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S1305......................................................by STATE AFFAIRS
IDAHO COMMISSION ON THE ARTS - Amends 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;
and to provide a correct reference to the National Endowment for the Arts.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1305
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;
7 AMENDING SECTION 67-5606, IDAHO CODE, TO ADD SERVICES AUTHORIZED; AMENDING
8 SECTION 67-5607, IDAHO CODE, TO CORRECT REFERENCE TO THE NATIONAL ENDOW-
9 MENT FOR THE ARTS; AND AMENDING SECTION 67-5608, IDAHO CODE, TO STRIKE
10 OBSOLETE LANGUAGE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 67-5601, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 67-5601. DECLARATION OF POLICY. It is hereby found that there is an
15 increasing appreciation and interest in the practice and enjoyment of the
16 arts, that our citizens are becoming aware, due to increasing leisure time, of
17 a broader and richer life through artistic endeavors, that there is need to
18 improve the cultural environment of our state, for our young people, and that
19 growth of our industry, commerce and agriculture, and quality of life will be
20 enhanced by cultural development.
21 It is hereby declared to be the policy of the state to encourage the
22 development of our artistic and cultural life and to join with all persons and
23 institutions concerned with the arts to insure that the role of the arts in
24 our communities will grow and play an ever more significant part in the wel-
25 fare and educational experience of our citizens.
26 SECTION 2. That Section 67-5602, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 67-5602. COMMISSION ON THE ARTS -- CREATION -- MEMBERSHIP. There is
29 hereby created and established within the office of the governor a state com-
30 mission, to be known as the Idaho commission on the arts, to consist of thir-
31 teen (13) members, representative of the public, Idaho's ethnic and cultural
32 diversity, the various fields of the performing and fine arts, and all geo-
33 graphic areas of our state. Each member shall be appointed by the governor
34 from among citizens of the state who are widely known for their interest, com-
35 petence, and experience in the performing and fine arts. In making such
36 appointments, due consideration shall be given to the recommendations made by
37 representative civic, educational and professional associations and groups
38 concerned with or engaged in production or presentation of the performing and
39 fine arts generally.
40 SECTION 3. That Section 67-5604, Idaho Code, be, and the same is hereby
2
1 amended to read as follows:
2 67-5604. EMPLOYEES. The commission shall employ, and at pleasure remove
3 an executive director. The executive director shall be the chief executive
4 officer of the commission. The director may, subject to the approval of the
5 commission, employ and remove any consultants, experts or other employees as
6 may be needed. The chairman executive director shall, subject to the approval
7 of the commission, set the compensation for all exempt employees, within the
8 amounts made available for such purposes.
9 SECTION 4. That Section 67-5605, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 67-5605. DUTIES OF COMMISSION. The duties of the commission shall be:
12 (1) To stimulate and encourage throughout the state the study and presen-
13 tation of the performing and fine arts and public interest and participation
14 therein;
15 (2) To make such surveys as may be deemed advisable of public and private
16 institutions engaged within the state in artistic and cultural activities,
17 including but not limited to, music, theatre, dance, creative writing, paint-
18 ing, sculpture, architecture, and allied folk and traditional arts and crafts,
19 and to make recommendations concerning appropriate methods to encourage par-
20 ticipation in and appreciation of the arts to meet the legitimate needs and
21 aspirations of persons in all parts of the state;
22 (3) To take such steps as may be necessary and appropriate to encourage
23 public interest in the cultural heritage of our state and to expand the
24 state's cultural resources;
25 (4) To encourage and assist freedom of artistic expression essential for
26 the well-being of the arts;
27 (5) To support and strengthen the interest in and the growth of the
28 humanities.
29 SECTION 5. That Section 67-5606, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 67-5606. HEARINGS -- CONTRACTS -- ACCEPTANCE OF GIFTS AND BEQUESTS. The
32 commission is hereby authorized and empowered to hold public and private hear-
33 ings, to enter into contracts, within the limit of funds available therefor,
34 with individuals, organizations and institutions for services furthering the
35 educational and cultural objectives of the commission's programs; to enter
36 into contracts, within the limit of funds available therefor, with local and
37 regional associations for cooperative endeavors furthering the educational
38 objectives of the commission's programs; to accept gifts, contributions, and
39 bequests of funds from individuals, foundations, corporations, and other orga-
40 nizations or institutions, for the purpose of furthering the educational
41 objectives of the commission's programs; to make and sign any agreements and
42 to do and perform any acts that may be necessary to carry out the purposes of
43 the act.
44 SECTION 6. That Section 67-5607, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 67-5607. AGENCY TO HANDLE FUNDS FROM NATIONAL FOUNDATION ENDOWMENT. The
47 commission is the official agency of this state to receive and disburse any
48 funds made available by the national foundation on endowment for the arts. and
3
1 humanities.
2 SECTION 7. That Section 67-5608, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 67-5608. TRANSFER OF POWERS, DUTIES, RECORDS, ASSETS, AND LIABILITIES OF
5 TEMPORARY COMMISSION. All of the functions and powers possessed by and all of
6 the obligations and duties of the temporary "commission on the arts and
7 humanities" created on March 26, 1966, by executive order of the governor of
8 the state of Idaho, are hereby transferred and assigned to, assumed by and
9 devolved upon, the Idaho commission on the arts and humanities created by this
10 act.
11 All appropriations to or any funds in the custody and control of the tem-
12 porary "commission on the arts and humanities" to the extent of remaining
13 unexpended or unencumbered, and balances thereof, whether allocated or unallo-
14 cated, and whether obligated or unobligated, are hereby transferred to and
15 made available for the use and expenditure by the Idaho commission on the arts
16 and humanities, for the same purpose for which originally appropriated or for
17 which the funds were received, and shall be payable on vouchers furnished or
18 approved by the chairman or vice-chairman of the Idaho commission on the arts.
19 and humanities.
20 All funds in the custody or control of the temporary "commission on the
21 arts and humanities" and subject to transfer to the Idaho commission on the
22 arts and humanities, all gifts, contributions and bequests of funds to the
23 commission, and any funds received from the national foundation on the arts
24 and humanities by the commission, are hereby declared exempt from the provi-
25 sions of the Standard Appropriations Act of 1945.
26 Payments for liabilities incurred by the temporary "commission on the arts
27 and humanities" and for liabilities to be incurred in completing its affairs,
28 shall also be made on vouchers or certificates approved by the chairman or
29 vice-chairman of the Idaho commission on the arts. and humanities.
30 The chairman of the temporary "commission on the arts and humanities"
31 shall deliver to the chairman executive director of the Idaho commission on
32 the arts and humanities all books, papers, records, and properties of the tem-
33 porary state commission.
34 The Idaho commission on the arts and humanities shall be deemed and held
35 to constitute the continuation of the temporary "commission on the arts and
36 humanities" and not a different agency or authority.
STATEMENT OF PURPOSE
RS 13939
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 1305