Z-695                 _______________________________________________

 

                                                   SENATE BILL NO. 4317

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senators Williams, Bluechel, Kreidler, von Reichbauer, Goltz and Zimmerman; by 1989 Washington Centennial Commission request

 

 

Read first time 2/8/85 and referred to Committee on Governmental Operations.

 

 


AN ACT Relating to the celebration of the 1989 centennial of Washington statehood; making appropriations; providing an effective date; and declaring an emergency.

 

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

 

          NEW SECTION.  Sec. 1.     The legislature finds and declares that the observance of the state's centennial is a fitting occasion for the celebration of the heritage of the peoples of Washington and for preparation of the state for the challenges and opportunities of the coming century of the Pacific.  To these ends, the legislature encourages the preservation and the use of the historic structures of the state of Washington; the protection and examination of the sites of prehistoric and early historic settlements within the state; the development and maintenance of suitable facilities for the preservation, interpretation, and display of documents, historical and cultural artifacts, and exhibits; the establishment of community centennial centers which act as economic catalysts to support the vitality and growth of the communities of the state; and the development of facilities based on the heritage of the state which promote tourism and economic development.  The establishment of a procedure for providing and stimulating the necessary financial and community commitments to these goals is a suitable observation of the centennial of Washington's statehood.

 

          NEW SECTION.  Sec. 2.     Unless the context clearly requires to the contrary, the definitions in this section apply throughout this chapter.

          (1) "Appropriate rules" means rules adopted to implement the provisions of this chapter consistent with the general policies of the centennial commission and pursuant to the administrative procedure act, chapter 34.04 RCW, by the named agency.

          (2) "Centennial commission" means the 1989 Washington centennial commission.

          (3) "The century of the  Pacific" means the period of time commencing with the effective date of this act and ending on December 31, 2089.

          (4) "Community centennial centers" means museums, libraries, theaters, parks, civic and recreational facilities (including sports facilities), interpretive sites, and other community facilities open to the public and providing opportunities for productive activities including but not limited to the enjoyment, study, investigation, promotion, or exercise of intellectual, artistic, and athletic abilities.

          (5) "Facilities for the preservation, interpretation, and display of documents, historical and cultural artifacts, and exhibits" means permanent buildings or portions thereof dedicated to the care or exhibition of documents or objects related to the history, development, and characteristics of the peoples of the state under the direction and control of competent governmental or private nonprofit historical or cultural organizations.

          (6) "Historic structures" means properties, sites, buildings, districts, machines, ships, aircraft, railway equipment, or other personal property eligible for or listed on the national register of historic places or the state register of historic places or designated by a certified local landmarks agency.

          (7) "Local centennial committee" means a committee designated by a county legislative authority as generally representative of the incorporated cities, ethnic and minority peoples, historic organizations, and public at large of its county for the purposes of reviewing, planning, and developing projects and activities in connection with the observance of the centennial of statehood and recognized for these purposes by the centennial commission.

          (8) "Sites of prehistoric and early historic settlements" means locations registered by the Washington archaeological research center as containing significant remains of settlement by prehistoric, native, or pioneer persons.

          (9) "Public body" means the state, any agency, political subdivision, taxing district, or municipal corporation thereof, and any recognized Indian tribe or band.

 

 

          NEW SECTION.  Sec. 3.     For the purpose of financing the planning, acquisition, construction, renovation, improvement, and equipping of facilities, sites, and institutions for the protection, preservation, and interpretation of the historic sites and artifacts of the peoples of the state, for the acquisition of artifacts important in or illustrative of that history, and for the housing of community activities and collections, especially those related to the celebration and commemoration of the 1989 centennial of Washington statehood, and to celebrate the state's historic relationships with Pacific nations and its key role in the new century of the Pacific, the state finance committee is authorized to issue and sell general obligation bonds of the state of Washington in the sum of one hundred fifty-two million dollars, or so much thereof as may be required, to finance the projects described in this section and all costs incidental thereto.  No bonds authorized in this section shall be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds.

 

          NEW SECTION.  Sec. 4.     The proceeds from the sale of the bonds authorized in section 3 of this act shall be deposited in the centennial capital projects account hereby created in the general fund and shall be used exclusively for the purposes specified in this chapter, the administrative expenses associated therewith, and for the payment of expenses incurred in the issuance and sale of the bonds.

 

          NEW SECTION.  Sec. 5.     Subject to legislative appropriation, the proceeds of the sale of bonds deposited under section 4 of this act in the centennial capital projects account shall be allocated as provided in this section.

