justicedao/ipfs_state_laws huggingface dataset:
123-475-0005 Definitions The words and phrases used in these rules have the same meaning given them in ORS 276.073. In addition, as used in these rules, unless the context requires otherwise: (1) "Architect" means the person or firm (architect, landscape architect, interior designer, or other design professional) designing the project to which the 1% provision applies. (2) "Artist" means a practitioner in the visual arts, generally recognized by critics and peers as a professional of serious intent, who produces Works of Art and who is not the Project Architect. (3) “Capitol Area” means the area defined in ORS 276.028. (4) "Contracting Agency" means the state agency authorized by law to enter into public contracts. (4) “Deaccession” means removal of a work of art from the public collection as described in OAR 190-020-0080. (5) “Designated Agencies” means the Oregon Arts Commission, Department of Administrative Services and, for project located outside of the Capitol Area, the Contracting Agency. (6) “Program” means the 1% for art program described in ORS 276.073 to 276.090. (7) “Project” means the construction or alteration of a State Building that costs $100,000 or more. (8) "Resident Agency means the state agency or agencies that will occupy or otherwise use State Building. The Resident Agency may be the Contracting Agency. (9) "State Building" means any structure built or remodeled by the State of Oregon using legislatively appropriated monies except those excluded in the definition of state building in ORS 276.073. “State Building” does not include a building leased by a state agency, unless under a lease-purchase agreement or under any other agreement whereby ultimate state ownership is contemplated or expected. (10) "Works of Art" means all forms of original creations of visual art, including and not limited to: (a) Painting: all media, including both portable and permanently-affixed works such as murals. (b) Sculpture: in the round, bas-relief, high relief, mobile, fountain, kinetic, electronic, and site specific works placed on public lands in any material or combination of materials. (c) Visual art comprising other two- and three- dimensional media including but not limited to prints, clay, drawings, stained glass, mosaics, photography, fiber and textiles, wood, metal, plastics and other materials or combination of materials, calligraphy, mixed media, film, video, or any combination of forms of media and documented time-based works or installations. Statutory/Other Authority: ORS 359.025 & 359.142 Statutes/Other Implemented: ORS 276.073 – 276.090 History: Renumbered from 190-020-0005, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10 AC 1-1991, f. 3-22-91, cert. ef. 3-21-91 AC 1-1979, f. & ef. 7-23-79
123-475-0010 Overview of Program (1) The Oregon Arts Commission coordinates the Program. All Oregon State agencies, upon legislative approval of construction budgets, must notify the Oregon Arts Commission in writing of construction budgets or appropriations approved by the Legislative Assembly for any State Building. Upon written authorization by the Oregon Arts Commission, Oregon Arts Commission staff will meet with the Contracting Agency to plan the art selection process. (2) Each Project will have its own Selection Committee. The Selection Committee is appointed in accordance with, and carries out the functions described in OAR 190-020-0015. (3) Title for all Works of Art acquired pursuant to ORS 276.073 to 276.090 shall be in the name of the state on behalf of the Contracting Agency or Resident Agency, as determined by the Department of Administrative Services and the Contracting Agency, if the Contracting Agency is an agency other than the Department of Administrative Services. (4) Works of Art in the state collection are insured by the State Insurance Fund, through the Department of Administrative Services Risk Management Division. Statutory/Other Authority: ORS 359.025 & 359.142 Statutes/Other Implemented: ORS 276.073 – 276.090 History: Renumbered from 190-020-0010, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10 AC 1-1991, f. 3-22-91, cert. ef. 3-21-91 AC 1-1979, f. & ef. 7-23-79
