HB475 CD1

HOUSE OF REPRESENTATIVES	H.B. NO.	475
THIRTY-SECOND LEGISLATURE, 2023		H.D. 1
STATE OF HAWAII		S.D. 2
		C.D. 1

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:

SECTION 1. Chapter 9, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§9-A Art in private places pilot program. (a) There is established an art in private places pilot program to be placed within the foundation for administrative purposes.

(b) Under the pilot program, the executive director shall enter into agreements to loan state-owned art to non-state individuals, businesses, or entities for reasonable financial consideration.

(c) State-owned art loaned to non-state individuals, businesses, or entities pursuant to this section shall be displayed in non-state owned publicly accessible areas and county-owned buildings.

(d) The executive director may void any loan agreement made pursuant to this section and collect the loaned art if any non-state individual, business, or entity violates subsection (c). A non-state individual, business, or entity shall not be entitled to the return of any financial consideration received by the State if a loan agreement is voided by the executive director pursuant to this section or rule.

(e) Any revenues received by the State pursuant to subsection (b) shall be deposited into the art in private places special account.

(f) The executive director shall submit annual reports of the status of the art in private places pilot program, including:

(1) Details of each loan agreement currently entered into pursuant to this section, including but not limited to the parties to the agreement, location of the displayed art, revenue generated by the agreement, and length of the agreement; and

(2) The total revenue generated from the pilot program,

to the legislature no later than twenty days prior to the convening of each regular session beginning with the regular session of 2024.

§9-B Art in private places special account. (a) There is established in the state treasury the art in private places special account into which shall be deposited:

(1) Revenues from the art in private places pilot program established pursuant to section 9-A;

(2) Appropriations by the legislature to the art in private places special account; and

(3) All interest earned or accrued on moneys deposited in the special account.

(b) The foundation may expend moneys in the art in private places special account for the administration and implementation of the art in private places pilot program pursuant to section 9-A."

SECTION 2. Chapter 9, Hawaii Revised Statutes, is amended by amending the title of part III to read as follows:

"[[]PART III.[]] ART IN PUBLIC PLACES AND RELOCATABLE WORKS OF [[]ART[]] PROGRAMS, ART IN PRIVATE PLACES PILOT PROGRAM, AND STATE ART MUSEUM"

SECTION 3. 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, the art in private places pilot program established pursuant to section 9-A, 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, non-state owned publicly accessible areas and county-owned buildings, and the state art museum a collection of works of art that:

(A) Represents the diversity and excellence of the State's artistic expression; and

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

SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2023; provided that on June 30, 2026, this Act shall be repealed and section 9-21 and the title of part III of chapter 9, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act.