Bill 353.

Summary.

The bill establishes a legal and cultural framework to support, encourage and promote independent musical bands. It establishes the Festival of Independent Musical Bands for the last Sunday of October each year and identifies it as a source of the board’s operating income. It defines the bands by their performance of patriotic marches and popular songs, their origins in the dianas that open festive days, and their combination of martial and popular rhythms. It also defines voluntary members, including minors authorized by their legal guardian; banderos as artists of this cultural expression; the official band register; and contributions to the board.

It creates the Board of Independent Musical Bands (Patronato de Bandas Musicales Independientes), with legal personality, its own assets and administrative autonomy, to promote, coordinate, direct and facilitate band activities in Panama. Its objectives include advising on the inclusion of bands in state plans and policies; carrying out projects with budget allocations, self-generated funds and donations; disseminating the bandero genre and seeking its legal recognition and protection; securing resources; approving internal rules; promoting inclusive processes, community activities and musical training; seeking instruments, equipment and cultural venues; preparing a draft revenue and expenditure budget; submitting an endorsed annual report; and organizing the festival.

The board would include representatives of the Ministry of Culture (Ministerio de Cultura), Ministry of Education (Ministerio de Educación), Chamber of Commerce, Industries and Agriculture of Panama (Cámara de Comercio, Industrias y Agricultura de Panamá), Ministry of Public Security (Ministerio de Seguridad Publica), and Panama Tourism Authority (Autoridad de Turismo de Panamá). Six additional members would be selected from legally constituted federations meeting the stated conditions concerning affiliated bands and continuous activity. Institutions would appoint representatives by administrative resolution, while federations would follow their statutes or regulations. The governing board, chosen from the board’s members, would comprise a president, vice president, secretary, treasurer, auditor and two other members.

The board’s assets would include General State Budget allocations estimated at .001% of nominal Gross Domestic Product (GDP), assuming an estimated annual growth rate of 6%, provided through the Ministry of Culture or Ministry of Economy and Finance (Ministerio de Economía y Finanzas), as determined by the National Government (Gobierno Nacional). They would also include property, bequests, inheritances, donations, subsidies, bank accounts and self-generated funds. The Development Fund for Independent Bands (Fondo de Desarrollo de Bandas Independientes) would draw on the operating surplus administered by the board and be financed by its assets and income to distribute resources among registered federations.

The board would publish an annual report on public and private funds, subject to audit by the Office of the Comptroller General of the Republic (Contraloría General de la República). The bill also provides for filing a donations report with the General Directorate of Revenue (DGI) as an attachment to the donor’s income tax return and obtaining a private audit of private funds. Federations would create and administer the band register; the State would assist the board and fund the festival and its other objectives. The Executive Branch (Órgano Ejecutivo) and the board would issue implementing regulations within three months after promulgation, when the law would take effect. Its provisions concern the named public bodies, federations, bands, and the cultural, educational, tourism and business sectors.