AN ACT Relating to the heritage commission; amending RCW 27.34.020, 27.34.030, 27.34.040, 27.34.060, 27.34.070, 46.16.270, 46.16.650, 27.60.080, 27.34.280, and 43.126.025; adding new sections to chapter 27.34 RCW; repealing RCW 27.34.010 and 27.34.050; making appropriations; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 27.34 RCW to read as follows:

The legislature finds that Washington state's centennial year of 1989 is an appropriate time to ensure the future of the state's past. The legislature finds that it is important to preserve and interpret Washington's history, including artifacts, documents, properties, and traditions which illustrate the heritage of the state for the use and benefit of the people of the state.

It is the purpose of this chapter to improve the coherence and comprehensiveness of the heritage program in Washington state that recognizes and preserves the rich heritage of its diverse peoples. The program is intended to provide a single focal point for heritage programs in state government, to provide advice to the governor and legislature on how the state should direct its resources to support heritage activities, and to address the concerns of and coordinate with local governments and the private sector as well. The objectives of this chapter are:

(1) To instill people's pride in Washington by improving their understanding and appreciation of the state's heritage;

(2) To improve the management and protection of state resources, including but not limited to archaeological and historic sites, archives, artifacts, documents, and photographs;

(3) To work with other state and local agencies in identifying the need for locating, designing, and installing directional signs and historic markers;

(4) To foster partnerships and provide incentives to encourage private and public efforts to accomplish heritage goals; and

(5) To establish a coordinated budget for all state historical agencies.

Sec. 2. Section 2, chapter 91, Laws of 1983 as amended by section 9, chapter 266, Laws of 1986 and RCW 27.34.020 are each amended to read as follows:

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

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

(2) "Department" means the department of community development.

(3) "Director" means the director of community development.

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

(5) ((~~"Heritage council" means the Washington state heritage council~~)) "Heritage" means traditions, values, and resources inherited from the past that have cultural value for the present and future. Heritage encompasses, but is not limited to, the disciplines of archaeology, archives, ethnic and native American culture, folklife and folklore, history, historic preservation, and museology.

(6) "Heritage commission" means the Washington state heritage commission.

(7) "Heritage community" means any person or organization which supports preservation and interpretation of Washington's heritage.

(8) "Heritage resources" means a diverse range of cultural and historic resources including historic and archaeological properties, artifacts, historical objects, manuscripts and published documents, oral history, and ethnic and folklife traditions.

(9) "Heritage resource center" means a unit that provides technical assistance to the heritage community and is the successor to the centennial resource center and native American resource center programs established by the state capitol historical association and the Washington centennial commission.

(10) "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)~~)) (11) "Nonstate heritage organization" means an organization, which is not a state agency, that is involved in activities to support preservation and interpretation of heritage resources in the state of Washington. This definition excludes the state historical societies which are considered state historical agencies.

(12) "Office" means the office of archaeology and historic preservation within the department of community development.

((~~(8)~~)) (13) "Preservation officer" means the state historic preservation officer as provided for in RCW 27.34.210.

((~~(9)~~)) (14) "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, including highway directional signs and historical markers.

((~~(10)~~)) (15) "State historical agencies" means the state historical societies and the office of archaeology and historic preservation within the department of community development.

((~~(11)~~)) (16) "State historical societies" means the Washington state historical society, the eastern Washington state historical society, and the state capital historical association.

((~~(12)~~)) (17) "Cultural resource management plan" means a comprehensive plan which identifies and organizes information on the state of Washington's historic, archaeological, and architectural resources into a set of management criteria, and which is to be used for producing reliable decisions, recommendations, and advice relative to the identification, evaluation, and protection of these resources.

