Bill Text: NJ A4070 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes arts program for acquisition and display of visual artwork by New Jersey artists in State House and Annex.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2016-09-15 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A4070 Detail]
Download: New_Jersey-2016-A4070-Introduced.html
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
Assemblywoman PATRICIA EGAN JONES
District 5 (Camden and Gloucester)
SYNOPSIS
Establishes arts program for acquisition and display of visual artwork by New Jersey artists in State House and Annex.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the establishment of an arts program for the State House and Annex and amending P.L.1966, c.214 and P.L.1978, c.117.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1966, c.214 (C.52:16A-26) is amended to read as follows:
2. The duties of the council shall be:
(a) To take such steps as may be deemed necessary and appropriate to stimulate and encourage the study and presentation of the performing and creative arts, and to foster public interest in and support of the arts in our State.
(b) To make such surveys as may be deemed advisable to public and private institutions within the State engaged in the performing and creative arts, and to make recommendations for appropriate action to enlarge the State's resources in the performing and creative arts.
(c) To encourage and assist freedom of expression in the performing and creative arts.
(d) To assist in complementing the design of public buildings in this State in accordance with the provisions of the "Public Buildings Arts Inclusion Act[.]," and to establish, maintain, and administer, in consultation with the State House Commission, an arts program to acquire and display visual artwork in the State House and State House Annex, in accordance with section 3 of P.L.1978, c.117 (C.52:16A-31).
For the purposes of this act, the term "performing and creative arts" shall include, but not be limited to, music, theater, dance, literature, painting, sculpture, architecture, photography, film art, handicrafts, graphic arts and design.
(cf: P.L.1978, c.117, s.6)
2. Section 2 of P.L.1978, c.117 (C.52:16A-30) is amended to read as follows:
2. For the purposes of this act, except as the context may otherwise clearly require:
a. "Public building" means any permanent structure, wholly or partially enclosed, which is intended to provide offices, courtrooms, hearing rooms, auditoriums, meeting rooms, classrooms and other educational facilities, eating or sleeping facilities, medical or dental facilities, transportation terminals, libraries, museums and the like, which are intended for the use or accommodation of the general public or for any category or classification thereof in connection with the furtherance of public law or policy necessarily or incidentally requiring the provision of such accommodations or facilities, together with all its grounds and appurtenant structures and facilities.
b. "Fine arts" means sculpture, murals, mosaics, bas reliefs, frescoes, tapestries, monuments, fountains and other ornamentations or displays which are intended to complement the artistic quality and esthetic effect of any buildings or structures in which they are contained or to which they are applied or with which they are connected, even if spacially separated, by their integration into a total architectural design. The term does not include the incidental ornamental detail of functional structural elements or of hardware and other functional accessories unless such ornamental detail is not generally available from the manufacturers or purveyors of such materials and must be specially designed and produced for use in a particular building or related group of buildings.
c. "State" means the Government of the State of New Jersey and all departments, bureaus, boards, commissions, agencies and instrumentalities thereof, except political subdivisions (as the same are defined in the "Local Government Supervision Act (1947)" (P.L.1947, c.151 (C.52:27BB-1 et seq.)), and their agencies and instrumentalities.
d. "Contracting officer" means the public officer or body responsible for securing the preparation of plans and specifications of a public building for the purpose of negotiating or advertising for bids for the construction of such building.
e. "Principal user" means that public officer or employee who will have principal administrative responsibility for the actual utilization of a proposed public building; or, if such officer or employee has not been duly designated, then the public officer, employee, board, commission or other agency or instrumentality which is authorized to make such designation, or a representative thereof authorized or designated thereby to perform the duties and functions provided in this act to be performed by the principal user.
f. "Architect" means any architect, engineer or other person licensed or otherwise authorized by or pursuant to law to prepare plans and specifications for a public building.
g. "Council" means the New Jersey State Council on the Arts established pursuant to P.L.1966, c.214 (C.52:16A-25 et seq.), or any committee or officer thereof as may be from time to time authorized and delegated by the council to perform for it and in its name any of the functions provided for in this act.
h. "Visual artwork" means any work of art appropriate for a gallery display or other comparable display, including but not limited to painting, sculpture, photography, film art, handicrafts, graphic arts and design, and furniture.
(cf: P.L.1978, c.117, s.2)
3. Section 3 of P.L.1978, c.117 (C.52:16A-31) is amended to read as follows:
3. a. Whenever a new public building is to be constructed at the expense and for the use of the State, the contracting officer shall, together with the architect whom he has engaged, consult with the council regarding the elements of fine arts to be included or incorporated in the design of such building or buildings.
b. As a result of such consultations the architect may incorporate the recommendations of the council in the design of such building or buildings. Expenditures for recommendations concerning the inclusion of artistic designs in State buildings shall be approved by the State House Commission.
c. The total estimated cost of the fine arts elements included in such plans and specifications for a public building or group of public buildings for the purpose of implementing the design thereof in accordance with the purposes of this act shall not exceed 1 1/2 % of the total estimated cost of the construction of such building or group of buildings.
d. The council shall establish, maintain, and administer an arts program for the acquisition and display of visual artwork in the State House and State House Annex.
Whenever new construction is planned for the State House or State House Annex at the expense and for the use of the State, an amount not to exceed the one half portion of the 1 1/2 % of the total estimated cost of the work as specified in subsection c. of this section may be utilized by the council for the purposes of the program. Whenever any other capital project with an estimated cost that is greater than $40,000 is planned for the State House or State House Annex at the expense and for the use of the State, an amount not be exceed 1 1/2% of the total estimated cost of the work may be utilized by the council for the purposes of the program.
