Current through Register Vol. 48, No. 39, March 25, 2024
Subpart 1.
Definitions.
A. "Artist" means an
individual, or a collaborating group of individuals, practicing in the visual
arts.
B. "Commission" or
"commission award" means the creation of a new work specific to a
site.
C. "Custodial agency" means
the agency that controls the building or site where the artwork will be
installed and is responsible for stewardship of the artwork.
D. "Purchase award" means the direct purchase
of an existing work of art.
E.
"Registry" or "artist registry" means a nonjuried collection of images and
information on visual artists interested in having their work purchased or
commissioned for newly constructed or renovated state building sites across
Minnesota.
F. "Site" or "project"
means a state building, the construction of which is paid for wholly, or in
part, by the state of Minnesota, and does not include construction funds
primarily appropriated for the repair, replacement, or enhancement of the
infrastructures (electrical, plumbing, heating and cooling, or structural)
which are not regularly seen by the public .
G. "Site selection committee" means at least
five, and no more than seven, individuals who will recommend artwork for a
designated site. The board and the custodial agency shall determine whether a
five- or seven-member committee is needed, based on the size of the budget and
the scope of the project to be completed. The committee is chaired by a
designee of the board who is a nonvoting member of the committee.
H. "Work of art" or "artwork" means original
and unique creations in visual media:
(1)
produced by or under the control of artists generally recognized by their peers
and critics as professional artists; and
(2) chosen by site selection
committees.
Subp.
2.
Purpose of program.
The purpose of the Minnesota percent for art in public places
program is to make possible the acquisition of works of art to be exhibited in
areas of a state building, as defined by Minnesota Statutes, section
16B.35, or
its grounds, accessible on a regular basis to members of the public.
Subp. 3.
Activities the
program supports.
The program may purchase or commission original works of art
with up to one percent of the total construction budget of a state building
with a construction or renovation budget of at least $500,000. This program
shall enable artists to participate with client agencies and design
professionals in the process of designing public spaces within and around state
buildings; shall commission artists to create artworks to be integrated into
the buildings and sites; or shall purchase existing artworks to be displayed
throughout the buildings. In addition, the program shall manage and maintain an
artist registry as a resource for selecting visual artists and artwork when new
sites are identified for the program. The registry shall also be used by other
nonstate organizations or individuals interested in locating artwork for
commission or purchase. With authorization from the Department of
Administration, the board may use up to ten percent of each site's percent for
art in public places' appropriation for administrative costs.
Subp. 4.
Processes used to select
artwork for site.
The board shall use a site selection committee process
described in subpart
9 to select artwork for a
site. In circumstances where the amount of available funds do not merit
commissioning new work, the board may determine that a purchase award is
appropriate.
Subp. 5.
Criteria for recommendations.
The four criteria used when reviewing artwork for purchase, or
artists to commission, shall be in the two perspectives as described in items A
and B.
A. Artistic quality, design,
and permanence are the three primary criteria and equally important. Site
selection committee members will examine slides of artists' previous work, and
a professional resume when considering and assessing the artwork or artists.
(1) Artistic quality shall be demonstrated
by:
(a) work samples;
(b) adequate experience in production of
public art; and
(c) evidence of
ability to work within budget.
(2) Design shall be demonstrated by:
(a) aesthetic compatibility with the
architecture; and
(b) appropriate
medium, given the function and use of the site.
(3) Permanence shall be demonstrated by:
(a) use of durable materials; and
(b) good construction techniques.
B. The secondary
criterion in order of importance shall be the acquisition of a variety of
artwork appropriate to a public collection, which is demonstrated by:
(1) artwork in different mediums and styles,
and with a breadth of themes or subjects;
(2) artwork which recognizes and fosters
diverse social, cultural, and historical values; and
(3) artwork which is memorable,
thought-provoking, and enduring.
Subp. 6.
Site selection
committees.
Site selection committees shall be organized in the same manner
as advisory panels under part
1900.0410, subparts
2 to
6. Additional criteria to
select the individuals who serve on a site selection committee are:
A. members must have familiarity with public
art issues and acquisition procedures or experience with community-based visual
arts projects;
B. two members (or
three, if it is a seven person committee) shall represent the residents and
users of the building, appointed by the custodial agency that has authority
over the appropriation that includes funds for the project;
C. one member shall represent the architect
for the building;
D. two members
(or three, if it is a seven person committee) who have expertise as an artist,
curator, critic, writer, museum director, arts educator or administrator,
member of the Arts Board, architect, landscape architect, or other design
professional shall be appointed by the board; and
E. each site selection committee must include
a majority of Minnesota residents as voting members.
Subp. 7.
Residence exemption for artist
registry.
An artist may submit materials for the artist registry. The
artist need not be a Minnesota resident.
Subp. 8.
Waiting periods for subsequent
awards.
