AN ACT Relating to the department of commerce and economic development; amending RCW 43.31.375, 43.31.377, 43.31.379, 43.31.381, 43.31.383, 43.31.385, 43.31.390, 43.31.820, 43.31.830, 43.31.832, 43.31.833, 43.31.834, 43.31.840, 19.02.040, 19.02.050, 24.46.010, 28C.04.440, 28C.04.460, 31.24.030, 35.21.800, 36.01.120, 39.19.040, 39.84.090, 43.17.010, 43.17.020, 43.21.260, 43.21A.170, 43.21A.510, 43.21A.515, 43.63A.075, 43.83.184, 43.96D.010, 43.96D.020, 43.96D.040, 43.160.020, 43.160.030, 43.170.020, 43.170.030, 43.175.010, 43.175.020, 43.210.050, 43.210.060, 50.38.030, 67.16.100, 67.34.010, 70.95.265, and 76.09.030; reenacting and amending RCW 80.50.030; adding new sections to chapter 43.31 RCW; creating new sections; recodifying RCW 43.31.400, 43.31.405, 43.31.410, 43.31.415, and 43.31.420; decodifying RCW 43.31.500, 43.31.510, 43.31.520, 43.31.525, 43.31.530, 43.31.540, 43.31.550, 43.31.560, 43.31.570, 43.31.580, 43.31.590, 43.31.620, 43.31.630, 43.31.640, 43.31.660, 43.31.670, 43.31.680, 43.31.690, 43.31.700, 43.31.710, 43.31.720, 43.31.730, 43.31.740, 43.31.750, 43.31.760, 43.31.770, 43.31.865, 43.63A.090, 43.96B.010, 43.96B.020, 43.96B.030, 43.96B.060, 43.96B.070, 43.96B.080, 43.96B.090, 43.96B.100, 43.96B.110, 43.96B.120, 43.96B.140, 43.96C.010, 43.96C.020, 43.96C.030, 43.96C.040, 43.96C.050, and 43.96C.060; repealing RCW 43.31.020, 43.31.040, 43.31.050, 43.31.060, 43.31.070, 43.31.080, 43.31.110, 43.31.120, 43.31.140, 43.31.150, 43.31.160, 43.31.170, 43.31.180, 43.31.350, 43.31.360, 43.31.370, 43.31.800, 43.31.831, 43.31.860, 43.31.870, 43.31.875, 43.31.880, 43.31.885, 43.31.890, 43.31.895, 43.31.900, 43.31.910, 43.31.915, 43.31.920, 43.31.925, 43.31.930, 43.31.935, 43.31.940, 43.31.942, 43.31.944, 43.31.946, 43.31.948, 43.31.956, 43.31.958, 43.31.960, 43.31.962, 43.31.964, 43.131.257, 43.131.258, 43.31B.010, 43.31B.020, 43.31B.030, 43.31B.040, 43.31B.050, 43.31B.900, 43.131.317, and 43.131.318; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature of the state of Washington finds that the state has been plagued consistently by high unemployment and revenue shortfalls. Certain industries have demonstrated promising growth while other more traditional sectors have become stagnant and are susceptible to economic downturns. The legislature therefore determines that it is in the public interest to establish a department of trade and economic development.

The department shall take primary responsibility in encouraging balanced growth of the state economy and facilitating increased public and private investment in Washington's comparative economic advantages. Economic development shall be consistent with preserving the state's quality of life and environmental regulations. Through research, coordination, information activities, promotion, and marketing and through programs of international trade, local business development, and tourism the department shall develop partnership efforts with the private sector to foster the growth and diversification of industry.

It is the policy of the state of Washington to encourage and promote an economic climate that provides sufficient employment opportunities for our current resident work force and those individuals who will enter the state's work force in the future.

In order to aid the citizens of Washington to obtain desirable employment and achieve adequate incomes, it is necessary for the state to encourage and promote a more diversified and healthy economy. Increased economic opportunities through diversification will result in reduced unemployment. In addition, enhanced employment opportunities will be provided for the underemployed and the dislocated worker as well as those citizens who will enter the work force in the years ahead.

The state's primary economic strategy is to encourage the expansion and retention of existing businesses and to attract new businesses and industries. Our citizens must also be provided with the skills necessary to compete for the new job opportunities provided by the expansion, particularly with respect to high-technology industry.

NEW SECTION. Sec. 2. There is established a department of state government to be known as the department of trade and economic development. The department shall be vested with all powers and duties authorized under this chapter and such other powers and duties as may be provided by law.

NEW SECTION. Sec. 3. The executive head and appointing authority of the department shall be the director. The director shall be appointed by the governor, with the consent of the senate, and shall serve at the pleasure of the governor. The director shall be paid a salary to be fixed by the governor in accordance with RCW 43.03.040.

NEW SECTION. Sec. 4. As used in this chapter, unless the context indicates otherwise:

(1) "Department" means the department of trade and economic development.

(2) "Director" means the director of trade and economic development.

NEW SECTION. Sec. 5. The director shall supervise and administer the activities of the department and shall advise the governor and the legislature with respect to matters affecting trade and economic development generally.

The director may: Enter into contracts on behalf of the state to carry out the purposes of this chapter; act for the state in the initiation of or participation in any multigovernmental program relative to the purposes of this chapter; and accept gifts and grants, whether such grants be of federal or other funds. When federal or other funds are received by the department they shall be promptly transferred to the state treasurer and thereafter expended only upon the approval of the director. The director shall: Prepare and submit for executive and legislative action thereon the budget for the department; make a biennial report to the governor and to the legislature on the activities of the department and the nature of existing economic development problems; and after consultation with and approval by the governor, submit such recommendations for legislative action as are deemed necessary to further the purposes of this chapter. The director may request information and assistance from all other agencies, departments, and officials of the state and may reimburse such agencies, departments, or officials when any such request imposes any additional expenses upon any such agency, department, or official. The director shall adopt such rules in accordance with chapter 34.04 RCW and do all other things necessary and proper to carry out the purposes of this chapter.

The director shall, in carrying out the responsibilities of office, consult with governmental officials, private groups, and individuals and with officials of other states and may, if the director deems it desirable, hold public hearings to obtain information for the purpose of carrying out the purposes of this chapter. All state agencies and their officials and the officials of any political subdivision of the state shall cooperate with and give such assistance to the department, including the submission of requested information, as to allow the department to carry out its purposes under this chapter.

NEW SECTION. Sec. 6. The director shall have the power to appoint a confidential secretary, a deputy, and such managing directors as may be required to carry out the functions and duties of the department. The director shall also have the power to employ such professional, technical, and clerical employees as may be necessary for the general administration of the department in accordance with chapter 41.06 RCW, except as otherwise provided.

The director may also delegate such functions, powers, and duties to other officers and employees of the department as the director deems expedient to the furtherance of the purposes of this chapter, but the director shall be responsible for the official acts of the officers and employees of the department. The director shall ensure that yearly work plans are developed for all offices and divisions within the department.

NEW SECTION. Sec. 7. (1) In order to advise the governor, the legislature, the director, and the department on the wide range of economic development policies and issues, there is created an advisory board known as the Washington state economic development board.

(2) The board shall be composed primarily of citizens from the private sector who are actively engaged in organizations and businesses which support economic expansion and job creation. The governor shall appoint representatives of various geographic regions; of small, medium, and large businesses; of organized labor; and of economic development professionals. The director of trade and economic development and the director of financial management shall serve on the board. The majority and minority leaders of the senate and of the house of representatives of the state of Washington shall be invited to nominate one legislator to sit on the board as a voting member. The governor shall serve as one co-chairperson and shall designate a co-chairperson of the board from among the citizen members of the board. The board shall consist of at least twenty-one members. All members shall serve four-year terms on an appointed and staggered basis. Members are subject to dismissal by either chairperson due to lack of attendance or contribution.

The board shall meet regularly and shall create subcommittees as needed to deal with specific issues and concerns. Members shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060, except legislative members shall be reimbursed under RCW 44.04.120.

(3) The board shall develop a long-term economic development strategy for the state. The board shall recommend to the department, the governor, and the legislature those strategies, policies, and programs it deems to be in the best interest of the state to pursue.

(4) The board shall make specific recommendations for the establishment of public-private cooperative efforts in economic development partnerships between the state and the private sector, including but not limited to the need for establishing formal working relationships, whether by contract or otherwise, for purposes of engaging in joint, cooperative economic development activities.

(5) The board shall review and report to the department and to the governor with regard to the organizational structure, professional staffing, and overall program effectiveness of the department, and shall make recommendations with regard to such changes as it perceives necessary and appropriate.

(6) The board shall review the proposed biennial budget of the department of trade and economic development and advise the governor and the legislature with regard to the same.

(7) The board shall review, analyze, and report, as it desires, on the various economic development policy recommendations made by other agencies or other organizations.

(8) Staff assistance for the board shall be provided as appropriate by the department, the office of the governor, the office of financial management, and contributed private sector staff.

NEW SECTION. Sec. 8. There is created within the department an office of marketing and communications. The purpose of the office is to coordinate external marketing and to facilitate timely communications to businesses within the state and other potential investors. The office shall:

(1) Coordinate state-sponsored marketing missions both domestically and internationally and serve as the state's official liaison office with foreign governments.

(2) Establish a visible outreach and communication network to businesses which can utilize state and federal development programs.

(3) Assist in coordinating other economic development activities in state agencies.

(4) Serve as the focal point for a small business ombudsman to provide information and technical assistance to businesses in areas of small business services and resources, procurement opportunities, and regulatory requirements. The ombudsman shall work together with community colleges, economic development councils, chambers of commerce, local governments, small business development centers, and other organizations in various communities to achieve an efficient and coordinated delivery system for small business services throughout the state. The ombudsmen shall monitor agency compliance with the regulatory fairness act.

(5) Assist in the development and dissemination of all department publications and advertising.

(6) Accept other duties and responsibilities as the director deems necessary.

NEW SECTION. Sec. 9. There is created within the department an office of strategic planning. The purpose of the office is to provide a strategic market analysis capacity for the department and other pertinent boards and commissions. The office shall:

(1) Assist the Washington state economic development board in analyzing market prospects for Washington's businesses and industries. The office shall assist the board in developing and implementing a process to develop a long-term economic development strategy for the state.

(2) Provide up-to-date information on market and economic trends generally throughout the state and for various geographic regions within the state.

(3) Assist the director, department, and other state and local agencies in linking effectively their department's programs to business and community needs.

(4) Assist in the implementation of a long-term economic strategy for the state and the continual update of information and strategies contained in the long-term economic program for the state.

(5) Assume other responsibilities the director deems necessary.

NEW SECTION. Sec. 10. There is created within the department a division of international trade and investment development. The division shall encourage and facilitate the growth of international trade and the attraction of international investment within the state. The division's responsibilities shall include but not be limited to the following:

(1) Develop programs to attract international investors and provide a focal point for them in their dealings with federal, state, and local government including market prospects, site availability, production costs, development programs, immigration requirements, licenses and certificates, and regulations.

(2) Operate an active and vigorous effort to market the state's products and services internationally, coordinated with private and public international trade efforts throughout the state.

(3) Provide advice, information, and technical and financial assistance and resources to current or potential state producers of exportable goods and services.

(4) Develop a coordinated international trade information data base in concert with other public and private agencies and organizations to maximize the timeliness, appropriateness, and access to trade market information by state businesses and industries.

(5) Send delegations to and have representatives in foreign countries to promote trade and encourage international investment and travel in the state.

(6) Analyze barriers to trade and international investment for Washington's goods and services.

(7) Establish, maintain, and evaluate such foreign offices as are necessary.

NEW SECTION. Sec. 11. There is created within the department a division of local business development. The division shall facilitate and support the location and expansion of businesses within the state by providing assistance to businesses and local, regional, and state development entities and programs. The division's responsibilities shall include but not be limited to:

(1) Providing technical assistance, information, and financial assistance to prospective new and existing firms including information on site availability, taxation, regulations, licenses, permits, business conditions, and business financing tools.

(2) Promoting and assisting in the location of new industries and employers to the state as well as the expansion and retention of the existing industries and employers in the state through coordinated economic development activities with other state and local development organizations and agencies. The division shall provide for an efficient case management system acting as a liaison between business firms desiring to locate in the state and state and local groups seeking new business. The division shall maintain the confidential nature of the business it conducts.

(3) Providing staff support and analysis to other development activities and regions in the state including distressed areas, technology transfer, port development, the community economic revitalization board as provided in chapter 43.160 RCW, and employment and training programs. The division shall actively promote the expansion and retention of existing industries through linking state and local development programs to private sector initiatives.

NEW SECTION. Sec. 12. There is created within the department a division of tourism development. The division shall promote, market, and facilitate the attraction of visitors and conventions to the state and the expansion of the tourism industry throughout the state. The division's responsibilities shall include but not be limited to:

(1) Actively advertising the state and its tourism resources as a destination both domestically and internationally.

(2) Coordinating its activities with private sector tourism and visitor organizations so as to increase private funding and participation in state tourism programs.

(3) Encouraging and stimulating the development of specific local tourism attractions and tourism destination facilities throughout the state.

NEW SECTION. Sec. 13. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of commerce and economic development shall be delivered to the custody of the department of trade and economic development. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of commerce and economic development shall be made available to the department of trade and economic development. All funds, credits, or other assets held by the department of commerce and economic development shall be assigned to the department of trade and economic development.

Any appropriations made to the department of commerce and economic development shall, on the effective date of this act, be transferred and credited to the department of trade and economic development.

Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.

NEW SECTION. Sec. 14. All classified employees of the department of commerce and economic development are transferred to the jurisdiction of the department of trade and economic development. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the department of trade and economic development to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

NEW SECTION. Sec. 15. All rules and all pending business before the department of commerce and economic development shall be continued and acted upon by the department of trade and economic development. All existing contracts and obligations shall remain in full force and shall be performed by the department of trade and economic development.

NEW SECTION. Sec. 16. The transfer of the powers, duties, functions, and personnel of the department of commerce and economic development shall not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 17. If apportionments of budgeted funds are required because of the transfers directed by sections 13 through 16 of this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

NEW SECTION. Sec. 18. Nothing contained in sections 13 through 17 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 19. Section 2, chapter 175, Laws of 1984 and RCW 43.31.375 are each amended to read as follows:

Unless the context requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Attache" means an honorary commercial attache.

(2) "Department" means the department of ((~~commerce~~)) trade and economic development, or its successor agency.

(3) "Director" means the director of ((~~commerce~~)) trade and economic development, or its successor agency.

(4) "((~~Office" or "office~~)) Division" or "division of international trade and investment development" means ((~~the office of international trade~~)) that division of the department of ((~~commerce~~)) trade and economic development, or its successor agency.

(5) "Program" means the honorary commercial attache program.

Sec. 20. Section 3, chapter 175, Laws of 1984 and RCW 43.31.377 are each amended to read as follows:

There is established within the ((~~office~~)) division of international trade and investment development the honorary commercial attache program.

The ((~~office~~)) division in administering the program, shall:

(1) Identify candidate attaches by accepting recommendations and soliciting referrals from Washington state businesses having extensive overseas trade involvement, state universities with foreign student exchange programs, local internationally oriented societies and trade groups, international consulates, various levels of government, and other sources.

(2) Screen applicants to determine their suitability to ably represent the state as honorary commercial attaches, including:

(a) Making formal inquiry to the United States commercial attache in the appropriate United States embassy or consulate general;

(b) Conducting background research and reference evaluation as necessary to ensure that the applicant is a distinguished and respected member of his or her profession;

(3) Make its report and recommendations to the governor and the president of the senate regarding applicants;

(4) Provide a comprehensive orientation on state products and services and opportunities for investment in the state on an ongoing basis to attaches;

(5) Prepare and provide the necessary brochures, pamphlets, and materials for use and distribution by attaches;

(6) Target those regions and countries in which an attache would be most beneficial; and

(7) Assist the attaches in the execution of their duties including providing guidance on developing trade and investment leads and acting as a focal point for all resulting communications between international companies and individuals with the state.

