BILL REQ. #:  S-1206.2 

Read first time 02/10/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.

     AN ACT Relating to creating the department of heritage, arts, and culture; amending RCW 43.334.010, 43.334.020, 43.334.030, 43.334.050, 27.34.020, 27.34.060, 27.34.070, 27.34.220, 27.34.230, 27.34.330, 27.34.360, 27.34.365, 27.34.415, 40.14.020, 40.14.022, 40.14.025, 40.14.027, 40.14.030, 27.04.010, 43.07.363, 43.07.365, 43.07.370, 43.07.380, 43.330.094, 43.336.010, 43.330.092, 43.330.094, 43.07.129, 43.46.015, 43.46.030, 43.46.040, and 43.46.085; adding new sections to chapter 43.334 RCW; creating a new section; and recodifying RCW 27.34.010, 27.34.020, 27.34.060, 27.34.070, 27.34.075, 27.34.080, 27.34.200, 27.34.220, 27.34.230, 27.34.240, 27.34.250, 27.34.260, 27.34.270, 27.34.280, 27.34.330, 27.34.350, 27.34.360, 27.34.365, 27.34.370, 27.34.375, 27.34.380, 27.34.390, 27.34.395, 27.34.400, 27.34.410, 27.34.415, 27.34.900, 27.34.906, 27.34.910, 27.34.915, 27.34.916, 43.336.010, 43.336.020, 43.336.030, 43.336.040, 43.336.050, 43.336.060, 43.336.900, 43.07.363, 43.07.365, 43.07.370, 43.07.380, 43.07.129, 43.330.090, 43.330.092, and 43.330.094.

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

Sec. 1   RCW 43.334.010 and 2005 c 333 s 1 are each amended to read as follows:
     (1) There is created a department of state government to be known as the department of ((archaeology and historic preservation)) heritage, arts, and culture. 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)) heritage, arts, and culture.
     (b) "Director" means the director of the department of ((archaeology and historic preservation)) heritage, arts, and culture.

Sec. 2   RCW 43.334.020 and 2005 c 333 s 2 are each amended to read as follows:
     The executive head and appointing authority of the department is the director, except as set forth in statute. 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.

Sec. 3   RCW 43.334.030 and 2005 c 333 s 3 are each amended to read as follows:
     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 shall provide the support and resources necessary to support the offices, boards, and commissions created within, or transferred to, the department. 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.

Sec. 4   RCW 43.334.050 and 2005 c 333 s 5 are each amended to read as follows:
     (1) The director shall appoint a department 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.
     (2) For the purposes of this chapter, the directors and executive officers of any offices, boards, and commissions created within, or transferred to, the department are deputy directors.

Sec. 5   RCW 27.34.020 and 2007 c 333 s 5 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 ((archaeology and historic preservation)) heritage, arts, and culture.
     (3) "Director" means the director of the department of ((archaeology and historic preservation)) heritage, arts, and culture.
     (4) "Federal act" means the national historic preservation act of 1966 (Public Law 89-655; 80 Stat. 915).
     (5) "Heritage barn" means any large agricultural outbuilding used to house animals, crops, or farm equipment, that is over fifty years old and has been determined by the department to: (a) Be eligible for listing on the Washington heritage register or the national register of historic places; or (b) have been listed on a local historic register and approved by the advisory council. In addition to barns, "heritage barn" includes agricultural resources such as milk houses, sheds, silos, or other outbuildings, that are historically associated with the working life of the farm or ranch, if these outbuildings are on the same property as a heritage barn.
     (6) "Heritage council" means the Washington state heritage council.
     (7) "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.
     (8) "Preservation officer" means the state historic preservation officer as provided for in RCW 43.334.020.
     (9) "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) "State historical agencies" means the state historical societies and the department.
     (11) "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.

Sec. 6   RCW 27.34.060 and 1983 c 91 s 6 are each amended to read as follows:
     Each state historical society shall submit its budget requests to the heritage council and the director for review and comment.

