STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

HOUSE BILL 1734	By:	Hall

AS INTRODUCED

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 provisions related to certain assessment; providing assessment not applicable during certain fiscal years based on comparison of revenue estimates provided to Legislature by State Board of Equalization; specifying fiscal years for which assessment in applicable based upon revenue estimate comparisons; providing an effective date; and declaring an emergency.

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.
C.  The assessment otherwise authorized pursuant to subsection A of this section shall not be made during any fiscal year if the estimate of revenues provided to the Legislature pursuant to Section 23 of Article X of the Oklahoma Constitution during the February immediately preceding the beginning of such fiscal year is less than the estimate of revenues provided to the Legislature by the State Board of Equalization during the month of February in the preceding calendar year.  The provisions of this subsection shall be applicable for the fiscal year ending June 30, 2012, and for all successive fiscal years.
SECTION 2.  This act shall become effective July 1, 2011.
SECTION 3.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-5929	MAH	01/13/11