Sec. 3. Section 3, chapter 91, Laws of 1983 and RCW 27.34.030 are each amended to read as follows:

There is hereby created the Washington state heritage ((~~council~~)) commission. The ((~~purposes of the council are to~~)) commission shall:

(1) ((~~Adopt and maintain a state-wide plan pertaining to archaeology, history, historic preservation, and other historical matters;~~

~~(2) Monitor implementation of the plan by the state historical agencies and report any deficiencies to the legislature and the governor; and~~

~~(3) Review and comment on the budget requests of the state historical agencies based on the state-wide plan~~)) Prepare an annual report to the governor and the legislature on the state's heritage program, listing achievements, identifying opportunities and challenges, and addressing issues expressed at annual state-wide heritage conferences;

(2) Monitor the implementation of a state-wide heritage program adopting certain lasting legacy recommendations of the 1989 centennial commission to improve Washington's heritage programs;

(3) Present an action plan to the governor and the legislature by 1991. Issues to be addressed may include recommendations to improve the state's cooperation with local governments and the private sector, improvements in the way the state directs funds for heritage programs, and coordination of state heritage programs;

(4) Establish and administer the allocation of funds from the grants-in-aid account according to section 7 of this act;

(5) Monitor and provide oversight to the activities of the heritage resource center;

(6) Review and comment on legislation and budget requests for heritage-related projects and activities to the governor and the legislature for compliance with the goals of this chapter, including more effective and efficient use of public resources to promote heritage activities;

(7) Facilitate communication within the heritage community by providing public input opportunities on a variety of heritage issues and providing public information about heritage activities of state agencies and nonstate organizations;

(8) Provide information to the heritage community through publication of a state-wide newsletter and occasional other publications;

(9) Sponsor one or more annual heritage conferences to solicit broad public comments on the state of heritage in Washington;

(10) Seek, solicit, and accept grants, gifts, bequests, devices, and matching funds from public and private sources for use in furthering the objectives and duties of the commission;

(11) Retain grants, gifts, bequests, devices, and matching funds from public and private sources in the heritage commission account, hereby created within the state treasury, for use by the commission to accomplish its duties as outlined in this chapter; and

(12) Adopt rules in order to carry out the purposes of this chapter.

Sec. 4. Section 4, chapter 91, Laws of 1983 and RCW 27.34.040 are each amended to read as follows:

(1) The heritage commission shall be comprised of a broad representation of heritage interests and shall include citizens from communities throughout the state. The commission shall provide objective, knowledgeable advice on heritage matters to the governor and the legislature. The heritage ((~~council~~)) commission shall consist of:

((~~(1) A member of the Washington state historical society nominated by the governing board of the society and confirmed by the governor;~~

~~(2) A member of the eastern Washington state historical society nominated by the governing board of the society and confirmed by the governor;~~

~~(3) A member of the state capital historical association nominated by the governing board of the association and confirmed by the governor;~~

~~(4) The secretary of state; and~~

~~(5) Five persons appointed by the governor who are experienced and knowledgeable in historical and archaeological matters.~~

The council shall elect a chairperson from among its members. The secretary of state shall serve as an ex officio member of the council. The remaining council members shall serve four-year terms except initial members whose terms shall be as follows: Two members appointed for four years, two members appointed for three years, two members appointed for two years, and two members appointed for one year. Any vacancies shall be filled in the same manner as the original appointments for the balance of the unexpired term. The secretary of state shall serve on the council without additional compensation. All other council members shall serve without compensation but shall be reimbursed for travel expenses incurred in the performance of the duties of the council as provided in RCW 43.03.050 and 43.03.060. The council shall meet at least once a quarter and at the call of the chairperson. Five members of the council shall constitute a quorum.))

(a) Two members of the house of representatives appointed by the speaker of the house of representatives, each from a different political party;

(b) Two members of the senate appointed by the president of the senate, each from a different political party;

(c) Eleven citizen members appointed by the governor. In making the appointments, the governor shall seek to reflect the diversity of the heritage community and balance representation from small and large, public and private, rural and urban, volunteer and professional, and local and state-wide organizations. The governor should look to the following areas of interest or expertise when making appointments:

(i) Museum and heritage organizations;

(ii) Historic preservation;

(iii) Ethnic heritage;

(iv) Native American tribal community;

(v) Archaeologists with expertise in Washington archaeology;

(vi) Teachers of Washington history from a primary, secondary, or postsecondary educational institution;

(vii) Archival management and library science;

(viii) Other fields related to heritage, including but not limited to folklore and folklife and genealogy;

(ix) Citizens experienced in business or civic affairs, especially in marketing, public relations, tourism, and financial management.

