_______________________________________________

 

                                                   SENATE BILL NO. 5469

                        _______________________________________________

 

                                                                            C 195 L 87

 

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By Senators Talmadge, Nelson and Halsan; by request of Office of the Code Reviser and Department of Trade and Economic Development

 

 

Read first time 1/30/87 and referred to Committee on Commerce & Labor.

 

 


AN ACT Relating to obsolete statutory references; amending RCW 27.60.040, 27.60.045, 28B.30.537, 43.31.800, 43.31.810, 43.31.820, 43.31.830, 43.31.833, 43.31.850, 43.31.960, 43.160.115, 43.165.030, 43.165.080, 43.240.030, and 76.56.020; reenacting and amending RCW 43.160.030; and decodifying RCW 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.130,  43.96B.140, 43.96B.150, 43.96C.010,  43.96C.020,  43.96C.030, 43.96C.040,  43.96C.050, and  43.96C.060.

 

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

 

        Sec. 1.  Section 4, chapter 90, Laws of 1982 as amended by section 2, chapter 291, Laws of 1985 and RCW 27.60.040 are each amended to read as follows:

          The 1989 Washington centennial commission shall develop a comprehensive program for celebrating the centennial of Washington's admission to the union in 1889.  The program shall be developed to represent the contributions of all peoples and cultures to Washington state history and to the maximum feasible extent shall be designed to encourage and support participation in the centennial by all interested communities in the state.  Program elements shall include:

          (1) An annual report to the governor and the legislature incorporating the commission's specific recommendations for the centennial celebration.  The report shall recommend projects and activities including, but not limited to:

          (a) Restoration of historic properties, with emphasis on those properties appropriate for use in the observance of the centennial;

          (b) State and local historic preservation programs and activities;

          (c) State and local archaeological programs and activities;

          (d) Publications, films, and other educational materials;

           (e) Bibliographical and documentary projects;

           (f) Conferences, lectures, seminars, and other programs;

           (g) Museum, library, cultural center, and park improvements, services, and exhibits, including mobile exhibits;

          (h) Destination tourism attractions.  Such destination tourism attractions (i) shall be based upon the heritage of the state, (ii) shall be sponsored and owned by the state, a municipal corporation thereof, or a nonprofit corporation which has qualified under section 501(c)(3) of the federal internal revenue code, and (iii) shall satisfy economic development criteria established in cooperation with the director of ((the department of commerce)) trade and economic development in accordance with the administrative procedure act, chapter 34.04 RCW; and

          (i) Ceremonies and celebrations.

          (2) The implementation of programs as supported by legislative appropriation, gifts and grants provided for the purposes of this chapter, and earned income as provided in RCW 27.60.060, for a Pacific celebration, centennial games, centennial publications, audio-visual productions, and local celebrations throughout the state.

 

        Sec. 2.  Section 2, chapter 268, Laws of 1985 and RCW 27.60.045 are each amended to read as follows:

          (1) The 1989 Washington centennial commission shall include in its comprehensive program events commemorating:

          (a) The first successful crossing of the Columbia river bar and exploration of the Columbia river, Grays Harbor, and Washington coast by Captain Robert Gray;

          (b) The exploration and mapping of Puget Sound and the Washington coast by Captain George Vancouver; and

          (c) The exploration and mapping of the Washington coast and inland areas by Captain Charles Wilkes and the Great United States Exploring Expedition.

          The year 1992 will mark the bicentennial of the voyages of both Captain Robert Gray and Captain George Vancouver and the sesquicentennial of the voyage of Captain Charles Wilkes.

          (2) The commission shall develop and implement the "Return of the Tall Ships" program.  The purpose of this program is to develop destination tourism attractions and to promote the construction of life-sized replicas of the "Lady Washington" and the "Chatham," or other vessels which carried members of the Gray and Vancouver expeditions to this region and other appropriate commemorations of the accomplishments of these explorations in cooperation with communities throughout the state.  The commission shall consider locating the destination tourism attractions required by this section in the economically depressed areas of the state.  The commission shall report to the legislature and the governor on or before January 10, 1986, as to a plan to implement the purposes of this chapter.