The department may administer the honorary commercial attache program in conjunction with other similar programs.

Sec. 21. Section 4, chapter 175, Laws of 1984 and RCW 43.31.379 are each amended to read as follows:

Honorary commercial attaches shall be appointed by the governor, with approval by the president of the senate, from recommendations submitted by the director of ((~~commerce~~)) trade and economic development. Upon appointment, an honorary commercial attache shall receive from the governor an official certificate and letter of appointment and the state flag. These articles may be used by the attache in the conduct of his or her official duties.

Sec. 22. Section 5, chapter 175, Laws of 1984 and RCW 43.31.381 are each amended to read as follows:

Honorary commercial attaches shall act as representatives of the state in promoting international investment, trade, and tourism in Washington state in a manner consistent with this chapter.

The ((~~office~~)) division shall coordinate the development of the attaches' agendas and long-term and short-term plans for the activities of the attaches. An attache shall avoid conducting private or personal business when acting as a representative of the state of Washington. In any situation presenting a possible or apparent conflict of interest, the attache shall notify the director who shall recommend appropriate action. Honorary commercial attaches shall not receive compensation, or reimbursement for travel or any other expenses associated with their duties.

Sec. 23. Section 6, chapter 175, Laws of 1984 and RCW 43.31.383 are each amended to read as follows:

The department through the ((~~office~~)) division may:

(1) Receive funds, contract with institutions of higher education, and carry out such other duties as are deemed necessary to implement RCW 43.31.373 through 43.31.387;

(2) Receive such gifts, grants, and endowments from private or public sources as may be made available, in trust or otherwise, for the use and benefit of the honorary commercial attache program, and expend the same or any income therefrom according to the terms of the gifts, grants, or endowments; and

(3) Charge reasonable fees or other appropriate charges for using the ((~~office's~~)) division's services, attendance at workshops and conferences sponsored by the ((~~office~~)) division, and for various publications and materials which it is authorized to prepare and distribute for the purpose of defraying all or part of the costs of the ((~~office~~)) division in administering the honorary commercial attache program.

Sec. 24. Section 7, chapter 175, Laws of 1984 and RCW 43.31.385 are each amended to read as follows:

The director ((~~of commerce and economic development, or its successor agency,~~)) shall report annually to the appropriate legislative committees with special emphasis on the honorary commercial attache program's impact on the economy of the state; the number of honorary commercial attaches; and recommendations regarding the program.

Sec. 25. Section 4, chapter 94, Laws of 1984 and RCW 43.31.390 are each amended to read as follows:

The department ((~~of commerce and economic development~~)) shall incorporate information from the environmental profile developed by the department of ecology in accordance with RCW 43.21A.510 in preparing promotional brochures and in its presentations to businesses considering locating in Washington state. It shall also make the information available to local economic development groups for use in local economic development efforts.

Sec. 26. Section 4, chapter 148, Laws of 1965 as amended by section 4, chapter 292, Laws of 1975 1st ex. sess. and RCW 43.31.820 are each amended to read as follows:

The board of trustees of any state international trade fair sponsored by any public agency, qualifying under the provisions of RCW 43.31.790 through 43.31.860 and 67.16.100, as now or hereafter amended, may apply to the director for moneys to carry on the continued development as well as the operation of said fair, said money to be appropriated from the state ((~~international~~)) trade fair fund as provided for in RCW 67.16.100, as now or hereafter amended.

Sec. 27. Section 5, chapter 148, Laws of 1965 as amended by section 5, chapter 292, Laws of 1975 1st ex. sess. and RCW 43.31.830 are each amended to read as follows:

It shall be the duty of the director to certify, from the applications received, the state international trade fair or fairs qualified and entitled to receive funds under RCW 43.31.790 through 43.31.860 and 67.16.100, as now or hereafter amended. The director shall make annual allotments to state international trade fairs determined qualified to be entitled to participate in the state ((~~international~~)) trade fair fund and shall fix times for the division of and payment from the state ((~~international~~)) trade fair fund: PROVIDED, That total payment to any one state international trade fair shall not exceed sixty thousand dollars in any one year, where participation or presentation occurs within the United States, and eighty thousand dollars in any one year, where participation or presentation occurs outside the United States: PROVIDED FURTHER, That a state international trade fair may qualify for the full allotment of funds under either category. Upon certification of the allotment and division of fair funds by the director ((~~of commerce and economic development~~)) the treasurer shall proceed to pay the same to carry out the purposes of RCW 43.31.790 through 43.31.860 and 67.16.100, as now or hereafter amended.

Sec. 28. Section 2, chapter 93, Laws of 1972 ex. sess. as last amended by section 1, chapter 2, Laws of 1981 2nd ex. sess. and RCW 43.31.832 are each amended to read as follows:

((~~In addition to the sum transferred in RCW 43.31.831, additional~~)) Funds determined to be surplus funds by the director ((~~of the department of commerce and economic development~~)) may be transferred from the state trade fair fund to the general fund upon the recommendation of the director ((~~of the department of commerce and economic development~~)) and the state treasurer: PROVIDED, That the director may also elect to expend up to one million dollars of such surplus during each biennial period on ((~~the department of commerce and economic development~~)) foreign trade related activities, including, but not limited to, promotion of investment ((~~pursuant to RCW 43.31.060~~)), tourism ((~~pursuant to RCW 43.31.050~~)), and foreign trade ((~~pursuant to RCW 43.31.350 through 43.31.370~~)).

Sec. 29. Section 3, chapter 93, Laws of 1972 ex. sess. and RCW 43.31.833 are each amended to read as follows:

RCW ((~~43.31.831~~)) 43.31.832 through 43.31.834 shall not be construed to interfere with the state financial aid made available under the provisions of RCW 43.31.790 through 43.31.860 regardless of whether such aid was made available before or after May 23, 1972.

Sec. 30. Section 4, chapter 93, Laws of 1972 ex. sess. and RCW 43.31.834 are each amended to read as follows:

RCW ((~~43.31.831~~)) 43.31.832 through 43.31.834 shall be construed to supersede any provision of existing law to the contrary.

Sec. 31. Section 6, chapter 148, Laws of 1965 as amended by section 6, chapter 292, Laws of 1975 1st ex. sess. and RCW 43.31.840 are each amended to read as follows:

The director shall at the end of each year for which an annual allotment has been made, cause to be conducted, a post audit of all of the books and records of each state international trade fair participating in the state trade fair fund. The purpose of such post audit shall be to determine how and to what extent each participating state international trade fair has expended all of its funds.

The audit required by this section shall be a condition to future allotments of money from the state ((~~international~~)) trade fair fund, and the director shall make a report of the findings of each post audit and shall use such report as a consideration in an application for any future allocations.

Sec. 32. Section 4, chapter 319, Laws of 1977 ex. sess. as last amended by section 5, chapter 182, Laws of 1982 and RCW 19.02.040 are each amended to read as follows:

(1) There is hereby created a board of review to provide policy direction to the department of licensing as it establishes and operates the business registration and licensing system. The board of review shall be composed of the following officials or their designees:

(a) Director, department of revenue;

(b) Director, department of labor and industries;

(d) Director, department of agriculture;

(e) Director, department of ((~~commerce~~)) trade and economic development;

(f) Director, department of licensing;

(g) Director, office of financial management;

(h) Chairman, liquor control board;

(i) Secretary, department of social and health services;

(j) Secretary of state;

(k) The governor; and

(l) As ex officio members:

(i) The president of the senate or the president's designee;

(ii) The speaker of the house or the speaker's designee; and

(iii) A representative of a recognized state-wide organization of employers, representing a large cross section of the Washington business community, to be appointed by the governor.

(2) The governor shall be the chairperson. In the governor's absence, the secretary of state shall act as chairperson.

(3) The board shall meet at the call of the chairperson at least semi-annually or at the call of a member to:

(a) Establish interagency policy guidelines for the system;

(b) Review the findings, status, and problems of system operations and recommend courses of action;

(d) Determine in questionable cases whether a specific license is to be included in the master license system;

(e) Review and make recommendations on rules proposed by the business license center and any amendments to or revisions of the center's rules.

