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HOUSE OF REPRESENTATIVES
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE STATE ART MUSEUM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purposes of this Act are to (1) provide statutory authority for the on-going operational funding for the state art museum, and (2) conform chapter 9, Hawaii Revised Statutes, with the duties imposed on the state foundation on culture and the arts by section 103-8.5, Hawaii Revised Statutes, with respect to the art in public places and relocatable works of art programs and the state art museum.
SECTION 2. Chapter 9, Hawaii Revised Statutes, is amended by adding a new part to be designated and to read as follows:
"PART III. ART IN PUBLIC PLACES AND RELOCATABLE WORKS OF ART PROGRAMS AND STATE ART MUSEUM
§9- Purpose. Pursuant to section 103-8.5, the foundation shall administer the art in public places and relocatable works of art programs and the state art museum in order to achieve the following purposes:
(1) Replace in public state buildings the natural beauty displaced in construction with works of art expressive of the State's cultural, creative, and traditional arts of its various ethnic groups;
(2) Support, promote, and recognize excellence of the State's diverse cultural, creative, and traditional artists; and
(3) Create, display, and maintain in public places and the state art museum a collection of works of art that:
(A) Represents the diversity and excellence of the State's artistic expression; and
(B) Provides to all the citizens of the State the fullest possible access to the highest quality aesthetic and educational experiences available.
§9- Rules. The foundation shall develop policies and procedures and adopt rules pursuant to chapter 91 regarding the art in public places and relocatable works of art programs and the state art museum.
§9- State art museum; establishment. The state art museum is established within the foundation as a permanent repository of the State's collection of works of art and as a place to display some or all of the State's collection of works of art. The operations of the state art museum shall be funded and supported by the works of art special fund, pursuant to section 103-8.5, and the state art museum special fund, pursuant to section 9- .
§9- State art museum special fund. (a) There is established within the state treasury a fund to be known as the state art museum special fund. All proceeds collected by the state art museum programs involving facility rentals, concession agreements, the sale of any article purchased from the state foundation on culture and the arts to benefit the state art museum, or any gifts or contributions, shall be deposited into this fund.
(b) The state foundation on culture and the arts shall expend the moneys from the state art museum special fund for the following purposes:
(1) Permanent and temporary staff positions;
(2) Planning and development of state art museum programs;
(3) Construction, repairs, replacement, additions, and extensions of state art museum facilities;
(4) Operation and maintenance costs of state art museum programs; and
(5) Administrative costs of the state art museum."
SECTION 3. Section 9-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""State art museum" means the museum established pursuant to section 9- .
"Works of art" means all forms of original and traditional creations of visual art, and craft objects, including without limitation functional and non-functional ceramic and fiber works; drawings; mixed media works; murals, mosaics, super graphics, and frescos; paintings; photographs; prints; sculpture; and the traditional arts of Hawaii's various ethnic groups."
SECTION 4. Section 9-3, Hawaii Revised Statutes, is amended to read as follows:
"§9-3 Duties. The foundation shall:
(1) Assist in coordinating the plans, programs, and activities of individuals, associations, corporations, and agencies concerned with the preservation and furtherance of culture and the arts and history and the humanities;
(2) Establish written standards and criteria by which grant contracts shall be evaluated;
(3) Appraise the availability, adequacy, and accessibility of culture and the arts and history and the humanities to all persons throughout the State and devise programs whereby culture and the arts and history and the humanities can be brought to those who would otherwise not have the opportunity to participate;
(4) Stimulate, guide, and promote culture and the arts and history and the humanities throughout the State;
(5) Devise and recommend legislative and administrative action for the preservation and furtherance of culture and the arts and history and the humanities;
(6) Study the availability of private and governmental grants for the promotion and furtherance of culture and the arts and history and the humanities;
(7) Through its executive director:
(A) Administer funds allocated by grant, gift, or bequest to the foundation; accept, hold, disburse, and allocate funds which may become available from other governmental and private sources; provided that all those funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and in the absence of any designation, the funds shall be disbursed or allocated for the promotion and furtherance of culture and the arts and history and the humanities; [
(B) Accept, hold, disburse, and allocate public funds that are made available to the foundation by the legislature for disbursement or allocation, pursuant to the standards and procedures established in part II, for the promotion and furtherance of culture and the arts and history and the humanities; and
(C) In consultation with the comptroller, track amounts due from each state agency under the one per cent requirement pursuant to section 103-8.5(f);
(8) Submit an annual report with recommendations to the governor and legislature, prior to February 1, of each year. Annual reports shall include the total number and amount of gifts and other grants and income received, payroll disbursements, contracts entered into, and progress and accomplishments made during the year, including the efforts of the Hawaii arts education partners and its progress in implementing the Hawaii arts education strategic plan[
;] and the accomplishments of the art in public places and relocatable works of art programs and the state art museum;
(9) Convene the Hawaii arts education partners, which is composed of the department of education, the colleges of education and arts and humanities of the University of Hawaii at Manoa, the Hawaii Association of Independent Schools, and the Hawaii Alliance for [Art] Arts Education, to fully implement the terms of the Hawaii arts education strategic plan;
(10) Display student art works in public buildings, sponsor student art displays, promote arts education, and in other ways encourage the development of creative talent among the young people of Hawaii;
(11) In cooperation with qualified organizations conduct research, studies, and investigations in the fields of ethnohistory and the humanities; make, publish, and distribute works documenting the contributions of individual ethnic groups in their relationship to one another and to the whole population of Hawaii; place ethnohistorical and cultural materials developed by the foundation or received by the foundation as gifts and donations in public archives, libraries, and other suitable institutions accessible to the public; and maintain a register of the location of such materials;
(12) Cooperate with and assist the department of land and natural resources and other state agencies in developing and implementing programs relating to historic preservation, research, restoration, and presentation, as well as museum activities; [
(13) Establish an individual artist fellowship program to encourage artists to remain and work in Hawaii and to reaffirm the importance of Hawaii's artists and their cultural and economic contributions to the State by:
(A) Recognizing and honoring Hawaii's exceptionally talented visual and performing artists for their outstanding work and commitment in the arts; and
(B) Enabling these artists to further their artistic goals[
(14) In consultation with the comptroller and affected agencies and departments, administer the art in public places and relocatable works of art programs established pursuant to section 103-8.5; and
(15) Administer the operations of the state art museum pursuant to section 9- ."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.