resources and other state agencies in developing and implementing programs relating to historic preservation, research, restoration, and presentation, as well as museum activities; (13) Establish an individual artist fellowship program to encourage artists to remain and work in Hawaii and to reaffirm the importance of Hawaii's artists and their cultural and economic contributions to the State by: (A) Recognizing and honoring Hawaii's exceptionally talented visual and performing artists for their outstanding work in and commitment to the arts; and (B) Enabling these artists to further their artistic goals; (14) In consultation with the [comptroller] director of business, economic development, and tourism and affected agencies and departments, administer the art in public places and relocatable works of art programs established pursuant to section 103-8.5; and (15) Administer the operations of the state art museum established pursuant to section 9-22." SECTION 4. Section 9-5, Hawaii Revised Statutes, is amended to read as follows: "[[]§9-5[]] Rules. The foundation shall adopt rules in consultation with the [comptroller] director of business, economic development, and tourism for the purposes of administering this chapter. [Such] The rules shall be adopted in accordance with chapter 91." SECTION 5. Section 26-6, Hawaii Revised Statutes, is amended to read as follows: "§26-6 Department of accounting and general services. (a) The department of accounting and general services shall be headed by a single executive to be known as the comptroller. (b) The department shall: (1) Preaudit and conduct after-the-fact audits of the financial accounts of all state departments to determine the legality of expenditures and the accuracy of accounts; (2) Report to the governor and to each regular session of the legislature as to the finances of each department of the State; (3) Administer the state risk management program; (4) Establish and manage motor pools; (5) Manage the preservation and disposal of all records of the State; (6) Undertake the program of centralized engineering and office leasing services, including operation and maintenance and lease buyback processing pursuant to subsection (d) of public buildings, for departments of the State; (7) Undertake the functions of the state surveyor; (8) Establish accounting and internal control systems; (9) Have the discretion to employ persons within the comptroller's office who shall be exempt from chapters 76 and 89 in support of communications, change management, and business process improvement programs as part of the State's information technology modernization efforts; provided that the persons shall be members of the state employees' retirement system and shall be eligible to receive the benefits of any state employee benefit program generally applicable to officers and employees of the State; (10) Provide centralized computer information management and processing services through the chief information officer; (11) Establish a program to provide a means for public access to public information and develop an information network for state government; (12) Assume administrative responsibility for the office of information practices; and (13) Approve state fleet acquisitions; provided that: (A) Beginning January 1, 2022, all new light-duty motor vehicles that are passenger cars purchased for the State's fleet shall be zero-emission vehicles; (B) Beginning as soon as practicable but no later than January 1, 2030, all new light-duty motor vehicles that are multipurpose passenger vehicles and trucks for the State's fleet shall be zero-emission vehicles; and (C) The comptroller may authorize an exemption for new fleet vehicle purchases if zero-emission vehicles are demonstrated to be cost-prohibitive on a lifecycle basis or unsuitable for the vehicles' planned purpose, or if funds are unavailable. For the purposes of this subsection: "Light-duty motor vehicle" has the same meaning as defined in title 10 Code of Federal Regulations part 490. "Multipurpose passenger vehicle" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3. "Passenger car" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3. "Truck" has the same meaning as defined in title 49 Code of Federal Regulations section 571.3. "Zero-emission vehicle" has the same meaning as specified in title 40 Code of Federal Regulations section 88.1. (c) The state communication system shall be established to: (1) Facilitate implementation of the State's distributed information processing and information resource management plans; (2) Improve data, voice, and video communications in state government; (3) Provide a means for connectivity among the state, university, and county computer systems; and (4) Provide a long-term means for public access to public information. (d) The department shall establish, coordinate, and manage a program to facilitate facility agreements between the State and private investors for the sale of facilities, excluding facilities managed or controlled by the department of transportation, to private investors; provided that each facility agreement contains the following requirements: (1) The State shall sell the facility to the private investor, who shall: (A) Renovate, improve, or construct a facility for the State and may maintain the facility; and (B) Lease the facility to the State, pursuant to a building lease; (2) The land upon which the facility rests shall not be sold to the private investor; provided that the land may be leased at a nominal rate to the private investor for a term that would, at a minimum, allow the private investor to recover the capital investment that has been made to the facility, including depreciation; and (3) The State shall have the option of purchasing the facility from the private investor for the remaining balance of the debt service costs incurred by the private investor at any time. For purposes of this subsection: "Building lease" means a contract between the department of accounting and general services and a private investor in which the private investor leases an improved facility to the department for a specified period of time. "Facility" means a building under the management and control of any state department. "Facility agreement" means an agreement between the State and