TITLE I
THE STATE AND ITS GOVERNMENT

Chapter 19-A
COUNCIL ON THE ARTS

Section 19-A:1

    19-A:1 Declaration of Policy. – It is hereby found that many of our citizens lack the opportunity to view, enjoy or participate in living theatrical performances, musical concerts, operas, dance and ballet recitals, art exhibits, examples of fine architecture, and the performing and fine arts generally. It is hereby further found that, with increasing leisure time, the practice and enjoyment of the arts are of increasing importance and that the general welfare of the people of the state will be promoted by giving further recognition to the arts as a vital aspect of our culture and heritage and as a valued means of expanding the scope of our educational programs. It is hereby further found that arts organizations and businesses are important entertainment hubs and economic multipliers for New Hampshire's local economies. They serve as critical tax bases as employers and tourism destinations and as revenue generators for neighboring businesses such as restaurants, hotels, and retail. The cultural impact of New Hampshire's creative sector is difficult to calculate and serves as an important draw for young people to the state. It is hereby declared to be the policy of the state to join with private patrons and with institutions and professional organizations concerned with the arts to insure that the role of the arts in the life of our communities will continue to grow and will play an ever more significant part in the welfare and educational experience of our citizens. It is further declared that all activities undertaken by the state in carrying out this policy shall be directed toward encouraging and assisting rather than in any ways limiting the freedom of artistic expression that is essential for the well-being of the arts.

Source. 1965, 194:1, eff. Aug. 27, 1965. 2021, 91:441, eff. June 25, 2021.

Section 19-A:2

    19-A:2 Council Created. – A state council, to be known as the New Hampshire state council on the arts, is hereby created and established. The council shall consist of 15 members, broadly representative of all fields of the performing and fine arts, to be appointed by the governor with the advice and consent of the council from among private citizens who are widely known for their professional competence and experience in connection with the performing and fine arts. In making such appointments, due consideration shall be given to the recommendations made by representative civic, educational and professional associations and groups, concerned with or engaged in the production or presentation of the performing and fine arts generally.

Source. 1965, 194:1. 1981, 16:3. 1985, 268:27, eff. Jan. 1, 1986.

Section 19-A:3

    19-A:3 Terms of Office. – The term of office of each member shall be 5 years, provided, however, that of the members first appointed, 3 shall be appointed for terms of one year, 3 for terms of 2 years, 3 for terms of 3 years. The governor shall designate a chairman from the members of the council, to serve as such. The chairman shall be the chief executive officer of the council. All vacancies shall be filled for the balance of the unexpired term in the same manner as original appointments.

Source. 1965, 194:1. 1985, 268:28, eff. Jan. 1, 1986.

Section 19-A:4

    19-A:4 Compensation. – No member of the council shall receive any compensation for his services.

Source. 1965, 194:1. 1985, 268:28, eff. Jan. 1, 1986.

Section 19-A:5

    19-A:5 Duties. –
The duties of the council shall be:
I. To stimulate and encourage throughout the state the study and presentation of the performing and fine arts and public interest and participation therein.
II. To make such surveys as may be deemed advisable of public and private institutions engaged within the state in artistic and cultural activities, including, but not limited to, music, theatre, dance, painting, sculpture, architecture, and allied arts and crafts, and to make recommendations concerning appropriate methods to encourage participation in and appreciation of the arts to meet the legitimate needs and aspirations of persons in all parts of the state.
III. To take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of our state and to expand the state's cultural resources.
IV. To advise the commissioner of natural and cultural resources in all matters concerning the arts.
V. To meet at least quarterly and at such other times as it deems necessary.
VI. To hold public hearings as it deems necessary.
VII. To administer any federal funds received from the National Endowment of the Arts and the art fund established under RSA 19-A:9.
VIII. To accept restricted gifts where appropriate.

Source. 1965, 194:1. 1985, 268:28. 1989, 35:1. 1990, 73:1. 1998, 363:3, eff. Aug. 25, 1998. 2017, 156:38, eff. July 1, 2017.

Section 19-A:6

    19-A:6 Repealed by 1985, 268:43, I, eff. Jan. 1, 1986. –

Section 19-A:7

    19-A:7 Reports. – The council shall make biennial reports to the governor and council. The council's strategic plan and biennial report under this section shall address the activities related to the save our granite stages fund created under RSA 19-A:15.

Source. 1965, 194:1. 1973, 140:36. 1985, 268:29, eff. Jan. 1, 1986. 2021, 91:442, eff. June 25, 2021.

State Art Fund

Section 19-A:8

    19-A:8 Definitions. –
As used in this subdivision:
I. "Acquisition" means to obtain by commissioning an artist to create or by purchasing.
II. "Commissioner" means the commissioner of natural and cultural resources.
III. "Work of art" means any object of historical significance or work of visual art, including, but not limited to, a drawing, painting, mural, fresco, sculpture, mosaic, or photograph, a work of calligraphy, a work of graphic art, including, but not limited to, an etching, lithograph, offset print, silk screen, or a work of graphic art of like nature, crafts, including, but not limited to, crafts in clay, textile, fiber, wood, metal, plastic, glass, and like materials, or mixed media, including, but not limited to, a collage, assemblage, or any combination of the foregoing art media. The term "work of art" does not include environmental landscaping placed about a building.

