BP BHEAD INT S [atlas:bill]

AN ACT Relating to creation of a department of cultural resources; amending RCW 27.34.020, 43.17.020, 27.34.070, 27.34.080, 27.34.230, 43.46.015, 43.46.040, 43.46.045, 43.46.050, 43.46.055, 43.46.060, and 43.46.070; reenacting and amending RCW 43.17.010; adding new sections to chapter 43.46 RCW; adding a new section to chapter 41.06 RCW; creating a new section; recodifying RCW 27.34.010, 27.34.020, 27.34.060, 27.34.070, 27.34.075, 27.34.080, 27.34.200, 27.34.210, 27.34.220, 27.34.230, 27.34.240, 27.34.250, 27.34.260, 27.34.270, 27.34.280, 27.34.310, 27.34.320, 27.34.330, 27.34.340, 27.34.350, 27.34.900, 27.34.906, 27.34.910, 27.34.915, 27.34.916, 27.53.010, 27.53.020, 27.53.040, 27.53.045, 27.53.060, 27.53.070, 27.53.080, 27.53.090, 27.53.100, 27.53.110, 27.53.120, 27.53.130, 27.53.140, 27.53.150, 27.53.900, 27.53.901, 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; and repealing RCW 27.53.030.

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

NEW SECTION. Sec. 1. In creating the department of cultural resources, the legislature recognizes that responsibilities for heritage and arts-related concerns are fragmented among a variety of agencies in state government with limited statutory opportunities for coordination among those agencies. The department of cultural resources will provide a comprehensive, coordinated state-wide heritage and arts program for the citizens of this state. It will implement the state's strategic plan as formulated by the cultural resources commission; minimize or eliminate duplication of effort, conflicts, and program gaps; create and enhance existing opportunities for cooperation and collaboration; promote consistency of state heritage and arts-related actions; establish an integrated focus for the state-wide heritage and arts program to make it understandable and visible to the general public; establish a system for development of state-wide goals; and develop a method for setting priorities among those goals.

NEW SECTION. Sec. 2. (1) The cultural resources commission is created.

(2) The commission has the following purposes:

(a) To nominate three candidates to the governor for director of the department;

(b) To develop a strategic plan for guiding the state's management of its cultural and arts-related resources;

(d) To make recommendations to the director concerning the budget of the department.

(3) Staffing of the commission comes from the department.

(4) Except for initial terms, members shall serve for terms of four years. Terms of initial members shall be staggered.

(5) Members shall be appointed as follows:

(a) The governor shall appoint eight citizen members to the commission. Members of the commission shall select one of the citizen members to be chair;

(b) There shall be four legislative members, one from each of the two major caucuses in the senate and the house of representatives, selected by the president of the senate and the speaker of the house of representatives, as appropriate;

(c) One member each from the board of the eastern Washington state historical society and the Washington state historical society, selected by the respective board;

(d) One member from the Washington state arts commission, selected by the Washington state arts commission;

(e) One member of the advisory council on historic preservation established in RCW 27.34.250 (as recodified by this act); and

(f) The director, who shall be an ex officio, nonvoting member.

(6) Citizen members shall receive per diem and travel expenses in accordance with RCW 43.03.050, 43.03.060, and 43.03.240.

(7) The commission shall act collectively in harmony with recorded resolutions or motions adopted by majority vote of the membership.

NEW SECTION. Sec. 3. The commission shall develop a strategic plan to be implemented by the director to achieve a comprehensive, coordinated, state-wide heritage and arts program for the citizens of the state. The strategic plan shall include but not be limited to proposals to enhance and make more effective state assistance to heritage and arts organizations; strategies to integrate the department's programs into other state agencies' programs; the incorporation of heritage, arts, and historic preservation into revitalization and economic development plans; and estimates of the future growth of state-funded cultural, historic, arts, and scientific facilities to plan better for the functions these facilities serve.

Sec. 4. RCW 27.34.020 and 1995 c 399 s 13 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) "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.

(3) "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 byproducts.

(4) "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.

(5) "Commission" means the cultural resources commission.

(6) "Department" means the department of ((~~community, trade, and economic development~~)) cultural resources.

((~~(3)~~)) (7) "Director" means the director of ((~~community, trade, and economic development~~)) the department.

((~~(4)~~)) (8) "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.~~

~~(6)~~)) (9) "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 includes only those properties that are listed in or eligible for listing in the Washington state register of historic places or the national register of historic places as defined in the national historic preservation act of 1966 (Title 1, Sec. 101, P. L. 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470).

(10) "Historic archaeological resources" means those properties that are listed in or eligible for listing in the Washington state register of historic places or the national register of historic places as defined in the national historic preservation act of 1966 (Title 1, Sec. 101, P. L. 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470).

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

((~~(8)~~)) (13) "Prehistoric" means peoples and cultures who are unknown through contemporaneous written documents in any language.

(14) "Preservation officer" means the state historic preservation officer as provided for in RCW 27.34.210 (as recodified by this act).

((~~(9)~~)) (15) "Professional archaeologist" means a person who has met the educational, training, and experience requirements of the society of professional archaeologists.

(16) "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)~~)) (17) "State historical agencies" means the state historical societies and the office of archaeology and historic preservation within the department.

((~~(11)~~)) (18) "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. 5. There is created a department of state government to be known as the department of cultural resources. 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.

NEW SECTION. Sec. 6. The executive head and appointing authority of the department is the director. The director shall be appointed by the governor, with the consent of the senate, and shall serve 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.

NEW SECTION. Sec. 7. It is the intent of the legislature wherever possible to place the internal affairs of the department under the control of the director in order that the director may institute therein the flexible, alert, and intelligent management of its business that changing contemporary circumstances require. Therefore, whenever the director's authority is not specifically limited by law, the director has complete charge and supervisory powers over the department. The director may create such administrative structures as the director considers appropriate, except as otherwise specified by law. The director may employ such assistants and personnel as necessary for the general administration of the department. This employment shall be in accordance with the state civil service law, chapter 41.06 RCW, except as otherwise provided.

NEW SECTION. Sec. 8. The department shall initially be subdivided into three divisions, including a division of administration, a division of museums, and a division of community services. Except as otherwise specified or as federal requirements may differently require, these divisions or their successors shall be established and organized in accordance with plans to be prepared by the director. In preparing such plans, the director shall endeavor to promote efficient public management, to improve programs, and to take full advantage of the economies, both fiscal and administrative, to be gained from the consolidation of functions and agencies under this chapter.

NEW SECTION. Sec. 9. The director shall appoint a deputy director and such assistant directors as may be needed to administer the department. The deputy director shall have charge and general supervision of the department in the absence or disability of the director and, in case of a vacancy in the office of director, shall continue in charge of the department until a successor is appointed and qualified, or until the governor makes a temporary appointment.

The director shall execute and implement the biennial operating budget for the operation of the department in accordance with chapter 43.88 RCW and with legislative appropriation and in such manner as prescribed therein.

NEW SECTION. Sec. 10. Any power or duty vested in or transferred to the director by law or executive order may be delegated by the director to the deputy director or to any other assistant or subordinate; but the director shall be responsible for the official acts of the officers and employees of the department.

NEW SECTION. Sec. 11. The director may exercise the governor's authority to appoint such advisory committees or councils as may be required by any federal legislation as a condition to the receipt of federal funds by the department. The director may also exercise the governor's authority to appoint state-wide committees or councils on such subject matters as are or come within the department's responsibilities.

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.

NEW SECTION. Sec. 12. In furtherance of the policy of the state to cooperate with the federal government in all of the programs under the jurisdiction of the department, such rules as may become necessary to entitle the state to participate in federal funds may be adopted under chapter 34.05 RCW, unless expressly prohibited by law. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements that are a necessary condition to state receipt of federal funds. Any section or provision of law dealing with the department that may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. If any law dealing with the department is ruled to be in conflict with federal requirements that are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, the conflicting part is declared to be inoperative solely to the extent of the conflict.

