CHAPTER 15

(SB 112)

Artwork to be displayed in state buildings, provisions revised.


         ENTITLED, An Act to  repeal certain requirements related to works of art in state buildings.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 1-22-10 be amended to read as follows:

     1-22-10.   Any state building constructed, remodeled or renovated after December 31, 1989, shall include works of art for public display. To that end, the state engineer shall certify the total cost of the original construction, remodeling or renovation of any state building, and there shall be appropriated a sum equal to at least one percent of such cost for the purpose of including works of art in, or on the grounds of, the building.

     Sections 1-22-9 to 1-22-17, inclusive, do not apply to projects less than one hundred thousand dollars or to projects where the primary purpose is to remove asbestos, PCBs or other hazardous materials. At least ten percent of the one percent allocated for art under §§ 1-22-9 to 1-22-17, inclusive, shall be transferred to the fund created in § 1-22-11 during the planning and design stage of the state building for which funds have been appropriated.

     Section  2.  That § 1-22-11 be amended to read as follows:

     1-22-11.   A special revolving fund is established within the state treasury to be known as the art for state buildings fund. The fund shall be budgeted and expended in accordance with Title 4 on warrants drawn by the state auditor on vouchers approved by the secretary of Tourism and State Development and shall be used for acquisition of art as provided in §§ 1-22-9 to 1-22-17, inclusive, and for expenses incurred in the administration of §§ 1-22-9 to 1-22-17, inclusive. The fund may derive income from:

             (1)      The transfer of appropriations pursuant to § 1-22-10;

             (2)      Grants;

             (3)      Gifts; or

             (4)      Other appropriations made by the Legislature.

     Signed March 8, 2005
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