Creation of program -- Use of appropriations

(1) A Percent-for-Art Program shall be administered by the division. (2) (a) (i) Before January 1, 2035, an appropriation received by or available to the director under Subsection 63A-5b-609(5) for a new state building or facility that is not located in a county of the first class shall be used to acquire existing works of art or to commission the creation of works of art placed in or at appropriate state buildings or facilities as determined by the division. (ii) Beginning January 1, 2035, any appropriation received by or available to the director shall be used to acquire existing works of art or to commission the creation of works of art placed in or at appropriate state buildings or facilities as determined by the division. (b) For appropriations annually received by or available to the director under Subsection 63A-5b-609(5) for a new state building or facility that is located in a county of the first class: (i) eighty percent shall be used to acquire existing works of art or to commission the creation of works of art placed in or at appropriate state buildings or facilities as determined by the division; and (ii) twenty percent shall be used to support the Public Art Installation Initiative described in Section 9-6-410. (c) Any unexpended funds remaining at the end of the fiscal year shall be nonlapsing and not revert to the General Fund.