REPORT TITLE:
State Fdn on Culture & Arts


DESCRIPTION:
Amends the law relating to the SFCA by clarifying the roles of
the commission, executive director, and staff.  Specifies that
agencies receiving capital improvement appropriations are
responsible for calculating the 1% due to the works of art
special fund, and that the comptroller and executive director
track all amounts due from each agency.  Stipulates that at least
three commission members reside on the neighbor islands.
Designates SFCA as the lead agency for arts education responsible
for the review, revision, and completion of the Hawaii content
and performance standards in the arts for grades K-12 and the
development a statewide strategic plan.  (SB1011 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1011
THE SENATE                              S.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE STATE FOUNDATION ON CULTURE AND THE ARTS.



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

 1      SECTION 1.  Since its inception in 1965, the legislature has
 
 2 charged the state foundation on culture and the arts with the
 
 3 task of stimulating, guiding, and promoting culture, arts,
 
 4 history, and the humanities throughout the State.  Within this
 
 5 framework, the commission's members have a fundamental role in
 
 6 focusing on the foundation's mission and ensuring that the
 
 7 organization's objectives are in harmony with that mission.
 
 8 Thus, the legislature believes that a clearer direction would
 
 9 enable the foundation to meet its challenges as it enters the new
 
10 millennium.
 
11      The legislature notes that across the country, art
 
12 foundations have evolved to remain relevant and vibrant, and able
 
13 to play a significant, if not the central force, in promoting
 
14 culture and the arts in their respective communities.  The
 
15 legislature further believes that the foundation can and must
 
16 occupy such a position in Hawaii and should be the lead state
 
17 agency in this area.
 
18      Given the state's geographic location and cultural
 
19 influences from not only the east and west, but indigenous
 
20 Polynesia as well, the legislature acknowledges Hawaii as the
 

 
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 1 cradle of unique cultural and artistic forms manifested in dance,
 
 2 music, theater, and the visual arts that are recognized
 
 3 throughout the world.  The foundation can and must be the premier
 
 4 entity in cultivating art in this light and extending its reach
 
 5 to the youngsters of this State.  From a humanitarian
 
 6 perspective, studying the arts not only broadens a child's
 
 7 perspective of the immediate environment, but also creates a
 
 8 heightened sense of awareness and connection with the past and
 
 9 present occupants and stewards of this world.
 
10      The legislature also finds that the foundation is in need of
 
11 clearer direction to enable it to meet its challenges and to
 
12 ensure that its programs meet their objectives.  The legislature
 
13 concurs with many of the findings of the legislative auditor's
 
14 1999 report on the foundation, and has incorporated some of its
 
15 recommendations in this measure.
 
16      The purpose of this Act is to:
 
17      (1)  Clarify the roles and responsibilities of the State
 
18           foundation on culture and the arts commission and the
 
19           executive director;
 
20      (2)  Require neighbor island representation on the
 
21           commission;
 
22      (3)  Specify that agencies receiving capital improvement
 
23           appropriations are responsible for calculating the one
 
24           per cent due to the works of art special fund;
 

 
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 1      (4)  Stipulate that the comptroller and the executive
 
 2           director are responsible for tracking all amounts due
 
 3           from each agency;
 
 4      (5)  Designate the foundation as the lead agency for arts
 
 5           education, in consultation with the department of
 
 6           education, the university of Hawaii at Manoa, the
 
 7           Hawaii association of independent schools, the Hawaii
 
 8           alliance for arts education, and other organizations;
 
 9           and
 
10      (6)  Provide a means of financing for the review, revision,
 
11           and completion of the Hawaii content and performance
 
12           standards in the arts for grades K-12 and the
 
13           development of a statewide strategic plan.
 
14      SECTION 2.  Section 9-1, Hawaii Revised Statutes, is amended
 
15 by adding two new definitions to be appropriately inserted and to
 
16 read as follows:
 
17      ""Commission" means the the state foundation on culture and
 
18 the arts commission established in section 9-2.
 
