Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Community & Economic Development & Trade Committee

HB 2651

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Authorizing port districts to participate in activities related to job training and placement.

Sponsors: Representatives Upthegrove, Orwall, Simpson, Nelson, Hudgins and Hasegawa.

Brief Summary of Bill

  • Authorizes port districts to provide resources to assist nonprofit organizations to operate certain job training and placement programs.

Hearing Date: 1/25/10

Staff: Meg VanSchoorl (786-7105).

Background:

Port districts are authorized to acquire, construct, maintain, operate, develop, and regulate harbor improvements, rail or motor vehicle transfer and terminal facilities, water and air transfer and terminal facilities, or any combination of these facilities. State law also explicitly permits ports to promote tourism by granting the authority to "expend moneys and conduct promotion of resources and facilities in the district or general area by advertising, publicizing, or otherwise distributing information to attract visitors and encourage tourist expansion."

Among the general powers granted to ports are the following:

• To acquire land, property, leases, and easements;

• To condemn property and exercise the power of eminent domain;

• To develop lands for industrial and commercial purposes;

• To impose taxes, rates, and charges;

• To sell or otherwise convey rights to property; and

• To construct and maintain specified types of park and recreation facilities.

There is no explicit authority for a port district to provide resources to help nonprofit organizations operate job training and placement programs.

Article VII, Section 8, of the State Constitution explicitly allows the Legislature to grant authority to port districts to use public funds for industrial development or trade promotion and promotional hosting. Such use of state funds by a port is deemed a "public use for a public purpose" and is therefore not subject to the constitutional prohibition against making a gift of public funds to a private party.

Summary of Bill:

A port district may provide funding, property, and other resources to assist nonprofit organizations to operate programs for job training and placement associated with: (1) port tenants; (2) port customers; and (3) port-related local economic development.

Appropriation: None.

Fiscal Note: Requested on 1/20/2010.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.