BILL REQ. #: S-1811.1
| State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 03/03/05.
AN ACT Relating to creating the department of archaeology and historic preservation; amending RCW 43.17.020, 27.34.020, 27.34.070, 27.34.230, 27.34.330, 27.34.342, 27.34.344, 27.53.020, 27.53.030, 27.53.070, 27.53.080, and 27.53.095; reenacting and amending RCW 43.17.010; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 43 RCW; repealing RCW 27.34.210, 27.34.310, and 27.34.320; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) There is created a department of state
government to be known as the department of archaeology and historic
preservation. 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) 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.
NEW SECTION. Sec. 2 The executive head and appointing authority
of the department is the director. The director shall serve as the
state historic preservation officer, and 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.
NEW SECTION. Sec. 3 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. 4 If necessary, the department may be
subdivided into divisions. Except as otherwise specified or as federal
requirements may differently require, divisions shall be established
and organized in accordance with plans to be prepared by the director
and approved by the governor. In preparing the plans, the director
shall endeavor to promote efficient public management and to improve
programs.
NEW SECTION. Sec. 5 The director shall appoint a deputy
director, a department personnel director, and assistant directors as
needed to administer the department. The deputy director is
responsible for the 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 appoints an
acting director.
NEW SECTION. Sec. 6 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 is responsible for the official acts of
the officers and employees of the department.
NEW SECTION. Sec. 7 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 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.
NEW SECTION. Sec. 8 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, rules as may become necessary to
entitle the state to participate in federal funds may be adopted,
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. 9 A new section is added to chapter 41.06 RCW
to read as follows:
In addition to the exemptions under RCW 41.06.070, this chapter
does not apply in the department of archaeology and historic
preservation 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. 10 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 archaeology and historic
preservation, 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. 11 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 the department of archaeology and historic
preservation.
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. 12 (1) The office of archaeology and historic
preservation is hereby abolished and its powers, duties, and functions
are hereby transferred to the department of archaeology and historic
preservation.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the office of
archaeology and historic preservation shall be delivered to the custody
of the department of archaeology and historic preservation. All
cabinets, furniture, office equipment, motor vehicles, and other
tangible property employed by the office of archaeology and historic
preservation shall be made available to the department of archaeology
and historic preservation. All funds, credits, or other assets held by
the office of archaeology and historic preservation shall be assigned
to the department of archaeology and historic preservation.
(b) Any appropriations made to the office of archaeology and
historic preservation shall, on the effective date of this section, be
transferred and credited to the department of archaeology and historic
preservation.
(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 office of archaeology and historic
preservation are transferred to the jurisdiction of the department of
archaeology and historic preservation. All employees classified under
chapter 41.06 RCW, the state civil service law, are assigned to the
department of archaeology and historic preservation 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 office of
archaeology and historic preservation shall be continued and acted upon
by the department of archaeology and historic preservation. All
existing contracts and obligations shall remain in full force and shall
be performed by the department of archaeology and historic
preservation.
(5) The transfer of the powers, duties, functions, and personnel of
the office 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) 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
resources board as provided by law.
Sec. 13 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) "Department" means the department of ((community, trade, and
economic development)) archaeology and historic preservation.
(3) "Director" means the director of ((community, trade, and
economic development)) the department of archaeology and historic
preservation.
(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.
(6) "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) (("Office" means the office of archaeology and historic
preservation within the department.)) "Preservation officer" means the state historic preservation
officer as provided for in ((
(8)RCW 27.34.210)) section 2 of this act.
(((9))) (8) "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))) (9) "State historical agencies" means the state historical
societies ((and the office of archaeology and historic preservation
within)) and the department.
(((11))) (10) "State historical societies" means the Washington
state historical society and the eastern Washington state historical
society.
(((12))) (11) "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. 14 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 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. 15 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;)) 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 ((
(2)27.34.290)) 27.34.220 or
the federal act; and
(((3))) (2) Develop and implement a cultural resource management
plan.
Sec. 16 RCW 27.34.330 and 1999 c 295 s 2 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 ((state office of
archaeology and historic preservation)) department, 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 four million
dollars. The department may provide an additional alternate project
list which shall not exceed five hundred thousand 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.
