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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
]]]] 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, andagriculture, 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 finearts, 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 finearts. 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 and2 finearts 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 chairmanexecutive director shall , subject to the approval10 of the commission,set the compensation for all exemptnonclassified 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 finearts 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 alliedfolk 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 the31 humanitiesestablish 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 FOUNDATIONENDOWMENT. The 3 commission is the official agency of this state to receive and disburse any 4 funds made available by the national foundation onendowment for the arts. and5 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 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