(4) The board shall submit a report to the legislature each biennium identifying the licenses that the board believes should be added to the list of those processed under the master license system.

Sec. 33. Section 5, chapter 319, Laws of 1977 ex. sess. as amended by section 78, chapter 158, Laws of 1979 and RCW 19.02.050 are each amended to read as follows:

(1) The legislature hereby directs the full participation by the following agencies in the implementation of this chapter:

(a) Department of agriculture;

(b) Secretary of state;

(d) Department of revenue;

(e) Department of fisheries;

(f) Department of employment security;

(g) Department of labor and industries;

(h) Department of ((~~commerce~~)) trade and economic development;

(i) Liquor control board;

(j) Board of pharmacy;

(k) Department of licensing;

(l) Utilities and transportation commission; and

(m) Other agencies as determined by the governor.

Sec. 34. Section 1, chapter 196, Laws of 1977 ex. sess. and RCW 24.46.010 are each amended to read as follows:

It is the finding of the legislature that foreign trade zones serve an important public purpose by the creation of employment opportunities within the state and that the establishment of zones designed to accomplish this purpose is to be encouraged. It is the further intent of the legislature that the department of ((~~commerce~~)) trade and economic development provide assistance to entities planning to apply to the United States for permission to establish such zones.

Sec. 35. Section 6, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.440 are each amended to read as follows:

The department of ((~~commerce~~)) trade and economic development or its successor and the employment security department shall each enter into an interagency agreement with the commission on vocational education to establish cooperative working arrangements for the purposes of RCW 28C.04.410 through 28C.04.480.

Sec. 36. Section 8, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.460 are each amended to read as follows:

The department of ((~~commerce~~)) trade and economic development or its successor shall for the purposes of RCW 28C.04.410 through 28C.04.480:

(1) Work cooperatively with the commission on vocational education to market the job skills program to business and economic development agencies and other firms;

(2) Recruit industries from outside the state to participate in the job skills training program; and

(3) Refer business and industry interested in developing a job skills training program to the commission on vocational education.

Sec. 37. Section 3, chapter 162, Laws of 1963 as amended by section 51, chapter 3, Laws of 1983 and RCW 31.24.030 are each amended to read as follows:

In furtherance of its purposes and in addition to the powers now or hereafter conferred on business corporations by the provisions of Title 23A RCW, the corporation shall, subject to the restrictions and limitations herein contained, have the following powers:

(1) To elect, appoint and employ officers, agents and employees; to make contracts and incur liabilities for any of the purposes of the corporation: PROVIDED, That the corporation shall not incur any secondary liability by way of guaranty or endorsement of the obligations of any person, firm, corporation, joint stock company, association or trust, or in any other manner.

(2) To borrow money from its members and the small business administration and any other similar federal agency, for any of the purposes of the corporation; to issue therefor its bonds, debentures, notes or other evidence of indebtedness, whether secured or unsecured, and to secure the same by mortgage, pledge, deed of trust or other lien on its property, franchises, rights and privileges of every kind and nature or any part thereof or interest therein, without securing stockholder or member approval: PROVIDED, That no loan to the corporation shall be secured in any manner unless all outstanding loans to the corporation shall be secured equally and ratably in proportion to the unpaid balance of such loans and in the same manner.

(3) To make loans to any person, firm, corporation, joint-stock company, association or trust, and to establish and regulate the terms and conditions with respect to any such loans and the charges for interest and service connected therewith: PROVIDED, That the corporation shall not approve any application for a loan unless and until the person applying for said loan shall show that he has applied for the loan through ordinary banking channels and that the loan has been refused by at least one bank or other financial institution.

(4) To purchase, receive, hold, lease, or otherwise acquire, and to sell, convey, transfer, lease or otherwise dispose of real and personal property, together with such rights and privileges as may be incidental and appurtenant thereto and the use thereof, including, but not restricted to, any real or personal property acquired by the corporation from time to time in the satisfaction of debts or enforcement of obligations.

(5) To acquire the good will, business, rights, real and personal property, and other assets, or any part thereof, or interest therein, of any persons, firms, corporations, joint-stock companies, associations or trusts, and to assume, undertake, or pay the obligations, debts and liabilities of any such person, firm, corporation, joint-stock company, association or trust; to acquire improved or unimproved real estate for the purpose of constructing industrial plants or other business establishments thereon or for the purpose of disposing of such real estate to others for the construction of industrial plants or other business establishments; and to acquire, construct or reconstruct, alter, repair, maintain, operate, sell, convey, transfer, lease, or otherwise dispose of industrial plants or business establishments.

(6) To acquire, subscribe for, own, hold, sell, assign, transfer, mortgage, pledge or otherwise dispose of the stock, shares, bonds, debentures, notes or other securities and evidences of interest in, or indebtedness of, any person, firm, corporation, joint-stock company, association or trust, and while the owner or holder thereof to exercise all the rights, powers and privileges of ownership, including the right to vote thereon.

(7) To mortgage, pledge, or otherwise encumber any property, right or things of value, acquired pursuant to the powers contained in subsections (4), (5), or (6) of this section, as security for the payment of any part of the purchase price thereof.

(8) To cooperate with and avail itself of the facilities of the United States department of commerce, the department of ((~~commerce~~)) trade and economic development, and any other similar state or federal governmental agencies; and to cooperate with and assist, and otherwise encourage organizations in the various communities of the state in the promotion, assistance and development of the business prosperity and economic welfare of such communities or of this state or of any part thereof.

(9) To do all acts and things necessary or convenient to carry out the powers expressly granted in this chapter.

Sec. 38. Section 3, chapter 196, Laws of 1977 ex. sess. and RCW 35.21.800 are each amended to read as follows:

Sec. 39. Section 5, chapter 196, Laws of 1977 ex. sess. and RCW 36.01.120 are each amended to read as follows:

Sec. 40. Section 4, chapter 120, Laws of 1983 and RCW 39.19.040 are each amended to read as follows:

(1) There is hereby created an advisory committee on minority and women's business enterprises to assist the director with the development of policies to carry out this chapter, consisting of the director of the office of financial management as a voting member and the following nonvoting members: The executive director of the human rights commission, a representative of the council of state college and university presidents, the commissioner of employment security, the secretary of social and health services, the secretary of transportation, the director of general administration, and the director of ((~~commerce~~)) trade and economic development. The president of the senate and the speaker of the house shall appoint two members each, one from the majority, and one from the minority party of each body. The governor shall appoint nine voting members from the private sector who shall be representative of both sexes and who shall also be ethnically and geographically diverse. Six of the private sector members shall represent minority and women-owned businesses; three members shall be from the business community.

(2) The initial terms of the private sector members shall commence on July 1, 1983. Five private sector members shall be appointed for an initial term of two years; four private sector members shall be appointed for an initial term of four years. Thereafter, all private sector members shall be appointed for four years or until their respective successors are appointed. Appointments to fill vacancies shall be for the balance of any unexpired term, and shall be filled in the same manner as the original appointments.

(3) Private sector members shall serve without pay, but all committee members shall be entitled to reimbursement for travel expenses incurred in performance of their duties as members of the committee under RCW 43.03.050 and 43.03.060, except that legislative members shall be entitled to reimbursement under RCW 44.04.120.

(4) Six voting members constitute a quorum for the conduct of official business. The advisory committee shall elect a chairperson from among the private sector members.

Sec. 41. Section 9, chapter 300, Laws of 1981 and RCW 39.84.090 are each amended to read as follows:

(1) Prior to issuance of any revenue bonds, each public corporation shall submit a copy of its enabling ordinance and charter, a description of any industrial development facility proposed to be undertaken, and the basis for its qualification as an industrial development facility to the department of ((~~commerce~~)) trade and economic development.

(2) If the industrial development facility is not eligible under this chapter, the department of ((~~commerce~~)) trade and economic development shall give notice to the public corporation, in writing and by certified mail, within twelve working days of receipt of the description.

