BILL REQ. #: H-2475.2
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 04/08/11.
AN ACT Relating to consolidating arts and heritage programs for the purpose of streamlining government and improving efficiency; amending RCW 27.34.020, 43.07.129, 42.17.2401, 42.17A.705, 43.17.010, 43.17.020, 43.334.010, 43.334.020, 43.334.060, 43.334.070, 43.334.075, 43.334.077, 27.34.220, 27.34.230, 27.34.240, 27.34.270, 27.34.280, 27.34.415, 27.44.055, 27.53.020, 27.53.030, 27.53.060, 27.53.080, 27.53.090, 27.53.095, 27.53.100, 27.53.110, 27.53.120, 27.53.130, 27.53.140, 41.06.095, 43.360.010, 43.360.020, 43.360.030, 68.24.090, 68.50.645, 68.60.030, 68.60.050, 68.60.055, 68.60.060, 82.73.010, 82.73.050, 88.02.660, 90.48.366, 27.34.060, 27.34.330, 43.46.015, 43.46.030, 43.46.040, and 43.46.085; reenacting and amending RCW 27.53.070 and 35.100.020; adding new sections to chapter 43.334 RCW; creating new sections; recodifying RCW 27.34.020, 43.07.129, 43.63A.750, 43.334.080, 27.34.200, 27.34.220, 27.34.230, 27.34.240, 27.34.250, 27.34.260, 27.34.270, 27.34.280, 27.34.400, 27.34.410, 27.34.415, 27.34.010, 27.34.060, 27.34.075, 27.34.080, 27.34.330, 27.34.350, 27.34.360, 27.34.365, 27.34.370, 27.34.375, 27.34.390, 27.34.395, 27.34.900, 27.34.906, 27.34.910, 27.34.915, and 27.34.916; repealing RCW 43.334.030, 43.334.040, 43.334.050, 43.334.900, and 27.34.380; providing effective dates; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 It is the legislature's intent to promote
the arts, culture, and rich heritage of the state and to enhance
opportunities for collaboration and coordination by restructuring those
programs and departments that are inextricably linked by common
pursuits which are cultural in nature and deserve increased visibility
and recognition within state government. It is also the legislature's
intent to promote tourism and to work with public and private entities
to coordinate efforts to expand tourism in the state. Therefore, the
legislature is establishing the department of heritage, arts, and
culture consisting of archaeology and historic preservation, the
museums and historical societies, and the arts commission.
Sec. 101 RCW 27.34.020 and 2007 c 333 s 5 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) "Board of advisors" means the board of advisors to the women's
history consortium.
(3) "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.
(4) "Department" means the department of ((archaeology and historic
preservation)) heritage, arts, and culture.
(((3))) (5) "Director" means the director of the department of
((archaeology and historic preservation)) heritage, arts, and culture.
(((4))) (6) "Federal act" means the national historic preservation
act of 1966 (Public Law 89-655; 80 Stat. 915).
(((5))) (7) "Heritage barn" means any large agricultural
outbuilding used to house animals, crops, or farm equipment, that is
over fifty years old and has been determined by the department to: (a)
Be eligible for listing on the Washington heritage register or the
national register of historic places; or (b) have been listed on a
local historic register and approved by the advisory council. In
addition to barns, "heritage barn" includes agricultural resources such
as milk houses, sheds, silos, or other outbuildings, that are
historically associated with the working life of the farm or ranch, if
these outbuildings are on the same property as a heritage barn.
(((6) "Heritage council" means the Washington state heritage
council.)) (8) "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)
(((8))) (9) "Office" means the office of archaeology and historic
preservation.
(10) "Preservation officer" means the state historic preservation
officer as provided for in RCW 43.334.020.
(((9))) (11) "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))) (12) "State historical agencies" means the state
historical societies and the department.
(((11))) (13) "State historical societies" means the Washington
state historical society and the eastern Washington state historical
society.
(((12) "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.))
NEW SECTION. Sec. 102 A new section is added to chapter 43.334
RCW to read as follows:
(1) The department of heritage, arts, and culture is created as an
executive branch agency. The department is vested with all powers and
duties transferred to it under this chapter and such other powers and
duties as may be authorized by law.
(2) The executive head and appointing authority of the department
is the director. The director is appointed by the governor, subject to
confirmation by the senate. The director serves at the pleasure of the
governor. The director is paid a salary fixed by the governor in
accordance with RCW 43.03.040. If a vacancy occurs in the position of
director while the senate is not in session, the governor shall make a
temporary appointment until the next meeting of the senate at which
time he or she shall present to that body his or her nomination for the
position.
NEW SECTION. Sec. 103 A new section is added to chapter 43.334
RCW to read as follows:
(1) The director of heritage, arts, and culture shall supervise and
administer the activities of the department of heritage, arts, and
culture and shall advise the governor and the legislature with respect
to matters under the jurisdiction of the department.
(2) In addition to other powers and duties granted to the director,
the director shall have the following powers and duties:
(a) Enter into contracts on behalf of the state to carry out the
purposes of this chapter;
(b) Accept and expend gifts and grants that are related to the
purposes of this chapter, whether such grants be of federal or other
funds;
(c) Appoint deputy and assistant directors and such other special
assistants as may be needed to administer the department. These
employees are exempt from the provisions of chapter 41.06 RCW;
(d) Adopt rules in accordance with chapter 34.05 RCW and perform
all other functions necessary and proper to carry out the purposes of
this chapter;
(e) Delegate powers, duties, and functions as the director deems
necessary for efficient administration, but the director shall be
responsible for the official acts of the officers and employees of the
department;
(f) Apply for grants from public and private entities, and receive
and administer any grant funding received for the purpose and intent of
this chapter;
(g) Assist and coordinate with public and private entities to
promote tourism in the state, and guide the direction of all activities
necessary to develop and market the state as a destination;
(h) Perform other duties as are necessary and consistent with law.
Sec. 104 RCW 43.07.129 and 2007 c 523 s 4 are each amended to
read as follows:
The Washington state heritage ((center)), arts, and culture account
is created in the custody of the state treasurer. All ((moneys
received under)) receipts from RCW 36.18.010(11) and 43.07.128 must be
deposited in the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be ((made))
used only for ((the following purposes:)) programs and activities that
fulfill the missions of the department of heritage, arts, and culture.
(1) Payment of the certificate of participation issued for the
Washington state heritage center;
(2) Capital maintenance of the Washington state heritage center;
and
(3) Program operations that serve the public, relate to the
collections and exhibits housed in the Washington state heritage
center, or fulfill the missions of the state archives, state library,
and capital museum.
Only the secretary of state or the secretary of state's designee
may authorize expenditures from the account. An appropriation is not
required for expenditures, but the account is subject to allotment
procedures under chapter 43.88 RCW
Sec. 105 RCW 42.17.2401 and 2009 c 565 s 24 are each amended to
read as follows:
For the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health plan, the
director of heritage, arts, and culture, the director of the department
of services for the blind, the director of the state system of
community and technical colleges, the director of commerce, the
secretary of corrections, the director of early learning, the director
of ecology, the commissioner of employment security, the chair of the
energy facility site evaluation council, the secretary of the state
finance committee, the director of financial management, the director
of fish and wildlife, the executive secretary of the forest practices
appeals board, the director of the gambling commission, the director of
general administration, the secretary of health, the administrator of
the Washington state health care authority, the executive secretary of
the health care facilities authority, the executive secretary of the
higher education facilities authority, the executive secretary of the
horse racing commission, the executive secretary of the human rights
commission, the executive secretary of the indeterminate sentence
review board, the director of the department of information services,
the executive director of the state investment board, the director of
labor and industries, the director of licensing, the director of the
lottery commission, the director of the office of minority and women's
business enterprises, the director of parks and recreation, the
director of personnel, the executive director of the public disclosure
commission, the executive director of the Puget Sound partnership, the
director of the recreation and conservation office, the director of
retirement systems, the director of revenue, the secretary of social
and health services, the chief of the Washington state patrol, the
executive secretary of the board of tax appeals, the secretary of
transportation, the secretary of the utilities and transportation
commission, the director of veterans affairs, the president of each of
the regional and state universities and the president of The Evergreen
State College, and each district and each campus president of each
state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of
trustees of each community college and each technical college, each
member of the state board for community and technical colleges, state
convention and trade center board of directors, committee for deferred
compensation, Eastern Washington University board of trustees,
Washington economic development finance authority, The Evergreen State
College board of trustees, executive ethics board, forest practices
appeals board, forest practices board, gambling commission, life
sciences discovery fund authority board of trustees, Washington health
care facilities authority, each member of the Washington health
services commission, higher education coordinating board, higher
education facilities authority, horse racing commission, state housing
finance commission, human rights commission, indeterminate sentence
review board, board of industrial insurance appeals, information
services board, recreation and conservation funding board, state
investment board, commission on judicial conduct, legislative ethics
board, liquor control board, lottery commission, marine oversight
board, Pacific Northwest electric power and conservation planning
council, parks and recreation commission, board of pilotage
commissioners, pollution control hearings board, public disclosure
commission, public pension commission, shorelines hearings board,
public employees' benefits board, salmon recovery funding board, board
of tax appeals, transportation commission, University of Washington
board of regents, utilities and transportation commission, Washington
state maritime commission, Washington personnel resources board,
Washington public power supply system executive board, Washington State
University board of regents, Western Washington University board of
trustees, and fish and wildlife commission.
