SECTION 320:10-3-14. Eligible projects

(a)   All state agencies, including institutions within The Oklahoma State System of Higher Education, all state departments, boards, councils, and commissions shall allocate, as a nondeductible item out of any expenditures for capital projects including, but not limited to, bond issues for state construction excluding costs for bond issuance and related reserves, an amount of one and one-half percent (1 1/2%) of the expenditure to the Oklahoma Historical Society for the purpose of funding the Oklahoma Art in Public Places Act. [74 O.S., Section 9030.5]

(b)   This allocation shall be applicable to capital projects funded with state monies including those financed by appropriations or bonds. The cost of renovation or construction must be $250,000 or more and the maximum assessment shall not exceed $500,000. This allocation shall be applicable to all state agency capital projects when:

(1)   projects are approved by the appointing authority after September 1, 2004, by a formally written action of the governing board, commission or director as evidenced by official minutes; or

(2)   projects are approved in writing by execution of the initial construction contract on or after July 1, 2006.

(c)   The works of art commissioned pursuant to the Oklahoma Art in Public Places Act may be placed on public lands, integral to or attached to a public building or structure, or detached within or outside a public building or structure. [74 O.S., Section 9030.5]

(d)   For the purposes of the Art in Public Places Program, each building or structure receiving state capital improvement funds is a separate project and each separate project will be evaluated and assessed on its own. Under certain circumstances and with the prior approval of the Oversight Committee, when one project agency has two or more concurrent capital improvement projects in one general location, monies allocated for the art component may be pooled.

(e)   When a building or renovation project is approved (either in official minutes or by executing the initial construction contract), the art allocation is figured on the projected costs at that time. If more state money is received but the project has not materially or substantially changed, there is not an additional assessment on those funds. In those instances, the additional funds are assumed to be for unexpected inflation, unplanned contingencies or to cover a financial deficit. If, however, the project has been altered, expanded or modified in a significant way causing the need for additional monies, then those additional state funds will be included in the Art in Public Places assessment.

(f)   If a building or renovation project is completed in predetermined phases or stages with separate funding for each phase, there is an assessment on each appropriation or bond for the specific phases. However, with prior approval of the Oversight Committee, the assessments may be pooled in order to create one significant work of art.

[Source: Added at 24 Ok Reg 335, eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff 6-25-07]