SB261.DOC

SECTION 1. Chapter 9, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§9‑ Museum for Hawaiian music and dance; advisory committee; established. (a) There is established the museum for Hawaiian music and dance. The museum for Hawaiian music and dance shall be placed within the state foundation on culture and the arts for administrative purposes.

(b) The state foundation on culture and the arts, in coordination with the department of accounting and general services, shall negotiate with a qualified nonprofit entity formed under section 501(c)(3) (with respect to exemption from tax on corporations, certain trusts, etc.) of the Internal Revenue Code to develop, operate, and manage the museum; provided that the foundation shall select the nonprofit entity in accordance with chapter 103D. The selected nonprofit entity shall meet, at a minimum, the following criteria:

(1) The nonprofit entity's mission shall encompass the promotion and preservation of both Hawaiian music and Hawaiian dance;

(2) The nonprofit entity's organization shall exhibit the capacity to manage, operate, and raise funds for the museum; and

(3) The nonprofit entity's organization shall provide an acceptable business plan or model.

(c) The foundation and the department of accounting and general services may execute a contract to develop, operate, and manage the museum for Hawaiian music and dance. The contracted nonprofit entity shall be entitled to name the museum.

(d) The department of accounting and general services may construct the building and ancillary facilities for the museum for Hawaiian music and dance or negotiate and execute a contract with the qualified nonprofit entity contracted under subsection (b) to construct the building and ancillary facilities for the museum. The department of land and natural resources, department of Hawaiian home lands, or Hawaii community development authority, as applicable, may lease land for the museum for Hawaiian music and dance to the contracted nonprofit entity for a nominal sum.

The foundation and the department of accounting and general services may negotiate with the Hawaii community development authority to identify an appropriate location in the Kakaako makai area on lands controlled by the Hawaii community development authority, in consultation with the design advisory committee established under subsection (f).

(e) The nonprofit entity contracted to develop, operate, and manage the museum for Hawaiian music and dance shall:

(1) Develop, operate, and manage the museum for Hawaiian music and dance as established in this section;

(2) Enter into contracts and leases as necessary for the location of the museum for Hawaiian music and dance, without regard to chapter 103D;

(3) Determine the type of institution that would be appropriate for the museum for Hawaiian music and dance;

(4) Determine the best location for the museum for Hawaiian music and dance; provided that more than one location shall be allowed;

(5) Determine a plan to incorporate the Hawaiian music hall of fame and museum into the museum for Hawaiian music and dance;

(6) Establish a Hawaiian dance hall of fame to be incorporated into the museum for Hawaiian music and dance; and

(7) Designate possible financing mechanisms for the museum for Hawaiian music and dance.

(f) The foundation shall establish an ad hoc design advisory committee, as may be necessary from time to time, to advise the contracted nonprofit entity of the museum for Hawaiian music and dance on all matters relevant to subsections (d) and (e). Members of the design advisory committee shall be selected by the foundation from appropriate Hawaiian culture and art groups, and shall dissolve upon completion of the specifically assigned responsibilities of the design advisory committee."

SECTION 2. 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 2011-2012 to finance the design and the environmental assessment relating to the construction of the building and ancillary facilities for the museum for Hawaiian music and dance.

The sum appropriated shall be expended by the state foundation on culture and the arts for the purposes of this Act.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2011.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	261
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII