1135-S.E

AN ACT Relating to acquisition of public art; amending RCW 43.17.200, 28B.10.025, 43.17.205, 43.17.210, and 43.19.455; and repealing RCW 28A.335.210.

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

Sec. 1. RCW 43.17.200 and 1983 c 204 s 4 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, all state agencies including all state departments, boards, councils, commissions, and quasi public corporations shall allocate, as a nondeductible item, out of any moneys appropriated for the original construction of any public building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art created by Washington state artists. The works of art may be placed on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. In addition to the cost of the works of art the one-half of one percent of the appropriation as provided herein shall be used to provide for the administration of the visual arts program by the Washington state arts commission and all costs for installation of the works of art. For the purpose of this section building shall not include highway construction sheds, warehouses, or other buildings of a temporary nature.

(2) Subsection (1) of this section shall not apply to the construction of any facility under the control of the department of corrections and used for the incarceration, treatment, or rehabilitation of convicted persons, or any facility under the control of the department of social and health services and used for juvenile rehabilitation.

NEW SECTION. Sec. 2. RCW 28A.335.210 and 1983 c 204 s 7, 1982 c 191 s 2, & 1974 ex.s. c 176 s 5 are each repealed.

Sec. 3. RCW 28B.10.025 and 1990 c 33 s 557 are each amended to read as follows:

The Washington state arts commission shall, in consultation with the boards of regents of the University of Washington and Washington State University and with the boards of trustees of the regional universities, The Evergreen State College, and the community college districts, determine the amount to be made available for the purchases of art under RCW 28B.10.027, and payment therefor shall be made in accordance with law. The designation of projects and sites, the selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the board of regents or trustees. However, the costs to carry out the Washington state arts commission's responsibility for maintenance shall not be funded from the moneys referred to under this section((,)) or RCW 43.17.200((,)) or 43.19.455, ((~~or 28A.335.210,~~)) but shall be contingent upon adequate appropriations being made for that purpose.

Sec. 4. RCW 43.17.205 and 1990 c 33 s 574 are each amended to read as follows:

The funds allocated under RCW 43.17.200((~~, 28A.335.210,~~)) and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission when the particular law providing for the appropriation becomes effective. For appropriations which are dependent upon the sale of bonds, the amount or proportionate amount of the moneys under RCW 43.17.200((~~, 28A.335.210,~~)) and 28B.10.025 shall be subject to interagency reimbursement for expenditure by the visual arts program of the Washington state arts commission thirty days after the sale of a bond or bonds.

Sec. 5. RCW 43.17.210 and 1990 c 33 s 575 are each amended to read as follows:

The Washington state arts commission shall determine the amount to be made available for the purchase of art in consultation with the agency, except where another person or agency is specified under RCW 43.19.455((~~, 28A.335.210,~~)) or 28B.10.025, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the directors of the state agencies. However, the costs to carry out the Washington state arts commission's responsibility for maintenance shall not be funded from the moneys referred to in RCW 43.17.200, 43.19.455, ((~~28A.335.210,~~)) or 28B.10.025, but shall be contingent upon adequate appropriations being made for that purpose.

Sec. 6. RCW 43.19.455 and 1990 c 33 s 576 are each amended to read as follows:

Except as provided under RCW 43.17.210, the Washington state arts commission shall determine the amount to be made available for the purchase of art under RCW 43.17.200 in consultation with the director of general administration, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the director of general administration. However, the costs to carry out the Washington state arts commission's responsibility for maintenance shall not be funded from the moneys referred to under this section((,)) or RCW 43.17.200((~~, 28A.335.210,~~)) or 28B.10.025, but shall be contingent upon adequate appropriations being made for that purpose.