SB 437: RELATING TO THE EAST-WEST CENTER.

A BILL FOR AN ACT

relating to the east-west center.

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

     SECTION 1.  Act 82, Session Laws of Hawaii 1975, is amended by amending section 6 to read as follows:

     "SECTION 6.  Powers and duties of the corporation.  Except as otherwise limited by this Act, the corporation shall have the following powers and duties and shall:

     (a)  Have succession and corporate existence in perpetuity;

     (b)  [To adopt,] Adopt, amend, and repeal bylaws providing for its organization and internal management and governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law consistent with this Act and the Act of the United States Congress authorizing the establishment of the East-West center and other relevant laws of the United States and the State; provided that all meetings for the adoption, amendment, and repeal of bylaws shall be open to the public, and public notice of [any such] the meeting, including an agenda of items to be discussed at the meeting, shall be announced at least fourteen days in advance and published at least twice in a newspaper of general circulation in the State within the fourteen days but at least seven days prior to the meeting[.];

     (c)  Adopt and use a common seal;

     (d)  Acquire in any lawful manner any property, real, personal, or mixed, tangible or intangible, or any interest therein; [to] hold, maintain, use, manage, and operate the [same;] property; and [to] sell, lease, rent, or otherwise dispose of the [same] property at [such] a time[,] and in [such] a manner[, and to the extent] deemed necessary or appropriate to carry out its purposes;

     (e)  Enter into and perform [such] contracts, leases, cooperative agreements, or other arrangements as [may be] necessary to carry out the purposes of this Act [and], on [such] terms [as] it [may deem] deems appropriate, with any agency or instrumentality of the United States, another nation, a state, territory, or possession, or with any political subdivision of any of the foregoing, or with any person, firm, association, institution, corporation, or organization, whether private, governmental, or international and whether located within or outside of the United States;

     (f)  Determine the character of and necessity for its obligations and expenditures, and the manner in which the [same] obligations and expenditures shall be incurred, allowed, and paid;

     (g)  Seek, receive, and accept from public and private sources, whether located within or outside of the United States, by grants, gifts, devices, bequests or otherwise, money and property, real, personal, or mixed, tangible or intangible, absolutely or in trust, to be used in carrying out the purposes of this Act; provided that the qualifying standards and conditions related to the receipt of funds contained in chapter 42F, Hawaii Revised Statutes, shall not apply to funds received by the East-West center; provided further that if the East-West center contracts with a recipient or provider, then the qualifying standards, conditions, and other provisions of chapter 42F, Hawaii Revised Statutes, shall apply to the recipient or provider and the contract;

     (h)  Serve as trustee and be named a beneficiary under the terms of any gift, indenture, or will;

     (i)  Appoint and discharge a chief executive officer, subordinate officers, employees, and agents as the business of the corporation requires, and [to] classify, prescribe the duties and qualifications, and fix the compensation and benefits of all officers, employees, and agents of the corporation;

     (j)  Establish [such] policies and procedures as [may be] necessary, including a personnel system and [a] budget system;

     (k)  Enter into employee collective bargaining agreements in conformance with all applicable laws;

     (1)  Establish an international advisory board [of not less] comprising no fewer than seven nor more than eleven members, whose terms shall be as set forth in the bylaws of the corporation, to advise the corporation on programmatic matters, and to establish [such] other committees, boards, and bodies as it [may from time to time deem desirable,] deems necessary, and to prescribe [their] the duties and responsibilities[;] of the committees, boards, and bodies;

     (m)  Grant a special certificate to individuals who have successfully completed programs of study, training and research conducted by the East-West center;

     (n)  Establish and maintain, and [to] assist in establishing and maintaining, scholarships, fellowships, lectureships, chairs, and other staff positions, and [to] enter into contracts, agreements, and other arrangements with any person, firm, association, institution, corporation, or organization, whether private, governmental, or international and whether located within or outside of the United States, for this purpose, and [to] pay the necessary and appropriate costs and expenses therefor;

     (o)  Collect fees and other charges for programs, facilities, services, and educational products, and [to] hold copyright;

     (p)  Sue and be sued in its corporate name, except that the corporation shall be immune from any writ of attachment and execution against its assets;

     (q)  Delegate any of the powers of the corporation, except the powers granted under subsection (b), to any standing or special committee, board, or body, or to any officer or agent, upon [such] any terms [as] that it deems fit [except for the powers granted under subsection (b) hereof];

     (r)  Execute, in accordance with its bylaws, all contracts and other instruments necessary or appropriate for the exercise of its powers under this Act; and

     (s)  [To do any and] Do all things necessary or appropriate to carry out its purposes and exercise the powers given and granted in this Act."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

East-West Center; Grants; Standards and Conditions; Exemption

Description:

Exempts the Center for Cultural and Technical Exchange Between East and West, Inc. from the qualifying standards and conditions related to the receipt of funds contained in chapter 42F, Hawaii Revised Statutes, provided that if the center contracts with a recipient or provider, then the conditions in chapter 42F, shall apply to that recipient or provider and the contract.

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