Report Title:

Works of Art Special Fund

Description:

Increases the amount of state fund appropriations for capital improvement construction costs earmarked for the Works of Art Special Fund (Special Fund) from one to two percent.  Allows 50 percent of the Special Fund to be used for capital improvement projects, the purchase of facilities, and repair and maintenance of facilities dedicated to culture and the arts.  (HB601 HD1)

HOUSE OF REPRESENTATIVES	H.B. NO.	601
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE WORKS OF ART SPECIAL FUND.

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

     SECTION 1.  Section 103-8.5, Hawaii Revised Statutes, is amended as follows:

     1. By amending subsections (a), (b), and (c) to read:

     "(a)  There is created a works of art special fund, into which shall be transferred [one] two 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] two 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 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 incurred for capital improvement projects, the purchase of facilities, and for the repair and maintenance of facilities dedicated to culture and the arts; provided that:

(A) Up to fifty per cent of the moneys in the works of art special fund may be used for this purpose; and

(B) The two per cent requirement as provided in this section shall not apply to the capital improvement projects in this paragraph.

     (c)  The [one] two 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 special fund upon availability of moneys from the appropriations.  Each agency receiving capital improvement appropriations shall calculate the [one] two per cent amount and transfer the moneys into the works of art special fund."

     2.  By amending subsections (e) and (f) to read:

     "(e)  The comptroller shall:

     (1)  Provide each agency receiving capital improvement appropriations with information regarding items that shall be included and excluded from the [one] two per cent amount;

     (2)  Ensure that each agency calculates its [one] two per cent amount correctly; and

     (3)  Ensure that each agency transfers the correct amount to the works of art special fund in a timely manner.

     (f)  The comptroller and the executive director shall track amounts due from each agency under the [one] two per cent transfer requirement as provided in this section."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2112.