Passed by the House April 18, 2005 Yeas 95   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 13, 2005 Yeas 47   ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1995 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/02/05.
AN ACT Relating to stewardship of state capitol public and historic facilities; amending RCW 43.01.090, 43.19.500, and 79.24.087; and adding new sections to chapter 79.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 79.24 RCW
to read as follows:
The legislature finds that the historic facilities of the
Washington state capitol are the most important public facilities in
the state. They are a source of beauty and pride, a resource for
celebrating our heritage and democratic ideals, and an exceptional
educational resource. The public and historic facilities of the state
capitol campus should be managed and maintained to the highest
standards of excellence, model the best of historic preservation
practice, and maximize opportunities for public access and enjoyment.
The purpose of this act is to provide authority and direction for the
care and stewardship of the public and historic facilities of the state
capitol, to facilitate public access, use, and enjoyment of these
assets, and to carefully preserve them for the benefit of future
generations.
NEW SECTION. Sec. 2 A new section is added to chapter 79.24 RCW
to read as follows:
For the purposes of sections 3 and 4 of this act, and RCW
43.01.090, 43.19.500, and 79.24.087, "state capitol public and historic
facilities" includes:
(1) The east, west and north capitol campus grounds, Sylvester
park, Heritage park, Marathon park, Centennial park, the Deschutes
river basin commonly known as Capitol lake, the interpretive center,
Deschutes parkway, and the landscape, memorials, artwork, fountains,
streets, sidewalks, lighting, and infrastructure in each of these areas
not including state-owned aquatic lands in these areas managed by the
department of natural resources under RCW 79.90.450;
(2) The public spaces and the historic interior and exterior
elements of the following buildings: The visitor center, the
Governor's mansion, the legislative building, the John L. O'Brien
building, the Cherberg building, the Newhouse building, the Pritchard
building, the temple of justice, the insurance building, the Dolliver
building, capitol court, and the old capitol buildings, including the
historic state-owned furnishings and works of art commissioned for or
original to these buildings; and
(3) Other facilities or elements of facilities as determined by the
state capitol committee, in consultation with the department of general
administration.
NEW SECTION. Sec. 3 A new section is added to chapter 79.24 RCW
to read as follows:
The department of general administration is responsible for the
stewardship, preservation, operation, and maintenance of the public and
historic facilities of the state capitol, subject to the policy
direction of the state capitol committee and the legislative buildings
committee as created in chapter . . . (House Bill No. 1301), Laws of
2005, and the guidance of the capitol campus design advisory committee.
In administering this responsibility, the department shall:
(1) Apply the United States secretary of the interior's standards
for the treatment of historic properties;
(2) Seek to balance the functional requirements of state government
operations with public access and the long-term preservation needs of
the properties themselves; and
(3) Consult with the capitol furnishings preservation committee,
the state historic preservation officer, the state arts commission, and
the state facilities accessibility advisory committee in fulfilling the
responsibilities provided for in this section.
NEW SECTION. Sec. 4 A new section is added to chapter 79.24 RCW
to read as follows:
(1) To provide for responsible stewardship of the state capitol
public and historic facilities, funding for:
(a) Maintenance and operational needs shall be authorized in the
state's omnibus appropriations act and funded by the general
administration services account as provided under RCW 43.19.500;
(b) Development and preservation needs shall be authorized in the
state's capital budget. To the extent revenue is available, the
capitol building construction account under RCW 79.24.087 shall fund
capital budget needs. If capitol building construction account funds
are not available, the state building construction account funds may be
authorized for this purpose.
(2) The department of general administration may seek grants,
gifts, or donations to support the stewardship of state capitol public
and historic facilities. The department may: (a) Purchase historic
state capitol furnishings or artifacts; or (b) sell historic state
capitol furnishings and artifacts that have been designated as state
surplus by the capitol furnishings preservation committee under RCW
27.48.040(6). Funds generated from grants, gifts, donations, or sales
for omnibus appropriations act needs shall be deposited into the
general administration services account. Funds generated for capital
budget needs shall be deposited into the capitol building construction
account.
Sec. 5 RCW 43.01.090 and 2002 c 162 s 1 are each amended to read
as follows:
The director of general administration may assess a charge or rent
against each state board, commission, agency, office, department,
activity, or other occupant or user for payment of a proportionate
share of costs for occupancy of buildings, structures, or facilities
including but not limited to all costs of acquiring, constructing,
operating, and maintaining such buildings, structures, or facilities
and the repair, remodeling, or furnishing thereof and for the rendering
of any service or the furnishing or providing of any supplies,
equipment, historic furnishings, or materials.