(3) The department of ((~~commerce~~)) trade and economic development shall report annually to the legislature and the governor on the amount of capital investment undertaken under this chapter and the amount of permanent employment reasonably related to the existence of such industrial development facilities.

(4) The department of ((~~commerce~~)) trade and economic development shall provide such advice and assistance to public corporations and municipalities which have created or may wish to create public corporations as the public corporations or municipalities request and the department of ((~~commerce~~)) trade and economic development considers appropriate.

Sec. 42. Section 1, chapter 10, Laws of 1979 as last amended by section 12, chapter 125, Laws of 1984 and RCW 43.17.010 are each amended to read as follows:

There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fisheries, (6) the department of game, (7) the department of transportation, (8) the department of licensing, (9) the department of general administration, (10) the department of ((~~commerce~~)) trade and economic development, (11) the department of veterans affairs, (12) the department of revenue, (13) the department of retirement systems, (14) the department of corrections, and (15) the department of community development, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

Sec. 43. Section 2, chapter 10, Laws of 1979 as last amended by section 13, chapter 125, Laws of 1984 and RCW 43.17.020 are each amended to read as follows:

There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fisheries, (6) the director of game, (7) the secretary of transportation, (8) the director of licensing, (9) the director of general administration, (10) the director of ((~~commerce~~)) trade and economic development, (11) the director of veterans affairs, (12) the director of revenue, (13) the director of retirement systems, (14) the secretary of corrections, and (15) the director of community development.

Such officers, except the secretary of transportation and the director of game, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. If a vacancy occurs while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate. The secretary of transportation shall be appointed by the transportation commission as prescribed by RCW 47.01.041, and the director of game shall be appointed by the game commission.

Sec. 44. Section 43.21.260, chapter 8, Laws of 1965 and RCW 43.21.260 are each amended to read as follows:

Before the director of conservation shall construct said steam generating facility within the state, or make application for any permit, license or other right necessary thereto, he shall give notice thereof by publishing once a week for four consecutive weeks in a newspaper of general circulation in the county or counties in which such project is located a statement of intention setting forth the general nature, extent and location of the project. If any public utility in the state or any operating agency desires to construct such facility, such utility or operating agency shall notify the director of conservation thereof within ten days after the last date of publication of such notice. If the director of conservation determines that it is in the best public interest that the director of conservation proceed with such construction rather than the public utility or operating agency, he shall so notify the director of ((~~commerce~~)) trade and economic development, who shall set a date for hearing thereon. If after considering the evidence introduced the director of ((~~commerce~~)) trade and economic development finds that the public utility or operating agency making the request intends to immediately proceed with such construction and is financially capable of carrying out such construction and further finds that the plan of such utility or operating agency is equally well adapted to serve the public interest, he shall enter an order so finding and such order shall divest the director of conservation of authority to proceed further with such construction or acquisition until such time as the other public utility or agency voluntarily causes an assignment of its right or interest in the project to the director of conservation or fails to procure any further required governmental permit, license or authority or having procured such, has the same revoked or withdrawn, in accordance with the laws and regulations of such governmental entity, in which event the director of conservation shall have the same authority to proceed as though the director had originally entered an order so authorizing the director of conservation to proceed. If, after considering the evidence introduced, the director of ((~~commerce~~)) trade and economic development finds that the public utility or agency making the request does not intend to immediately proceed with such construction or acquisition or is not financially capable of carrying out such construction or acquisition, or finds that the plan of such utility or operating agency is not equally well adapted to serve the public interest, he shall then enter an order so finding and authorizing the director of conservation to proceed with the construction or acquisition of the facility.

Sec. 45. Section 17, chapter 62, Laws of 1970 ex. sess. as amended by section 68, chapter 141, Laws of 1979 and RCW 43.21A.170 are each amended to read as follows:

There is hereby created an ecological commission. The commission shall consist of seven members to be appointed by the governor from the electors of the state who shall have a general knowledge of and interest in environmental matters. No persons shall be eligible for appointment who hold any other state, county or municipal elective or appointive office.

(a) One public member shall be a representative of organized labor.

(b) One public member shall be a representative of the business community.

(d) Four persons representing the public at large.

The members of the initial commission shall be appointed within thirty days after July 1, 1970. Of the members of the initial commission, two shall be appointed for terms ending June 30, 1974, two shall be appointed for terms ending on June 30, 1973, two shall be appointed for terms ending on June 30, 1972, and one shall be appointed for a term ending June 30, 1971. Thereafter, each member of the commission shall be appointed for a term of four years. Vacancies shall be filled within ninety days for the remainder of the unexpired term by appointment of the governor in the same manner as the original appointments. Each member of the commission shall continue in office until his successor is appointed. No member shall be appointed for more than two consecutive terms. The chairman of the commission shall be appointed from the members by the governor.

The governor may remove any commission member for cause giving him a copy of the charges against him, and an opportunity of being publicly heard in person, or by counsel in his own defense. There shall be no right of review in any court whatsoever. The director or administrator, or a designated representative, of each of the following state agencies:

(1) The department of agriculture;

(2) The department of ((~~commerce~~)) trade and economic development;

(3) The department of fisheries;

(4) The department of game;

(5) The department of social and health services;

(6) The department of natural resources; and

(7) The state parks and recreation commission shall be given notice of and may attend all meetings of the commission and shall be given full opportunity to examine and be heard on all proposed orders, regulations or recommendations.

Sec. 46. Section 2, chapter 94, Laws of 1984 and RCW 43.21A.510 are each amended to read as follows:

In order to assist the department of ((~~commerce~~)) trade and economic development in providing information to businesses interested in locating in Washington state, the department shall develop an environmental profile of the state. This profile shall identify the state's natural resources and describe how these assets are valuable to industry. Examples of information to be included are water resources and quality, air quality, and recreational opportunities related to natural resources.

Sec. 47. Section 3, chapter 94, Laws of 1984 and RCW 43.21A.515 are each amended to read as follows:

In order to emphasize the importance of the state's environmental laws and regulations and to facilitate compliance with them, the department of ecology shall provide assistance to businesses interested in locating in Washington state. When the department of ((~~commerce~~)) trade and economic development receives a query from an interested business through its industrial marketing activities, it shall arrange for the department of ecology to provide information on the state's environmental laws and regulations and methods of compliance. This section shall facilitate compliance with state environmental laws and regulations and shall not weaken their application or effectiveness.

Sec. 48. Section 6, chapter 125, Laws of 1984 and RCW 43.63A.075 are each amended to read as follows:

The department shall establish a community development finance program. Pursuant to this program, the department shall: (1) Develop expertise in federal, state, and local community and economic development programs; (2) assist communities and businesses to secure available financing; and (3) work closely with the department of ((~~commerce~~)) trade and economic development on financial and technical assistance programs available to small and medium sized businesses. To the extent permitted by federal law, the department is encouraged to use federal community block grant funds to make urban development action grants to communities which have not been eligible to receive such grants prior to June 30, 1984.

Sec. 49. Section 1, chapter 54, Laws of 1983 1st ex. sess. and RCW 43.83.184 are each amended to read as follows:

For the purpose of acquiring land and providing needed capital improvements consisting of the planning, acquisition, construction, remodeling, and furnishing, together with all improvements, enhancements, fixed equipment facilities of office buildings, parking facilities, and such other buildings, facilities, and utilities as are determined to be necessary to provide space including offices, committee rooms, hearing rooms, work rooms, and industrial-related space for the legislature, for other elective officials, and such other state agencies as may be necessary, and for the purpose of land acquisitions by the department of transportation, grants and loans by the department of ((~~commerce~~)) trade and economic development, and facilities of the department of corrections and other state agencies, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of sixty-four million two hundred seventy thousand dollars, or so much thereof as may be required, to finance these projects and all costs incidental thereto. No bonds authorized in this section may be offered for sale without prior legislative appropriation.

Sec. 50. Section 1, chapter 177, Laws of 1983 and RCW 43.96D.010 are each amended to read as follows:

The 1962 world fair held in Seattle and the 1974 world fair held in Spokane resulted in the influx of thousands of visitors from all over the world and aided in promoting the state and its large variety of products and its great trade potential. They also served to strengthen the social, cultural, and economic ties between the state and its Canadian provincial neighbor to the north, British Columbia. In 1986 British Columbia will host a world exposition. Recent experience has proven that participation in such events benefits all those concerned.