Sec. 7   RCW 27.34.070 and 2005 c 333 s 14 are each amended to read as follows:
     (1) Each state historical society is designated a trustee for the state whose powers and duties are subject to review and approval by the director and 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.
     (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. 8   RCW 27.34.220 and 1997 c 145 s 1 are each amended to read as follows:
     The director or the director's designee is authorized:
     (1) To promulgate and maintain the Washington heritage register of districts, sites, buildings, structures, and objects significant in American or Washington state history, architecture, archaeology, and culture, and to prepare comprehensive statewide historic surveys and plans and research and evaluation of surveyed resources for the preparation of nominations to the Washington heritage register and the national register of historic places, in accordance with criteria approved by the advisory council established under RCW 27.34.250 (as recodified by this act). Nominations to the national register of historic places shall comply with any standards and regulations promulgated by the United States secretary of the interior for the preservation, acquisition, and development of such properties. Nominations to the Washington heritage register shall comply with rules adopted under this chapter.
     (2) To establish a program of matching grants-in-aid to public agencies, public or private organizations, or individuals for projects having as their purpose the preservation for public benefit of properties that are significant in American or Washington state history, architecture, archaeology, and culture.
     (3) To promote historic preservation efforts throughout the state, including private efforts and those of city, county, and state agencies.
     (4) To enhance the effectiveness of the state preservation program through the initiation of legislation, the use of varied funding sources, the creation of special purpose programs, and contact with state, county, and city officials, civic groups, and professionals.
     (5) To spend funds, subject to legislative appropriation and the availability of funds, where necessary to assist the Indian tribes of Washington state in removing prehistoric human remains for scientific examination and reburial, if the human remains have been unearthed inadvertently or through vandalism and if no other public agency is legally responsible for their preservation.
     (6) To consult with the governor and the legislature on issues relating to the conservation of the man-made environment and their impact on the well-being of the state and its citizens.
     (7) To charge fees for professional and clerical services provided by the ((office)) department.
     (8) To adopt such rules, in accordance with chapter 34.05 RCW, as are necessary to carry out RCW 27.34.200 through 27.34.280 (as recodified by this act).

Sec. 9   RCW 27.34.230 and 2005 c 333 s 15 are each amended to read as follows:
     The director or the director's designee shall:
     (1) 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)) and 27.34.220 (as recodified by this act) or the federal act; and
     (2) Develop and implement a cultural resource management plan.

Sec. 10   RCW 27.34.330 and 2006 c 371 s 232 are each amended to read as follows:
     The ((Washington state historical society)) department shall establish a competitive process to solicit proposals for and prioritize heritage capital projects for potential funding in the state capital budget. The ((society)) department shall adopt rules governing project eligibility and evaluation criteria. Application for funding of specific projects may be made to the ((society)) department by local governments, public development authorities, nonprofit corporations, tribal governments, and other entities, as determined by the ((society)) department. The ((society)) department, 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 ((department of archaeology and historic preservation)) Washington state historical society, shall establish and submit a prioritized list of heritage capital projects to the governor and the legislature in the ((society's)) department'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 ten million 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)) department 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. 11   RCW 27.34.360 and 2005 c 391 s 2 are each amended to read as follows:
     (1) A women's history consortium is created with the ((Washington state historical society)) department as the managing agency. To ensure geographic, demographic, and subject matter diversity, the consortium shall be managed by a board of advisors representing a range of perspectives, including private citizens, business, labor, historical societies, colleges and universities, educators, tribes, and public officials. Appointment of the board of advisors must be completed by September 30, 2005.
     (2) The consortium is attached to the ((Washington state historical society)) department as the managing agency. Accordingly, the ((agency)) department shall:
     (a) Direct and supervise the budgeting, recordkeeping, recording, and related administrative and clerical functions of the consortium;
     (b) Include the consortium's budgetary requests in the ((society's)) department's departmental budget;
     (c) Collect all nonappropriated revenues for the consortium and deposit them in the proper fund or account;
     (d) Provide staff support for the consortium;
     (e) Print and disseminate for the consortium any required notices, rules, or orders adopted by the consortium; and
     (f) Allocate or otherwise provide office space for the consortium as may be necessary.

Sec. 12   RCW 27.34.365 and 2010 1st sp.s. c 7 s 124 are each amended to read as follows:
     The board of advisors shall consist of fifteen members. The director ((of the state historical society)) shall appoint eleven members to the board of advisors. Two members of the senate, one each representing the two largest caucuses of the senate, shall be appointed by the president of the senate, and two members of the house of representatives, one each representing the two largest caucuses of the house of representatives, shall be appointed by the speaker of the house of representatives.
     The women's history consortium board of advisors may meet no more than two times per calendar year. If state funds are not available for travel, the board may meet on a voluntary basis at members' expense.

Sec. 13   RCW 27.34.415 and 2008 c 275 s 6 are each amended to read as follows:
     The department ((of archaeology and historic preservation)) shall develop and maintain a centralized database and geographic information systems spatial layer of all known cemeteries and known sites of burials of human remains in Washington state. The information in the database is subject to public disclosure, except as provided in RCW 42.56.300; exempt information is available by confidentiality agreement to federal, state, and local agencies for purposes of environmental review, and to tribes in order to participate in environmental review, protect their ancestors, and perpetuate their cultures.
     Information provided to state and local agencies under this section is subject to public disclosure, except as provided in RCW 42.56.300.

Sec. 14   RCW 40.14.020 and 2002 c 358 s 4 are each amended to read as follows:
     All public records shall be and remain the property of the state of Washington. They shall be delivered by outgoing officials and employees to their successors and shall be preserved, stored, transferred, destroyed or disposed of, and otherwise managed, only in accordance with the provisions of this chapter. In order to insure the proper management and safeguarding of public records, the division of archives and records management is established in the ((office of the secretary of state)) department of heritage, arts, and culture. The state archivist, who shall administer the division and have reasonable access to all public records, wherever kept, for purposes of information, surveying, or cataloguing, shall undertake the following functions, duties, and responsibilities:
     (1) To manage the archives of the state of Washington;
     (2) To centralize the archives of the state of Washington, to make them available for reference and scholarship, and to insure their proper preservation;
     (3) To inspect, inventory, catalog, and arrange retention and transfer schedules on all record files of all state departments and other agencies of state government;
     (4) To insure the maintenance and security of all state public records and to establish safeguards against unauthorized removal or destruction;
     (5) To establish and operate such state record centers as may from time to time be authorized by appropriation, for the purpose of preserving, servicing, screening and protecting all state public records which must be preserved temporarily or permanently, but which need not be retained in office space and equipment;
     (6) To adopt rules under chapter 34.05 RCW:
     (a) Setting standards for the durability and permanence of public records maintained by state and local agencies;
     (b) Governing procedures for the creation, maintenance, transmission, cataloging, indexing, storage, or reproduction of photographic, optical, electronic, or other images of public documents or records in a manner consistent with current standards, policies, and procedures of the department of information services for the acquisition of information technology;
     (c) Governing the accuracy and durability of, and facilitating access to, photographic, optical, electronic, or other images used as public records; or
     (d) To carry out any other provision of this chapter;
     (7) To gather and disseminate to interested agencies information on all phases of records management and current practices, methods, procedures, techniques, and devices for efficient and economical management and preservation of records;
     (8) To operate a central microfilming bureau which will microfilm, at cost, records approved for filming by the head of the office of origin and the archivist; to approve microfilming projects undertaken by state departments and all other agencies of state government; and to maintain proper standards for this work;
     (9) To maintain necessary facilities for the review of records approved for destruction and for their economical disposition by sale or burning; directly to supervise such destruction of public records as shall be authorized by the terms of this chapter;
     (10) To assist and train state and local agencies in the proper methods of creating, maintaining, cataloging, indexing, transmitting, storing, and reproducing photographic, optical, electronic, or other images used as public records;
     (11) To solicit, accept, and expend donations ((as provided in RCW 43.07.037)) for the purpose of the archive program. These purposes include, but are not limited to, acquisition, accession, interpretation, and display of archival materials. Donations that do not meet the criteria of the archive program may not be accepted.