          As used in this section, "destination tourism attractions" means attractions based on the heritage of the state that are sponsored and owned by the state, a municipal corporation thereof, or a nonprofit corporation which has qualified under section 501(c)(3) of the federal internal revenue code and that satisfy economic development criteria established in cooperation with the director of ((commerce)) trade and economic development in accordance with the administrative procedure act, chapter 34.04 RCW.

 

        Sec. 3.  Section 2, chapter 57, Laws of 1984 as amended by section 2, chapter 39, Laws of 1985 and RCW 28B.30.537 are each amended to read as follows:

          The IMPACT center shall:

          (1) Coordinate the teaching, research, and extension expertise of the college of agriculture and home economics at Washington State University to assist in:

          (a) The design and development of information and strategies to expand the long-term international markets for Washington agricultural products; and

          (b) The dissemination of such information and strategies to Washington exporters, overseas users, and public and private trade organizations;

          (2) Research and identify current impediments to increased exports of Washington agricultural products, and determine methods of surmounting those impediments and opportunities for exporting new agricultural products and commodities to foreign markets;

          (3) Prepare curricula to present and distribute information concerning international trade in agricultural commodities and products to students, exporters, international traders, and the public;

          (4) Provide high-quality research and graduate education and professional nondegree training in international trade in agricultural commodities in cooperation with other existing programs;

          (5) Ensure that activities of the center adequately reflect the objectives for the state's agricultural market development programs established by the department of agriculture as the lead state agency for such programs under chapter 43.23 RCW;

          (6) Link itself through cooperative agreements with the center for international trade in forest products at the University of Washington, the state department of agriculture, the state department of ((commerce)) trade and economic development, Washington's agriculture businesses and associations, and other state agency data collection, processing, and dissemination efforts; and

          (7) Report to the governor and legislature December 1 of each year on the IMPACT center, state agricultural commodities marketing programs, and the center's success in obtaining nonstate funding for its operation.

 

        Sec. 4.  Section 2, chapter 148, Laws of 1965 and RCW 43.31.800 are each amended to read as follows:

          "Director" as used in RCW 43.31.790 through ((43.31.860)) 43.31.850 and 67.16.100 means the director of ((commerce)) trade and economic development.

 

        Sec. 5.  Section 3, chapter 148, Laws of 1965 as amended by section 3, chapter 292, Laws of 1975 1st ex. sess. and RCW 43.31.810 are each amended to read as follows:

          For the purposes of RCW 43.31.790 through ((43.31.860)) 43.31.850 and 67.16.100, as now or hereafter amended, state international trade fair organizations, to be eligible for state financial aid hereunder (1) must have had at least two or more years of experience in the presentation of or participation in state international trade fairs, whether held in this state, another state or territory of the United States or a foreign country, however these need not be consecutive years; (2) must be able to provide, from its own resources derived from general admission or otherwise, funds sufficient to match at least one-half the amount of state financial aid allotted.

 

        Sec. 6.  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)) 43.31.850 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. 7.  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)) 43.31.850 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)) trade 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)) 43.31.850 and 67.16.100, as now or hereafter amended.

 

        Sec. 8.  Section 3, chapter 93, Laws of 1972 ex. sess. as amended by section 35, chapter 466, Laws of 1985 and RCW 43.31.833 are each amended to read as follows:

          RCW 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)) 43.31.850 regardless of whether such aid was made available before or after May 23, 1972.

 

        Sec. 9.  Section 8, chapter 148, Laws of 1965 as amended by section 7, chapter 292, Laws of 1975 1st ex. sess. and RCW 43.31.850 are each amended to read as follows:

          State international trade fair as used in RCW 43.31.790 through ((43.31.860)) 43.31.840 and 67.16.100, as now or hereafter amended, shall mean a fair supported by public agencies basically for the purpose of introducing and promoting the sale of manufactured or cultural products and services of a given area, whether presented in this state, the United States or its territories, or in a foreign country.

 

        Sec. 10.  Section 3, chapter 260, Laws of 1979 ex. sess. and RCW 43.31.960 are each amended to read as follows:

          The principal proceeds from the sale of the bonds authorized in RCW 43.31.956 shall be administered by the director of ((commerce)) trade and economic development.

