§103-8.5  Works of art special fund.  (a)  There is created a works of art special fund, into which shall be transferred the annual transfer amount, as defined in subsection (i), made available from one per cent of all state fund appropriations for capital improvements designated for the construction cost element each year; provided that this transfer shall apply only to general obligation bond fund 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 costs related to the acquisition, planning, design, and construction of works of art and related appurtenances.

     (c)  The one per cent amount, which is included in all general obligation bond fund capital improvement appropriations, shall be calculated at the time that each appropriation becomes available.  The comptroller shall cause one per cent of each general obligation bond fund capital improvement appropriation designated for the construction or renovation of state buildings to be transferred into a general obligation bond fund appropriation the legislature may make specifically for deposits to the works of art special fund after availability of moneys from the appropriations.  Each agency receiving capital improvement appropriations shall calculate the one per cent amount and transfer the appropriation into a general obligation bond fund appropriation the legislature may make specifically for deposits to 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;

     (3)  Ensure that each agency transfers the correct amount of each appropriation to a separate appropriation made for deposits to the works of art special fund; and

     (4)  Transfer to the works of art special fund the annual transfer amount, as defined in subsection (i), from an appropriation the legislature may make for deposits to the works of art special fund.

     (f)  The legislature may appropriate $1,000 of general obligation bond funds for deposits to the works of art special fund for each fiscal year.  The appropriation will facilitate the ability of the comptroller to:

     (1)  Receive transfers of appropriation of one per cent of each general obligation bond fund capital improvement appropriation designated for the construction cost element for the construction or renovation of state buildings; and

     (2)  Convey the annual transfer amount from the appropriation to the works of art special fund.

     (g)  The balance of the appropriation described in subsection (f) that is not transferred to the works of art special fund shall lapse to the general obligation bond fund on June 30 of each fiscal year.

     (h)  The comptroller and the executive director shall track amounts transferred to the works of art special fund, the use of all transferred amounts, and the timing of the use of all transferred amounts by appropriation and date of transfer.

     (i)  For the purposes of this section, "annual transfer amount" means the amount determined each fiscal year that is the lesser of:

     (1)  $3,000,000; or

     (2)  $15,000,000 reduced by the unencumbered balance of the works of art special fund at the end of the prior fiscal year. [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; am L 2025, c 131, §6]

Note

  Filipino veterans of World War II monument.  L 2017, c 35.

Cross References

  Student art work, see §9-4.