Sec. 106 RCW 42.17A.705 and 2010 c 204 s 902 are each amended to
read as follows:
For the purposes of RCW 42.17A.700, "executive state officer"
includes:
(1) The chief administrative law judge, the director of
agriculture, the director of heritage, arts, and culture, the director
of the department of services for the blind, the director of the state
system of community and technical colleges, the director of commerce,
the secretary of corrections, the director of early learning, the
director of ecology, the commissioner of employment security, the chair
of the energy facility site evaluation council, the secretary of the
state finance committee, the director of financial management, the
director of fish and wildlife, the executive secretary of the forest
practices appeals board, the director of the gambling commission, the
director of general administration, the secretary of health, the
administrator of the Washington state health care authority, the
executive secretary of the health care facilities authority, the
executive secretary of the higher education facilities authority, the
executive secretary of the horse racing commission, the executive
secretary of the human rights commission, the executive secretary of
the indeterminate sentence review board, the director of the department
of information services, the executive director of the state investment
board, the director of labor and industries, the director of licensing,
the director of the lottery commission, the director of the office of
minority and women's business enterprises, the director of parks and
recreation, the director of personnel, the executive director of the
public disclosure commission, the executive director of the Puget Sound
partnership, the director of the recreation and conservation office,
the director of retirement systems, the director of revenue, the
secretary of social and health services, the chief of the Washington
state patrol, the executive secretary of the board of tax appeals, the
secretary of transportation, the secretary of the utilities and
transportation commission, the director of veterans affairs, the
president of each of the regional and state universities and the
president of The Evergreen State College, and each district and each
campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of
trustees of each community college and each technical college, each
member of the state board for community and technical colleges, state
convention and trade center board of directors, Eastern Washington
University board of trustees, Washington economic development finance
authority, Washington energy northwest executive board, The Evergreen
State College board of trustees, executive ethics board, fish and
wildlife commission, forest practices appeals board, forest practices
board, gambling commission, Washington health care facilities
authority, higher education coordinating board, higher education
facilities authority, horse racing commission, state housing finance
commission, human rights commission, indeterminate sentence review
board, board of industrial insurance appeals, information services
board, state investment board, commission on judicial conduct,
legislative ethics board, life sciences discovery fund authority board
of trustees, liquor control board, lottery commission, Pacific
Northwest electric power and conservation planning council, parks and
recreation commission, Washington personnel resources board, board of
pilotage commissioners, pollution control hearings board, public
disclosure commission, public employees' benefits board, recreation and
conservation funding board, salmon recovery funding board, shorelines
hearings board, board of tax appeals, transportation commission,
University of Washington board of regents, utilities and transportation
commission, Washington State University board of regents, and Western
Washington University board of trustees.
Sec. 107 RCW 43.17.010 and 2009 c 565 s 25 are each amended to
read as follows:
There shall be departments of the state government which shall be
known as (1) the department of social and health services, (2) the
department of ecology, (3) the department of labor and industries, (4)
the department of agriculture, (5) the department of fish and wildlife,
(6) the department of transportation, (7) the department of licensing,
(8) the department of general administration, (9) the department of
commerce, (10) the department of veterans affairs, (11) the department
of revenue, (12) the department of retirement systems, (13) the
department of corrections, (14) the department of health, (15) the
department of financial institutions, (16) the department of
((archaeology and historic preservation)) heritage, arts, and culture,
(17) the department of early learning, and (18) the Puget Sound
partnership, which shall be charged with the execution, enforcement,
and administration of such laws, and invested with such powers and
required to perform such duties, as the legislature may provide.
Sec. 108 RCW 43.17.020 and 2009 c 565 s 26 are each amended to
read as follows:
There shall be a chief executive officer of each department to be
known as: (1) The secretary of social and health services, (2) the
director of ecology, (3) the director of labor and industries, (4) the
director of agriculture, (5) the director of fish and wildlife, (6) the
secretary of transportation, (7) the director of licensing, (8) the
director of general administration, (9) the director of commerce, (10)
the director of veterans affairs, (11) the director of revenue, (12)
the director of retirement systems, (13) the secretary of corrections,
(14) the secretary of health, (15) the director of financial
institutions, (16) the director of the department of ((archaeology and
historic preservation)) heritage, arts, and culture, (17) the director
of early learning, and (18) the executive director of the Puget Sound
partnership.
Such officers, except the director of fish and wildlife, shall be
appointed by the governor, with the consent of the senate, and hold
office at the pleasure of the governor. The director of fish and
wildlife shall be appointed by the fish and wildlife commission as
prescribed by RCW 77.04.055.
NEW SECTION. Sec. 109 The following sections are recodified as
sections in chapter 43.334 RCW: RCW 27.34.020, 43.07.129, and
43.63A.750.
Sec. 201 RCW 43.334.010 and 2005 c 333 s 1 are each amended to
read as follows:
(((1))) There is created ((a department of state government)) an
office within the department of heritage, arts, and culture to be known
as the ((department)) office of archaeology and historic preservation.
The ((department)) office is vested with all powers and duties
transferred to it under this chapter and such other powers and duties
as may be authorized by law.
(((2) Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.))
(a) "Department" means the department of archaeology and historic
preservation.
(b) "Director" means the director of the department of archaeology
and historic preservation.
Sec. 202 RCW 43.334.020 and 2005 c 333 s 2 are each amended to
read as follows:
((The executive head and appointing authority of the department is
the director.)) The ((director)) governor shall ((serve as)) appoint
the state historic preservation officer((, and)) subject to the
approval of the director. The director shall provide the governor with
a list of candidates for consideration. The preservation officer shall
report directly to the director. 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.
((The director shall be appointed by the governor, with the consent of
the senate, and serves at the pleasure of the governor. The director
shall be paid a salary to be fixed by the governor in accordance with
RCW 43.03.040. If a vacancy occurs in the position while the senate is
not in session, the governor shall make a temporary appointment until
the next meeting of the senate.))
Sec. 203 RCW 43.334.060 and 2005 c 333 s 6 are each amended to
read as follows:
(1) The preservation officer shall supervise the operations of the
office of archaeology and historic preservation.
(2) Any power or duty vested in or transferred to the ((director))
preservation officer by law or executive order may be delegated by the
((director to the deputy director or)) preservation officer to any
other assistant or subordinate; but the ((director)) preservation
officer is responsible for the official acts of the officers and
employees of the ((department)) office.
Sec. 204 RCW 43.334.070 and 2005 c 333 s 7 are each amended to
read as follows:
The director may appoint advisory committees or councils as
required by any federal legislation as a condition to the receipt of
federal funds by the department. The director may also appoint
statewide committees or councils on those subject matters as are or
come within the ((department's)) office's responsibilities. The
statewide committees and councils shall have representation from both
major political parties and shall have substantial consumer
representation. The committees or councils shall be constituted as
required by federal law or as the director may determine. The members
of the committees or councils shall hold office as follows: One-third
to serve one year; one-third to serve two years; and one-third to serve
three years. Upon expiration of the original terms, subsequent
appointments shall be for three years except in the case of a vacancy,
in which event appointment shall be only for the remainder of the
unexpired term for which the vacancy occurs. No member may serve more
than two consecutive terms.
Members of such state advisory committees or councils may be paid
their travel expenses in accordance with RCW 43.03.050 and 43.03.060.
Sec. 205 RCW 43.334.075 and 2008 c 275 s 4 are each amended to
read as follows:
(1) The ((director)) preservation officer shall appoint a state
physical anthropologist. At a minimum, the state physical
anthropologist must have a doctorate in either archaeology or
anthropology and have experience in forensic osteology or other
relevant aspects of physical anthropology and must have at least one
year of experience in laboratory reconstruction and analysis. A
medical degree with archaeological experience in addition to the
experience required may substitute for a doctorate in archaeology or
anthropology.