19      "Executive director" means the executive director of the
 
20 state foundation on culture and the arts appointed in section
 
21 9-2."
 
22      SECTION 3.  Section 9-2, Hawaii Revised Statutes, is amended
 
23 to read as follows:
 

 
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 1      "�9-2 Establishment of foundation.  (a)  There is hereby
 
 2 created a state foundation on culture and the arts, which shall
 
 3 be placed within the department of accounting and general
 
 4 services for administrative purposes.
 
 5      (b)  The foundation shall be governed by a policymaking and
 
 6 oversight commission to be known as the state foundation on
 
 7 culture and the arts commission.  The commission shall be
 
 8 composed of nine members to be appointed and removed by the
 
 9 governor pursuant to section 26-34.  The term of each member
 
10 shall be for four years, commencing on July 1 and expiring on
 
11 June 30[; provided that of the nine members appointed for terms
 
12 commencing January 1, 1978, three members shall serve for four
 
13 years, three members shall serve for three years, and the
 
14 remaining three members shall serve for two years.]; provided
 
15 that for terms commencing on or after July 1, 1999, the governor
 
16 shall appoint at least one member who resides in the county of
 
17 Hawaii, one member who resides in the county of Kauai, and one
 
18 member who resides in the county of Maui.  The governor shall
 
19 appoint the chairperson of the [foundation] commission from among
 
20 [the] its members [thereof].  The members of the [foundation]
 
21 commission shall serve without compensation, but [they] shall be
 
22 reimbursed for travel and other necessary expenses in the
 
23 performance of their official duties.
 

 
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 1      [The foundation shall be placed within the department of
 
 2 accounting and general services for administrative purposes.]
 
 3      (c)  The commission shall appoint an executive director of
 
 4 the foundation, who shall:
 
 5      (1)  Serve as the foundation's chief executive officer;
 
 6      (2)  Be responsible for developing and administering the
 
 7           foundation's programs under the commission's direction;
 
 8      (3)  Serve on a part-time or full-time basis;
 
 9      (4)  Be a person who, by reason of education or extensive
 
10           experience, is generally recognized as being
 
11           professionally qualified in the administration of
 
12           programs in the fields of culture, the arts, history,
 
13           and the humanities;
 
14      (5)  Be familiar with the people and cultures of Hawaii;
 
15      (6)  Be exempt from chapters 76 and 77; and
 
16      (7)  Select necessary additional staff pursuant to chapters
 
17           76 and 77, within available appropriations."
 
18      SECTION 4.  Section 9-3, Hawaii Revised Statutes, is amended
 
19 to read as follows:
 
20      "�9-3 Duties.  The foundation shall:
 
21      (1)  Assist in coordinating the plans, programs, and
 
22           activities of individuals, associations, corporations,
 
23           and agencies concerned with the preservation and
 

 
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 1           furtherance of culture and the arts and history and the
 
 2           humanities;
 
 3      (2)  Establish written standards and criteria by which grant
 
 4           contracts shall be evaluated;
 
 5      (3)  Appraise the availability, adequacy, and accessibility
 
 6           of culture and the arts and history and the humanities
 
 7           to all persons throughout the State and devise programs
 
 8           whereby culture and the arts and history and the
 
 9           humanities can be brought to those who would otherwise
 
10           not have the opportunity to participate;
 
11      (4)  Stimulate, guide, and promote culture and the arts and
 
12           history and the humanities throughout the State;
 
13      (5)  Devise and recommend legislative and administrative
 
14           action for the preservation and furtherance of culture
 
15           and the arts and history and the humanities;
 
16      (6)  Study the availability of private and governmental
 
17           grants for the promotion and furtherance of culture and
 
18           the arts and history and the humanities;
 
19      (7)  Through its [chairperson:]executive director:
 
