Passed by the Senate May 23, 2011 YEAS 45   ________________________________________ President of the Senate Passed by the House May 22, 2011 YEAS 53   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SECOND ENGROSSED SENATE BILL 5764 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 1st Special Session |
Read first time 02/10/11. Referred to Committee on Economic Development, Trade & Innovation.
AN ACT Relating to innovate Washington; amending RCW 28B.50.902, 70.210.010, 70.210.020, 70.210.030, 70.210.040, 70.210.050, 70.210.060, 70.210.070, 42.30.110, and 42.56.270; adding a new section to chapter 41.06 RCW; adding a new chapter to Title 43 RCW; recodifying RCW 70.210.070; repealing RCW 28B.20.283, 28B.20.285, 28B.20.287, 28B.20.289, 28B.20.291, 28B.20.293, 28B.20.295, 28B.20.296, 28B.20.297, 28B.38.010, 28B.38.020, 28B.38.030, 28B.38.040, 28B.38.050, 28B.38.060, 28B.38.070, and 28B.38.900; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) Innovate Washington is hereby created as
a state agency exercising public and essential governmental functions.
Innovate Washington is created as the successor to the Washington
technology center and the Spokane intercollegiate research and
technology institute. Innovate Washington is created to be a
collaborative effort between the state's public and private
institutions of higher education, private industry, and government and
is to be the primary agency focused on growing the innovation-based
economic sectors of the state and responding to the technology transfer
needs of existing businesses in the state.
(2) The mission of innovate Washington is to make Washington the
best place to develop, build, and deploy innovative products, services,
and solutions to serve the world. To carry out this mission, innovate
Washington is to: Develop and strengthen academic-industry
relationships through research and assistance that is primarily of
interest to existing small and medium-sized Washington-based companies;
facilitate company growth through early stage financing; and leverage
state investments in sector-focused, innovation-based economic
development initiatives consistent with the state's economic
development strategic plan and export strategy. As funds are
available, innovate Washington shall:
(a) Facilitate leading edge collaborative research and technology
transfer opportunities to existing state businesses directly and by
working with industry associations and innovation partnership zones;
(b) Coordinate its activities with the commercialization and
technology transfer activities of the state's research institutions to
facilitate research that supports and develops state industries;
(c) Provide methods, systems, and venues for effective interaction
and collaboration between the state's technology-based industries and
its institutions of higher education;
(d) Provide assistance and support to businesses in:
(i) Securing federal and private funds to support product research
and commercialization;
(ii) Developing and integrating technology in new or enhanced
products and services; and
(iii) Launching those products and services in sustainable
businesses in the state;
(e) Establish programmatic activities that, through partnerships
with the private sector, increase the competitiveness of state
industries. This may include support provided to firms in innovation
partnership zones established under RCW 43.330.270;
(f) Provide opportunities for training undergraduate and graduate
students in technology transfer and commercialization processes through
direct involvement in research and industry interactions;
(g) Work with regional public and private utilities, district
energy providers, the utilities and transportation commission, and the
state energy office to improve the alignment of investments in clean
energy technologies with existing state policies. This may include
facilitating public-private partnerships to encourage research and
development of emerging clean and renewable energy technologies;
(h) Serve as the lead entity in the state for coordinating clean
energy-related initiatives and establishing a long-term funding
strategy for programs targeted at expanding the clean energy sector,
while maintaining existing energy policy and regulatory functions at
the department of commerce within the state energy office;
(i) Administer technology and innovation grant and loan programs
including bridge funding programs for the state's technology sector;
(j) Emphasize and develop nonstate support of program activities;
and
(k) Facilitate public-private partnerships that support the growth
of strategic, innovation-based sectors.
(3)(a) Administrative responsibilities for the Washington
technology center facilities located on the University of Washington
Seattle campus and the Spokane intercollegiate research and technology
institute facilities located on the Riverpoint campus operated by
Washington State University Spokane are hereby transferred to innovate
Washington except to the extent that such responsibilities are the
subject of an interagency agreement between the University of
Washington and the Washington technology center, in which case the
terms of that agreement control. The facilities shall be used for
purposes consistent with the obligations of innovate Washington under
this chapter. As initially established, the University of Washington
and Washington State University shall continue to provide the facility
support and maintenance for these facilities as required by innovate
Washington, except to the extent that such responsibilities are the
subject of an interagency agreement between the University of
Washington and the Washington technology center, in which case the
terms of that agreement control. Other institutions of higher
education may provide facility support and maintenance subsequently.