123-475-0012 Public Art Advisory Committee The Oregon Arts Commission may establish a Public Art Advisory Committee consisting of two Oregon Arts Commissioners and up to seven arts professionals designated by the Oregon Arts Commission. The Oregon Arts Commission may use the Public Art Advisory Committee to make recommendations regarding general policies of the Program. The Public Art Advisory Committee will serve as a review panel for creation of a Roster of Prequalified Artists, may nominate and review artists for consideration by individual Art Selection Committees, and will serve as a review panel for Relocation or Deaccession requests. The Public Art Advisory Committee will not make selections for individual Program projects. Statutory/Other Authority: ORS 359.025 & 359.142 Statutes/Other Implemented: ORS 276.073 – 276.090 History: OBDD 11-2011, f. 12-30-11, cert. ef. 1-1-12 Renumbered from 190-020-0012, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10
123-475-0013 Prequalified Artist Roster Experienced and talented artists may be prequalified by the Oregon Arts Commission for Program projects. The Oregon Arts Commission publishes a prospectus inviting applications. The Public Art Advisory Committee serves as the review panel and makes recommendations to the Oregon Arts Commission for inclusion on the Prequalified Artists Roster. Applications may be filed at any time. All artists must reapply at the end of each three-year cycle. The Roster is available to serve as a resource for other public art programs, architecture firms and others seeking artists for projects. Statutory/Other Authority: ORS 359.025; 359.142 Statutes/Other Implemented: ORS 276.073 – 276.090 History: Renumbered from 190-020-0013, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10
123-475-0025 Selection Committee Procedure (1) The Selection Committee shall meet to consider the particular needs of the Project including budget, suitable art forms, appropriate locations, and method of artist/artwork selection. (2) The Selection Committee may use any of the following methods for selection of Works of Art for a Project: (a) Open Competition: A prospectus will be prepared by the Oregon Arts Commission with the approval of the Selection Committee and will be made broadly available to artists. Artists will be asked to submit images or other materials to the Commission. The Selection Committee may commission new work and also may purchase available work. (b) Two-stage competition. An open competition may occur in two stages whereby a limited number of finalists selected from the first stage of competition will be asked to submit more detailed proposals. Each of the finalists may enter into a contract with the Contracting Agency that provides for payment of a professional fee for preparation of a detailed proposal or consultation interview. The Oregon Arts Commission or Selection Committee may recommend the amount of the professional fee. (c) Prequalified Artist Roster: The Selection Committee may interview or commission proposals from one or more artists on the Prequalified Artist Roster, or may make direction selection(s) from the Roster. (d) Nominated Pool: The Selection Committee may designate an informal panel of arts professionals to nominate artists appropriate for consideration for the Project. The resulting pool will be reviewed by the Selection Committee. (e) The Public Art Advisory Committee may designate an informal panel of arts professionals to nominate artists appropriate for consideration to the State of Oregon Art Collection. The resulting pool(s) may be reviewed by individual Selection Committees. (f) Limited Competition: In cases when, in the judgment of the Oregon Arts Commission, it is not feasible to conduct an open competition for a specific Work of Art, the Oregon Arts Commission will initiate a Limited Competition by inviting several artists to submit materials to the Selection Committee. If detailed proposals or consultation interviews are requested, each artist will be paid a professional fee for preparation of the detailed proposal or consultation interview. The Oregon Arts Commission or Selection Committee may recommend the amount of the professional fee. (g) Direct Selection: When budget constraints or construction schedules are such that the Selection Committee determines that an open competition cannot be held, Direct Selection of the artist(s) or completed work will be made by the Selection Committee. Statutory/Other Authority: ORS 359.025 & 359.142 Statutes/Other Implemented: ORS 276.073-276.090 History: OBDD 11-2011, f. 12-30-11, cert. ef. 1-1-12 Renumbered from 190-020-0025, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10 AC 1-1991, f. 3-22-91, cert. ef. 3-21-91 AC 1-1979, f. & ef. 7-23-79
