Ley 107 del 2001
Resumen
Esta ley establece el programa "Artes Públicas" en Puerto Rico, asignando el 1% de los costos de construcción de instalaciones o edificios públicos para encargar, comprar y exhibir obras de arte. Crea la "Comisión de Artes Públicas del Estado Libre Asociado de Puerto Rico" para administrar el programa y el "Fondo Gubernamental de Artes Públicas" para financiarlo. La ley busca enriquecer el patrimonio artístico de Puerto Rico, fomentar la creación de obras de arte, preferiblemente por artistas puertorriqueños, y promover la cultura y la industria artística local.
Contenido
(No. 107)
(Approved August 16, 2001)
AN ACT
To establish a "Public Arts" program by assigning one percent (1%) of the construction costs of public facilities or building to commission, purchase and exhibit works of art; create the "Commonwealth of Puerto Rico Public Arts Commission" and provide for its organization, powers, duties and functions; and create the "Public Arts Government Fund".
STATEMENT OF MOTIVES
The arts are a means of expressing the identity and cultural values of a peoples. Historically, the artist was the foremost designer of the public space. With the passage of time and the segmentation of the professional classes, the use of the arts and the role of the artist as contributor to the positive definition of the environmental surroundings of the cities was more often limited to that of reacting rather than that of making a contribution which would be initially foreseen in the integral planning of the works created for enhancing community life. As a consequence of the latter and in the measure that the arts no longer held a public position visible and accessible to everyone, the individual and collective benefits derived from their appreciation and the social interaction they fostered went on to become the possession of a small privileged group of people with ample financial resources functioning as private patrons. The past decades have however, witnessed a radical change in such a trend. The participation of the governments and their acknowledgement concerning the fundamental role
that the arts play in the lives of the people have been the crucial factors in determining this new direction. Beginning in the city of Philadelphia in 1959, many states and local governments have promulgated legislation to require that a fixed percentage of the construction costs of government works be devoted to the acquisition and placement of public works of art for the enhancement and enjoyment of the whole community. There are at least 195 organizations in the United States that sponsor public arts programs of this nature. A considerable number of European countries implement similar programs for the acquisition of art works administered and financed through a scheme of appropriations in percentage terms that vary from 25% to 2%. Each and everyone of these initiatives reaffirms the fact that the arts, and above all the public arts, humanize, educate, invite public participation, provide a means for expressing one's identity, celebrate the traditions, promote cultural conscience, create economic opportunities and challenges for the local artists, enliven community life and foster social interaction by beautifying the urban environment around us.
It is a matter of unquestionable fact that many of our citizens lack a real opportunity for enjoying the arts, be it by experiencing works of art or by creating them. This Legislature believes that the creation and appreciation of works of art are activities vital to the culture of our people. It therefore becomes necessary to adopt a Public Arts program that fosters the creation of art works leading to the enhancement of the quality of life of our Island. Through this Act the Government seeks to fulfill its pressing interest in enriching Puerto Rico's artistic heritage by fostering the acquisition and creation of works of art, preferably conceived by Puerto Ricans, as proof of the artistic eloquence of the Puerto Rican psyche itself. The urgent interest of the Government concerns the promotion of the artistic culture and
industry in Puerto Rico in view of the fact that such matters have been lagging behind for many years in respect to their integration to the processes for the construction of public facilities and buildings. This justified urgent preference does not however prevent the Government from acquiring works of art created by foreign artists. This Act promotes the highest expression of our values as well as the social and economic benefits that a community proud of creating positive images of itself through the inclusion of artistic symbols in its public spaces and places derives from the arts.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.- Title of the Act.- This Act shall be known as the "Commonwealth of Puerto Rico Public Arts Act".
Section 2.- Public Policy Statement In the exercise of its responsibility to promote interaction between the citizens and the arts, to foster a proud and stimulating public environment of distinction, to encourage the vitality of the communities and to provide an opportunity for the development of artists, the Legislature declares as public policy of the Commonwealth of Puerto Rico that a portion of the costs for the construction or renovation of public facilities or buildings be devoted to the acquisition, installation and exhibition of works of art in these or their surroundings, with emphasis on the acquisition, installation and exhibition of the works of art of Puerto Rican artists.
Section 3.- Definitions The following words and terms shall have the meaning expresses below:
(a) "Acquisition" - to obtain through purchase; or commission an artist to create a work of art.
(b) "Artist" - a creator of visual works of art generally by the critics or his or her peers as a profession who cognized works of art. This definition does not include the architect for the project for which works of art are selected or any member of his or her architectural office.
(c) "Puerto Rican Artist" - an artist native of Puerto Rico; an artist domiciled in Puerto Rico; or an artist who has resided or worked in Puerto Rico for a period of at least ten (10) years.
(d) "Commission" - the Commonwealth of Puerto Rico Public Arts Commission, as college, including when, pursuant to the provisions of this Act, acts divided into panels.
(e) "Construction" - the construction, remodeling, renovation or reconstruction of a public facility or building, not including minor repairs or alterations.