(2) The state physical anthropologist has the primary
responsibility of investigating, preserving, and, when necessary,
removing and reinterring discoveries of nonforensic skeletal human
remains. The state physical anthropologist is available to any local
governments or any federally recognized tribal government within the
boundaries of Washington to assist in determining whether discovered
skeletal human remains are forensic or nonforensic.
(3) The ((director)) preservation officer shall hire staff as
necessary to support the state physical anthropologist to meet the
objectives of this section.
(4) For the purposes of this section, "forensic remains" are those
that come under the jurisdiction of the coroner pursuant to RCW
68.50.010.
Sec. 206 RCW 43.334.077 and 2008 c 275 s 7 are each amended to
read as follows:
The skeletal human remains assistance account is created in the
custody of the state treasurer. All appropriations provided by the
legislature for this purpose as well as any reimbursement for services
provided pursuant to chapter 275, Laws of 2008 must be deposited in the
account. Expenditures from the account may be used only for
archaeological determinations and excavations of inadvertently
discovered skeletal human remains, and removal and reinterment of such
remains when necessary. Only the director ((or the director's)),
preservation officer, or preservation officer's designee may authorize
expenditures from the account. The account is subject to the allotment
procedures under chapter 43.88 RCW, but an appropriation is not
required for expenditures.
Sec. 207 RCW 27.34.220 and 1997 c 145 s 1 are each amended to
read as follows:
The ((director or the director's)) preservation officer or
preservation officer'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 statewide 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 (as
recodified by this act). 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 (as
recodified by this act).
Sec. 208 RCW 27.34.230 and 2005 c 333 s 15 are each amended to
read as follows:
The director or the director's designee shall:
(1) 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)) and 27.34.220 (as
recodified by this act) or the federal act; and
(2) Develop and implement a cultural resource management plan.
Sec. 209 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)) preservation officer or preservation
officer's designee, with the advice of the preservation officer, in
accordance with needs as contained in statewide archaeology and
historic preservation plans developed by the ((department)) office.
Sec. 210 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 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.
Sec. 211 RCW 27.34.280 and 1986 c 266 s 15 are each amended to
read as follows:
The ((department)) office shall provide administrative and
financial services to the advisory council on historic preservation and
to the Washington state heritage council.
Sec. 212 RCW 27.34.415 and 2008 c 275 s 6 are each amended to
read as follows:
The ((department of archaeology and historic preservation)) office
shall develop and maintain a centralized database and geographic
information systems spatial layer of all known cemeteries and known
sites of burials of human remains in Washington state. The information
in the database is subject to public disclosure, except as provided in
RCW 42.56.300; exempt information is available by confidentiality
agreement to federal, state, and local agencies for purposes of
environmental review, and to tribes in order to participate in
environmental review, protect their ancestors, and perpetuate their
cultures.
Information provided to state and local agencies under this section
is subject to public disclosure, except as provided in RCW 42.56.300.
Sec. 213 RCW 27.44.055 and 2008 c 275 s 2 are each amended to
read as follows:
(1) Any person who discovers skeletal human remains must notify the
coroner and local law enforcement in the most expeditious manner
possible. Any person knowing of the existence of human remains and not
having good reason to believe that the coroner and local law
enforcement has notice thereof and who fails to give notice thereof is
guilty of a misdemeanor.
(2) Any person engaged in ground disturbing activity and who
encounters or discovers skeletal human remains in or on the ground
shall:
(a) Immediately cease any activity which may cause further
disturbance;
(b) Make a reasonable effort to protect the area from further
disturbance;
(c) Report the presence and location of the remains to the coroner
and local law enforcement in the most expeditious manner possible; and
(d) Be held harmless from criminal and civil liability arising
under the provisions of this section provided the following criteria
are met:
(i) The finding of the remains was based on inadvertent discovery;
(ii) The requirements of the subsection are otherwise met; and
(iii) The person is otherwise in compliance with applicable law.
(3) The coroner must make a determination whether the skeletal
human remains are forensic or nonforensic within five business days of
receiving notification of a finding of such remains provided that there
is sufficient evidence to make such a determination within that time
period. The coroner will retain jurisdiction over forensic remains.
(a) Upon determination that the remains are nonforensic, the
coroner must notify the ((department of archaeology and historic
preservation)) office within two business days. The ((department))
office will have jurisdiction over such remains until provenance of the
remains is established. A determination that remains are nonforensic
does not create a presumption of removal or nonremoval.
(b) Upon receiving notice from a coroner of a finding of
nonforensic skeletal human remains, the ((department)) office must
notify the appropriate local cemeteries, and all affected Indian tribes
via certified mail to the head of the appropriate tribal government,
and contact the appropriate tribal cultural resources staff within two
business days of the finding. The determination of what are
appropriate local cemeteries to be notified is at the discretion of the
((department)) office. A notification to tribes of a finding of
nonforensic skeletal human remains does not create a presumption that
the remains are Indian.
(c) The state physical anthropologist must make an initial
determination of whether nonforensic skeletal human remains are Indian
or non-Indian to the extent possible based on the remains within two
business days of notification of a finding of such nonforensic remains.
If the remains are determined to be Indian, the ((department)) office
must notify all affected Indian tribes via certified mail to the head
of the appropriate tribal government within two business days and
contact the appropriate tribal cultural resources staff.
(d) The affected tribes have five business days to respond via
telephone or writing to the ((department)) office as to their interest
in the remains.
(4) For the purposes of this section:
(a) "Affected tribes" are:
(i) Those federally recognized tribes with usual and accustomed
areas in the jurisdiction where the remains were found;
(ii) Those federally recognized tribes that submit to the
((department)) office maps that reflect the tribe's geographical area
of cultural affiliation; and
(iii) Other tribes with historical and cultural affiliation in the
jurisdiction where the remains were found.
(b) "Forensic remains" are those that come under the jurisdiction
of the coroner pursuant to RCW 68.50.010.
(c) "Inadvertent discovery" has the same meaning as used in RCW
27.44.040.
(5) Nothing in this section constitutes, advocates, or otherwise
grants, confers, or implies federal or state recognition of those
tribes that are not federally recognized pursuant to 25 C.F.R. part 83,
procedures for establishing that an American Indian group exists as an
Indian tribe.
Sec. 214 RCW 27.53.020 and 2005 c 333 s 19 are each amended to
read as follows:
The discovery, identification, excavation, and study of the state's
archaeological resources, the providing of information on
archaeological sites for their nomination to the state and national
registers of historic places, the maintaining of a complete inventory
of archaeological sites and collections, and the providing of
information to state, federal, and private construction agencies
regarding the possible impact of construction activities on the state's
archaeological resources, are proper public functions; and the
((department of archaeology and historic preservation)) office, created
under the authority of chapter 43.334 RCW, is hereby designated as an
appropriate agency to carry out these functions. The ((director))
preservation officer shall provide guidelines for the selection of
depositories designated by the state for archaeological resources. The
legislature directs that there shall be full cooperation amongst the
((department)) office and other agencies of the state.
Sec. 215 RCW 27.53.030 and 2008 c 275 s 5 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Archaeology" means systematic, scientific study of man's past
through material remains.
(2) "Archaeological object" means an object that comprises the
physical evidence of an indigenous and subsequent culture including
material remains of past human life including monuments, symbols,
tools, facilities, and technological by-products.
(3) "Archaeological site" means a geographic locality in
Washington, including but not limited to, submerged and submersible
lands and the bed of the sea within the state's jurisdiction, that
contains archaeological objects.
(4) "Department" means the department of ((archaeology and historic
preservation)) heritage, arts, and culture, created in chapter 43.334
RCW.
(5) (("Director" means the director of the department of
archaeology and historic preservation, created in chapter 43.334 RCW.)) "Historic" means peoples and cultures who are known through
written documents in their own or other languages. As applied to
underwater archaeological resources, the term historic shall include
only those properties which are listed in or eligible for listing in
the Washington State Register of Historic Places (RCW 27.34.220 (as
recodified by this act)) or the National Register of Historic Places as
defined in the National Historic Preservation Act of 1966 (Title 1,
Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now
or hereafter amended.
(6)
(6) "Office" means the office of archaeology and historic
preservation.
(7) "Prehistoric" means peoples and cultures who are unknown
through contemporaneous written documents in any language.
(8) "Preservation officer" means the state historic preservation
officer as provided for in RCW 43.334.020.
(9) "Professional archaeologist" means a person with qualifications
meeting the federal secretary of the interior's standards for a
professional archaeologist. Archaeologists not meeting this standard
may be conditionally employed by working under the supervision of a
professional archaeologist for a period of four years provided the
employee is pursuing qualifications necessary to meet the federal
secretary of the interior's standards for a professional archaeologist.