Sec. 15   RCW 40.14.022 and 2003 c 163 s 2 are each amended to read as follows:
     The imaging account is created in the custody of the state treasurer. All receipts collected under RCW 40.14.020(8) for contract imaging, micrographics, reproduction, and duplication services provided by the division of archives and records management must be deposited into the account, and expenditures from the account may be used only for these purposes. Only the ((secretary of state)) director of the department of heritage, arts, and culture or the ((secretary's)) director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 16   RCW 40.14.025 and 2003 c 163 s 1 are each amended to read as follows:
     (1) The ((secretary of state)) director of the department of heritage, arts, and culture and the director of financial management shall jointly establish a procedure and formula for allocating the costs of services provided by the division of archives and records management to state agencies. The total amount allotted for services to state agencies shall not exceed the appropriation to the archives and records management account during any allotment period.
     (2) There is created the archives and records management account in the state treasury which shall consist of all fees and charges collected under this section. The account shall be appropriated exclusively for the payment of costs and expenses incurred in the operation of the division of archives and records management as specified by law.

Sec. 17   RCW 40.14.027 and 2003 c 163 s 4 are each amended to read as follows:
     State agencies shall collect a surcharge of twenty dollars from the judgment debtor upon the satisfaction of a warrant filed in superior court for unpaid taxes or liabilities. The surcharge is imposed on the judgment debtor in the form of a penalty in addition to the filing fee provided in RCW 36.18.012(10). The surcharge revenue shall be transmitted to the state treasurer for deposit in the archives and records management account.
     Surcharge revenue deposited in the local government archives account under RCW 40.14.024 shall be expended by the secretary of state exclusively for disaster recovery, essential records protection services, and records management training for local government agencies by the division of archives and records management. The ((secretary of state)) director of the department of heritage, arts, and culture shall, with local government representatives, establish a committee to advise the state archivist on the local government archives and records management program.

Sec. 18   RCW 40.14.030 and 2003 c 305 s 1 are each amended to read as follows:
     (1) All public records, not required in the current operation of the office where they are made or kept, and all records of every agency, commission, committee, or any other activity of state government which may be abolished or discontinued, shall be transferred to the state archives so that the valuable historical records of the state may be centralized, made more widely available, and insured permanent preservation: PROVIDED, That this section shall have no application to public records approved for destruction under the subsequent provisions of this chapter.
     When so transferred, copies of the public records concerned shall be made and certified by the archivist, which certification shall have the same force and effect as though made by the officer originally in charge of them. Fees may be charged to cover the cost of reproduction. In turning over the archives of his office, the officer in charge thereof, or his successor, thereby loses none of his rights of access to them, without charge, whenever necessary.
     (2) Records that are confidential, privileged, or exempt from public disclosure under state or federal law while in the possession of the originating agency, commission, board, committee, or other entity of state or local government retain their confidential, privileged, or exempt status after transfer to the state archives unless the archivist, with the concurrence of the originating jurisdiction, determines that the records must be made accessible to the public according to proper and reasonable rules adopted by the ((secretary of state)) director of the department of heritage, arts, and culture, in which case the records may be open to inspection and available for copying after the expiration of seventy-five years from creation of the record. If the originating jurisdiction is no longer in existence, the archivist shall make the determination of availability according to such rules. If, while in the possession of the originating agency, commission, board, committee, or other entity, any record is determined to be confidential, privileged, or exempt from public disclosure under state or federal law for a period of less than seventy-five years, then the record, with the concurrence of the originating jurisdiction, must be made accessible to the public upon the expiration of the shorter period of time according to proper and reasonable rules adopted by the ((secretary of state)) director of the department of heritage, arts, and culture.

Sec. 19   RCW 27.04.010 and 2002 c 342 s 2 are each amended to read as follows:
     (1) There shall be a state library within the ((office of the secretary of state)) department of heritage, arts, and culture, and a state librarian to serve as its chief executive officer.
     (2) The ((secretary of state)) director of the department of heritage, arts, and culture may make such rules under chapter 34.05 RCW as necessary and proper to carry out the purposes of this chapter.
     (3) The ((secretary of state)) director of the department of heritage, arts, and culture shall appoint a state librarian who shall serve at the pleasure of the ((secretary of state)) director.