Sec. 17 RCW 27.34.342 and 1999 c 35 s 1 are each amended to read
as follows:
The Lewis and Clark bicentennial advisory committee is created
under the auspices of the Washington state historical society. The
committee shall consist of ((fifteen)) sixteen members, as follows:
(1) Six citizen members, at least three of whom must be enrolled
members of a Washington Indian tribe, who shall be appointed by the
governor;
(2) The president of the Washington state historical society;
(3) The director of the Washington state parks and recreation
commission;
(4) The secretary of the Washington state department of
transportation;
(5) The director of the Washington state department of community,
trade, and economic development;
(6) Four members of the Washington state legislature, one from each
caucus in the senate and the house of representatives as designated by
each caucus; ((and))
(7) The chair of the Lewis and Clark trail advisory committee; and
(8) The director of the department of archaeology and historic
preservation.
Sec. 18 RCW 27.34.344 and 1999 c 35 s 2 are each amended to read
as follows:
(1) The Lewis and Clark bicentennial (([advisory])) advisory
committee shall coordinate and provide guidance to Washington's
observance of the bicentennial of the Lewis and Clark expedition. The
committee may:
(a) Cooperate with national, regional, statewide, and local events
promoting the bicentennial;
(b) Assist, plan, or conduct bicentennial events;
(c) Engage in or encourage fund-raising activities including
revenue-generating enterprises, as well as the solicitation of
charitable gifts, grants, or donations;
(d) Promote public education concerning the importance of the Lewis
and Clark expedition in American history, including the role of native
people in making the expedition a success;
(e) Coordinate interagency participation in the observance; and
(f) Perform other related duties.
(2) The committee is attached to the Washington state historical
society for administrative purposes. Accordingly, the society shall:
(a) Direct and supervise the budgeting, recordkeeping, reporting,
and related administrative and clerical functions of the committee;
(b) Include the committee's budgetary requests in the society's
departmental budget;
(c) Collect all nonappropriated revenues for the committee and
deposit them in the proper fund or account;
(d) Provide staff support for the committee;
(e) Print and disseminate for the committee any required notices,
rules, or orders adopted by the committee; and
(f) Allocate or otherwise provide office space to the committee as
may be necessary.
Sec. 19 RCW 27.53.020 and 2002 c 211 s 2 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
((office)) department of archaeology and historic preservation, created
under the authority of chapter ((39.34)) 43.-- RCW (sections 1 through
8 and 12 of this act), is hereby designated as an appropriate agency to
carry out these functions. The director((, in consultation with the
office of archaeology and historic preservation,)) 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((, the office of archaeology
and historic preservation,)) and other agencies of the state.
Sec. 20 RCW 27.53.030 and 1995 c 399 s 16 are each amended to
read as follows:
((Unless the context clearly requires otherwise,)) The definitions
((contained)) in this section ((shall)) 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 ((community, trade, and
economic development)) archaeology and historic preservation, created
in chapter 43.-- RCW (sections 1 through 8 and 12 of this act).
(5) "Director" means the director of ((community, trade, and
economic development or the director's designee)) the department of
archaeology and historic preservation, created in chapter 43.-- RCW
(sections 1 through 8 and 12 of this act).
(6) "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) 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.
(7) "Prehistoric" means peoples and cultures who are unknown
through contemporaneous written documents in any language.
(8) "Professional archaeologist" means a person who has met the
educational, training, and experience requirements of the society of
professional archaeologists.
(9) "Qualified archaeologist" means a person who has had formal
training and/
(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.
(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) 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. 21 RCW 27.53.070 and 1975-'76 2nd ex.s. c 82 s 3 are each
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
((Washington archaeological research center)) department. Such
information shall not constitute a public record which requires
disclosure pursuant to the exception authorized in RCW 42.17.310, as
now or hereafter amended, to avoid site depredation.
Sec. 22 RCW 27.53.080 and 2002 c 211 s 5 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 ((office of archaeology and historic
preservation)) department and are confidential unless the director, 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 ((office of archaeology and
historic preservation and by them to the)) department.
(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 ((office of archaeology and historic preservation)) department
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 ((office of archaeology and
historic preservation)) department.
Sec. 23 RCW 27.53.095 and 2002 c 211 s 4 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 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, 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 ((of
community, trade, and economic development)).
(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.
(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.
NEW SECTION. Sec. 24 The following acts or parts of acts are
each repealed:
(1) RCW 27.34.210 (Office of archaeology and historic
preservation -- Preservation officer -- Qualifications) and 1995 c 399 s
14, 1986 c 266 s 10, & 1983 c 91 s 11;
(2) RCW 27.34.310 (Inventory of state-owned properties--Definitions) and 1995 c 399 s 15 & 1993 c 325 s 3; and
(3) RCW 27.34.320 (Inventory of state-owned properties -- Procedure--Grants) and 1993 c 325 s 4.
NEW SECTION. Sec. 25 Sections 1 through 8 and 12 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 26 Sections 16 through 18 of this act expire
June 30, 2007.