The director of general administration may recover the full costs
including appropriate overhead charges of the foregoing by periodic
billings as determined by the director including but not limited to
transfers upon accounts and advancements into the general
administration services account. Charges related to the rendering of
real estate services under RCW 43.82.010 and to the operation ((of
nonassigned public spaces in Thurston county)) and maintenance of
public and historic facilities at the state capitol, as defined in
section 2 of this act, shall be allocated separately from other charges
assessed under this section. Rates shall be established by the
director of general administration after consultation with the director
of financial management. The director of general administration may
allot, provide, or furnish any of such facilities, structures,
services, equipment, supplies, or materials to any other public service
type occupant or user at such rates or charges as are equitable and
reasonably reflect the actual costs of the services provided:
PROVIDED, HOWEVER, That the legislature, its duly constituted
committees, interim committees and other committees shall be exempted
from the provisions of this section.
Upon receipt of such bill, each entity, occupant, or user shall
cause a warrant or check in the amount thereof to be drawn in favor of
the department of general administration which shall be deposited in
the state treasury to the credit of the general administration services
account unless the director of financial management has authorized
another method for payment of costs.
Beginning July 1, 1995, the director of general administration
shall assess a capital projects surcharge upon each agency or other
user occupying a facility owned and managed by the department of
general administration in Thurston county, excluding state capitol
public and historic facilities, as defined in section 2 of this act.
The capital projects surcharge does not apply to agencies or users that
agree to pay all future repairs, improvements, and renovations to the
buildings they occupy and a proportional share, as determined by the
office of financial management, of all other campus repairs,
installations, improvements, and renovations that provide a benefit to
the buildings they occupy or that have an agreement with the department
of general administration that contains a charge for a similar purpose,
including but not limited to RCW 43.01.091, in an amount greater than
the capital projects surcharge. Beginning July 1, 2002, the capital
projects surcharge does not apply to department of services for the
blind vendors who operate cafeteria services in facilities owned and
managed by the department of general administration; the department
shall consider this space to be a common area for purposes of
allocating the capital projects surcharge to other building tenants
beginning July 1, 2003. The director, after consultation with the
director of financial management, shall adopt differential capital
project surcharge rates to reflect the differences in facility type and
quality. The initial payment structure for this surcharge shall be one
dollar per square foot per year. The surcharge shall increase over
time to an amount that when combined with the facilities and service
charge equals the market rate for similar types of lease space in the
area or equals five dollars per square foot per year, whichever is
less. The capital projects surcharge shall be in addition to other
charges assessed under this section. Proceeds from the capital
projects surcharge shall be deposited into the Thurston county capital
facilities account created in RCW 43.19.501.
Sec. 6 RCW 43.19.500 and 1998 c 105 s 9 are each amended to read
as follows:
The general administration services account shall be used by the
department of general administration for the payment of certain costs,
expenses, and charges, as specified in this section, incurred by it in
the operation and administration of the department in the rendering of
services, the furnishing or supplying of equipment, supplies and
materials, and for providing or allocating facilities, including the
operation, maintenance, rehabilitation, or furnishings thereof to other
agencies, offices, departments, activities, and other entities
enumerated in RCW 43.01.090 and including the rendering of services in
acquiring real estate under RCW 43.82.010 and the operation and
maintenance of ((nonassigned public spaces in Thurston county)) public
and historic facilities at the state capitol, as defined in section 2
of this act. The department shall treat the rendering of services in
acquiring real estate and the operation and maintenance of
((nonassigned public spaces)) state capitol public and historic
facilities as separate operating entities within the account for
financial accounting and control.
The schedule of services, facilities, equipment, supplies,
materials, maintenance, rehabilitation, furnishings, operations, and
administration to be so financed and recovered shall be determined
jointly by the director of general administration and the director of
financial management, in equitable amounts which, together with any
other income or appropriation, will provide the department of general
administration with funds to meet its anticipated expenditures during
any allotment period.
The director of general administration may adopt rules governing
the provisions of RCW 43.01.090 and this section and the relationships
and procedures between the department of general administration and
such other entities.
Sec. 7 RCW 79.24.087 and 1923 c 12 s 1 are each amended to read
as follows:
All revenues received from leases and sales of lands, timber and
other products on the surface or beneath the surface of the lands
granted to the state of Washington by the United States pursuant to an
act of Congress approved February 22, 1889, for capitol building
purposes, shall be paid into the "capitol building construction
account". Available revenues in this account shall first be pledged to
state capitol public and historic facilities as defined under section
2 of this act.