CHAPTER 181
STATE COMMISSION ON THE ARTS

(a) There shall be a State Commission on the Arts. Commencing on July 1, 1987, the commission shall consist of the president of the Connecticut Advocates for the Arts, any member of the National Council on the Arts who resides in Connecticut and twenty- one members appointed as follows: On or before July 1, 1985, the Governor shall appoint five members of the commission, two of whom shall be working artists in the performing or visual arts and one of whom shall be a person having a background of significant accomplishment in business, to serve for terms of four years. Upon the expiration of such terms, the Governor shall appoint five members to serve for terms of four years. On or before July 1, 1993, the Governor shall appoint three members to serve for terms of two years and shall appoint two members to serve for terms of four years, except that the terms of the three members whose terms expire on June 30, 1995, shall expire on December 31, 1994, or when such member's successor is appointed and qualified, whichever is later, and the terms of the two members whose terms expire on June 30, 1997, shall expire on December 31, 1996, or when such member's successor is appointed and qualified, whichever is later. Upon the expiration of such terms, and thereafter, the Governor shall appoint members to serve for terms of four years and shall designate one of such members as the chairperson of the commission. On or before July 1, 1987, the president pro tempore of the Senate shall appoint five members and the minority leader of the Senate shall appoint three members to serve for terms of two years and the speaker of the House of Representatives shall appoint five members and the minority leader of the House of Representatives shall appoint three members to serve for terms of two years. Such appointments shall be made from among private citizens who are widely known for their knowledge, competence or experience in connection with the performing or visual arts. Upon the expiration of such terms and thereafter, members shall be appointed to serve for terms of two years. Vacancies shall be filled by the appointing authority for the unexpired portion of the term. Members of said commission shall receive no compensation for their services as such but shall be reimbursed for their necessary expenses incurred in the performance of their duties. The commission shall meet at least once during each calendar quarter and at such other times as the chairperson deems necessary or upon the request of a majority of members in office. A majority of the members of the commission, but not less than seven, shall constitute a quorum. Any member who fails to attend three consecutive meetings or who fails to attend fifty per cent of all meetings held during any calendar year shall be deemed to have resigned from office. Except for the president of the Connecticut Advocates for the Arts and the members who are on the National Council on the Arts, no member shall serve more than two full consecutive terms which commence on or after July 1, 1985, or for more than eight consecutive years after said date, whichever is the longer period.
(b) The State Commission on the Arts shall be within the State Library for administrative purposes. The State Library Board shall provide such administrative support as required by the commission, including financial management, personnel and data processing services.
(February, 1965, P.A. 579, S. 1, 2; P.A. 77-614, S. 307, 610; P.A. 84-256, S. 6, 17; P.A. 85-300, S. 1, 3; P.A. 87-214, S. 1, 3; P.A. 93-353, S. 40, 52; P.A. 94-245, S. 16, 46; P.A. 95-226, S. 10, 30.)
History: P.A. 77-614 added Subsec. (b) placing commission within education department for administrative purposes; P.A. 84-256 changed membership from twenty-five to fifteen commencing July 1, 1987, and established limits on number of terms and attendance and quorum requirements; P.A. 85-300 amended section to change effective date of reduction in number of members from 1987 to 1985 and to require that one person appointed by governor have a background of significant accomplishment in business; P.A. 87-214 deleted obsolete portion of Subsec. (a), increased the membership of the commission by adding the president of the Connecticut Advocates for the Arts and six members commencing July 1, 1987, and made technical changes; P.A. 93-353 added the provisions concerning the appointments by the governor on or before July 1, 1993, and made technical changes, effective July 1, 1993; P.A. 94-245 amended Subsec. (a) to add members of the National Council on the Arts, to add the exceptions to the length of the terms of the members appointed by the governor on or before July 1, 1993, to require the governor to designate the chairperson of the commission and to delete redundant provision making the president of Connecticut Advocates for the Arts a permanent member for the duration of his term, effective June 2, 1994 (Revisor's note: The two references in Subsec. (a) to "or until such member's successor" were changed editorially by the Revisors to "or when such member's successor" for accuracy); P.A. 95-226 amended Subsec. (b) to transfer the commission from the Department of Education to the State Library and added administrative support provision, effective July 1, 1995.
See title 2c re termination under "Sunset Law".
See Sec. 4-9a re appointments.
See Sec. 4-38f for definition of "administrative purposes only".

