Bill Text: HI SB751 | 2011 | Regular Session | Introduced

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Bill Title: Works of Art Special Fund

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-04 - (S) The committee(s) on EDT deleted the measure from the public hearing scheduled on 02-04-11 2:00PM in conference room 016. [SB751 Detail]

Download: Hawaii-2011-SB751-Introduced.html

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THE SENATE	S.B. NO.	751
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the arts, culture, and heritage.

 

 

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

 

     SECTION 1.  In recent years, Hawaii has experienced the largest economic downturn in the State's history, and full recovery is still years away.  Given the enormity of the cuts in the current biennium budget and uncertainties surrounding the State's budget for the coming biennium, it is likely that the funding for arts, culture, and heritage programs throughout the islands will continue to suffer from funding shortfalls.

     The demise of the Honolulu Symphony, the uncertain future of Kumu Kahua Theatre, the potential merger of two of Hawaii's largest private museums – the Honolulu Academy of Arts and the Contemporary Museum – and program and staffing cuts throughout the State's arts, culture, and heritage organizations have had a devastating impact on communities statewide.

     For example, the state foundation on culture and the arts grants budget of $2,200,000 in fiscal biennium 2007-2009, leveraged an additional $28,200,000 into Hawaii's economy and was, in effect, more than a twelve-to-one match from federal and private sources.  Elimination of that funding could result in the loss of 2,357 jobs that contribute over $1,000,000 to the State's economy in taxable income.

     During these economically challenging times, Hawaii's diverse range of arts, culture, and heritage offerings also plays an important role in preserving the uniqueness of the Hawaii visitor experience and maintaining a steady flow of visitors to Hawaii's shores from the mainland and overseas.

     The legislature finds that, in the current economic climate, it is necessary to draw upon alternative funding sources to protect the viability of Hawaii's unique arts, culture, and heritage programs.  The legislature further finds that, as a result of projected accelerated construction programming, the works of art special fund will experience an increase in the level of bond proceeds deposited into the fund.

     The purpose of this Act is to expand the uses of the works of art special fund and to rename the fund to reflect this new direction.

     SECTION 2.  Section 9-22, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§9-22[]]  State art museum; establishment.  The state art museum is established within the foundation.  The operations of the state art museum shall be funded and supported by the [works of art] arts, culture, and heritage special fund, pursuant to section 103-8.5."

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

     "§103-8.5  [Works of art] Arts, culture, and heritage special fund.  (a)  There is created [a works of art] an arts, culture, and heritage 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] arts, culture, and heritage 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 site modifications, display, and interpretive work necessary to enhance the visitor experience for the Bernice Pauahi Bishop Museum, Iolani Palace, and Washington Place, including specific renovations and repairs to restore these facilities to a condition reflecting their status in Hawaii's history and the unique heritage of its arts and culture.

     (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] arts, culture, and heritage special fund upon availability of moneys from the appropriations[.] for expenditure by the comptroller in consultation with the state foundation on culture and the arts pursuant to subsection (d) and (f); provided that from July 1, 2011, through June 30, 2015, when the transferred moneys exceed $           annually, any moneys in excess of $          , but not more than $          , shall be expended by the comptroller for the purposes of subsection (b)(5), pursuant to subsection (e).  Each agency receiving capital improvement appropriations shall calculate the one per cent amount and transfer the moneys into the [works of art] arts, culture, and heritage 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.

     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)  The comptroller and the Bernice Pauahi Bishop Museum, Iolani Palace, and Washington Place shall decide on the specific site modifications, display, interpretive work, and renovations and repair projects to be undertaken at the respective facilities.

     (f)  Expenditures from the [works of art] arts, culture, and heritage special fund shall be made by the comptroller.

     [(e)] (g)  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] arts, culture, and heritage special fund in a timely manner.

     [(f)] (h)  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 4.  The comptroller shall submit to the governor and the legislature:

     (1)  At least twenty days prior to the convening of the regular sessions of 2012, 2013, and 2014, a complete and detailed report on any site modifications, display, interpretive work, and specific renovations and repairs for the Bernice Pauahi Bishop Museum, Iolani Palace, and Washington Place; and

     (2)  At least twenty days prior to the convening of the regular session of 2015, a final report on the projects and expenditures for Bernice Pauahi Bishop Museum, Iolani Palace, and Washington Place, as well as recommendations for a long-term plan to restore and protect state-owned historic heritage properties and facilities to ensure that all Hawaii residents and visitors are able to access and benefit from the arts, culture, and heritage experiences they provide.

     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:	_____________________________

 

 

Report Title:

Works of Art Special Fund

 

Description:

Changes the name of the works of art special fund to an arts, culture, and heritage special fund; expands the uses of the fund to include site modifications, display, interpretive work, and specific renovations and repairs for the Bernice Pauahi Bishop Museum, Iolani Palace, and Washington Place for the period from July 1, 2011, to June 30, 2015; requires report and long-range plan.

 

 

 

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