          (1) For community centennial centers, fifty million dollars shall be distributed to eligible projects by the department of community development according to the terms of this subsection, appropriate rules, and legislative appropriation.  No more than forty percent of the total cost of any eligible project under this subsection may be paid with proceeds from the bonds authorized under this chapter.  However, fifty percent of the total project cost may be paid if the project is certified by the centennial commission as contributing to the commission's plans for the centennial celebration.  All eligible projects shall be recommended by local centennial committees after public hearings and provide for the construction, restoration, rehabilitation, or adaptive reuse of a community centennial center.  The county legislative authority shall submit to the department of community development an application describing the eligible projects within the county, as recommended by the county legislative authority.  After approval under this chapter, the department of community development shall allocate the moneys directly to the eligible projects.  The moneys distributed within each county shall not exceed the greater of one hundred fifty thousand dollars or the county's pro rata share based on the total population of the state.  The agency may allocate to eligible projects in other counties any moneys to which a given county is entitled for which no application is made.  No single project in a class AA county is eligible for more than twenty-five percent of the county's total distribution of bond proceeds under this subsection.

          (2) For archaeology, ten million dollars shall be distributed to eligible projects by the Washington archaeological research center according to the terms of this subsection, appropriate rules, and legislative appropriation.  Eligible projects include:

          (a) The construction or adaptation of suitable facilities for the preservation and scientific examination of archaeological artifacts.  At least twenty percent of the funds expended for such facilities shall be used for facilities that promote public access to and understanding of the artifacts.  Facilities shall be so planned and developed that artifacts can be preserved and examined no more than two hundred miles from the point of their acquisition or excavation.

          (b) The creation or enhancement of facilities for the display, interpretation, and examination of exhibits and artifacts illustrative of the prehistoric and early historic settlements of the state.  No more than fifteen percent of the funds expended for this purpose may be dedicated to any one project.

          (c)  The acquisition (including the acquisition of protective and excavation easements or covenants), protection, and investigation (including archaeological excavation) of sites of significance to the understanding of the prehistoric and early historic settlements of the state.  No more than one million dollars or fifteen percent of the funds expended for this purpose, whichever is larger, may be dedicated to any one site.

          (3) For historic museums, twenty million dollars shall be distributed to eligible projects by the state heritage council according to the terms of this subsection, appropriate rules, and legislative appropriation.  Eligible projects include:

          (a) A museum challenge program to support expansion of existing facilities or the construction of new facilities for the conservation, display, and interpretation of the heritage resources of the state.  No more than one-third of the total cost of any project may be paid from the proceeds of the bonds.  No more than twenty percent of the funds expended for this purpose may be dedicated to any one project.

          (b) A small museums assistance program to meet critical facility needs at small museums throughout the state, upon the recommendation of the appropriate county legislative or Indian tribal authority and a state-wide advisory council representative of the museums eligible for assistance under this subsection (3)(b).  No more than one-half of the total cost of any project shall be paid from the proceeds of the bonds.  The moneys distributed  within each county shall not exceed the greater of fifty thousand dollars or the county's pro rata share based on the total population of the state.  The agency may allocate to eligible projects in other counties any moneys to which a given county is entitled for which no application is made.

          (c) The acquisition, conservation, and display of significant artifacts, including documents, works or art, and indigenous crafts, representative of the heritage of the peoples of the state, by museums and educational institutions that possess the facilities and programs, as defined by rule, suitable for such artifacts.  No more than one-fourth of the total cost of any such project may be paid from the proceeds of the bonds.  No more than one percent of the maximum available for this purpose may be expended on any one project.

          (4) For centennial partnership projects, fifty-two million dollars shall be distributed to eligible projects by the centennial partnership corporation according to the terms of this subsection, appropriate rules, and legislative appropriation.  Eligible projects include:

          (a) The design, construction, rehabilitation, or acquisition of real property, facilities, artifacts, and equipment for Fort Walla Walla, in Walla Walla county.  No more than eight hundred thousand dollars may be spent for this project.

          (b) The design, construction, rehabilitation, or acquisition of real property, facilities, artifacts, and equipment for the International Agricultural Trade Center, in Spokane county.  No more than nine million one hundred thousand dollars may be spent for this project.

          (c) The design, construction, rehabilitation, or acquisition of real property, facilities, artifacts, and equipment for Tall Timber Country, in Pierce county.  No more than twelve million six hundred thousand dollars may be spent for this project.

          (d) The design, construction, rehabilitation, or acquisition of real property, facilities, artifacts, and equipment for the Museum of Flight, in King county.  No more than seventeen million dollars may be spent for this project.

