HOUSE OF REPRESENTATIVES

H.B. NO.

1807

THIRTY-SECOND LEGISLATURE, 2024

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE WORKS OF ART SPECIAL FUND.

 

 

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

 

     SECTION 1.  The legislature finds that art feeds the human spirit and offers priceless value.  Art inspires, educates, and challenges individuals to think differently, while making the world a more beautiful and interesting place.  The legislature further finds that Hawaii was the first state in the nation to adopt a percent-for-art law, which designated one per cent of construction costs of new buildings for the acquisition of works of art through Act 298, Session Laws of Hawaii 1967 (ACT 298).  The purpose of the law was to beautify state buildings and increase public access to the arts.  Act 298 statutorily established that "the original construction of any state building shall include ... an amount of one percent of the appropriation for the acquisition of works of art which may be an integral part of the structure ..."  This original statute was carefully crafted to maintain fiscal integrity in the use of long-term capital funding.

     The legislature expanded on this effort by enacting Act 389, Session Laws of Hawaii 1989, which created the works of art special fund.  The legislature finds that this program has been a success, with works of art enhancing the physical environment of state buildings and providing educational visual arts opportunities to the public through the art in public places program.  Additionally, the State currently possesses a surplus of artwork in storage for current and future uses.

     More recent efforts have focused on the expansion of programs to include performing arts and other initiatives that would enhance an array of art programming across the State.  Even as programs evolve and change over the years, it is imperative that sound financial management be exercised to ensure the stability of factors that may affect the State's creditworthiness.

     Accordingly, the purpose of this Act is to:

     (1)  Specify that the works of art special fund's one per cent transfer requirement shall apply only to capital improvement appropriations for the original construction of state buildings; and

     (2)  Appropriate funds for performing arts and other initiatives in schools.

     SECTION 2.  Section 103-8.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is created a works of art special fund, into which shall be transferred one per cent of all state fund appropriations for capital improvements designated for the original construction [cost element; provided that this transfer shall apply only to capital improvement appropriations that are designated for the construction or renovation] of state buildings.  The one per cent transfer requirement shall not apply to appropriations from the passenger facility charge special fund established by section 261-5.5 and the rental motor vehicle customer facility charge special fund established under section 261-5.6."

     SECTION 3.  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 2024-2025 for performing arts initiatives.

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

     SECTION 4.  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 2024-2025 for the state foundation on culture and the arts to expand arts programming in schools.

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

     SECTION 5.  In accordance with section 9 of article VII of the Hawaii State Constitution and sections 37‑91 and 37‑93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in H.B. No.     , will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $           or      per cent.  In addition, the appropriations contained in this Act will cause the general fund expenditure ceiling for fiscal year 2024‑2025 to be further exceeded by $           or      per cent.  The combined total amount of general fund appropriations contained in only these two Acts will cause the state general fund expenditure ceiling for fiscal year 2024‑2025 to be exceeded by $           or      per cent.  The reasons for exceeding the general fund expenditure ceiling are that:

     (1)  The appropriations made in this Act are necessary to serve the public interest; and

     (2)  The appropriations made in this Act meet the needs addressed by 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.

 


 

Report Title:

Works of Art Special Fund; State Foundation on Culture and the Arts; Capital Improvement Appropriations; Performing Arts; School Arts Programs; Appropriation; Expenditure Ceiling

 

Description:

Specifies that the works of art special fund's one per cent transfer requirement shall apply only to capital improvement appropriations for the original construction of state buildings.  Appropriates funds for performing arts initiatives and expanded arts programing in schools.  Effective 7/1/3000.  (HD2)

 

 

 

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