Passed by the House March 19, 1991

Yeas 88 Nays 10

JOE KING

Speaker of the

House of Representatives

Passed by the Senate April 10, 1991

Yeas 43 Nays 0

ALAN BLUECHEL

President of the Senate

Approved April 22, 1991, with

the exception of sections 3, 5,

and 10, which are vetoed.

BOOTH GARDNER

Governor of the State of Washington

CERTIFICATE

I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1800 as passed by the House of Representatives and the Senate on the dates hereon set forth.

ALAN THOMPSON Chief Clerk

FILED

April 22, 1991 - 1:17 p.m.

Secretary of State

State of Washington

AN ACT Relating to international relations and protocol; amending RCW 43.31.145; adding a new chapter to Title 43 RCW; creating new sections; 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 finds that it is in the public interest to create an office of international relations and protocol in order to: Make international relations and protocol a broad-based, focused, and functional part of state government; develop and promote state policies that increase international literacy and cross-cultural understanding among Washington state's citizens; expand Washington state's international cooperation role in such areas as the environment, education, science, culture, and sports; establish coordinated methods for responding to the increasing number of inquiries by foreign governments and institutions seeking cooperative activities within Washington state; provide leadership in state government on international relations and assistance to the legislature and state elected officials on international issues affecting the state; assist with multistate international efforts; and coordinate and improve communication and resource sharing among various state offices, agencies, and educational institutions with international programs.

It is the purpose of this chapter to bring these functions together in a new office under the office of the governor in order to establish a visible, coordinated, and comprehensive approach to international relations and protocol.

NEW SECTION. Sec. 2. The office of international relations and protocol is created under the office of the governor. The office shall serve as the state's official liaison and protocol office with foreign governments. The governor shall appoint a director of the office of international relations and protocol, who shall serve at the pleasure of the governor. Because of the diplomatic character of this office, the director and staff will be exempt from the provisions of chapter 41.06 RCW. The director will be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. The director may hire such personnel as may be necessary for the general administration of the office. To the extent permitted by law, state agencies may temporarily loan staff to the office of international relations and protocol to assist in carrying out the office's duties and responsibilities under this chapter. An arrangement to temporarily loan staff must have the approval of the staff members to be loaned and the directors of the office and the agencies involved in the loan.

NEW SECTION. Sec. 3. The office of international relations and protocol shall:

(1) Advise and assist the governor, the legislature, and other independently elected officials on international developments that may affect the state.

(2) Serve as a resource and clearinghouse for information on international activities within state government, including higher education.

(3) Coordinate protocol for foreign dignitaries visiting the governor, the legislature, the judiciary, and other state offices and agencies.

(4) Coordinate protocol for state officials visiting with foreign officials and delegations.

(5) Advise and assist state government with its protocol needs.

(6) Coordinate the state's existing sister state relationships with Hyogo Prefecture, Japan, and Sichuan Province, China. The office shall assist with development of additional sister state relationships, as appropriate, and coordinate with the Hyogo cultural center in Seattle, Washington.

(7) Consult with and assist Washington state cities and counties in the formation of sister cities or sister counties in other countries.

(8) Serve as principal liaison between the governor, the legislature, and other offices of state government, and the Seattle consular corps and diplomatic offices serving Washington state in San Francisco, Los Angeles, New York, and Washington, D.C.

(9) Advise and assist the governor and legislature with their participation in the Pacific Northwest economic community.

*Sec. 3 was vetoed, see message at end of chapter.

NEW SECTION. Sec. 4. The office of international relations and protocol may:

(1) Create temporary advisory committees as necessary to deal with specific international issues. Advisory committee representation may include external organizations such as the Seattle consular corps, world affairs councils, public ports, world trade organizations, private nonprofit organizations dealing with international education or international environmental issues, organizations concerned with international understanding, businesses with experience in international relations, or other organizations deemed appropriate by the director.

(2) Accept or request grants or gifts from citizens and other private sources to be used to defray the costs of appropriate hosting of foreign dignitaries, including appropriate gift-giving and reciprocal gift-giving, or other activities of the office. The office shall open and maintain a bank account into which it shall deposit all money received under this subsection. Such money and the interest accruing thereon shall not constitute public funds, shall be kept segregated and apart from funds of the state, and shall not be subject to appropriation or allotment by the state or subject to chapter 43.88 RCW.