During this four-year period, the professional archaeologist is
responsible for all findings. The four-year period is not subject to
renewal.
(((9))) (10) "Amateur society" means any organization composed
primarily of persons who are not professional archaeologists, whose
primary interest is in the archaeological resources of the state, and
which has been certified in writing by two professional archaeologists.
(((10))) (11) "Historic archaeological resources" means those
properties which are listed in or eligible for listing in the
Washington State Register of Historic Places (RCW 27.34.220 (as
recodified by this act)) or the National Register of Historic Places as
defined in the National Historic Preservation Act of 1966 (Title 1,
Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now
or hereafter amended.
Sec. 216 RCW 27.53.060 and 2002 c 211 s 3 are each amended to
read as follows:
(1) On the private and public lands of this state it shall be
unlawful for any person, firm, corporation, or any agency or
institution of the state or a political subdivision thereof to
knowingly remove, alter, dig into, or excavate by use of any
mechanical, hydraulic, or other means, or to damage, deface, or destroy
any historic or prehistoric archaeological resource or site, or remove
any archaeological object from such site, except for Indian graves or
cairns, or any glyptic or painted record of any tribe or peoples, or
historic graves as defined in chapter 68.05 RCW, disturbances of which
shall be a class C felony punishable under chapter 9A.20 RCW, without
having obtained a written permit from the ((director)) preservation
officer or the preservation officer's designee for such activities.
(2) The ((director)) preservation officer or the preservation
officer's designee must obtain the consent of the private or public
property owner or agency responsible for the management thereof, prior
to issuance of the permit. The property owner or agency responsible
for the management of such land may condition its consent on the
execution of a separate agreement, lease, or other real property
conveyance with the applicant as may be necessary to carry out the
legal rights or duties of the public property landowner or agency.
(3) The ((director)) preservation officer, in consultation with the
affected tribes, shall develop guidelines for the issuance and
processing of permits.
(4) Such written permit and any agreement or lease or other
conveyance required by any public property owner or agency responsible
for management of such land shall be physically present while any such
activity is being conducted.
(5) The provisions of this section shall not apply to the removal
of artifacts found exposed on the surface of the ground which are not
historic archaeological resources or sites.
(6) When determining whether to grant or condition a permit, the
((director)) preservation officer or the preservation officer's
designee may give great weight to the final record of previous civil or
criminal penalties against either the applicant, the parties
responsible for conducting the work, or the parties responsible for
carrying out the terms and conditions of the permit, either under this
chapter or under comparable federal laws. If the director denies a
permit, the applicant may request a hearing as provided for in chapter
34.05 RCW. When the holder of a permit issued by the office requests
a hearing under this subsection, an administrative law judge assigned
by the office of administrative hearings shall conduct the hearing.
The decision of the administrative law judge is a final agency order.
Sec. 217 RCW 27.53.070 and 2005 c 333 s 21 and 2005 c 274 s 243
are each reenacted and amended to read as follows:
It is the declared intention of the legislature that field
investigations on privately owned lands should be discouraged except in
accordance with both the provisions and spirit of this chapter and
persons having knowledge of the location of archaeological sites or
resources are encouraged to communicate such information to the
((department)) office. Such information shall not constitute a public
record which requires disclosure pursuant to the exception authorized
in chapter 42.56 RCW to avoid site depredation.
Sec. 218 RCW 27.53.080 and 2005 c 333 s 22 are each amended to
read as follows:
(1) Qualified or professional archaeologists, in performance of
their duties, may enter upon public lands of the state of Washington
and its political subdivisions after first notifying the entity
responsible for managing those public lands, at such times and in such
manner as not to interfere with the normal management thereof, for the
purposes of doing archaeological resource location and evaluation
studies, including site sampling activities. The results of such
studies shall be provided to the state agency or political subdivision
responsible for such lands and the ((department)) office and are
confidential unless the ((director)) preservation officer, in writing,
declares otherwise. Scientific excavations are to be carried out only
after appropriate agreement has been made between a professional
archaeologist or an institution of higher education and the agency or
political subdivision responsible for such lands. A copy of such
agreement shall be filed with the ((department)) office.
(2) Amateur societies may engage in such activities by submitting
and having approved by the responsible agency or political subdivision
a written proposal detailing the scope and duration of the activity.
Before approval, a proposal from an amateur society shall be submitted
to the ((department)) office for review and recommendation. The
approving agency or political subdivision shall impose conditions on
the scope and duration of the proposed activity necessary to protect
the archaeological resources and ensure compliance with applicable
federal, state, and local laws. The findings and results of activities
authorized under this section shall be made known to the approving
agency or political subdivision approving the activities and to the
((department)) office.
Sec. 219 RCW 27.53.090 and 1986 c 266 s 20 are each amended to
read as follows:
Any person, firm, or corporation violating any of the provisions of
this chapter shall be guilty of a misdemeanor. Each day of continued
violation of any provision of this chapter shall constitute a distinct
and separate offense. Offenses shall be reported to the appropriate
law enforcement agency or to the ((director)) preservation officer.
Sec. 220 RCW 27.53.095 and 2005 c 333 s 23 are each amended to
read as follows:
(1) Persons found to have violated this chapter, either by a
knowing and willful failure to obtain a permit where required under RCW
27.53.060 or by a knowing and willful failure to comply with the
provisions of a permit issued by the ((director)) preservation officer
where required under RCW 27.53.060, in addition to other remedies as
provided for by law, may be subject to one or more of the following:
(a) Reasonable investigative costs incurred by a mutually agreed
upon independent professional archaeologist investigating the alleged
violation;
(b) Reasonable site restoration costs; and
(c) Civil penalties, as determined by the ((director)) preservation
officer, in an amount of not more than five thousand dollars per
violation.
(2) Any person incurring the penalty may file an application for an
adjudicative proceeding and may pursue subsequent review as provided in
chapter 34.05 RCW and applicable rules of the department. When the
department or a person incurring penalties arising out of activities
permitted by the office requests a hearing under this subsection, an
administrative law judge assigned by the office of administrative
hearings shall conduct the hearing. The decision of the administrative
law judge is a final agency order.
(3) Any penalty imposed by final order following an adjudicative
proceeding becomes due and payable upon service of the final order.
(4) The attorney general may bring an action in the name of the
department in the superior court of Thurston county or of any county in
which the violator may do business to collect any penalty imposed under
this chapter and to enforce subsection (5) of this section.
(5) Any and all artifacts in possession of a violator shall become
the property of the state until proper identification of artifact
ownership may be determined by the ((director)) preservation officer or
the preservation officer's designee.
(6) Penalties overturned on appeal entitle the appealing party to
fees and other expenses, including reasonable attorneys' fees, as
provided in RCW 4.84.350.
Sec. 221 RCW 27.53.100 and 1988 c 124 s 5 are each amended to
read as follows:
Persons, firms, corporations, institutions, or agencies which
discover a previously unreported historic archaeological resource on
state-owned aquatic lands and report the site or location of such
resource to the ((department)) office shall have a right of first
refusal to future salvage permits granted for the recovery of that
resource, subject to the provisions of RCW 27.53.110. Such right of
first refusal shall exist for five years from the date of the report.
Should another person, firm, corporation, institution, or agency apply
for a permit to salvage that resource, the reporting entity shall have
sixty days to submit its own permit application and exercise its first
refusal right, or the right shall be extinguished.
Sec. 222 RCW 27.53.110 and 1988 c 124 s 6 are each amended to
read as follows:
The ((director)) department is hereby authorized to enter into
contracts with ((other)) state agencies or institutions and with
qualified private institutions, persons, firms, or corporations for the
discovery and salvage of state-owned historic archaeological resources.
Such contracts shall include but are not limited to the following terms
and conditions:
(1) Historic shipwrecks:
(a) The contract shall provide for fair compensation to a salvor.
"Fair compensation" means an amount not less than ninety percent of the
appraised value of the objects recovered following successful
completion of the contract.
(b) The salvor may retain objects with a value of up to ninety
percent of the appraised value of the total objects recovered, or cash,
or a combination of objects and cash. In no event may the total of
objects and cash exceed ninety percent of the total appraised value of
the objects recovered. A salvor shall not be entitled to further
compensation from any state sources.
(c) The contract shall provide that the state will be given first
choice of which objects it may wish to retain for display purposes for
the people of the state from among all the objects recovered. The
state may retain objects with a value of up to ten percent of the
appraised value of the total objects recovered. If the state chooses
not to retain recovered objects with a value of up to ten percent of
the appraised value, the state shall be entitled to receive its share
in cash or a combination of recovered objects and cash so long as the
state's total share does not exceed ten percent of the appraised value
of the objects recovered.
(d) The contract shall provide that both the state and the salvor
shall have the right to select a single appraiser or joint appraisers.
(e) The contract shall also provide that title to the objects shall
pass to the salvor when the permit is issued. However, should the
salvor fail to fully perform under the terms of the contract, title to
all objects recovered shall revert to the state.
(2) Historic aircraft:
(a) The contract shall provide that historic aircraft belonging to
the state of Washington may only be recovered if the purpose of that
salvage operation is to recover the aircraft for a museum, historical
society, nonprofit organization, or governmental entity.
(b) Title to the aircraft may only be passed by the state to one of
the entities listed in (a) of this subsection.
(c) Compensation to the salvor shall only be derived from the sale
or exchange of the aircraft to one of the entities listed in (a) of
this subsection or such other compensation as one of the entities
listed in (a) of this subsection and the salvor may arrange. The
salvor shall not have a claim to compensation from state funds.
(3) Other historic archaeological resources: The ((director))
preservation officer, in his or her discretion, may negotiate the terms
of such contracts.
Sec. 223 RCW 27.53.120 and 1988 c 124 s 7 are each amended to
read as follows:
The salvor shall agree to mitigate any archaeological damage which
occurs during the salvage operation. The ((department)) office shall
have access to all property recovered from historic archaeological
sites for purposes of scholarly research and photographic documentation
for a period to be agreed upon by the parties following completion of
the salvage operation. The ((department)) office shall also have the
right to publish scientific papers concerning the results of all
research conducted as project mitigation.
The ((director)) preservation officer has the right to refuse to
issue a permit for salvaging an historic archaeological resource if
that resource would be destroyed beyond mitigation by the proposed
salvage operation. Any agency, institution, person, firm, or
corporation which has been denied a permit because the resource would
be destroyed beyond mitigation by their method of salvage shall have a
right of first refusal for that permit at a future date should
technology be found which would make salvage possible without
destroying the resource. Such right of first refusal shall be in
effect for sixty days after the ((director)) preservation officer has
determined that salvage can be accomplished by a subsequent applicant
without destroying the resource.
No person, firm, or corporation may conduct such salvage or
recovery operation herein described without first obtaining such
contract.
Sec. 224 RCW 27.53.130 and 1995 c 399 s 17 are each amended to
read as follows:
The department, in consultation with the preservation officer,
shall publish annually and update as necessary a list of those areas
where permits are required to protect historic archaeological sites on
aquatic lands.
Sec. 225 RCW 27.53.140 and 1995 c 399 s 18 are each amended to
read as follows:
The ((department)) office shall have such rule-making authority as
is necessary to carry out the provisions of this chapter.
Sec. 226 RCW 35.100.020 and 2010 c 30 s 2 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Community revitalization project" means:
(a) Health and safety improvements authorized to be publicly
financed under chapter 35.80 or 35.81 RCW;
(b) Publicly owned or leased facilities within the jurisdiction of
a local government which the sponsor has authority to provide; and
(c) Expenditure for any of the following purposes:
(i) Providing environmental analysis, professional management,
planning, and promotion within a downtown or neighborhood commercial
district including the management and promotion of retail trade
activities in the district;
(ii) Providing maintenance and security for common or public areas
in the downtown or neighborhood commercial district;
(iii) Historic preservation activities authorized under RCW
35.21.395; or
(iv) Project design and planning, land acquisition, site
preparation, construction, reconstruction, rehabilitation, improvement,
operation, and installation of a public facility; the costs of
financing, including interest during construction, legal and other
professional services, taxes, and insurance; the costs of complying
with this chapter and other applicable law; and the administrative
costs reasonably necessary and related to these costs.
(2) "Downtown or neighborhood commercial district" means (a) an
area or areas designated by the legislative authority of a city or town
with a population over one hundred thousand and that are typically
limited to the pedestrian core area or the central commercial district
and compact business districts that serve specific neighborhoods within
the city or town; or (b) commercial areas designated as main street
areas by the ((department)) office of archaeology and historic
preservation.
(3) "Local retail sales and use tax" means the tax levied by a city
or town under RCW 82.14.030, excluding that portion which a county is
entitled to receive under RCW 82.14.030.
(4) "Local retail sales and use tax increment revenue" means that
portion of the local retail sales and use tax collected in each year
upon any retail sale or any use of an article of tangible personal
property within a downtown or neighborhood commercial district that is
in excess of the amount of local retail sales and use tax collected on
sales or uses within the downtown or neighborhood commercial district
in the year preceding.
Sec. 227 RCW 41.06.095 and 2005 c 333 s 9 are each amended to
read as follows:
In addition to the exemptions under RCW 41.06.070, this chapter
does not apply in the ((department)) office of archaeology and historic
preservation to the ((director, the director's personal secretary, the
deputy director, all division directors and assistant directors,))
preservation officer and one confidential secretary for each of these
officers.
Sec. 228 RCW 43.360.010 and 2010 c 30 s 3 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Area" means a geographic area within a local government that
is described by a closed perimeter boundary.
(2) (("Department")) "Office" means the ((department)) office of
archaeology and historic preservation.
(3) (("Director" means the director of the department.)) "Local government" means a city, code city, or town.
(4)
(4) "Preservation officer" means the state historic preservation
officer of the office.
(5) "Qualified levels of participation" means a local downtown or
neighborhood commercial district revitalization program that has been
designated by the ((department)) office.
Sec. 229 RCW 43.360.020 and 2005 c 514 s 909 are each amended to
read as follows:
The Washington main street program is created within the
((department)) office. In order to implement the Washington main
street program, the ((department)) office shall:
(1) Provide technical assistance to businesses, property owners,
organizations, and local governments undertaking a comprehensive
downtown or neighborhood commercial district revitalization initiative
and management strategy. Technical assistance may include, but is not
limited to, initial site evaluations and assessments, training for
local programs, training for local program staff, site visits and
assessments by technical specialists, local program design assistance
and evaluation, and continued local program on-site assistance;
(2) To the extent funds are made available, provide financial
assistance to local governments or local organizations to assist in
initial downtown or neighborhood commercial district revitalization
program start-up costs, specialized training, specific project
feasibility studies, market studies, and design assistance;
(3) Develop objective criteria for selecting recipients of
assistance under subsections (1) and (2) of this section, which shall
include priority for downtown or neighborhood commercial district
revitalization programs located in a rural county as defined in RCW
43.160.020(((12))) (5), and provide for designation of local programs
under RCW 43.360.030;
(4) Operate the Washington main street program in accordance with
the plan developed by the ((department, in consultation with the
Washington main street advisory committee created under RCW
43.360.040)) office; and
(5) Consider other factors the department deems necessary for the
implementation of this chapter.
Sec. 230 RCW 43.360.030 and 2005 c 514 s 910 are each amended to
read as follows:
(1) The ((department)) office shall adopt criteria for the
designation of local downtown or neighborhood commercial district
revitalization programs and official local main street programs. In
establishing the criteria, the ((department)) office shall consider:
(a) The degree of interest and commitment to comprehensive downtown
or neighborhood commercial district revitalization and, where
applicable, historic preservation by both the public and private
sectors;
(b) The evidence of potential private sector investment in the
downtown or neighborhood commercial district;
(c) Where applicable, a downtown or neighborhood commercial
district with sufficient historic fabric to become a foundation for an
enhanced community image;
(d) The capacity of the organization to undertake a comprehensive
program and the financial commitment to implement a long-term downtown
or neighborhood commercial district revitalization program that
includes a commitment to employ a professional program manager and
maintain a sufficient operating budget;
(e) The ((department's)) office's existing downtown revitalization
program's tier system;
(f) The national main street center's criteria for designating
official main street cities; and
(g) Other factors the ((department)) office deems necessary for the
designation of a local program.
(2) The ((department)) office shall designate local downtown or
neighborhood commercial district revitalization programs and official
local main street programs. The programs shall be limited to three
categories of designation, one of which shall be the main street level.
(3) RCW ((82.73.010)) 43.360.020 does not apply to any local
downtown or neighborhood commercial district revitalization program
unless the boundaries of the program have been identified and approved
by the ((department)) office. The boundaries of a local downtown or
neighborhood commercial district revitalization program are typically
defined using the pedestrian core of a traditional commercial district.
(4) The ((department)) office may not designate a local downtown or
neighborhood commercial district revitalization program or official
local main street program if the program is undertaken by a local
government with a population of one hundred ninety thousand persons or
more.