123-475-0030 Criteria for Selecting Works of Art (1) Style and Nature: Works of Art of any aesthetic persuasion that are compatible in scale, material, form and content with their surroundings may be considered. (2) Diversity of the Collection: The Oregon Arts Commission seeks to encourage and maintain a diverse collection for the state, including site-specific works developed with collaboration between an artist and design team, existing works of art created by an artist and purchased for permanent installation, and, when appropriate, documented time-based works or installations. (3) Quality: The inherent quality of the work itself will be the highest priority for selection. (4) Media: All forms of Works of Art may be considered. Works of Art may be either portable or permanently affixed or integral to the building or structure, or part of a temporary exhibition. (5) Permanence: Due consideration will be given to structural and surface soundness and to permanence in terms of relative protection against theft, vandalism, weathering, or excessive maintenance or repair costs. (6) Method of Acquisition: Either existing works or those commissioned for specific Projects may be acquired. Statutory/Other Authority: ORS 359.025 & 359.142 Statutes/Other Implemented: ORS 276.073 – 276.090 History: OBDD 11-2011, f. 12-30-11, cert. ef. 1-1-12 Renumbered from 190-020-0030, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10 AC 1-1991, f. 3-22-91, cert. ef. 3-21-91 AC 1-1979, f. & ef. 7-23-79
123-475-0035 Inclusions Appropriations under ORS 276.080 for the Program may be spent for: (1) The Work of Art itself which may include but is not limited to: (a) Artist's professional fee; (b) Labor of assistants; (c) Materials required for production of the Work of Art; (d) Professional services such as engineering and fabrication necessary to create or install the Work of Art; (e) Artist’s studio and operating costs of the artist, including rent, utilities, insurance, and other direct and indirect costs; (f) Travel costs for the Artist for site visitation and research; (g) Transportation of the Work of Art to the site; (h) Installation of the completed Work of Art; (i) Documentation of the work in progress or completed Work of Art; (j) Contractual services for professionals engaged to install, maintain or clean Works of Art, and for conservation, restoration, project management or photography. (2) Identification plaques, labels, and other such educational materials that promote and accurately credit the Artist(s) or project. (3) Waterworks and electrical and mechanical devices, equipment and site work which are integral parts of the Work of Art. (4) Frames, mats or pedestals necessary for the security of the Work of Art. (5) Anchorages, containments and devices necessary for the security of the Work of Art. (6) Works of Art which may be an integral part of the building. (7) Expenses described in OAR 190-020-0055(3). Statutory/Other Authority: ORS 359.025 & 359.142 Statutes/Other Implemented: ORS 276 .073 - 276 .090 History: Renumbered from 190-020-0035, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10 AC 1-1991, f. 3-22-91, cert. ef. 3-21-91 AC 1-1979, f. & ef. 7-23-79
123-475-0040 Exclusions Appropriations for the Program may not be spent for: (1) Reproductions, by mechanical or other means, of original Works of Art. (2) Decorative, ornamental, or functional elements that are designed by the Architect or consultants engaged by the Architect, as opposed to an Artist commissioned for this purpose. (3) "Art objects" which are mass produced of standard design. (4) Directional or other functional elements such as supergraphics, signage, color coding, maps, or other similar elements, except where an Artist is employed to produce them and has primary creative control over the Final Art. (5) Those items which are required to fulfill the basic purpose of the Resident Agency. Examples would be works of art in the collection of a state museum, or Works of Art fulfilling an interpretive or educational role in a state park, the state library, or a college or university art museum or gallery. (6) Preparation of the site necessary to receive the Work of Art, including, but not limited to, structural reinforcement, landscaping and utility service to the site, except to the extent the Work of Art is integrated into the structure or site and costs related to construction budget. Any such inclusion of costs for the Work of Art in the construction budget or costs of site preparation included in the art budget must be negotiated among the Designated Agencies and approved by the Oregon Arts Commission. (7) Energy and water costs for operation of electrical and mechanical systems. (8) Architect services to comply with OAR 123-475-0050(3)(d). Statutory/Other Authority: ORS 359.025 359.142 Statutes/Other Implemented: ORS 276 .073 - 276 .090 History: Renumbered from 190-020-0040, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10 AC 1-1991, f. 3-22-91, cert. ef. 3-21-91 AC 1-1979, f. & ef. 7-23-79
