BILL REQ. #:  S-4726.1 

READ FIRST TIME 02/09/10.   

     AN ACT Relating to business assistance programs; amending RCW 28B.30.530, 28B.20.297, 43.06.335, 43.338.020, 43.131.409, 43.131.410, and 43.79A.040; adding a new section to chapter 43.330 RCW; adding a new section to chapter 28B.20 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.330 RCW to read as follows:
     (1) The Washington entrepreneurial development and small business reference service is created in the department of commerce.
     (2) To the extent that funds are provided for this purpose, the department must:
     (a) In conjunction with and drawing on information compiled by the work force training and education coordinating board and the Washington economic development commission:
     (i) Establish and maintain an inventory of the public and private entrepreneurial training and technical assistance services, programs, and resources available in the state;
     (ii) Disseminate information about available entrepreneurial development and small business assistance services, programs, and resources via in-person presentations and electronic and printed materials and undertake other activities to raise awareness of entrepreneurial training and small business assistance offerings; and
     (iii) Evaluate the extent to which existing entrepreneurial training and technical assistance programs in the state are effective and represent a consistent, integrated approach to meeting the needs of start-up and existing entrepreneurs;
     (b) Assist providers of entrepreneurial development and small business assistance services in applying for federal and private funding to support the entrepreneurial development and small business assistance activities in the state;
     (c) Distribute awards for excellence in entrepreneurial training and small business assistance; and
     (d) Report to the governor, the economic development commission, the work force training and education coordinating board, and the appropriate legislative committees its recommendations for statutory changes necessary to enhance operational efficiencies or enhance coordination related to entrepreneurial development and small business assistance.
     (3) In carrying out the duties under this section, the department must seek the advice of small business owners and advocates, the Washington economic development commission, the work force training and education coordinating board, the state board for community and technical colleges, the employment security department, the Washington state microenterprise association, associate development organizations, impact Washington, the Washington quality award council, the Washington technology center, the small business export finance assistance center, the Spokane intercollegiate research and technology institute, representatives of the University of Washington business school and the Washington State University college of business and economics, the office of minority and women's business enterprises, the Washington economic development finance authority, and staff from small business development centers.
     (4) The director may appoint an advisory board or convene such other individuals or groups as he or she deems appropriate to assist in carrying out the department's duties under this section.

Sec. 2   RCW 28B.30.530 and 2009 c 486 s 1 are each amended to read as follows:
     (1) The board of regents of Washington State University ((shall)) must establish the Washington State University small business development center.
     (2) The center ((shall)) must provide management and technical assistance including but not limited to training, counseling, and research services to small businesses throughout the state. The center shall work with the department of ((community, trade, and economic development)) commerce, the state board for community and technical colleges, the higher education coordinating board, the workforce training and education coordinating board, the employment security department, the Washington state economic development commission, associate development organizations, and workforce development councils to:
     (a) Integrate small business development centers with other state and local economic development and workforce development programs;
     (b) Target the centers' services to small businesses;
     (c) Tailor outreach and services at each center to the needs and demographics of entrepreneurs and small businesses located within the service area;
     (d) Establish and expand small business development center satellite offices when financially feasible; and
     (e) Coordinate delivery of services to avoid duplication. In carrying out the duty under this subsection and to the extent that funds are provided for these purposes, the center must, consistent with the scope, goals, deliverables, and timeline of work specified in the annual cooperative agreement with the United States small business administration:
     (i) Develop and maintain a state comprehensive plan for the coordination and integration of small business and entrepreneurial development programs and the operations of a statewide small business and entrepreneurial development system. The plan must include but not be limited to setting measurable goals, objectives, and priorities;
     (ii) Advocate for the state's small business and entrepreneurial development system and for meeting the needs of small start-ups and existing entrepreneurs;
     (iii) Work with private and public entrepreneurial development and small business assistance providers to develop entrepreneurial training and small business assistance instructional materials and curricula that meet the particular entrepreneurial development and small business assistance needs of rural and low-income communities and small manufacturers interested in exporting; and
     (iv) Identify policies to reduce administrative and other barriers to efficient delivery and coordination of small business and entrepreneurial assistance.
     (3) The administrator of the center may contract with other public or private entities for the provision of specialized services.
     (4) The small business development center may accept and disburse federal grants or federal matching funds or other funds or donations from any source when made, granted, or donated to carry out the center's purposes. When drawing on funds from the business assistance account created in RCW ((30.60.010)) 28B.30.531, the center must first use the funds to make increased management and technical assistance available to small and start-up businesses at satellite offices. The funds may also be used to develop and expand assistance programs such as small business planning workshops and small business counseling.
     (5) The legislature directs the small business development center to request United States small business administration approval of a special emphasis initiative, as permitted under 13 C.F.R. 130.340(c) as of April 1, 2009, to target assistance to Washington state's smaller businesses. This initiative would be negotiated and included in the first cooperative agreement application process that occurs after July 26, 2009.
     (6) By December 1, 2009, and December 1, 2010, respectively, the center shall provide a written progress report and a final report to the appropriate committees of the legislature with respect to the requirements in subsections (2) and (5) of this section and the amount and use of funding received through the business assistance account. The reports must also include data on the number, location, staffing, and budget levels of satellite offices; affiliations with community colleges, associate development organizations or other local organizations; the number, size, and type of small businesses assisted; and the types of services provided. The reports must also include information on the outcomes achieved, such as jobs created or retained, private capital invested, and return on the investment of state and federal dollars.

