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S1082aaH....................................by COMMERCE AND HUMAN RESOURCES
ART IN PUBLIC PLACES - Amends and adds to existing law to provide an
exemption from competitive bidding for art acquired, restored or conserved
pursuant to the Idaho Art in Public Places Act; to establish an art in
public places program; to provide for administration of the program by the
Idaho Commission on the Arts; to provide for a statement of purpose; to
define terms; to provide for acquisition, restoration and conservation of
art in state buildings under construction, renovation, remodel or
restoration; to provide a formula to determine the amount that may be
expended on works of art; to establish and provide for administration of a
state fund; to provide an advisory panel; to provide for the use of
matching nonstate funds; to provide for public education programs; to
require authorization for payment to artists; to provide for acquisition;
to provide for maintenance and expenses; and to provide limitations on the
application.
02/07 Senate intro - 1st rdg - to printing
02/08 Rpt prt - to St Aff
02/20 Rpt out - rec d/p - to 2nd rdg
02/21 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 27-6-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Goedde, King-Barrutia, Lodge, Noh, Richardson, Risch, Sandy,
Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
Williams,
NAYS -- Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough
Absent and excused -- Lee, Sims
Floor Sponsor -- Davis
Title apvd - to House
02/28 House intro - 1st rdg - to St Aff
03/08 Rpt out - to Gen Ord
03/12 Rpt out amen - to 1st rdg as amen
03/13 1st rdg - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/22 Ret'd to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1082
BY COMMERCE AND HUMAN RESOURCES COMMITTEE
1 AN ACT
2 RELATING TO STATE GOVERNMENT AND STATE AFFAIRS; AMENDING SECTION 67-5711C,
3 IDAHO CODE, TO PROVIDE AN EXEMPTION FROM COMPETITIVE BIDDING FOR ART
4 ACQUIRED, RESTORED OR CONSERVED PURSUANT TO THE IDAHO ART IN PUBLIC PLACES
5 ACT; AMENDING TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 87,
6 TITLE 67, IDAHO CODE, TO PROVIDE A SHORT TITLE, TO ESTABLISH AN ART IN
7 PUBLIC PLACES PROGRAM AND TO PROVIDE FOR THE ADMINISTRATION OF THE PROGRAM
8 BY THE IDAHO COMMISSION ON THE ARTS, TO PROVIDE A STATEMENT OF PURPOSE, TO
9 DEFINE TERMS, TO PROVIDE FOR ACQUISITION, RESTORATION AND CONSERVATION OF
10 ART IN STATE BUILDINGS UNDER CONSTRUCTION, RENOVATION, REMODEL OR RESTORA-
11 TION, TO PROVIDE A FORMULA TO DETERMINE MONETARY AMOUNT THAT MAY BE
12 EXPENDED ON WORKS OF ART AND TO ESTABLISH AND PROVIDE FOR THE ADMINISTRA-
13 TION OF A STATE FUND, TO PROVIDE A PROCEDURE FOR THE ACQUISITION, RESTORA-
14 TION OR CONSERVATION OF WORKS OF ART, TO PROVIDE AN EXEMPTION FROM COMPET-
15 ITIVE BIDDING FOR ART ACQUIRED, RESTORED OR CONSERVED PURSUANT TO THE
16 CHAPTER, TO PROVIDE FOR AN ADVISORY PANEL, TO PROVIDE THE COMMISSION WITH
17 RULEMAKING AUTHORITY AND REQUIREMENTS, TO PROVIDE FOR THE USE OF MATCHING
18 NONSTATE FUNDS, TO PROVIDE FOR PUBLIC EDUCATION PROGRAMS, TO REQUIRE
19 AUTHORIZATION FOR PAYMENT TO ARTISTS AND TO PROVIDE EXCEPTIONS TO APPLICA-
20 TION OF THE CHAPTER, TO PROVIDE FOR ACQUISITION BY THE STATE ART COLLEC-
21 TION AND TO PROVIDE FOR MAINTENANCE AND EXPENSES AND TO PROVIDE LIMITA-
22 TIONS ON THE APPLICATION OF THE CHAPTER.
23 Be It Enacted by the Legislature of the State of Idaho:
24 SECTION 1. That Section 67-5711C, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 67-5711C. CONSTRUCTION OF PUBLIC PROJECTS -- COMPETITIVE SEALED BIDDING.