Sec. 231 RCW 68.24.090 and 2009 c 102 s 13 are each amended to
read as follows:
Property dedicated to cemetery purposes shall be held and used
exclusively for cemetery purposes, unless and until the dedication is
removed from all or any part of it by an order and decree of the
superior court of the county in which the property is situated, in a
proceeding brought by the cemetery authority for that purpose and upon
notice of hearing and proof satisfactory to the court:
(1) That no placements of human remains were made in or that all
placements of human remains have been removed from that portion of the
property from which dedication is sought to be removed.
(2) That the portion of the property from which dedication is
sought to be removed is not being used for placement of human remains.
(3) That notice of the proposed removal of dedication has been
given in writing to both the funeral and cemetery board and the
((department)) office of archaeology and historic preservation. This
notice must be given at least sixty days before filing the proceedings
in superior court. The notice of the proposed removal of dedication
shall be recorded with the auditor or recording officer of the county
where the cemetery is located at least sixty days before filing the
proceedings in superior court.
Sec. 232 RCW 68.50.645 and 2008 c 275 s 1 are each amended to
read as follows:
(1) It is the duty of every person who knows of the existence and
location of skeletal human remains to notify the coroner and local law
enforcement in the most expeditious manner possible, unless such person
has good reason to believe that such notice has already been given.
Any person knowing of the existence of skeletal human remains and not
having good reason to believe that the coroner and local law
enforcement has notice thereof and who fails to give notice to the
coroner and local law enforcement, is guilty of a misdemeanor.
(2) Any person engaged in ground disturbing activity and who
encounters or discovers skeletal human remains in or on the ground
shall:
(a) Immediately cease any activity which may cause further
disturbance;
(b) Make a reasonable effort to protect the area from further
disturbance;
(c) Report the presence and location of the remains to the coroner
and local law enforcement in the most expeditious manner possible; and
(d) Be held harmless from criminal and civil liability arising
under the provisions of this section provided the following criteria
are met:
(i) The finding of the remains was based on inadvertent discovery;
(ii) The requirements of the subsection are otherwise met; and
(iii) The person is otherwise in compliance with applicable law.
(3) The coroner must make a determination of whether the skeletal
human remains are forensic or nonforensic within five business days of
receiving notification of a finding of such human remains provided that
there is sufficient evidence to make such a determination within that
time period. The coroner will retain jurisdiction over forensic
remains.
(a) Upon determination that the remains are nonforensic, the
coroner must notify the ((department)) office of archaeology and
historic preservation within two business days. The ((department))
office will have jurisdiction over such remains until provenance of the
remains is established. A determination that remains are nonforensic
does not create a presumption of removal or nonremoval.
(b) Upon receiving notice from a coroner of a finding of
nonforensic skeletal human remains, the ((department)) office must
notify the appropriate local cemeteries, and all affected Indian tribes
via certified mail to the head of the appropriate tribal government,
and contact the appropriate tribal cultural resources staff within two
business days of the finding. The determination of what are
appropriate local cemeteries to be notified is at the discretion of the
((department)) office. A notification to tribes of a finding of such
nonforensic skeletal human remains does not create a presumption that
the remains are Indian.
(c) The state physical anthropologist must make an initial
determination of whether nonforensic skeletal human remains are Indian
or non-Indian to the extent possible based on the remains within two
business days of notification of a finding of nonforensic remains. If
the remains are determined to be Indian, the ((department)) office must
notify all affected Indian tribes via certified mail to the head of the
appropriate tribal government within two business days and contact the
appropriate tribal cultural resources staff.
(d) The affected tribes have five business days to respond via
telephone or writing to the ((department)) office as to their interest
in the remains.
(4) For the purposes of this section:
(a) "Affected tribes" are:
(i) Those federally recognized tribes with usual and accustomed
areas in the jurisdiction where the remains were found;
(ii) Those federally recognized tribes that submit to the
((department)) office maps that reflect the tribe's geographical area
of cultural affiliation; and
(iii) Other tribes with historical and cultural affiliation in the
jurisdiction where the remains were found.
(b) "Forensic remains" are those that come under the jurisdiction
of the coroner pursuant to RCW 68.50.010.
(c) "Inadvertent discovery" has the same meaning as used in RCW
27.44.040.
(5) Nothing in this section constitutes, advocates, or otherwise
grants, confers, or implies federal or state recognition of those
tribes that are not federally recognized pursuant to 25 C.F.R. part 83,
procedures for establishing that an American Indian group exists as an
Indian tribe.
Sec. 233 RCW 68.60.030 and 2009 c 102 s 21 are each amended to
read as follows:
(1)(a) The ((department)) office of archaeology and historic
preservation may grant by nontransferable certificate authority to
maintain and protect an abandoned cemetery upon application made by a
preservation organization which has been incorporated for the purpose
of restoring, maintaining, and protecting an abandoned cemetery. Such
authority shall be limited to the care, maintenance, restoration,
protection, and historical preservation of the abandoned cemetery, and
shall not include authority to make burials. In order to activate a
historical cemetery for burials, an applicant must apply for a
certificate of authority to operate a cemetery from the funeral and
cemetery board.
(b) Those preservation and maintenance corporations that are
granted authority to maintain and protect an abandoned cemetery shall
be entitled to hold and possess burial records, maps, and other
historical documents as may exist. Maintenance and preservation
corporations that are granted authority to maintain and protect an
abandoned cemetery shall not be liable to those claiming burial rights,
ancestral ownership, or to any other person or organization alleging to
have control by any form of conveyance not previously recorded at the
county auditor's office within the county in which the abandoned
cemetery exists. Such organizations shall not be liable for any
reasonable alterations made during restoration work on memorials,
roadways, walkways, features, plantings, or any other detail of the
abandoned cemetery.
(c) Should the maintenance and preservation corporation be
dissolved, the ((department)) office of archaeology and historic
preservation shall revoke the certificate of authority.
(d) Maintenance and preservation corporations that are granted
authority to maintain and protect an abandoned cemetery may establish
care funds.
(2) Except as provided in subsection (1) of this section, the
((department)) office of archaeology and historic preservation may, in
its sole discretion, authorize any Washington nonprofit corporation
that is not expressly incorporated for the purpose of restoring,
maintaining, and protecting an abandoned cemetery, to restore,
maintain, and protect one or more abandoned cemeteries. The
authorization may include the right of access to any burial records,
maps, and other historical documents, but shall not include the right
to be the permanent custodian of original records, maps, or documents.
This authorization shall be granted by a nontransferable certificate of
authority. Any nonprofit corporation authorized and acting under this
subsection is immune from liability to the same extent as if it were a
preservation organization holding a certificate of authority under
subsection (1) of this section.
(3) The ((department)) office of archaeology and historic
preservation shall establish standards and guidelines for granting
certificates of authority under subsections (1) and (2) of this section
to assure that any restoration, maintenance, and protection activities
authorized under this subsection are conducted and supervised in an
appropriate manner.
Sec. 234 RCW 68.60.050 and 2009 c 102 s 22 are each amended to
read as follows:
(1) Any person who knowingly removes, mutilates, defaces, injures,
or destroys any historic grave shall be guilty of a class C felony
punishable under chapter 9A.20 RCW. Persons disturbing historic graves
through inadvertence, including disturbance through construction, shall
reinter the human remains under the supervision of the ((department))
office of archaeology and historic preservation. Expenses to reinter
such human remains are to be provided by the ((department)) office of
archaeology and historic preservation to the extent that funds for this
purpose are appropriated by the legislature.
(2) This section does not apply to actions taken in the performance
of official law enforcement duties.
(3) It shall be a complete defense in a prosecution under
subsection (1) of this section if the defendant can prove by a
preponderance of evidence that the alleged acts were accidental or
inadvertent and that reasonable efforts were made to preserve the
remains accidentally disturbed or discovered, and that the accidental
discovery or disturbance was properly reported.
Sec. 235 RCW 68.60.055 and 2008 c 275 s 3 are each amended to
read as follows:
(1) Any person who discovers skeletal human remains shall notify
the coroner and local law enforcement in the most expeditious manner
possible. Any person knowing of the existence of skeletal human
remains and not having good reason to believe that the coroner and
local law enforcement has notice thereof and who fails to give notice
thereof is guilty of a misdemeanor.
(2) Any person engaged in ground disturbing activity and who
encounters or discovers skeletal human remains in or on the ground
shall:
(a) Immediately cease any activity which may cause further
disturbance;
(b) Make a reasonable effort to protect the area from further
disturbance;
(c) Report the presence and location of the remains to the coroner
and local law enforcement in the most expeditious manner possible; and
(d) Be held harmless from criminal and civil liability arising
under the provisions of this section provided the following criteria
are met:
(i) The finding of the remains was based on inadvertent discovery;
(ii) The requirements of the subsection are otherwise met; and
(iii) The person is otherwise in compliance with applicable law.