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The commission shall encourage, within the state or in association with other states, or both, participation in, and promotion, development, acceptance and appreciation of, artistic and cultural activities that shall include, but are not limited to, music, theater, dance, painting, sculpture, architecture, literature, films and allied arts and crafts and to this end shall have the following powers: (1) To join or contract with consultants, private patrons, individual artists and ensembles and with institutions, local sponsoring organizations and professional organizations; (2) to enter into contracts to provide grants, loans or advances to individuals, organizations, or institutions, public or private, that are engaged in or plan to engage in artistic and cultural programs or activities within the state, or that are engaged in or plan to engage in the promotion, development, or encouragement of artistic and cultural programs or activities within the state; (3) to accept, hold and administer, on behalf of the commission, in accordance with the provisions of sections 4-28, 4-31, 4-31a and 4b-22, real property, personal property, securities, other choses in action and moneys, or any interest therein, and income therefrom, either absolutely or in trust, for any purpose of the commission. The commission may acquire or receive such property or money for its purposes by the acceptance of state or federal or public or private loans, contributions, gifts, grants, donations, bequests or devises, and the commission shall deposit or credit the same in the General Fund; (4) to establish a nonprofit foundation for the purpose of raising funds from private sources to encourage, within the state or in association with other states, or both, participation in, and promotion, development, acceptance and appreciation of, artistic and cultural activities that shall include, but are not limited to, music, theater, dance, painting, sculpture, architecture, literature, films and allied arts and crafts. All funds received by the foundation shall be held in the manner prescribed by sections 4-37e to 4-37j, inclusive; and (5) to perform such other acts as may be necessary or appropriate to carry out the objectives and purposes of the commission. The General Assembly declares that all activities undertaken in carrying out the policies set forth in this chapter shall be directed toward encouraging and assisting, rather than in any way limiting, the freedom of artistic expression that is essential for the well-being of the arts. Said commission shall maintain a survey of public and private facilities engaged within the state in artistic and cultural activities and determine the needs of the citizens of this state and the methods by which existing resources may be utilized, or new resources developed, to fulfill these needs. The commission shall maintain a register of Connecticut artists. The name, town of residence and artistic medium of any such artist residing in Connecticut shall be entered in the register by the commission upon the artist's request.
(February, 1965, P.A. 579, S. 3; 1967, P.A. 155, S. 1; P.A. 74-210, S. 1; P.A. 78-187, S. 2, 10; P.A. 85-267; P.A. 99- 91; P.A. 00-66, S. 28.)
History: 1967 act allowed commission to contract with individuals, ensembles, and local sponsoring organizations in addition to private patrons, institutions and professional organizations; P.A. 74-210 allowed commission to promote arts through association with other states and to contract with consultants; P.A. 78-187 expanded powers re contracts, administration of assets and other actions in new Subdivs. (2) to (4); P.A. 85-267 added provisions re commission's duty to maintain a register of Connecticut artists; P.A. 99-91 added new Subdiv. (4) giving commission power to establish nonprofit foundation and renumbered former Subdiv. (4) as Subdiv. (5); P.A. 00-66 made technical changes.

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The State Commission on the Arts shall establish and administer a "special incentive grant program" to provide financial assistance for artistic and cultural programs and activities pursuant to subdivision (2) of section 10-370. No state funds appropriated to the commission for the purposes of said program shall be disbursed unless one-third of the amount of such financial assistance consists of nonfederal funds raised and received by said commission.
(P.A. 80-355, S. 1, 2.)

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(a) For purposes of this section the following terms have the following meanings:
(1) "Work of art" means any work of visual art, including but not limited to, a drawing, painting, sculpture, mosaic, photograph, work of calligraphy or work of graphic art or mixed media;
(2) "Connecticut artists" means artists born in Connecticut, artists who have worked in or received a portion of their training in Connecticut, or artists living in Connecticut at the time of the purchase of their works of art.
(b) The Connecticut Commission on the Arts may establish and administer a state art collection.
(c) The Connecticut Commission on the Arts shall establish policies and procedures with respect to the activities of the art collection and perform every other matter and thing requisite to the proper management, maintenance, support and control of the Connecticut art collection.
(d) The art collection shall be representative of various media, diverse styles and periods of Connecticut artists and shall be representative of Connecticut's ethnic, racial and cultural groups.
(e) The Connecticut Commission on the Arts may apply for and receive aid or grants from individuals, private artists, state sources, private foundations, local arts organizations and the federal government for the state art collection.
(P.A. 83-180.)

