In this Article, work of art means an object, objects or surface embellishment produced with skill and taste. A work of art should generally be an original creation, rather than a mass-produced item, generally expressing, but not limited to, a social, cultural or historical theme. Works of art include, but are not limited to, paintings, sculptures, engravings, carvings, frescos, mobiles, murals, collages, mosaics, statues, bas-reliefs, tapestries, photographs, drawings, stained glass, fountains, or other decoration, either exterior or interior. The term does not include temporarily hung works of art, landscaping, or the choice or use of materials in architecture.

(a) There is a Public Arts Trust fund within County Government to: (1) receive, hold, and pay out public and private funds to: (A) buy and display works of art on public property in the County; and (B) pay the cost of administering the fund; and (2) sponsor privately-funded temporary or permanent displays of art on public property in the County. (b) The Chief Administrative Officer or a designee must administer the trust in consultation with: (1) Arts and Humanities Council; (2) Montgomery County Public Schools; (3) Montgomery College; and (4) Montgomery County Parks Commission. (c) The Chief Administrative Officer must report to the County Council: (1) each quarter on: (A) new locations selected for works of art to be funded by the Public Arts Trust; and (B) works of art purchased or displayed with Public Arts Trust funds during the quarter; and (2) each year by January 15 on all other uses of Public Arts Trust funds during the prior calendar year.

Each year the County Council should consider appropriating funds for the next fiscal year to the Public Arts Trust in an amount equal to .05% of the combined total approved programmed capital expenditures for the then current fiscal year for County Government, Public Schools, Montgomery College, and Maryland-National Capital Park and Planning Commission.