20           (A)  Administer funds allocated by grant, gift, or
 
21                bequest to the foundation; accept, hold, disburse,
 
22                and allocate funds which may become available from
 
23                other governmental and private sources; provided
 

 
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                                     S.B. NO.           H.D. 2
                                                        
                                                        

 
 1                that all those funds shall be disbursed or
 
 2                allocated in compliance with any specific
 
 3                designation stated by the donor and in the absence
 
 4                of any designation, the funds shall be disbursed
 
 5                or allocated for the promotion and furtherance of
 
 6                culture and the arts and history and the
 
 7                humanities; and
 
 8           (B)  Accept, hold, disburse, and allocate public funds
 
 9                that are made available to the foundation by the
 
10                legislature for disbursement or allocation,
 
11                pursuant to the standards and procedures
 
12                established in part II, for the promotion and
 
13                furtherance of culture and the arts and history
 
14                and the humanities;
 
15     [(8)  Select and employ a director to serve on a part-time or
 
16           full-time basis who shall be a person who by reason of
 
17           education or extensive experience is generally
 
18           recognized as being professionally qualified in the
 
19           administration of programs in the fields of culture and
 
20           the arts and history and the humanities, who is
 
21           familiar with the peoples and cultures of Hawaii, and
 
22           who shall be exempt from chapters 76 and 77 and select
 
23           necessary additional staff subject to chapters 76 and
 
24           77, within available appropriations;
 

 
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                                     S.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (9)] (8)  Submit an annual report with recommendations to
 
 2           the governor and legislature, prior to February 1, of
 
 3           each year.  Annual reports shall include the total
 
 4           number and amount of gifts received, payroll
 
 5           disbursements, contracts entered into, and progress and
 
 6           accomplishments made during the year;
 
 7      (9)  In consultation with the department of education, the
 
 8           colleges of education and arts and humanities of the
 
 9           university of Hawaii at Manoa, and other arts education
 
10           organizations with statewide representation:
 
11           (A)  Review, revise, and complete the Hawaii content
 
12                and performance standards in the arts for all K-12
 
13                grade students; and
 
14           (B)  Develop a statewide strategic plan for grades K-12
 
15                arts education that incorporates and integrates
 
16                the arts content and performance standards
 
17                established in subparagraph (A).  The plan shall
 
18                address curriculum development for classroom
 
19                instruction, professional development for
 
20                educators and artists, and the methodology and
 
21                mechanisms by which implementation and attainment
 
22                of fine arts content and performance standards can
 
23                be ascertained and assessed;
 

 
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                                     S.B. NO.           H.D. 2
                                                        
                                                        

 
 1    (10)   Display student art works in public buildings, sponsor
 
 2           student art displays, promote arts education, and in
 
 3           other ways encourage the development of creative talent
 
 4           among the young people of Hawaii;
 
 5    (11)   In cooperation with qualified organizations conduct
 
 6           research, studies, and investigations in the fields of
 
 7           ethnohistory and the humanities; make, publish, and
 
 8           distribute works documenting the contributions of
 
 9           individual ethnic groups in their relationship to one
 
10           another and to the whole population of Hawaii; place
 
11           ethnohistorical and cultural materials developed by the
 
12           foundation or received by the foundation as gifts and
 
13           donations in public archives, libraries, and other
 
14           suitable institutions accessible to the public; and
 
15           maintain a register of the location of such materials;
 
16    (12)   Cooperate with and assist the department of land and
 
17           natural resources and other state agencies in
 
18           developing and implementing programs relating to
 
19           historic preservation, research, restoration, and
 
20           presentation, as well as museum activities; and
 
21    (13)   Establish an individual artist fellowship program to
 
22           encourage artists to remain and work in Hawaii and to
 
23           reaffirm the importance of Hawaii's artists and their
 
24           cultural and economic contributions to the State by:
 

 
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                                     S.B. NO.           H.D. 2
                                                        
                                                        

 
 1           (A)  Recognizing and honoring Hawaii's exceptionally
 
 2                talented visual and performing artists for their
 
 3                outstanding work and commitment in the arts; and
 
 4           (B)  Enabling these artists to further their artistic
 
 5                goals."
 
