Senator Ann Millner proposes the following substitute bill:


1     
PUBLIC ART FUNDING AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Ann Millner

5     
House Sponsor: Jon Hawkins

6     

7     LONG TITLE
8     General Description:
9          This bill creates a state matching program for local installation of public art.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     modifies the purposes of the Utah Percent-for-Art Act;
14          ▸     creates the Public Art Installation Initiative;
15          ▸     authorizes the Division of Arts and Museums to offer a qualifying county of the first
16     class, a municipality in a county of the first class, or a metro township in a county of
17     the first class a dollar-for-dollar state match on local funding for the purchase or
18     commission of a public art installation;
19          ▸     authorizes the Division of Arts and Museums to make rules; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          9-6-402, as renumbered and amended by Laws of Utah 1992, Chapter 241
28          9-6-403, as last amended by Laws of Utah 1993, Chapter 4
29          9-6-404, as renumbered and amended by Laws of Utah 1992, Chapter 241
30          63A-5b-609, as last amended by Laws of Utah 2020, Chapter 261 and renumbered and
31     amended by Laws of Utah 2020, Chapter 152
32          63I-2-209, as last amended by Laws of Utah 2023, Chapter 33
33     ENACTS:
34          9-6-410, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 9-6-402 is amended to read:
38          9-6-402. Purpose.
39          This part is designed to:
40          (1) establish a program which administers that portion of appropriations for capital
41     expenditures which is set aside:
42          (a) for the acquisition of works of art used for public buildings; and
43          (b) to facilitate public art installations as described in Section 9-6-410;
44          (2) enhance the quality of life in the state by placing art of the highest quality in public
45     spaces where it is seen by the general public;
46          (3) promote and preserve appreciation for and exposure to the arts; and
47          (4) foster cultural development in the state and encourage the creativity and talents of
48     its artists and craftspeople.
49          Section 2. Section 9-6-403 is amended to read:
50          9-6-403. Definitions.
51          As used in this part:
52          (1) "Artist" means a practitioner in the visual arts, generally recognized by critics and
53     the artist's peers as a professional who is committed to producing high quality work on a
54     regular basis, and who is not the project architect or a member of the project's architectural
55     firm.
56          (2) "Acquired or constructed" means acquired, constructed, reconstructed, restored,

57     enlarged, improved, renovated, repaired, replaced, equipped, or furnished in whole or in part
58     with state funds.
59          (3) "Contracting agency" means the state agency which is responsible for supervising
60     the principal user of a state building or facility.
61          (4) "Public art installation" means a work of art:
62          (a) owned by a:
63          (i) county of the first class; or
64          (ii) municipality or metro township in a county of the first class;
65          (b) created by an artist, with a preference for a Utah artist;
66          (c) located in a public place where the county of the first class, municipality in a county
67     of the first class, or metro township in a county of the first class has jurisdiction; and
68          (d) that is intended to be a permanent fixture in the public place.
69          [(4)] (5) "Principal user" means the department, board, commission, institution, or
70     agency of the state for the principal use of which a state building or facility is acquired or
71     constructed.
72          [(5)] (6) (a) "Program" means the Percent-for-Art Program created in this part.
73          (b) "Program" does not mean the Public Art Installation Initiative created in Section
74     9-6-410.
75          [(6)] (7) "Project" means the project whereby state buildings or facilities are acquired
76     or constructed.
77          [(7)] (8) (a) "State building or facility" means a state building, permanent structure,
78     facility, park, or appurtenant structure thereof, wholly or partially enclosed, which includes, but
79     is not restricted to a space or facility used or to be used for carrying out the functions of a
80     department, board, commission, institution, or agency of the state, including offices, hearing or
81     meeting rooms, auditoriums, libraries, courtrooms, classrooms, workshops, laboratories, eating
82     or sleeping facilities, or highway rest areas.
83          (b) "State building or facility" does not include motor pools, heating plants, sheds,
84     sewers, parking lots, bridges, highways, or buildings used solely for storage or warehousing.
85          (9) "Utah artist" means:
86          (a) an individual who produces paintings, drawings, photos, sculptures, or similar
87     works; and

