Section 24-48.5-312 - Art in public places program - allocations from capital construction costs - guidelines - fund created - definitions(1)(a) The state of Colorado, in recognition of its responsibility to create a more humane environment of distinction, enjoyment, and pride for all of its citizens and in recognition that public art is a resource that stimulates the vitality and economy of the state's communities and that provides opportunity for artists and other skilled workers to practice their crafts, declares it to be a matter of state policy that, when appropriate, a portion of each capital construction appropriation be allocated for the acquisition of works of art to be placed in public places.(b) There is hereby established an art in public places program to be administered by the council; except that, on and after July 1, 2010, the program shall be administered by the director of the division. All works of art purchased and commissioned under the art in public places program shall become a part of the state art collection developed, administered, and operated by the council. All works of art purchased or commissioned under this section prior to March 19, 1987, shall be considered a part of the state art collection to be administered by the council.(2) As used in this section, unless the context otherwise requires: (a) "Architect" means the person or firm designing the public construction project. "Architect" includes architects, landscape architects, interior designers, and other design professionals.(b) "Artist" means a practitioner in the visual arts generally recognized by peers or critics as a professional who produces works of art. "Artist" does not include the architect of a public building under construction or any member of the architect's firm.(b.5) "Capital construction" has the same meaning as in section 24-30-1301 (2)(a), (2)(b), and (2)(c).(c) "Public construction project" means a capital construction project subject to the provisions of section 24-30-1303 (3).(d) "Works of art" means all forms of original creations of visual art including, but not limited to: (I) Sculpture, in any material or combination of materials, whether in the round, bas-relief, high relief, mobile, fountain, kinetic, or electronic;(II) Painting, whether portable or permanently fixed, as in the case of murals;(V) Crafts made from clay, fiber and textiles, wood, glass, metal, plastics, or any other material, or any combination thereof;(VII) Mixed media composed of any combination of forms or media;(VIII) Unique architectural stylings or embellishments, including architectural crafts;(IX) Environmental landscaping; and(X) Restoration or renovation of existing works of art of historical significance.(3)(a)(I)(A) Except as provided in subsections (3)(a)(III) and (3)(a)(IV) of this section, each appropriation for a capital construction project must include as a nondeductible item an allocation of not less than one percent of the state funded portion of the total construction costs to be used for the acquisition of works of art.(B) An appropriation for professional services may include planning for acquisition of works of art as required under sub-subparagraph (A) of this subparagraph (I). Such appropriation may be applied to the funding specified in sub-subparagraph (A) of this subparagraph (I).(II)(A) Except as provided in subsection (3)(a)(III) of this section, commencing after August 11, 2010, any capital construction project that is the subject of a financed purchase of an asset or certificate of participation agreement, as defined in section 24-82-801 (4), that provides for payments from money that has been appropriated in full or in part by the state must include as a nondeductible item in the project budget an allocation of not less than one percent of the state-funded portion of the total construction costs to be used for the acquisition of works of art.(B) An appropriation for professional services may include planning for acquisition of works of art as required under sub-subparagraph (A) of this subparagraph (II). Such appropriation may be applied to the funding specified in sub-subparagraph (A) of this subparagraph (II).(III) The requirements specified in this subsection (3)(a) do not apply to: (A) Capital construction appropriations covered by section 24-48.5-313;(B) Agricultural facilities where livestock are housed or agricultural products are grown;(C) Capital construction appropriations for controlled maintenance as defined in section 24-30-1301 (4);(D) Any financed purchase of an asset or certificate of participation agreements entered into by the state treasurer on behalf of the state pursuant to article 43.7 of title 22;(E) Any construction by the Colorado department of public health and environment for cleanup and redevelopment of contaminated sites;(F) Any state appropriation for charter school capital construction pursuant to part 4 of article 30.5 of title 22, C.R.S.;(G) Capital construction appropriations for capital renewal as defined in section 24-30-1301 (3); and(H) Any capital construction projects that the capital development committee, in consultation with the council, agrees do not meet the original purpose of the requirement specified in this paragraph (a), and determines by affirmative vote that the project meets one of the exceptions allowed in sub-subparagraphs (A) to (G) of this subparagraph (III).(IV) For purposes of this section, the state funded portion of the total construction costs for a capital construction project includes appropriations from the revenue loss restoration cash fund created in section 24-75-227 (2)(a) to a state agency or institution of higher education for the capital construction project. For appropriations made for the 2022-23 fiscal year only, a state agency or institution of higher education that received an appropriation for a capital construction project is not required to allocate not less than one percent of the state funded portion of the total costs of a capital construction project for the acquisition of works of art in accordance with subsection (3)(a)(I)(A) of this section. A state agency or an institution of higher education that opts not to allocate a portion of the total construction costs for the acquisition of works of art in accordance with subsection (3)(a)(I)(A) of this section may use the money that would otherwise be allocated for such purposes for any other costs associated with the capital construction project.