27 (1) All construction contracts for public works shall be awarded to the lowest
28 responsible and responsive bidder after receipt of competitive sealed bidding
29 except as otherwise provided in sections 67-5713 and 67-5711B, Idaho Code, and
30 the provisions of chapter 87, title 67, Idaho Code.
31 (2) An invitation for bids shall be issued and shall include a project
32 description and all contractual terms and conditions applicable to the public
33 works.
34 (3) Adequate public notice of the invitation for bids shall be given at
35 least fourteen (14) days prior to the date set forth therein for the opening
36 of bids. Such notice shall include publication at least fourteen (14) days
37 prior to bid opening in a newspaper of general circulation in the area where
38 the work is located.
39 (4) Bids shall be opened publicly at the time and place designated in the
40 invitation for bids. The amount of each bid and such other relevant informa-
41 tion as may be specified by rules, together with the name of each bidder,
42 shall be entered on a record and the record shall be open to public inspec-
43 tion. After the time of the award all bids and bid documents shall be open to
2
1 public inspection in accordance with the provisions of sections 9-337 through
2 9-347 and 67-5725, Idaho Code.
3 (5) With respect to a project having a written cost estimate of greater
4 than two thousand five hundred dollars ($2,500) but less than the public works
5 limit established in section 67-5711, Idaho Code, the agency, if it does not
6 perform the work with existing physical plant staff, must award a written con-
7 tract to the lowest responsible and responsive bidder after soliciting at
8 least three (3) documented informal bids from contractors licensed in Idaho to
9 perform public works contracts, if reasonably available. Adequate public
10 notice of the invitation for informal bids shall be given at least seven (7)
11 days prior to the date set forth therein for the receipt of the informal bids.
12 Such notice may include publication at least seven (7) days prior to bid open-
13 ing in a newspaper of general circulation in the area where the work is
14 located; or the agency may advertise the invitation for bids in appropriate
15 trade journals, and otherwise notify persons believed to be interested in the
16 award of a contract. Informal bids must be submitted by the contractor in
17 writing in response to a prepared written document describing the project's
18 scope of work in sufficient detail so as to enable a contractor familiar with
19 such work to prepare a responsible bid. Nothing herein exempts an agency from
20 the responsibility of utilizing formal plans and specifications if the work
21 involves the public health or safety as described in chapters 3 and 12, title
22 54, Idaho Code. The agency must document receipt of the informal bids in the
23 project file.
24 (6) Any personal property including goods, parts, supplies and equipment
25 which is to be supplied or provided by a state agency for use in any public
26 work, project, or preventive maintenance programs, whether the public work,
27 project, or preventive maintenance program is constructed, undertaken or per-
28 formed by agency in-house personnel, or by delegation pursuant to section
29 67-5710A, Idaho Code, or otherwise provided or supplied by the agency to a
30 contractor, the personal property, goods, parts, supplies or equipment sup-
31 plied or provided by the agency must be purchased or procured by the agency
32 through the division of purchasing in accordance with the Idaho Code.
33 SECTION 2. That Title 67, Idaho Code, be, and the same is hereby amended
34 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
35 ter 87, Title 67, Idaho Code, and to read as follows:
36 CHAPTER 87
37 ART IN PUBLIC PLACES ACT
38 67-8701. SHORT TITLE. This chapter shall be known and may be cited as the
39 "Idaho Art in Public Places Act."
40 67-8702. ESTABLISHMENT -- ADMINISTRATION. There is hereby established an
41 art in public places program to be administered by the Idaho commission on the
42 arts. All works of art purchased and commissioned under the art in public
43 places program shall become a part of the state art collection developed,
44 administered and operated by the Idaho commission on the arts.
45 67-8703. PURPOSE. The state of Idaho, in recognition of its responsibil-
46 ity to improve the cultural environment of the state and in recognition that
47 public art is a resource that stimulates the vitality and economy of the
48 state's communities and provides opportunity for artists and other skilled
49 workers to practice their crafts, declares that a portion of the funds for the
50 construction, renovation, remodeling or restoration of appropriate state
3
1 buildings be allocated for the acquisition of works of art or restoration or
2 conservation of existing works of art for those buildings.
3 67-8704. DEFINITIONS. As used in this chapter:
4 (1) "Architect" means any person licensed to practice architecture pursu-
5 ant to laws of the state of Idaho and designated as the project architect for
6 a specific capital construction, renovation, remodeling or restoration proj-
7 ect.