88          (b) who has:
89          (i) lived in Utah a minimum of ten years; or
90          (ii) a primary residence in the state.
91          [(8)] (10) "Work of art" or "works of art" means any form of original creation of visual
92     art including, but not restricted to any sculpture, bas relief, high relief, mobile, fountain,
93     painting, graphic, print, lithograph, etching, embossing, drawing, mural, mosaic, supergraphic,
94     fresco, photograph, ceramic, fiber, mixed media, or combination of forms.
95          Section 3. Section 9-6-404 is amended to read:
96          9-6-404. Creation of program -- Use of appropriations.
97          (1) A Percent-for-Art Program shall be administered by the division.
98          (2) (a) [Any] An appropriation received by or available to the director under
99     Subsection 63A-5b-609(5) for a new state building or facility that is not located in a county of
100     the first class shall be used to acquire existing works of art or to commission the creation of
101     works of art placed in or at appropriate state buildings or facilities as determined by the
102     division.
103          (b) For appropriations annually received by or available to the director under
104     Subsection 63A-5b-609(5) for a new state building or facility that is located in a county of the
105     first class:
106          (i) eighty percent shall be used to acquire existing works of art or to commission the
107     creation of works of art placed in or at appropriate state buildings or facilities as determined by
108     the division; and
109          (ii) twenty percent shall be used to support the Public Art Installation Initiative
110     described in Section 9-6-410.
111          (c) Any unexpended funds remaining at the end of the fiscal year shall be nonlapsing
112     and not revert to the General Fund.
113          Section 4. Section 9-6-410 is enacted to read:
114          9-6-410. Public art installation initiative.
115          (1) As used in this section:
116          (a) "Applicant" means:
117          (i) a county of the first class;
118          (ii) a municipality in a county of the first class; or

119          (iii) a metro township in a county of the first class.
120          (b) (i) "Local funds" means money in the possession of a county, municipality, or
121     metro township through local revenue generation, private donation, or federal or philanthropic
122     grant.
123          (ii) "Local funds" does not mean money from a state grant.
124          (2) There is created a Public Art Installation Initiative to be administered by the
125     division.
126          (3) Within available funds, the division may award an applicant a dollar-for-dollar
127     match on the purchase or commission of a public art installation as described in this section.
128          (4) Before the division may offer a dollar-for-dollar match as described in Subsection
129     (3), an applicant shall provide the division with:
130          (a) documentation of the local funds dedicated to the proposed public art installation;
131          (b) a description or rendering of the proposed public art installation;
132          (c) a copy of any contractual agreement the applicant has with the proposed artist, or a
133     template contractual agreement to be offered to an artist; and
134          (d) any other information requested by the division.
135          (5) The division shall establish by rule in accordance with Title 63G, Chapter 3, Utah
136     Administrative Rulemaking Act:
137          (a) an application process;
138          (b) a process to approve or deny an application, in accordance with the purposes
139     described in Section 9-6-402; and
140          (c) a process to prioritize applications in the event of limited funding.
141          (6) The division:
142          (a) may solicit and receive a donation to further the objectives of this section; and
143          (b) shall deposit any donation received to further the objectives of this section and
144     reserve the use of that donation for the Public Art Installation Initiative.
145          (7) A donation under Subsection (6) may not supplant appropriations for the Public Art
146     Installation Initiative as described in Subsection 9-6-404(2)(b).
147          Section 5. Section 63A-5b-609 is amended to read:
148          63A-5b-609. Expenditure of appropriated funds supervised by director --
149     Contingencies -- Disposition of project reserve funds -- Set aside for Utah Percent-for-Art

150     Program.
151          (1) The director shall:
152          (a) (i) supervise the expenditure of funds in providing plans, engineering
153     specifications, sites, and construction of the buildings for which legislative appropriations are
154     made; and
155          (ii) specifically allocate money appropriated if more than one project is included in any
156     single appropriation without legislative directive;
157          (b) (i) expend the amount necessary from appropriations for planning, engineering, and
158     architectural work; and
159          (ii) (A) allocate amounts from appropriations necessary to cover expenditures
160     previously made from the planning fund under Section 63A-5b-503 in the preparation of plans,
161     engineering, and specifications; and
162          (B) return the amounts described in Subsection (1)(b)(ii)(A) to the planning fund; and
163          (c) hold in a statewide contingency reserve the amount budgeted for contingencies:
164          (i) in appropriations for the construction or remodeling of facilities; and
165          (ii) that are over and above all amounts obligated by contract for planning, engineering,
166     architectural work, sites, and construction contracts.
167          (2) (a) The director shall base the amount budgeted for contingencies on a sliding scale
168     percentage of the construction cost ranging from:
169          (i) [4-1/2] 4.5% to [6-1/2] 6.5% for new construction; and
170          (ii) 6% to [9-1/2] 9.5% for remodeling projects.
171          (b) The director shall hold the statewide contingency funds to cover:
172          (i) costs of change orders; and
173          (ii) unforeseen, necessary costs beyond those specifically budgeted for the project.
174          (c) (i) The Legislature shall annually review the percentage and the amount held in the
175     statewide contingency reserve.
176          (ii) The Legislature may reappropriate to other building needs, including the cost of
177     administering building projects, any amount from the statewide contingency reserve that is in
178     excess of the reserve required to meet future contingency needs.
179          (3) (a) The director shall hold in a separate project reserve state appropriated funds
180     accrued through bid savings and project residual.

