§900.1. Percent for Art program; established; implementation
A.Recognizing the responsibility of the state to foster culture and the arts and to
encourage the development of artists and craftsmen, the legislature declares it to be the
public policy of the state that a portion of the money spent by state agencies on the
construction or renovation of state buildings shall be spent on the acquisition, installation,
restoration, or conservation of works of art in, on, or on the grounds of such buildings. In
pursuit of this policy, the Percent for Art program is established for the purpose of providing
for art to be exhibited in or on state buildings and grounds and recognizing and assisting
qualified Louisiana artists and craftsmen.
B.The following terms, as used in this Section, shall have
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§900.1. Percent for Art program; established; implementation
A. Recognizing the responsibility of the state to foster culture and the arts and to
encourage the development of artists and craftsmen, the legislature declares it to be the
public policy of the state that a portion of the money spent by state agencies on the
construction or renovation of state buildings shall be spent on the acquisition, installation,
restoration, or conservation of works of art in, on, or on the grounds of such buildings. In
pursuit of this policy, the Percent for Art program is established for the purpose of providing
for art to be exhibited in or on state buildings and grounds and recognizing and assisting
qualified Louisiana artists and craftsmen.
B. The following terms, as used in this Section, shall have the meaning provided in
this Subsection, unless the context clearly indicates otherwise:
(1) "Louisiana artist" means an artist, artisan, or craftsman who is a resident of
Louisiana.
(2) "Renovation" does not include a project the principal purpose of which is the
rehabilitation of plumbing, heating, ventilating, air conditioning, or electrical systems.
(3) "State building" means any building, facility, structure, or park built or renovated
using state funds, that will be owned by a department or agency in the executive, judicial, or
legislative branch of state government, including any state-owned lands or space surrounding
or integral to the building. "State building" shall not include parking lots (but it shall include
parking garages), sidewalks, maintenance sheds, bridges, tunnels, sewers, trails, or
warehouses, unless such structures are adjuncts of the principal element of the project.
(4) "Work of art" includes all forms of original creations of visual art, including but
not limited to:
(a) Paintings, including all media and both portable and permanently affixed works
of art such as murals.
(b) Sculpture, including bas relief, high relief, mobile, fountain, kinetic,
environmental, electronic, and in-the-round sculpture.
(c) Prints, calligraphy, drawings, stained glass, mosaics, photographs, and works in
fiber or textiles, wood, metal, plastic, or other materials or combination of materials.
(d) Mixed media, including any combination of forms of media.
(e) Any craft as defined in R.S. 25:897(C).
(5) "State funds" or "state money" shall not include federal funds or insurance
proceeds for the construction, replacement, renovation, or improvement of a state building
damaged by a natural catastrophe when conditions governing the expenditure of such monies
preclude their use for the restoration or acquisition of art, nor shall it include state monies
used as a match for such federal funds or insurance proceeds.
C. Except as otherwise provided in this Section, whenever more than two million
dollars of state funds, whether obtained from the sale of bonds or otherwise, is to be spent
by a state agency for the construction or renovation of a state building, the agency that
contracts for the construction or renovation shall expend the lesser of four hundred fifty
thousand dollars or one percent of the state money to be expended for the project to acquire,
conserve, or restore and install works of art for display in, on, or on the grounds of the state
building. The four hundred fifty thousand dollar maximum shall apply to all projects begun
on or after August 1, 2016. No new contracts shall be entered into after October 1, 2016, to
acquire, conserve, restore, or install works of art under this Section for existing projects if
such contract would increase the total expenditure for art for such project under the Percent
for Art program to exceed four hundred fifty thousand dollars. The work or works of art for
the project shall be chosen as provided in Subsection E of this Section. In the case of a
renovation of a state building, the required expenditure or a portion thereof may be for
restoration or conservation of an existing work of art associated with the state building which
is to be renovated.
D.(1) Notwithstanding the provisions of Subsection C of this Section, no state money
or an amount less than one percent of the amount of state money to be expended on the
project, as determined by the assistant secretary of the office of cultural development of the
Department of Culture, Recreation and Tourism, shall be expended to acquire, conserve,
restore, or install works of art for a particular project, if the assistant secretary of the office,
considering advice from professional staff of the Louisiana Division of Arts, determines that
any of the following is true:
(a) A work of art would be inappropriate on the particular project.
(b) There will be little opportunity for public appreciation of any work of art in or
on the state building or its grounds.
(c) The value of one or more features or characteristics inherent in the architectural
design of the state building should be considered to apply toward the one percent
requirement.
(d) The state building will be amply provided with works of art without the
expenditure.
(2) Nothing contained in this Subsection shall be construed to obstruct the power of
the commissioner of administration to exercise any of the commissioner's lawful authority.
E. Each work of art acquired, restored, or conserved as provided in this Section shall
be selected or determined by the assistant secretary of the office of cultural development of
the Department of Culture, Recreation and Tourism who shall request the advice of and
consult with the contracting agency, the state agency who will occupy or operate the
building, the Louisiana State Arts Council, and the project architect. When selecting such
works of art, preference shall be given to works of art of Louisiana artists. When selecting
works of art for an institution of postsecondary education, preference shall be given to works
of art created by students and faculty in art programs offered by that institution or institutions
under the same postsecondary management board.
F. The commissioner of administration may adopt rules to implement the provisions
of this Section.