| (1) |
The division shall follow these guidelines in administering the program:
Terms Used In Utah Code 9-6-405- Contracting agency: means the state agency which is responsible for supervising the principal user of a state building or facility. See Utah Code 9-6-403
- Director: means the director of the Division of Arts and Museums. See Utah Code 9-6-102
- Division: means the Division of Arts and Museums. See Utah Code 9-6-102
- Principal user: means the department, board, commission, institution, or agency of the state for the principal use of which a state building or facility is acquired or constructed. See Utah Code 9-6-403
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Program: means the Percent-for-Art Program created in this part. See Utah Code 9-6-403
- Project: means the project whereby state buildings or facilities are acquired or constructed. See Utah Code 9-6-403
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State building or facility: means a state building, permanent structure, facility, park, or appurtenant structure thereof, wholly or partially enclosed, which includes, but is not restricted to a space or facility used or to be used for carrying out the functions of a department, board, commission, institution, or agency of the state, including offices, hearing or meeting rooms, auditoriums, libraries, courtrooms, classrooms, workshops, laboratories, eating or sleeping facilities, or highway rest areas. See Utah Code 9-6-403
- works of art: means any form of original creation of visual art including, but not restricted to any sculpture, bas relief, high relief, mobile, fountain, painting, graphic, print, lithograph, etching, embossing, drawing, mural, mosaic, supergraphic, fresco, photograph, ceramic, fiber, mixed media, or combination of forms. See Utah Code 9-6-403
| (a) |
Works of art shall be acquired under the program for use only with respect to those buildings or facilities that the division determines have significant public use or access, especially where the design and technical construction of the building or facility lend themselves to works of art. All funds set aside and administered by the program from appropriations for any state building or facility of which any part is obtained from the issuance of bonds shall be used only to acquire works of art that will be placed in or at, and remain a part of, that building or facility, to the extent necessary to preserve the federal income tax exemption otherwise allowed for interest paid on the bonds. |
| (b) |
The goal of the division in administering the program is to fairly distribute works of art throughout the various social, economic, and geographic communities of the state. |
| (c) |
The division:
| (i) |
shall give first preference to Utah artists; and |
| (ii) |
may consider artists from other states and give preference to artists from other states that have similar percent-for-art programs and demonstrate a reciprocal preference for Utah artists. |
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| (d) |
The division shall involve the director of the Division of Facilities Construction and Management, or the director’s designee, and the project architect in the process of screening or selecting works of art or artists to create works of art for each project and shall involve in that process representatives from the project’s principal user or contracting agency, the community in which the project is located, and the art profession. The project’s principal user or contracting agency shall have representation at least equal to any other entity on the selection committee, as designated by the project’s president or director. Any selection and placement of art shall be by a majority decision of the user agency representatives on the committee and a majority decision of the entire committee. The selection and placement shall be approved by the president or director of the principal user. |
| (e) |
Any relocation of art placed under this program shall be done with the participation from the division and the Division of Facilities Construction and Management and with approval from the president or director of the principal user. |
| (f) |
The costs of administering the program and conserving and maintaining all works of art placed under the program are limited to 15% of the funds deposited in the Utah Percent-for-Art Account. |
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