Sec. 20   RCW 43.07.363 and 2008 c 222 s 10 are each amended to read as follows:
     (1) The ((secretary of state)) director of the department of heritage, arts, and culture shall administer and conduct a program to record and document oral histories of current and former members and staff of the Washington state executive and judicial branches, the state's congressional delegation, and other citizens who have participated in the political history of Washington state. The program shall be called the Washington state legacy project. The ((secretary of state)) director of the department of heritage, arts, and culture may contract with independent oral historians or history departments of the state universities to interview and record oral histories. The manuscripts and publications shall be made available for research and reference through the state archives. The transcripts, together with current and historical photographs, may be published for distribution to libraries and the general public, and be posted on the ((secretary of state's)) department of heritage, arts, and culture's web site.
     (2) The Washington state legacy project may act as a principal repository for oral histories related to community, family, and other various projects.
     (3) The oral history of a person who occupied positions, or was staff to a person who occupied positions, in more than one branch of government shall be conducted by the entity authorized to conduct oral histories of persons in the position last held by the person who is the subject of the oral history. However, the person being interviewed may select the entity he or she wishes to prepare his or her oral history.
     (4) The ((secretary of state)) director of the department of heritage, arts, and culture may create a Washington state legacy project advisory council to provide advice and guidance on matters pertaining to operating the legacy project. The ((secretary of state)) director of the department of heritage, arts, and culture may not compensate members of the legacy project advisory council but may provide reimbursement to members for expenses that are incurred in the conduct of their official duties.

Sec. 21   RCW 43.07.365 and 2008 c 222 s 11 are each amended to read as follows:
     The ((secretary of state)) director of the department of heritage, arts, and culture may fund Washington state legacy project activities through donations ((as provided in RCW 43.07.037)). The activities may include, but not be limited to, conducting interviews, preparing and indexing transcripts, publishing transcripts and photographs, and presenting displays and programs. Donations that do not meet the criteria of the Washington state legacy project may not be accepted. The ((secretary of state)) director of the department of heritage, arts, and culture shall adopt rules necessary to implement this section.

Sec. 22   RCW 43.07.370 and 2009 c 71 s 1 are each amended to read as follows:
     (1) The ((secretary of state)) director of the department of heritage, arts, and culture may solicit and 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 these donations or the proceeds, rents, profits, and income from the donations except as limited by the donor's terms.
     (2) Moneys received under this section may be used only for the following purposes:
     (a) Conducting the Washington state legacy project;
     (b) Archival activities;
     (c) Washington state library activities;
     (d) Development, construction, and operation of the Washington state heritage center; and
     (e) Donation of Washington state flags.
     (3)(a) Moneys received under subsection (2)(a) through (c) of this section must be deposited in the Washington state legacy project, state library, and archives account established in RCW 43.07.380 (as recodified by this act).
     (b) Moneys received under subsection (2)(d) of this section must be deposited in the Washington state heritage center account created in RCW 43.07.129 (as recodified by this act).
     (c) Moneys received under subsection (2)(e) of this section must be deposited in the Washington state flag account created in RCW 43.07.388.
     (4) The ((secretary of state)) director of the department of heritage, arts, and culture shall adopt rules to govern and protect the receipt and expenditure of the proceeds.

Sec. 23   RCW 43.07.380 and 2008 c 222 s 13 are each amended to read as follows:
     The Washington state legacy project, state library, and archives account is created in the custody of the state treasurer. All moneys received under RCW 43.07.370 (as recodified by this act) must be deposited in the account. Expenditures from the account may be made only for the purposes of the Washington state legacy project under RCW 43.07.363 (as recodified by this act), archives program under RCW 40.14.020, and the state library program under chapter 27.04 RCW. Only the ((secretary of state)) director of the department of heritage, arts, and culture or the ((secretary of state's)) director's designee may authorize expenditures from the account. An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter 43.88 RCW.

Sec. 24   RCW 43.330.094 and 2009 c 565 s 6 are each amended to read as follows:
     The tourism development and promotion account is created in the state treasury. All receipts from RCW 36.102.060(10) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the ((department of commerce)) department of heritage, arts, and culture only for the purposes of expanding and promoting the tourism industry in the state of Washington.

