SENATE BILL REPORT

SHB 2809

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Summary of Bill

Authorizes higher education institutions and state agencies to use up to 10 percent of the art allocation during the design phase.
Codifies provisions regarding art acquisition, lapsing of funds, annual reporting, and amounts that may be expended for maintaining existing art; and removes the language from Washington's Omnibus Capital Appropriations Act (Capital Budget).

Majority Report: Do pass.

Signed by Senators Rolfes, Chair; Frockt, Vice Chair; Braun, Ranking Member; Honeyford, Assistant Ranking Member; Bailey, Becker, Billig, Brown, Carlyle, Conway, Darneille, Fain, Hasegawa, Hunt, Keiser, Mullet, Palumbo, Pedersen, Ranker, Schoesler, Van De Wege, Wagoner and Warnick.

Background: The Legislature established the Art in Public Places Program, administered by the Washington State Arts Commission (Commission) in 1974. Artwork acquisition is funded through the Capital Budget using a formula of one-half of 1 percent of the state's portion of construction for new buildings. This includes art allocations for construction of K-12 public schools, higher education institutions, and state agencies. Higher education institutions also receive one-half of 1 percent for renovation projects exceeding $200,000. These artworks become part of the State Art Collection. The State Art Collection includes over 4600 works. The Commission initiated 50, and closed 32, art projects during the 2015-17 biennium.

The Capital Budget includes specific provisions related to art allocations including the parameters for amounts expended on direct acquisitions, the lapsing of art allocations, and an annual report. The 2015-17 Capital Budget specified at least 85 percent of the funds expended by the Commission must be for the direct acquisition of works of art. The Commission was authorized to use $100,000 of the amount appropriated to conserve or maintain existing pieces of state art. Additionally during the 2015-17 biennium, higher education institutions were authorized to work with the Commission to expend up to 10 percent of the projected art allocation for a project during the design phase. Art allocations that are not expended within the ensuing two biennia are to lapse.

Summary of Bill: Higher education institutions and state agencies that receive funding in the capital budget are permitted to expend up to 10 percent of the projected art allocation during the design phase. The one-half of 1 percent must be adjusted downward by the amount expended during the design phase.

At least 85 percent of the money spent by the Commission must be used on direct acquisition of works of art, and art allocations lapse if not expended within two biennia after the funds are allocated. The Commission is permitted to use up to $200,000 of the amount expended to conserve or maintain existing pieces of the state art collection. The Commission is required to report annually to the Office of Financial Management and fiscal committees of the Legislature regarding the projects commissioned, partner agencies, artwork costs, administrative costs, collection care costs, funding sources, and project status.

The 2015-17 and 2017-19 Capital Budget language is amended to remove the provisions that are codified, and instead a cross-reference to the new codified section is added.

Staff Summary of Public Testimony: PRO: This bill takes what has been provided year to year in the capital budget and codifies it. It allows the Washington State Arts Commission to retain $200,000 per biennium to conserve one of the nation's oldest and best art collections. The policy is well worked. This represents a common sense change to recognize the design role in art projects. The Commission works closely with its partner agencies, higher education institutions and school districts to help these entities chose art works that are reflective the school and community values and is within the art work budget.