(2) The chairperson of the commission shall be appointed by the governor from among the citizen members.

(3) Commission members shall serve without compensation but shall be reimbursed for travel expenses incurred in the performance of the duties of the commission. Legislative members shall be reimbursed as provided in RCW 44.04.120.

(4) Commission members shall serve three-year terms. Four initial appointments may be made for one-year terms and four initial appointments may be for two-year terms. Three consecutive absences from regularly scheduled quarterly meetings of the full commission shall constitute a resignation from the commission. Vacancies shall be filled in the same manner as the original appointments for the balance of the unexpired term.

(5) The commission shall meet quarterly and when called by the governor or chairperson of the commission.

(6) The governor shall appoint a director for the heritage commission. The director may employ such additional staff as may be necessary.

Sec. 5. Section 6, chapter 91, Laws of 1983 and RCW 27.34.060 are each amended to read as follows:

Each state historical ((~~society~~)) agency shall submit its biennial budget request((s)) to the heritage ((~~council~~)) commission for review and comment on the same date that the agency submits its budget request to the office of financial management.

Sec. 6. Section 7, chapter 91, Laws of 1983 and RCW 27.34.070 are each amended to read as follows:

(1) Each state historical society is designated a trustee for the state whose powers and duties include but are not limited to the following:

(a) To collect, catalog, preserve, and interpret objects, manuscripts, sites, photographs, and other materials illustrative of the cultural, artistic, and natural history of this state;

(b) To operate state museums and assist and encourage cultural and historical studies and museum interpretive efforts throughout the state, including those sponsored by local historical organizations, and city, county, and state agencies;

(c) To engage in cultural, artistic, and educational activities, including classes, exhibits, publications, seminars, workshops, and conferences ((~~if these activities are~~)) related to the basic purpose of the society;

(d) To plan for and conduct celebrations of significant events in the history of the state of Washington and to give assistance to and coordinate with state agencies, local governments, and local historical organizations in planning and conducting celebrations;

(e) To create one or more classes of membership in the society;

(f) To engage in the sale of various articles which are related to the basic purpose of the society;

(g) To engage in appropriate fund-raising activities for the purpose of increasing the self-support of the society;

(h) To accept gifts, grants, conveyances, bequests, and devises, of real or personal property, or both, in trust or otherwise, and sell, lease, exchange, invest, or expend the same or the proceeds, rents, profits, and income therefrom except as limited by the donor's terms. The governing boards of the state historical societies shall adopt rules to govern and protect the receipt and expenditure of the proceeds, rents, profits, and income of all such gifts, grants, conveyances, bequests, and devises;

(i) To accept on loan or lend objects of historical interest, and sell, exchange, divest itself of, or refuse to accept, items which do not enhance the collection; and

(j) To charge general or special admission fees to its museums or exhibits and to waive or decrease such fees as it finds appropriate((~~; and~~

~~(k) To work with the heritage council in developing the plan under RCW 27.34.050~~)).

(2) All objects, sites, manuscripts, photographs, and all property, including real property, now held or hereafter acquired by the state historical societies shall be held by the societies in trust for the use and benefit of the people of Washington state.

NEW SECTION. Sec. 7. A new section is added to chapter 27.34 RCW to read as follows:

The heritage grants-in-aid account is established in the state treasury. Moneys deposited into the account shall be used by the heritage commission, upon appropriation, only to fund grants-in-aid for nonstate heritage organizations, state historical agencies, and other state agencies as provided in this chapter. The heritage grants-in-aid program may fund a variety of activities including program grants for state historical agencies and other state agencies, as well as operating and program grants for nonstate heritage organizations, in accordance with rules adopted by the heritage commission.

