HB993 HD1

SECTION 1. The legislature finds that the programs of the state foundation on culture and the arts (foundation) are one of the primary ways in which art in Hawaii is made available to the public, and interest in the arts is encouraged. Among the foundation's most successful efforts is its implementation of the art in public places program, which has provided public venues for the display of professional and student artwork. The legislature finds, however, that the program does impose certain constraints on the types of art that are publicly featured, and that genres such as theater, music, and dance may not be given an equal share in the public's awareness through the programs of the state foundation on culture and the arts.

The purpose of this Act is to integrate performance arts into the types of arts made available to the public through the foundation by requiring the foundation to develop a program that prioritizes performance art, and that, among other things, gives preference to performers from the community and emphasizes student performance. In addition this Act:

(1) Requires the foundation to make recommendations regarding needed appropriations to support statewide cultural extension programs;

(2) Includes the University of Hawaii outreach college extension program, community colleges, and other community organizations in the list of partners for the foundation to fully implement the Hawaii arts education strategic plan; and

(3) Changes the deadline for submitting the foundation's annual report to December 31 of each year.

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; provided that recommendations shall be made regarding needed appropriations to support statewide cultural extension programs;

(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,~~] December 31, 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 University of Hawaii outreach college extension program, the community colleges, the Hawaii Association of Independent Schools, [~~and~~] the Hawaii Alliance for Art Education, and other community organizations 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) Develop a program that prioritizes performance art, including theater, music, and dance, and:

(A) Gives preference to performers from the community;

(B) Emphasizes student performance;

(C) Considers and uses locations such as parks and gymnasiums administered by state agencies when selecting venues for performances; and

(D) Contracts with local theaters to stage student performances in the event that a school is unable to provide an appropriate venue;

[~~(11)~~](12) 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)~~](13) 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)~~](14) 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)~~](15) 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)~~](16) Administer the operations of the state art museum established pursuant to section 9-22."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on January 1, 2025.

HOUSE OF REPRESENTATIVES	H.B. NO.	993
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII