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2000 SESSION


CHAPTER 551
An Act to amend and reenact § 2.1-488.4 of the Code of Virginia, relating to the Governor's approval of works of art.
[S 656]
Approved April 6, 2000

Be it enacted by the General Assembly of Virginia:

1. That § 2.1-488.4 of the Code of Virginia is amended and reenacted as follows:

§ 2.1-488.4. Governor's approval of works of art; removal, etc.; structures, fixtures and works of art placed on or extending over state property.

A. Works of art. Hereafter no work of art shall become the property of the Commonwealth by purchase, gift or otherwise, unless such work of art or a design thereof, together with its proposed location, shall have been submitted to and approved by the Governor acting with the advice and counsel of the Council; nor shall any work of art, until so submitted and approved, be contracted for, placed in or upon or allowed to extend over any property belonging to the Commonwealth. No existing work of art owned by the Commonwealth shall be removed, relocated or altered in any way without submission to the Governor; provided, that the foregoing provisions shall not apply to any portrait, tablet or work of art portraying, or pertaining to, a present or former Governor and presented to, or acquired, by the Governor and displayed in that part of the building under the direct supervision of the Governor or a present or former presiding officer of the Senate or a member or former member of the Supreme Court, the Senate, or the House of Delegates, presented to, or acquired by, the Court member's or presiding officer’s respective body and displayed in that part of any building or buildings under the direct supervision and jurisdiction of the Court such body nor shall they apply to any portrait, tablet or work of art acquired by the Virginia Museum of Fine Arts or museums operated in conjunction with art or architectural departments at state colleges or universities.

B. Structures and fixtures placed on or extending over state property. No construction or erection of any building or any appurtenant structure of any nature, which is to be placed on or allowed to extend over any property belonging to the Commonwealth, and no construction or erection of any bridge, arch, gate, fence, or other structure or fixture intended primarily for ornamental or memorial purposes, and which is to be paid for, either wholly or in part by appropriation from the state treasury, and, which is to be placed on or allowed to extend over any property belonging to the Commonwealth, shall be begun, unless the design and proposed location thereof shall have been submitted to the Governor and its artistic character approved in writing by him acting with the advice and counsel of the Council, unless the Governor shall have failed to disapprove in writing the design within thirty days after its submission. Furthermore, no existing structure of the kinds named and described in this subsection, owned by the Commonwealth, shall be removed, remodeled or added to, nor shall any appurtenant structure be attached thereto without submission to the Governor and the artistic character of the proposed new structure approved in writing by him acting with the advice and counsel of the Council, unless the Governor shall have failed to disapprove in writing the design within thirty days after its submission.

C. Works of art placed on or extending over state property. No work of art not owned by the Commonwealth shall be placed in or upon or allowed to extend over any property belonging to the Commonwealth for a period of more than two years unless such work of art or a design thereof shall have been submitted to and approved by the Governor acting with the advice and counsel of the Council, provided that nothing in this subsection C shall have application to the Virginia Museum of Fine Arts or museums operated in conjunction with art or architectural departments at state colleges and universities.

D. Pending litigation. Nothing herein shall affect pending litigation.