AN ACT Relating to the Washington state arts commission; amending RCW 43.46.010, 43.46.020, 43.46.030, 43.46.040, 43.46.050, 43.46.070, and 43.131.261; adding a new section to chapter 28A.58 RCW; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 43.17 RCW; adding a new section to chapter 43.46 RCW; repealing RCW 43.46.055, 43.46.080, 43.46.095, 43.17.200, 43.17.205, 43.17.210, 43.19.455, 28A.58.055, 28B.10.025, and 28B.10.027; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. Section 43.46.010, chapter 8, Laws of 1965 and RCW 43.46.010 are each amended to read as follows:

It is hereby declared that the preservation and development of ((~~beauty is~~)) the arts are essential to the progress and growth of the state of Washington. ((The growth and development of the arts provides for the general welfare and is hereby declared to be an appropriate matter of concern to the government of the state of Washington. This growth and development has enabled the state of Washington, although comparatively young in years, to produce many artists and writers of national and international fame.)) Artists, works of art, and arts institutions enhance our culture and contribute to the general welfare. Support for the arts, while primarily a matter of private and local responsibility, is also an appropriate concern to the state government.

Sec. 2. Section 43.46.020, chapter 8, Laws of 1965 as amended by section 3, chapter 125, Laws of 1967 ex. sess. and RCW 43.46.020 are each amended to read as follows:

There is hereby established a Washington state arts commission. The commission shall be composed of ((~~twenty-one~~)) nineteen members appointed by the governor((.)) and two members ((~~shall be members~~)) of the legislature, one ((~~to be~~)) senator appointed ((~~from~~)) by the president of the senate and one ((~~to be~~)) representative appointed ((~~from~~)) by the speaker of the house of representatives. The legislative members so appointed shall be from opposite major political parties. The remaining members shall be appointed representing the various categories of the arts including architecture, painting, sculpture, music, landscape architecture, crafts, literature, graphic arts, theatre arts and dance. The governor shall consider nominations for membership from architectural, art, music, literary and other cultural organizations. Members shall be selected where practicable from the various geographical areas of the state.

Sec. 3. Section 43.46.030, chapter 8, Laws of 1965 as amended by section 4, chapter 125, Laws of 1967 ex. sess. and RCW 43.46.030 are each amended to read as follows:

Initial appointments shall be seven members for one year terms, seven members for two year terms and seven members for three year terms. The office of a legislative member shall become vacant whenever he ceases to be a member of the senate or house of representatives from which he was appointed. Subsequent appointments shall be for three year terms except appointments for vacancies which shall be for unexpired terms. If appointments cannot be made on schedule, members whose terms have expired may continue to serve until their successors are appointed.

Sec. 4. Section 43.46.040, chapter 8, Laws of 1965 and RCW 43.46.040 are each amended to read as follows:

Members of the commission shall serve without compensation but may be paid travel expenses as provided in RCW 43.03.050 and 43.03.060. The commission shall organize, elect a chairman annually, and adopt its own rules and regulations. A majority of its members shall constitute a quorum.

Sec. 5. Section 43.46.050, chapter 8, Laws of 1965 and RCW 43.46.050 are each amended to read as follows:

The legislature intends that the commission shall:

(1) Meet, study, plan, and advise the governor, the various departments of the state, and the state legislature and shall make such recommendations as it deems proper for the ((~~beautification and~~)) cultural development of the state of Washington;

(2) Administer state funds provided by the legislature in support of the arts;

(3) Serve as the sole agency of the state for administration of federal funding in support of the arts;

(4) Administer the visual arts program established under RCW 43.46.090;

(5) Complement, assist, and strengthen arts programs and activities of public agencies and private nonprofit associations to promote the broadest public benefit, while maintaining high artistic standards;

(6) Stimulate and encourage private initiative and financial support in connection with the arts; and

(7) Encourage and give greater opportunities and recognition to individual Washington artists whose work is, or gives promise of being, of high quality.

NEW SECTION. Sec. 6. A new section is added to chapter 43.46 RCW to read as follows:

Within the limits of available funds, the commission may:

(1) Administer arts in education programs to enhance education by bringing artists into schools and other educational settings;

(2) Provide financial assistance to public agencies, private nonprofit associations, or individuals in support of arts programs, projects, or activities that are beneficial to the public;

(3) Develop an honors program for recognition of distinguished artists or other Washington citizens whose creative works or efforts on behalf of the arts merit the official appreciation of the state;

(4) Provide technical assistance on the arts;

(5) Undertake other necessary activities for the conservation and development of the arts.