Sec. 25   RCW 43.336.010 and 2009 c 565 s 42 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Commission" means the Washington tourism commission.
     (2) "Department" means the department of ((commerce)) heritage, arts, and culture.
     (3) "Director" means the director of the department.
     (4) "Executive director" means the executive director of the commission.

Sec. 26   RCW 43.330.092 and 2009 c 565 s 5 are each amended to read as follows:
     The film and video promotion account is created in the state treasury. All revenue received for film and video promotion purposes under RCW 43.330.090(((2))) (3)(b) (as recodified by this act) and all receipts from RCW 36.102.060(14) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department ((of commerce)) only for the purposes of promotion of the film and video production industry in the state of Washington.

Sec. 27   RCW 43.330.094 and 2009 c 565 s 6 are each amended to read as follows:
     The tourism development and promotion account is created in the state treasury. All receipts from RCW 36.102.060(10) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used by the department ((of commerce)) only for the purposes of expanding and promoting the tourism industry in the state of Washington.

Sec. 28   RCW 43.07.129 and 2007 c 523 s 4 are each amended to read as follows:
     The Washington state heritage center account is created in the custody of the state treasurer. All moneys received under RCW 36.18.010(11) and 43.07.128 must be deposited in the account. Expenditures from the account may be made only for the following purposes:
     (1) Payment of the certificate of participation issued for the Washington state heritage center;
     (2) Capital maintenance of the Washington state heritage center; and
     (3) Program operations that serve the public, relate to the collections and exhibits housed in the Washington state heritage center, or fulfill the missions of the state archives, state library, and capital museum.
     Only the ((secretary of state)) director of the department of heritage, arts, and culture or the ((secretary of state's)) director's designee may authorize expenditures from the account. An appropriation is not required for expenditures, but the account is subject to allotment procedures under chapter 43.88 RCW.

Sec. 29   RCW 43.46.015 and 1999 c 241 s 1 are each amended to read as follows:
     There is established a Washington state arts commission within the department of heritage, arts, and culture. The commission consists of nineteen members appointed by the governor ((and four members of the legislature, one from each caucus in the senate and appointed by the president of the senate and one from each caucus in the house of representatives and appointed by the speaker of the house of representatives)). The governor shall appoint citizens representing the various disciplines within the visual, performing and literary arts, and other citizens active in the arts community. The governor shall consider nominations for membership from individuals actively involved in cultural, state or community organizations. The governor shall also consider geographical distribution of the membership in the appointment of new members.

Sec. 30   RCW 43.46.030 and 1985 c 317 s 3 are each amended to read as follows:
     Members shall serve three year terms. ((A legislative member shall serve as long as he or she is a member of the legislative body from which he or she was appointed.)) Each member will continue to serve until a successor is appointed. Vacancies shall be filled by appointment for the remainder of the unexpired term.

Sec. 31   RCW 43.46.040 and 1985 c 317 s 4 are each amended to read as follows:
     Members of the 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, elect a chairperson annually, and 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. 32   RCW 43.46.085 and 2007 c 128 s 3 are each amended to read as follows:
     The poet laureate account is created in the custody of the state treasurer. All receipts from gifts, grants, or endowments from public or private sources must be deposited into the account. Expenditures from the account may only be used for the poet laureate program. Only the ((executive director of the commission or the executive)) director of the department of heritage, arts, and culture or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 33   The following sections are recodified as sections in chapter 43.334 RCW: RCW 27.34.010, 27.34.020, 27.34.060, 27.34.070, 27.34.075, 27.34.080, 27.34.200, 27.34.220, 27.34.230, 27.34.240, 27.34.250, 27.34.260, 27.34.270, 27.34.280, 27.34.330, 27.34.350, 27.34.360, 27.34.365, 27.34.370, 27.34.375, 27.34.380, 27.34.390, 27.34.395, 27.34.400, 27.34.410, 27.34.415, 27.34.900, 27.34.906, 27.34.910, 27.34.915, 27.34.916, 43.336.010, 43.336.020, 43.336.030, 43.336.040, 43.336.050, 43.336.060, 43.336.900, 43.07.363, 43.07.365, 43.07.370, 43.07.380, 43.07.129, 43.330.090, 43.330.092, and 43.330.094.

