§103-8.5  Works of art special fund.  (a) There is created a works of art special fund, into which shall be transferredone per cent of all state fund appropriations for capital improvementsdesignated for the construction cost element; provided that this transfer shallapply only to capital improvement appropriations that are designated for theconstruction or renovation of state buildings.  The one per cent transferrequirement shall not apply to appropriations from the passenger facilitycharge special fund established by section 261-5.5 and the rental motor vehiclecustomer facility charge special fund established under section 261-5.6.

(b)  The works of art special fund shall beused solely for the following purposes:

(1)  Costs related to the acquisition of works of art,including any consultant or staff services required to carry out the art inpublic places and relocatable works of art programs;

(2)  Site modifications, display, and interpretivework necessary for the exhibition of works of art;

(3)  Upkeep services, including maintenance, repair,and restoration of works of art;

(4)  Storing and transporting works of art.

(c)  The one per cent amount, which is includedin all capital improvement appropriations, shall be calculated at the time the appropriationbills are signed into law.  The moneys shall be transferred into the works ofart special fund upon availability of moneys from the appropriations.  Eachagency receiving capital improvement appropriations shall calculate the one percent amount and transfer the moneys into the works of art special fund.

(d)  The comptroller and the state foundationon culture and the arts shall decide on the specific art objects to acquire,giving first consideration to placing appropriate pieces of art at thelocations of the original appropriation.

The selection of, commissioning artists for,reviewing of design, execution, and placement of, and the acceptance of worksof art shall be the responsibility of the comptroller and the state foundationon culture and the arts in consultation with the affected agency or department.

Expenditures from the works of art special fundshall be made by the comptroller.

(e)  The comptroller shall:

(1)  Provide each agency receiving capital improvementappropriations with information regarding items that shall be included andexcluded from the one per cent amount;

(2)  Ensure that each agency calculates its one percent amount correctly; and

(3)  Ensure that each agency transfers the correctamount to the works of art special fund in a timely manner.

(f)  The comptroller and the executive directorshall track amounts due from each agency under the one per cent requirement asprovided in this section. [L 1989, c 389, §1; am L 1999, c 80, §§5, 8(1); am L2003, c 178, §59 and c 213, §16; am L 2004, c 101, §3; am L 2008, c 226, §5]

 

Note

 

  Expedited procedures for programs using American Recovery andReinvestment Act of 2009 funds; oversight commission (repealed June 30, 2011).  L2009, c 150.

 

Cross References

 

  Student art work, see §9-4.