Bill Text: HI SB406 | 2010 | Regular Session | Introduced

Hawaii Senate Bill 406 (Prior Session Legislation)

Introduced

Bill Title: Culture and Arts; Works of Art Special Fund

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB406 Detail]

Download: Hawaii-2010-SB406-Introduced.html

Report Title:

Culture and Arts; Works of Art Special Fund

Description:

Allows expenditures from works of art special fund for acquisition of works of art for the Bernice Pauahi Bishop Museum and Iolani Palace.

THE SENATE	S.B. NO.	406
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO WORKS OF ART SPECIAL FUND.

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

SECTION 1. Section 6E-35, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) To receive state funds, including funds under section 103-8.5, the State of Hawaii Museum of Monarchy History shall:

(1) Be licensed or accredited, in accordance with federal, state, or county statutes, rules, or ordinances, to conduct the activities or provide the services for which funds are appropriated;

(2) Comply with all applicable federal and state laws prohibiting discrimination against any person on the basis of race, color, national origin, religion, creed, sex, age, sexual orientation, or disability;

(3) Agree not to use the funds for entertainment or lobbying activities;

(4) Be incorporated under the laws of the State;

(5) Have bylaws or policies that describe the manner in which the activities or services for which a grant or subsidy is awarded shall be conducted or provided;

(6) Have been determined and designated to be a tax-exempt organization by the Internal Revenue Service; and

(7) Have a governing board whose members shall have no material conflict of interest and serve without compensation."

SECTION 2. Section 6E-40, Hawaii Revised Statutes, is amended to read as follows:

"§6E-40 Bernice Pauahi Bishop Museum. The official designation of the Bernice Pauahi Bishop Museum shall be the State of Hawaii Museum of Natural and Cultural History. The qualifying standards and conditions related to the receipt of funds contained in chapter 42F shall not apply to funds received by the State of Hawaii Museum of Natural and Cultural History; provided that if the museum in turn contracts with a recipient or provider, then the qualifying standards, conditions, and other provisions of chapter 42F shall apply to the recipient or provider and the contract.

The Bernice Pauahi Bishop Museum may receive funds from the works of art special fund established by section 103-8.5."

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

1. By amending subsection (b) to read as follows:

"(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, 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[.]; and

(5) Costs related to the acquisition, display, disposal, upkeep, maintenance, repair, and restoration of works of art, artifacts, or historical buildings, for the:

(A) Iolani Palace, as provided under section 6E-35; and

(B) Bernice Pauahi Bishop Museum, as provided under section 6E-40."

2. By amending subsections (d), (e), and (f) to read as follows:

"(d) [~~The~~] For purposes of subsection (b), the comptroller and the [~~state~~]:

(1) State foundation on culture and the arts [~~shall~~] with respect to works of art in public places;

(2) State of Hawaii Museum of Monarchy History with respect to works of art, artifacts, and projects for upkeep of historical buildings for the Iolani Palace; and

(3) Bernice Pauahi Bishop Museum with respect to works of art, artifacts, and projects for the upkeep of historical buildings for the museum;

shall decide on the specific art objects or artifacts, as applicable, to acquire, giving first consideration to placing appropriate pieces of art at the locations of the original appropriation[.] for placement of works of art in public places, as well as decide on the specific projects for the upkeep of historical buildings. Acquisition and placement of pieces of art and artifacts in the Bernice Pauahi Bishop Museum and the Iolani Palace shall be solely determined by that museum or the Iolani Palace, as applicable.

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

The selection of works of art and artifacts, not including the commissioning of artists, for the Iolani Palace and the Bernice Pauahi Bishop Museum shall be the responsibility of the comptroller and the State of Hawaii Museum of Monarchy History or the Bernice Pauahi Bishop Museum, as applicable.

Expenditures from the works of art special fund shall be made by the comptroller. The Iolani Palace and the Bernice Pauahi Bishop Museum shall be entitled to expenditures from the works of art special fund, notwithstanding the absence of one per cent transfer of moneys into the fund under subsection (a) from these entities. The comptroller shall adopt rules pursuant to chapter 91 necessary for purposes of expenditures from the works of art special fund to the Iolani Palace and the Bernice Pauahi Bishop Museum.

(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.

The Bernice Pauahi Bishop Museum and the Iolani Palace shall be exempt from this subsection.

(f) The comptroller and the executive director shall track amounts due from each agency, except the Bernice Pauahi Bishop Museum and the Iolani Palace, under the one per cent requirement as provided in this section."

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

SECTION 5. This Act shall take effect on July 1, 2009.