Hawaii-2011-HB232-Introduced

SECTION 1. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to subpart M of part IV to be appropriately designated and to read as follows:

"§304A- Student art; works of art special fund. Student art created with the use of funds acquired by the department of art and art history through the works of art special fund pursuant to section 103-8.5 shall be subject to purchase by the comptroller and the state foundation on culture and the arts for use in the art in public places and relocatable works of art programs."

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to subpart C of part II to be appropriately designated and to read as follows:

"§302A- Student art; works of art special fund. Student art created with the use of funds acquired by a public high school through the works of art special fund pursuant to section 103-8.5 shall be subject to purchase by the comptroller and the state foundation on culture and the arts for use in the art in public places and relocatable works of art programs."

SECTION 3. Section 9-21, Hawaii Revised Statutes, is amended to read as follows:

"[[]§9-21[]] 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 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[;], including high school and university students; 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."

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 the purchase of art from Hawaii public high schools and the University of Hawaii department of art and art history, and 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;

(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 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.~~]; provided that a portion of the total moneys in the works of art special fund shall be used for the acquisition of art from Hawaii public high schools and the University of Hawaii department of art and art history pursuant to subsection (e).

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.

(e) One-third of the total moneys in the works of art special fund shall be used for the acquisition of student art from Hawaii public high schools. One-third of the total moneys in the works of art special fund shall be used for the acquisition of student art from the University of Hawaii department of art and art history. Student art acquired pursuant to this subsection shall be purchased from the art department at the respective public high school or from the University of Hawaii department of art and art history; provided that no art shall be commissioned by or purchased directly from a student; and provided further that no remuneration shall be offered or paid to a student.

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

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

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, 2011.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	232
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII