Arts in Public Buildings and Buildings Supported by Public Funds

(a)[No text]

(1)Plans for public buildings and buildings supported by federal or government of Guam subsidy which contain public areas, and plans for remodeling or renovation of public buildings or facilities where the total cost of construction, remodeling or renovation exceeds the sum of One Hundred Thousand Dollars ($100,000) shall contain provisions for the inclusion of works of art, by local artists if available, including, but not limited to, sculptures, paintings, murals, or objects relating to or consisting of native art as defined in § 851 of this Chapter.

(2)The owner of the building shall also have the option of allotting at least one percent (1%) of the overall construction, remodeling, or renovation cost of a building to the Guam Council on the Arts and Humanities Agency

(CAHA)in lieu of the inclusion of works of art. CH. 8 GOVERNMENT FACILITIES

(A)Money collected from the construction, remodeling, or renovation of any building within or on the premises of any public educational institution shall be transferred no later than ten

(10)days of receipt to the public educational institution with jurisdiction of said building.

(B)The public educational institutions shall utilize the money for art projects/programs described in § 851 of this Chapter subject to the approval of their governing boards.

(C)No money collected pursuant to this Section shall be used for travel, unless the travel is exclusively for Guam’s participation and representation at the 13th Festival of Pacific Arts and Culture (13th FESTPAC). The money collected pursuant to this Section may be used to pay for airfare expenses for Guam’s delegates to the 13th FESTPAC, shipping expenses for pertinent cargo, and other logistical support as approved by a resolution by the governing board of CAHA. No more than Three Hundred Fifty Thousand Dollars ($350,000) may be expended pursuant to this Subsection for the 13th FESTPAC. In compliance with 1 GCA § 852(g)(2), the CAHA Director’s report shall include an expenditure report of funds spent pursuant to this Subsection.

(D)If artwork plans are selected, however, a representation of the final selection shall be published in a newspaper of general circulation and/or the online version of the newspaper for public screening prior to implementation.

(E)Notwithstanding any other provision of law, rule or regulation, CAHA is authorized to expend up to Two Hundred Thousand Dollars ($200,000) of the amount in Subsection (a)(2)(C) of this Section for its operations in Fiscal Year 2021.

(b)Before issuance of the occupancy permit for such construction, remodeling or reconstruction the owner of the building must obtain clearance from the Guam Council on the Arts and Humanities Agency that the provisions of this Chapter are being complied with.

(c)[No text]

(1)At least one percent (1%) of the overall construction, remodeling or renovation cost of a building described in Subsection

(a)of this Section shall be reserved for the purposes of the design, construction, mounting, maintenance and replacement, and administration of works of art by CAHA in the public area of such a building, or the owner shall give the amount to CAHA.

(2)The Director of CAHA shall include in CAHA rules and regulations, pursuant to the Administrative Adjudication Law, for the disposition of funds to meet the purpose of fostering culture and the arts for the development of local artists, our children and the community as a whole.

(3)The Director of Public Works shall ensure that no construction, remodeling or renovating of a public building, or building supported by government of Guam funds, is granted an occupancy permit without this Chapter being complied with.

(d)Such buildings with an overall construction cost of less than One Hundred Thousand Dollars ($100,000) are exempted from the requirements of the Chapter unless inclusion of works of art in their design and construction is specifically authorized by the owner.

(e)The artist who creates these works of art shall be selected as provided in Subsection

(f)of this Section.

(f)The Director of CAHA shall develop rules and regulations, pursuant to the Administrative Adjudication Law, for the selection of works of art under this Chapter, and shall open competition for awarding any art contract under this Chapter by: CH. 8 GOVERNMENT FACILITIES

(1)soliciting proposals from local artists by a project announcement published no less than three

(3)times in a local publication of general circulation in print and online versions; and

(2)appointing a selection committee consisting of five

(5)members to review all proposals and report to the Director the results of its deliberations regarding the proposed art contract. Such committee shall include a representative of the building’s owner or of the agency or department involved, the project architect, the municipal mayor from the project site, and at least two

(2)practicing artists from Guam. The final decision regarding the use of art work and the selection committee’s recommendations shall be by the Director of CAHA, who shall be the contracting officer for any art contract executed pursuant to this Chapter.

(3)Notwithstanding any rules or regulations governing the Arts in Public Buildings and Facilities, FestPac shall be exempted from the number of grants the organization may receive per year and the maximum amount of the grant(s) the organization may receive. The aforementioned exemption shall sunset on June 30, 2016.

(g)The Director of CAHA shall include in CAHA rules and regulations, pursuant to the Administrative Adjudication Law, procedures for the acceptance of funds as stated in this Section.

(1)An account shall be established which shall be maintained separate and apart from other funds of the government of Guam, shall be kept in a separate bank account, and shall not be subject to any transfer authority of I Maga’hågan/Maga’låhen Guåhan. Funds shall remain in such account and expended by CAHA for the purposes mandated in this Section. Said Fund shall be examined and reported upon as required by law by the Director of CAHA who will serve as the certifying officer of said Fund.

(2)On the first

(1st)day of each fiscal quarter, the CAHA Director shall provide to I Maga’hågan/Maga’låhen Guåhan and the Speaker of I Liheslaturan Guåhan, and post on the CAHA website, a detailed report of how funds were allocated and utilized.

(h)Enforcement.

(1)CAHA shall identify public buildings in non-compliance with this Section and send written notices within ten

(10)working days. Upon receipt of the notice, recipients have two

(2)weeks (fourteen

(14)calendar days) to acknowledge, in writing, receipt. Recipients will be given up to one

(1)fiscal year to comply with this Section.

(2)The Guam Economic Development Authority

(GEDA)shall ensure that current Qualifying Certificate

(QC)program beneficiaries are in compliance with this Section.

(3)For monitoring purposes, GEDA shall provide to CAHA a list of past and current QC recipients. CAHA will determine whether former QC recipients complied with Subsections

(a)and (c), and notify them in writing if non-compliance was determined. Upon receipt of the notice, recipients have two

(2)weeks (fourteen

(14)calendar days) to acknowledge, in writing, receipt. Recipients will be given up to one

(1)fiscal year to comply with this Section.

(4)CAHA shall provide to the Department of Revenue and Taxation a list of QC recipients who fail to comply with this Section. The Department of Revenue and Taxation shall refuse to grant renewal of business licenses for current and past QC recipients in noncompliance, until the CAHA Director issues a written confirmation of compliance.