Bill Text: HI SB117 | 2012 | Regular Session | Introduced

Hawaii Senate Bill 117 (Prior Session Legislation)

Introduced

Bill Title: State Foundation on Culture and the Arts

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB117 Detail]

Download: Hawaii-2012-SB117-Introduced.html

THE SENATE	S.B. NO.	117
TWENTY-SIXTH LEGISLATURE, 2011
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. Chapter 9, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:

"§9- Sale of art inventory. (a) The foundation may sell art work in its inventory. The foundation shall adopt rules pursuant to chapter 91 to establish minimum criteria for the sale or other disposition of its collection.

(b) Any proceeds derived from the sale or other disposition of art work authorized under this section shall be deposited in the works of art special fund established pursuant to section 103-8.5.

§9- Art work in private entities. The foundation shall establish a program for lending art work in its collection to private entities and organizations at no charge; provided that the private entity displays the art work in a secure area with adequate exhibition space that is designed, operated, and maintained in a manner that preserves the archival integrity of the art work being displayed. The foundation may adopt rules pursuant to chapter 91 to establish additional criteria for borrowers, to prevent the degradation of all borrowed art work. For the purposes of this section, "borrower" means a private entity, business, or organization that borrows art from the foundation under the terms of this section."

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 that 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 and other grants and income 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 and the accomplishments of the art in public places and relocatable works of art programs and the state art museum;

(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:

(A) 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;

(B) 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

(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;

(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 in and commitment to the arts; and

(B) Enabling these artists to further their artistic goals;

(14) In consultation with the comptroller and affected agencies and departments, administer the art in public places and relocatable works of art programs established pursuant to section 103-8.5; [~~and~~]

(15) Administer the operations of the state art museum established pursuant to section 9-22[.]; and

(16) Collaborate with public and private sector entities to promote and display the works of art in its collection."

SECTION 3. Section 6E-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Subject to legislative authorization, the department may expend moneys from the fund:

(1) For permanent and temporary staff positions;

(2) To replenish goods;

(3) To produce public information materials;

(4) To provide financial assistance to public agencies and private agencies in accordance with chapter 42F involved in historic preservation activities other than those covered by section 6E-9; [~~and~~]

(5) To cover administrative and operational costs of the historic preservation program[.]; and

(6) To fund programs established by the state foundation on culture and the arts that promote traditional Hawaiian arts and cultural activities."

SECTION 4. Section 195F-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The program shall assist in the forest stewardship of public lands, including native Hawaiian cultural practices that promote forest stewardship pursuant to section 195F-4, and in developing education and training programs for sustainable forestry pursuant to section 195F-4(a)(2)."

SECTION 5. Section 195F-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is established a special fund within the state treasury known as the forest stewardship fund [~~which~~] that shall be used as follows:

(1) Payments shall be made by the board pursuant to agreements entered into with qualified landowners to further the purposes of this chapter;

(2) Moneys collected from:

(A) The harvest of non-native forest products from forest reserves;

(B) The harvest of native forest products from degraded forests as defined in section 186-5.5, within forest reserves;

(D) The sale of tree seedlings from state nurseries;

(E) The sale of any other products or services, or anything of value derived from forest reserves not described above; or

(F) The imposition of fines or penalties for violations of this chapter and chapters 183 and 185 or any rule adopted thereunder;

shall be used for: (i) replanting, managing, and maintaining designated timber management areas; (ii) enhancing the management of public forest reserves with an emphasis on restoring degraded koa forests; [~~and~~] (iii) developing environmental education and training programs pertaining to sustainable forestry; and (iv) supporting native Hawaiian programs established in consultation with the state foundation on culture and the arts that promote native Hawaiian practices of forest stewardship; provided that the activities described in clauses (ii) and (iii) may not be funded unless the activities described in approved management plans pertaining to clause (i) are adequately funded; and

(3) Moneys deposited into the fund as authorized by section 247-7 may also be used by the department to administer the program and manage the forest reserve system."

SECTION 6. Section 286-51, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) This part shall be administered by the director of finance in conjunction with the requirements of sections 249-1 to 249-13 and shall entail no additional expense or charge to the person registering the ownership of a motor vehicle other than as provided by this section or by other laws; provided that for each new certificate of ownership issued by the director of finance under section 286-52, the director of finance may charge a fee which shall be deposited in the general fund. The fees charged to issue a new certificate of ownership shall be established by the county's legislative body.

Notwithstanding any other law to the contrary, an additional fee of not more than $1 for each certificate of registration for a U-drive motor vehicle and $2 for each certificate of registration for all other motor vehicles may be established by ordinance and collected annually by the director of finance of each county, to be used and administered by each county:

(1) For the purpose of beautification and other related activities of highways under the ownership, control, and jurisdiction of each county; [~~and~~]

(2) To defray the additional cost in the disposition and other related activities of abandoned or derelict vehicles as prescribed in chapter 290. For the purposes of this paragraph, other related activities shall include but need not be limited to any and all storage fees that are negotiated between each county and a towing company contracted by the county to remove and dispose of abandoned or derelict vehicles[.]; and

(3) To fund programs established in consultation with the state foundation on culture and the arts that promote the incorporation of traditional Hawaiian arts and cultural activities or design characteristics in highway design or beautification projects.

The $2 fee established pursuant to this subsection for certificates of registration for motor vehicles other than U-drive motor vehicles may be increased by ordinance up to a maximum of $10; provided that all amounts received from any fee increase over $2 shall be expended only for the purposes of paragraph (2). The moneys so assessed and collected shall be placed in a revolving fund entitled, "the highway beautification and disposal of abandoned or derelict vehicles revolving fund".

SECTION 7. The state foundation on culture and the arts shall report to the legislature no later than twenty days prior to the convening of the 2012 legislative session, on the recommendations and strategies for implementing partnerships with public and private sector entities to promote and display the works of art in its collection.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2011.

INTRODUCED BY:	_____________________________

Report Title:

State Foundation on Culture and the Arts

Description:

Allows the state foundation on culture and the arts (SFCA) to sell its art inventory. Requires SFCA to collaborate with other public and private partnerships to promote traditional Hawaiian arts. Directs moneys from various revolving funds to support SFCA programs.

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