(b) The University of Washington, Washington State University, and
other institutions of higher education participating in innovate
Washington programs shall provide the affiliated staff and faculty
participating in these programs at their own expense.
(4) The facilities of innovate Washington may be made available to
any research institution or any public institution of higher education
within the state when this would benefit specific program needs
consistent with this chapter.
(5) Innovate Washington shall, by December 1, 2012, develop a
five-year business plan that must be updated by December 1st of every
even-numbered year and submitted to the appropriate committees of the
legislature. The plan must include:
(a) A plan for operating additional facilities in Vancouver, the
Tri-Cities, Bellingham, and such other locations as the innovate
Washington board identifies as appropriate;
(b) Identification and specification of activities to be undertaken
by those operating each of innovate Washington's facilities to include
potential collaboration with innovative programs at the state's
community and technical colleges and methods of working with the
centers of excellence established under RCW 28B.50.902 to identify
businesses that could benefit from innovate Washington services;
(c) The process to be followed, developed in collaboration with
impact Washington or any successor manufacturing extension partnership
program operating in the state, to ensure that impact Washington
clients have ready access to innovate Washington's services when
appropriate and that companies being assisted by innovate Washington
have ready access to impact Washington's services; and
(d) Mechanisms for outreach to firms operating in the state's
innovation partnership zones established under RCW 43.330.270 to ensure
such firms benefit from innovate Washington services.
(6) The five-year business plan required under this section must
include a clean energy component that includes:
(a) A strategy for implementation of the first three market-driving
initiatives identified by the clean energy leadership council in its
2010 report. These market-driving initiatives are in the areas of:
(i) Combined energy efficiency, green buildings, and smart grid;
(ii) Renewable energy resource optimization and smart grid
deployment; and
(iii) Bioenergy deployment acceleration.
(b) Recommendations on ways to improve policy alignment, streamline
regulatory requirements, and remove administrative barriers that limit
the growth of the clean energy sector in Washington.
(7) For the purposes of this section, "lead entity" means the
organization that all other state agencies must coordinate with and
receive approval from in order to award state funds in support of clean
energy initiatives.
NEW SECTION. Sec. 2 (1) The powers of innovate Washington are
vested in and shall be exercised by a board of directors consisting of:
(a) The governor of the state of Washington or the governor's
designee;
(b)(i) The president of the senate shall appoint one member from
each of the two largest caucuses of the senate;
(ii) The speaker of the house of representatives shall appoint one
member from each of the two largest caucuses of the house of
representatives;
(c) The president of the University of Washington or the
president's designee;
(d) The president of Washington State University or the president's
designee;
(e) The director of the department of commerce or the director's
designee;
(f) The chairs of the sector advisory committees created under this
chapter shall serve as ex officio voting members; and
(g) Seven members appointed by the governor from among individuals
who own or are executives at technology-based and innovative firms in
the state; of these members, at least four must be from firms
manufacturing in the state. The term of office for each board member
appointed by the governor shall be three years except, of the initial
appointees, three shall be appointed for one year and three shall be
appointed for two years. Members of the board may be appointed for
additional terms.
(2) The board shall meet at least biannually. The initial meeting
of the board must occur before December 31, 2011.
(3) A board member may be removed by the governor for cause under
RCW 43.06.070 and 43.06.080. The governor must fill any vacancy on the
board by appointment for the remainder of the unexpired term.
(4)(a) The appointed members of the board shall be compensated in
accordance with RCW 43.03.240 and may be reimbursed for expenses
incurred in the discharge of their duties under this chapter pursuant
to RCW 43.03.050 and 43.03.060.
(b) The ex officio members of the board under subsection (1)(a) and
(c) through (g) of this section may be reimbursed for expenses incurred
in the discharge of their duties under this chapter pursuant to RCW
43.03.050 and 43.03.060.
(c) Legislative members of the board may be reimbursed for expenses
incurred in the discharge of their duties under this chapter pursuant
to RCW 44.04.120.
(5) A majority of currently serving board members constitutes a
quorum.