181          (b) The director shall account for the funds accrued under Subsection (3)(a) in separate
182     accounts as follows:
183          (i) bid savings and project residual from a capital improvement project, as defined in
184     Section 63A-5b-401; and
185          (ii) bid savings and project residual from a capital development project, as defined in
186     Section 63A-5b-401.
187          (c) The director may use project reserve funds in the account described in Subsection
188     (3)(b)(i) for a capital improvement project:
189          (i) approved under Section 63A-5b-405; and
190          (ii) for which funds are not allocated.
191          (d) The director may:
192          (i) authorize the use of project reserve funds in the accounts described in Subsection
193     (3)(b) for the award of contracts in excess of a project's construction budget if the use is
194     required to meet the intent of the project;
195          (ii) transfer money from the account described in Subsection (3)(b)(i) to the account
196     described in Subsection (3)(b)(ii) if a capital development project has exceeded its construction
197     budget; and
198          (iii) use project reserve funds for any emergency capital improvement project, whether
199     or not the emergency capital improvement project is related to a project that has exceeded its
200     construction budget.
201          (e) The director shall report to the Office of the Legislative Fiscal Analyst within 30
202     days:
203          (i) an expenditure under Subsection (3)(c); or
204          (ii) a transfer under Subsection (3)(d).
205          (f) The Legislature shall annually review the amount held in the project reserve for
206     possible reallocation by the Legislature to other building needs, including the cost of
207     administering building projects.
208          (4) If any part of the appropriation for a building project, other than the part set aside
209     for the Utah Percent-for-Art Program under Title 9, Chapter 6, Part 4, Utah Percent-for-Art
210     Act, remains unencumbered after the award of construction and professional service contracts
211     and establishing a reserve for fixed and moveable equipment, the balance of the appropriation

212     is dedicated to the project reserve and does not revert to the General Fund.
213          (5) (a) (i) One percent of the amount appropriated for the construction of any new state
214     building or facility may be appropriated and set aside for the Utah Percent-for-Art Program
215     administered by the Division of Fine Arts under Title 9, Chapter 6, Part 4, Utah Percent-for-Art
216     Act.
217          (ii) The total amount appropriated and set aside under Subsection (5)(a)(i) may not
218     exceed:
219          (A) $200,000[.], if the new state building or facility is not located in a county of the
220     first class; and
221          (B) $250,000, if the new state building or facility is located in a county of the first
222     class.
223          (b) The director shall release to the Division of Fine Arts any funds included in an
224     appropriation to the division that are designated by the Legislature for the Utah Percent-for-Art
225     Program.
226          (c) Funds from appropriations for a state building or facility may not be set aside:
227          (i) if any part of the funds is derived from the issuance of bonds; and
228          (ii) to the extent the set aside of funds would jeopardize the federal income tax
229     exemption otherwise allowed for interest paid on bonds.
230          Section 6. Section 63I-2-209 is amended to read:
231          63I-2-209. Repeal dates: Title 9.
232          (1) Subsection 9-6-402(1)(b) is repealed January 1, 2035.
233          (2) Subsections 9-6-403(4) and (6)(b) are repealed January 1, 2035.
234          (3) Subsection 9-6-404(2)(a) is amended to read, "Any appropriation received by or
235     available to the director shall be used to acquire existing works of art or to commission the
236     creation of works of art placed in or at appropriate state buildings or facilities as determined by
237     the division." on January 1, 2035.
238          (4) Subsection 9-4-404(2)(b) is repealed January 1, 2035.
239          (5) Section 9-6-410 is repealed January 1, 2035.
240          (6) Section 9-9-112, Bears Ears Visitor Center Advisory Committee, is repealed
241     December 31, 2024.
242          [(2)] (7) Title 9, Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program, is

243     repealed June 30, 2021.
244          [(3)] (8) Title 9, Chapter 17, Humanitarian Service and Educational and Cultural
245     Exchange Restricted Account Act, is repealed on July 1, 2024.
246          [(4)] (9) Title 9, Chapter 18, Martin Luther King, Jr. Civil Rights Support Restricted
247     Account Act, is repealed on July 1, 2024.
248          [(5)] (10) Title 9, Chapter 19, National Professional Men's Soccer Team Support of
249     Building Communities Restricted Account Act, is repealed on July 1, 2024.
250          Section 7. Effective date.
251          This bill takes effect on May 1, 2024.