Report Title:

Museum of Hawaiian Music and Dance

Description:

Establishes the museum of Hawaiian music and dance within DAGS for Hawaiian music and dance to be headed by a board of directors. Authorizes the expenditure of funds for the museum of Hawaiian music and dance from the works of art special fund and OHA. Appropriates funds.

THE SENATE

S.B. NO.

2139

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the museum of hawaiian music and dance.

 

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

SECTION 1. The legislature finds that the economic viability of Hawaii's tourism is heavily dependent upon the Hawaiian culture. The culture of the indigenous people is unique and of critical importance in differentiating Hawaii from all other visitor destinations. Tourism promotions, particularly through media such as music and dance, have relied upon Hawaiian culture as the number one marketing tool and as the foundation for perpetuating the spirit of aloha that is vital to the economic success of the industry.

The legislature further finds that the history of Hawaiian music and dance demonstrates a proud statement of cultural identity. A compilation of collective works and related memorabilia of exceptional individuals who are highly regarded in their respective fields of endeavor will act to preserve and perpetuate the Hawaiian culture as well as a love and appreciation of these art forms for present and future generations.

The purpose of this Act is to:

(1) Establish a museum of Hawaiian music and dance that will focus on the perpetuation and promotion of Hawaiian music and dance;

(2) Establish a museum of Hawaiian music and dance board of directors to oversee the operations of the museum; and

(3) Appropriate funds for the museum's establishment and operations from the office of Hawaiian affairs and the works of art special fund.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

museum of hawaiian music and dance

§   -1 Museum of Hawaiian music and dance. (a) There is established the museum of Hawaiian music and dance which shall be a body corporate and a public instrumentality of the State, for the purpose of implementing this chapter. The museum of Hawaiian music and dance shall be placed within the department of accounting and general services for administrative purposes.

(b) The museum of Hawaiian music and dance shall serve as a repository of music and dance memorabilia of notable Hawaii musicians and dancers, provided by or acquired from any source.

(c) The museum of Hawaiian music and dance may select one or more sites for a museum, with preference given to a facility having convenient access to tourists.

(d) Ownership to a piece of memorabilia displayed in the museum shall remain with the musician or dancer, the musician's or dancer's devise or estate, or the donor; provided that the State shall not be liable for damage or theft of the memorabilia; provided further that the museum shall take appropriate measures to preserve and maintain the memorabilia.

§   -2 Museum of Hawaiian music and dance board. (a) The museum of Hawaiian music and dance shall be overseen by a board of directors consisting of five members, including:

(1) A Hawaiian entertainer or hula dancer;

(2) A kumu hula possessing suitable credentials or genealogy;

(3) A respected Hawaiian music authority;

(4) A kupuna or expert in Hawaiian culture; and

(5) An individual with experience in museum management, including acquisitions of artwork or exhibition management.

The members shall be appointed by the governor in accordance with section 26-34. No director shall serve for more than two consecutive four-year terms. Members shall serve without compensation, but may be reimbursed for the necessary expenses, including travel expenses, incurred in the performance of their duties.

(b) The board shall appoint from its members a chairperson, treasurer, and any other officers that the board deems necessary or desirable to carry out its functions.

(c) Three members shall constitute a quorum, whose affirmative vote shall be necessary for all actions by the museum of Hawaiian music and dance.

§   -3 Board meetings; special meetings; open to public. (a) The board shall hold regular meetings at least once every two months. The board shall keep records and minutes of all regular and special meetings pursuant to chapter 92.

(b) Either the chairperson or any three members may convene a special meeting by notifying the entire membership of the board in writing of the time and place of the special meeting. The chairperson or the three members shall give written notice at least seven calendar days or at least ten calendar days, respectively, prior to the date of the special meeting.

(c) All board meetings shall be open to the public pursuant to chapter 92.

