SENATE BILL NO. 1438

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Bill Status



S1438......................................................by STATE AFFAIRS
IDAHO COMMISSION ON THE ARTS - Amends and repeals existing law to provide
administrative authority to the executive director of the Idaho Commission
on the Arts; to provide current references; to strike obsolete language; to
provide for rules; to provide a correct reference to the National Endowment
for the Arts; and to provide an exemption from the provisions of the
Standard Appropriation Act.
                                                                        
03/04    Senate intro - 1st rdg - to printing
03/05    Rpt prt - to St Aff
    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
      Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
      Marley, McKenzie, McWilliams, Noh, Pearce, Richardson, Schroeder,
      Sorensen, Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Noble
    Floor Sponsor - Calabretta
    Title apvd - to House
03/10    House intro - 1st rdg - to St Aff
03/16    Rpt out - rec d/p - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
    Rls susp - PASSED - 57-9-4
      AYES -- Andersen, Barraclough, Barrett, Bayer, Bedke, Bell, Block,
      Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Ellsworth, Eskridge, Field(18), Gagner,
      Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langford, Langhorst,
      Martinez, McGeachin, Miller, Mitchell, Naccarato, Nielsen,
      Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
      Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smith(24),
      Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Bauer, Eberle, Harwood, Kulczyk, McKague, Meyer, Rydalch,
      Sali, Wood
      Absent and excused -- Black, Edmunson, Field(23), Moyle
    Floor Sponsor - Shirley
    Title apvd - to Senate
03/18    To enrol
03/19    Rpt enrol - Pres signed - Sp signed
03/22    To Governor
03/23    Governor signed
         Session Law Chapter 231
         Effective: 07/01/04

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1438
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO COMMISSION ON THE ARTS; AMENDING SECTION 67-5601,  IDAHO
  3        CODE, TO REVISE THE DECLARATION OF POLICY; AMENDING SECTION 67-5602, IDAHO
  4        CODE,  TO  STRIKE  RESTRICTIVE  LANGUAGE;  AMENDING SECTION 67-5604, IDAHO
  5        CODE, TO PROVIDE  ADMINISTRATIVE  AUTHORITY  IN  THE  EXECUTIVE  DIRECTOR;
  6        AMENDING SECTION 67-5605, IDAHO CODE, TO STRIKE OBSOLETE PROVISIONS AND TO
  7        PROVIDE  FOR  RULES; AMENDING SECTION 67-5606, IDAHO CODE, TO ADD SERVICES
  8        AUTHORIZED; AMENDING SECTION 67-5607, IDAHO CODE, TO CORRECT REFERENCE  TO
  9        THE  NATIONAL  ENDOWMENT FOR THE ARTS AND TO PROVIDE THAT ALL FUNDS IN THE
 10        CUSTODY OR CONTROL OF THE COMMISSION ON THE ARTS, ALL GIFTS, CONTRIBUTIONS
 11        AND BEQUESTS OF FUNDS TO THE COMMISSION, AND ANY FUNDS RECEIVED  FROM  THE
 12        NATIONAL  ENDOWMENT  FOR  THE  ARTS BY THE COMMISSION, ARE HEREBY DECLARED
 13        EXEMPT FROM THE PROVISIONS OF THE STANDARD APPROPRIATIONS ACT OF 1945; AND
 14        REPEALING SECTION 67-5608, IDAHO CODE.
                                                                        
 15    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 16        SECTION 1.  That Section 67-5601, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:
                                                                        
 18        67-5601.  DECLARATION  OF  POLICY.  It  is  hereby  found that there is an
 19    increasing appreciation and interest in the  practice  and  enjoyment  of  the
 20    arts, that our citizens are becoming aware, due to increasing leisure time, of
 21    a  broader  and  richer life through artistic endeavors, that there is need to
 22    improve the cultural environment of our state, for our young people, and  that
 23    growth of our industry, commerce, and agriculture, and quality of life will be
 24    enhanced by cultural development.
 25        It  is  hereby  declared  to  be  the policy of the state to encourage the
 26    development of our artistic and cultural life and to join with all persons and
 27    institutions concerned with the arts to insure that the role of  the  arts  in
 28    our  communities  will grow and play an ever more significant part in the wel-
 29    fare and educational experience of our citizens.
                                                                        
 30        SECTION 2.  That Section 67-5602, Idaho Code, be, and the same  is  hereby
 31    amended to read as follows:
                                                                        
 32        67-5602.  COMMISSION  ON  THE  ARTS  --  CREATION  -- MEMBERSHIP. There is
 33    hereby created and established within the office of the governor a state  com-
 34    mission,  to be known as the Idaho commission on the arts, to consist of thir-
 35    teen (13) members, representative of the public, Idaho's ethnic  and  cultural
 36    diversity,  the  various  fields of the performing and fine arts, and all geo-
 37    graphic areas of our state. Each member shall be  appointed  by  the  governor
 38    from among citizens of the state who are widely known for their interest, com-
 39    petence,  and  experience  in  the  performing  and  fine arts. In making such
 40    appointments, due consideration shall be given to the recommendations made  by
 41    representative  civic,  educational  and  professional associations and groups
                                                                        
                                           2
                                                                        
  1    concerned with or engaged in production or presentation of the performing  and
  2    fine arts generally.
                                                                        