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The office of said commission shall be in Hartford, in facilities to be provided by the Commissioner of Public Works, and said commission shall employ a director and may employ such artistic and arts program personnel as are needed to carry out the purposes of said commission and, subject to the provisions of chapter 67, such technical and clerical assistance as may be necessary for the performance of its duties. It shall serve as a center for the exchange of information, shall create and publicize a calendar of events and develop programs to stimulate artistic and cultural activities and may supply technical advice and assistance to municipalities and nonprofit organizations in the development of their programs and activities.
(February, 1965, P.A. 579, S. 4; P.A. 75-187, S. 1, 2; P.A. 77-614, S. 73, 610; P.A. 87-496, S. 50, 110.)
History: P.A. 75-187 empowered commission to employ artistic and arts program personnel; P.A. 77-614 substituted commissioner of administrative services for public works commissioner; P.A. 87-496 substituted public works for administrative services commissioner.

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Said commission shall make a report to the Governor annually, as provided in section 4-60, and to the General Assembly on or before January fifteenth in the odd-numbered years, which reports shall include the studies and activities of the commission and recommendations for such legislation as will promote the purposes of this chapter.
(February, 1965, P.A. 579, S. 5.)

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The State Commission on the Arts shall adopt regulations in accordance with the provisions of chapter 54 to carry out the provisions of this chapter. Such regulations shall establish (1) the method utilized to select all funding categories, (2) the allocation of money between categories, (3) the eligibility criteria used to award money per category and (4) a standard form of contract to be used by the commission in any agreement to provide financial assistance pursuant to the provisions of subdivision (2) of section 10-370.
(P.A. 78-187, S. 7, 10; P.A. 84-256, S. 7, 17.)
History: P.A. 84-256 required regulations re method of selection of funding categories, allocation of money between categories and eligibility criteria used to award money per category.

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The commission is designated as the state agency for the reception and disbursement of federal, state and private moneys or other property made available on or after July 1, 1965, for the purpose of fostering the arts within the authority of the commission, in accordance with the standard state fiscal procedures.
(February, 1965, P.A. 579, S. 6; 1967, P.A. 155, S. 2; P.A. 74-210, S. 2.)
History: 1967 act included reference to "state moneys" and "other property"; P.A. 74-210 replaced general reference to purposes within jurisdiction of commission with "purpose of fostering the arts".

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Sections 10- 373a to 10-373j, inclusive, are repealed.
(P.A. 73-575, S. 1—4, 6—10, 12, 15; 73-616, S. 1; P.A. 74-338, S. 23, 94; P.A. 77-614, S. 73, 610; P.A. 78-187, S. 9, 10; 78-236, S. 16, 20.)
See Sec. 10-373m re successor agency.

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Any person otherwise qualifying for a loan or grant made by the Commission on the Arts, shall not be disqualified by reason of being under the age of eighteen years and for the purpose of applying for, receiving and repaying such a loan, or entering into a contract concerning such loan or grant, any such person shall be deemed to have full legal capacity to act and shall have all the rights, powers, privileges and obligations of a person of full age, with respect thereto.
(P.A. 73-575, S. 5, 15; P.A. 78-187, S. 8, 10.)
History: P.A. 78-187 substituted "commission on the arts" for "corporation".

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Section 10-373l is repealed.
(P.A. 73-575, S. 11, 15; P.A. 78-187, S. 9, 10.)

