ENROLLED HOUSE
BILL NO. 1665	By:	Osborn, Reynolds, Faught, Hall, Roberts (Sean), Roberts (Dustin), Kern, Tibbs and Peterson of the House

				and

		Jolley, Brecheen and Treat of the Senate

An Act relating to state government; amending Section 6, Chapter 254, O.S.L. 2004, as amended by Section 2, Chapter 400, O.S.L. 2004 (74 O.S. Supp. 2010, Section 9030.5), which relates to the Oklahoma Art in Public Places Act; modifying use of certain monies; and providing for suspension of assessment for certain fiscal years.

SUBJECT:  Oklahoma Art in Public Places Act

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1.     AMENDATORY     Section 6, Chapter 254, O.S.L. 2004, as amended by Section 2, Chapter 400, O.S.L. 2004 (74 O.S. Supp. 2010, Section 9030.5), is amended to read as follows:

Section 9030.5  A.  1.  All Except as otherwise provided by subsection C of this section, 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, except as otherwise provided by subsection B of this section.

2.  The maximum assessment for any project shall not exceed Five Hundred Thousand Dollars ($500,000.00).  This assessment shall not apply to any private donations for a capital project.  This allocation shall be applicable to all state agency capital projects approved by the appointing authority after September 1, 2004.  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.

B.  1.  Of the assessment provided for in subsection A of this section, four-fifths (4/5) shall be placed in the Commissioning of Art in Public Places Revolving Fund, created in Section 7 9030.6 of Enrolled Senate Bill No. 1347 of the 2nd Session of the 49th Oklahoma Legislature this title, for the commission of any work of art for the Oklahoma Art in Public Places Act.  Institutions within The Oklahoma State System of Higher Education shall remain in complete administrative control of their four-fifths (4/5) assessment pursuant to this subsection for the acquisition of art.  The remaining one-fifth (1/5) of the assessment shall be reserved for the Art in Public Places Administrative and Maintenance Revolving Fund created by Section 8 9030.7 of Enrolled Senate Bill No. 1347 of the 2nd Session of the 49th Oklahoma Legislature this title.

2.  Monies deposited in the Art in Public Places Administrative and Maintenance Revolving Fund shall be divided equally between the subaccounts in the fund for:

a.	the maintenance and repair of works of art commissioned pursuant to the Oklahoma Art in Public Places Act, and

b.	the administrative and educational costs incurred by the Division

for the purpose of this moratorium, shall be used for continued administration, educational costs, and maintenance.

C.  The provisions of subsection A of this section shall not be applicable for the fiscal years ending:

1.  June 30, 2012;

2.  June 30, 2013; and

3.  June 30, 2014.

Passed the House of Representatives the 4th day of May, 2011.

	
Presiding Officer of the House of
	Representatives

Passed the Senate the 20th day of April, 2011.

	
Presiding Officer of the Senate