State Fdn on Culture & Arts

Amends the law relating to the SFCA by clarifying the roles of
the commission, executive director, and foundation staff.
Specifies that agencies receiving capital improvement
appropriations are responsible for calculating the 1% due to the
works of art special fund.  Adds remedies for noncompliance.

THE SENATE                              S.B. NO.           1011
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 9-1, Hawaii Revised Statutes, is amended
 2 by adding a new definition to be appropriately inserted and to
 3 read as follows:
 4      ""Commission" means the state foundation on culture and the
 5 arts commission established in section 9-2."
 6      SECTION 2.  Section 9-2, Hawaii Revised Statutes, is amended
 7 to read as follows:
 8      "9-2 Establishment of foundation.  (a)  There is hereby
 9 created a state foundation on culture and the arts, which shall
10 be placed within the department of accounting and general
11 services for administrative purposes.
12      (b)  The foundation shall be governed by a policy-making and
13 oversight commission to be known as the state foundation on
14 culture and the arts commission.  The commission shall be
15 composed of nine members to be appointed and removed by the
16 governor pursuant to section 26-34.  The term of each member
17 shall be for four years, commencing on July 1 and expiring on
18 June 30[; provided that of the nine members appointed for terms
19 commencing January 1, 1978, three members shall serve for four

Page 2                                                     
                                     S.B. NO.           1011

 1 years, three members shall serve for three years, and the
 2 remaining three members shall serve for two years].  The governor
 3 shall appoint the chairperson of the [foundation] commission from
 4 among the members thereof.  The members of the [foundation]
 5 commission shall serve without compensation, but [they] shall be
 6 reimbursed for travel and other necessary expenses in the
 7 performance of their official duties.
 8      [The foundation shall be placed within the department of
 9 accounting and general services for administrative purposes.]
10      (c)  The commission shall appoint an executive director of
11 the foundation, who shall:
12      (1)  Serve as the foundation's chief executive officer;
13      (2)  Be responsible for developing and administering the
14           foundation's programs under the commission's direction;
15      (3)  Serve on a part-time or full-time basis;
16      (4)  Be a person who by reason of education or extensive
17           experience is generally recognized as being
18           professionally qualified in the administration of
19           programs in the fields of culture, the arts, history,
20           and the humanities;
21      (5)  Be familiar with the peoples and cultures of Hawaii;
22      (6)  Be exempt from chapters 76 and 77; and
23      (7)  Select necessary additional staff subject to chapters

Page 3                                                     
                                     S.B. NO.           1011

 1           76 and 77, within available appropriations."
 2      SECTION 3.  Section 9-3, Hawaii Revised Statutes, is amended
 3 to read as follows:
 4      "9-3 Duties.  The foundation shall:
 5      (1)  Assist in coordinating the plans, programs, and
 6           activities of individuals, associations, corporations,
 7           and agencies concerned with the preservation and
 8           furtherance of culture and the arts and history and the
 9           humanities;
10      (2)  Establish written standards and criteria by which grant
11           contracts shall be evaluated;
12      (3)  Appraise the availability, adequacy, and accessibility
13           of culture and the arts and history and the humanities
14           to all persons throughout the State and devise programs
15           whereby culture and the arts and history and the
16           humanities can be brought to those who would otherwise
17           not have the opportunity to participate;
18      (4)  Stimulate, guide, and promote culture and the arts and
19           history and the humanities throughout the State;
20      (5)  Devise and recommend legislative and administrative
21           action for the preservation and furtherance of culture
22           and the arts and history and the humanities;
23      (6)  Study the availability of private and governmental

Page 4                                                     
                                     S.B. NO.           1011

 1           grants for the promotion and furtherance of culture and
 2           the arts and history and the humanities;
 3      (7)  Through its chairperson:
 4           (A)  Administer funds allocated by grant, gift, or
 5                bequest to the foundation; accept, hold, disburse,
 6                and allocate funds which may become available from
 7                other governmental and private sources; provided
 8                that all those funds shall be disbursed or
 9                allocated in compliance with any specific
10                designation stated by the donor and in the absence
11                of any designation, the funds shall be disbursed
12                or allocated for the promotion and furtherance of
13                culture and the arts and history and the
14                humanities; and
15           (B)  Accept, hold, disburse, and allocate public funds
16                that are made available to the foundation by the
17                legislature for disbursement or allocation,
18                pursuant to the standards and procedures
19                established in part II, for the promotion and
20                furtherance of culture and the arts and history
21                and the humanities;
22     [(8)  Select and employ a director to serve on a part-time or
23           full-time basis who shall be a person who by reason of

Page 5                                                     
                                     S.B. NO.           1011

