Report Title:
State Foundation on Culture & Arts; Haw'n. Cultural Practitioner
Description:
Creates an Office of Hawaiian Culture and Arts within the State Foundation on Culture and the Arts. Defines Hawaiian cultural practitioner. Amends the makeup of the State Foundation on Culture and the Arts Commission by requiring at least one member to be a Hawaiian cultural practitioner. Stipulates that 20% of the annual revenue of the works of art special fund shall be dedicated to the Office of Hawaiian Culture and Arts. (SD1)
THE SENATE |
S.B. NO. |
496 |
TWENTY-FIRST LEGISLATURE, 2001 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to 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 a new section to be appropriately designated and to read as follows:
"§9- Office of Hawaiian culture and arts; establishment. (a) There is created an office of Hawaiian culture and arts that shall be placed within the state foundation on culture and the arts for administrative purposes.
(b) The office shall be governed by a policymaking and oversight commission to be known as the Hawaiian culture and arts commission. The commission, pursuant to section 26-34, shall be composed of seven members, five of whom shall be Hawaiian cultural practitioners: three to be appointed by the governor; two to be appointed from a list submitted by the president of the senate; two to be appointed from a list submitted by the speaker of the house.
The term of each member shall be for four years commencing on July 1 and expiring on June 30; provided that there shall be appointed at least one member who resides in the county of Hawaii, one member who resides in the county of Kauai, and one member who resides in the county of Maui. The governor shall appoint the chairperson of the commission from among its members. The members of the commission shall serve without compensation, but shall be reimbursed for travel and other necessary expenses in the performance of their official duties.
(c) The office shall:
(1) Assist in coordinating the plans, programs, and activities of individuals, associations, corporations, and agencies concerned with the preservation and furtherance of Hawaiian culture, arts, history, and humanities;
(2) Establish written standards and criteria by which grant contracts shall be evaluated;
(3) Appraise the availability, adequacy, and accessibility of Hawaiian culture, arts, history, and humanities to all persons throughout the State and devise programs whereby Hawaiian culture, arts, history, and humanities can be brought to those who would otherwise not have the opportunity to participate;
(4) Stimulate, guide, and promote Hawaiian culture, arts, history, and humanities throughout the State;
(5) Devise and recommend legislative and administrative action for the preservation and furtherance of Hawaiian culture, arts, history, and humanities;
(6) Study the availability of and apply for private and governmental grants for the promotion and furtherance of Hawaiian culture, arts, history, and humanities;
(7) Administer funds allocated by grant, gift, or bequest to the office; accept, hold, disburse, and allocate funds that may become available from other governmental and private sources; provided that all 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 Hawaiian culture, arts, history, and humanities;
(8) Accept, hold, disburse, and allocate public funds that are made available to the office by the legislature for disbursement or allocation for the promotion and furtherance of Hawaiian culture, arts, history, and humanities;
(9) Submit an annual report with recommendations to the governor and legislature, prior to January 15, of each year. Annual reports shall include the total number and amount of gifts received, payroll disbursements, contracts entered into, and progress and accomplishments made during the year;
(10) In cooperation with qualified organizations conduct research, studies, and investigations in the fields of ethnohistory and the humanities; make, publish, and distribute works documenting the contributions of individual Hawaiian groups in their relationship to one another and to the whole population of Hawaii; place ethnohistorical and cultural materials developed by the office or received by the office as gifts and donations in public archives, libraries, and other suitable institutions accessible to the public; and maintain a register of the location of such materials;
(11) 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; and
(12) Establish an individual artist fellowship program to encourage Hawaiian artists to remain and work in Hawaii and to reaffirm the importance of Hawaiian artists and their cultural and economic contributions to the State by:
(A) Recognizing and honoring exceptionally talented visual and performing Hawaiian artists for their outstanding work and commitment in the arts; and
(B) Enabling these artists to further their artistic goals.
(d) The office shall adopt rules in accordance with chapter 91 for the purposes of administering this chapter."
SECTION 2. Section 9-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Hawaiian cultural practitioner" means a person who, by reason of education or extensive experience, is generally recognized as being professionally qualified in the practice of the customs and traditions exercised for but not limited to subsistence, cultural, and religious purposes possessed by the descendants of the aboriginal peoples inhabiting the Hawaiian islands which exercised sovereignty and subsisted in the Hawaiian islands in 1778."
SECTION 3. Section 9-2, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The foundation shall be governed by a policymaking and oversight commission to be known as the state foundation on culture and the arts commission. The commission shall be composed of nine members to be appointed and removed by the governor pursuant to section 26-34. The term of each member shall be for four years, commencing on July 1 and expiring on June 30; provided that for terms commencing after June 30, 2001, the governor shall appoint at least one member who is a Hawaiian cultural practitioner, and that for terms commencing on or after July 1, 1999, the governor shall appoint at least one member who resides in the county of Hawaii, one member who resides in the county of Kauai, and one member who resides in the county of Maui. The governor shall appoint the chairperson of the commission from among its members. The members of the commission shall serve without compensation, but shall be reimbursed for travel and other necessary expenses in the performance of their official duties."
SECTION 4. Section 103-8.5, Hawaii Revised Statutes, is amended 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;
(5) Operating costs of the office of Hawaiian culture and arts; provided that not less than twenty per cent of the moneys allocated annually to the works of art special fund shall be used for this purpose;
[(5)] (6) Reviewing, revising, and completing the Hawaii content and performance standards in the arts for all K-12 grade students; and
[(6)] (7) Developing a statewide strategic plan for grades K-12 arts education that incorporates and integrates the arts content and performance standards established in paragraph (5)."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.