NEW SECTION. Sec. 13. A new section is added to chapter 41.06 RCW to read as follows:

In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the department of cultural resources to the director, the director's personal secretary, the deputy director, all division directors and assistant directors, and one confidential secretary for each of these officers.

Sec. 14. RCW 43.17.010 and 1993 sp.s. c 2 s 16, 1993 c 472 s 17, and 1993 c 280 s 18 are each reenacted and 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 community, trade, and economic development, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, ((~~and~~)) (14) the department of health, ((~~and~~)) (15) the department of financial institutions, and (16) the department of cultural resources, 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. 15. RCW 43.17.020 and 1995 1st sp.s. c 2 s 2 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 community, trade, and economic development, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, ((~~and~~)) (14) the secretary of health, ((~~and~~)) (15) the director of financial institutions, and (16) the director of cultural resources.

Such officers, except the secretary of transportation and 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 secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041. 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. 16. (1)(a) All reports, documents, surveys, books, records, files, papers, or written material relating to state historical societies, heritage organizations, archeology, and historic preservation in the possession of the department of community, trade, and economic development, the Washington state historical society, the eastern Washington state historical society, the office of archeology and historic preservation, or relating to the growth and development of the arts and humanities in the state of Washington in the possession of the arts commission shall be delivered to the custody of the department of cultural resources. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of community, trade, and economic development, the Washington state historical society, the eastern Washington state historical society, the office of archeology and historic preservation, or the arts commission relating to the functions transferred by this section shall be made available to the department of cultural resources. All funds, credits, or other assets held by the department of community, trade, and economic development, the Washington state historical society, the eastern Washington state historical society, the office of archeology and historic preservation, or the arts commission relating to the functions transferred by this section shall be assigned to the department of cultural resources.

(b) Any appropriations made to the department of community, trade, and economic development, the Washington state historical society, the eastern Washington state historical society, the office of archeology and historic preservation, or the arts commission relating to the functions transferred by this section shall, on the effective date of this section, be transferred and credited to the department of cultural resources.

(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.

(2) All employees of the department of community, trade, and economic development, the Washington state historical society, the eastern Washington state historical society, the office of archeology and historic preservation, or the arts commission employed on matters relating to the functions transferred by this section are transferred to the jurisdiction of the department of cultural resources. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of cultural resources 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.

(3) All rules and all pending business before the department of community, trade, and economic development, the Washington state historical society, the eastern Washington state historical society, the office of archeology and historic preservation, or the arts commission relating to the functions transferred by this section shall be continued and acted upon by the department of cultural resources. All existing contracts and obligations relating to the functions transferred by this section shall remain in full force and shall be performed by the department of cultural resources.

(4) The transfer of the powers, duties, functions, and personnel of the department of community, trade, and economic development, the Washington state historical society, the eastern Washington state historical society, the office of archeology and historic preservation, or the arts commission relating to the functions transferred by this section shall not affect the validity of any act performed before the effective date of this section.

(5) 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.

(6) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 17. RCW 27.34.070 and 1983 c 91 s 7 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, 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~~)) department 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.

Sec. 18. RCW 27.34.080 and 1983 c 91 s 8 are each amended to read as follows:

The governing board of each state historical society shall appoint its respective director with the consent of the ((~~governor~~)) director. The ((~~governor~~)) director may remove ((a)) an historical society director for cause or if a majority of the society's governing board votes for removal.

Sec. 19. RCW 27.34.230 and 1986 c 266 s 12 are each amended to read as follows:

The director or the director's designee shall:

(1) Submit the budget requests for the office to the heritage council for review and comment; and

(2) 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 ((~~27.34.290~~)) 27.34.280 (each as recodified by this act) or the federal act((~~; and~~

~~(3) Develop and implement a cultural resource management plan~~)).

