2007 California Government Code Chapter 2.1. Art In Public Buildings

CA Codes (gov:15813-15813.8)

15813.  The Legislature finds and declares that the State of
California has a responsibility for expanding public experience with
art.  The Legislature recognizes that other states have enacted
legislation requiring the expenditure of 1 percent of funds allocated
for the construction of state buildings for works of art for such
buildings.



15813.1.  For purposes of this chapter, the following terms have the
following meanings:
   (a) "State buildings" includes state office buildings, hospitals,
and prisons, and such other state buildings which the State Architect
deems appropriate for the inclusion of art as provided in this
chapter.
   (b) "Work of art" means any work of visual art, including but not
limited to, a drawing, painting, mural, fresco, sculpture, mosaic, or
photograph, a work of calligraphy, a work of graphic art (including
an etching, lithograph, offset print, silk screen, or a work of
graphic art of like nature), crafts (including crafts in clay,
textile, fiber, wood, metal, plastic, glass, and like materials), or
mixed media (including a collage, assemblage, or any combination of
the foregoing art media).  The term "work of art" does not include
environmental landscaping placed about a state building.
   (c) "Council" means the Arts Council.
   (d) "Acquisition" includes acquisition by purchase, lease, or
commission.


15813.2. (a) Financing for works of art in state buildings shall be
subject to an appropriation in the annual Budget Act.  The Governor
shall include a budget item for art in state buildings in the budget
of the council in the annual budget submitted to the Legislature.
   (b) The State Architect and the council, jointly, may accept from
the council any federal money made available to the council and may
expend such funds for the purposes specified in this chapter.



15813.3.  In order to carry out the purposes of this chapter, the
State Architect and the council, jointly, shall do all of the
following:
   (a) (1) Determine and implement procedures for the purchase or
lease by written contract of existing works of art from an artist or
the artist's authorized agent.  Works of art to be purchased or
leased shall be selected by the State Architect and the council,
jointly, from lists of works prepared and submitted by the council or
by advisory committees empowered by the council.  In making such
purchases or in executing such leases, preference may be given to
artists who are California residents.  No lease obligation shall be
incurred under the provisions of this chapter without the prior
approval of the Department of Finance.
   (2) Determine and implement procedures, one of which shall provide
for competition among artists, for the selection and commissioning
of artists by written contract to create works of art.  Commissioned
artists shall be selected by the State Architect and the council,
jointly, from lists of qualified and available artists prepared and
submitted by the council or by advisory committees empowered by the
council.  In making such contracts, preference may be given to
artists who are California residents.
   (3) If competition among artists is the procedure for selection of
an artist pursuant to paragraph (2), a panel of three judges shall
be appointed to make such selection.  The panel shall consist of the
State Architect or a person designated by the State Architect, a
member of the council or a person designated by the council, and one
person selected by the other two who shall be a visual artist, an
architect or designer, a person employed by an art museum, or a
collector of visual art.  At least one judge on each panel shall be a
working visual artist.
   (b) Consult with each artist commissioned regarding the design and
placement of a work of art.
   (c) Ensure that works of art acquired pursuant to this chapter are
placed in a manner so that they are within public view.
   (d) Ensure that the program for acquisition of works of art
pursuant to this chapter results in participation by many different
artists and in acquisitions from among many of the different art
forms referred to in subdivision (b) of Section 15813.1.  A person
who is, or is related to, a member of the council or is employed by
the council, or a person related to or employed in the office of the
State Architect may not be selected or commissioned pursuant to this
chapter.
   (e) Cooperate with other affected state agencies and consult with
the artist to insure that each work of art acquired pursuant to this
chapter is properly maintained and is not artistically altered in any
manner without the consent of the  artist.
   (f) Promulgate rules and regulations, as necessary, in
consultation with the council, and any other person, group, or
association in the State of California related to architecture,
design, or the arts, so as to facilitate the implementation of the
State Architect's responsibilities under this chapter.
   (g) Authorize payments to artists for works of art acquired
pursuant to this chapter.



15813.4.  Except as otherwise provided in this chapter, the
selection and commissioning of artists, and the purchase and
execution of works of art for state buildings shall be exempt from
the provisions of the State Contract Act and other state bidding
requirements.



15813.5.  (a) The state shall receive sole ownership of each work of
art acquired pursuant to this chapter, including all tangible rights
and privileges thereof, subject to the following intangible rights
retained by the artist:
   (1) The right to claim authorship of the work of art.
   (2) The right to reproduce such work of art, including all rights
to which the work of art may be subject under copyright laws.  Such
rights may be limited by written contract.
   (3) 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 in which the work of art is located.
   (b) The rights granted to the artist by subdivision (a) may by
written contract be extended to such artist's heirs, assigns, or
personal representatives, until after the end of the 20th year
following the death of such artist.
   (c) Prior to execution of a written contract, the artist shall be
informed in writing of the rights specified in subdivisions (a) and
(b) which may be granted by contract to the artist or to the artist's
heirs, assigns, or personal representatives.



15813.6.  In consultation with the State Architect, the council
shall prepare a report relative to the art in state buildings program
pursuant to this chapter, to be submitted to Members of the
Legislature as part of any report on the activities and programs of
the council.



15813.7.  If a work of art acquired pursuant to this chapter is to
be sold by the state, such sale shall be made to the highest bidder,
conditioned on the work of art first being offered to the artist at
the bid price.


15813.8.  This chapter shall be known and may be cited as the Art in
Public Buildings Program.