New Mexico Register / Volume XXIX, Issue
24 / December 27, 2018
This is an amendment to 4.12.11 NMAC, Sections 1, 7
through 10, 12, and 15, effective 01/01/2019.
Explanatory paragraph: In 4.12.11.7
NMAC Subsection B through C, and Subsections E through F were not published as
there were no changes. In 4.12.11.9
NMAC, Subsections A through C, Subsection E, and Paragraphs (1) through (5) of
Subsection F were not published as there were no changes.
4.12.11.1 ISSUING AGENCY: Department of Cultural Affairs, New Mexico
Arts (NMA) Division, Art in Public Places Program.
[4.12.11.1 NMAC - Rp, 4.12.11.1 NMAC, 9-30-2009; A, 01-01-2019]
4.12.11.7 DEFINITIONS: As used in this rule, in addition to those defined at 4.12.1.7 NMAC the
following definitions apply.
A. “AIPP funds” means the [1% for
art allocations] funds allocated for the acquisition and installation of
art from appropriations for new construction or renovations, as described
in the arts in public places act, and is comprised of site-specific funds, see
Section 13-4A-4(A) NMSA 1978, and auxiliary funds, see section 13-4A-4(B) NMSA
1978.
***
D. “Art selection committee” means
the committee that selects the artwork and the artist for a commission or
purchase project. See Subsections [(L),
(S), and (W) ] (M), (T), and (X) of 4.12.11.7 NMAC for the different
types of art selection committees.
***
G. “Auxiliary
Funds” means the AIPP funds allocated pursuant to Subsection B of
Section 13-4A-4 NMSA 1978 for new construction or renovation of structures
which are excluded from the provisions of the Art in Public Places Act under
Subsection E of Section 13-4A-3 NMSA 1978. “Auxiliary Funds” may be expended on the
acquisition and installation of art for existing public buildings as well as
for administrative costs incurred by NMA for the implementation for the Art in
Public Places Act.
[G.] H. “Building” means a relatively permanent
structure or facility which includes fixtures and other built-ins and that is
used for any of a wide variety of activities, including but not limited to
plazas, parks and arenas.
[H.] I. “Commission” or “commission project”
means the process of selecting a work of art to be designed and created for a specific building or site. [Commission projects have
budgets of forty thousand dollars ($40,000) or greater.]
[I.] J. “Construct” means to make or
form a building or make major renovations to a building and may include the
cost of commissioning a building for energy efficient green building standards
(i.e. LEED certification), as required by law; used interchangeably with
“build”.
[J.] K. “Deaccession”
means the act of permanently removing an artwork from the state’s public art
collection.
[K.] L. “Finalist” means the individuals or artist teams
selected from all artist submissions by the LSC to present maquettes, drawings,
and other material for consideration as the selected artist for a commission
project.
[L.] M. “Local
selection committee or LSC” means the committee of five to eleven members
excluding AIPP staff, that selects a site, develops a prospectus, and select an
artist for the site.
[M.] N. “Maquette” means a finalist’s scale model of the
proposed artwork or other appropriate means of expressing the artist’s idea.
[N.] O. “New Mexico artist” means an artist who
resides in New Mexico. If an artist resides in New Mexico for only part of the
year, to qualify as a New Mexican artist, the artist must reside in New Mexico
for at least ninety days out of the year and have maintained this part-time
residency for at least two years consecutively.
[O.] P. “Public art
collection” means the collection of artwork which has been acquired by the
NMA for display in public building throughout the state.
[P.] Q. “Project
director” means the delegated individual who is responsible for working
with the AIPP staff to oversee the art selection process for a commission
project. The project director is usually
a representative or designee of the owner or the group using the building under
construction or renovation.
[Q.] R. “Prospectus”
means the document issued by the arts division for the purpose of publicly
stating the criteria for the specific project.
The prospectus is made available to all artists who are interested in
applying and are created for each commission project.