Therefore, it is the declared intent of the Washington state legislature that the state of Washington should participate in Expo '86 in Vancouver, British Columbia, between May and October, 1986. The on-site presence of the state of Washington will conform to the theme of Expo '86, "Man in Motion, Transportation and Communication," and will be coordinated with efforts of the department of ((~~commerce~~)) trade and economic development, the department of transportation, the Washington state patrol, and other agencies to insure maximum hospitality and benefit for the millions of additional visitors who will co-visit Washington state.

Sec. 51. Section 2, chapter 177, Laws of 1983 and RCW 43.96D.020 are each amended to read as follows:

(1) There is hereby created the world fair commission to consist of nine members to be selected as follows: Five by the governor, two senators (being one from the senate majority and one from the senate minority) by the president of the senate, and two representatives (being one from the house majority and one from the house minority) by the speaker of the house of representatives, to serve until June 30, 1987. The governor shall designate one member to serve as chairman of the commission. Members of the commission shall serve without compensation but shall be reimbursed for travel expenses while on commission business under RCW 43.03.050 and 43.03.060. The commission shall meet at such time as it is called by the governor or by the chairman of the commission.

(2) The governor shall appoint an executive director for the commission. The executive director shall serve at the governor's pleasure or until completion of state participation in the British Columbia exposition of 1986. The department of ((~~commerce~~)) trade and economic development shall provide administrative and staff support to the commission.

Sec. 52. Section 4, chapter 177, Laws of 1983 and RCW 43.96D.040 are each amended to read as follows:

Reimbursement of commissioners for expenses as authorized in subsection (1) of RCW 43.96D.020 shall be paid by the director of ((~~commerce~~)) trade and economic development as a proper charge to the state trade fair fund.

Sec. 53. Section 2, chapter 40, Laws of 1982 1st ex. sess. as last amended by section 2, chapter 257, Laws of 1984 and RCW 43.160.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the community economic revitalization board.

(2) "Bond" means any bond, note, debenture, interim certificate, or other evidence of financial indebtedness issued by the board pursuant to this chapter.

(3) "Department" means the department of ((~~commerce~~)) trade and economic development or its successor with respect to the powers granted by this chapter.

(4) "Financial institution" means any bank, savings and loan association, credit union, development credit corporation, insurance company, investment company, trust company, savings institution, or other financial institution approved by the board and maintaining an office in the state.

(5) "Industrial development facilities" means "industrial development facilities" as defined in RCW 39.84.020.

(6) "Industrial development revenue bonds" means tax-exempt revenue bonds used to fund industrial development facilities.

(7) "Local government" means any port district, county, city, or town.

(8) ((~~"Planning and community affairs agency" means that agency or any successor agency.~~

~~(9)~~)) "Sponsor" means any of the following entities which customarily provide service or otherwise aid in industrial or other financing and are approved as a sponsor by the board: A bank, trust company, savings bank, investment bank, national banking association, savings and loan association, building and loan association, credit union, insurance company, or any other financial institution, governmental agency, or holding company of any entity specified in this subsection.

((~~(10)~~)) (9) "Umbrella bonds" means industrial development revenue bonds from which the proceeds are loaned, transferred, or otherwise made available to two or more users under this chapter.

((~~(11)~~)) (10) "User" means one or more persons acting as lessee, purchaser, mortgagor, or borrower under a financing document and receiving or applying to receive revenues from bonds issued under this chapter.

Sec. 54. Section 3, chapter 40, Laws of 1982 1st ex. sess. as last amended by section 89, chapter 287, Laws of 1984 and RCW 43.160.030 are each amended to read as follows:

(1) The community economic revitalization board is hereby created to exercise the powers granted under this chapter.

(2) The board shall consist of nine persons appointed by the governor and the director of ((~~commerce~~)) trade and economic development, the director of ((~~planning and community affairs~~)) community development, the director of revenue, the commissioner of employment security, and the chairmen of the committee on ((~~commerce~~)) trade and economic development of the house of representatives and the committee on commerce and labor of the senate, or the equivalent standing committees, for a total of seventeen members. The appointive members shall be as follows: A recognized private or public sector economist selected from the governor's council of economic advisors; one port district official; one county official; one city official; one representative of the public; one representative of small businesses each from: (a) The area west of Puget Sound, (b) the area east of Puget Sound and west of the Cascade range, (c) the area east of the Cascade range and west of the Columbia river, and (d) the area east of the Columbia river; one executive from large businesses each from the area west of the Cascades and the area east of the Cascades. The appointive members shall initially be appointed to terms as follows: Three members for one-year terms, three members for two-year terms, and three members for three-year terms which shall include the chairman. Thereafter each succeeding term shall be for three years. The representative from the governor's council of economic advisors shall serve as chairman of the board. The director of ((~~the department of commerce~~)) trade and economic development shall serve as vice chairman.

(3) Staff support shall be provided by the department of ((~~commerce~~)) trade and economic development.

(4) All appointive members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(5) If a vacancy occurs by death, resignation, or otherwise of appointive members of the board, the governor shall fill the same for the unexpired term. Any members of the board, appointive or otherwise, may be removed for malfeasance or misfeasance in office, upon specific written charges by the governor, under chapter 34.04 RCW.

Sec. 55. Section 2, chapter 44, Laws of 1982 and RCW 43.170.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of ((~~commerce~~)) trade and economic development.

(2) "Director" means the director of ((~~commerce~~)) trade and economic development.

(3) "Program" means the small business innovators' opportunity program.

(4) "Inventor" or "innovator" means one who thinks of, imagines, or creates something new which may result in a device, contrivance, or process for the first time, through the use of the imagination or ingenious thinking and experimentation.

(5) "Proposal" means a plan provided by an inventor or innovator on an idea for an invention or an improvement.

(6) "Higher education" means any university, college, community college, or technical institute in this state.

Sec. 56. Section 3, chapter 44, Laws of 1982 and RCW 43.170.030 are each amended to read as follows:

The department of ((~~commerce~~)) trade and economic development, in cooperation with institutions of higher education, shall establish as a pilot project a small business innovators' opportunity program to provide a professional research and counseling service on a user fee basis to inventors, innovators, and the business community.

The composition and organizational structure of the program shall be determined by the department in a manner which will foster the continuation of the program without state funding at the end of the pilot project established by this chapter. The department shall provide staff support for the program for the duration of the pilot project. The program shall:

(1) Receive proposals from inventors and innovators;

(2) Review proposals for accuracy and evaluate their prospects for marketability;

(3) Cooperate with institutions of higher education to evaluate proposals for marketability, suitability for patent rights, and for the provision of professional research and counseling;

(4) Provide assistance to the innovators and inventors as appropriate; and

(5) Have the power to receive funds, contract with institutions of higher education, and carry out such other duties as are deemed necessary to implement this chapter.

The user fee shall be set by the director in an amount which is designed to recover the cost of the services provided.

Sec. 57. Section 7, chapter 282, Laws of 1984 and RCW 43.175.010 are each amended to read as follows:

(1) There is established the small business improvement council to consist of at least fifteen but not more than thirty members to be appointed by the governor. In making the appointments, the governor shall consider the recommendations of business organizations and persons operating small businesses. At least fifteen percent of the members of the council shall be women or members of minority groups, and at least one member of the council shall represent agribusiness concerns. Members of the small business improvement council shall be appointed for terms of four years, but the governor may modify the terms of the initial members as necessary to achieve staggered terms.

(2) Members of the small business improvement council shall not be compensated or be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

(3) The department of ((~~commerce~~)) trade and economic development or its successor agency shall provide staff support and administrative assistance to the council.