An artist who has received purchase awards through the program
totaling a minimum amount as determined by the board based upon available
resources and published in the current program information in one fiscal year
must wait one year from the contract execution date before being considered for
other percent for art projects by the board.
An artist who has received commission awards totaling a minimum
amount as determined by the board based upon available resources and published
in the current program information in one fiscal year must wait three years
from the contract execution date before the artist shall be considered for
other projects.
During the waiting period, an artist may remain on file in the
registry, but the artist's work will not be considered for projects by the
board.
Subp. 9.
Processes to identify applicants for consideration.
A. One of the two methods in subitems (1) and
(2) is used by the site selection committee to acquire works of art:
(1) purchase of existing work; or
(2) commission of new work especially for the
site.
When new work is commissioned, the artist first presents a
design proposal, including a budget and timeline, that must be reviewed and
approved by the site selection committee.
B. The site selection committee may use a
combination of competition types to assemble a pool of applicants for awards.
(1) Open competitions shall be announced by
the distribution of a request for qualifications or a request for proposals
describing the project. Work samples from all eligible responsive applicants
shall be shown to the site selection committee. This type of competition is
most suitable for projects with large budgets and extended timelines.
(2) Registry competitions shall use the
artist registry to prescreen applicants who meet the specific criteria
identified for the site by the site selection committee. The registry shall be
used for all projects, often in combination with other types of competitions,
but is particularly suitable for projects with limited budgets, short
timelines, and if work is sought for a purchase award.
(3) Invitational competitions shall use a
list of artists developed by the board for the purpose of sending an invitation
to apply for a specific site award. This type of competition is most suitable
when artists are sought who have particular skills or abilities, or who work in
specific mediums appropriate to the project, or for projects with an extended
timeline.
(4) For direct
competitions, the site selection committee shall directly invite a limited list
of artists developed by the board to apply, or the committee shall visit
galleries, museums, or studios to select artwork. This type of competition is
most suitable for projects with limited budgets, short timelines, or where work
is sought for direct purchase.
The site selection committee's recommendations shall be given
to the board, the Department of Administration, and other necessary state
agencies for final approval. Upon approval, the board shall enter into a
contract with the artist. The contract shall provide for the direct purchase of
existing work or one or both of the following: the production of schematic
design proposals for a commissioned work or the actual production of
commissioned work.
Subp. 10.
Projects not eligible.
A proposal is not eligible for consideration for the percent
for art program unless it meets the definition of a site or project in subpart
1.
In addition, a project is not eligible for funds if:
A. the funds are to be used solely for the
design or construction of elements of incidental or ornamental
detail;
B. the funds are to be used
for payment of any architect's fees for participating on the site selection
committee; or
C. the Department of
Administration has determined it to be inappropriate.
Subp. 11.
Responsibilities of Arts
Board and custodial agency after acceptance of artwork.
A. The Arts Board staff shall monitor the
condition of the artwork and shall provide oversight to ensure that routine and
special routine maintenance of the artwork is being performed by the custodial
agency.
B. If the board reasonably
determines that the artwork presents imminent harm or hazard to the public, the
board may authorize modifications of, including material changes, or removal of
the artwork without prior approval of the artist.
C. Neither the board nor the custodial agency
shall be required to contact the artist prior to routine or special routine
maintenance, such as artist maintenance instructions.
D. Upon successful installation of the
artwork, the custodial agency shall be responsible for:
(1) protecting the artwork against loss,
theft, vandalism, or other damage;
(2) routine maintenance of the artwork;
and
(3) any conservation or
restoration deemed necessary by the board.
Subp. 12.
Rights of artist after
acceptance of artwork.
A. Neither the
board nor the custodial agency shall make changes that could reasonably be
expected to affect the intended character or appearance of the artwork without
written authorization from the artist.
B. In the event the board determines
conservation and restoration of an artwork should be undertaken, the board
shall notify the artist in writing of:
(1)
the nature of the material change;
(2) the board's recommendations for the
proposed means and methods for conservation and restoration; and
(3) a timeline establishing the date by which
the artist must respond in writing with any concerns regarding the proposed
plan for conservation and restoration.
C. If a modification of the artwork occurs
without the artist's permission and the artist gives written notice to the
board requesting that the artist's name and the artwork be disassociated, the
artwork will no longer be designated as the artwork of the artist.
D. In the event the board decides to no
longer keep the artwork, the artist shall have the right of first refusal to
purchase the artwork in its current condition at the greater of salvage cost or
the cost to retrieve the artwork, provided it is not integrated in a larger
piece or a structure, or it can be removed without destruction of the
artwork.
E. If the artwork is
created and physically constructed as part of a building, facility, or public
site, the installation may subject the artwork to destruction, distortion, or
other modification by reason of its removal from or significant changes to the
location.
Statutory Authority: MS s
129D.04