 1           education or extensive experience is generally
 2           recognized as being professionally qualified in the
 3           administration of programs in the fields of culture and
 4           the arts and history and the humanities, who is
 5           familiar with the peoples and cultures of Hawaii, and
 6           who shall be exempt from chapters 76 and 77 and select
 7           necessary additional staff subject to chapters 76 and
 8           77, within available appropriations;
 9      (9)] (8)  Submit an annual report with recommendations to
10           the governor and legislature, prior to February 1, of
11           each year.  Annual reports shall include the total
12           number and amount of gifts received, payroll
13           disbursements, contracts entered into, and progress and
14           accomplishments made during the year;
15    [(10)] (9)  Display student art works in public buildings,
16           sponsor student art displays, and in other ways
17           encourage the development of creative talent among the
18           young people of Hawaii;
19    [(11)] (10)  In cooperation with qualified organizations
20           conduct research, studies, and investigations in the
21           fields of ethnohistory and the humanities; make,
22           publish, and distribute works documenting the
23           contributions of individual ethnic groups in their

Page 6                                                     
                                     S.B. NO.           1011

 1           relationship to one another and to the whole population
 2           of Hawaii; place ethnohistorical and cultural materials
 3           developed by the foundation or received by the
 4           foundation as gifts and donations in public archives,
 5           libraries, and other suitable institutions accessible
 6           to the public; and maintain a register of the location
 7           of such materials;
 8    [(12)] (11)  Cooperate with and assist the department of land
 9           and natural resources and other state agencies in
10           developing and implementing programs relating to
11           historic preservation, research, restoration, and
12           presentation, as well as museum activities; and
13    [(13)] (12)  Establish an individual artist fellowship program
14           to encourage artists to remain and work in Hawaii and
15           to reaffirm the importance of Hawaii's artists and
16           their cultural and economic contributions to the State
17           by:
18           (A)  Recognizing and honoring Hawaii's exceptionally
19                talented visual and performing artists for their
20                outstanding work and commitment in the arts; and
21           (B)  Enabling these artists to further their artistic
22                goals."
23      SECTION 4.  Section 103-8.5, Hawaii Revised Statutes, is

Page 7                                                     
                                     S.B. NO.           1011

 1 amended to read as follows:
 2      "[[]103-8.5[]]  Works of art special fund.(a)  There is
 3 created a works of art special fund, into which shall be
 4 transferred one per cent of all state fund appropriations for
 5 capital improvements designated for the construction cost
 6 element; provided that this transfer shall apply only to capital
 7 improvement appropriations that are designated for the
 8 construction or renovation of state buildings.
 9      (b)  The works of art special fund shall be used solely for
10 the following purposes:
11      (1)  Costs related to the acquisition of works of art,
12           including any consultant or staff services required to
13           carry out the art in public places and relocatable
14           works of art programs;
15      (2)  Site modifications, display, and interpretive work
16           necessary for the exhibition of works of art;
17      (3)  Upkeep services, including maintenance, repair, and
18           restoration of works of art; and
19      (4)  Storing and transporting works of art.
20      (c)  The one per cent amount, which is included in all
21 capital improvement appropriations, shall be calculated at the
22 time the appropriation bills are signed into law.  The moneys
23 shall be transferred into the works of art special fund upon

Page 8                                                     
                                     S.B. NO.           1011

 1 availability of moneys from the appropriations.  Each agency
 2 receiving capital improvement appropriations shall calculate the
 3 one per cent amount and transfer the moneys into that special
 4 fund.
 5      (d)  The comptroller and the state foundation on culture and
 6 the arts shall decide on the specific art objects to acquire,
 7 giving first consideration to placing appropriate pieces of art
 8 at the locations of the original appropriation.
 9      The selection of, commissioning artists for, reviewing of
10 design, execution, and placement of, and the acceptance of works
11 of art shall be the responsibility of the comptroller and the
12 state foundation on culture and the arts in consultation with the
13 affected agency or department.
14      Expenditures from the works of art special fund shall be
15 made by the comptroller.
16      (e)  The comptroller shall:
17      (1)  Provide each agency receiving capital improvement
18           appropriations with information regarding items that
19           shall be included and excluded from the one per cent
20           amount;
21      (2)  Ensure that each such agency calculates its one per
22           cent amount correctly;
23      (3)  Ensure that each such agency transfers the correct

Page 9                                                     
                                     S.B. NO.           1011

 1           amount to the special fund in a timely manner;
 2      (4)  Take action to ensure the transfer of overdue amounts;
 3           and
 4      (5)  Recommend to the legislature appropriate penalties
 5           against agencies for persistent delinquencies in their
 6           payments.
 7      (f)  The comptroller and the state foundation on culture and
 8 the arts shall track amounts due from each agency under the one
 9 per cent requirement as provided in this section."
10      SECTION 5.  Statutory material to be repealed is bracketed.
11 New statutory material is underscored.
12      SECTION 6.  This Act shall take effect upon its approval.
14                              INTRODUCED BY:______________________