Sec. 58. Section 8, chapter 282, Laws of 1984 and RCW 43.175.020 are each amended to read as follows:

The small business improvement council shall seek to identify regulatory, administrative, and legislative proposals that will improve the entrepreneurial environment for small businesses. In consultation with the department of ((~~commerce~~)) trade and economic development and the appropriate standing committees of the senate and house of representatives, the small business improvement council shall submit its proposals to the governor and the legislature prior to the convening of each regular session of the legislature. ((~~The proposals shall include the recommendations of the council's subcommittees established under section 9 of this act.~~))

Sec. 59. Section 5, chapter 20, Laws of 1983 1st ex. sess. and RCW 43.210.050 are each amended to read as follows:

The export assistance center formed under RCW 43.210.020 and 43.210.030 is eligible to receive consideration for a contract under this chapter from the department of ((~~commerce~~)) trade and economic development or its statutory successor. The contract shall require the center to provide export assistance services and may not have a duration of longer than two years. ((~~The center, including its branch, for the biennium ending June 30, 1985, may not have more than one contract with the department of commerce and economic development or its statutory successor.~~))

Sec. 60. Section 6, chapter 20, Laws of 1983 1st ex. sess. and RCW 43.210.060 are each amended to read as follows:

The department of ((~~commerce~~)) trade and economic development or its statutory successor shall adopt rules under chapter 34.04 RCW as necessary to carry out the purposes of this chapter.

Sec. 61. Section 3, chapter 43, Laws of 1982 and RCW 50.38.030 are each amended to read as follows:

The employment security department shall consult with the following agencies prior to the issuance of the state occupational forecast:

(1) Office of financial management;

(2) Department of ((~~commerce~~)) trade and economic development;

(3) Department of labor and industries;

(4) State board for community college education;

(5) Superintendent of public instruction;

(6) Department of social and health services;

(7) ((~~Planning and community affairs agency~~)) Department of community development;

(8) Commission for vocational education; and

(9) Other state and local agencies as deemed appropriate by the commissioner of the employment security department.

These agencies shall cooperate with the employment security department, submitting information relevant to the generation of occupational forecasts.

Sec. 62. Section 1, chapter 16, Laws of 1980 and RCW 67.16.100 are each amended to read as follows:

In addition to the license fees required by this chapter, the licensee shall pay to the commission the percentages of the gross receipts of all parimutuel machines at each race meet in accordance with RCW 67.16.105, which sums shall be paid daily to the commission.

All sums paid to the commission, together with all sums collected for license fees under the provisions of this chapter, shall be disposed of by the commission as follows: Twenty percent thereof shall be retained by the commission for the payment of the salaries of its members, secretary, clerical, office, and other help and all expenses incurred in carrying out the provisions of this chapter. No salary, wages, expenses, or compensation of any kind shall be paid by the state in connection with the work of the commission. Of the remaining eighty percent, forty-seven percent shall, on the next business day following the receipt thereof, be paid to the state treasurer to be deposited in the general fund, and three percent shall, on the next business day following the receipt thereof, be paid to the state treasurer, who is hereby made ex officio treasurer of a fund to be known as the "state trade fair fund" which shall be maintained as a separate and independent fund, and made available to the director of ((~~commerce~~)) trade and economic development for the sole purpose of assisting state trade fairs. The remaining thirty percent shall be paid to the state treasurer, who is hereby made ex officio treasurer of a fund to be known as the "fair fund," which shall be maintained as a separate and independent fund outside of the state treasury, and made available to the director of agriculture for the sole purpose of assisting fairs in the manner provided in Title 15 RCW. Any moneys collected or paid to the commission under the terms of this chapter and not expended at the close of the fiscal biennium shall be paid to the state treasurer and be placed in the general fund. The commission may, with the approval of the office of financial management, retain any sum required for working capital.

Sec. 63. Section 1, chapter 27, Laws of 1982 1st ex. sess. and RCW 67.34.010 are each amended to read as follows:

The legislature recognizes that:

(1) Interest in outdoor recreation has been steadily increasing, and that the facilities that now exist are inadequate to meet the growing demands of the people of Washington and the out-of-state tourist trade;

(2) The state is becoming a popular winter recreation area and has not fully developed its winter tourism industry adequately to respond to the increasing demand, as has been successfully done in the mountain states, Idaho, and British Columbia;

(3) The state of Washington presently has a flourishing winter recreation industry which adds more than twenty-five thousand new skiers each year. Far greater potential exists for year-round resort development which should include an emphasis on all winter recreation activities. Expansion of the winter recreation industry will attract tourist trade from other states and countries and will have a substantial positive impact on both the state and national economies; and

(4) The economic well-being of the state will be improved upon the introduction of new industry to provide employment, income to the state, and revenue for government.

The legislature recognizes the need to identify areas appropriate for recreational development on state lands or on federal lands which can be exchanged for state lands under state and federal laws.

Therefore, the legislature hereby establishes the Washington state winter recreation commission which shall be composed as follows: Two members of the senate appointed by the president of the senate, including one member from each caucus; two members of the house of representatives appointed by the speaker of the house of representatives, including one member from each caucus; one representative to be appointed by the governor from each of the following state departments: The parks and recreation commission, department of ((~~commerce~~)) trade and economic development, and department of natural resources; two representatives of industry appointed by the governor; two representatives of the environmental community appointed by the governor; one representative of cities appointed by the governor; and one representative of counties appointed by the governor. The commission shall choose one of its legislative members as chair.

Commission members and legislative staff shall be reimbursed for travel expenses under RCW 43.03.050 and 43.03.060. Members of the legislature serving on the commission shall be reimbursed for travel expenses under RCW 44.04.120.

Sec. 64. Section 6, chapter 41, Laws of 1975-'76 2nd ex. sess. and RCW 70.95.265 are each amended to read as follows:

The department shall work closely with the department of ((~~commerce~~)) trade and economic development, the department of general administration, and with other state departments and agencies, the Washington state association of counties, the association of Washington cities, and business associations, to carry out the objectives and purposes of this 1976 amendatory act.

Sec. 65. Section 3, chapter 137, Laws of 1974 ex. sess. as last amended by section 108, chapter 287, Laws of 1984 and RCW 76.09.030 are each amended to read as follows:

(1) There is hereby created the forest practices board of the state of Washington as an agency of state government consisting of members as follows:

(a) The commissioner of public lands or his designee;

(b) The director of the department of ((~~commerce~~)) trade and economic development or his designee;

(d) The director of the department of ecology or his designee;

(e) An elected member of a county legislative authority appointed by the governor: PROVIDED, That such member's service on the board shall be conditioned on his continued service as an elected county official; and

(f) Six members of the general public appointed by the governor, one of whom shall be an owner of not more than five hundred acres of forest land, and one of whom shall be an independent logging contractor.

(2) The members of the initial board appointed by the governor shall be appointed so that the term of one member shall expire December 31, 1975, the term of one member shall expire December 31, 1976, the term of one member shall expire December 31, 1977, the terms of two members shall expire December 31, 1978, and the terms of two members shall expire December 31, 1979. Thereafter, each member shall be appointed for a term of four years. Vacancies on the board shall be filled in the same manner as the original appointments. Each member of the board shall continue in office until his successor is appointed and qualified. The commissioner of public lands or his designee shall be the chairman of the board.

(3) The board shall meet at such times and places as shall be designated by the chairman or upon the written request of the majority of the board. The principal office of the board shall be at the state capital.

(4) Members of the board, except public employees and elected officials, shall be compensated in accordance with RCW 43.03.240 and in addition they shall be entitled to reimbursement for travel expenses incurred in the performance of their duties as provided in RCW 43.03.050 and 43.03.060.

(5) The board may employ such clerical help and staff pursuant to chapter 41.06 RCW as is necessary to carry out its duties.

Sec. 66. Section 3, chapter 45, Laws of 1970 ex. sess. as last amended by section 372, chapter 7, Laws of 1984 and by section 18, chapter 125, Laws of 1984 and RCW 80.50.030 are each reenacted and amended to read as follows:

(1) There is created and established the energy facility site evaluation council.

(2) The chairman of the council shall be appointed by the governor with the advice and consent of the senate, shall have a vote on matters before the council, shall serve for a term coextensive with the term of the governor, and is removable for cause. The chairman may designate a member of the council to serve as acting chairman in the event of the chairman's absence. The salary of the chairman shall be determined under RCW 43.03.040. The chairman is a "state employee" for the purposes of chapter 42.18 RCW.

