ENGROSSED SENATE
BILL NO. 1859	By:	Brecheen of the Senate

			and

		Newell of the House

An Act relating to art in public places; amending 74 O.S. 2011, Section 9030.5, which relates to funding the Oklahoma Art in Public Places Act; providing that funding allocation be optional; modifying amount of expenditure allocated for such funding; deleting obsolete language; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     74 O.S. 2011, Section 9030.5, is amended to read as follows:
Section 9030.5.  A.  1.  Except as otherwise provided by subsection C of this section, all All state agencies, including institutions within The Oklahoma State System of Higher Education, all state departments, boards, councils, and commissions shall may 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 not to exceed 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, if made, 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 9030.6 of 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 9030.7 of this title.
2.  Monies deposited in the Art in Public Places Administrative and Maintenance Revolving Fund 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.
SECTION 2.  This act shall become effective July 1, 2014.
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.
Passed the Senate the 13th day of March, 2014.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2014.

	
	Presiding Officer of the House
	of Representatives