Once visual artwork is selected, the council shall recommend its acquisition and display to the State House Commission. Expenditures for a recommendation by the council for the acquisition, display, and conservation of visual artwork in the State House and State House Annex shall be approved by the State House Commission. The council may also accept donations for the program and any such public funds as may be appropriated or otherwise made available to it for that purpose.
All visual artwork acquired and displayed under this arts program shall be original artwork by artists who are residents of the State at the time of acquisition.
Acquisition may be made by directly purchasing original existing artwork available for purchase or by commissioning the creation of original artwork. The program may include temporary and permanent exhibits of the acquired artwork.
This subsection shall not apply if an expenditure for a capital project is necessitated by an emergency.
(cf: P.L.1978, c.117, s.3)
4. Section 4 of P.L.1978, c.117 (C.52:16A-32) is amended to read as follows:
4. a. The execution of the fine arts elements determined upon pursuant to section 3 of [this act] P.L.1978, c.117 (C.52:16A-31) shall be let as a separate contract or contracts. Except as provided in section 5 of [this act] P.L.1978, c.117 (C.52:16A-33), the artist or artists who are to execute such fine arts elements shall be selected jointly by the architect and the contracting officer, after consultation with the council and the principal user.
b. For the purpose of assisting in the selection of artists to execute such fine arts elements, the council shall develop criteria which may be employed in the selection process. The council shall also endeavor to establish and maintain a register of competent artists who are citizens and residents of this State, from among whom artists who in the various branches of the fine arts, particularly with reference to artists may be particularly suited for the various types of work likely to be required may be readily identified and selected.
c. Contracts for such work of fine arts elements shall be negotiated within the limits of the estimated cost as determined pursuant to section 3 of [this act] P.L.1978, c.117 (C.52:16A-31). Public competitive bidding shall not be required for any such contract.
d. The execution of visual artwork by commission determined upon pursuant to section 3 of P.L.1978, c.117 (C.52:16A-31) shall be let as a separate contract or contracts. Except as provided in section 5 of P.L.1978, c.117 (C.52:16A-33), the artist or artists who are to execute such visual artwork by commission shall be selected jointly by the council and the State House Commission. For the purpose of assisting in the selection of artists, the council shall develop criteria which may be employed in the selection process. Contracts for such work shall be negotiated within the limits of the estimated cost as determined pursuant to section 3 of P.L.1978, c.117 (C.52:16A-31) Public competitive bidding shall not be required for any such contract.
(cf: P.L.1978, c.117, s.4)
5. Section 5 of P.L.1978, c.117 (C.52:16A-33) is amended to read as follows:
5. a. Upon the council's review of the elements of fine arts to be incorporated in such structure or group of structures, or upon the council's review of the visual artwork to be displayed in the State House and Annex, the council may determine that such selection or selections shall be made by means of public competition. The contract to be let by such competition shall be in fixed amount made public prior to the competition; but no such competition shall be held for the award of a contract of less than $2,500.00.
b. The council shall set the terms of the competition, and shall provide that the artist submitting the design most in accord with the architect's intentions and most in keeping with the style and design of the building, or, in the case of visual artwork for display, that the artist submitting the proposal most in accord with the council's terms, and who, from his designs, proposals, or other materials submitted pursuant to the rules of the competition, appears most able to execute the work in a satisfactory manner, shall be awarded the contract for which the competition is held.
c. In any such competition, the council may provide, within the limit of funds appropriated or otherwise made available to it for the purpose, for the award of prizes to competitors other than those awarded contracts as a result of the competition, on the basis of the artistic qualities of their designs or proposals. Such prizes may be awarded when, in the judgment of the council, it is necessary or desirable in order to encourage a sufficient number of artists to enter the competition so as to provide an ample field of choice in selecting an artist to be awarded a contract.
d. In connection with any competition authorized under this section, the council shall take such steps as are within its power to assure that notice of such competition will be effectively publicized so as to attract competitors; and to that end it is authorized to expend such funds as may be appropriated or otherwise made available to it for that purpose.
e. No expenditure authorized under subsection c. or d. of this section shall be made from or charged to the 1 1/2 % allowance provided for in section 3 of [this act] P.L.1978, c.117 (C.52:16A-31).
(cf: P.L.1978, c.117, s.5)
6. Section 7 of P.L.1978, c.117 (C.52:16A-34) is amended to read as follows:
7. The council, in making recommendations or suggestions to a public body or officer pursuant to the duties imposed upon it under sections 3 and 4 of [this act] P.L.1978, c.117 (C.52:16A-31 and C.52:16A-32), or in arranging, conducting or judging a competition pursuant to section 5 of [this act] P.L.1978, c.117 (C.52:16A-33), shall before doing so consult thereon with officers or other appropriate representatives of relevant arts institutions and organizations in New Jersey, such as museums, societies and associations of artists and architects, schools of art and architecture, and such other organizations, associations or institutions as may be appropriate to the matter under consideration, including the major nonprofit public or private museums in the State whose collections encompass the fine arts or visual artwork.
(cf: P.L.1978, c.117, s.7)
7. This act shall take
effect immediately.
STATEMENT
This bill establishes an arts program to be maintained and administered by the State Council on the Arts, in consultation with the State House Commission. The arts program would provide for the acquisition and display of visual artwork in the State House and State House Annex, in a gallery-type setting. The selection of artwork for the program would be chosen from artists who are New Jersey residents. Acquisition would be by both direct purchase of existing original artwork available for purchase and by commission of new artwork.
Funding for the program would be provided through a percentage of new construction and other capital project costs for work completed on the State House or State House Annex, private donations to the program, and appropriations made to the program.