Source. 1979, 437:2. 1985, 268:30. 1990, 73:1. 1998, 363:3, eff. Aug. 25, 1998. 2017, 156:38, eff. July 1, 2017.

Section 19-A:9

    19-A:9 Art Fund. –
I. There is hereby established a non-lapsing art fund consisting of 1/2 of one percent of the first $15,000,000 of the bid contract price of each new building or major addition authorized by the capital budget to be paid from the general fund. As used in this section, "major addition" means any addition which increases by 25 percent or more the square footage of the building to which it is being added. Contracts for the following projects are excluded:
(a) Repairs;
(b) University system of New Hampshire;
(c) Those paid for by the highway fund, fish and game fund, or federal funds; and
(d) Self-liquidating projects.
II. The commissioner of administrative services shall pay the specified percent to the fund out of the original capital budget appropriation when the governor and council approve the construction contract. The percent shall be a charge against the bond or note financing the construction.

Source. 1979, 437:2. 1981, 554:1. 1985, 399:3, I. 1998, 336:1, eff. Aug. 25, 1998.

Section 19-A:10

    19-A:10 Powers and Duties of Commissioner. –
The commissioner shall have the following powers and duties relative to this subdivision:
I. To adopt rules, pursuant to RSA 541-A, with the advice of the New Hampshire state council on the arts, relative to the selection and placement of art purchased through the state art fund established in this subdivision.
II. To select, with the advice of the New Hampshire state council on the arts, state buildings and facilities as appropriate sites for works of art.
III. To acquire insurance when he deems such insurance necessary for the protection of the works of art purchased, subject to the provisions of RSA 21-I:7-c, V.
IV. To establish selection committees of interested citizens and experts to assist in the carrying out of the provisions of this chapter. The selection committees may include the project architect, a representative of the agency involved, a professional artist, a local citizen, and either a state senator or a state representative from the district in which the project will be located. The members of the selection committee shall serve without pay, but may be compensated for mileage by the department of natural and cultural resources.

Source. 1979, 437:2. 1985, 268:31. 1990, 73:1. 1998, 336:3. 2006, 70:5, eff. June 24, 2006. 2017, 156:38, eff. July 1, 2017.

Section 19-A:11

    19-A:11 Repairs to Works of Art. – Except in the buildings or facilities covered under RSA 14:14-b, no conservation, restoration, repair, or removal of any work of art purchased under the provisions of this subdivision shall be undertaken without the approval of the commissioner, who shall seek the advice of the New Hampshire state council on the arts on any such matter.

Source. 1979, 437:2. 1985, 268:32, eff. Jan. 1, 1986.

Section 19-A:12

    19-A:12 Placement of Other Works of Art. – Nothing in this subdivision shall be construed to preclude the placement of works of art in state buildings or facilities other than those placed pursuant to this subdivision.

Source. 1979, 437:2, eff. July 1, 1979.

Arts Development Program

Section 19-A:13

    19-A:13 Program Established; Matching Funds. –
I. There is hereby established the New Hampshire arts development program to be administered by the New Hampshire council on the arts. The purpose of the program shall be to offer matching state funds for the planning, development, design and management of quality cultural facilities operated by New Hampshire non-profit organizations.
II. The funds shall be expended for appropriate projects through an application process administered by the council, provided that a one-to-one match of funds shall be paid by sources other than the state.
III. Grants shall be screened by the council which shall consider the following criteria:
(a) The quality of the project.
(b) The objectives of the project as stated in the application.
(c) The probability that the project will achieve its stated objectives.
(d) The ability of the applicant to raise the necessary one-to-one match of funds from sources other than the state.
IV. The council shall make its selection within the limits of appropriated funds. Any applicant who is rejected shall be sent written notification of the rejection with the reasons stated for the rejection.

Source. 1987, 262:2, eff. July 1, 1987.

Commission to Study the Economic Impact of the Arts and Culture in New Hampshire

Section 19-A:14

    19-A:14 Repealed by 2015, 122:2, eff. Nov. 1, 2016. –

Save Our Granite Stages Fund

Section 19-A:15


[RSA 19-A:15 repealed by 2021, 91:445, effective June 30, 2023.]
    19-A:15 Save Our Granite Stages Fund. – There is hereby established the save our granite stages fund, which shall be appropriated for fiscal year 2022 to the New Hampshire state council on the arts for the purpose of providing grants to both non-profit and for-profit live venues that did not receive a grant from the federal Shuttered Venue Operators (SVO) program, which was established by Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (P.L. 116-260). The fund shall be nonlapsing and kept separate and distinct from all other funds. Notwithstanding any other provision of law, any discretionary federal funds received by the state in response to the COVID-19 public health emergency may be deposited into the fund. In addition to state appropriations, the council may accept grants, gifts, and donations for deposit in the fund.

Source. 2021, 91:443, eff. June 25, 2021.