HB2246 HD1

SECTION 1. Chapter 9, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§9- Standing selection committee; cultural grants. (a) There is established within the foundation a standing selection committee to review applications and award cultural grants under section 9-3(16).

(b) The standing selection committee shall consist of the following members:

(1) The president and chief executive officer of the Hawaii tourism authority, or the president and chief executive officer's designee;

(2) The executive director of the foundation, or the executive director's designee;

(3) One member appointed by the governor, who shall not be subject to the advice and consent of the senate;

(4) One member appointed by the president of the senate;

(5) One member appointed by the speaker of the house of representatives; and

(6) Two members who are recognized as practitioners of native Hawaiian traditional and customary practices;

provided that of the seven members, no more than three members shall be a resident of the city and county of Honolulu."

SECTION 2. Section 9-3, Hawaii Revised Statutes, is amended to read as follows:

"§9-3 Duties. The foundation shall:

(1) Assist in coordinating the plans, programs, and activities of individuals, associations, corporations, and agencies concerned with the preservation and furtherance of culture and the arts and history and the humanities;

(2) Establish written standards and criteria by which grant contracts shall be evaluated;

(3) Appraise the availability, adequacy, and accessibility of culture and the arts and history and the humanities to all persons throughout the State and devise programs whereby culture and the arts and history and the humanities can be brought to those who would otherwise not have the opportunity to participate;

(4) Stimulate, guide, and promote culture and the arts and history and the humanities throughout the State;

(5) Devise and recommend legislative and administrative action for the preservation and furtherance of culture and the arts and history and the humanities;

(6) Study the availability of private and governmental grants for the promotion and furtherance of culture and the arts and history and the humanities;

(7) Through its executive director:

(A) Administer funds allocated by grant, gift, or bequest to the foundation; accept, hold, disburse, and allocate funds that may become available from other governmental and private sources; provided that all those funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and in the absence of any designation, the funds shall be disbursed or allocated for the promotion and furtherance of culture and the arts and history and the humanities; and

(B) Accept, hold, disburse, and allocate public funds that are made available to the foundation by the legislature for disbursement or allocation, pursuant to the standards and procedures established in part II, for the promotion and furtherance of culture and the arts and history and the humanities;

(8) Submit an annual report with recommendations to the governor and legislature, prior to February 1[,] of each year. Annual reports shall include the total number and amount of gifts and other grants and income received, payroll disbursements, contracts entered into, and progress and accomplishments made during the year, including the efforts of the Hawaii arts education partners and its progress in implementing the Hawaii arts education strategic plan and the accomplishments of the art in public places and relocatable works of art programs and the state art museum;

(9) Convene the Hawaii arts education partners, which is composed of the department of education, the colleges of education and arts and humanities of the University of Hawaii at Manoa, the Hawaii Association of Independent Schools, and the Hawaii Alliance for Art Education, to fully implement the terms of the Hawaii arts education strategic plan;

(10) Display student art works in public buildings, sponsor student art displays, promote arts education, and in other ways encourage the development of creative talent among the young people of Hawaii;

(11) In cooperation with qualified organizations, conduct research, studies, and investigations in the fields of ethnohistory and the humanities:

(A) Make, publish, and distribute works documenting the contributions of individual ethnic groups in their relationship to one another and to the whole population of Hawaii;

(B) Place ethnohistorical and cultural materials developed by the foundation or received by the foundation as gifts and donations in public archives, libraries, and other suitable institutions accessible to the public; and

(12) Cooperate with and assist the department of land and natural resources and other state agencies in developing and implementing programs relating to historic preservation, research, restoration, and presentation, as well as museum activities;

(13) Establish an individual artist fellowship program to encourage artists to remain and work in Hawaii and to reaffirm the importance of Hawaii's artists and their cultural and economic contributions to the State by:

(A) Recognizing and honoring Hawaii's exceptionally talented visual and performing artists for their outstanding work in and commitment to the arts; and

(B) Enabling these artists to further their artistic goals;

(14) In consultation with the comptroller and affected agencies and departments, administer the art in public places and relocatable works of art programs established pursuant to section 103-8.5; [~~and~~]

(15) Administer the operations of the state art museum established pursuant to section 9-22[.]; and

(16) Notwithstanding any other law to the contrary, award and administer any cultural grants that perpetuate the uniqueness of the native Hawaiian culture and community, and their importance to the quality of the visitor experience."

SECTION 3. Section 201B-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The authority shall be responsible for:

(1) Creating a vision and developing a long-range strategic plan for tourism in Hawaii;

(2) Promoting, marketing, and developing the tourism industry in the State;

(3) Arranging for the conduct of research through contractual services with the University of Hawaii or any agency or other qualified persons concerning social, economic, and environmental aspects of tourism development in the State;

(4) Providing technical or other assistance to agencies and private industry upon request;

(5) Perpetuating the uniqueness of the native Hawaiian culture and community, and their importance to the quality of the visitor experience, except through the awarding and administration of cultural grants to nonprofit and community groups, by ensuring that:

(A) The Hawaiian culture is accurately portrayed by Hawaii's visitor industry;

(B) Hawaiian language is supported and normalized as both an official language of the State as well as the foundation of the host culture that draws visitors to Hawaii;

(C) Hawaiian cultural practitioners and cultural sites that give value to Hawaii's heritage are supported, nurtured, and engaged in sustaining the visitor industry; and

(D) A native Hawaiian cultural education and training program is provided for the visitor industry workforce having direct contact with visitors; and

(6) Reviewing annually the expenditure of public funds by any visitor industry organization that contracts with the authority to perform tourism promotion, marketing, and development and making recommendations necessary to ensure the effective use of the funds for the development of tourism."

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 three full-time equivalent (3.0 FTE) grant administrator positions.

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 appropriation 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 appropriation made in this Act is necessary to serve the public interest; and

(2) The appropriation made in this Act meets the needs addressed by this Act.

SECTION 6. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Hawaii tourism authority relating to the awarding and administering of cultural grants that perpetuate the uniqueness of native Hawaiian culture and community, and their importance to the quality of the visitor experience, shall be transferred to the state foundation on culture and the arts.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2246
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII