S 0183 General Bill, By Land
 A Bill to amend Title 10, Code of Laws of South Carolina, 1976, relating to
 public buildings and property, by adding Chapter 6 so as to create the Art in
 State Buildings Program which provides for the acquisition of works of art for
 the newly constructed or renovated state-owned or leased facilities, to
 provide for the expenditure of one-half of one percent of the amount
 appropriated for any state public construction or renovation project, with
 exceptions, to allocate funds for the program, to establish a procedure for
 choosing the works of art, provide for expenditures in the program, and
 establish artists' rights in connection with the program.

   09/17/90  Senate Prefiled
   09/17/90  Senate Referred to Committee on General
   01/08/91  Senate Introduced and read first time SJ-72
   01/08/91  Senate Referred to Committee on General SJ-72
   03/27/91  Senate Committee report: Majority favorable, minority
                     unfavorable General SJ-7

March 27, 1991

S. 183

S. Printed 3/27/91--S.

Read the first time January 8, 1991.

To whom was referred a Bill (S. 183), to amend Title 10, Code of Laws of South Carolina, 1976, relating to public buildings and property, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

Majority favorable. Minority unfavorable.

DONALD H. HOLLAND MICHAEL T. ROSE

For Majority. For Minority.

A BILL

TO AMEND TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING CHAPTER 6 SO AS TO CREATE THE ART IN STATE BUILDINGS PROGRAM WHICH PROVIDES FOR THE ACQUISITION OF WORKS OF ART FOR THE NEWLY CONSTRUCTED OR RENOVATED STATE-OWNED OR LEASED FACILITIES, TO PROVIDE FOR THE EXPENDITURE OF ONE-HALF OF ONE PERCENT OF THE AMOUNT APPROPRIATED FOR ANY STATE PUBLIC CONSTRUCTION OR RENOVATION PROJECT, WITH EXCEPTIONS, TO ALLOCATE FUNDS FOR THE PROGRAM, TO ESTABLISH A PROCEDURE FOR CHOOSING THE WORKS OF ART, PROVIDE FOR EXPENDITURES IN THE PROGRAM, AND ESTABLISH ARTISTS' RIGHTS IN CONNECTION WITH THE PROGRAM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Title 10 of the 1976 Code is amended by adding:

Art in State Buildings Program

Section 10-6-10. (A) The General Assembly recognizes its responsibility to create a more humane environment of distinction, enjoyment, and pride for all of its citizens. The General Assembly recognizes that public art is a resource which stimulates the vitality and economy of the state's communities and which provides opportunities for professional artists and other skilled workers to practice their crafts.

(B) The Art in State Buildings Program must provide quality art works for public appreciation in public buildings and recognize the work of professional artists and craftspersons through the commissioning or purchasing of their art.

(C) The works of art acquired under the provisions of the program may be an integral part of, or attached to (with the exception of leased buildings) a new or renovated state-owned or leased building, or may be displayed on the parcel of land on which the building is located.

(D) The works of art must be located so that they are in public view.

Section 10-6-20. (A) 'Artist' means a practitioner in the visual arts or crafts, generally recognized by critics and peers as a professional of serious intent who is not a member of the project architectural firm, and is not a member of the Arts Commission or its staff, and is not a staff member of the project or of the resident agency, or a member of the Art Selection Committee.

(B) 'Work of Art' includes all forms of original creations of visual art by a professional artist or craftsperson, consisting of, but not limited to: painting, including all media and both portable and permanently affixed works such as murals; sculpture (functional or nonfunctional), including bas-relief, high relief, mobiles, fountain, kinetic, electronic, and in-the-round sculpture; mixed media, including any combination of forms of media, and collage; prints, calligraphy, clay, drawings, stained glass, mosaics, photographs, fiber and textiles, wood, metal, plastics, and other materials or a combination of materials; or environmental landscaping.

(C) 'Project architect' means a person or firm offering the services of a design professional or professionals, with which the State has contracted to design a project to which the percent provisions apply as set forth in Section 10-6-30.

(D) 'State building' means any facility or structure built or renovated by the State using legislatively appropriated funds, with those exceptions provided in Section 10-6-40.

(E) 'Resident agency' means the state agency or agencies which will occupy or otherwise use the planned or renovated building.

(F) 'Commission' means the the South Carolina Arts Commission.

(G) 'Committee' means the committee created by Section 10-6-50.

(H) 'Art Slide Registry' means the slide bank maintained by the Arts Commission in administering the provisions of the Art in State Buildings Program.

(I) 'Program' means the Art in State Buildings Program as created by this chapter.

Section 10-6-30. One-half of one percent of the appropriation for each capital construction or renovation project, with the exception of those projects excluded in Section 10-6-40, is allocated for the acquisition of works of art to be placed in state buildings as a nondeductible item. These funds must be spent in accordance with the provisions of this chapter.

Section 10-6-40. The new construction or renovation projects of state-owned or leased office buildings excluded from the program are:

(1) prisons, motor pool buildings, heating plants, parking lots, maintenance sheds, bridges, sewers and other utility improvements, trails, fishponds, highways (but not including visitor welcome centers), projects which solely correct code deficiencies, buildings of a temporary nature; and

(2) those projects for which the new construction or renovation costs are less than one hundred thousand dollars.

Section 10-6-50. (A) The Art Selection Committee is created and has the membership, powers, and duties as prescribed in this section.

(B) The committee shall choose all art works to be included as a part of the program.

(C) The term of office of each member of the committee is two years, except that of the members first appointed four must be appointed for terms of one year and four must be appointed for terms of two years.

(D) Members of the committee must be appointed as follows:

(1) four persons, one who must be an architect, and three who must be professional artists, curators or directors of professional art museums, or art historians, to be appointed by the commission;

(2) one member of the House of Representatives to be appointed by the Speaker of the House;

(3) one member of the Senate to be appointed by the President of the Senate;

(4) one person, who is not a professional artist, curator or a director of a professional art museum or art historian, representing the general public, to be appointed by the Governor;

(5) one person, who is a current or past member of the State Art Collection Acquisitions Committee, to be appointed by the commission.

(E) Additional voting members, serving on the committee for the specific project in which they are involved, must be:

(1) the project architect;

(2) one person from each of the residency agencies to be appointed by the agency commissioners or director, or a representative of the interior design firm hired for the specific state building or renovation project.

(F) The number of permanent nonvoting members, serving in an advisory capacity to the committee, must be two and include:

(1) the South Carolina State Engineer, or his designee;

(2) a Visual Arts Program Director of the commission.

(G) The chairman of the committee must be elected by the membership.

(H) Committee members may not be paid except for in-state travel expense reimbursement. This reimbursement must be paid by the state agency purchasing the works of art out of funds provided to implement the provisions of this chapter.

(I) Committee members and members of their families may not be considered in the selection of artists.

Section 10-6-60. (A) The committee shall give special attention to an artist, or a completed work of art by an artist, who is a legal resident of this State.

(B) The commission shall announce publicly the existence of the program on an annual basis and individually announce the selection process for each specific project.

(C) The committee shall choose works of art for each public building based upon factors, including, but not limited to, local ordinances, existing art within the proposed site vicinity, environmental concerns, and public accessibility to the work. Due consideration must be given to structural and surface soundness and to permanence in terms of relative proof against theft, vandalism, weathering, or excessive maintenance repair costs. The consideration of highest priority in the selection process must be the inherent quality of the work itself.

(D) Works of any genre appropriate as art in public places must be considered. Works may be participatory in nature.

(E) All visual art forms must be considered. Art works purchased may be either portable or permanently affixed for state-owned buildings.

(F) Works of art purchased for buildings leased by the State may not be permanently affixed.

(G) The committee shall select the artist or a completed work of art by an artist. A simple majority vote of the committee voting membership shall constitute final committee approval.

(H) The acquisition of art under the provisions of this chapter is exempt from any and all state bidding and procurement requirements, as provided for in Section 11-35-710(J).

Section 10-6-70. (A) The commission shall:

(1) contact the resident agency whenever works of art are to be placed in a public place in a state building;

(2) facilitate meetings of the committee for each state building construction or renovation project;

(3) publicize the program with the funds as provided for in subsection (E)(4) of this section;

(4) create and distribute educational materials to the public about the works of art purchased pursuant to the provisions of this chapter with the funds as provided in subsection (E)(4) of this section;

(5) appoint the four members of the committee as provided in Section 10-6-50(D)(1).

(B) The State Engineer shall:

(1) notify the commission upon legislative approval of construction and renovation projects which are subject to the provisions of this chapter and the amounts allocated for this purpose;

(2) serve as an advisory member of the committee as provided in Section 10-6-50(F)(1);

(3) provide project coordination to assure timeliness of completion.

(C) The project architect shall:

(1) serve as a member of the committee as provided in Section 10-6-50(E)(1);

(2) work closely with the artist where required, provide assistance to the artist if the artist so requests, and coordinate the installation of the work.

(D) The artist shall:

(1) be commissioned by the state agency or agencies constructing or renovating a building to execute and complete the work in a timely and professional manner or transfer the title of an existing work of art to the State for incorporation in the building of the resident agency;

(2) execute a written contract including, but not limited to, a tentative description of the work of art, the contract price including the costs of any facsimiles produced under the committee's direction, and a deadline date for completion and installation;

(3) deal personally with the other parties in all phases of the negotiations. However, an artist may, at his option, designate a dealer or agent to represent him in certain aspects of the project;

(4) consult with the project architect on integrating the artwork into the design features of the project;

(5) upon completion of the work of art commissioned or purchased, the artist shall submit to the resident agency a detailed description of the work of art with instructions on care and maintenance. The description form must be submitted concurrently with the final invoice;

(6) consult with the architect to determine as early as possible whether a base or footing, or any other type of structural support, is required for the installation of the work. Unless agreed to in writing to the contrary by the project architect, the artist is responsible for the cost of the installation of any structural support required especially for the work of art;

(7) maintain with the resident agency and the commission, notification of current address in order to facilitate consultation.

(E) The resident agency shall:

(1) notify the project architect of the state law requiring a nondeductible allocation for works of art;

(2) conduct contract negotiations with each artist chosen by the committee to complete a program work of art;

(3) reimburse committee members for in-state travel expenditures from the funds provided to implement the provisions of this chapter;

(4) reimburse the commission from funds appropriated to implement the provisions of this chapter for the commission's necessary expenditures for publicity about the program, administration of the program, and educational materials published and distributed by the commission to the general public in an amount of up to ten percent of the total funds available for a specific program project;

(5) be responsible for all maintenance, preservation, and restoration of works of art purchased pursuant to the provisions of this chapter. The maintenance, preservation, and restoration of the works of art may be performed by entities outside of state government, pursuant to contract, when it is not economical or practical to use state employees;

(6) maintain an inventory of works of art purchased under the program and submit this inventory to the appropriate agencies as provided for in Section 1-1-1110;

(7) appoint one person representing each resident agency to serve as a member of the committee as provided for in Section 10-6-50(E)(2);

(8) be responsible for any cost associated with the dedication or unveiling for the work of art.

Section 10-6-80. (A) Each state agency or agencies constructing or renovating a state-owned or leased building shall serve as the contracting agency with an artist chosen to provide a work of art. Payment to the artist must be provided with funds from the program.

(B) The portion of the funds appropriated for program projects may be expended for the cost of the work of art and all associated fees and materials; identification plaques and labels; waterworks and electrical and mechanical devices or equipment which are integral parts of the work of art; frames, mats, lighting or pedestals necessary for the proper presentation of the work of art, in-state travel reimbursement for committee members, reimbursement to the commission for program administration, publicity about the program, and the promotion of education materials for public distribution.

(C) The portion of the funds appropriated for program projects may not be expended for: reproductions, by mechanical or other means, of original works of art, with the exception of limited editions controlled by the artist; decorative, ornamental, or functional elements which are designed by the project architect or consultants engaged by the project architect; art objects which are mass produced or of standard design; directional or other functional elements, such as supergraphics, signing, color coding, and maps; electrical, water, or mechanical service for activation of the work of art; insurance or security, before or after the work of art is installed.

(D) Partial payments for a work or works of art in progress may be made to the artist if provisions for this are included in the written contract, and provided that these payments do not exceed more than two-thirds of the project contract price.

Section 10-6-90. (A) The State shall receive the rights to sole ownership and public display of all art acquired under the program, subject to the following tangible and intangible rights retained by the artist:

(1) the right to claim authorship of the work of art and have his name associated with it;

(2) the right to prevent degradation, mutilation, or aesthetic ruining of the work;

(3) if provided by written contract, the right to reproduce such work of art, including all rights to which the work of art may be subject under copyright laws, including, but not limited to, derivative and publishing rights but excluding right to public display;

(4) if provided by written contract, the right to receive a specified percentage of the proceeds if the work of art is subsequently sold by the State to a third party other than as part of the sale of the building or grounds on which the work of art is located.

(B) Before the execution of a contract for artwork to be acquired pursuant to the provisions of this chapter, an artist must be informed in writing of the rights specified in this section."

SECTION 2. This act takes effect upon approval by the Governor and applies to all state-owned or leased buildings constructed or renovated after July 1, 1991.