HOUSE OF REPRESENTATIVES

H.B. NO.

2817

TWENTY-FIFTH LEGISLATURE, 2010

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ART.

 

 

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

 


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

     "§9-    Disposition of works of art; public auction.  (a)  The foundation may designate works of art acquired by the State to be disposed of by the foundation.

     (b)  Works of art designated by the foundation shall be disposed of by public auction, which may include public auction via the Internet, after notice of the disposition has been published at least once in each of three successive weeks in a newspaper of general circulation in the state, the last publication being not fewer than ten days before the date of the auction.  The notice shall include:

     (1)  The time and venue of the auction, including the internet address as appropriate;

     (2)  Descriptions of the works of art to be disposed of; and

     (3)  The minimum price at which the works of art may be purchased.

     (c)  A work of art shall be sold to the highest bidder; provided that if the highest bid is less than the greater of:

     (1)  One hundred ten per cent of the cost at which it was acquired by the State; or

     (2)  The appraisal value at the time it was acquired by the State,

the foundation may decline the sale to the highest bidder and may reoffer the work of art at a subsequent public auction.

     (d)  All transactions shall be completed within fourteen days of the winning bid; provided that if a transaction is not completed within that time, the opportunity to purchase the work of art shall be offered to the next highest bidder if the bid satisfies the requirements of subsection (c).

     (e)  No action or proceeding shall be brought or maintained against the State or any officer thereof on account of a disposition under this section.

     (f)  The proceeds from the disposition of works of art under this section shall be deposited into the works of art special fund established under section 103-8.5 and used to purchase new works of art as provided by that section."

     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] 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;] 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

         (C)  Maintain a register of the location of such materials;

    (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] 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)  Oversee the disposition of works of art by public auction."

 

 

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2112.



Report Title:

State Works of Art; Sale by Public Auction

 

Description:

Allows for the disposition by public auction of works of art acquired by the State.  Effective January 1, 2112.  (HB2817 HD1)

 

 

 

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