Sec. 3   RCW 28B.20.297 and 2005 c 357 s 1 are each amended to read as follows:
     (1) The legislature finds that small technology-based firms are the source of approximately one-half of the economy's major innovations. The legislature further finds that economic development in the state is increasingly driven by innovative firms and that it is in the interest of the state to:
     (a) Increase participation by Washington state small businesses in the federal small business innovation research program by assisting them in becoming small business innovation research program grant recipients((.
     The legislature further finds that many small business innovators lack the grant-writing skills necessary to prepare a successful small business innovation research program proposal, and the federal program that funded grant-writing assistance has stopped operations. Nearly fifty percent of small businesses trained under the federal program won grants compared to less than ten percent of those that did not receive training)); and
     (b) Increase the number of innovative firms that understand and engage in the technology commercialization process by providing information resources and technical assistance in accessing new technologies.
     (2) As used in this section:
     (a) "Small business innovation research program" means the program, enacted pursuant to the small business innovation development act of 1982, P.L. 97-219, that provided funds to small businesses to conduct innovative research having commercial application.
     (b) "Small business" means a corporation, partnership, sole proprietorship, or individual, operating a business for profit, with two hundred fifty employees or fewer, including employees employed in a subsidiary or affiliated corporation, that otherwise meets the requirements of the federal small business innovation research program.
     (3) To the extent funds are appropriated for these purposes, the Washington technology center ((shall)) must establish a small business innovation research and assistance program, including a proposal review process, to train and assist Washington small businesses to win phase I federal small business innovation research program awards((.
     (a))) and federal technology innovation program awards. In operating the program, the Washington technology center ((shall)) must give priority to first-time small business innovation research program applicants, new businesses, and firms with fewer than ten employees.
     (((b))) (4) The Washington technology center may charge a fee for ((this)) its services.

NEW SECTION.  Sec. 4   A new section is added to chapter 28B.20 RCW to read as follows:
     The investing in innovation account is created in the custody of the state treasurer. Funds may be directed to the account from federal, state, and private sources. Expenditures from the account may be used only to carry out the investing in innovation grants program established under RCW 70.210.030, and other innovation and commercialization purposes consistent with the federal, state, or private and other funding guidelines that apply to the funds deposited in the account. Only the executive director of the Washington technology center or the executive director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