Sec. 8. Section 2, chapter 178, Laws of 1987 and RCW 46.16.270 are each amended to read as follows:

Replacement plates issued after January 1, 1987, will be centennial plates as described in RCW 46.16.650. Revenues generated from the centennial plate shall go in part to support local and state ((~~centennial~~)) heritage activities as provided in RCW 27.60.080. One dollar per plate of the replacement plate fee(s) will be distributed as follows: From January 1, 1987, through June 30, 1989, one-half of the fee shall be deposited in the centennial commission account, and the remainder shall be deposited in the motor vehicle fund. Commencing July 1, 1989, ((~~the total replacement plate fee including~~)) one-half of the one dollar per plate centennial plate fee shall be deposited in the motor vehicle fund and the remainder shall be deposited in the heritage grants-in-aid account administered according to RCW 27.34.030.

Upon the loss, defacement, or destruction of one or both of the vehicle license number plates issued for any vehicle where more than one plate was originally issued or where one or both have become so illegible or in such a condition as to be difficult to distinguish, or upon the owner's option, the owner of the vehicle shall make application for new vehicle license number plates upon a form furnished by the director, upon which form it shall be required that the owner, if appropriate and in addition to other requirements, make a complete statement as to the cause of the loss, defacement, or destruction of the original plate or plates, which statement shall be subscribed and sworn to before a notary public or other person authorized to certify to statements upon vehicle license applications. Such application shall be filed with the director or the director's authorized agent, accompanied by the certificate of license registration of the vehicle and a fee in the amount of three dollars per plate, whereupon the director, or the director's authorized agent, shall issue new vehicle license number plates to the applicant. It shall be accompanied by a fee of two dollars for a new motorcycle license number plate. In the event the director has issued license period tabs or a windshield emblem instead of vehicle license number plates, and upon the loss, defacement, or destruction of the tabs or windshield emblem, application shall be made on a form provided by the director and in the same manner as above described, and shall be accompanied by a fee of one dollar for each pair of tabs or for each windshield emblem, whereupon the director shall issue to the applicant a duplicate pair of tabs or a windshield emblem to replace those lost, defaced, or destroyed. For those vehicles owned, rented, or leased by the state of Washington or by any county, city, town, school district, or other political subdivision of the state of Washington or United States government, or owned or leased by the governing body of an Indian tribe as defined in RCW 46.16.020, a fee shall be charged for replacement of a vehicle license number plate only to the extent required by the provisions of RCW 46.16.020, 46.16.061, 46.16.237, and 46.01.140. For those vehicles owned, rented, or leased by foreign countries or international bodies to which the United States government is a signatory by treaty, the payment of any fee for the replacement of a vehicle license number plate shall not be required.

Sec. 9. Section 1, chapter 178, Laws of 1987 and RCW 46.16.650 are each amended to read as follows:

In order to help publicize and commemorate the state's 1989 anniversary celebration of its admission to the Union, a new centennial design shall be developed by the department for vehicle license plates that uses reflectorized materials necessary to provide adequate visibility and legibility at night.

The centennial plates shall be developed in cooperation with the design selection committee appointed by the director. The committee shall include representation from the Washington centennial commission.

Registration numbers and letters for the centennial plate shall be assigned by the department in accordance with established procedures. Distribution of the centennial license plates shall commence January 1, 1987, to all new vehicle registrations and license plate replacements. In addition, the centennial plate shall be available for purchase by all other vehicle owners at the owner's option.