Sec. 7. Section 43.46.070, chapter 8, Laws of 1965 and RCW 43.46.070 are each amended to read as follows:

The commission shall make ((~~an annual~~)) a biennial report of its proceedings and recommendations to the governor.

NEW SECTION. Sec. 8. A new section is added to chapter 43.17 RCW to read as follows:

Art allocations under RCW 43.17.200 shall amount to one-half of one percent of the estimated net building construction cost. Net building construction costs do not include land, architectural and engineering fees and other costs, site work, contingency, sales tax, equipment, project management, or other capital project cost elements.

NEW SECTION. Sec. 9. A new section is added to chapter 28A.58 RCW to read as follows:

Art allocations under RCW 28A.58.055 shall amount to one-half of one percent of the state matching funds for the net building construction cost. Net building construction costs do not include architectural and engineering fees and other matchable costs, sales tax, equipment, project management, or other capital project cost elements.

NEW SECTION. Sec. 10. A new section is added to chapter 28B.10 RCW to read as follows:

Art allocations under RCW 28B.10.027 shall amount to one-half of one percent of the estimated net building construction cost. Net building construction costs do not include land, architectural and engineering fees and other costs, site work, contingency, sales tax, equipment, project management, or other capital project cost elements.

NEW SECTION. Sec. 11. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 125, Laws of 1967 ex. sess. and RCW 43.46.055; and

(2) Section 43.46.080, chapter 8, Laws of 1965 and RCW 43.46.080.

Sec. 12. Section 4, chapter 197, Laws of 1983 and RCW 43.131.261 are each amended to read as follows:

The state arts commission and its powers and duties shall be terminated on June 30, ((~~1985~~)) 1991, as provided in RCW 43.131.262.

Sec. 13. Section 30, chapter 197, Laws of 1983 and RCW 43.131.262 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((~~1986~~)) 1992:

(1) Section 43.46.010, chapter 8, Laws of 1965, section 1 of this 1985 act and RCW 43.46.010;

(2) Section 43.46.020, chapter 8, Laws of 1965, section 3, chapter 125, Laws of 1967 ex. sess., section 2 of this 1985 act and RCW 43.46.020;

(3) Section 43.46.030, chapter 8, Laws of 1965, section 4, chapter 125, Laws of 1967 ex. sess., section 3 of this 1985 act and RCW 43.46.030;

(4) Section 43.46.040, chapter 8, Laws of 1965, section 4 of this 1985 act and RCW 43.46.040;

(5) Section 2, chapter 125, Laws of 1967 ex. sess. and RCW 43.46.045;

(6) Section 43.46.050, chapter 8, Laws of 1965, section 5 of this 1985 act and RCW 43.46.050;

(7) ((~~Section 1, chapter 125, Laws of 1967 ex. sess. and RCW 43.46.055~~)) Section 6 of this 1985 act and RCW 43.46....;

(8) Section 43.46.060, chapter 8, Laws of 1965 and RCW 43.46.060;

(9) Section 43.46.070, chapter 8, Laws of 1965, section 7 of this 1985 act and RCW 43.46.070;

(10) ((~~Section 43.46.080, chapter 8, Laws of 1965 and RCW 43.46.080; and~~

~~(11)~~)) Section 1, chapter 176, Laws of 1974 ex. sess., section 1, chapter 204, Laws of 1983 and RCW 43.46.090;

(11) Section 2, chapter 204, Laws of 1983 and RCW 43.46.095;

(12) Section 2, chapter 176, Laws of 1974 ex. sess., section 4, chapter 204, Laws of 1983 and RCW 43.17.200;

(13) Section 8 of this 1985 act and RCW 43.17....;

(14) Section 3, chapter 204, Laws of 1983 and RCW 43.17.205;

(15) Section 5, chapter 204, Laws of 1983 and RCW 43.17.210;

(16) Section 3, chapter 176, Laws of 1974 ex. sess., section 6, chapter 204, Laws of 1983 and RCW 43.19.455;

(17) Section 5, chapter 176, Laws of 1974 ex. sess., section 2, chapter 191, Laws of 1982, section 7, chapter 204, Laws of 1983 and RCW 28A.58.055;

(18) Section 9 of this 1985 act and RCW 28A.58....;

(19) Section 4, chapter 176, Laws of 1974 ex. sess., section 8, chapter 169, Laws of 1977 ex. sess., section 8, chapter 204, Laws of 1983 and RCW 28B.10.025;

(20) Section 9, chapter 204, Laws of 1983 and RCW 28B.10.027; and

(21) Section 10 of this 1985 act and RCW 28B.10.....

NEW SECTION. Sec. 14. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 15. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985.