Sec. 5   RCW 43.06.335 and 2004 c 245 s 1 are each amended to read as follows:
     (1) The Washington quality award council ((shall)) must be organized as a private, nonprofit corporation, in accordance with chapter 24.03 RCW and this section.
     (2) The council ((shall)) must oversee the governor's Washington state quality award program. The purpose of the program is to improve the overall competitiveness of the state's economy by stimulating Washington state industries, business, and organizations to bring about measurable success through setting standards of organizational excellence, encouraging organizational self-assessment, identifying successful organizations as role models, and providing a valuable mechanism for promoting and strengthening a commitment to continuous quality improvement in all sectors of the state's economy. The governor ((shall)) must annually present the award to organizations that improve the quality of their products and services and are noteworthy examples of high-performing work organizations, as determined by the council in consultation with the governor or appointed representative.
     (3) The governor ((shall)) must appoint a representative to serve on the board of directors of the council.
     (4) The council ((shall)) must establish a board of examiners, a recognition committee, and such other committees or subgroups as it deems appropriate to carry out its responsibilities.
     (5) The council may conduct such public information, research, education, and assistance programs as it deems appropriate to further quality improvement in organizations operating in the state of Washington.
     (6) To the extent funds are appropriated for these purposes, the council ((shall)) must:
     (a) Approve and announce award recipients;
     (b) Approve guidelines to examine applicant organizations;
     (c) Approve appointment of board of examiners; ((and))
     (d) Arrange appropriate annual awards and recognition for recipients;
     (e) Provide training to technical assistance providers from the department of commerce, impact Washington, small business development centers, associate development organizations, and other organizations in continuous quality improvement, performance measurement, strategic planning, and other approaches designed to reduce operating costs, improve effectiveness, and increase productivity in businesses receiving assistance; and
     (f) Offer the services of a public sector and a private sector manager to conduct conferences, perform outreach, provide training, and deliver technical assistance to organizations, agencies, and businesses to allow them to develop and implement quality management, accountability, and performance systems.

Sec. 6   RCW 43.338.020 and 2008 c 315 s 3 are each amended to read as follows:
     (1) The Washington manufacturing innovation and modernization extension service program is created to provide assistance to small manufacturers located in the state of Washington. The program ((shall)) must be administered by the department subject to funds provided for this purpose.
     (2)(a) Application to receive assistance under this program must be made to the department in a form and manner specified by the department. Successful applicants will receive an innovation and modernization extension voucher from the department to cover the costs of extension services performed by a qualified manufacturing extension partnership affiliate. An applicant may not receive a voucher or vouchers of over two hundred thousand dollars per calendar year. The department shall only allocate up to sixty percent of available funding during the first year of a biennium.
     (b) Applicants must:
     (i) Have a valid agreement with a qualified manufacturing extension partnership affiliate to engage in innovation and modernization extension services;
     (ii) Agree to: (A) Make a contribution to the manufacturing innovation and modernization account created in RCW 43.338.030, in an amount equal to twenty-five percent of the amount of the innovation and modernization extension voucher, upon completion of the innovation and modernization extension service; and (B) make monthly or quarterly contributions over the subsequent eighteen months, as specified in their agreement with the affiliate, to the manufacturing innovation and modernization account created in RCW 43.338.030 in an amount equal to eighty percent of the amount of the innovation and modernization extension voucher;
     (iii) Be a small manufacturer or an industry association or cluster association at the time the applicant entered into an agreement with a qualified manufacturing extension partnership affiliate; and
     (iv) If a small manufacturer, ensure that the number of employees the applicant has in the state during the calendar year following the completion of the program will be equal to or greater than the number of employees the applicant had in the state in the calendar year preceding the start of the program.
     (3) The director may solicit and receive gifts, grants, funds, fees, and endowments, in trust or otherwise, from tribal, local, federal, or other governmental entities, as well as private sources, for the purpose of providing funding for the innovation and modernization extension services and outreach services specified in this chapter. All revenue solicited and received by the department pursuant to this subsection must be deposited into the manufacturing innovation and modernization account created in RCW 43.338.030.
     (4) The department may adopt rules to implement this section.
     (5) Any qualified manufacturing extension partnership affiliate receiving funding under this program is required to submit a copy of its annual independent federal audit to the department within three months of its issuance.

