Senate Study Bill 1088 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            CULTURAL AFFAIRS BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act concerning fine arts projects in state buildings.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  3 TLSB 1282XD 83
  4 ec/sc/8

PAG LIN



  1  1    Section 1.  Section 304A.10, Code 2009, is amended to read
  1  2 as follows:
  1  3    304A.10  COST OF FINE ARTS == PERCENTAGE.
  1  4    The total estimated cost of the fine arts elements included
  1  5 in a plan and specifications for a state building or group of
  1  6 state buildings in accordance with the purposes of this
  1  7 division shall in no case be less than one=half of one percent
  1  8 of the total estimated cost of such building or group of
  1  9 buildings.  This percentage allocation shall not be diminished
  1 10 by professional fees.  By September 1 annually, the
  1 11 contracting officer or principal user shall submit to the
  1 12 department of cultural affairs the total amount of state
  1 13 financial assistance expended in accordance with this section
  1 14 during the previous fiscal year.  If deemed in the best
  1 15 interests of the citizens, funds allocated for the acquisition
  1 16 of fine arts may be accumulated over more than one
  1 17 appropriation or fiscal period or combined to complete
  1 18 significant projects, however, this sentence does not
  1 19 authorize interproject transfers with prior approval of the
  1 20 Iowa arts council.  The total estimated cost of the fine arts
  1 21 elements included in a plan and specifications for a state
  1 22 building or group of state buildings in accordance with this
  1 23 section shall be included by the department of cultural
  1 24 affairs in calculating the amount of state financial
  1 25 assistance for the arts for purposes of national ranking
  1 26 surveys.  By January 1 annually, the department of cultural
  1 27 affairs shall submit a summary of the total amount of state
  1 28 financial assistance expended in accordance with this section
  1 29 and for which state buildings the assistance was expended.
  1 30    Sec. 2.  Section 304A.12, Code 2009, is amended to read as
  1 31 follows:
  1 32    304A.12  SEPARATE CONTRACT == MAINTENANCE ACCOUNT.
  1 33    1.  Contracts for the fine arts elements shall be executed
  1 34 within the limits of the actual costs as determined by section
  1 35 304A.10.  Funds in the amount of one percent of the total
  2  1 estimated cost of the fine arts elements, as determined by
  2  2 section 304A.10, shall be transferred to the arts division for
  2  3 administration of the program.  All expenses related to the
  2  4 acquisition of the fine arts elements shall be contracted for
  2  5 separately by the arts division with the funds allocated for
  2  6 these purposes.  In addition, an amount equal to ten percent
  2  7 of the total estimated cost of the fine arts elements, as
  2  8 determined by section 304A.10, for a project shall be
  2  9 deposited in the maintenance and conservation fund created in
  2 10 this section.
  2 11    2.  A maintenance and conservation fund is created in the
  2 12 state treasury under the control of the arts division of the
  2 13 department of cultural affairs.  Moneys credited to the fund
  2 14 as provided in this section, and interest and earnings on that
  2 15 money, shall be accounted for and appropriated to the arts
  2 16 division to be used for the maintenance and conservation of
  2 17 fine arts elements acquired.  Notwithstanding section 8.33,
  2 18 moneys credited to the fund that remain unencumbered or
  2 19 unobligated at the close of the fiscal year shall not revert
  2 20 but shall remain available for expenditure for the purpose
  2 21 designated.
  2 22                           EXPLANATION
  2 23    This bill concerns fine arts projects in state buildings.
  2 24    The bill provides that 1 percent of the total estimated
  2 25 cost of projects for a state building or group of state
  2 26 buildings shall be used for fine arts elements.  Fine arts
  2 27 elements is defined in current law to include sculptures,
  2 28 fountains, etc.  Current law provides that .5 percent shall be
  2 29 used for fine arts elements.
  2 30    The bill also allows funds allocated for fine arts to be
  2 31 accumulated and used over more than one fiscal period and to
  2 32 be combined to complete significant projects with the approval
  2 33 of the Iowa arts council.
  2 34    The bill also provides that 10 percent of the moneys for
  2 35 fine arts elements in a particular state building project
  3  1 shall be transferred to a new maintenance and conservation
  3  2 fund under the control of the arts division of the department
  3  3 of cultural affairs.  The bill provides that moneys credited
  3  4 to the fund shall be used for the maintenance and conservation
  3  5 of fine arts elements acquired.
  3  6 LSB 1282XD 83
  3  7 ec/sc/8