Utah Percent for Art Act
(Utah Public Art Program) Passed February 27, 1985
Effective July 1, 1985

9-6-401. Short title.

This part is known as the "Utah Percent-for-Art Act."

9-6-402. Purpose.

This part is designed to:
(1) establish a program which administers that portion of appropriations for capital expenditures which is set aside for the acquisition of works of art used for public buildings;
(2) enhance the quality of life in the state by placing art of the highest quality in public spaces where it is seen by the general public;
(3) promote and preserve appreciation for and exposure to the arts; and
(4) foster cultural development in the state and encourage the creativity and talents of its artists and craftspeople.

9-6-403. Definitions.

As used in this part:
(1) "Artist" means a practitioner in the visual arts, generally recognized by critics and the artist's peers as a professional who is committed to producing high quality work on a regular basis, and who is not the project architect or a member of the project's architectural firm.
(2) "Acquired or constructed" means acquired, constructed, reconstructed, restored, enlarged, improved, renovated, repaired, replaced, equipped, or furnished in whole or in part with state funds.
(3) "Contracting agency" means the state agency which is responsible for supervising the principal user of a state building or facility.
(4) "Principal user" means the department, board, commission, institution, or agency of the state for the principal use of which a state building or facility is acquired or constructed.
(5) "Program" means the Percent-for-Art Program created in this part.
(6) "Project" means the project whereby state buildings or facilities are acquired or constructed.
(7) (a) "State building or facility" means a state building, permanent structure, facility, park, or appurtenant structure thereof, wholly or partially enclosed, which includes, but is not restricted to a space or facility used or to be used for carrying out the functions of a department, board, commission, institution, or agency of the state, including offices, hearing or meeting rooms, auditoriums, libraries, courtrooms, classrooms, workshops, laboratories, eating or sleeping facilities, or highway rest areas.
(b) "State building or facility" does not include motor pools, heating plants, sheds, sewers, parking lots, bridges, highways, or buildings used solely for storage or warehousing.
(8) "Work of art" or "works of art" means any form of original creation of visual art including, but not restricted to any sculpture, bas relief, high relief, mobile, fountain, painting, graphic, print, lithograph, etching, embossing, drawing, mural, mosaic, supergraphic, fresco, photograph, ceramic, fiber, mixed media, or combination of forms.

9-6-404. Creation of program -- Use of appropriations.

(1) A Percent-for-Art Program shall be administered by the division.
(2) Any appropriation received by the director shall be used to acquire existing works of art or to commission the creation of works of art placed in or at appropriate state buildings or facilities as determined by the division. Any unexpended funds remaining at the end of the fiscal year shall be nonlapsing and not revert to the General Fund.

9-6-405. Procedures, guidelines, and rules.

(1) The division shall follow these guidelines in administering the program:
(a) Works of art shall be acquired under the program for use only with respect to those buildings or facilities that the division determines have significant public use or access, especially where the design and technical construction of the building or facility lend themselves to works of art. All funds set aside and administered by the program from appropriations for any state building or facility of which any part is obtained from the issuance of bonds shall be used only to acquire works of art that will be placed in or at, and remain a part of, that building or facility, to the extent necessary to preserve the federal income tax exemption otherwise allowed for interest paid on the bonds.
(b) The goal of the division in administering the program is to fairly distribute works of art throughout the various social, economic, and geographic communities of the state.
(c) The division shall give first preference to Utah artists, and to artists from other states which have similar percent-for-art programs and demonstrate a reciprocal preference for Utah artists.
(d) The division shall involve the director of the Division of Facilities Construction and Management, or the director's designee, and the project architect in the process of screening or selecting works of art or artists to create works of art for each project and shall involve in that process representatives from the project's principal user or contracting agency, the community in which the project is located, and the art profession. The project's principal user or contracting agency shall have representation at least equal to any other entity on the selection committee, as designated by the project's president or director. Any selection and placement of art shall be by a majority decision of the user agency representatives on the committee and a majority decision of the entire committee. The selection and placement must be approved by the president or director of the principal user.
(e) Any relocation of art placed under this program shall be done with the participation from the division and the Division of Facilities Construction and Management and with approval from the president or director of the principal user.
(f) The costs of administering the program and conserving and maintaining all works of art placed under the program are limited to 15% of the funds deposited in the Utah Percent-for-Art Account.
(2) The division shall adopt procedures, guidelines, and rules as necessary to implement this chapter and administer the program.

9-6-406. Director to enter into contracts.

The director may enter into contracts on behalf of the division to acquire works of art and to commission artists for the creation of works of art as selected by the division or committees established by the division, and may sue and be sued in the name of the division upon these contracts.

9-6-407. Title to work of art vests in the name of the state -- Title subject to restrictions and interests.

(1) Title to a work of art acquired by or created for the program vests upon its completion, installation, and final acceptance in the division in the name of the state.
(2) Title to a work of art acquired from appropriations for any state building or facility of which any part is obtained from the issuance of bonds, and placed in or at that building or facility, is subject to the same restrictions and interests as title to that building or facility, to the extent necessary to preserve the federal income tax exemption otherwise allowed for interest paid on those bonds.

9-6-408. Division responsible for maintenance and security.

The division is responsible, in cooperation with the contracting agency, for the conservation, maintenance, and security of all works of art placed in or at each state building or facility under the program.

9-6-409. Rights of artist commissioned by program.

An artist who is commissioned by the program to create a work of art has the following rights with respect to that work of art:
(1) all rights secured to the artist under federal copyright laws;
(2) the right to claim authorship of the work of art;
(3) the right to photographic reproduction of the work of art;
(4) the right of first refusal:
(a) to conduct all repair and conservation work on the work of art in accordance with accepted principles of professional conservation; and
(b) to purchase the work of art if the state decides to sell it; and
(5) the right to deny further association of the artist's name with or authorship of the work of art if conservation or repair work is done by a person other than the artist, which in the opinion of the artist damages its integrity.