§   -4 Powers and duties of the board. The museum of Hawaiian music and dance, through its board of directors, shall:

(1) Maintain, operate, and manage the physical locus of the museum of Hawaiian music and dance and related facilities to commemorate Hawaiian music and dance, including legends and personages in a manner befitting their achievements;

(2) Determine the feasibility of imposing any charges or fees for the use or enjoyment of its facilities, including entrance fees;

(3) Make and execute contracts and other instruments necessary or convenient to carry out and effectuate this chapter;

(4) Be exempt from chapters 102 and 103D;

(5) In accordance with chapter 91, adopt, amend, and repeal rules it deems necessary to effectuate this chapter and in connection with its projects, operations, and facilities;

(6) Hire a manager pursuant to section    -5;

(7) Plan, promote, and market the museum of Hawaiian music and dance and its related facilities;

(8) Utilize the office of Hawaiian affairs as a cultural, advisory, and funding resource for the museum of Hawaiian music and dance; and

(9) Report annually to the legislature pursuant to section    -7.

§   -5 Manager; personnel. The board may hire a manager, who shall be exempt from chapters 76 and 89, to administer the affairs of the museum of Hawaiian music and dance and related facilities. The manager shall have such qualifications as the board deems necessary, including but not limited to experience as a curator or archivist, and shall serve at the pleasure of the board. The manager, subject to the approval of the board, shall have power to appoint, suspend, and discharge a secretary and such other employees and subordinates without regard to chapters 76 and 89, as may be necessary for the proper conduct of the business of the board.

§   -6 Annual report. The board shall provide an annual report to the legislature and the governor of the activities and accomplishments of the board and the receipts and expenditures of the museum of Hawaiian music and dance not later than twenty days prior to the convening of each regular legislative session."

SECTION 3. Section 10-5, Hawaii Revised Statutes, is amended to read as follows:

"§10-5 Board of trustees; powers and duties. The board shall have the power in accordance with law to:

(1) Manage, invest, and administer the proceeds from the sale or other disposition of lands, natural resources, minerals, and income derived from whatever sources for native Hawaiians and Hawaiians, including all income and proceeds from that pro rata portion of the trust referred to in section 10-3;

(2) Exercise control over real and personal property set aside to the office by the State of Hawaii, the United States of America, or any private sources, and transferred to the office for native Hawaiians and Hawaiians;

(3) Collect, receive, deposit, withdraw, and invest money and property on behalf of the office;

(4) Formulate policy relating to the affairs of native Hawaiians and Hawaiians, provided that such policy shall not diminish or limit the benefits of native Hawaiians under article XII, section 4, of the state Constitution;

(5) Otherwise act as a trustee as provided by law;

(6) Delegate to the administrator, its officers and employees such powers and duties as may be proper for the performance of the powers and duties vested in the board;

(7) Provide grants to individuals, and public or private organizations to better the conditions of native Hawaiians and Hawaiians consistent with the standards set forth in section 10-17;

(8) Make available technical and financial assistance and advisory services to any agency or private organization for native Hawaiian and Hawaiian programs, and for other functions pertinent to the purposes of the office of Hawaiian affairs. Financial assistance may be rendered through contractual arrangements as may be agreed upon by the board and any such agency or organization; [and]

(9) Adopt and use a common seal by which all official acts shall be authenticated[.];and

(10) Provide funding and cultural and advisory assistance to the museum of Hawaiian music and dance for the promotion and perpetuation of Hawaiian music and dance."

SECTION 4. Section 103-8.5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) The works of art special fund shall be used solely for the following purposes:

(1) 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[.];

(5) Operation, maintenance, promotion, and management of the museum of Hawaiian music and dance and related facilities; and

(6) All or part of the cost of financing any capital improvement projects for the museum of Hawaiian music and dance and related facilities."

2. By amending subsection (d) to read:

"(d) The comptroller 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[.]; provided that, pursuant to section    -3, the board of directors of the museum of Hawaiian music and dance shall decide on the specific art objects to acquire for the museum of Hawaiian music and dance.

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 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."

SECTION 5. 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 2004-2005, for the establishment and operation costs of the museum of Hawaiian music and dance.

The sum appropriated shall be expended by the office of Hawaiian affairs for the purposes of this Act.

SECTION 6. There is appropriated out of the works of art special fund the sum of $          , or so much thereof as may be necessary for fiscal year 2004-2005, for the establishment and operation costs of the museum of Hawaiian music and dance.

The sum appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval; provided that sections 5 and 6 shall take effect on July 1, 2004.

INTRODUCED BY:

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