Bill Text: HI HB2593 | 2014 | Regular Session | Amended


Bill Title: Urban Art; State Foundation on Culture and the Arts

Spectrum: Moderate Partisan Bill (Democrat 16-3)

Status: (Engrossed - Dead) 2014-03-17 - Report adopted; Passed Second Reading and referred to WAM. [HB2593 Detail]

Download: Hawaii-2014-HB2593-Amended.html

HOUSE OF REPRESENTATIVES

H.B. NO.

2593

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO URBAN ART.

 

 

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

 


     SECTION 1.  Defined in the Hawaii Revised Statutes as "any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances," graffiti is a pervasive problem in many communities throughout the State, causing visual blight, resulting in unsightly scenery, and negatively impacting property values.  The legislature finds that the negative impacts of graffiti make it an issue of great concern, and to date, the problem persists despite community efforts to combat it.

     The legislature further finds that while these negative effects cannot be ignored, graffiti is also recognized as a legitimate artistic genre.  As urban art, the graffiti style has historically been used as social and political commentary and numerous publications have treated the subject as such.  Although there are different theories regarding the purpose and effectiveness of urban art projects as a deterrent to graffiti, a popular theory posits that authorized outlets for urban art throughout a community will mitigate instances of graffiti.

     The legislature further finds that providing legitimate, state-owned venues for urban art will enrich the State's communities in many ways, including reducing graffiti by expanding opportunities for appropriate creative social expression.

     The purpose of this Act is to create a pilot program for the creation of urban art under the direction of the state foundation on culture and the arts.

     SECTION 2.  (a)  There is established a pilot program under the direction of the state foundation on culture and the arts for the creation of urban art on state-owned property.

     (b)  The state foundation on culture and the arts, in consultation with the department of accounting and general services, the department of transportation, the department of land and natural resources, the state historic preservation division of the department of land and natural resources, and any other stakeholders deemed appropriate by the state foundation on culture and the arts, shall establish procedures for the pilot program, including procedures that address the following:

     (1)  The selection of participating individuals;

     (2)  Site selection and designation of specific areas for urban art on state-owned property;

     (3)  Requirements and guidelines regarding the type and size of urban art and art material to be used;

     (4)  Copyrights for the urban art created under the pilot program;

     (5)  Limitations, as necessary, on access to state-owned property used for urban art, such as requirements for safety and security; and

     (6)  Any other considerations that the state foundation on culture and the arts deems appropriate.

     (c)  The state foundation on culture and the arts shall consult with the historic preservation division of the department of land and natural resources, Historic Hawaii Foundation, and any other stakeholders that the state foundation on culture and the arts deems appropriate to review the creation of urban art under the pilot program to ensure that the art does not negatively impact historic property.  The review of an urban art proposal shall proceed in accordance with section 6E-8, Hawaii Revised Statutes.  Any urban art proposal for which the department of land and natural resources provides written non-concurrence, pursuant to section 6E-8(a), Hawaii Revised Statutes, shall not be permitted.

     (d)  As used in this Act, "urban art" means any painting or artistic work composed in black and white or arrangements of color, including mosaics, murals, stencil art, and other art media and techniques.  Urban art excludes:

     (1)  Painting or work placed on a structure that is erected for the sole or primary purpose of signage; and

     (2)  Graffiti as defined in section 46-1.5(24)(C) or 577-3.5(a), Hawaii Revised Statutes.

     (e)  The state foundation on culture and the arts shall report to the legislature no later than twenty days prior to the convening of the regular session of 2016 on the status of the pilot program for the creation of urban art and shall submit its findings and recommendations, including any proposed legislation, regarding continuation of the program on a permanent basis.  The report shall also include recommendations to reduce illicit graffiti.

     (f)  The pilot program for the creation of urban art shall be repealed on June 30, 2016.

     SECTION 3.  This Act shall take effect on July 1, 2030.



 

Report Title:

Urban Art; State Foundation on Culture and the Arts

 

Description:

Establishes a pilot program for the creation of urban art under the direction of the State Foundation on Culture and the Arts, to be repealed on June 30, 2016.  Effective July 1, 2030.  (HB2593 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

 

 

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