THE SENATE

S.B. NO.

2399

TWENTY-SIXTH LEGISLATURE, 2012

S.D. 1

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.  The legislature finds that 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 create graffiti illegally.

     The purpose of this Act is to create a pilot program for the creation of urban art under the direction of the state foundation on culture and the arts.

     SECTION 2.  (a)  There is established a pilot program for the creation of urban art under the direction of the state foundation on culture and the arts.

     (b)  The state foundation on culture and the arts shall establish procedures that permit an individual or individuals to create urban art on property owned in fee simple by the State.  The procedures shall address the following, at a minimum:

     (1)  Selection of the individuals to participate;

     (2)  Requirements as to the type and size of the urban art and art materials to be used;

     (3)  Rights to copyrights of urban art;

     (4)  Limitations on access to state property, including safety and security considerations; and

     (5)  Any other considerations that the state foundation on culture and the arts deems appropriate.

     (c)  The state foundation on culture and the arts shall consult with the historic preservation division of the department of land and natural resources to review any proposal to create urban art to determine if the urban art may cause an adverse effect to a historic property, pursuant to process and standards for public projects under section 6E-8, Hawaii Revised Statutes.  If the historic preservation division determines that a proposal to create urban art would adversely affect a historic or cultural property, the urban art shall not be permitted.

     (d)  The pilot project to create urban art shall be repealed on June 30, 2015.

     (e)  The state foundation on culture and the arts shall report to the legislature no later than twenty days prior to the convening of the regular session of 2015 on the status of the pilot project to create urban art and any recommendation to extend the project on a permanent basis.

     (f)  For the purposes of this section:

     "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.

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



 

Report Title:

Urban Art; State Foundation on Culture and the Arts

 

Description:

Establishes a pilot program pilot program for the creation of urban art under the direction of the state foundation on culture and the arts; repeals 6/30/2015; requires report to 2015 legislature.  (SD1)

 

 

 

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