          (e) The design, construction, rehabilitation, or acquisition of real property, facilities, artifacts, and equipment for Northwest Seaport, including the Center for Wooden Boats, in King county.  No more than twelve million five hundred thousand dollars may be spent for this project.

          (5) For historic structures, twenty million dollars shall be distributed to eligible projects by the office of archaeology and historic preservation according to the terms of this subsection, appropriate rules, and legislative appropriation.  Eligible projects include:

          (a) The acquisition of significant historic structures upon the application of and for the benefit of appropriate public bodies.  An application shall not be approved unless it includes an unconditional commitment on the part of the applicant to the preservation and maintenance of the property as a historic site.  No more than one-half of the total cost of any acquisition may be paid from the proceeds of the bonds.  No more than one-fiftieth of the funds available for this purpose may be expended in any one county until all counties in the state have been allocated at least one-fiftieth of the funds or the amount of their request, whichever is smaller, have indicated by vote of the county legislative authority that no application will be made, or have failed for at least ninety days to file application as provided by rule of the office of archaeology and historic preservation.

          (b) The endangered structures revolving fund, which is hereby created in the custody of the state treasurer.  Moneys in the fund may be spent exclusively to acquire, maintain, repair, or rehabilitate historic structures and resell the structure under appropriate rules, subject to protective covenants or easements, with the proceeds retained for further such use in the revolving fund.  Disbursements from the fund shall be on authorization of the office of archaeology and historic preservation; no appropriation is required for disbursements from the fund.  The deposit of bond proceeds into the fund is subject to the approval process described in section 6 of this act.  Expenditures from the fund may be made without approval under section 6 of this act.

          (c) Grants or contracts for the enhancement of historic structures subject to appropriate covenants or easements.  No more than fifteen percent of the moneys available for this purpose may be expended on any one project.  The office of archaeology and historic preservation shall adopt rules requiring the recapture by the office of at least the amount of the assistance in the event of a sale by any owner of an assisted property, reduced by twenty percent for each calendar year following the completion of the project.  Funds shall be distributed insofar as possible in proportion to the volume of eligible properties found in each county of the state.  Any funds recaptured by the office under this subsection shall be deposited in the endangered structures revolving fund.

          (d) A state-wide program of markers identifying historic structures and historic sites, upon application of public bodies and with the concurrence of an appropriate group of local historians.  At least one million dollars shall be expended for this purpose.

 

          NEW SECTION.  Sec. 6.     (1) No expenditure of funds shall be allowed for the purposes of this chapter which has not been submitted to the legislature in a capital budget document or schedule as specified in RCW 43.88.030(3), and which have not been approved through a capital allocation by statute.  However, if an expenditure is submitted for approval between April 1 and September 30 and the legislature is not in session, approval may be made by resolution of the committees on ways and means of the senate and house of representatives.  A project expenditure shall not be approved by the committees on ways and means unless the named agency certifies that the project is ready to proceed.

          (2) In order to assure compliance with this chapter, the document submitted under subsection (1) of this section shall indicate the distribution formula required by the applicable provisions of this chapter and provide such data as are necessary as to assure that the terms of that distribution formula are complied with by the recommended distribution of moneys.

 

          NEW SECTION.  Sec. 7.     The state general obligation bond retirement fund shall be used for the payment of the principal of and interest on the bonds authorized in section 3 of this act.

          The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements.  Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the general obligation bond retirement fund an amount equal to the amount certified by the state finance committee to be due on the payment date.

          Bonds issued under section 3 of this act shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due.

          The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section.

 

          NEW SECTION.  Sec. 8.     The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in section 3 of this act, and section 7 of this act shall not be deemed to provide an exclusive method for the payment.

 

          NEW SECTION.  Sec. 9.     The bonds authorized  in section 3 of this act shall be a legal investment for all state funds or funds under state control and for all funds of any other public body.

 

          NEW SECTION.  Sec. 10.    This chapter may be cited as the centennial capital projects act of 1985.

 

          NEW SECTION.  Sec. 11.    For the purposes of this act, the specified sums, or so much thereof as may be necessary, are appropriated to the following agencies from the centennial capital projects account in the general fund for the biennium ending June 30, 1987:

          (1) To the department of community development, fifty million dollars;

          (2) To the Washington archaeological research center, ten million dollars;

          (3) To the Washington state heritage council, twenty million dollars;

          (4) To the centennial partnership corporation, fifty-two million dollars; and

          (5) To the office of archaeology and historic preservation, twenty million dollars.

 

          NEW SECTION.  Sec. 12.    Sections 1 through 10 of this act are each added to chapter 27.60 RCW.

 

          NEW SECTION.  Sec. 13.    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. 14.    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.