NEW SECTION. Sec. 5. There is established internal to state government an international relations advisory committee to the office of international relations and protocol. The purpose of the advisory committee is to advise the office of international relations and protocol on matters pertaining to state and local government, including state and local government policy and resource coordination, and to otherwise facilitate the operation of the office. The advisory committee shall consist of members appointed by the governor to include representation of the following interests: Trade, tourism, economic development, education, agriculture, fisheries, wildlife, and environmental interests. At least one member shall be a state-wide elected official from the executive branch other than the governor; one member shall represent the state judiciary; one member shall represent the governor; two members shall be members of the Washington state house of representatives; and two members shall be members of the Washington state senate. The advisory committee member representing the governor shall chair the advisory committee. The governor may appoint representatives of cities, counties, and port districts.

*Sec. 5 was vetoed, see message at end of chapter.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act shall constitute a new chapter in Title 43 RCW.

Sec. 7. RCW 43.31.145 and 1985 c 466 s 18 are each amended to read as follows:

The department is charged with the primary role within state government for the establishment and operation of foreign offices created for the purpose of promoting overseas trade and commerce. ((~~The department shall serve as the state's official liaison and protocol office with foreign governments.~~))

NEW SECTION. Sec. 8. All powers, duties, and functions of the office of international relations and protocol in the department of trade and economic development are transferred to the office of international relations and protocol under the office of the governor.

NEW SECTION. Sec. 9. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the department of trade and economic development pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the office of international relations and protocol. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the department of trade and economic development in carrying out the powers, functions, and duties transferred shall be made available to the office of international relations and protocol. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of international relations and protocol.

Any appropriations made to the department of trade and economic development for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the office of international relations and protocol.

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. 10. All employees of the department of trade and economic development engaged in performing the powers, functions, and duties transferred are transferred to the jurisdiction of the office of international relations and protocol.

*Sec. 10 was vetoed, see message at end of chapter.

NEW SECTION. Sec. 11. All rules and all pending business before the department of trade and economic development pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the office of international relations and protocol. All existing contracts and obligations shall remain in full force and shall be performed by the office of international relations and protocol.

NEW SECTION. Sec. 12. The transfer of the powers, duties, functions, and personnel of the department of trade and economic development shall not affect the validity of any act performed prior to the effective date of this section.

NEW SECTION. Sec. 13. If apportionments of budgeted funds are required because of the transfers directed by sections 9 through 12 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. 14. Nothing contained in sections 8 through 13 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.

NEW SECTION. Sec. 15. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.

Note: Governor's explanation of partial veto is as follows:

"I am returning herewith, without my approval as to sections 3, 5, and 10, Substitute House Bill No. 1800 entitled:

"AN ACT Relating to international relations and protocol."

This bill establishes an Office of International Relations and Protocol within the Office of the Governor and provides the office with broad powers to manage international issues affecting this state. It eliminates current responsibilities relating to this function in the Department of Trade and Economic Development.

This is a sound organizational move which I strongly support. It recognizes that activities associated with these kinds of programs are not geared solely to economic and foreign trade considerations. They also affect the broad spectrum of state and local government responsibilities, including cross-cultural exchanges, international education opportunities, global environmental impacts, scientific and agricultural issues, and many other important policy considerations. The Office of the Governor is uniquely suited to provide the statewide leadership and intergovernmental coordination that is required by this important function.

In spite of my strong agreement with the bill's intent, the measure does have some administrative/fiscal problems that were clearly identified by my office during the session. Most importantly, the bill lacks funding to carry out certain mandated responsibilities. Both the Senate and House budgets currently provide only $134,000 for the biennium and one staff person to perform a wide variety of required duties in section 3. These functions tend to be very resource-intensive. Without additional funding, it would be difficult to comply even minimally with some of these mandates.

In addition, section 5 requires the creation of an international relations advisory committee to consist of at least 15 members. In order for this group to function properly and exercise its statutory duties, it will have to meet regularly and be afforded reimbursement for travel expenses and lodging associated with its meetings. Without sufficient funding, it would be difficult for this group to function in the manner required by the bill.

I firmly believe that an important element in effective international relations programs is to ensure that expectations are matched with actions and resources that are consistent over time. Section 3, and to some extent, section 5, raise a set of expectations about the state performing a wide range of coordinative technical assistance, and diplomatic functions without providing the resources to carry them out. In the long run, I do not believe that will enhance our status as a credible participant in the international arena.

Section 10, which requires automatic transfer of existing employees to the new office, is inconsistent with the authority given to the Governor in section 2 to appoint staff to the program.

For these reasons, I have vetoed sections 3, 5, and 10 of this bill.

With the exception of sections 3, 5, and 10, Substitute House Bill No. 1800 is approved."