123-475-0055 Scope and Nature of Expenditures (1) While no more than 1% of the amount from capital construction appropriations may be dedicated to the Program, a dollar total greater than 1% can be expended for art in a Project if the additional funds are generated from other sources. The 1% figure is a minimum. (2) If 1% of total state funds appropriated for direct construction costs for a particular building is not required for the Program on that Project, such unrequired amounts can be utilized for either or both of the following as determined by the Oregon Arts Commission in consultation with the Contracting Agency: (a) Acquiring Works of Art for existing state buildings; (b) Acquiring Works of Art by transferring the funds to another construction project. (3) Administrative costs for the Works of Art on any particular Project, up to ten percent of the amounts billed by the Oregon Arts Commission to the Contracting Agency, may be funded through the 1% appropriation areas Administrative Costs may include only: (a) Supplies and services connected with public information and education; (b) Artists' prospectuses for specific projects; (c) Allowable expenses of the Selection Committee; (d) Salaries of Oregon Arts Commission staff; (e) Other costs directly related to Program management. Statutory/Other Authority: ORS 359.025 & 359.142 Statutes/Other Implemented: ORS 276 .073 - 276 .090 History: Renumbered from 190-020-0055, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10 AC 1-1991, f. 3-22-91, cert. ef. 3-21-91 AC 1-1979, f. & ef. 7-23-79
123-475-0060 General Principles and Procedures (1) Freedom of Expression: Because of the bold attempt to meld the imaginations and talents of so many individuals and groups, freedom to reach creative solutions must always be maintained. Artists must be sensitive to the unique qualities of public art and the guidelines and parameters which, of necessity, may be required. (2) Integration of Art and Architecture: So that Artists and Architects can gain from each others’ design insights, all parties should strive for engagement of the Artist as soon as possible after the approval of the Architect’s schematic design phase. (3) Exhibitions and Educational Outreach: Contracting Agencies should consider undertaking the following exhibition and educational outreach opportunities. The Oregon Arts Commission is available to provide consultative assistance, but these activities muse be funded with monies other than Program funds, unless they are a integral part of the Final Art: (a) Exhibition of sketches and maquettes created in limited or open competitions; (b) Involvement of students and art instructors in workshops with Artists creating Works of Art; (c) Tours of those sites which exhibit many Works of Art, conducted by trained docents; (d) Use of state educational and other facilities by the Artist in developing concepts and creating the Work of Art, so that state employees and students can better understand the creative process. Such facilities might include studio space, foundries, machine, welding, and woodworking shops, printing and photographic facilities; (e) Filming or videotaping the creation and installation of the Work of Art. (4) Accessibility of Information: All parties will strive to publicize widely all aspects of the Program. All meetings of Selection Committees are open to the public. (5) Community Support and Advice: While firmly committed to the principle of selection of Artists by authorities in the design professions — The Oregon Arts Commission, Department of Administrative Services, and Contracting Agencies welcome participation and advice from the interested public and employees of the Resident Agency. (6) Conflict of Interest: All procedures will be conducted and all decisions will be made free of any conflict of interest in accordance with ORS chapter 244. (7) Dedication: If a dedication or "unveiling" of a Work of Art is desired, arrangements shall be the responsibility of the Contracting Agency. Statutory/Other Authority: ORS 359.025 & 359.142 Statutes/Other Implemented: ORS 276 .073 - 276 .090 History: Renumbered from 190-020-0060, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10 AC 1-1991, f. 3-22-91, cert. ef. 3-21-91 AC 1-1979, f. & ef. 7-23-79
