Administrative Rule 24:50:02 | South Dakota Legislature

(1) "Project advisory panel," a group of citizens established by the council to review and recommend art work for state buildings included in SDCL 1-22-9 to 1-22-17, inclusive;

(2) "Art project," the acquisition of works of art for a state building under SDCL 1-22-9 to 1-22-17, inclusive;

(3) "Building user," the unit of state government located within a state building;

(4) "Commission," an authorization from an advisory panel and the council to create a new work of art;

(5) "Council," the South Dakota arts council;

(6) "Office," the office of arts of the department of education and cultural affairs;

(7) "Artist advisory panel," a group of visual arts professionals appointed by the council to review and comment on art work for a project advisory panel;

(8) "Visual arts professional," any practitioner generally recognized by peers or critics as a professional who produces or is knowledgeable about works of art, including sculpture, drawing, painting, photography, graphic art, crafts, architecture, design arts, and mixed media.

Source: 19 SDR 85, effective December 13, 1992.

General Authority:SDCL 1-22-14.

Law Implemented:SDCL 1-22-14.

Rule 24:50:02:02 Project advisory panel.

24:50:02:02. Project advisory panel. The council shall establish a project advisory panel for each art project to recommend artists to create works of art and to recommend works of art for state buildings pursuant to SDCL 1-22-9 to 1-22-17, inclusive. The project advisory panel shall recommend suitable art forms and locations in accordance with a budget for each project.

A project advisory panel shall elect one member to serve as chairperson. Recommendations of a project advisory panel shall be determined by majority vote. Project advisory panel recommendations shall be presented to the council at a regularly scheduled meeting for the council's final approval.

Members of project advisory panels shall be compensated pursuant to article 5:01 for travel expenses incurred to attend meetings.

Source: 19 SDR 85, effective December 13, 1992.

General Authority:SDCL 1-22-14.

Law Implemented:SDCL 1-22-14.

Rule 24:50:02:03 Conflict of interest.

24:50:02:03. Conflict of interest. Individuals and their immediate family members planning to apply to create a work of art or who will gain monetarily from an art project are not eligible to serve on a project advisory panel or an artist advisory panel for that project.

Source: 19 SDR 85, effective December 13, 1992.

General Authority:SDCL 1-22-14.

Law Implemented:SDCL 1-22-14.

Rule 24:50:02:04 Composition of project advisory panel for projects $25,000 or less.

24:50:02:04. Composition of project advisory panel for projects $25,000 or less. For an art project with a budget of $25,000 or less, the project advisory panel shall be composed of five members, as follows:

(1) The building architect or representative;

(2) A community member from the building site appointed by the mayor;

(3) A representative of the building user appointed by the sponsoring state agency;

(4) A visual arts professional appointed by the council; and

(5) A council member appointed by the council chairperson.

Source: 19 SDR 85, effective December 13, 1992.

General Authority:SDCL 1-22-14.

Law Implemented:SDCL 1-22-14.

Rule 24:50:02:05 Composition of project advisory panel for projects over $25,000 -- Appointment of artist advisory panel.

24:50:02:05. Composition of project advisory panel for projects over $25,000 -- Appointment of artist advisory panel. For an art project with a budget over $25,000, the project advisory panel shall be composed of seven members, as follows:

(1) The building architect or representative;

(2) A community member from the building site appointed by the mayor;

(3) A representative of the sponsoring state agency;

(4) A representative of the building user;

(5) A visual arts professional appointed by the council;

(6) A council member appointed by the council chairperson; and

(7) A state legislator from the district of the art project appointed by the secretary of the department of education and cultural affairs.

For an art project with a budget over $25,000, the council may appoint an artist advisory panel composed of three visual arts professionals to review and comment on all submissions of art work for that project. Artist advisory panel meetings are open to the public. Members of artist advisory panels shall be compensated pursuant to article 5:01 for travel expenses incurred to attend meetings.

Source: 19 SDR 85, effective December 13, 1992.

General Authority:SDCL 1-22-14.

Law Implemented:SDCL 1-22-14.

Rule 24:50:02:06 Commission of art work.

24:50:02:06. Commission of art work. If the council decides to commission art work for a project, the commission must be an open competition among artists and must be widely publicized by the council through the media, council publications, and council mailing lists.

Source: 19 SDR 85, effective December 13, 1992.

General Authority:SDCL 1-22-14.

Law Implemented:SDCL 1-22-14.

Rule 24:50:02:07 Application procedure -- Selection criteria.

24:50:02:07. Application procedure -- Selection criteria. The council shall publicize each art project through the media, council publications, and council mailing lists.

An applicant artist shall submit an application form, current resume, and ten 35-mm slides of art work to the office of arts. Application materials shall be reviewed by the artist advisory panel, if one is appointed, and the project advisory panel. Application materials shall be made available to the council for final approval.

The following factors shall be considered by project advisory panels, artist advisory panels, and the council when reviewing applications from artists:

(1) Quality of art work as demonstrated by examples of the work submitted;

(2) Previous experience; and

(3) Evidence that the work of art can be produced for the funds available and according to the schedule for the art project.

Source: 19 SDR 85, effective December 13, 1992.

General Authority:SDCL 1-22-14.

Law Implemented:SDCL 1-22-14.

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