§103-8.5  Works of art special fund.  (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 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.



(b)  The works of art special fund shall be
used 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 in
public places and relocatable works of art programs;



(2)  Site modifications, display, and interpretive
work 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 included
in all capital improvement appropriations, shall be calculated at the time the appropriation
bills are signed into law.  The moneys shall be transferred into the works of
art special fund upon availability of moneys from the appropriations.  Each
agency receiving capital improvement appropriations shall calculate the one per
cent amount and transfer the moneys into the works of art special fund.



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



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



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



(e)  The comptroller shall:



(1)  Provide each agency receiving capital improvement
appropriations with information regarding items that shall be included and
excluded from the one per cent amount;



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



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



(f)  The comptroller and the executive director
shall track amounts due from each agency under the one per cent requirement as
provided in this section. [L 1989, c 389, §1; am L 1999, c 80, §§5, 8(1); am L
2003, 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 and
Reinvestment Act of 2009 funds; oversight commission (repealed June 30, 2011).  L
2009, c 150.



 



Cross References



 



  Student art work, see §9-4.