8 (2) "Artist" means a practitioner in the visual arts, generally recog-
9 nized by critics and the artist's peers as a professional who is committed to
10 producing high quality work on a regular basis, and who is not the project
11 architect or a member of the project's architectural firm.
12 (3) "Building" means any permanent structure and any appurtenant struc-
13 ture intended to function as an office, courtroom, hearing or meeting room or
14 other space for carrying on the operation of any state body and any audito-
15 rium, meeting room, classroom or other educational facility, library or museum
16 space, or information center for use by the public, excluding utility lines,
17 water projects, school buildings, city buildings, county buildings, public
18 restrooms at state parks, separate structures which are not part of a larger
19 construction project intended solely as storage, warehouse or maintenance and
20 repair facilities.
21 (4) "Commission" means the Idaho commission on the arts.
22 (5) "Construction cost" means the cost for the actual design and original
23 construction of any new state building or the renovation, remodeling or res-
24 toration of an existing state building which is funded in total or in part by
25 appropriated state funds or funded through the Idaho state building authority,
26 excluding land acquisition. The phrase does not include the cost for any
27 building funded in part by city or county funds.
28 (6) "State body" means any department, board, commission or agency of the
29 state of Idaho.
30 (7) "Work of art" or "works of art" means any form of original creation
31 of visual art including, but not restricted to, any sculpture, bas relief,
32 high relief, mobile fountain, painting, graphic, print, lithograph, etching,
33 embossing, drawing, mural, mosaic, supergraphic, fresco, photograph, ceramic,
34 fiber, mixed media or combination of forms.
35 67-8705. ART FOR STATE BUILDINGS -- COSTS -- STATE FUND. (1) Except as
36 otherwise provided in this chapter, the original construction of any new state
37 building or the renovation, remodeling or restoration of any existing state
38 building where the cost of renovation, remodeling or restoration exceeds four
39 hundred thousand dollars ($400,000), shall include works of art for public
40 display. The works of art may be an integral part of the building, attached
41 thereto or may be displayed on the parcel of land on which the state building
42 is located. The works of art must be so located that they are in public view.
43 (2) Acquisition costs for works of art, or costs for restoration or con-
44 servation of existing works of art, shall be included by the state body in
45 determining total construction costs of the building and shall be in an amount
46 equal to one-quarter of one percent (0.25%) to one-half of one percent (0.5%)
47 of the construction cost of the building.
48 (3) There is hereby created in the state treasury a fund to be known as
49 the "Idaho Art in Public Places Fund" to which shall be deposited such moneys
50 as may be appropriated to it, as otherwise provided by law, or as may be pro-
51 vided by private sources. The fund shall be used exclusively for the purchase
52 of works of art, or for the restoration or conservation of existing works of
53 art, taking into consideration the artists' preliminary site visit, the design
4
1 fee, the total costs of construction and installation of the work of art,
2 advisory panel expenses, and program administration in compliance with the
3 provisions of this chapter. Interest earned on idle moneys in the fund shall
4 be paid to the fund. Any unencumbered, unexpended moneys remaining at the end
5 of the fiscal year may be retained in the fund for use in the following fiscal
6 year.
7 (4) All moneys allocated for the acquisition, restoration or conservation
8 of works of art pursuant to this section shall be transmitted to the state
9 treasurer, who shall credit the same to the Idaho art in public places fund.
10 (5) The commission shall have the authority and the responsibility to
11 administer moneys in the fund for the purposes indicated.
12 67-8706. IDAHO COMMISSION ON THE ARTS TO ACQUIRE WORKS OF ART -- ADVISORY
13 PANEL TO CONSULT IN ACQUISITION -- PROCEDURE -- PUBLIC EDUCATION PROGRAMS. (1)
14 In administering this chapter, the commission shall supervise the advisory
15 panel and, in consultation with the advisory panel, select pursuant to subsec-
16 tion (3) of this section, and designate works of art and sites for placement
17 and shall accordingly and as necessary, select, purchase, restore, conserve,
18 commission, review, place, accept, sell, exchange or dispose of works of art.
19 (2) The acquisition of works of art or the restoration or conservation of
20 existing works of art pursuant to this chapter shall not require advertisement
21 for bids according to the provisions of chapter 11, title 67, Idaho Code.
