Original Notice.
Preproposal statement of inquiry was filed as WSR 19-16-003.
Title of Rule and Other Identifying Information: WAC 30-02-010 Definitions, the creative districts program is a new program that recently identified a need to make it clearer in the creative district definition that additional entities as approved may qualify as designees.
Hearing Location(s): On November 5, 2019, at 9:30 a.m, at 711 Capitol Way South, Suite 600, Olympia, WA 98504. Written comments are due by November 4, 2019.
Date of Intended Adoption: November 5, 2019.
Submit Written Comments to: Terry J. West, deputy director, 711 Capitol Way South, Suite 600, Olympia, WA 98504, email terry.west@arts.wa.gov, fax 360-586-5351, by November 4, 2019.
Assistance for Persons with Disabilities: Contact Terry J. West, deputy director, phone 360-586-5350, fax 360-586-5351, email terry.west@arts.wa.gov, by November 4, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend the definitions rule to make clear that under creative districts, a local government may include other entities as approved.
Reasons Supporting Proposal: This is a minor clarifying amendment.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Washington state arts commission, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Terry J. West, 711 Capitol Way South, Suite 600, Olympia, 360-586-5350.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
The following definitions shall apply throughout Title 30 WAC:
"Accession" means to formally acquire a work of art for the state art collection, including the action of assigning an accession or control number to the work of art.
"Appeal procedure" means the procedure as established in WAC 30-12-036 (Request for review of denied applications) whereby an applicant may request a review of a denied application.
"Application form" means printed, electronic, or web-based forms created and published by staff and used by the public to apply to commission program applications.
"Application guidelines" means the published document that provides the public with information on how to apply for commission programs, including eligibility requirements, review criteria used to evaluate and score applications, deadlines, timelines, and information on the appeal procedure. Published in print and/or electronic format, guidelines are accessible through the commission's web site.
"Art advisory committee" means a committee formed by staff and a partner agency to develop plans and overall project specifications, and to make funding allocation decisions related to the state art collection.
"Art in public places program" means the visual art program of the commission established by the legislature in RCW
43.46.090 to acquire works of art and to develop, administer, and manage the state art collection.
"Art selection committee" means a committee formed by a partner agency, and approved by staff, to review and select artists to create works of art for the state art collection, or to review and select works of art for or from the state art collection, through a process facilitated by staff.
"Artistic disciplines" means dance, design, folk and traditional arts, media arts, music, literature, theater, visual arts, and interdisciplinary arts.
"Artistic excellence" means evidence of some or all of the following: Mastery of skills and techniques, communication of unique vision or perspective, professional approaches to process and presentation. Additionally, for groups and organizations, includes the contribution the artistic work(s) make to the development of the artists involved, the art form and the arts generally; or for services delivered, the contribution the services make to the development of a vibrant arts and cultural community in the state.
"Arts professional" means an individual who has professional work experience in the arts or an arts-related field.
"Board" means the board of commissioners, consisting of nineteen members appointed by the governor and four members of the legislature appointed to the Washington state arts commission pursuant to RCW
43.46.015.
"Chair" means the chair of the board, elected pursuant to WAC 30-08-050 and fulfilling duties as established in Title 30 WAC.
"Collections management" means the ongoing care, preservation, and maintenance of the state art collection, including activities such as the management of conservation, restoration, deaccession, documentation, inventory, labeling, loans, and resiting of works of art.
"Commission" means the collective entity of the Washington state arts commission, including the board, executive director, and staff.
"Commissioner" means an individual appointed to the board of the Washington state arts commission.
"Conservation" means treatment of malfunctioning or damaged works of art for the purpose of bringing them to a stable condition so that future routine and special maintenance can be effective. Conservation-related activities may also include examination and documentation.
"Creative district" means a land area designated by a local government
or other entity as approved, in accordance with RCW
43.46.105 that contains either a hub of cultural facilities, creative industries, or arts-related businesses, or multiple vacant properties in close proximity that would be suitable for redevelopment as a creative district.