(6) Meetings of the board shall be held in accordance with the open
public meetings act, chapter 42.30 RCW, and at the call of the chair or
when a majority of the board members so requests. Meetings of the
board may be held at any location within or out of the state, and board
members may participate in a meeting of the board by means of a
conference telephone or similar communication equipment under RCW
23B.08.200.
(7) The innovate Washington board must:
(a) Develop operating policies for innovate Washington programs;
(b) Appoint, and perform an annual performance review of, an
executive director;
(c) Approve an annual operating budget and ensure adequate funding
for operations;
(d) Approve a five-year business plan and its updates;
(e) Perform the duties required under chapter 70.210 RCW relating
to the investing in innovation program;
(f) Convene representatives of the commercialization and technology
transfer offices of private and public research institutions in the
state to determine the best methods for:
(i) Integrating existing databases into a single database of in-state technologies and inventions;
(ii) Making the technologies in the integrated database accessible;
and
(iii) Promoting the integrated database to entrepreneurs and
investors for commercialization and licensing purposes;
(g) Set performance goals for each program or service established;
and
(h) Provide a report to the governor and the legislature detailing
the fund-raising activities and outcomes, operations, economic impact,
and performance of innovate Washington. The report is due by December
1st of every year and the first report is due by December 1, 2012. The
report must include measures related to customer satisfaction as well
as measures of results derived from assistance provided to businesses,
including but not limited to manufacturing facilities established in
Washington, job creation inside and outside of Washington, new product
development, new markets opened and other export measures, the adoption
of new production processes, revenue and sales growth, measures that
would be included in a balanced scorecard, and such other outcome-based
measures as the board determines is appropriate.
(8) The board may:
(a) Make and execute agreements, contracts, and other instruments
with any private, public, or nonprofit entity for the performance,
operation, administration, implementation, or advancement of any
program in accordance with this chapter;
(b) Employ, contract with, or engage staff, advisors, auditors,
other technical or professional assistants, and such other personnel as
are necessary or desirable to implement this chapter. Staff support
for innovate Washington programs may be provided through cooperative
agreements with any public or private institution of higher education;
(c) Solicit and receive gifts, grants, donations, sponsorships, or
contributions from any federal, state, or local governmental agency or
program or any private source, and expend the same for any purpose
consistent with this chapter;
(d) Establish such:
(i) Affiliated organizations, that may not be considered state
agencies as defined under chapter 43.88 RCW, to facilitate partnerships
and program delivery with the private sector;
(ii) Special funds consistent with the provisions of chapter 43.88
RCW; and
(iii) Controls as it finds convenient for the implementation of
this chapter;
(e) Create one or more advisory committees;
(f) Adopt rules consistent with this chapter;
(g) Delegate any of its powers and duties if consistent with the
purposes of this chapter; and
(h) Exercise any other power reasonably required to implement the
purposes of this chapter.
NEW SECTION. Sec. 3 (1) To increase participation by Washington
state small business innovators in federal small business research
programs, innovate Washington shall provide or contract for the
provision of a small business innovation assistance program. The
program must include a proposal review process and must train and
assist Washington small business innovators to win awards from federal
small business research programs. The program must collaborate with
small business development centers, entrepreneur-in-residence programs,
and other appropriate sources of technical assistance to ensure that
small business innovators also receive the planning, counseling, and
support services necessary to expand their businesses and protect their
intellectual property.
(2) In operating the program, innovate Washington must give
priority to first-time applicants to the federal small business
research programs, new businesses, and firms with fewer than ten
employees, and may charge a fee for its services.
(3) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise.
(a) "Federal small business research programs" means the programs,
operating pursuant to the small business innovation development act of
1982, P.L. 97-219, and the small business technology transfer act of
1992, P.L. 102-564, title II, that provide funds to small businesses to
conduct 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 federal small business research programs.
NEW SECTION. Sec. 4 The investing in innovation account is
created in the custody of the state treasurer to receive state and
federal funds, grants, private gifts, or contributions to further the
purpose of innovate Washington. Expenditures from the account may be
used only for the purposes of the investing in innovation programs
established in chapter 70.210 RCW and any other purpose consistent with
this chapter. Only the executive director of innovate Washington 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.
NEW SECTION. Sec. 5 A new section is added to chapter 41.06 RCW
to read as follows:
In addition to the exemptions in RCW 41.06.070, this chapter does
not apply to any position in or employee of innovate Washington under
chapter 43.--- RCW (the new chapter created in section 20 of this act).