123-475-0065 Documentation and Evaluation (1) Documentation: (a) Identification: The Contracting Agency shall assist the Oregon Arts Commission with identification of the Work of Art which may include, without limitation, that plaques or labels identifying the Work of Art, are securely affixed, unobtrusive, and well designed. Plaques, labels or other identifying media shall included the name of the Artist; title of the Work of Art, if any, medium, and year completed; (b) Registration: The Oregon Arts Commission shall maintain inventory records. The Oregon Arts Commission provides copies of each Contracting Agency’s inventory records upon request by the Contracting Agency; (c) Publications: Contracting Agencies are encouraged to publish informative folders and booklets on the Works of Art, such as those in the State Library and the Department of Administrative Services. The Oregon Arts Commission is available to assist with editorial and technical assistance. (2) Evaluation: The Oregon Arts Commission shall annually make a public report on the projects of the previous year and shall conduct periodic evaluations of the Program. Statutory/Other Authority: ORS 359.025 & 359.142 Statutes/Other Implemented: ORS 276 .073 - 276 .090 History: Renumbered from 190-020-0065, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10 AC 1-1991, f. 3-22-91, cert. ef. 3-21-91 AC 1-1979, f. & ef. 7-23-79
123-475-0074 Relocation and Deaccession (1) Each Relocation and Deaccession action shall be determined on a case-by-case basis. Standards applied to Deaccession shall be at least as stringent as those applied to the acquisition process. (2) Changes in fashion, taste, administration or the immediate pressures of public controversy are insufficient to support a Relocation or Deaccession action. (3) Relocation or Deaccession will not be considered until at least five years have elapsed from the date of completion identified under OAR 123-475-0065(1)(a) of permanent Works of Art and acceptance in the case of portable Works of Art, unless special circumstances exist. Special circumstances include, without limitation, when a Work of Art has been damaged beyond repair. Statutory/Other Authority: ORS 359.025 & 359.142 Statutes/Other Implemented: ORS 276 .073 - 276 .090 History: Renumbered from 190-020-0074, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10
123-475-0080 Criteria for Relocation or Deaccession The Oregon Arts Commission may approve a request to consider Relocation or Deaccession of a Work of Art for one or more of the following reasons: (1) The artwork requires unforeseen excessive maintenance or repair, contains failing materials, faults of design or workmanship, or repairing or securing the Work of Art is or becomes impractical or unfeasible; (2) It would benefit the collection re replace the Work of Art with another more significant Work of Art by the same Artist; (3) The Work of Art has been the source of significant, documented adverse public reaction over at least five years, and a broad range of people who come into regular contact with the Work of Art support its removal; (4) The condition or security of the Work of Art cannot reasonably be guaranteed; (5) The Work of Art has become significantly less appropriate over time, given changes in the function or character of the collection, setting or the community; (6) The site is going to be demolished or adapted, and it is not possible to successfully incorporate the Work of Art into redevelopment of the site; (7) The site is not longer publicly accessible; (8) There is not suitable new site available for the Work of Art in the same facility; (9) The Work of Art endangers public safety. Statutory/Other Authority: ORS 359.025 & 359.142 Statutes/Other Implemented: ORS 276 .073 - 276 .090 History: Renumbered from 190-020-0080, OBDD 36-2010, f. 10-14-10, cert. ef. 11-1-10 OAC 1-2010, f. 6-30-10, cert. ef. 7-1-10
123-500-0000 Purpose The Arts Program, under the direction of the Cultural Trust Board, awards grants for the Oregon Cultural Trust through three grant programs: Cultural Development Grants to cultural organizations, Community Cultural Participation Grants to county and tribal cultural coalitions and Cultural Partner Grants to statewide cultural partner entities. Statutory/Other Authority: ORS 359.416 Statutes/Other Implemented: ORS 359.400 - 359.444 History: OBDD 6-2010, f. 2-25-10, cert. ef. 3-1-10 EDD 3-2009, f. 4-30-09, cert. ef. 5-1-09