HB1378 HD1

SECTION 1. The legislature finds that the mission of the state foundation on culture and the arts is to promote, perpetuate, preserve, and encourage culture and the arts as central to the quality of life and people of the State. One of the foundation's strategic priorities includes increasing public accessibility to arts and culture.

The foundation administers the state art museum and the art in public places and relocatable works of art programs, using the works of art special fund created pursuant to section 103‑8.5, Hawaii Revised Statutes, and also issues grants through its foundation grants program. The museum and these programs aim to support, promote, and recognize the excellence of the State's diverse artists; create, display, and maintain in public places and the state art museum a collection of works of art that represent the diversity and excellence of the State's artistic expression; and provide the fullest possible access to the highest quality aesthetic and educational experiences available to all the citizens of the State.

The legislature further finds that the performing arts also represent various mediums that express creativity through singing, dancing, theatre, and musical performances. To ensure a wide range of artistic creativity and expression in the State, performing arts should also be recognized as a medium to provide the State's residents and visitors with creative, educational, and aesthetic performances that tell meaningful stories and provide engaging experiences.

The purpose of this Act is to further the foundation's endeavors by:

(1) Establishing the performing arts grants program, under the foundation's existing foundation grant program, to support performing arts in the State;

(2) Establishing the performing arts grants special fund;

(3) Clarifying the scope of the state foundation on culture and the arts' responsibilities to include the coordination, planning, promotion, marketing, and execution of performing arts events; and

(4) Appropriating funds to provide grants under the performing arts grants program.

SECTION 2. Chapter 9, Hawaii Revised Statutes, is amended by adding two new sections to part II to be appropriately designated and to read as follows:

"§9- Performing arts grants program. (a) There is established a performing arts grants program, to be placed in the foundation for administrative purposes, to provide grants for the coordination, planning, promotion, marketing, and execution of performing arts events.

(b) The foundation shall administer the performing arts grants program in accordance with this part.

(c) The foundation shall submit an annual report of performing arts grants awarded and the outcomes of each performing arts event that received a grant to the legislature no later than twenty days prior to the convening of the regular session of 2026 and every regular session thereafter.

§9- Performing arts grants special fund. (a) There is established in the state treasury the performing arts grants special fund, to be administered by the foundation. The revenues of the special fund shall consist of:

(1) Appropriations made by the legislature;

(2) Revenues or moneys derived from the foundation's operations;

(3) Grants, gifts, and donations received by the foundation; and

(4) All interest earned on moneys deposited in the fund.

The special fund shall be used for the coordination, planning, promotion, marketing, and execution of performing arts events.

(b) The foundation shall oversee and administer grants for the coordination, planning, promotion, marketing, and execution of performing arts events. Applications for grants shall be made to the foundation and contain such information as the foundation shall require. At minimum, the applicant shall show:

(1) The name of the requesting organization and individual;

(2) The purpose of the grant;

(3) The service to be supported by the grant;

(4) The target group to be benefited;

(5) The costs of the grant; and

(6) That the grant shall be used for activities that are consistent with the purposes of this chapter.

(1) The applicant has applied for or received all applicable licenses and permits, when such is required to conduct the work for which a grant is awarded;

(2) The applicant agrees to comply with applicable federal, state, and county laws;

(3) All activities and improvements undertaken with funds received shall comply with all applicable federal, state, and county statutes and ordinances, including applicable building codes and agency rules; and

(4) The applicant will indemnify and hold harmless the foundation, the State of Hawaii, and its officers, agents, and employees from and against any and all claims arising out of or resulting from activities carried out or projects undertaken with funds provided hereunder.

Every grant shall be monitored by the foundation to ensure compliance with this chapter and the purposes and intent of the grant and shall be evaluated annually to determine whether the grant attained the intended results in the manner contemplated."

SECTION 3. Section 9-1, Hawaii Revised Statutes, is amended as follows:

1. By adding a new definition to be appropriately inserted and to read:

""Performing arts" includes arts or skills that are intended to be performed before an audience, including but not limited to dance, singing, musical performances, and theater."

2. By amending the definition of "arts" to read:

""Arts" includes music, dance, painting, drawing, sculpture, architecture, drama, poetry, prose, crafts, industrial design, interior design, fashion design, photography, television, motion picture art, unique or decorative plants, landscaping, and all other performing arts and creative activity of imagination and beauty."

SECTION 4. Section 9-21, Hawaii Revised Statutes, is amended to read as follows:

"[[]§9-21[]] Purpose. The foundation shall administer the art in public places and relocatable works of art programs, pursuant to section 103-8.5, and the state art museum to achieve the following purposes:

(1) Replace in public state buildings the natural beauty displaced in construction with works of art expressive of the State's cultural, creative, and traditional arts of its various ethnic groups;

(2) Support, promote, and recognize excellence of the State's diverse cultural, creative, and traditional artists; and

(3) Create, display, and maintain in public places and the state art museum a collection of works of art, and coordinate, plan, promote, market, and execute performing arts events, that:

(A) [~~Represents~~] Represent the diversity and excellence of the State's artistic expression; and

(B) [~~Provides~~] Provide to all the citizens of the State the fullest possible access to the highest quality aesthetic and educational experiences available."

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to provide grants under the performing arts grants program.

The sums appropriated shall be expended by the state foundation on culture and the arts for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1378
THIRTY-THIRD LEGISLATURE, 2025		H.D. 1
STATE OF HAWAII