Sec. 6 RCW 28B.50.902 and 2009 c 151 s 4 are each amended to read
as follows:
(1) The college board, in consultation with business, industry,
labor, the workforce training and education coordinating board, the
department of ((community, trade, and economic development)) commerce,
the employment security department, and community and technical
colleges, shall designate centers of excellence and allocate funds to
existing and new centers of excellence based on a competitive basis.
(2) Eligible applicants for the program established under this
section include community and technical colleges. Priority shall be
given to applicants that have an established education and training
program serving the targeted industry and that have in their home
district or region an industry cluster with the same targeted industry
at its core.
(3) It is the role of centers of excellence to employ strategies
to:
(a) Create educational efficiencies;
(b) Build a diverse, competitive workforce for strategic
industries;
(c) Maintain an institutional reputation for innovation and
responsiveness;
(d) Develop innovative curriculum and means of delivering education
and training;
(e) Act as brokers of information and resources related to
community and technical college education and training ((for)) and
assistance available for firms in a targeted industry, including
working with innovate Washington to develop methods to identify
businesses within a targeted industry that could benefit from the
services offered by innovate Washington under chapter 43.--- RCW (the
new chapter created in section 20 of this act); and
(f) Serve as partners with workforce development councils,
associate development organizations, and other workforce and economic
development organizations.
(4) Examples of strategies under subsection (3) of this section
include but are not limited to: Sharing curriculum and other
instructional resources, to ensure cost savings to the system;
delivering collaborative certificate and degree programs; and holding
statewide summits, seminars, conferences, and workshops on industry
trends and best practices in community and technical college education
and training.
Sec. 7 RCW 70.210.010 and 2003 c 403 s 1 are each amended to read
as follows:
It is the intent of the legislature to promote growth in the
technology sectors of our state's economy and to particularly focus
support on the ((creation and)) commercialization of intellectual
property ((in the technology, energy, and telecommunications
industries)) and the manufacture of innovative products in the state.
Sec. 8 RCW 70.210.020 and 2003 c 403 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) (("Center" means the Washington technology center established
under RCW 28B.20.283 through 28B.20.295.)) "Board" means the innovate Washington board of directors
((
(2)for the center)).
(3) "Innovate Washington" means the agency created in section 1 of
this act.
Sec. 9 RCW 70.210.030 and 2003 c 403 s 4 are each amended to read
as follows:
(1) The investing in innovation ((grants)) program is established.
(2) ((The center)) Innovate Washington shall periodically make
strategic assessments of the types of ((state)) investments in research
((and)), technology, and industrial development in this state that
would likely create new products, jobs, and business opportunities and
produce the most beneficial long-term improvements to the lives and
health of the citizens of the state. The assessments shall be
available to the public and shall be used to guide decisions on
awarding ((grants)) funds under this chapter.
Sec. 10 RCW 70.210.040 and 2003 c 403 s 5 are each amended to
read as follows:
The board shall:
(1) Develop criteria for the awarding of loans or grants to
qualifying universities, institutions, businesses, or individuals;
(2) Make decisions regarding distribution of ((grant)) funds ((and
make grant awards)); ((and))
(3) In making ((grant awards, seek to provide a balance between
research grant awards and commercialization grant awards)) funding
decisions and to the extent that economic impact is not diminished,
provide priority to enterprises that:
(a) Were created through, and have existing intellectual property
agreements in place with, public and private research institutions in
the state; and
(b) Intend to produce new products or services, develop or expand
facilities, or manufacture in the state; and
(4) Specify in contracts awarding funds that recipients must
utilize funding received to support operations in the state of
Washington and must subsequently report on the impact of their
research, development, and any subsequent production activities within
Washington for a period of ten years following the award of funds, and
that a failure to comply with this requirement will obligate the
recipient to return the amount of the award plus interest as determined
by the board.
Sec. 11 RCW 70.210.050 and 2003 c 403 s 6 are each amended to
read as follows:
(1) The board may accept grant and loan proposals and establish a
competitive process for the awarding of grants and loans.
(2) The board shall establish a peer review committee to include
board members, scientists, engineers, and individuals with specific
recognized expertise. The peer review committee shall provide to the
board an independent peer review of all proposals determined to be
competitive for a loan or grant award that are submitted to the board.