  3        SECTION  3.  That  Section 67-5604, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        67-5604.  EMPLOYEES. The commission shall employ, and at  pleasure  remove
  6    an  executive  director.  The  executive director shall be the chief executive
  7    officer of the commission. The director may, subject to the  approval  of  the
  8    commission,  employ  and remove any consultants, experts or other employees as
  9    may be needed. The chairman executive director shall, subject to the  approval
 10    of   the  commission,  set  the  compensation  for  all  exempt  nonclassified
 11    employees, within the amounts made available for such purposes.
                                                                        
 12        SECTION 4.  That Section 67-5605, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        67-5605.  DUTIES OF COMMISSION. The duties of the commission shall be:
 15        (1)  To stimulate and encourage throughout the state the study and presen-
 16    tation  of  the performing and fine arts and public interest and participation
 17    therein;
 18        (2)  To make such surveys as may be deemed advisable of public and private
 19    institutions engaged within the state in  artistic  and  cultural  activities,
 20    including  but not limited to, music, theatre, dance, creative writing, paint-
 21    ing, sculpture, architecture, and allied folk and traditional arts and crafts,
 22    and to make recommendations concerning appropriate methods to  encourage  par-
 23    ticipation  in  and  appreciation of the arts to meet the legitimate needs and
 24    aspirations of persons in all parts of the state;
 25        (3)  To take such steps as may be necessary and appropriate  to  encourage
 26    public  interest  in  the  cultural  heritage  of  our state and to expand the
 27    state's cultural resources;
 28        (4)  To encourage and assist freedom of artistic expression essential  for
 29    the well-being of the arts;
 30        (5)  To  support  and  strengthen  the  interest  in and the growth of the
 31    humanities establish such rules in compliance with chapter 52, title 67, Idaho
 32    Code, as may be necessary to discharge the duties of the commission.
                                                                        
 33        SECTION 5.  That Section 67-5606, Idaho Code, be, and the same  is  hereby
 34    amended to read as follows:
                                                                        
 35        67-5606.  HEARINGS  --  CONTRACTS -- ACCEPTANCE OF GIFTS AND BEQUESTS. The
 36    commission is hereby authorized and empowered to hold public and private hear-
 37    ings, to enter into contracts, within the limit of funds  available  therefor,
 38    with  individuals,  organizations and institutions for services furthering the
 39    educational and cultural objectives of the  commission's  programs;  to  enter
 40    into  contracts,  within the limit of funds available therefor, with local and
 41    regional associations for cooperative endeavors furthering the educational and
 42    cultural objectives of the commission's programs; to accept  gifts,  contribu-
 43    tions,  and bequests of funds from individuals, foundations, corporations, and
 44    other organizations or institutions, for the purpose of furthering the  educa-
 45    tional  and cultural objectives of the commission's programs; to make and sign
 46    any agreements and to do and perform any acts that may be necessary  to  carry
 47    out the purposes of the act.
                                                                        
 48        SECTION  6.  That  Section 67-5607, Idaho Code, be, and the same is hereby
                                                                        
                                           3
                                                                        
  1    amended to read as follows:
                                                                        
  2        67-5607.  AGENCY TO HANDLE FUNDS FROM NATIONAL FOUNDATION  ENDOWMENT.  The
  3    commission  is  the  official agency of this state to receive and disburse any
  4    funds made available by the national foundation on endowment for the arts. and
  5    humanities.
  6        All funds in the custody or control of the commission  on  the  arts,  all
  7    gifts,  contributions  and  bequests of funds to the commission, and any funds
  8    received from the national endowment for  the  arts  by  the  commission,  are
  9    hereby  declared exempt from the provisions of the standard appropriations act
 10    of 1945.
                                                                        
 11        SECTION 7.  That Section 67-5608, Idaho Code, be, and the same  is  hereby
 12    repealed.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                           RS 14152C1                        
                                
The statutory sections governing the Commission On The Arts were
enacted in 1967.  Current Idaho Code  67-5608 contains the
original provisions transferring to the commission the powers and
duties of the commission on the arts and humanities established
by a 1966 Executive Order.
  
This bill includes minor revisions reflecting changes in
terminology over the last quarter century such as the assignment
of support for the humanities to the Idaho Humanities Council and
the change in the name of the federal agency supporting the arts
to the National Endowment for the Arts.  The bill also revises
the process for setting employee salaries by removing the
requirement of commission approval.  The part-time commission
desires to delegate this function to the executive director.
Lastly, this bill consolidates the powers and duties of the
commission into Idaho Code.  Current Idaho Code  67-5608
incorporates the powers granted to the commission by the 1966
executive order.  This section is the source of the commission' s
power to enact the rules required to administer its programs. 
This bill adds rulemaking power to the powers granted to the
commission in Idaho Code  67-5605 and repeals the outdated
section 67-5608.  This bill preserves the current exemption from
appropriation for gifts and federal funding by moving it from the
repealed Idaho Code  67-5608 to section 67-5607.


                         FISCAL IMPACT
                                
None.




CONTACT
Name:     Dan Harpole, Executive Director    
Agency:   Idaho Commission on the Arts
Phone:    334-2119 ext. 29
          Cort Conley



Statement of Purpose/Fiscal Impact                  S 1438