AN ACT Relating to the Washington state arts commission; amending RCW 28A.58.055, 28B.10.027, 43.17.200, and 43.46.055; adding a new section to chapter 43.46 RCW; adding new sections to chapter 43.131 RCW; and repealing RCW 43.46.005, 43.46.015, 43.46.030, 43.46.040, 43.46.045, 43.46.050, 43.46.055, 43.46.060, 43.46.070, 43.46.090, 43.46.095, and 43.46.900.

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

Sec. 1. Section 5, chapter 176, Laws of 1974 ex. sess. as last amended by section 7, chapter 204, Laws of 1983 and RCW 28A.58.055 are each amended to read as follows:

The state board of education and superintendent of public instruction shall allocate, as a nondeductible item, out of any moneys appropriated for state assistance to school districts for the original construction of any school plant facility the amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission for the acquisition of works of art. The works of art may be placed in accordance with Article IX, sections 2 and 3 of the state Constitution on public lands, integral to or attached to a public building or structure, detached within or outside a public building or structure, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. The Washington state arts commission shall, in consultation with the superintendent of public instruction, determine the amount to be made available for the purchase of works of art under this section, and payments therefor shall be made in accordance with law. The designation of projects and sites, selection, contracting, purchase, commissioning, reviewing of design, execution and placement, acceptance, maintenance, and sale, exchange, or disposition of works of art shall be the responsibility of the Washington state arts commission in consultation with the superintendent of public instruction and representatives of school district boards of directors. However, the costs to carry out the Washington state arts commission's responsibility for maintenance shall not be funded from the moneys referred to under this section, RCW 43.17.200, 43.19.455, or 28B.10.025, but shall be contingent upon adequate appropriations being made for that purpose: PROVIDED, That the superintendent of public instruction and the school district board of directors of the districts where the sites are selected shall have the right to:

(1) Waive its use of the one-half of one percent of the appropriation for the acquisition of works of art before the selection process by the Washington state arts commission;

(2) Appoint a representative to the body established by the Washington state arts commission to be part of the selection process with full voting rights;

(3) Reject the results of the selection process;

(4) Reject the placement of a completed work or works of art on school district premises if such works are portable.

Rejection at any point before or after the selection process shall not cause the loss of or otherwise endanger state construction funds available to the local school district. Any works of art rejected under this section shall be applied to the provision of works of art under this chapter, at the discretion of the Washington state arts commission, notwithstanding any contract or agreement between the affected school district and the artist involved. ((~~In addition to the cost of the works of art~~)) The one-half of one percent of the appropriation as provided herein shall not be used to provide for the administration by the Washington state arts commission ((~~and all~~)) but may be used for costs for installation of the work of art. For the purpose of this section building shall not include sheds, warehouses or other buildings of a temporary nature.

The executive director of the arts commission, the superintendent of public instruction and the Washington state school directors association shall appoint a study group to review the operations of the one-half of one percent for works of art under this section.

Sec. 2. Section 9, chapter 204, Laws of 1983 and RCW 28B.10.027 are each amended to read as follows:

All universities and colleges shall allocate as a nondeductible item, out of any moneys appropriated for the original construction or any major renovation or remodel work exceeding two hundred thousand dollars of any building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission with the approval of the board of regents or trustees for the acquisition of works of art. The works of art may be placed on public lands of institutions of higher education, integral to or attached to a public building or structure of institutions of higher education, detached within or outside a public building or structure of institutions of higher education, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities.

((~~In addition to the cost of the works of art~~)) The one-half of one percent of the appropriation shall not be used to provide for the administration of the visual arts program by the Washington state arts commission ((~~and all~~)) but may be used for costs for installation of the work of art. For the purpose of this section building shall not include sheds, warehouses, and other buildings of a temporary nature.

Sec. 3. Section 2, chapter 176, Laws of 1974 ex. sess. as amended by section 4, chapter 204, Laws of 1983 and RCW 43.17.200 are each amended to read as follows:

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

Sec. 4. Section 1, chapter 125, Laws of 1967 ex. sess. as amended by section 7, chapter 317, Laws of 1985 and RCW 43.46.055 are each amended to read as follows:

(1) The commission may develop, sponsor, promote and administer any activity, project, or program within or without this state which is related to the growth and development of the arts and humanities in the state of Washington and may assist any person or public or private agency to this end.

(2) The commission shall give preference to Washington artists and agencies when sponsoring or promoting activities, projects, and programs associated with the arts and humanities in this state.

(3) Ninety percent of the artists in the artist resource bank shall be Washington residents.

NEW SECTION. Sec. 5. A new section is added to chapter 43.46 RCW to read as follows:

The commission shall cease to exist June 30, 1991, unless extended by law for an additional fixed period of time.

NEW SECTION. Sec. 6. A new section is added to chapter 43.131 RCW to read as follows:

The Washington arts commission and its powers and duties shall be terminated on June 30, 1991, as provided in section 5 of this act.

NEW SECTION. Sec. 7. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1992:

(1) Section 1, chapter 317, Laws of 1985 and RCW 43.46.005;

(2) Section 2, chapter 317, Laws of 1985 and RCW 43.46.015;

(3) Section 43.46.030, chapter 8, Laws of 1965, section 4, chapter 125, Laws of 1967 ex. sess., section 3, chapter 317, Laws of 1985 and RCW 43.46.030;

(4) Section 43.46.040, chapter 8, Laws of 1965, section 4, chapter 317, Laws of 1985 and RCW 43.46.040;

(5) Section 2, chapter 125, Laws of 1967 ex. sess., section 5, chapter 317, Laws of 1985, section 23, chapter 81, Laws of 1988 and RCW 43.46.045;

(6) Section 43.46.050, chapter 8, Laws of 1965, section 6, chapter 317, Laws of 1985 and RCW 43.46.050;

(7) Section 1, chapter 125, Laws of 1967 ex. sess., section 7, chapter 317, Laws of 1985 and RCW 43.46.055;

(8) Section 43.46.060, chapter 8, Laws of 1965 and RCW 43.46.060;

(9) Section 43.46.070, chapter 8, Laws of 1965, section 8, chapter 317, Laws of 1985 and RCW 43.46.070;

(10) Section 1, chapter 176, Laws of 1974 ex. sess., section 1, chapter 204, Laws of 1983 and RCW 43.46.090;

(11) Section 2, chapter 204, Laws of 1983 and RCW 43.46.095; and

(12) Section 10, chapter 317, Laws of 1985 and RCW 43.46.900.