(3) In the awarding of grants and loans, priority shall be given to
proposals that leverage additional private and public funding
resources.
(4) ((Up to fifty percent of available funds from the investing in
innovation account may be used to support commercialization
opportunities for research in Washington state through an organization
with commercialization expertise such as the Spokane intercollegiate
research and technology institute.)) Innovate Washington may not be a direct recipient
of ((
(5) The centergrant awards)) funding under this chapter ((403, Laws of 2003))
Sec. 12 RCW 70.210.060 and 2003 c 403 s 7 are each amended to
read as follows:
The board shall establish performance benchmarks against which the
program will be evaluated. The ((grants)) program shall be reviewed
periodically by the board. The board shall report annually to the
appropriate standing committees of the legislature on loans made and
grants awarded and as appropriate on program reviews conducted by the
board.
Sec. 13 RCW 70.210.070 and 2003 c 403 s 8 are each amended to
read as follows:
(1) ((The center)) Innovate Washington shall administer the
investing in innovation ((grants)) program.
(2) Not more than one percent of the available funds from the
investing in innovation account may be used for administrative costs of
the program.
Sec. 14 RCW 42.30.110 and 2010 1st sp.s. c 33 s 5 are each
amended to read as follows:
(1) Nothing contained in this chapter may be construed to prevent
a governing body from holding an executive session during a regular or
special meeting:
(a) To consider matters affecting national security;
(b) To consider the selection of a site or the acquisition of real
estate by lease or purchase when public knowledge regarding such
consideration would cause a likelihood of increased price;
(c) To consider the minimum price at which real estate will be
offered for sale or lease when public knowledge regarding such
consideration would cause a likelihood of decreased price. However,
final action selling or leasing public property shall be taken in a
meeting open to the public;
(d) To review negotiations on the performance of publicly bid
contracts when public knowledge regarding such consideration would
cause a likelihood of increased costs;
(e) To consider, in the case of an export trading company,
financial and commercial information supplied by private persons to the
export trading company;
(f) To receive and evaluate complaints or charges brought against
a public officer or employee. However, upon the request of such
officer or employee, a public hearing or a meeting open to the public
shall be conducted upon such complaint or charge;
(g) To evaluate the qualifications of an applicant for public
employment or to review the performance of a public employee. However,
subject to RCW 42.30.140(4), discussion by a governing body of
salaries, wages, and other conditions of employment to be generally
applied within the agency shall occur in a meeting open to the public,
and when a governing body elects to take final action hiring, setting
the salary of an individual employee or class of employees, or
discharging or disciplining an employee, that action shall be taken in
a meeting open to the public;
(h) To evaluate the qualifications of a candidate for appointment
to elective office. However, any interview of such candidate and final
action appointing a candidate to elective office shall be in a meeting
open to the public;
(i) To discuss with legal counsel representing the agency matters
relating to agency enforcement actions, or to discuss with legal
counsel representing the agency litigation or potential litigation to
which the agency, the governing body, or a member acting in an official
capacity is, or is likely to become, a party, when public knowledge
regarding the discussion is likely to result in an adverse legal or
financial consequence to the agency.
This subsection (1)(i) does not permit a governing body to hold an
executive session solely because an attorney representing the agency is
present. For purposes of this subsection (1)(i), "potential
litigation" means matters protected by RPC 1.6 or RCW 5.60.060(2)(a)
concerning:
(i) Litigation that has been specifically threatened to which the
agency, the governing body, or a member acting in an official capacity
is, or is likely to become, a party;
(ii) Litigation that the agency reasonably believes may be
commenced by or against the agency, the governing body, or a member
acting in an official capacity; or
(iii) Litigation or legal risks of a proposed action or current
practice that the agency has identified when public discussion of the
litigation or legal risks is likely to result in an adverse legal or
financial consequence to the agency;
(j) To consider, in the case of the state library commission or its
advisory bodies, western library network prices, products, equipment,
and services, when such discussion would be likely to adversely affect
the network's ability to conduct business in a competitive economic
climate. However, final action on these matters shall be taken in a
meeting open to the public;
(k) To consider, in the case of the state investment board,
financial and commercial information when the information relates to
the investment of public trust or retirement funds and when public
knowledge regarding the discussion would result in loss to such funds
or in private loss to the providers of this information;
(l) To consider proprietary or confidential nonpublished
information related to the development, acquisition, or implementation
of state purchased health care services as provided in RCW 41.05.026;
(m) To consider in the case of the life sciences discovery fund
authority, the substance of grant applications and grant awards when
public knowledge regarding the discussion would reasonably be expected
to result in private loss to the providers of this information;
(n) To consider in the case of a health sciences and services
authority, the substance of grant applications and grant awards when
public knowledge regarding the discussion would reasonably be expected
to result in private loss to the providers of this information;
(o) To consider in the case of innovate Washington, the substance
of grant or loan applications and grant or loan awards if public
knowledge regarding the discussion would reasonably be expected to
result in private loss to the providers of this information.