[R.] S. “Purchase project” or
“purchase” means the
process of acquiring an artwork that
has previously been created by an artist and is selected by the RBC for their
site. [Projects with budgets up to forty thousand dollars ($40,000) are purchase projects.] NMA
shall determine the maximum number of artworks a site may purchase.
[S.] T. “Regional
buying committee” or “RBC” means the committee made up of two to three
local representatives of a public building or site receiving AIPP funds for the
purchase of artwork. The RBC is
responsible for the selection of artwork for their site.
[T.] U. “Selection
criteria” means a varying list of qualifications included in the
prospectus, which an artist’s submission must meet to be considered by an art
selection committee for a public art project.
[U.] V. “Site”
means the place where the public artwork shall be located.
[V.] W. “Site
specific” means artwork that is created for, and tailored to a particular
site and community. Pre-existing artwork
does not qualify as site specific.
[W.] X. “Submission review panel” or “SRP”
means the committee comprised of a minimum of five members who are artists or
arts professionals that review artist submissions for purchase projects and
make recommendations to NMA, following a set of criteria, for the selection of
a manageable number of artworks to be viewed by RBC and purchased by public
agencies.
[4.12.11.7 NMAC - Rp, 4.12.11.7 NMAC, 9-30-2009; A, 01-01-2019]
4.12.11.8 ADMINISTRATION OF AIPP PROGRAM AND FUNDS: The AIPP program shall administer and
use funds derived from the Art in Public Places Act to acquire works of art, in
[consolation] consultation with art selection committees through
either the commission process[,] or the purchase process, [or] for
installation and display in [public building], upon, or around public
buildings throughout New Mexico which reflect the cultural, ethnic and
artistic diversity of New Mexico, the region, and the nation. Public artworks
may be an integral part of the building, attached to the building, detached
within or outside the structures or placed on public lands, part of a temporary
exhibit or loaned or exhibited by the agency in other public facilities.
A. The AIPP program may aggregate AIPP
funds, when appropriate and with concurrence of the site owner, for a
more significant public art project. There
is no limit to the amount of funds that may be aggregated and allocated for a
specific project.
B. The [NMA] AIPP Program
shall determine how auxiliary funds will be utilized.
(1) Auxiliary funds may be used to
acquire and install works of art for existing public buildings in accordance
with the Art in Public Places Act, or works of art that are available for loan
in, upon, or around public buildings.
(2) Auxiliary
funds may also be used NMA for administrative costs incurred by NMA for the
implementation of the Art in Public Places Act.
C. Applicability
of Art in Public Places Act.
[C.] (1) If an individual project that is part of A
statewide repair appropriation is for an amount over one hundred thousand
dollars ($100,000), then that project’s funds are not subject to the
one percent allocation.
[D.] (2) Determination
of whether the Art in Public Places Act applies to a project is made by the
AIPP Program and is based on the original appropriation.
[E.] (3) Reauthorized appropriations for which the original appropriation
was subject to the Art in Public Places Act shall remain subject to the AIPP
allocation. In these instances, the one percent allocation shall be placed in
the auxiliary fund. If the original appropriation was [nor] not
subject to the Art in Public Places Act, then no funds will be allocated to the
AIPP, regardless of the purpose of the reauthorized appropriation.
D. If after four (4) years and five (5)
documented attempts to contact the site owner to spend site-specific AIPP
funds, the funds remain unspent, the AIPP funds may, at the
discretion of the AIPP Program, be designated as auxiliary funds.
Written notice of the auxiliary designation shall be sent to the site owner with
a copy retained in the project file.
[4.12.11.8 NMAC - Rp, 4.12.11.8 NMAC, 9-30-2009; A, 01-01-2019]
4.12.11.9 GENERAL COMMISSION PROCEDURES:
***
D. Membership
composition.
(1) The
LSC is composed of five to [eleven] 11 members excluding the AIPP
staff.
***
F. LSC responsibilities.
***
(6) A [two-thirds (2/3)] majority
vote is required for an artist to be selected as the final artist and the
selection shall be formally approved, duly moved and seconded.