 6      SECTION 5.  Section 103-8.5, Hawaii Revised Statutes, is
 
 7 amended to read as follows:
 
 8      "[[]�103-8.5[]]  Works of art special fund.(a)  There is
 
 9 created a works of art special fund, into which shall be
 
10 transferred one per cent of all state fund appropriations for
 
11 capital improvements designated for the construction cost
 
12 element; provided that this transfer shall apply only to capital
 
13 improvement appropriations that are designated for the
 
14 construction or renovation of state buildings.
 
15      (b)  The works of art special fund shall be used solely for
 
16 the following purposes:
 
17      (1)  Costs related to the acquisition of works of art,
 
18           including any consultant or staff services required to
 
19           carry out the art in public places and relocatable
 
20           works of art programs;
 
21      (2)  Site modifications, display, and interpretive work
 
22           necessary for the exhibition of works of art;
 

 
 
 
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 1      (3)  Upkeep services, including maintenance, repair, and
 
 2           restoration of works of art; [and]
 
 3      (4)  Storing and transporting works of art[.];
 
 4      (5)  Reviewing, revising, and completing the Hawaii content
 
 5           and performance standards in the arts for all K-12
 
 6           grade students; and
 
 7      (6)  Developing a statewide strategic plan for grades K-12
 
 8           arts education that incorporates and integrates the
 
 9           arts content and performance standards established in
 
10           paragraph (5).
 
11      (c)  The one per cent amount, which is included in all
 
12 capital improvement appropriations, shall be calculated at the
 
13 time the appropriation bills are signed into law.  The moneys
 
14 shall be transferred into the works of art special fund upon
 
15 availability of moneys from the appropriations.  Each agency
 
16 receiving capital improvement appropriations shall calculate the
 
17 one per cent amount and transfer the moneys into the works of art
 
18 special fund.
 
19      (d)  The comptroller and the state foundation on culture and
 
20 the arts shall decide on the specific art objects to acquire,
 
21 giving first consideration to placing appropriate pieces of art
 
22 at the locations of the original appropriation.
 

 
 
 
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 1      The selection of, commissioning artists for, reviewing of
 
 2 design, execution, and placement of, and the acceptance of works
 
 3 of art shall be the responsibility of the comptroller and the
 
 4 state foundation on culture and the arts in consultation with the
 
 5 affected agency or department.
 
 6      Expenditures from the works of art special fund shall be
 
 7 made by the comptroller.
 
 8      (e)  The comptroller shall:
 
 9      (1)  Provide each agency receiving capital improvement
 
10           appropriations with information regarding items that
 
11           shall be included and excluded from the one per cent
 
12           amount;
 
13      (2)  Ensure that each agency calculates its one per cent
 
14           amount correctly; and
 
15      (3)  Ensure that each agency transfers the correct amount to
 
16           the works of art special fund in a timely manner;
 
17      (f)  The comptroller and the executive director shall track
 
18 amounts due from each agency under the one per cent requirement
 
19 as provided in this section."
 
20      SECTION 6.  Pursuant to Section 9-3, Hawaii Revised
 
21 Statutes, the state foundation on culture and the arts shall
 
22 include in its annual report its efforts and progress on the
 
23 Hawaii content and performance standards in the arts.
 

 
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 1      SECTION 7.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 8.  This Act shall take effect upon its approval;
 
 4 provided that:
 
 5      (1)  Section 103-8.5(b)(5) and (6), Hawaii Revised Statutes,
 
 6           as amended by section 5 of this Act; and 
 
 7      (2)  Section 6 of this Act,
 
 8 shall be repealed on June 30, 2001.