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Sec. 10-373m. Transfer of Connecticut Foundation for the Arts to the State Commission on the Arts. (a) All functions, powers and duties of the Connecticut Foundation for the Arts established under the provisions of sections 10-373a to 10-373l, inclusive, of the general statutes, revision of 1958, revised to 1977, are transferred to the State Commission on the Arts, and wherever the term "Connecticut Foundation for the Arts" is used, it shall be deemed to mean or refer to said commission. Said commission shall constitute a successor as to such matters and not a new authority.
(b) The transfer of such functions, powers and duties of said foundation pursuant to the provisions of this section shall not affect any action or proceeding, civil or criminal, pending on or before July 1, 1978, and said commission shall be deemed substituted in such action by operation of this section without motion or order.
(c) Any contract, right of action or matter undertaken or commenced by said foundation, the functions, powers and duties of which are transferred by this section, may be conducted and completed by said commission in the same manner and under the same terms and conditions and with the same effect as if undertaken or commenced and conducted and completed by said foundation.
(d) The Connecticut Foundation for the Arts shall deliver to said commission all contracts, books, maps, plans, papers, records and property pertaining to or used in connection with the functions, powers or duties of the foundation transferred to said commission.
(e) All present employees of the Connecticut Foundation for the Arts are transferred to the State Commission on the Arts and shall be in the unclassified service of the state and all employees hired after July 1, 1978, shall be in the classified or unclassified service according to state personnel regulations.
(f) The Commissioner of Administrative Services, in accordance with the provisions of section 4-40, shall determine the salary, wages and compensation to be paid to each employee transferred to said commission pursuant to the provisions of this section, provided in no case shall such salary, wages or compensation be less than the salary, wage or compensation such employee was entitled to receive under the contract of employment between such employee and said foundation immediately preceding July 1, 1978.
(g) Any full-time employee transferred from the Connecticut Foundation for the Arts to said commission may obtain credit for retirement purposes for such period of time that such employee was employed by said foundation, upon written application to the Retirement Commission, provided such employee makes retirement contributions of five per cent of his yearly rate of compensation from such employment for each of such years with interest thereon at the rate of five per cent per year from the time of such employment to the date of payment. Such payments may be made in twelve equal monthly installments but such credit shall not be granted unless payment of installments is completed.
(h) In any case where any person, on or before July 1, 1978, had entered into a contract with the Connecticut Foundation for the Arts, or had otherwise taken substantial action under sections 10-373a to 10-373l, inclusive, of the general statutes, revision of 1958, revised to 1977, the State Commission on the Arts, as the successor to said foundation in accordance with the provisions subsections (a) to (d), inclusive, of this section, shall continue to be subject to any such contract and may make application to said commission for, and said commission may make grants or loans for the purposes of such contracts from the funds available for the purposes of this chapter. The provisions of this subsection shall apply to contracts with respect to federal funds received by the foundation under the federal Comprehensive Employment Training Act.
(i) On July 1, 1978, there shall be paid into the General Fund and credited to the account of the State Commission on the Arts all funds of the Connecticut Foundation for the Arts. All such moneys shall be applied and used only as provided by or pursuant to any agreements of the foundation respecting such moneys.
(P.A. 78-187, S. 3—6, 10; P.A. 79-631, S. 29, 111.)
History: P.A. 79-631 specified that functions, powers and duties transferred were formerly those of the foundation.

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For purposes of this section and sections 10-373o to 10-373q, inclusive:
(1) "Arts organization" means a nonprofit organization in the state which is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as from time to time amended, the primary purpose of which is to create, perform, present or otherwise promote the visual, performing or literary arts in the state, but shall not mean an organization, the primary purpose of which is instructional, or an organization, the primary purpose of which is to receive contributions for and provide funding to arts organizations;
(2) "Commission" means the State Commission on the Arts;
(3) "Contribution" means cash, negotiable securities or other gifts of similar liquidity;
(4) "Donor" means a private organization, the primary purpose of which is to receive contributions for and provide funding to arts organizations, a private foundation or private corporation, partnership, single proprietorship or association or person making a contribution to an arts organization;
(5) "Fiscal year" means a period of twelve calendar months as determined by the arts organization's bylaws.
(P.A. 88-355, S. 1, 8; P.A. 89-237, S. 5, 11; P.A. 93-353, S. 44, 52; P.A. 94-245, S. 19, 46.)
History: P.A. 89-237 redefined "donor" in Subdiv. (4) to provide that the organization be a private organization; P.A. 93-353 made a technical change, effective July 1, 1993; P.A. 94-245 redefined "fiscal year" to be "as determined by the arts organization's bylaws", rather than twelve months "ending June thirtieth of any year", effective June 2, 1994.

