Nebraska Administrative Code Topic - ARTS COUNCIL
Here’s an updated overview of the Nebraska Administrative Code, Topic – ARTS COUNCIL (Title 40), which governs the state’s arts infrastructure—including the renowned “1 % for Art” program:
🎨 Title 40 – Nebraska Arts Council
📘 Chapter 1: 1 % for Art Regulations
This chapter outlines the “1 % for Art” policy:
Purpose & Scope
State capital construction or major renovation projects (over $500K new or $250K remodel) must allocate at least 1% of eligible expenditures to commissioning or acquiring public artworks (nebraska.gov).
How It Works
A project committee with Nebraska Arts Council (NAC) representation selects artists and artworks, typically through open competition unless budget or timeline constraints allow for limited or direct selection (nebraska.gov).
Roles & Responsibilities
NAC oversees budgeting, artist selection, administrative coordination, annual inspections, maintenance guidance, and artwork deaccessioning when necessary (law.cornell.edu). Project agencies manage contracts, installation, dedication events, and insurance/security (law.cornell.edu).
Budget Review
A formula determines the 1% fund: subtract deductible costs, multiply by 1%, and include administrative fees (up to $6,000) (nebraska.gov).
Definitions & Exclusions
Clarifies scope (eligible projects/public buildings), what counts as art, and what's excluded (e.g., mechanical reproductions, functional architecture) .
📘 Chapter 2: [Currently Unspecified]
Justia and Cornell list Chapter 2 within Title 40, but the content for this chapter isn’t provided in those listings (regulations.justia.com).
🏛️ Nebraska Arts Council Statutory Basis
Primary Duties (Neb. Rev. Stat. § 82‑312)
NAC promotes and encourages the performing & fine arts statewide, conducts surveys and cultural planning, preserves heritage, ensures free artistic expression, and advises on the establishment of creative districts (nebraskalegislature.gov).
Legal Powers (Neb. Rev. Stat. § 82‑313)
NAC can hold hearings, manage contracts and grants, accept funds, support humanities affiliates, implement competitive grant programs, and promulgate regulations (nebraskalegislature.gov).
✅ Summary
Title 40 currently includes at least Chapter 1—comprehensive rules for the 1 % for Art program.
Chapter 2 exists but needs a reliable source.
NAC’s regulatory framework is grounded in state statutes (§ 82‑312 and 82‑313) that define its mission, powers, and consultation roles.
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