Report Title:

Art; Resident Artists; Display and Sell in State Offices

Description:

Permits resident artists to display and sell their work in state offices. Provides for the works of art special fund to be used to purchase books, works of literacy art, and other library resources for the state public library system. (SD2)

THE SENATE

S.B. NO.

376

TWENTY-SECOND LEGISLATURE, 2003

S.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ART.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 9, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART   . SALE OF ART IN STATE OFFICES

9-A Application process. (a) Any artist who is a Hawaii resident may apply to the foundation to have the artist's work displayed in any state office, agency, or building. The foundation shall determine if the works are eligible for display and shall place the works that are on an availability list. The artist shall decide whether the artist shall retain physical possession of the artwork until needed or whether the foundation shall keep temporary possession of it. The artist may ask for the artwork back or to have it removed from the list of available art, at any time. Only work created by an artist who is a Hawaii resident is eligible to be considered for the availability list.

(b) The foundation shall keep a current roster of state offices, agencies, and buildings seeking art for display. At least monthly, the foundation shall circulate a list of all art sought to be displayed under this section, including their dimensions, to the office manager or equivalent of any state office, agency, or building that is seeking art for display. If the office manager agrees to display the artwork in a part of the office that is open to the public, the office manager shall so notify the foundation and the foundation shall deliver the artwork within five business days, if it is in the temporary possession of the foundation, or promptly notify the artist, if it is in the possession of the artist. The artist shall deliver it to the foundation for distribution within five business days to the office requesting it. In the case of multiple requests for the same piece of art, the artist shall select the venue.

9-B Sale of artwork. Each piece of artwork displayed under section 9-A shall bear a price tag with a price designated by the artist. Any person may purchase the artwork for the stated price. The funds shall be paid to the foundation, which shall keep eighty-five per cent of the sales price, to be transmitted to the general fund, and shall promptly pay the remaining fifteen per cent to the artist. In the event of multiple offers for the same piece of art, the artist may either select the buyer or may entertain bids until only one buyer remains.

9-C Liability. The artist shall bear liability for loss or damage while the artwork is in the artist's possession. The foundation shall bear liability for loss or damage at the artist's stated price while the artwork is in the foundation's temporary possession and while in transit to and from the place where it is to be displayed. The office requesting the artwork shall be liable for loss or damage while the artwork is in its possession. If an artwork is purchased and the funds are later found to be insufficient, the foundation shall still pay the artist fifteen per cent of the asking price.

9-D No permanent storage. If an artwork has been determined to be of display quality under section 9-A and has been left in the temporary possession of the foundation and not been requested to be displayed for a twenty-four month period, the foundation may request the artist to take possession of the artwork until such time as it may be requested to be displayed.

If an artist refuses to retake possession of an artwork, after a good faith effort to inform the artist in writing of the provisions of this section, the State may dispose of the artwork. If disposal is by sale, the State may retain all the proceeds upon a showing that the artist cannot be located. If the artist is located within one year of sale, the State shall transmit to the artist fifteen per cent of the purchase price.

9-E Artist's duty. If the artist sells or otherwise disposes of the artwork, the artist shall promptly notify the foundation, so that its description will no longer be circulated. An artist who fails to do so may have the artist's works dropped from the availability list.

9-F Rules. The foundation shall adopt rules pursuant to chapter 91 to implement this part, including a list of criteria for acceptance of artwork and determining state residency under section 9-A."

SECTION 2. 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 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;

(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[.]; and

(14) Establish rules and implement the sale of art in state offices law."

SECTION 3. Section 103-8.5, Hawaii Revised Statutes, is amended to read as follows:

"103-8.5 Works of art special fund. (a) There is created a works of art special fund, into which shall be transferred one per cent of all state fund appropriations for capital improvements designated for the construction cost element; provided that this transfer shall apply only to capital improvement appropriations that are designated for the construction or renovation of state buildings.

(b) [The] Except as provided in subsection (g), the works of art special fund shall be used solely for the following purposes:

(1) Costs related to the acquisition of works of art, including any consultant or staff services required to carry out the art in public places and relocatable works of art programs;

(2) Site modifications, display, and interpretive work necessary for the exhibition of works of art;

(3) Upkeep services, including maintenance, repair, and restoration of works of art; and

(4) Storing and transporting works of art.

(c) The one per cent amount, which is included in all capital improvement appropriations, shall be calculated at the time the appropriation bills are signed into law. The moneys shall be transferred into the works of art special fund upon availability of moneys from the appropriations. Each agency receiving capital improvement appropriations shall calculate the one per cent amount and transfer the moneys into the works of art special fund.

(d) [The] Except as provided in subsection (g), the comptroller and the state foundation on culture and the arts shall decide on the specific art objects to acquire, giving first consideration to placing appropriate pieces of art at the locations of the original appropriation.

The selection of, commissioning artists for, reviewing of design, execution, and placement of, and the acceptance of works of art shall be the responsibility of the comptroller and the state foundation on culture and the arts in consultation with the affected agency or department.

Expenditures from the works of art special fund shall be made by the comptroller.

(e) The comptroller shall:

(1) Provide each agency receiving capital improvement appropriations with information regarding items that shall be included and excluded from the one per cent amount;

(2) Ensure that each agency calculates its one per cent amount correctly; and

(3) Ensure that each agency transfers the correct amount to the works of art special fund in a timely manner.

(f) The comptroller and the executive director shall track amounts due from each agency under the one per cent requirement as provided in this section.

(g) Notwithstanding any other provision of law to the contrary, the works of art special fund may be used to purchase books, other library resources, and works of literacy art for the Hawaii state public library system. The selection and acquisition of library books and other resources on behalf of the state library system shall be made in accordance with section 312-3.9."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on October 25, 2081.