Oklahoma § 74-9030.2 - Definitions

§ 74-9030.2. Definitions

As used in the Oklahoma Art in Public Places Act:

1. "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,

Oklahoma Statutes - Title 74. State Government

j.

k.

ornamental gateways, and

restoration or renovation of existing works of art of

historical significance;

2. "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;

3. "Council" means the Oklahoma Arts Council;

4. "Division" means the Art in Public Places Division;

5. "Maintenance" means the ongoing upkeep required for artworks

to retain their structural and aesthetic integrity;

6. "Appointing authority" shall be the Director or designee of

the Project Agency;

7. "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;

8. "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 9030.5 of this title;

9. "Project architect" means the person or firm designing the

public construction project;

10. "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 11 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

Oklahoma Statutes - Title 74. State Government

projects of the Department of Transportation and the Oklahoma

Turnpike Authority;

11. "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; and

12. "Repair" means those extraordinary activities required to

repair or restore a malfunctioning or damaged work of art.

Added by Laws 2004, c. 254, § 3. Amended by Laws 2015, c. 196, § 3,

eff. July 1, 2015.