22 (3) The commission shall appoint an advisory panel to recommend artists
23 to be commissioned, completed works of art to be purchased or existing works
24 of art to be restored or conserved. The panel must consist of the project
25 architect or their designee, a professional artist, a representative from the
26 state body for which the project is being performed, a representative from the
27 community in which the project is being performed and a member of the commis-
28 sion. Advisory panel members who are not state employees shall be reimbursed
29 for actual and necessary travel expenses incurred in fulfilling their duties
30 under this section. Such expenses shall be deducted from the allocation for
31 works of art for the project in which the panel member is participating or, at
32 the commission's discretion, paid from the Idaho art in public places fund.
33 (4) The commission shall, by rule, establish the jury procedure for the
34 selection of works of art acquired, restored or conserved under this chapter,
35 which shall at minimum:
36 (a) Give preference to Idaho artists;
37 (b) Prohibit consideration of any work of art of any panel member or a
38 member of his immediate family for the project on which the panel member
39 is serving;
40 (c) Require cooperation and communication with local and national art
41 agencies;
42 (d) Provide a process for the transfer of acquired works of art from one
43 (1) location to another.
44 (5) The commission may, upon request of any state body, authorize the
45 acquisition of works of art, or the restoration or conservation of existing
46 works of art, through the use of matching funds available from nonstate
47 sources.
48 (6) In addition to other duties imposed pursuant to this chapter, the
49 commission shall develop and implement public education programs on the pur-
50 pose of this chapter, the process for selecting works of art for placement in
51 buildings, the state art collection and on the acquired works of art.
52 (7) No payment may be made to any artist for works of art without prior
53 authorization of the commission.
54 (8) Notwithstanding the provisions of this chapter, state funds shall not
5
1 be expended to acquire, conserve, restore, or install works of art for a par-
2 ticular project, if the commission determines that any of the following is
3 true:
4 (a) A work of art would be inappropriate on the particular project;
5 (b) There will be little opportunity for public appreciation of any work
6 of art in or on the state building or its grounds;
7 (c) The value of one (1) or more features or characteristics inherent in
8 the architectural design of the state building should be considered to
9 apply toward the one-quarter of one percent (0.25%) to one-half of one
10 percent (0.5%) requirement;
11 (d) The state building will be amply provided with works of art without
12 the expenditure.
13 67-8707. ACQUISITIONS PROPERTY OF STATE ART COLLECTION -- MAINTENANCE --
14 EXPENSES. (1) Upon acquisition of any work of art in accordance with this
15 chapter, the work of art becomes the property of the state art collection,
16 subject to the artist's right to claim authorship of the work of art, and the
17 commission shall:
18 (a) Maintain an inventory of the acquired work of art;
19 (b) Maintain and preserve the work of art;
20 (c) Periodically review and examine the acquired work of art and report
21 to the state body on any necessary restoration, repair, deaccession or
22 replacement of the work of art.
23 (2) The expenses incurred by the commission in performing duties imposed
24 under this section shall be paid from the Idaho art in public places fund.
25 67-8708. APPLICATION. Nothing in this chapter shall limit the acquisition
26 or placement of works of art acquired from other nonstate sources nor shall
27 this chapter limit the use of architectural, functional or structural detail-
28 ing or garnishing in the construction, remodeling, renovation or restoration
29 of any building.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Kunz
Seconded by Jaquet
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1082
1 AMENDMENTS TO SECTION 2
2 On page 5 of the printed bill, following line 3, insert:
3 "(a) The work of art is not consistent with generally accepted standards
4 of decency held by the Idaho public;";
5 in line 4, delete "(a)" and insert: "(b)"; in line 5, delete "(b)" and insert:
6 "(c)"; in line 7, delete "(c)" and insert: "(d)"; and in line 11, delete "(d)"
7 and insert: "(e)".
STATEMENT OF PURPOSE
RS 10798
To provide for art in public places. The bill recognizes the
State of Idaho's responsibility to improve the cultural
environment of the State and to recognize that public art
stimulates the vitality and economy of the state's communities.
The bill purpose shall include that a small percent of the
construction costs of the building or renovation be dedicated to
works of art.
FISCAL IMPACT
Fiscal impact will vary from year to year based on the amount and
type of projects undertaken. Using fiscal year 2001 data, the
fiscal impact would have been $60,000. The fiscal impact would be
to the permanent building fund.
Contact
Name: Senator Bart M. Davis
Phone: 332-1339
Revised February 20, 2001
STATEMENT OF PURPOSE/FISCAL NOTE S 1082
REVISED REVISED REVISE