Report Title:

State Art Museum; Operational Funding

Description:

Incorporates the State Art Museum and the Art in Public Places and Relocatable Works of Art programs into the duties of The State Foundation on Culture and the Arts, and clarifies its duties in relation to them. Establishes the Friends of the Hawaii State Art Museum and the associated trust fund. (HB2063 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2063

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

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 purpose of this Act is to provide statutory authority for the on-going operational funding for the state art museum and to conform chapter 9, Hawaii Revised Statutes, with the duties with respect to:

(1) The art in public places and relocatable works of art programs, imposed on the state foundation on culture and the arts by section 103-8.5, Hawaii Revised Statutes; and

(2) The state art museum.

SECTION 2. Chapter 9, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART     . ART IN PUBLIC PLACES AND RELOCATABLE WORKS

OF ARTS PROGRAMS AND STATE ART MUSEUM

9-     Purpose. The foundation shall administer the art in public places and relocatable works of art programs, pursuant to section 103-8.5, 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-     State art museum; establishment. The state art museum is established within the foundation. The operations of the state art museum shall be funded and supported by the works of the art special fund, pursuant to section 103-8.5, and the friends of the Hawaii state art museum trust fund.

9-     Friends of the Hawaii state art museum; establishment. There shall be established a citizens group called the friends of the Hawaii state art museum, to work effectively with the foundation and its professional staff to enhance and support the work of the museum, its ancillary programs, and amenities, pursuant to this part.

9-     Friends of the Hawaii state art museum trust fund. (a) There is established as a separate fund of the foundation, the friends of the Hawaii state art museum trust fund. All funds contributed to the trust fund, including income and capital gains earned therefrom, shall be used exclusively to carry out the purposes of the museum as defined in this chapter. The trust fund shall consist of any and all types of private, federal, and public gifts and contributions, which do not include any state funding, but does include any income, interest, capital gains earned, fees, and all proceeds collected by the state art museum ancillary programs and amenities involving facility rentals, concession agreements, the sale of any article purchased from the foundation to benefit the state art museum; provided that moneys or properties donated for museum use and patrons' deposits shall be deposited and accounted for in accordance with rules adopted by the foundation. The friends of the Hawaii state art museum trust fund shall be subject to the following restrictions:

(1) All funds and any income, interest, and capital gains earned by investment of those funds, shall be expended by the friends of the Hawaii state art museum to carry out the purposes of the museum as set out in this section; and

(2) Any other restrictions imposed by the legislature with respect to the transfer or appropriation of funds.

(b) The friends of the Hawaii state art museum trust fund shall be subject to the terms and conditions provided in this section. The trust fund shall not be placed in the state treasury and the State shall not administer the fund nor be liable for its operation or solvency. The trust fund shall be a trust fund pursuant to section 37-62, administered by the friends of the Hawaii state art museum.

(c) Any funds deposited in the trust fund, and any income, interest, and capital gains earned therefrom, that are not used for the purposes of the museum as set out in this section shall be invested in accordance with the provisions of the articles, bylaws, resolutions, or other instruments executed on behalf of the friends of the Hawaii state art museum in a manner intended to obtain a reasonable commercial rate of return on investment of the fund.

(d) If the trust fund is terminated, all funds including the income, interest, and capital gains earned by the investment of funds, shall be transferred to the general fund.

(e) The friends of the Hawaii state art museum:

(1) Shall operate concessions or other for-profit business enterprises within or on the grounds of the state art museum as directed by the foundation, may enter into contracts as approved by and with the foundation, and with any association, individual, or corporation to further the purposes of this part;

(2) Shall require a certified public accountant to compile the financial statements, the result of which shall be submitted to the foundation not more than thirty days after its receipt by the friends of the Hawaii state art museum;

(3) Shall retain for a period of three years, any documents, papers, books, records, and other evidence pertinent to the trust fund, and permit inspection or access thereto by the department of accounting and general services, the legislature, the auditor, or their duly authorized representatives; and

(4) Submit an annual report on its activities to the foundation at least twenty days after the close of the calendar year. The annual report shall include the total number and amount of revenues, gifts, grants, donations received, contracts entered into, and progress and accomplishments made during the year.

(f) The state foundation on culture and the arts shall expend moneys from the friends of the Hawaii state art museum trust fund for:

(1) Employing personnel as required to operate and maintain the museum and ancillary programs for educational, cultural, and promotional purposes. Employees of the museum and ancillary programs shall be exempt from chapter 76, and shall not be considered civil service employees but shall be entitled to any employee benefit plan normally inuring to civil service employees;

(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 and ancillary programs and amenities;

(5) Administrative costs of the state art museum; and

(6) Doing other things necessary to accomplish the purposes of this chapter including the adoption, amending, or repeal of rules.

9-     Museum concessions. Notwithstanding any law to the contrary, all net income or proceeds received by the friends from the operation of any concession, or other for-profit business enterprise within or on the grounds of the museum and its amenities, shall be deposited into the trust fund. The disposition of the net income or proceeds shall be for purposes of the museum and its ancillary programs as set out in section 6F-5."

SECTION 3. Section 9-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""State art museum" means the museum established pursuant to section 9-   ."

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; and

(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;

(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 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; [and]

(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.