 

        Sec. 11.  Section 13, chapter 6, Laws of 1985 and section 2, chapter 446, Laws of 1985 and RCW 43.160.030 are each reenacted  and 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 the director of trade and economic development, the director of community development, the director of revenue, the commissioner of employment security, the secretary of the department of transportation, the chairman of and one minority member appointed by the speaker of the house of representatives from  the committee on trade and economic  development of the house of representatives, the chairman of and one minority member appointed by the president of the senate from  the committee on commerce and labor of the senate, or the equivalent standing committees, one  member each from the committees on ways and means of the senate and house of representatives, or the equivalent standing committees, chosen by the president of the senate or the speaker of the house of representatives, as applicable, and the following members appointed by the governor:  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 trade and economic development to assist the board in implementing this chapter and the allocation of private activity bonds.

          (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. 12.  Section 14, chapter 164, Laws of 1985 and RCW 43.160.115 are each amended to read as follows:

          In addition to  its powers and duties under this chapter, the community economic revitalization board shall cooperate with the Washington state development loan fund committee in order to provide for coordination of their very similar programs.  Under this chapter, it is the duty of the department of ((commerce)) trade and economic development and the board to financially assist the committee to the extent required by law.  Funds appropriated to the board or the department of ((commerce)) trade and economic development for the use of the board shall be transferred to the department of community development to the extent required by law.

 

        Sec. 13.  Section 3, chapter 229, Laws of 1985 and RCW 43.165.030 are each amended to read as follows:

          The team shall be a combined effort of the department, the employment security department, the commission for vocational education, and the department of ((commerce)) trade and economic development or its successor agency.  Each agency shall provide staff to the team as expertise is needed.  The team shall have the ability to:

          (1) Identify emerging problems for businesses, workers, and communities and provide for timely communication on available assistance by state and federal programs;

          (2) Assist employers and workers faced with substantial business reductions by providing examples of responses to retain business production and diversification and promote retraining and reemployment of unemployed workers using links with local economic development efforts;

          (3) Examine the economic health of a community, including the economic base and its strengths, weaknesses, and untapped opportunities;

          (4) Assist to develop and coordinate industry services for tourist promotion and recruiting new firms to the area;

          (5) Provide technical assistance as to the potential viability of a business retention effort;

          (6) Convene meetings of local business, labor, and education leaders and public officials to determine immediate and long-range steps to revitalize the community;

          (7) Conduct work shops in distressed areas or state-wide conferences on problems in revitalizing stagnant communities, models for redevelopment and diversification, and means to bring additional resources to developing solutions; and

          (8) Utilize funds to match local and private resources to assist in the analysis and implementation of business retention and expansion efforts.

 

        Sec. 14.  Section 8, chapter 229, Laws of 1985 and RCW 43.165.080 are each amended to read as follows:

          The department of ((commerce)) trade and economic development ((or its successor agency)) shall provide the team and leaders in the distressed area with assistance including but not limited to the following:

          (1) Identifying sources of assistance to firms to diversify production or to reuse unused plant capacity;

          (2) Identifying raw materials suppliers, subcontractors, and other product needs which can be used locally;

          (3) Facilitating marketing of firms to locate in the area or the marketing of a firm scheduled for closure;

          (4) Assisting with tourist promotion activities; and

          (5) Assisting with site improvements.

 

        Sec. 15.  Section 11, chapter 467, Laws of 1985 and RCW 43.240.030 are each amended to read as follows:

          The board shall be composed of citizens from both the private and public sectors who are actively engaged in organizations and businesses which support economic expansion and job creation.  The board shall be composed as follows:

          (1) The governor;

          (2) Four members of the legislature, including one member from each of the four largest caucuses in the legislature;

          (3) One representative of a manufacturing company employing more than one thousand persons;

          (4) One representative of a manufacturing company employing fewer than one hundred persons;

          (5) One representative of a manufacturing company employing between one hundred and one thousand persons;

          (6) One representative from organized labor;

          (7) One representative from a major financial institution;

          (8) One representative from agriculture;

          (9) One representative from education;

          (10) One representative from the tourism industry;

          (11) One representative from the forest products industry;

          (12) One economic development professional;

          (13) One owner of a women-owned business enterprise certified under chapter 39.19 RCW;

          (14) One owner of a minority-owned business enterprise certified under chapter 39.19 RCW; and

          (15) Five citizens at large.

