RELATING TO THE EAST-WEST CENTER.

SB437

THE SENATE

S.B. NO.

437

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

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.

INTRODUCED BY:

_____________________________

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.