S-0138.2  _______________________________________________

                         SENATE BILL 5097

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Haugen, Honeyford, Gardner, Patterson, Bauer, Rasmussen, McCaslin, Hale, Sellar, Benton, Swecker, Winsley, Eide, Prentice and Roach

Read first time 01/13/1999.  Referred to Committee on State & Local Government.

Transferring the office of archaeology and historic preservation from the department of community, trade, and economic development to the office of the secretary of state.

    AN ACT Relating to the office of archaeology and historic preservation; amending RCW 27.34.020, 27.34.210, 27.34.220, 27.34.230, 27.34.240, 27.34.270, 27.34.280, 27.34.310, and 88.02.053; and creating a new section.

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

    Sec. 1.  RCW 27.34.020 and 1995 c 399 s 13 are each amended to read as follows:

    Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter:

    (1) "Advisory council" means the advisory council on historic preservation.

    (2) (("Department" means the department of community, trade, and economic development.

    (3) "Director" means the director of community, trade, and economic development.

    (4))) "Federal act" means the national historic preservation act of 1966 (Public Law 89-655; 80 Stat. 915).

    (((5))) (3) "Heritage council" means the Washington state heritage council.

    (((6))) (4) "Historic preservation" includes the protection, rehabilitation, restoration, identification, scientific excavation, and reconstruction of districts, sites, buildings, structures, and objects significant in American and Washington state history, architecture, archaeology, or culture.

    (((7))) (5) "Office" means the office of archaeology and historic preservation ((within the department)).

    (((8))) (6) "Preservation officer" means the state historic preservation officer as provided for in RCW 27.34.210.

    (((9))) (7) "Project" means programs leading to the preservation for public benefit of historical properties, whether by state and local governments or other public bodies, or private organizations or individuals, including the acquisition of title or interests in, and the development of, any district, site, building, structure, or object that is significant in American and Washington state history, architecture, archaeology, or culture, and property used in connection therewith, or for its development.

    (((10))) (8) "State historical agencies" means the state historical societies and the office of archaeology and historic preservation ((within the department)).

    (((11))) (9) "State historical societies" means the Washington state historical society and the eastern Washington state historical society.

    (((12))) (10) "Cultural resource management plan" means a comprehensive plan which identifies and organizes information on the state of Washington's historic, archaeological, and architectural resources into a set of management criteria, and which is to be used for producing reliable decisions, recommendations, and advice relative to the identification, evaluation, and protection of these resources.

    Sec. 2.  RCW 27.34.210 and 1995 c 399 s 14 are each amended to read as follows:

    There is hereby established the office of archaeology and historic preservation ((within the department)).

    The ((director)) governor shall appoint the preservation officer ((to)) from a list of five candidates proposed by the secretary of state.  The historic preservation officer shall assist the ((director)) secretary of state in implementing this chapter.  The preservation officer shall have a background in program administration, an active involvement in historic preservation, and a knowledge of the national, state, and local preservation programs as they affect the state of Washington.

    Sec. 3.  RCW 27.34.220 and 1997 c 145 s 1 are each amended to read as follows:

    The ((director or the director's)) secretary of state or the secretary of state's designee is authorized:

    (1) To promulgate and maintain the Washington heritage register of districts, sites, buildings, structures, and objects significant in American or Washington state history, architecture, archaeology, and culture, and to prepare comprehensive state-wide historic surveys and plans and research and evaluation of surveyed resources for the preparation of nominations to the Washington heritage register and the national register of historic places, in accordance with criteria approved by the advisory council established under RCW 27.34.250.  Nominations to the national register of historic places shall comply with any standards and regulations promulgated by the United States secretary of the interior for the preservation, acquisition, and development of such properties.  Nominations to the Washington heritage register shall comply with rules adopted under this chapter.

    (2) To establish a program of matching grants-in-aid to public agencies, public or private organizations, or individuals for projects having as their purpose the preservation for public benefit of properties that are significant in American or Washington state history, architecture, archaeology, and culture.

    (3) To promote historic preservation efforts throughout the state, including private efforts and those of city, county, and state agencies.

    (4) To enhance the effectiveness of the state preservation program through the initiation of legislation, the use of varied funding sources, the creation of special purpose programs, and contact with state, county, and city officials, civic groups, and professionals.

    (5) To spend funds, subject to legislative appropriation and the availability of funds, where necessary to assist the Indian tribes of Washington state in removing prehistoric human remains for scientific examination and reburial, if the human remains have been unearthed inadvertently or through vandalism and if no other public agency is legally responsible for their preservation.

    (6) To consult with the governor and the legislature on issues relating to the conservation of the man-made environment and their impact on the well-being of the state and its citizens.

    (7) To charge fees for professional and clerical services provided by the office.

    (8) To adopt such rules, in accordance with chapter 34.05 RCW, as are necessary to carry out RCW 27.34.200 through 27.34.280.

    Sec. 4.  RCW 27.34.230 and 1986 c 266 s 12 are each amended to read as follows:

    The ((director or the director's)) secretary of state or the secretary of state's designee shall:

    (1) Submit the budget requests for the office to the heritage council for review and comment;

    (2) Receive, administer, and disburse such gifts, grants, and endowments from private sources as may be made in trust or otherwise for the purposes of RCW 27.34.200 through ((27.34.290)) 27.34.320 or the federal act; and

    (3) Develop and implement a cultural resource management plan.