Sec. 7   RCW 43.131.409 and 2008 c 315 s 7 are each amended to read as follows:
     The Washington manufacturing innovation and modernization extension service program under chapter 43.338 RCW ((shall be terminated)) terminates on June 30, ((2012)) 2017, as provided in RCW 43.131.410.

Sec. 8   RCW 43.131.410 and 2008 c 315 s 8 are each amended to read as follows:
     The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, ((2013)) 2018:
     (1) RCW 43.338.005 and 2008 c 315 § 1;
     (2) RCW 43.338.010 and 2008 c 315 § 2;
     (3) RCW 43.338.020 and 2008 c 315 § 3;
     (4) RCW 43.338.900 and 2008 c 315 § 4;
     (5) RCW 43.338.030 and 2008 c 315 § 5; and
     (6) RCW 43.338.040 and 2008 c 315 § 6.

Sec. 9   RCW 43.79A.040 and 2009 c 87 s 4 are each amended to read as follows:
     (1) Money in the treasurer's trust fund may be deposited, invested, and reinvested by the state treasurer in accordance with RCW 43.84.080 in the same manner and to the same extent as if the money were in the state treasury.
     (2) All income received from investment of the treasurer's trust fund shall be set aside in an account in the treasury trust fund to be known as the investment income account.
     (3) The investment income account may be utilized for the payment of purchased banking services on behalf of treasurer's trust funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasurer or affected state agencies. The investment income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
     (4)(a) Monthly, the state treasurer shall distribute the earnings credited to the investment income account to the state general fund except under (b) and (c) of this subsection.
     (b) The following accounts and funds shall receive their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The Washington promise scholarship account, the college savings program account, the Washington advanced college tuition payment program account, the agricultural local fund, the American Indian scholarship endowment fund, the foster care scholarship endowment fund, the foster care endowed scholarship trust fund, the students with dependents grant account, the basic health plan self-insurance reserve account, the contract harvesting revolving account, the Washington state combined fund drive account, the commemorative works account, the Washington international exchange scholarship endowment fund, the toll collection account, the developmental disabilities endowment trust fund, the energy account, the fair fund, the family leave insurance account, the food animal veterinarian conditional scholarship account, the fruit and vegetable inspection account, the future teachers conditional scholarship account, the game farm alternative account, the GET ready for math and science scholarship account, the grain inspection revolving fund, the juvenile accountability incentive account, the law enforcement officers' and firefighters' plan 2 expense fund, the local tourism promotion account, the pilotage account, the produce railcar pool account, the regional transportation investment district account, the rural rehabilitation account, the stadium and exhibition center account, the youth athletic facility account, the self-insurance revolving fund, the sulfur dioxide abatement account, the children's trust fund, the Washington horse racing commission Washington bred owners' bonus fund and breeder awards account, the Washington horse racing commission class C purse fund account, the individual development account program account, the Washington horse racing commission operating account (earnings from the Washington horse racing commission operating account must be credited to the Washington horse racing commission class C purse fund account), the life sciences discovery fund, the Washington state heritage center account, the reduced cigarette ignition propensity account, the investing in innovation account, and the reading achievement account. However, the earnings to be distributed shall first be reduced by the allocation to the state treasurer's service fund pursuant to RCW 43.08.190.
     (c) The following accounts and funds shall receive eighty percent of their proportionate share of earnings based upon each account's or fund's average daily balance for the period: The advanced right-of-way revolving fund, the advanced environmental mitigation revolving account, the city and county advance right-of-way revolving fund, the federal narcotics asset forfeitures account, the high occupancy vehicle account, the local rail service assistance account, and the miscellaneous transportation programs account.
     (5) In conformance with Article II, section 37 of the state Constitution, no trust accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

NEW SECTION.  Sec. 10   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 11   If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is inoperative solely to the extent of the conflict, and the finding or determination does not affect the operation of the remainder of this act. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.