Bill 267.

Summary.

The bill establishes the City of the Arts Board of Trustees (PATRONATO DE LA CIUDAD DE LAS ARTES) as an autonomous, nonprofit private entity serving a public interest. Public and private entities, civic associations, and the public could participate. It assigns the board use and administration of the state-owned City of the Arts building in Llanos de Curundú, corregimiento (district) of Ancón, district of Panamá, province of Panamá, identified by Real Property Folio N° 384570 and Location Code N° 8720. It could open offices in other cities. Its stated cultural and educational mission covers heritage conservation, arts training, and community participation (Arts. 1-4).

Its objectives include strengthening the Fine Arts Schools, securing the exercise of cultural rights, providing projects for different population groups, and expanding inclusive access to arts education. It could cooperate with public bodies, universities, municipalities, civil organizations, businesses, and international organizations; protect cultural property; and hold activities that generate revenue. Operating museums, galleries, libraries, auditoriums, and other cultural spaces would require prior authorization from the Ministry of Culture (Ministerio de Cultura). Work on the premises would be planned by the Board of Directors of the Board of Trustees (Junta Directiva de EL PATRONATO) and approved by that ministry. The ministry would represent the board before the Executive Branch (Órgano Ejecutivo), while the Office of the Comptroller General of the Nation (Contraloría General de la Nación) would oversee it (Arts. 5-7).

Membership would include the Ministry of Culture, the Ministry of Education (Ministerio de Educación), the Center for Historical, Anthropological and Cultural Research AIP–Panamá (Centro de Investigaciones, Históricas y Antropológicas y Culturales AIP - Panamá), the Mayor's Office of the Municipality of Panamá (Municipio de Panamá), and business and civil society representatives connected with culture. Members would have alternates; nominations from business and civil society would follow Article 86 of Law 175 of November 3, 2020. The board of trustees could request state funding, set its budget, charge fees, and receive contributions. It would safeguard property, submit its cultural management plan to the Ministry of Culture, cooperate with oversight, prepare internal rules, and publish its activities calendar and budget execution. Fee setting refers to Article 69 of Law N° 175 of November 3, 2020 (Arts. 8-10).

The board of directors would be its highest authority, subject to the exceptions in Articles 72 and 73 of that law. Members would serve without pay, with reimbursement of mission expenses. The bill allocates board offices, provides for monthly ordinary meetings and special meetings to review fees, requires notice at least five (5) business days in advance, and sets quorum and voting rules. Under Article 75 of Law 175 of November 3, 2020, specified decisions would require absolute majorities and votes from state representatives. These include the budget, temporary closure of the property, and free events. Only 30% of the budgeted state contribution could be used for payroll unless the specified authorization is given. An Executive Director would be selected through a public competition for five (5) years, renewable for one additional term, subject to eligibility requirements and a restriction affecting former ministers of Culture. The board of directors could appoint advisory councils (Arts. 11-18).

The board's assets and funds would come from budget allocations, donations, inheritances, activities, and rentals. State funds allocated to it could not fall below the previous annual budget. Donations would receive the stated income tax deduction treatment, and the board would be exempt from national taxes, contributions, and charges. Property in its custody would belong to the State; its sale or use as security would be restricted. The administered area would cover the parcel, its public spaces, and future buildings. It would submit annual audited reports within three (3) months after the fiscal year closes to the Office of the Comptroller General of the Republic (Contraloría General de la República) and the Ministry of Culture. The board of directors could approve dissolution; the property would revert to the State through the Ministry of Culture or pass to the replacement entity described in the bill (Arts. 19-27).

The proposal concerns the Ministry of Culture, the Ministry of Education, the Municipality of Panamá, and the Office of the Comptroller General of the Republic, as well as fine arts schools, artists, students, cultural managers, civil organizations, cultural businesses, and potential donors.