(1) As used in this section:

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Terms Used In Utah Code 9-6-410

  • Artist: means a practitioner in the visual arts, generally recognized by critics and the artist's peers as a professional who is committed to producing high quality work on a regular basis, and who is not the project architect or a member of the project's architectural firm. See Utah Code 9-6-403
  • Division: means the Division of Arts and Museums. See Utah Code 9-6-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Public art installation: means a work of art:
         (4)(a) owned by a:
              (4)(a)(i) county of the first class; or
              (4)(a)(ii) municipality or metro township in a county of the first class;
         (4)(b) created by an artist, with a preference for a Utah artist;
         (4)(c) located in a public place where the county of the first class, municipality in a county of the first class, or metro township in a county of the first class has jurisdiction; and
         (4)(d) that is intended to be a permanent fixture in the public place. See Utah Code 9-6-403
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) “Applicant” means:

          (1)(a)(i) a county of the first class;
          (1)(a)(ii) a municipality in a county of the first class; or
          (1)(a)(iii) a metro township in a county of the first class.
     (1)(b)

          (1)(b)(i) “Local funds” means money in the possession of a county, municipality, or metro township through local revenue generation, private donation, or federal or philanthropic grant.
          (1)(b)(ii) “Local funds” does not mean money from a state grant.
(2) There is created a Public Art Installation Initiative to be administered by the division.
(3) Within available funds, the division may award an applicant a dollar-for-dollar match on the purchase or commission of a public art installation as described in this section.
(4) Before the division may offer a dollar-for-dollar match as described in Subsection (3), an applicant shall provide the division with:

     (4)(a) documentation of the local funds dedicated to the proposed public art installation;
     (4)(b) a description or rendering of the proposed public art installation;
     (4)(c) a copy of any contractual agreement the applicant has with the proposed artist, or a template contractual agreement to be offered to an artist; and
     (4)(d) any other information requested by the division.
(5) The division shall establish by rule in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:

     (5)(a) an application process;
     (5)(b) a process to approve or deny an application, in accordance with the purposes described in Section 9-6-402; and
     (5)(c) a process to prioritize applications in the event of limited funding.
(6) The division:

     (6)(a) may solicit and receive a donation to further the objectives of this section; and
     (6)(b) shall deposit any donation received to further the objectives of this section and reserve the use of that donation for the Public Art Installation Initiative.
(7) A donation under Subsection (6) may not supplant appropriations for the Public Art Installation Initiative as described in Subsection 9-6-404(2)(b).