(f) "Construction Costs" - the cost to be incurred for the construction of a public facility or building, excluding the cost of acquiring the land, research on the locality, design services, administrative expenses and the purchase of equipment.
(g) "Public Facility or Building" - any permanent structure, park, building or facility and its immediate surroundings property of the Commonwealth of Puerto Rico or of a public corporation and whose construction is carried out partially or totally with public funds of the Commonwealth of Puerto Rico or one of its public corporations and whose use is devoted to offices, courts, schools, recreational areas and leisure activities, medical services, housing, auditoriums, transportation terminals, libraries, museums or any other structure or similar place where government services are
provided or are devoted to public use. This term does not include roads, correctional facilities, aqueducts, parking lots, warehouses or others of a similar nature, unless they are annexed to or are part of one of the public structures or facilities devoted to providing government services or to public use.
(h) "Fund" - the Special Fund created in this Act for the acquisition of works of art.
(i) "Work of Art" - any work of visual art, including, without it being understood as a limitation, paintings, murals, sculptures, drawings, mosaics, photographs, calligraphies, monuments, graphic arts works such as lithographs and engravings, works of artisans, fountains or any other analogous display or ornamentation that complements the artistic quality and effect of a public facility or building and that is part of, contained within or connected to a total architectural design.
Section 4.- Designation and Reserve of Funds
(a) As of fiscal year beginning July 1, 2001, up to a maximum of one (1) percent of the construction cost of any public facility or building shall be devoted to the acquisition, installation and exhibition of works of art created, without it being understood as a limitation, by Puerto Rican artists. Said cost shall be defrayed by the agency concerned with the same funds available for the construction of the work. In the case of funds proceeding from the issue of bonds, the agencies shall identity other resources available to them to comply with said purposes. The works of art acquired under this reserve shall be exhibited in the interior or exterior of
the public areas or within the grounds of the facility or building and not in private or limited public access offices.
(b) When the construction costs of a public facility or building do not exceed the amount of two hundred and fifty thousand (250,000) dollars, the reserve in percentage terms provided in the preceding subsection shall be transferred to the Public Arts Government Fund for the acquisition of works of art for other public facilities or buildings as determined by the Commonwealth of Puerto Rico Public Arts Commission.
Section 5.- Creation of the Public Arts Government Fund A special fund to be known as the "Public Arts Government Fund", attached to the Commonwealth of Puerto Rico Public Arts Commission, shall be created without any specific economic year in the books of the Department of the Treasury of the Commonwealth of Puerto Rico in order to achieve the objectives of this Act. Said fund, to be governed according to the standards and regulations that the Commission may adopt, with the previous approval of the Secretary of the Treasury, in harmony with the provisions in effect for the administration of similar funds, shall be maintained separate from other public funds under his or her custody and shall be nourished from the following items:
(a) The reserves and appropriations in percentage terms of the construction cost of public facilities and buildings provided in Section 4 of this Act.
(b) Any other monies that may be donated, transferred, or assigned by Federal, Commonwealth or Municipal bodies or by private persons or entities.
(c) The sums of money appropriated by the Legislature.
Section 6.- Initial Appropriation and Subsequent Contributions So as to begin the implementation of this Act, the Legislature hereby appropriates an initial contribution of one hundred thousand (100,000) dollars to the Fund to cover the operational and administrative expenses of the Commission. For each subsequent fiscal year, the Legislature shall devote a budgetary item for the same purpose taking into consideration the petition that to that effect the Commission makes in its annual report to the Legislature, as provided in Section 9(k) of this Act.
Section 7.- Creation of the Commonwealth of Puerto Rico Public Arts Commission.
The Commonwealth of Puerto Rico Public Arts Commission is hereby created, to be constituted by eleven (11) members, appointed by the Governor with the advice and consent of the Senate, for a term of five (5) years and until their successors take office. The Governor shall designate a member of the Commission as Chairperson, who shall hold said office at his or her will. Should a vacancy arise, the Governor shall make a new appointment for the unfinished term of the member being substituted.
All members appointed to the Commission shall be persons of known capability, knowledgeable in the field of the arts and their history or in the discipline of art criticism. At least three (3) of the eleven (11) members of the Commission shall also be knowledgeable in administrative matters. Provided, that the Executive Director of the Institute of Puerto Rican Culture shall be an ex-officio member of the Commission.
The members of the Commission shall not receive any salary but shall be entitled to a per diem of fifty (50) dollars for each day or fraction thereof in which they attend meetings of the Commission. They shall also be entitled
to travel expenses incurred in the performance of their duties according to the regulations of the Department of the Treasury in effect.
Section 8.- Panels and By-laws The Commission shall function in full or, at the discretion of the Chairperson, divided into panels of three (3) members. These panels may function and adjudicate matters independently of each other. The Chairperson may also keep the tasks assigned to each panel separate when he or she deems that this may make the work of the Commission more effective.
