HOUSE OF REPRESENTATIVES

H.B. NO.

494

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to urban art.

 

 

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

 


     SECTION 1.  Defined in the Hawaii Revised Statutes as "any unauthorized drawing, inscription, figure, or mark of any type intentionally created by paint, ink, chalk, dye, or similar substances," graffiti is a pervasive problem in many communities throughout the State, causing visual blight, resulting in unsightly scenery, and impacting property values.  The legislature finds that the negative impacts of graffiti make it an issue of great concern and, to date, the problem persists despite community efforts to combat it.

     The legislature further finds that while these negative effects cannot be ignored, graffiti is also recognized as a legitimate artistic genre.  As urban art, the graffiti style has historically been used as social and political commentary and numerous publications have treated the subject.  Although there are different theories regarding the purpose and effectiveness of urban art projects as a deterrent to graffiti, a popular theory posits that authorized outlets for urban art throughout a community will mitigate instances of graffiti.

     The legislature further finds that providing legitimate, state-owned venues for urban art will enrich the State's communities in many ways, including by taking a positive step toward the reduction of graffiti by expanding opportunities appropriate for this type of creative social expression.  Therefore, the purpose of this Act is to create a pilot program for the creation of urban art under the direction of the state foundation on culture and the arts.

     SECTION 2.  (a)  There is established a pilot program under the direction of the state foundation on culture and the arts for the creation of urban art on state-owned property.

     (b)  The state foundation on culture and the arts shall have the sole discretion to establish procedures for the program, including procedures that address the following:

     (1)  The selection of participating individuals;

     (2)  Site selection and designation of specific areas for urban art on state-owned property;

     (3)  Requirements and guidelines regarding the type and size of urban art and art material to be used;

     (4)  Rights to copyrights for the urban art created under the pilot program;

     (5)  Limitations, as necessary, on access to state-owned property used for urban art, such as requirements for safety and security; and

     (6)  Any other considerations that the state foundation on culture and the arts deems appropriate.

     (c)  The state foundation on culture and the arts shall consult with the historic preservation division of the department of land and natural resources, Historic Hawaii Foundation, and any other stakeholders the state foundation on culture and the arts deems appropriate to review the creation of urban art under the pilot program to ensure that such art does not negatively impact historic property.  The review shall proceed in accordance with section 6E-8, Hawaii Revised Statutes.  Any urban art proposal that the historic preservation division determines will negatively impact historic property shall not be permitted.

     (d)  As used in this Act:

     "Urban art" means any painting or artistic work composed in black and white or arrangements of color, including mosaics, murals, stencil art, and other art media and techniques.  Urban art excludes:

     (1)  Painting or work placed on a structure that is erected for the sole or primary purpose of signage; and

     (2)  Graffiti as defined in sections 46-1.5(24)(C), 577-3.5(a), and 708-823.6(3), Hawaii Revised Statutes.

     (e)  The state foundation on culture and the arts shall report to the legislature no later than twenty days prior to the convening of the regular session of 2016 on the status of the pilot program for the creation of urban art and shall submit findings and recommendations, including any proposed legislation, regarding continuation of the program on a permanent basis.  The report shall also include recommendations to reduce illicit graffiti.

     (f)  The pilot program for the creation of urban art shall be repealed on June 30, 2016.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Urban Art; State Foundation on Culture and the Arts

 

Description:

Establishes a pilot program for the creation of urban art under the direction of the State Foundation on Culture and the Arts, to be repealed on June 30, 2016.

 

 

 

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