Oklahoma Administrative Code › Title 320 - Oklahoma Historical Society › Chapter 10 - Oklahoma Art in Public Places Division › Subchapter 1 - General Provisions › Section 320:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this chapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Accession"
means the formal process used to
				  accept a work of art into the Oklahoma Public Art Collection and record the
				  artwork as a Collection item.
"Acquisition"
means existing artwork bought or
				  obtained.
"Act"
means the Oklahoma Art in Public Places
				  Act, 74 O.S., Section 9030 et seq.
"Appointing
				  authority"
shall be the Director or designee of the
				  Project Agency.
[74 O.S.,Section 9030.2].
"Art", "artwork",
or "work of
				  art"
means all forms of original creations of visual art, except for
				  blasphemous material as defined by Section
				  901 of
				  Title 21 of the Oklahoma Statutes or indecent or obscene material as defined by
				  Section
				  1024.1 of
				  Title 21 of the Oklahoma Statutes, including, but not limited to:
(A)
sculpture, in any material or combination of
				  materials, whether in the round, bas-relief, high relief, mobile, fountain,
				  kinetic, or electronic,
(B)
painting, including murals and
				  frescoes,
(C)
mosaic,
(D)
photography,
(E)
fine crafts made from clay, fiber and textiles,
				  wood, glass, metal, plastics or any other material, or any combination
				  thereof,
(F)
drawing,
(G)
calligraphy,
(H)
mixed media composed of any combination of forms
				  or media,
(I)
unique architectural stylings or embellishments,
				  including architectural crafts,
(J)
ornamental gateways, and
(K)
restoration or renovation of existing works of art
				  of historical significance
[74 O.S., Section 9030.2].
"Art in Public Places Program Guidelines"
means
				  the written program procedures and standards as approved by the Art in Public
				  Places Oversight Committee.
"Artist"
means a
				  practitioner in the visual arts committed to producing high quality work, as
				  recognized by the peers and critics of the artist, on a regular basis. The term
				  "artist" shall not include the architect of a public building under
				  construction or any member of the architectural firm of the
				  architect.
[74 O.S., Section 9030.2]
"Commission"
means a task or job awarded to a
				  person or group, especially an order to produce a particular product or piece
				  of work.
"Deaccession"
means the process of removing an
				  object permanently from the Collection, usually through sale or exchange or any
				  other transaction by which title of outgoing works of art are transferred from
				  the Collection to another institution or individual. Under certain conditions,
				  it may also include disposal by intentional destruction.
"Division"
means the Art
				  in Public Places Division.
[74 O.S., Section 9030.2]
"Maintenance"
means the
				  ongoing upkeep required for artworks to retain their structural and aesthetic
				  integrity.
[74 O.S., Section 9030.2]
"Oklahoma Public Art Collection"
means all
				  accessioned works of art that have been created or purchased for, restored or
				  renovated in accordance with the Oklahoma Art in Public Places Act.
"Preservation"
means actions taken to retard or
				  prevent deterioration or damage in artworks by control of their environment
				  and/or treatment of their structure; and to maintain them in as unchanging a
				  state as possible.
"Project"
means any
				  capital expenditure, including, but not limited to, bond issues, with the
				  purpose of renovating or constructing public buildings costing Two Hundred
				  Fifty Thousand Dollars ($250,000.00) or more.
[74 O.S., Section
				  9030.2]
"Project agency"
means
				  institutions within The Oklahoma State System of Higher Education or the
				  department, board, commission, institution, or agency of the state subject to
				  the Oklahoma Art in Public Places Act. The legislative and judicial branches of
				  the State of Oklahoma shall be subject to the procedures of the Oklahoma Art in
				  Public Places Act or shall implement another process to include art in
				  locations subject to the control of those branches. Provided, that the
				  expenditure for commissioning art by the legislative and judicial branches
				  shall be no less than that established by Section 6 of this act.
[74
				  O.S., Section 9030.2]
"Project
				  architect"
means the person or firm designing the public
				  construction project.
[74 O.S., Section 9030.2]
"Public construction"
or
"public building"
means any state
				  building, facility, structure or park constructed, including any state-owned
				  lands or space surrounding or integral to the building, facility, structure or
				  park. The term "public construction" or "public building" shall not
				  include:
(A)
water, sewer, public utility projects, prisons,
				  projects with the primary purpose of complying with the standards of the
				  Americans with Disabilities Act, and data processing purchases which are not
				  part of a public construction project and any capital projects undertaken by
				  political subdivisions of the state as defined by paragraph 8 of Section
				  152 of
				  Title 51 of the Oklahoma Statutes on buildings or land that they control,
				  and
(B)
capital projects subject to federal public art
				  laws.
Participation in the Oklahoma Art in Public Places
				  Act shall be permissive for road, highway turnpike, and bridge construction
				  projects of the Department of Transportation and the Oklahoma Transportation
				  Authority.
[74 O.S., Section 9030.2]
"Public land"
means a
				  site owned by the State of Oklahoma with major public access and visibility
				  that serves a business, social, or environmental need.
[74 O.S.,
				  Section 9030.2]
"Relocate"
means moving a work of art and
				  resiting it.
"Renovate"
means to restore to a former state,
				  renew or make over.
"Repair"
means those
				  extraordinary activities required to repair or restore a malfunctioning or
				  damaged work of art
[74 O.S., Section 9030.2] or to restore by
				  replacing a part or putting together what is torn or broken.
"Replacement"
means substitution.
"Restoration"
means the treatment of a
				  deteriorated or damaged artwork to approximate, as nearly as possible, its
				  original form, design, color, and function with minimal further sacrifice of
				  aesthetic and historic integrity.
"Society"
means the
				  Oklahoma Historical Society.
[74 O.S., Section 9030.2]
"Work of art", "art", or
				  "artwork"
means all forms of original creations of visual art,
				  except for blasphemous material as defined by Section
				  901 of
				  Title 21 of the Oklahoma Statutes or indecent or obscene material as defined by
				  Section
				  1024.1 of
				  Title 21 of the Oklahoma Statutes, including, but not limited to:
(A)
sculpture, in any material or combination of
				  materials, whether in the round, bas-relief, high relief, mobile, fountain,
				  kinetic, or electronic,
(B)
painting, including murals and
				  frescoes,
(C)
mosaic,
(D)
photography,
(E)
fine crafts made from clay, fiber and textiles,
				  wood, glass, metal, plastics or any other material, or any combination
				  thereof,
(F)
drawing,
(G)
calligraphy,
(H)
mixed media composed of any combination of forms
				  or media,
(I)
unique architectural stylings or embellishments,
				  including architectural crafts,
(J)
ornamental gateways, and
(K)
restoration or renovation of existing works of art
				  of historical significance.
[74 O.S., Section 9030.2]
Added at 24 Ok Reg 335,
				  eff 10-31-06 (emergency); Added at 24 Ok Reg 2164, eff
				  6-25-07