    Sec. 5.  RCW 27.34.240 and 1986 c 266 s 13 are each amended to read as follows:

    The amounts made available for grants to the public agencies, public or private organizations, or individuals for projects for each fiscal year shall be apportioned among program applicants by the ((director or the director's)) secretary of state or the secretary of state's designee, with the advice of the preservation officer, in accordance with needs as contained in state-wide archaeology and historic preservation plans developed by the ((department)) office of the secretary of state.

    Sec. 6.  RCW 27.34.270 and 1997 c 145 s 2 are each amended to read as follows:

    The advisory council shall:

    (1) Advise the governor and the ((department)) office of the secretary of state on matters relating to historic preservation; recommend measures to coordinate activities of state and local agencies, private institutions, and individuals relating to historic preservation; and advise on the dissemination of information pertaining to such activities; and

    (2) Review and recommend nominations for the national register of historic places to the preservation officer and the ((director)) secretary of state.

    Sec. 7.  RCW 27.34.280 and 1986 c 266 s 15 are each amended to read as follows:

    The ((department)) office of the secretary of state shall provide administrative and financial services to the advisory council on historic preservation and to the Washington state heritage council.

    Sec. 8.  RCW 27.34.310 and 1995 c 399 s 15 are each amended to read as follows:

    Unless the context clearly requires otherwise, the following definitions apply throughout RCW 27.34.320.

    (1) "Agency" means the state agency, department, or institution that has ownership of historic property.

    (2) "Historic properties" means those buildings, sites, objects, structures, and districts that are listed in or eligible for listing in the National Register of Historic Places.

    (3) "Office" means the office of archaeology and historic preservation ((within the department of community, trade, and economic development)).

    Sec. 9.  RCW 88.02.053 and 1996 c 3 s 2 are each amended to read as follows:

    (1) The maritime historic restoration and preservation account is created in the custody of the state treasurer.  All receipts from the voluntary donations made simultaneously with the registration of vessels under chapter 88.02 RCW shall be deposited into this account.  These deposits are not public funds and are not subject to allotment procedures under chapter 43.88 RCW.

    (2) At the end of each fiscal year, the state treasurer shall pay from this account to the department of licensing an amount equal to the reasonable administrative expenses of that agency for that fiscal year for collecting the voluntary donations and transmitting them to the state treasurer and shall pay to the state treasurer an amount equal to the reasonable administrative expenses of that agency for that fiscal year for maintaining the account and disbursing funds from the account.

    (3) At the end of each fiscal year, the state treasurer shall pay one-half of the balance of the funds in the account after payment of the administrative costs provided in subsection (2) of this section, to the Grays Harbor historical seaport or its corporate successor and the remainder to the Steamer Virginia V foundation or its corporate successor.

    (4) If either the Grays Harbor historical seaport and its corporate successors or the Steamer Virginia V foundation and its corporate successors legally ceases to exist, the state treasurer shall, at the end of each fiscal year, pay the balance of the funds in the account to the remaining organization.

    (5) If both the Grays Harbor historical seaport and its corporate successors and the Steamer Virginia V foundation and its corporate successors legally cease to exist, the department of licensing shall discontinue the collection of the voluntary donations in conjunction with the registration of vessels under RCW 88.02.052, and the balance of the funds in the account escheat to the state.  If funds in the account escheat to the state, one-half of the fund balance shall be provided to the office of archaeology and historic preservation and the remainder shall be deposited into the parks renewal and stewardship account.

    (6) The secretary of state, the directors of the state historical societies, the ((director)) preservation officer of the office of archaeology and historic preservation ((within the department of community, trade, and economic development)), and two members representing the recreational boating community appointed by the secretary of state, shall review the success of the voluntary donation program for maritime historic restoration and preservation established under RCW 88.02.052 and report their findings to the appropriate legislative committees by January 31, 1998.  The findings must include the progress of the program and the potential to expand the voluntary funding to other historic vessels.

NEW SECTION. Sec. 10.  (1) All powers, duties, and functions of the department of community, trade, and economic development pertaining to the office of archaeology and historic preservation are transferred to the office of the secretary of state.  All references to the director or the department of community, trade, and economic development in the Revised Code of Washington shall be construed to mean the secretary of state when referring to the functions transferred in this section.

    (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of the secretary of state.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of community, trade, and economic development in carrying out the powers, functions, and duties transferred shall be made available to the office of the secretary of state.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of the secretary of state.

    (b) Any appropriations made to the department of community, trade, and economic development for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the office of the secretary of state.

    (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

    (3) All employees of the department of community, trade, and economic development engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of the secretary of state.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of the secretary of state to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

    (4) All rules and all pending business before the department of community, trade, and economic development pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of the secretary of state. All existing contracts and obligations shall remain in full force and shall be performed by the office of the secretary of state.

    (5) The transfer of the powers, duties, functions, and personnel of the department of community, trade, and economic development shall not affect the validity of any act performed before the effective date of this section.

    (6) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

    (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

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