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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, 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
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