The assignment of tasks may be altered or annulled by the Chairperson when, in his or her judgment, any public interest or operational efficiency factor or factors so merits. The Chairperson, at his or her discretion or by petition of any of the members of a panel, may withdraw any matter from the attention of a panel and submit the same to the Commission in full. The decisions of Commission may be made by the majority of the members of a panel or the totality of its members when constituted in full.
The Commission shall adopt a body of by-laws for its operations. Section 9.- Duties, Functions and Powers of the Commission The Commission shall be the body charged with administering and directing the Fund and in order to achieve the purposes of this Act shall have the following powers, functions and duties:
(a) Implement the public policy of the Public Arts Program established in this Act and set forth the procedure for its execution regarding the projects for the construction of public facilities and buildings.
(b) Determine how the funds at its disposal for the construction of any public facility or building shall be used.
(c) Determine and supervise the proper placement of the works of art acquired by the Commission for each construction project in consultation with the artists commissioned to create said works of art when this is the method selected for acquiring any artwork.
(d) Establish guidelines for selecting and regulations for acquiring works of art, including the determination as to whether the selection of a work of art shall be made through open competition, limited participation by invitation or by direct selection. The acquisition or commission of any work of art may be made without having to subject said selection process to the bidding mechanism.
(e) Keep an updated register of all works of art acquired and being exhibited in public facilities or buildings under the Public Arts Program herein established.
(f) Select the artists and the works of art for each construction project of a public facility or building.
(g) Authorize and contract for the acquisition of works of art or the commission of their design, execution or installation and provide for their payment with the moneys of the Fund.
(h) Conduct meetings regularly and keep minutes of the same, which shall be public documents available for inspection by the citizens.
(i) Initiate, sponsor or conduct by itself or in cooperation with other government bodies or private entities, art programs or exhibits so as to encourage the development and interest of the citizens in the arts.
(j) Establish guidelines to regulate and encourage the donation to the Commonwealth of Puerto Rico of works of art to be placed in public facilities or buildings.
(k) Submit, on June 30 of each year, a report to the Governor and the Legislature summarizing the information concerning the activities and operation of the Commission and the Public Arts Program, the expenses incurred in its administration and the moneys and art works donated during the period covered by the report. The report shall also include those recommendations the Commission may deem proper for promoting the purposes of this Act, including petitioning the Fund for a budgetary appropriation to defray the expenses for the administration of the Public Arts Program and the activities of the Commission. (1) Solicit from any department, instrumentality or public corporation of the Commonwealth of Puerto Rico the assistance and information needed to implement this Act.
(m) Establish and maintain a register of artists competent in the various modalities of visual arts, with particular reference to the type of works of art they create, so that the identification and selection of works of art for a public facility or building may be speedily conducted.
(n) Take any incidental, necessary or convenient action to exercise its powers and fulfill the duties and obligations imposed by this Act.
Section 10.- Direct and Separate Contracts The Commission shall be directly in charge of contracting the artists or their representatives for the acquisition of public works of art, as provided in this Act. This shall be done by means of a written agreement separate from the contract granted for the construction of the public facility or building that prompted the acquisition of the work of art.
Section 11.- Selection of Puerto Rican Artists To the degree possible, the Commission shall emphasize the acquisition of works of art created by Puerto Rican artists and shall ensure that they correspond to the various modalities of visual arts referred to in Section 3(i) of this Act.
Section 12.- Aid and Assistance of the Institute of Culture The Institute of Puerto Rican Culture is hereby authorized to give assistance to the Commission and to that effect shall provide the latter with office space, equipment, technical and professional personnel and any other assistance or service the Commission may deem necessary.
Provided that the maintenance and conservation of the works of art acquired by virtue of this Act is the responsibility of the agency that administers or owns the facilities or buildings where said works of art are found. Should the assistance, services and expertise of the Institute of Puerto Rican Culture be required to attend to any matter related to the maintenance and conservation of the works of art, the petitioning agency shall pay the Institute the real cost of the service provided.
Section 13.- Title and Rights to the Works of Art The Commonwealth of Puerto Rico shall be the sole title holder and proprietor of the works of art acquired under this Act. Likewise, except for the right of the author to claim or relinquish attribution of the work of art, the rights granted by Act No. 96 of July 15, 1988, as amended, known as the Puerto Rico Intellectual Property Act, shall belong to the government of Puerto Rico. The artist shall retain all rights granted by the copyright laws of the United States of America over his or her works, which may, however, be limited through a written contract.
Section 14.- Severability Should any clause, paragraph, article, section, title or part of this Act be declared unconstitutional by a competent court, the judgment pronounced to that effect shall neither affect, prejudice nor invalidate the remainder of the Act.
Section 15.- Effectiveness This Act shall take effect immediately after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 107 (H.B. 943) of the $1^{ ext {st }}$ Session of the $14^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to establish a "Public Arts" program by assigning one percent (1%) of the construction costs of public facilities or building to commission, purchase and exhibit works of art; create the "Commonwealth of Puerto Rico Public Arts Commission" and provide for its organization, powers, duties and functions; and create the "Public Arts Government Fund, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $23^{ ext {rd }}$ of November of 2004.
Elba Rosa Rodríguez-Fuentes Director