NEW SECTION.  Sec. 34   A new section is added to chapter 43.334 RCW to read as follows:
     (1) All powers, duties, and functions of the secretary of state pertaining to the preservation and destruction of public records under chapter 40.14 RCW are transferred to the department of heritage, arts, and culture. All references to the director or the secretary of state in the Revised Code of Washington shall be construed to mean the director or the department of heritage, arts, and culture when referring to the functions transferred in this section.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the secretary of state pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of heritage, arts, and culture. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the secretary of state in carrying out the powers, functions, and duties transferred shall be made available to the department of heritage, arts, and culture. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of heritage, arts, and culture.
     (b) Any appropriations made to the secretary of state for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of heritage, arts, and culture.
     (c) Whenever 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 secretary of state engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of heritage, arts, and culture. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of heritage, arts, and culture 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 secretary of state pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of heritage, arts, and culture. All existing contracts and obligations shall remain in full force and shall be performed by the department of heritage, arts, and culture.
     (5) The transfer of the powers, duties, functions, and personnel of the secretary of state 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) All classified employees of the secretary of state assigned to the division of archives and records management whose positions are within an existing bargaining unit description at the division of archives and records management shall become a part of the existing bargaining unit at the division of archives and records management and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

NEW SECTION.  Sec. 35   A new section is added to chapter 43.334 RCW to read as follows:
     (1) All powers, duties, and functions of the department of commerce pertaining to the Washington tourism commission are transferred to the department of heritage, arts, and culture. All references to the director or the department of commerce in the Revised Code of Washington shall be construed to mean the director or the department of heritage, arts, and culture when referring to the functions transferred in this section.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of heritage, arts, and culture. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce in carrying out the powers, functions, and duties transferred shall be made available to the department of heritage, arts, and culture. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of heritage, arts, and culture.
     (b) Any appropriations made to the department of commerce for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of heritage, arts, and culture.
     (c) Whenever 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 department of commerce engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of heritage, arts, and culture. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of heritage, arts, and culture 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 department of commerce pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of heritage, arts, and culture. All existing contracts and obligations shall remain in full force and shall be performed by the department of heritage, arts, and culture.
     (5) The transfer of the powers, duties, functions, and personnel of the department of commerce 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) All classified employees of the department of commerce assigned to the Washington tourism commission under this section whose positions are within an existing bargaining unit description at the Washington tourism commission shall become a part of the existing bargaining unit at the Washington tourism commission and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

NEW SECTION.  Sec. 36   A new section is added to chapter 43.334 RCW to read as follows:
     (1) All powers, duties, and functions of the secretary of state pertaining to the Washington state legacy project under RCW 43.07.363 through 43.07.368 (as recodified by this act) are transferred to the department of heritage, arts, and culture. All references to the director or the secretary of state in the Revised Code of Washington shall be construed to mean the director or the department of heritage, arts, and culture when referring to the functions transferred in this section.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the secretary of state pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the department of heritage, arts, and culture. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the secretary of state in carrying out the powers, functions, and duties transferred shall be made available to the department of heritage, arts, and culture. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the department of heritage, arts, and culture.
     (b) Any appropriations made to the secretary of state for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the department of heritage, arts, and culture.
     (c) Whenever 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 secretary of state engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the department of heritage, arts, and culture. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of heritage, arts, and culture 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 secretary of state pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the department of heritage, arts, and culture. All existing contracts and obligations shall remain in full force and shall be performed by the department of heritage, arts, and culture.
     (5) The transfer of the powers, duties, functions, and personnel of the secretary of state 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) All classified employees of the secretary of state assigned to the Washington state legacy project under this section whose positions are within an existing bargaining unit description at the Washington state legacy project shall become a part of the existing bargaining unit at the Washington state legacy project and shall be considered an appropriate inclusion or modification of the existing bargaining unit under the provisions of chapter 41.80 RCW.

NEW SECTION.  Sec. 37   The code reviser must develop and submit legislation for the 2012 legislative session that updates and corrects statutes to reflect the changes in this act.