In this subtitle the following words have the meanings indicated. “Commission” means the Maryland Commission on Public Art. “Fund” means the Maryland Public Art Fund. “Program” means the Maryland Public Art Initiative Program.

There is a Maryland Public Art Initiative Program. The purpose of the Program is to promote the installation of artwork in public facilities for the enrichment of the public. Program money shall be used to: acquire public art to be owned by the State; preserve public art assets, including assets of the Commission; and make grants to local governments.

There is a Maryland Commission on Public Art. The Commission consists of the following 11 members: as designated by the chair of the Council, either the Executive Director or a member of the Maryland State Arts Council established under Subtitle 5 of this title; as designated by the chair of the Trust, either the Director or a member of the Maryland Historical Trust established under Title 5A, Subtitle 3 of the State Finance and Procurement Article; as designated by the State Archivist, either the State Archivist or a member of the Commission on Artistic Property established under Title 9, Subtitle 10 of the State Government Article; the Comptroller or the Comptroller’s designee; and seven public members appointed by the Secretary with the approval of the Governor. The Secretary shall include as public members representatives of the artistic community who have professional expertise as artists, curators, art historians, art educators, or architects. A public member serves at the pleasure of the Secretary. With the approval of the Governor, the Secretary shall designate a chair from among the public members of the Commission. A member of the Commission: may not receive compensation as a member of the Commission; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Maryland State Arts Council shall provide staff to the Commission.

The Commission shall: work with the Department of General Services, the State Department of Transportation, and the University System of Maryland to ensure that new public facilities constructed by State units include the installation of artwork; allocate money from the Fund to commission artwork for installation at public facilities around the State; establish selection panels to recommend artists and artwork to be funded by the Fund; and make final recommendations concerning the disbursement of money allocated to the Program.

There is a Maryland Public Art Fund. The purpose of the Fund is to provide money to carry out the Program. The Commission shall administer the Fund. The Fund is a special, nonlapsing fund that is not subject to reversion under § 7–302 of the State Finance and Procurement Article. The Treasurer shall hold the Fund and the Comptroller shall account for the Fund. The Fund consists of: money appropriated in the State budget for the Program; and any other money accepted for the benefit of the Fund from any other source. Any investment earnings of the Fund shall be paid into the Fund. It is the intent of the General Assembly that for each fiscal year, the Governor shall include in the operating or capital budget an appropriation not to exceed $1,000,000 for the Program. The Treasurer shall invest the money of the Fund in the same manner as other State money may be invested. Money in the Fund may only be spent: to carry out the purposes of this subtitle; and in accordance with the State budget process.

Before a grant is awarded to a local government under this subtitle, the local government shall provide and spend a matching fund. A matching fund of a local government may not consist of: money provided, directly or indirectly, from appropriated or unappropriated State money; real property; in kind contributions; or money spent before June 1, 2005.

The Maryland State Arts Council shall adopt regulations to carry out the Program. The regulations shall address: procedures for artist and art selection; composition of selection panels; budget allocations for each project; local community involvement; and conservation and maintenance concerns.

All artwork funded by the Program is the property of the Commission. In cooperation with the Department of General Services, the Commission is responsible for the inventory, maintenance, and preservation of all artwork acquired through the Program.