Sec. 20. RCW 43.46.015 and 1985 c 317 s 2 are each amended to read as follows:

There is established a Washington state arts commission. The arts commission consists of nineteen members appointed by the ((~~governor~~)) director and two members of the legislature, one appointed by the president of the senate and one appointed by the speaker of the house of representatives. The legislative members shall be from opposite major political parties. 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. 21. RCW 43.46.040 and 1985 c 317 s 4 are each amended to read as follows:

Members of the arts 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((,)) and elect a chairperson annually((~~, and~~)). The director shall 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. 22. RCW 43.46.045 and 1988 c 81 s 23 are each amended to read as follows:

The ((~~governor~~)) director shall select a full time executive director of the arts commission from a list of three names submitted by the arts commission by September 1, 1988, and anytime thereafter that a vacancy occurs. The executive director of the arts commission shall receive no other salary and shall not be otherwise gainfully employed. Subject to the provisions of chapter 41.06 RCW, the executive director of the arts commission may also employ such clerical and other assistants as may be reasonably required to carry out arts commission functions. The executive director of the arts commission shall serve at the pleasure of the ((~~governor~~)) director.

Sec. 23. RCW 43.46.050 and 1985 c 317 s 6 are each amended to read as follows:

The arts commission shall meet, study, plan, and advise the ((~~governor, the various departments of the state and the state legislature~~)) director and shall make such recommendations as it deems proper for the cultural development of the state of Washington.

Sec. 24. RCW 43.46.055 and 1985 c 317 s 7 are each amended to read as follows:

The arts 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.

Sec. 25. RCW 43.46.060 and 1965 c 8 s 43.46.060 are each amended to read as follows:

The arts commission may accept gifts and grants upon such terms as the commission shall deem proper.

Sec. 26. RCW 43.46.070 and 1985 c 317 s 8 are each amended to read as follows:

The arts commission shall make a biennial report of its proceedings and recommendations to the ((~~governor~~)) director, which shall contain a full description of program and project activity, including fund sources and expenditures for the biennium covered by the report.

NEW SECTION. Sec. 27. RCW 27.53.030 and 1995 c 399 s 16, 1989 c 44 s 6, 1988 c 124 s 2, 1986 c 266 s 17, 1983 c 91 s 20, 1977 ex.s. c 195 s 13, & 1975 1st ex.s. c 134 s 3 are each repealed.

NEW SECTION. Sec. 28. The following sections are each recodified as new sections in chapter 43.46 RCW:

RCW 27.34.010

RCW 27.34.020

RCW 27.34.060

RCW 27.34.070

RCW 27.34.075

RCW 27.34.080

RCW 27.34.200

RCW 27.34.210

RCW 27.34.220

RCW 27.34.230

RCW 27.34.240

RCW 27.34.250

RCW 27.34.260

RCW 27.34.270

RCW 27.34.280

RCW 27.34.310

RCW 27.34.320

RCW 27.34.330

RCW 27.34.340

RCW 27.34.350

RCW 27.34.900

RCW 27.34.906

RCW 27.34.910

RCW 27.34.915

RCW 27.34.916

RCW 27.53.010

RCW 27.53.020

RCW 27.53.040

RCW 27.53.045

RCW 27.53.060

RCW 27.53.070

RCW 27.53.080

RCW 27.53.090

RCW 27.53.100

RCW 27.53.110

RCW 27.53.120

RCW 27.53.130

RCW 27.53.140

RCW 27.53.150

RCW 27.53.900

RCW 27.53.901

RCW 43.46.005

RCW 43.46.015

RCW 43.46.030

RCW 43.46.040

RCW 43.46.045

RCW 43.46.050

RCW 43.46.055

RCW 43.46.060

RCW 43.46.070

RCW 43.46.090

RCW 43.46.095

RCW 43.46.900

NEW SECTION. Sec. 29. Sections 1 through 3 and 5 through 12 of this act are each added to chapter 43.46 RCW.