(a.5) The general assembly hereby finds and declares that exceptions from the requirements specified in paragraph (a) of this subsection (3) must be determined by the general assembly, through the capital development committee, not by individual state agencies, institutions of higher education, or the council.(b) If the allocation provided for in paragraph (a) of this subsection (3) is equal to or greater than one thousand dollars, the council shall select a jury as described in paragraph (a) of subsection (6) of this section.(c) If the allocation provided for in subsection (3)(a) of this section is less than one thousand dollars, the council may, at its discretion, either select a jury or direct that the funds be held within the creative industries cash fund described in subsection (8) of this section for the acquisition of works of art for the state agency for which the capital construction project is to be constructed. Whenever the funds for any state agency equal or exceed one thousand dollars, the council shall select a jury as described in subsection (6)(a) of this section.(d) The works of art acquired under this part 3 shall be placed in a publicly accessible location within the state agency for which the capital construction project is to be constructed. A collection of works of art may be selected for placement within the state agency and, at the discretion of the state agency and the council, made available for loan, circulation, and exhibition in other public facilities.(4) The office of state planning and budgeting is responsible for insuring compliance with the provisions of subsection (3) of this section.(5) The administration of the art in public places program includes supervision of the jury process that convenes to select the site and the artwork, contracting, purchase, commissioning, and reviewing of design, execution, and placement. Acceptance of works of art shall be the responsibility of the council. These activities shall be conducted in consultation with the executive directors of the respective state agencies. The administration of the art in public places program shall not include bearing the costs of maintaining or insuring the works of art. Such costs shall be the responsibility of the respective state agencies.(6) All works of art acquired with funds allocated under subsection (3) of this section shall be contracted for separately from all other items in the original construction plans pursuant to the following guidelines:(a) Selection of artists shall be by the jury method. The council shall select jury members and convene juries. Jury recommendations shall be presented to the council for review and final approval. Any significant changes in the design or construction of the work of art occurring after such final approval of the artist shall be subject to the approval of both the jury and the council. The council shall determine which changes shall be considered significant for the purposes of this paragraph (a). Each jury shall contain at least the following: (I) A representative from the contracting state agency for which the capital construction project is to be constructed;(III) A professional artist;(IV) A representative from each community in which a capital construction project is to be constructed;(V) A member of the council;(VI) A representative from the contracting state agency who is a tenant or future tenant of the capital construction site;(VII) A member of the state house of representatives to be appointed by the speaker of the house; and(VIII) A member of the state senate to be appointed by the president of the senate.(b) Residents of Colorado shall be the participants of this program except for artists from other states and territories who have achieved national recognition in their specific forms of expression.(c) Jury members who are not state employees shall be reimbursed for actual and necessary travel expenses incurred in fulfilling their duties under this section. Such expenses shall be deducted from the one percent allocation for art.(8) For the 2010-11 fiscal year and each fiscal year thereafter, all moneys allocated for the acquisition of works of art pursuant to subsection (3) of this section shall be transmitted to the state treasurer, who shall credit the same to the creative industries cash fund created in section 24-48.5-301.(9) Nothing in this section shall be construed to preclude the placement of works of art in public places other than those placed pursuant to this section.Amended by 2023 Ch. 400,§ 1, eff. 6/6/2023.Amended by 2021 Ch. 325, § 38, eff. 7/1/2021.Amended by 2018 Ch. 337, § 1, eff. 8/8/2018.Amended by 2017 Ch. 264, § 74, eff. 5/25/2017.Amended by 2015 Ch. 255, § 2, eff. 5/29/2015.Amended by 2014 Ch. 378, § 46, eff. 6/6/2014.L. 2010: Entire part added with relocations, (SB 10-158), ch. 1006, p. 1006, § 1, effective July 1; (3)(a) amended, (SB 10-094), ch. 993, p. 993, § 4, effective August 11. L. 2014: (2)(b.5) added and (3)(a)(I), (3)(a)(II), (3)(a)(III), and (4) amended, (HB 14-1387), ch. 1844, p. 1844, § 46, effective June 6. L. 2015: (2)(b.5), (3)(a)(III)(F), and (3)(a)(III)(G) amended and (3)(a)(III)(H) and (3)(a.5) added, (SB 15-208), ch. 929, p. 929, § 2, effective May 29. L. 2017: (3)(c) amended, (SB 17-294), ch. 1403, p. 1403, § 74, effective May 25. L. 2018: (3)(a)(II)(A) amended, (SB 18-232), ch. 2021, p. 2021, § 1, effective August 8. (1) This section is similar to former § 24-80.5-101 as it existed prior to 2010.
(2) Subsection (7)(e) provided for the repeal of subsection (7), effective July 1, 2011. (See L. 2010, p. 1006.)
(1) For the legislative declaration in the 2010 act amending subsection (3)(a), see section 1 of chapter 230, Session Laws of Colorado 2010. (2) For the legislative declaration in HB 14-1387, see section 1 of chapter 378, Session Laws of Colorado 2014.