As used in this part: (1) "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. (2) "Acquired or constructed" means acquired, constructed, reconstructed, restored, enlarged, improved, renovated, repaired, replaced, equipped, or furnished in whole or in part with state funds. (3) "Contracting agency" means the state agency which is responsible for supervising the principal user of a state building or facility. (4) "Public art installation" means a work of art: (a) owned by a: (i) county of the first class; or (ii) municipality or metro township in a county of the first class; (b) created by an artist, with a preference for a Utah artist; (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 (d) that is intended to be a permanent fixture in the public place. (5) "Principal user" means the department, board, commission, institution, or agency of the state for the principal use of which a state building or facility is acquired or constructed. (6) (a) "Program" means the Percent-for-Art Program created in this part. (b) "Program" does not mean the Public Art Installation Initiative created in Section 9-6-410. (7) "Project" means the project whereby state buildings or facilities are acquired or constructed. (8) (a) "State building or facility" means a state building, permanent structure, facility, park, or appurtenant structure thereof, wholly or partially enclosed, which includes, but is not restricted to a space or facility used or to be used for carrying out the functions of a department, board, commission, institution, or agency of the state, including offices, hearing or meeting rooms, auditoriums, libraries, courtrooms, classrooms, workshops, laboratories, eating or sleeping facilities, or highway rest areas. (b) "State building or facility" does not include motor pools, heating plants, sheds, sewers, parking lots, bridges, highways, or buildings used solely for storage or warehousing. (9) "Utah artist" means: (a) an individual who produces paintings, drawings, photos, sculptures, or similar works; and (b) who has: (i) lived in Utah a minimum of ten years; or (ii) a primary residence in the state. (10) "Work of art" or "works of art" means any form of original creation of visual art including, but not restricted to any sculpture, bas relief, high relief, mobile, fountain, painting, graphic, print, lithograph, etching, embossing, drawing, mural, mosaic, supergraphic, fresco, photograph, ceramic, fiber, mixed media, or combination of forms.
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