HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE STATE FOUNDATION ON CULTURE AND THE ARTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the mission of the state foundation on culture and the arts is to promote, perpetuate, preserve, and encourage culture and the arts as central to the quality of life and people of Hawaii. The foundation's strategic priorities include increasing public accessibility to arts and culture.
The foundation administers the state art museum and the art in public places and relocatable works of art programs, using the works of art special fund created pursuant to section 103‑8.5, Hawaii Revised Statutes. The museum and these programs aim to support, promote, and recognize the excellence of the State's diverse artists and create, display, and maintain in public places and the state art museum, a collection of works of art that represent the diversity and excellence of the State's artistic expression and provide the fullest possible access to the highest quality aesthetic and educational experiences available to all the citizens of the State.
The purpose of this Act is to further the foundation's endeavors by allowing the works of art special fund to be used for the support and promotion of performing arts in the State.
SECTION 2. Section 9-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Performance of art" means to recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible.
"Performing arts" are arts or skills that are intended to be performed for an audience. "Performing arts" includes but is not limited to dance, choreography, singing, lyrics, motion pictures, music, theater pantomime, screenplays, sound recordings, and similar types of works."
SECTION 3. Chapter 9, part III, Hawaii Revised Statutes, is amended as follows:
1. By amending its title to read:
III.[ ]] ART
IN PUBLIC PLACES AND RELOCATABLE WORKS OF [ ART[ ]]
PROGRAMS AND STATE ART MUSEUM"
2. By adding a new section to be appropriately designated and to read:
"§9- Definitions. As used in this part:
"Display" includes the act of posting for public view and listening, a recording of a work of art at presentation sites maintained by the foundation or the state art museum.
"Works of art" includes works of performing arts; provided that:
(1) The performance shall be recorded as an audio file, video file, audiovisual file, or other medium intended to be shown by or through the use of machines or devices such as projectors, viewers, or electronic equipment or device, together with accompanying sounds, if any;
(2) The recording of the performance shall be archived and maintained by the foundation or the state art museum as property of the State;
(3) The State shall have whole and exclusive copyrights in the performance and its recordings pursuant to the works made for hire doctrine under Title 17, United States Code; and
(4) The recording of the performance shall be displayed for viewing and listening at presentation sites, in a format determined by the comptroller and the foundation to be most easily accessible to the public."
SECTION 4. 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. The one per cent transfer requirement shall not apply to appropriations from the passenger facility charge special fund established by section 261-5.5 and the rental motor vehicle customer facility charge special fund established under section 261-5.6.
(b) 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, public display, and interpretive work necessary for the exhibition, performance, and recording of works of art;
(3) Upkeep services,
including maintenance, repair, and restoration of works of art[
works of performing arts; 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.
The comptroller and the state foundation on culture and the arts shall
decide on the specific works of art [
objects] to acquire, giving
first consideration to placing appropriate pieces of art at the locations of
the original appropriation[ .], when applicable.
and the state foundation on culture and the arts, in consultation with the
affected agency or department, shall be responsible for the selection
,]; commissioning of artists
for[ ,]; reviewing of the design, content, execution,
performance, recording and placement of[ ,]; and [ the]
acceptance of the 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) For the purposes of this section:
"Performance of art" has the same meaning as defined in section 9-1.
"Public display" and "works of art" has the same meaning as defined in 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 on July 1, 2065.
State Foundation on Culture and the Arts; Culture and Arts; Performing Arts
Allows the works of art special fund to be used for performing arts, under certain conditions. Includes posting of a recording of performing art as a form of public display. Defines performing arts. Effective 7/1/2065. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.