(3) The coroner must make a determination whether the skeletal
human remains are forensic or nonforensic within five business days of
receiving notification of a finding of such remains provided that there
is sufficient evidence to make such a determination within that time
period. The coroner will retain jurisdiction over forensic remains.
(a) Upon determination that the remains are nonforensic, the
coroner must notify the ((department)) office of archaeology and
historic preservation within two business days. The ((department))
office will have jurisdiction over such remains until provenance of the
remains is established. A determination that remains are nonforensic
does not create a presumption of removal or nonremoval.
(b) Upon receiving notice from a coroner of a finding of
nonforensic skeletal human remains, the ((department)) office must
notify the appropriate local cemeteries, and all affected Indian tribes
via certified mail to the head of the appropriate tribal government,
and contact the appropriate tribal cultural resources staff within two
business days of the finding. The determination of what are
appropriate local cemeteries to be notified is at the discretion of the
((department)) office. A notification to tribes of a finding of such
nonforensic skeletal human remains does not create a presumption that
the remains are Indian.
(c) The state physical anthropologist must make an initial
determination of whether nonforensic skeletal human remains are Indian
or non-Indian to the extent possible based on the remains within two
business days of notification of a finding of such nonforensic remains.
If the remains are determined to be Indian, the ((department)) office
must notify all affected Indian tribes via certified mail to the head
of the appropriate tribal government within two business days and
contact the appropriate tribal cultural resources staff.
(d) The affected tribes have five business days to respond via
telephone or writing to the ((department)) office as to their interest
in the remains.
(4) For the purposes of this section:
(a) "Affected tribes" are:
(i) Those federally recognized tribes with usual and accustomed
areas in the jurisdiction where the remains were found;
(ii) Those federally recognized tribes that submit to the
((department)) office maps that reflect the tribe's geographical area
of cultural affiliation; and
(iii) Other tribes with historical and cultural affiliation in the
jurisdiction where the remains were found.
(b) "Forensic remains" are those that come under the jurisdiction
of the coroner pursuant to RCW 68.50.010.
(c) "Inadvertent discovery" has the same meaning as used in RCW
27.44.040.
(5) Nothing in this section constitutes, advocates, or otherwise
grants, confers, or implies federal or state recognition of those
tribes that are not federally recognized pursuant to 25 C.F.R. part 83,
procedures for establishing that an American Indian group exists as an
Indian tribe.
Sec. 236 RCW 68.60.060 and 2009 c 102 s 23 are each amended to
read as follows:
Any person who violates any provision of this chapter is liable in
a civil action by and in the name of the ((department)) office of
archaeology and historic preservation to pay all damages occasioned by
their unlawful acts. The sum recovered shall be applied in payment for
the repair and restoration of the property injured or destroyed and to
the care fund if one is established.
Sec. 237 RCW 82.73.010 and 2010 c 30 s 4 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Applicant" means a person applying for a tax credit under this
chapter.
(2) "Contribution" means cash contributions.
(3) "Department" means the department of revenue.
(4) "Main street trust fund" means the Washington main street trust
fund account under RCW 43.360.050.
(5) "Person" has the meaning given in RCW 82.04.030.
(6) "Program" means a nonprofit organization under internal revenue
code sections 501(c)(3) or 501(c)(6), with the sole mission of
revitalizing a downtown or neighborhood commercial district area, that
is designated by the ((department)) office of archaeology and historic
preservation as described in RCW 43.360.010 through 43.360.050.
Sec. 238 RCW 82.73.050 and 2010 c 30 s 5 are each amended to read
as follows:
The ((department)) office of archaeology and historic preservation
shall provide information to the department to administer this chapter,
including a list of designated programs that shall be updated as
necessary.
Sec. 239 RCW 88.02.660 and 2010 c 161 s 1031 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 this chapter must 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 natural resources an amount
equal to the reasonable administrative expenses of ((that agency)) the
office of archaeology and historic preservation 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)) office of
archaeology and historic preservation shall discontinue the collection
of the voluntary donations in conjunction with the registration of
vessels under RCW 88.02.580, 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 must be provided to the
((department)) office of archaeology and historic preservation, and the
remainder must be deposited into the parks renewal and stewardship
account.
(6) The secretary of state, the directors of the state historical
societies, the ((director)) preservation office of the ((department))
office of archaeology and historic preservation within the department
of ((commerce)) natural resources, 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 88.02.580.
Sec. 240 RCW 90.48.366 and 2007 c 347 s 1 are each amended to
read as follows:
The department, in consultation with the departments of fish and
wildlife and natural resources, and the parks and recreation
commission, shall adopt rules establishing a compensation schedule for
the discharge of oil in violation of this chapter and chapter 90.56
RCW. The amount of compensation assessed under this schedule shall be
no less than one dollar per gallon of oil spilled and no greater than
one hundred dollars per gallon of oil spilled. The compensation
schedule shall reflect adequate compensation for unquantifiable damages
or for damages not quantifiable at reasonable cost for any adverse
environmental, recreational, aesthetic, or other effects caused by the
spill and shall take into account:
(1) Characteristics of any oil spilled, such as toxicity,
dispersibility, solubility, and persistence, that may affect the
severity of the effects on the receiving environment, living organisms,
and recreational and aesthetic resources;
(2) The sensitivity of the affected area as determined by such
factors as: (a) The location of the spill; (b) habitat and living
resource sensitivity; (c) seasonal distribution or sensitivity of
living resources; (d) areas of recreational use or aesthetic
importance; (e) the proximity of the spill to important habitats for
birds, aquatic mammals, fish, or to species listed as threatened or
endangered under state or federal law; (f) significant archaeological
resources as determined by the ((department)) office of archaeology and
historic preservation; and (g) other areas of special ecological or
recreational importance, as determined by the department; and
(3) Actions taken by the party who spilled oil or any party liable
for the spill that: (a) Demonstrate a recognition and affirmative
acceptance of responsibility for the spill, such as the immediate
removal of oil and the amount of oil removed from the environment; or
(b) enhance or impede the detection of the spill, the determination of
the quantity of oil spilled, or the extent of damage, including the
unauthorized removal of evidence such as injured fish or wildlife.
NEW SECTION. Sec. 241 The following sections are recodified as
sections in chapter 43.334 RCW: RCW 43.334.080, 27.34.200, 27.34.220,
27.34.230, 27.34.240, 27.34.250, 27.34.260, 27.34.270, 27.34.280,
27.34.400, 27.34.410, and 27.34.415.
NEW SECTION. Sec. 242 The following acts or parts of acts are
each repealed:
(1) RCW 43.334.030 (Director powers and duties) and 2005 c 333 s 3;
(2) RCW 43.334.040 (Departmental divisions) and 2005 c 333 s 4;
(3) RCW 43.334.050 (Deputy director--Department personnel
director--Assistant directors) and 2005 c 333 s 5; and
(4) RCW 43.334.900 (Transfer of powers, duties, and functions) and
2005 c 333 s 12.
Sec. 301 RCW 27.34.060 and 1983 c 91 s 6 are each amended to read
as follows:
Each state historical society shall submit its budget requests to
the ((heritage council)) director of the department of heritage, arts,
and culture for review and comment.
Sec. 302 RCW 27.34.330 and 2006 c 371 s 232 are each amended to
read as follows:
The Washington state historical society shall establish a
competitive process to solicit proposals for and prioritize heritage
capital projects for potential funding in the state capital budget.
The society shall adopt rules governing project eligibility and
evaluation criteria. Application for funding of specific projects may
be made to the society by local governments, public development
authorities, nonprofit corporations, tribal governments, and other
entities, as determined by the society. The society, with the advice
of leaders in the heritage field, including but not limited to
representatives from the office of the secretary of state, the eastern
Washington state historical society, and the ((department)) office of
archaeology and historic preservation, shall establish and submit a
prioritized list of heritage capital projects to the governor and the
legislature in the society's biennial capital budget request. The list
shall include a description of each project, the amount of recommended
state funding, and documentation of nonstate funds to be used for the
project. The total amount of recommended state funding for projects on
a biennial project list shall not exceed ten million dollars. The
prioritized list shall be developed through open and public meetings
and the amount of state funding shall not exceed thirty-three percent
of the total cost of the project. The nonstate portion of the total
project cost may include cash, the value of real property when acquired
solely for the purpose of the project, and in-kind contributions. The
department shall not sign contracts or otherwise financially obligate
funds under this section until the legislature has approved a specific
list of projects. In contracts for grants authorized under this
section, the society shall include provisions requiring that capital
improvements be held by the grantee for a specified period of time
appropriate to the amount of the grant and that facilities be used for
the express purpose of the grant. If the grantee is found to be out of
compliance with provisions of the contract, the grantee shall repay to
the state general fund the principal amount of the grant plus interest
calculated at the rate of interest on state of Washington general
obligation bonds issued most closely to the date of authorization of
the grant.