"Curator" means a qualified visual arts professional with past curatorial experience selected to recommend works of art for acquisition to the state art collection.
"Deaccession" means board action to remove an accessioned work of art from the state art collection.
"Eligibility requirements" means published standards and/or minimum required qualifications which applicants and/or applications must meet in order for their application to be considered by the panel.
"Executive director" means that person employed pursuant to RCW
43.46.045 to carry out the functions of that chapter and Title 30 WAC.
"Grant" means a contract between the commission and an organization or individual, for arts or cultural services, awarded through a competitive application process and approved or ratified by the board.
"Inventory" means a periodic survey of the physical state and current location of works of art in the state art collection.
"Local government" means a local governing body, city, county, town, municipal county, tribal government, or other entity as approved.
"Nonprofit" means incorporation under the nonprofit laws of the state of Washington or another state, and determination by the Internal Revenue Service (IRS) that the incorporated entity is exempt from taxation under Section 501 (c)(3) of the IRS code.
"Panel" means a group of individuals convened by staff to review applications or nominations using published review criteria, and make recommendations to the board or executive director.
"Partner agency" means a state agency, K-12 public school, university, college, community or technical college, or other public entity working with the art in public places program.
"Pilot program" means a limited scale, flexible program that evaluates administrative needs and costs, adverse and favorable events, and improves upon the design prior to launch of a full program or integration of pilot into an existing program.
"Professional artist" means an individual who has a history of paid work as an artist.
"Public artist roster" means the board approved list of professional artists eligible to create visual works of art for the state art collection.
"Public benefit" means project outcomes that have an impact on a community, including some or all of the following: Broadening access to the arts or expanding and diversifying audiences for the arts; improving artistic, cultural, educational, or economic development within a community; and/or supporting specific community goals such as health and wellness, public safety, civic discourse, or other quality of life measures.
"Resiting" means the relocation of a work of art in the state art collection within the jurisdiction of a partner agency or between partner agencies.
"Restoration" means treatment that returns a malfunctioning or damaged work of art to a known or assumed state, often through the addition of nonoriginal material.
"Review criteria" means the standards used by panels to evaluate and score applications or nominations.
"Roster" means a list of approved arts professionals who have the skills and experience to address the needs of a specific commission program.
"Routine maintenance" means a regular procedure to preserve a work of art in the state art collection in proper condition: Clean, presentable, and in working order.
"Site responsive" means created, planned, or intended for a particular site. A site responsive work of art addresses both the physical characteristics of its location and the context of the community in which it is situated.
"Special maintenance" means anticipated but infrequent activities required to maintain aesthetic and/or structural aspects of the works of art in the state art collection, including integrity of the overall surface and/or individual elements.
"Staff" means employees of the Washington state arts commission, under the direction of the executive director, pursuant to RCW
43.46.045, employed to carry out the functions of that chapter, and Title 30 WAC.
"State-certified creative district" means a creative district whose application for certification has been approved by the commission.
"Teaching artist" means a professional artist who is dedicated to arts education as an integral part of their professional practice, and who has cultivated skills as an educator in concert with skills as an artist.
"Under-resourced" means a lack of access to specialized, professional, financial, or institutional expertise and communal knowledge, and/or working with neglected or dated infrastructures and limited or absent assets and resources resulting in lack of recognition, competitiveness, and cyclical absent or diminished funding.
"Underserved" means populations whose opportunities to experience the arts are limited by geography, historical exclusion and marginalization due to race, ethnicity, sexual orientation, gender identity, economics, disability, or other social or institutionally imposed barriers.
(("Under-resourced" means a lack of access to specialized, professional, financial, or institutional expertise and communal knowledge, and/or working with neglected or dated infrastructures and limited or absent assets and resources resulting in lack of recognition, competitiveness, and cyclical absent or diminished funding.))
"Washington state arts commission" means the collective entity of the Washington state arts commission, including the board and staff.