A. 1. Except as otherwise provided by subsection C of this section, all state agencies, including institutions within The Oklahoma State System of Higher Education, all state departments, boards, councils, and commissions shall 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 one and one-half percent (1 1/2%) of the expenditure to the Oklahoma Arts Council 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 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:
1. For the fiscal years ending:
2. To the Oklahoma Tourism and Recreation Department.
Added by Laws 2004, c. 254, § 6. Amended by Laws 2004, c. 400, § 2, eff. Sept. 1, 2004; Laws 2011, c. 213, § 1; Laws 2015, c. 196, § 5, eff. July 1, 2015; Laws 2021, c. 536, § 1, eff. Nov. 1, 2021.