THE SENATE	S.B. NO.	2399
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

Relating to urban art.

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

     SECTION 1.  This Act shall be known and may be cited as the Urban Art Act of 2012.  Throughout our State, graffiti is a problem in most communities.  Graffiti appears on public and private property, causes visual blight, and results in unsightly scenery.  Individuals engaging in graffiti typically tag buildings, walls, bus stops, bridges, underpasses, construction sites, concrete columns, postal mail boxes, signs, trees, vehicles, and other surfaces able to accommodate their marks and messages.  In some cases, taggers place themselves in dangerous situations that could lead to injury or death.  To date, the problem persists despite community efforts to combat graffiti.

     The legislature finds that if individuals are given an opportunity to create certain types of urban art on public property, these individuals may be less likely to illegally create graffiti.  The viaduct adjacent to Honolulu International Airport could be a setting for urban art.  At this location beneath the H-1 freeway, there are hundreds of concrete columns that could be used as canvasses for urban art.  Artists could showcase their talents by filling those blank canvasses with images, representations, and other forms of artistic expression. 

     The purpose of this Act is to create a program that offers an artistic outlet for individuals who would like to showcase their artistic abilities on public property, as approved by the appropriate authorities.

     SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

URBAN ART

§   ‑1  Short title.  This chapter shall be known and may be cited as the Urban Art Act of 2012.

     §   ‑2  Definitions.  As used in this part, the following terms shall have the following respective meanings, unless the context requires otherwise:

     "Director" or "director of a state department" means the department head of any principal department established in section 26-4.

     "Graffiti" means any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances.

     "Individual" means a natural person.

     "State agency" means all executive departments, boards, and commissions of the State and all public corporations created by the legislature.  Every board, commission, or public corporation established or placed within a principal department for administrative purposes or subject to the administrative control or supervision of the head of the department shall be deemed a state agency.

     "State department" means any of the principal departments listed in section 26-4, including the university of Hawaii.

     "Urban art" means any painting or artistic work composed of arrangements of color or white.  Urban art includes mosaics, murals, stencil art, and other art media and techniques.  Urban art excludes a painting or work placed on a structure that is erected for the sole or primary purpose of signage. 

     §   ‑3  Urban art on state property authorized.  (a)  A director of a state department may permit an individual or individuals to create urban art on property owned in fee simple by the State that is under the jurisdiction of the director's department, including but not limited to property under the jurisdiction of a state agency that is administratively attached to or placed within the department.  From the date a director permits an individual or individuals to create urban art, the individual or individuals shall have six months to complete the urban art. 

     (b)  The director shall inform the individual or individuals who receive permission to create urban art under this section of the location and size of the area within which paint, ink, chalk, dye, or other similar substances may be applied.  The individual or individuals may create the urban art on concrete pillars, concrete walls, concrete columns, or other similar areas.

     (c)  The application by an individual of any paint, ink, chalk, dye, or similar substances to state property to create urban art permitted under this section shall not constitute a violation of part III of chapter 708 or graffiti for the purposes of section 46-1.5, 577-3.5, or 708-823.6.

§   ‑4  Selection of individuals; review and acceptance of urban art.  (a)  A director who authorizes urban art under section    ‑3, in consultation with the state foundation on culture and the arts, shall select individuals to create urban art.  The director shall also review the design, creation, and placement of the urban art.

     (b)  A director may, at any time, remove, alter, modify, or distort urban art permitted under section    ‑3 and any paint, ink, chalk, dye, or other similar substances applied to state property to create urban art permitted under section    ‑3.

§   ‑5  Rights to copyrights of urban art.  The State shall be the owner of any copyright arising out of or resulting from urban art permitted under section    ‑3.  An individual who creates urban art permitted under section    ‑3 forfeits all rights to ownership of copyright in the urban art or any aspect of the urban art.

§   ‑6  Limitations on access to state property.  (a)  The department of accounting and general services, in consultation with the director who authorizes the urban art, or the director's designee, shall coordinate access to state property for the individual or individuals permitted to create urban art.

     (b)  Nothing in this chapter shall be construed to limit any right of action of the State arising from any property damage or trespass.

     §   ‑7  Supplies.  A state agency that is affected by urban art may provide supplies for the creation of the urban art.  The supplies may include but are not limited to paint, ink, chalk, dye, or other similar substances.

§   ‑8  Indemnification.  Every individual who enters onto state property to create urban art shall indemnify and hold harmless the state department that authorized creation of the urban art and the State of Hawaii and its officers, agents, and employees from and against any and all claims arising out of or resulting from any activities associated with the urban art, and procure sufficient insurance to provide this indemnification if requested to do so by the affected state department or agency."

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Urban Art; State Foundation on Culture and the Arts

Description:

Authorizes a director of a state department to permit an individual or individuals to create urban art on property owned in fee simple by the State that is under the jurisdiction of the director's department.  Requires a director who authorizes urban art, in consultation with the state foundation on culture and the arts, to select individuals to create the urban art.

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