[4.12.11.9 NMAC - Rp, 4.12.11.9 NMAC, 9-30-2009; A, 01-01-2019]
4.12.11.10 GENERAL
PURCHASE PROCEDURES:
A. NMA shall develop and advertise a
prospectus that invites artists meeting specific criteria outlined in the
prospectus, to apply with previously created artwork for review to be selected
by sites. [having budgets up to forty thousand dollars ($40,000).]
[4.12.11.10 NMAC - N,
9-30-2009; A, 01-01-2019]
4.12.11.12 DEVELOPMENT
OF THE PROSPECTUS:
A. There are two types of prospectuses.
(1) Purchase prospectus - created by AIPP
staff for several sites. [having budgets up to forty thousand dollars
($40,000).] Each site’s RBC selects
artwork for its facility.
(2) Commission prospectus - created by
AIPP staff in collaboration with the LSC. [for sites having budgets beyond
forty thousand dollars ($40,000).]
These are site-specific works created exclusively for a certain
location.
B. For a commission prospectus.
(1) The LSC shall consider various
criteria in order to identify what type of art it is looking for.
[C.] The criteria must be written into a
prospectus.
[D.] (2)
LSC members have a responsibility to determine as much about what they want as
possible and to include that information in the prospectus, in order not to
waste their own time reviewing needless submissions, or the time of artists in
preparing inappropriate submissions.
[E.] C. Factors
to be considered for the prospectus include the following.
(1) Location - interior, exterior and any
other particular locations should be considered. When possible, AIPP staff encourages the art
selection committee to select artwork that can be an integral part of the
structure.
(2) Medium - determination of suitable
materials composing the artwork, size/scale of the artwork, two or three
dimensional artwork, maintenance and the budget available in relation to the
scope of the project and potential sites.
(3) Style - the style an artist uses to
express his ideas. For example,
traditional, folk-art, abstract, non-objective, figurative, representational,
etc.
(4) Eligibility - all competitions are
open to New Mexico artists, and, depending on the scope of a project,
the competition may be open to larger regions.
(5) Receipt deadline - the designated
date when artist submissions must be received by NMA to remain eligible for the
project. The art selection committee
shall not review late submissions or incomplete artist submissions.
(6) Art selection process - all AIPP
projects must be open and fair competitions.
(7) Submission requirements - the
specific materials the artist must submit as part of the artist submission.
[F.] D. Distribution of the prospectus - the
prospectus shall be advertised and distributed in such a way as to reach as
many artists as possible and shall include one or more of the
following methods:
(1) NMA
email blast, newsletter, [artspeak, and] the NMA
website [ - the NMA staff shall publish the availability of prospectuses in
its quarterly newsletter, which is mailed to artists and galleries throughout
the United States. The current
prospectuses are posted on the NMA website at www.nmarts.org.] --www.nmarts.org,
and NMA social media outlets (e.g. Facebook, Instagram) or other comparable
methods.
(2) Public service
announcements - the NMA staff
shall send public service announcements to appropriate media, including
newspapers, arts publications, and radio stations, locally, statewide and
nationally.
(3) Press
advertisements - the art
selection committee may designate one member who shall make sure the project is
advertised in the local media.
(4) Other
information outlets - traditional media outlets are often insufficient to
generate the participation of certain artists.
If an art selection committee is interested in a particular constituency
group, the art selection committee members shall make an effort to make
whatever contact possible with members of that group and enlist their help in
spreading the word.
(5) Invitational
competition. - in addition to having a competition open to all eligible
artists, prospectuses may be distributed to targeted artists to encourage them
to apply.
[4.12.11.12 NMAC - Rp, 4.12.11.12 NMAC, 9-30-2009; A, 01-01-2019]
4.12.11.15 VARIATIONS TO PROCEDURES:
A. NMA has established
these procedures as guidelines to be followed in the art selection process.
B. Opportunities may be identified
during the art selection process that may require modification to these
procedures.
C. Variations
may be incorporated into the art selection process with the approval of the
AIPP program [manager] director.
[4.12.11.15 NMAC - Rp, 4.12.11.15 NMAC, 9-30-2009; A, 01-01-2019]