a private investor that, at a minimum, includes a description of the work to be done, the sale price for the facility, the duration of the agreement, the roles and responsibilities of the State and the private investor, and the terms and conditions for the lease. "Private investor" means a nongovernmental entity. (e) The department may adopt rules as may be necessary or desirable for the operation and maintenance of public buildings; for the operation and implementation of a program to provide a means for public access to the State's information network system and public information; and for the implementation of facility agreements pursuant to subsection (d). The rules shall be adopted pursuant to chapter 91. [(f) The King Kamehameha celebration commission shall be placed within the department of accounting and general services for administrative purposes. The functions, duties, and powers, subject to the administrative control of the comptroller, and the composition of the commission shall be as heretofore provided by law. (g)] (f) The functions and authority [heretofore] exercised by the comptroller, board of commissioners of public archives, the archivist, the disposal committee, and the insurance management, surplus property management, and central purchasing functions of the bureau of the budget and the nonhighway functions of the department of public works as [heretofore] constituted are transferred to the department of accounting and general services established by this chapter. [(h)] (g) The department of accounting and general services shall preserve and protect Washington Place, including the grounds and the historic residence situated on its premises at Miller and Beretania Streets in Honolulu. The department shall administer, manage, operate, and maintain Washington Place and the trust fund created under subsection [(i).] (h). [(i)] (h) There is established a trust fund in the state treasury to be known as the Washington Place trust fund, into which shall be deposited: (1) All rents and fees collected for the use of Washington Place and from activities conducted on the premises; (2) All other money received for the fund from any other source; and (3) All income and interest earned or accrued on moneys deposited into the trust fund. All moneys deposited into the trust fund shall be expended by the department of accounting and general services and used exclusively to implement the provisions of subsection [(h),] (g), including for staff salaries and fringe benefits, and shall not be transferred, nor subject to transfer, to the general fund or any other fund in the state treasury." SECTION 6. Section 103-8.5, Hawaii Revised Statutes, is amended by amending subsections (d) through (f) to read as follows: "(d) The [comptroller] director of business, economic development, and tourism and the state foundation on culture and the arts shall decide on the specific art objects to acquire, giving first consideration to placing appropriate pieces of art at the locations of the original appropriation. The selection of, commissioning artists for, reviewing of design, execution, and placement of, and the acceptance of works of art shall be the responsibility of the [comptroller] director of business, economic development, and tourism and the state foundation on culture and the arts in consultation with the affected agency or department. Expenditures from the works of art special fund shall be made by the [comptroller.] director of business, economic development, and tourism. (e) The [comptroller] director of business, economic development, and tourism shall: (1) Provide each agency receiving capital improvement appropriations with information regarding items that shall be included and excluded from the one per cent amount; (2) Ensure that each agency calculates its one per cent amount correctly; and (3) Ensure that each agency transfers the correct amount to the works of art special fund in a timely manner. (f) The [comptroller] director of business, economic development, and tourism and the executive director of the state foundation on culture and the arts shall track amounts due from each agency under the one per cent requirement as provided in this section." SECTION 7. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of accounting and general services relating to the functions transferred to the department of business, economic development, and tourism shall be transferred with the functions to which they relate. SECTION 8. All rights, powers, functions, and duties of the department of accounting and general services are transferred to the department of business, economic development, and tourism. All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act. No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws. An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed. If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor. SECTION 9. All rules, policies, procedures, guidelines, and other material adopted or developed by the department of accounting and general services to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of business, economic development, and tourism by this Act shall remain in full force and effect until amended or repealed by the department of business, economic development, and tourism pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of accounting or general services or comptroller in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of business, economic development, and tourism or director of business, economic development, and tourism, as appropriate. SECTION 10. All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of accounting and general services, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of business, economic development, and tourism by this Act shall remain in full force and effect. Upon the effective date of this Act, every reference to the department of accounting and general services or the comptroller therein shall be construed as a reference to the department of business, economic development, and tourism or the director of business, economic development, and tourism, as appropriate. SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 12. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________ |
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