          The director of ((commerce)) trade and economic development, the director of revenue, the director of financial management, and the director of community development shall serve as ex officio members of the board.

          The governor shall, within fourteen days of July 1, 1985, appoint all members of the board, except those in subsection (2) of this section who shall be appointed by their respective caucuses.  The first meeting of the board shall occur within thirty days of July 1, 1985.

The governor shall serve as the chairperson and shall designate a citizen member to serve as vice-chairperson of the board.  Members shall serve four-year terms.  Members are subject to dismissal by the governor due to the lack of attendance or contribution.  The position of a legislative member shall become vacant if the member ceases to be a member of the legislature.  A vacancy in a legislative position shall be filled by the original appointing authority.

          The board shall include at least two representatives from each of the state's congressional districts.

          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.

 

        Sec. 16.  Section 2, chapter 122, Laws of 1985 and RCW 76.56.020 are each amended to read as follows:

          The center shall:

          (1) Coordinate the University of Washington's college of forest resources' faculty and staff expertise to assist in:

          (a) The development of research and analysis for developing policies and strategies which will expand forest-based international trade, including trade in manufactured forest products;

          (b) The development of technology for manufactured products that will meet the evolving needs of international customers; and

          (c) The coordination, development, and dissemination of market and technical information relevant to international trade in forest products;

          (2) Further develop and maintain a computer based world-wide forest products production and trade data base system and coordinate this system with state, federal, and private sector efforts to insure a cost-effective information resource that will avoid unnecessary duplication;

          (3) Monitor international forest products markets and assess the status of the state's forest products industry, including the competitiveness of the forest products industry and including the increased exports of Washington-produced products;

          (4) Provide high-quality research and graduate education and professional nondegree training in international trade in forest products in cooperation with the University of Washington's graduate school of business administration, the school of law, the Jackson school of international studies, and other supporting academic units;

          (5) Develop cooperative linkages with the international marketing program for agricultural commodities and trade at Washington State University, the international trade project of the United States forest service, the department of natural resources, the department of ((commerce)) trade and economic development, the small business export finance assistance center, and other state and federal agencies to avoid duplication of effort and programs;

          (6) Provide for public dissemination of research, analysis, and results of the center's programs through technical workshops, short courses, international and national symposia, or other means, including appropriate publications; and

          (7) Establish advisory or technical committees as necessary to develop policies, operating procedures, and program priorities consistent with the international trade opportunities achievable by the forest products sector of the state and region.  Service on the committees shall be without compensation but actual travel expenses incurred in connection with service to the center may be reimbursed from appropriated funds in accordance with RCW 43.03.050 and ((43.30.060)) 43.03.060.

 

          NEW SECTION.  Sec. 17.    RCW  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.130,  43.96B.140,  43.96B.150, 43.96C.010,  43.96C.020,  43.96C.030,  43.96C.040,  43.96C.050, and  43.96C.060 are each decodified.

 

@lbEXPLANATORY NOTE: (1) Sections 1 through 4, 7, and 10 through 16 of this act correct references to the department of commerce and economic development which was reorganized and renamed the department of trade and economic development by 1985 c 466.

!sc ,4(2) Sections 4 through 9 of this act delete references to RCW 43.31.860 which was repealed by 1985 c 466.

!sc ,4(3) Sections 6, 7, and 9 of this act correct references to the "state international trade fair fund" under RCW 67.16.100.  The state trade fair fund was renamed the state international trade fair fund by 1975 1st ex.s. c 292 § 9, which section was vetoed.

!sc ,4(4) Section 16 of this act corrects a reference to the export assistance center which was reorganized and renamed the small business export finance assistance center by 1985 c 231.  Section 16 of this act also corrects a reference to RCW 43.30.060.  RCW 43.30.060 provides for the appointment of the supervisor of natural resources.  RCW 43.03.060 on the mileage allowance was apparently intended.

!sc ,4(5) Section 17 of this act decodifies various temporary sections which have references to the department of commerce and economic development as follows:

!sc ,4(a) RCW 43.63A.090 relating to the transfer of employees to the office of community affairs in 1967;

!sc ,4(b) RCW 43.96B.010 through 43.96B.150 relating to Expo '74; and

!sc ,4(c) RCW 43.96C.010 through 43.96C.060 relating to Energy Fair '83.@la