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There is created a "Connecticut Arts Endowment Fund". The proceeds of any bonds issued for the purposes of sections 10-373n to 10-373q, inclusive, shall be deposited in said fund. The State Treasurer shall invest the proceeds of the fund and the investment earnings shall be credited to and become part of the fund. Annually, on or before September first, the Treasurer shall notify the commission of the total amount of investment earnings of the fund for the prior fiscal year and such amount shall be available to the commission for payments pursuant to sections 10-373p and 10-373q. Any balance remaining in the fund at the end of each fiscal year shall be carried forward in the fund for the succeeding fiscal year.
(P.A. 88-355, S. 2, 8; P.A. 93-353, S. 41, 52; 93-435, S. 22, 95.)
History: P.A. 93-353 substituted reference to Sec. 10-373q for reference to Sec. 10-373r and added provision requiring the treasurer to notify the commission of the total amount of investment earnings of the fund for the prior fiscal year and specifying that such amount be available for payments, effective July 1, 1993; P.A. 93-435 duplicated section reference change made in P.A. 93-353, effective June 28, 1993.

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(a) To be eligible for a matching grant for a fiscal year pursuant to this section and section 10-373q, total donor contributions for the fiscal year for which such amount is calculated shall be not less than twenty-five thousand dollars.
(b) For the portion of total donor contributions for the fiscal year which is equal to twenty-five thousand dollars or more but does not exceed the total donor contributions for the prior fiscal year, there shall be a match of twenty-five per cent of such amount, provided no match pursuant to this subsection shall exceed two hundred fifty thousand dollars.
(c) For the portion of total donor contributions for the fiscal year which exceeds the total donor contributions for the prior fiscal year, there shall be a match of one hundred per cent of such amount, provided no match pursuant to this subsection shall exceed one million dollars.
(d) If in any fiscal year the total amount of matching grants to be paid pursuant to the provisions of this section and section 10-373q, exceed the investment earnings of the Arts Endowment Fund which are available for payments to arts organizations pursuant to section 10-373o, all such matching grants shall be reduced on a pro rata basis.
(P.A. 88-355, S. 4, 8; P.A. 89-237, S. 6, 11; P.A. 93-353, S. 42, 52; P.A. 94-245, S. 17, 46.)
History: P.A. 89-237 in Subsec. (b) changed the match for the portion of contributions equal to contributions for the prior fiscal year to a match of the portion of contributions equal to twenty-five thousand dollars or more but not exceeding the contributions for the prior fiscal year and in Subsec. (c) reduced the match for the portion of contributions which exceed contributions for the prior fiscal year from two to one hundred per cent and provided no such match exceed one million dollars; P.A. 93-353 changed the terminology from commitment to grant and amended Subsec. (e) to substitute exceed the "investment earnings of" for exceed the "balance in" and made technical changes, effective July 1, 1993; P.A. 94-245 deleted Subsec. (d) concerning donor contributions to endowments for arts organizations and relettered the remaining Subsec., effective June 2, 1994.

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Annually, on or before December fifteenth, an arts organization may apply to the commission for a state matching grant, provided the organization includes in its application a copy of its Internal Revenue Service return of organization exempt from income tax form, or any replacement form adopted by the Internal Revenue Service, showing the total amount of contributions received from donors for the arts organization's two most recently completed fiscal years. On or before the January fifteenth next following, the commission shall certify to the Treasurer an amount equal to the total matching grants as calculated pursuant to section 10-373p. Thereafter, the Treasurer shall make available such amount to the commission and the commission shall, on or before April fifteenth, pay to each arts organization a grant as calculated pursuant to said section 10-373p.
(P.A. 88-355, S. 3, 8; P.A. 89-237, S. 7, 11; P.A. 93-353, S. 43, 52; P.A. 94-245, S. 18, 46.)
History: P.A. 89-237 in Subsec. (b) substituted October fifteenth for July fifteenth as the date on or before which certain arts organizations file statements of contributions for the prior fiscal year and substituted December fifteenth for October first as the date on or before which the commission certifies the amounts calculated pursuant to Sec. 10-373p to the treasurer; P.A. 93-353 replaced previous procedures for applications with new procedures, effective July 1, 1993; P.A. 94-245 changed application date from October to December fifteenth, substituted "copy of its Internal Revenue Service return of organization exempt from income tax form" for "statement, attested to by a certified public accountant" and substituted total amount of contributions for the two most recently completed fiscal years for such amount for the prior fiscal year and deleted requirement to specify the total amount, if any, of the contributions which were for an endowment for the arts organization, effective June 2, 1994.

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Section 10-373r is repealed, effective July 1, 1993.
(P.A. 88-355, S. 5, 8; P.A. 93-353, S. 51, 52.)

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Reserved for future use.

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