NEW SECTION. Sec. 303 The following sections are recodified as
sections in chapter 43.334 RCW: RCW 27.34.010, 27.34.060, 27.34.075,
27.34.080, 27.34.330, 27.34.350, 27.34.360, 27.34.365, 27.34.370,
27.34.375, 27.34.390, 27.34.395, 27.34.900, 27.34.906, 27.34.910,
27.34.915, and 27.34.916.
NEW SECTION. Sec. 304 RCW 27.34.380 (Women's history
consortium -- Report to the legislature) and 2005 c 391 s 6 are each
repealed.
Sec. 401 RCW 43.46.015 and 1999 c 241 s 1 are each amended to
read as follows:
There is established a Washington state arts commission within the
department of heritage, arts, and culture. The department shall be the
state's art agency. The commission consists of ((nineteen)) thirteen
members appointed by the ((governor and four members of the
legislature, one from each caucus in the senate and appointed by the
president of the senate and one from each caucus in the house of
representatives and appointed by the speaker of the house of
representatives)) director. The ((governor)) director shall appoint
citizens representing the various disciplines within the visual,
performing and literary arts, and other citizens active in the arts
community. The ((governor)) director shall consider nominations for
membership from individuals actively involved in cultural, state or
community organizations. The ((governor)) director shall also consider
geographical distribution of the membership in the appointment of new
members.
Sec. 402 RCW 43.46.030 and 1985 c 317 s 3 are each amended to
read as follows:
Members shall serve three year terms. ((A legislative member shall
serve as long as he or she is a member of the legislative body from
which he or she was appointed.)) Each member will continue to serve
until a successor is appointed. Vacancies shall be filled by
appointment for the remainder of the unexpired term.
Sec. 403 RCW 43.46.040 and 1985 c 317 s 4 are each amended to
read as follows:
Members of the commission shall serve without compensation.
((However, nonlegislative)) Members shall be reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060 ((and legislative
members shall be reimbursed as provided in RCW 44.04.120)). The
commission shall organize, elect a chairperson annually, and adopt
rules pursuant to chapter 34.05 RCW. A majority of its members
constitute a quorum. Any action as defined in RCW 42.30.020(3) shall
be taken only at a meeting at which a quorum is present.
Sec. 404 RCW 43.46.085 and 2007 c 128 s 3 are each amended to
read as follows:
The poet laureate account is created in the custody of the state
treasurer. All receipts from gifts, grants, or endowments from public
or private sources must be deposited into the account. Expenditures
from the account may only be used for the poet laureate program. Only
the ((executive director of the commission or the executive)) director
of the department of heritage, arts, and culture or the director's
designee may authorize expenditures from the account. The account is
subject to allotment procedures under chapter 43.88 RCW, but an
appropriation is not required for expenditures.
NEW SECTION. Sec. 501 (1) The department of archaeology and
historic preservation is hereby abolished and its powers, duties, and
functions are hereby transferred to the office of archaeology and
historic preservation within the department of heritage, arts, and
culture. All references to the director or the department of
archaeology and historic preservation in the Revised Code of Washington
shall be construed to mean the director or the department of heritage,
arts, and culture.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the department of
archaeology and historic preservation shall be delivered to the custody
of the department of heritage, arts, and culture. All cabinets,
furniture, office equipment, motor vehicles, and other tangible
property employed by the department of archaeology and historic
preservation shall be made available to the department of heritage,
arts, and culture. All funds, credits, or other assets held by the
department of archaeology and historic preservation shall be assigned
to the department of heritage, arts, and culture for use by the office
of archaeology and historic preservation.
(b) Any appropriations made to the department of archaeology and
historic preservation shall, on the effective date of this section, be
transferred and credited to the department of heritage, arts, and
culture.
(c) If 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 archaeology and historic
preservation are transferred to the jurisdiction of the department of
heritage, arts, and culture. All employees classified under chapter
41.06 RCW, the state civil service law, are assigned to the department
of heritage, arts, and culture 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
archaeology and historic preservation shall be continued and acted upon
by the department of heritage, arts, and culture. All existing
contracts and obligations shall remain in full force and shall be
performed by the department of heritage, arts, and culture.
(5) The transfer of the powers, duties, functions, and personnel of
the department of archaeology and historic preservation 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) The bargaining unit of employees at the department of
archaeology and historic preservation existing on the effective date of
this section shall be considered an appropriate unit at the department
of heritage, arts, and culture and will be so certified by the public
employment relations commission. The exclusive bargaining
representative recognized as representing the bargaining unit of
employees at the department of archaeology and historic preservation
existing on the effective date of this section shall continue as the
exclusive bargaining representative of the transferred bargaining unit
without the necessity of an election.
NEW SECTION. Sec. 502 (1) The Washington state arts commission
is hereby transferred to the department of heritage, arts, and culture.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the Washington state
arts commission shall be delivered to the custody of the department of
heritage, arts, and culture. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
Washington state arts commission shall be made available to the
department of heritage, arts, and culture. All funds, credits, or
other assets held by the Washington state arts commission shall be
assigned to the department of heritage, arts, and culture.
(b) Any appropriations made to the Washington state arts commission
shall, on the effective date of this section, be transferred and
credited to the department of heritage, arts, and culture.
(c) If 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 Washington state arts commission are
transferred to the jurisdiction of the department of heritage, arts,
and culture. All employees classified under chapter 41.06 RCW, the
state civil service law, are assigned to the department of heritage,
arts, and culture 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 Washington state
arts commission shall be continued and acted upon by the Washington
state arts commission within the department of heritage, arts, and
culture. All existing contracts and obligations shall remain in full
force and shall be performed by the Washington state arts commission
within the department of heritage, arts, and culture.
(5) The transfer of the powers, duties, functions, and personnel of
the Washington state arts commission 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) The bargaining unit of employees at the Washington state arts
commission existing on the effective date of this section shall be
considered an appropriate unit at the department of heritage, arts, and
culture and will be so certified by the public employment relations
commission. The exclusive bargaining representative recognized as
representing the bargaining unit of employees at the Washington state
arts commission existing on the effective date of this section shall
continue as the exclusive bargaining representative of the transferred
bargaining unit without the necessity of an election.
NEW SECTION. Sec. 503 (1) The state historical societies are
hereby transferred to the department of heritage, arts, and culture.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the state historical
societies shall be delivered to the custody of the department of
heritage, arts, and culture. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
state historical societies shall be made available to the department of
heritage, arts, and culture. All funds, credits, or other assets held
by the state historical societies shall be assigned to the department
of heritage, arts, and culture for use by the state historical
societies.
(b) Any appropriations made to the state historical societies
shall, on the effective date of this section, be transferred and
credited to the department of heritage, arts, and culture.
(c) If 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 state historical societies are transferred
to the jurisdiction of the department of heritage, arts, and culture.
All employees classified under chapter 41.06 RCW, the state civil
service law, are assigned to the department of heritage, arts, and
culture 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 state historical
societies shall be continued and acted upon by the state historical
societies within the department of heritage, arts, and culture. All
existing contracts and obligations shall remain in full force and shall
be performed by the state historical societies within the department of
heritage, arts, and culture.
(5) The transfer of the powers, duties, functions, and personnel of
the state historical societies 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) The bargaining unit of employees at the state historical
societies existing on the effective date of this section shall be
considered an appropriate unit at the department of heritage, arts, and
culture and will be so certified by the public employment relations
commission. The exclusive bargaining representative recognized as
representing the bargaining unit of employees at the state historical
societies existing on the effective date of this section shall continue
as the exclusive bargaining representative of the transferred
bargaining unit without the necessity of an election.
NEW SECTION. Sec. 504 The code reviser must develop and submit
legislation for the 2012 legislative session that updates and corrects
statutes to reflect the changes in this act.
NEW SECTION. Sec. 505 Except for section 106 of this act, this
act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing
public institutions, and takes effect July 1, 2011.
NEW SECTION. Sec. 506 Section 105 of this act expires January 1,
2012.
NEW SECTION. Sec. 507 Section 106 of this act takes effect
January 1, 2012.