(3) The council shall consist of the directors, administrators, or their designees, of the following departments, agencies, commissions, and committees or their statutory successors:

(a) Department of ecology;

(b) Department of fisheries;

(d) Department of parks and recreation;

(e) Department of social and health services;

(f) State energy office;

(g) Department of ((~~commerce~~)) trade and economic development;

(h) Utilities and transportation commission;

(i) Office of financial management;

(j) Department of natural resources;

(k) Department of community development;

(l) Department of emergency ((~~services~~)) management;

(m) Department of agriculture;

(n) Department of transportation.

(4) The appropriate county legislative authority of every county wherein an application for a proposed site is filed shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the county which he represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site;

(5) The city legislative authority of every city within whose corporate limits an energy plant is proposed to be located shall appoint a member or designee as a voting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the city which he represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site.

(6) For any port district wherein an application for a proposed port facility is filed subject to this chapter, the port district shall appoint a member or designee as a nonvoting member to the council. The member or designee so appointed shall sit with the council only at such times as the council considers the proposed site for the port district which he represents, and such member or designee shall serve until there has been a final acceptance or rejection of the proposed site. The provisions of this subsection shall not apply if the port district is the applicant, either singly or in partnership or association with any other person.

NEW SECTION. Sec. 67. RCW 43.31.400, 43.31.405, 43.31.410, 43.31.415, and 43.31.420 are recodified as sections in chapter 43.21F RCW.

NEW SECTION. Sec. 68. RCW 43.31.500, 43.31.510, 43.31.520, 43.31.525, 43.31.530, 43.31.540, 43.31.550, 43.31.560, 43.31.570, 43.31.580, 43.31.590, 43.31.620, 43.31.630, 43.31.640, 43.31.660, 43.31.670, 43.31.680, 43.31.690, 43.31.700, 43.31.710, 43.31.720, 43.31.730, 43.31.740, 43.31.750, 43.31.760, 43.31.770, 43.31.865, 43.63A.090, 43.96B.010, 43.96B.020, 43.96B.030, 43.96B.060, 43.96B.070, 43.96B.080, 43.96B.090, 43.96B.100, 43.96B.110, 43.96B.120, 43.96B.140, 43.96C.010, 43.96C.020, 43.96C.030, 43.96C.040, 43.96C.050, and 43.96C.060 are each decodified.

NEW SECTION. Sec. 69. The following acts or parts of acts are each repealed:

(1) Section 43.31.020, chapter 8, Laws of 1965 and RCW 43.31.020;

(2) Section 43.31.040, chapter 8, Laws of 1965, section 2, chapter 10, Laws of 1965, section 2, chapter 221, Laws of 1967, section 6, chapter 70, Laws of 1977 ex. sess., section 13, chapter 295, Laws of 1981 and RCW 43.31.040;

(3) Section 43.31.050, chapter 8, Laws of 1965, section 53, chapter 75, Laws of 1977 and RCW 43.31.050;

(4) Section 43.31.060, chapter 8, Laws of 1965 and RCW 43.31.060;

(5) Section 43.31.070, chapter 8, Laws of 1965 and RCW 43.31.070;

(6) Section 43.31.080, chapter 8, Laws of 1965 and RCW 43.31.080;

(7) Section 43.31.110, chapter 8, Laws of 1965, section 109, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 43.31.110;

(8) Section 43.31.120, chapter 8, Laws of 1965 and RCW 43.31.120;

(9) Section 43.31.140, chapter 8, Laws of 1965 and RCW 43.31.140;

(10) Section 43.31.150, chapter 8, Laws of 1965 and RCW 43.31.150;

(11) Section 43.31.160, chapter 8, Laws of 1965, section 54, chapter 75, Laws of 1977 and RCW 43.31.160;

(12) Section 43.31.170, chapter 8, Laws of 1965 and RCW 43.31.170;

(13) Section 43.31.180, chapter 8, Laws of 1965 and RCW 43.31.180;

(14) Section 1, chapter 221, Laws of 1967 and RCW 43.31.350;

(15) Section 3, chapter 221, Laws of 1967 and RCW 43.31.360;

(16) Section 4, chapter 221, Laws of 1967, section 9, chapter 175, Laws of 1984 and RCW 43.31.370;

(17) Section 2, chapter 148, Laws of 1965 and RCW 43.31.800;

(18) Section 1, chapter 93, Laws of 1972 ex. sess. and RCW 43.31.831;

(19) Section 10, chapter 148, Laws of 1965 and RCW 43.31.860;

(20) Section 1, chapter 68, Laws of 1975-'76 2nd ex. sess. and RCW 43.31.870;

(21) Section 2, chapter 68, Laws of 1975-'76 2nd ex. sess. and RCW 43.31.875;

(22) Section 3, chapter 68, Laws of 1975-'76 2nd ex. sess., section 46, chapter 7, Laws of 1984 and RCW 43.31.880;

(23) Section 4, chapter 68, Laws of 1975-'76 2nd ex. sess. and RCW 43.31.885;

(24) Section 5, chapter 68, Laws of 1975-'76 2nd ex. sess. and RCW 43.31.890;

(25) Section 6, chapter 68, Laws of 1975-'76 2nd ex. sess. and RCW 43.31.895;

(26) Section 7, chapter 68, Laws of 1975-'76 2nd ex. sess. and RCW 43.31.900;

(27) Section 8, chapter 68, Laws of 1975-'76 2nd ex. sess. and RCW 43.31.910;

(28) Section 1, chapter 70, Laws of 1977 ex. sess. and RCW 43.31.915;

(29) Section 2, chapter 70, Laws of 1977 ex. sess. and RCW 43.31.920;

(30) Section 3, chapter 70, Laws of 1977 ex. sess., section 9, chapter 6, Laws of 1982 and RCW 43.31.925;

(31) Section 4, chapter 70, Laws of 1977 ex. sess. and RCW 43.31.930;

(32) Section 5, chapter 70, Laws of 1977 ex. sess. and RCW 43.31.935;

(33) Section 2, chapter 197, Laws of 1979 ex. sess. and RCW 43.31.940;

(34) Section 3, chapter 197, Laws of 1979 ex. sess. and RCW 43.31.942;

(35) Section 4, chapter 197, Laws of 1979 ex. sess. and RCW 43.31.944;

(36) Section 5, chapter 197, Laws of 1979 ex. sess. and RCW 43.31.946;

(37) Section 6, chapter 197, Laws of 1979 ex. sess. and RCW 43.31.948;

(38) Section 1, chapter 260, Laws of 1979 ex. sess., section 1, chapter 244, Laws of 1981 and RCW 43.31.956;

(39) Section 2, chapter 260, Laws of 1979 ex. sess. and RCW 43.31.958;

(40) Section 3, chapter 260, Laws of 1979 ex. sess. and RCW 43.31.960;

(41) Section 4, chapter 260, Laws of 1979 ex. sess. and RCW 43.31.962;

(42) Section 5, chapter 260, Laws of 1979 ex. sess. and RCW 43.31.964;

(43) Section 2, chapter 197, Laws of 1983 and RCW 43.131.257;

(44) Section 28, chapter 197, Laws of 1983 and RCW 43.131.258;

(45) Section 1, chapter 176, Laws of 1984 and RCW 43.31B.010;

(46) Section 2, chapter 176, Laws of 1984 and RCW 43.31B.020;

(47) Section 3, chapter 176, Laws of 1984 and RCW 43.31B.030;

(48) Section 4, chapter 176, Laws of 1984 and RCW 43.31B.040;

(49) Section 5, chapter 176, Laws of 1984 and RCW 43.31B.050;

(50) Section 8, chapter 176, Laws of 1984 and RCW 43.31B.900;

(51) Section 9, chapter 176, Laws of 1984 and RCW 43.131.317; and

(52) Section 10, chapter 176, Laws of 1984 and RCW 43.131.318.

NEW SECTION. Sec. 70. Sections 1 through 12 of this act are added to chapter 43.31 RCW.

NEW SECTION. Sec. 71. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985.