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H.731

Introduced by Representative Emmons of Springfield

Referred to Committee on

Date:

Subject: State buildings; art in state buildings

Statement of purpose: This bill proposes to reenact with amendments the art in state buildings program.

AN ACT RELATING TO ART IN STATE BUILDINGS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 29 V.S.A. 41 is amended to read:

41. PURPOSE

The state of Vermont, recognizing the need *[: to encourage the work of Vermont artists; to enhance and preserve its cultural environment and heritage; and to provide artistic enrichment to its residents and visitors]* to enhance the working environment and to improve the character and quality of state buildings in order to create an environment of distinction, enjoyment and pride for all citizens, hereby establishes a program to provide funds for and authorize the *[acquisition of]* installation of permanent works of art *[for certain]* at the time of new construction or renovation of state buildings and other facilities.

Sec. 2. 29 V.S.A. 44 is amended to read:

44. FUNDS TRANSFER FOR ART

(a) *[Whenever funds are appropriated for construction, addition, or renovation of a public building or facility, and the estimated project cost is $250,000.00 or more, the contracting agency or occupant agency shall transfer one percent of the estimated project cost to the art acquisition fund, not to exceed a total of $50,000.00 to be transferred to the fund for all projects in a single year from capital construction funds appropriated by the general assembly. The transfer shall be made on or before 30 days following the issuance of the contract for construction, addition or renovation.]* The commissioner of state buildings, with the approval of the secretary of administration, may transfer up to $50,000.00 in any single fiscal year to the art acquisition fund, from funds appropriated by the general assembly in the annual capital construction act.

(b) Of the funds transferred under subsection (a) of this section, 15 percent shall be *[transferred to]* available for use by the council for the expenses of administering this chapter.

(c) Funds may be transferred under this section without further approval or appropriation by the general assembly.

*[(d) Contracting agencies and the council shall take reasonable steps to ensure that occupant agencies are advised of the requirements of this chapter.]*

*[(e) In consultation with the council, the contracting agency shall calculate the amount of funds to be transferred under this section.]*

Sec. 3. 29 V.S.A. 45 is amended to read:

45. DUTIES OF CONTRACTING AGENCY

Upon selection of an architect for any project, the contracting agency shall:

(1) notify the architect of the provisions of this chapter; and

(2) notify the council of the selection of the architect and the details of the project *[; and]* .

*[(3) consult with the council about the amount to be expended for works of art.]*

Sec. 4. 29 V.S.A. 46 is amended to read:

46. USE OF FUNDS

(a) *[To the extent feasible, the council shall provide one or more works of art in each building or facility for which funds were contributed under this chapter, in approximately the amount contributed. However, if the advisory committee determines that a proposed public building or public facility will be infrequently visited by members of the public, approximately one-half of the amount otherwise required by this section to be used for art may be used to provide a work of art for another public building or facility, for the same or a different occupant agency as determined by the advisory committee, which is visited frequently by members of the public. If a project is constructed in phases, funds may be held in the art acquisition fund for later planned acquisitions. To the extent that works of art cannot be provided in exactly the amount contributed, the council may expend the unused portion on other works

of art for the same occupant agency.]* Each public building or facility undergoing new construction or renovation with a total project cost of $500,000.00 or more, which is funded from an appropriation or appropriations in one or more annual capital construction acts, shall be eligible for consideration by the advisory committee for the installation of one or more permanent works of art. For a project expected to receive capital appropriations from more than one capital construction act, eligibility may be determined by the estimated total cost of the project after the initial appropriation is made. In selecting a building or facility for the installation of a work of art, the advisory committee shall give priority to buildings and facilities that are frequently visited by members of the public.

(b) Priority in acquisitions and commissions of works of art shall be given to Vermont artists.

Sec. 5. 29 V.S.A. 47(c) (advisory committee) is amended to read:

(c) The committee shall:

(1) oversee the administration of this chapter;

(2) establish guidelines for the selection of works of art; and

(3) establish guidelines for the composition of selection committees *[;]* .

*[(4) after receiving the recommendations of the council, appoint for each project a selection committee to select artists whose works of art will be acquired or commissioned.]*

Sec. 6. 29 V.S.A. 48(a) (powers and duties of council) is amended to read:

(a) The council shall:

(1) *[make recommendations to the advisory committee of]* appoint persons to *[be appointed to]* serve on the project selection *[committees]* committee;

* * *

(5) assist occupant and contracting agencies in *[acquiring]* locating insurance when it deems such insurance is necessary for the protection of the works of art which are purchased;

* * *

Sec. 7. Sec. 2 of Act No. 267 of the Acts of the 1987 Adjourned Session is amended to read:

Sec. 2. EFFECTIVE DATE; SUNSET; TRANSITIONAL PROVISION

(a) This act shall take effect July 1, 1988.

*[(b) This act is repealed on July 1, 1994, unless previously re-enacted with or without amendment.]*

*[(c)]* (b) This act shall not apply to projects undertaken in fiscal year 1989.

Sec. 8. EFFECTIVE DATES

This section and Sec. 7 of this act shall take effect June 30, 1994. All other sections of this act shall take effect July 1, 1994.

Sec. 9. SUNSET

This act is repealed on July 1, 1998, unless previously reenacted with or without amendment.