Revenues generated from the centennial plate shall go in part to support local and state ((~~centennial~~)) heritage activities as provided in RCW 27.60.080. In addition to the basic fees for new vehicle registrations provided in RCW 46.16.060, 46.16.065, 46.16.505, and 46.16.630 and the license fees for new vehicle registrations provided in RCW 46.16.070 and 46.16.085, persons purchasing centennial plates shall pay an additional fee of one dollar per plate to be distributed as follows: From January 1, 1987, through June 30, 1989, one-half of the fee shall be deposited in the centennial commission account, and the remainder shall be deposited in the motor vehicle fund. Commencing July 1, 1989, ((~~the total~~)) one-half of the one dollar per plate fee shall be deposited in the motor vehicle fund and the remainder shall be deposited in the heritage grants-in-aid account administered according to RCW 27.34.030.

Sec. 10. Section 3, chapter 280, Laws of 1986 and RCW 27.60.080 are each amended to read as follows:

In support of centennial activities of the centennial commission, and as provided for in RCW 46.16.650, revenues shall be made available by appropriation to the centennial commission until June 30, 1989. One-half of the moneys so provided shall be distributed to counties in the state for use by their respective county centennial commissions or committees. Distribution of such moneys shall be made by the 1989 Washington centennial commission according to rules adopted by the commission. The rules shall provide for distribution to the respective counties on the basis of the number of centennial plates issued to residents in those counties, with minimum amounts established to be distributed to those counties with small populations, regardless of the number of centennial plates issued.

The remaining one-half of the moneys shall be used for funding projects deemed to be of state-wide significance by the centennial commission in accordance with rules adopted by the commission.

This section shall expire on ((~~December 31, 1993~~)) September 30, 1989. Any funds remaining in the centennial commission account on that date in excess of the amount necessary to satisfy outstanding centennial commission obligations shall revert to the ((~~general fund~~)) heritage grants-in-aid account.

Sec. 11. Section 16, chapter 91, Laws of 1983 as amended by section 15, chapter 266, Laws of 1986 and RCW 27.34.280 are each amended to read as follows:

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

Sec. 12. Section 2, chapter 273, Laws of 1983 and RCW 43.126.025 are each amended to read as follows:

There is hereby created a Washington state board on geographic names composed of:

(1) The state librarian or a representative;

(2) The commissioner of public lands or a representative;

(3) The chairperson of the Washington state heritage ((~~council created by 1983 law~~)) commission; and

(4) Four members from the general public to be appointed by the commissioner of public lands.

The commissioner of public lands or his or her representative shall be chairman of the board.

The members of the initial board to be appointed by the commissioner shall be appointed as follows: One member for a one-year term, one member for a two-year term, one member for a three-year term, and one member for a four-year term. Thereafter, each member shall be appointed for a three-year term. Each member of the board shall continue in office until a successor is appointed.

NEW SECTION. Sec. 13. A new section is added to chapter 27.34 RCW to read as follows:

A heritage resource center is established to provide a technical assistance program to the heritage community. The heritage commission shall provide oversight and monitor the program. The center shall:

(1) Employ or contract with persons, agencies, and organizations with expert training and knowledge to assist the heritage community with the preservation and interpretation of Washington's heritage;

(2) Provide on-site assistance to museums, heritage organizations, local governments, and other organizations with the preservation and interpretation of heritage resources;

(3) Provide training in the preservation, interpretation, and display of heritage resources to museums, heritage organizations, local governments, and other organizations.

NEW SECTION. Sec. 14. (1) The sum of seven hundred twenty-five thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the the Washington state heritage commission as follows:

(a) Four hundred thousand dollars of this amount, or as much thereof as may be necessary, shall be used to carry out the purposes of this act including paying salary, travel, and operating expenses;

(b) Three hundred twenty-five thousand dollars of this amount, or as much as may be necessary, shall be used to fund the heritage resource center.

(2) The sum of five hundred thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the heritage grants-in-aid account to the Washington state heritage commission, for the purpose of funding grants-in-aid to heritage organizations and projects.

NEW SECTION. Sec. 15. The following acts or parts of acts are each repealed:

(1) Section 1, chapter 91, Laws of 1983 and RCW 27.34.010; and

(2) Section 5, chapter 91, Laws of 1983 and RCW 27.34.050.

NEW SECTION. Sec. 16. 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 shall take effect immediately.