(2) Before convening in executive session, the presiding officer of
a governing body shall publicly announce the purpose for excluding the
public from the meeting place, and the time when the executive session
will be concluded. The executive session may be extended to a stated
later time by announcement of the presiding officer.
Sec. 15 RCW 42.56.270 and 2009 c 394 s 3 are each amended to read
as follows:
The following financial, commercial, and proprietary information is
exempt from disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source code or
object code, and research data obtained by any agency within five years
of the request for disclosure when disclosure would produce private
gain and public loss;
(2) Financial information supplied by or on behalf of a person,
firm, or corporation for the purpose of qualifying to submit a bid or
proposal for (a) a ferry system construction or repair contract as
required by RCW 47.60.680 through 47.60.750 or (b) highway construction
or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records supplied by
private persons pertaining to export services provided under chapters
43.163 and 53.31 RCW, and by persons pertaining to export projects
under RCW 43.23.035;
(4) Financial and commercial information and records supplied by
businesses or individuals during application for loans or program
services provided by chapters 43.325, 43.163, 43.160, 43.330, and
43.168 RCW, or during application for economic development loans or
program services provided by any local agency;
(5) Financial information, business plans, examination reports, and
any information produced or obtained in evaluating or examining a
business and industrial development corporation organized or seeking
certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the state
investment board by any person when the information relates to the
investment of public trust or retirement funds and when disclosure
would result in loss to such funds or in private loss to the providers
of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the clean Washington
center in applications for, or delivery of, program services under
chapter 70.95H RCW;
(9) Financial and commercial information requested by the public
stadium authority from any person or organization that leases or uses
the stadium and exhibition center as defined in RCW 36.102.010;
(10)(a) Financial information, including but not limited to account
numbers and values, and other identification numbers supplied by or on
behalf of a person, firm, corporation, limited liability company,
partnership, or other entity related to an application for a horse
racing license submitted pursuant to RCW 67.16.260(1)(b), liquor
license, gambling license, or lottery retail license;
(b) Internal control documents, independent auditors' reports and
financial statements, and supporting documents: (i) Of house-banked
social card game licensees required by the gambling commission pursuant
to rules adopted under chapter 9.46 RCW; or (ii) submitted by tribes
with an approved tribal/state compact for class III gaming;
(11) Proprietary data, trade secrets, or other information that
relates to: (a) A vendor's unique methods of conducting business; (b)
data unique to the product or services of the vendor; or (c)
determining prices or rates to be charged for services, submitted by
any vendor to the department of social and health services for purposes
of the development, acquisition, or implementation of state purchased
health care as defined in RCW 41.05.011;
(12)(a) When supplied to and in the records of the department of
((community, trade, and economic development)) commerce:
(i) Financial and proprietary information collected from any person
and provided to the department of ((community, trade, and economic
development)) commerce pursuant to RCW 43.330.050(8); and
(ii) Financial or proprietary information collected from any person
and provided to the department of ((community, trade, and economic
development)) commerce or the office of the governor in connection with
the siting, recruitment, expansion, retention, or relocation of that
person's business and until a siting decision is made, identifying
information of any person supplying information under this subsection
and the locations being considered for siting, relocation, or expansion
of a business;
(b) When developed by the department of ((community, trade, and
economic development)) commerce based on information as described in
(a)(i) of this subsection, any work product is not exempt from
disclosure;
(c) For the purposes of this subsection, "siting decision" means
the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty days to
the department of ((community, trade, and economic development))
commerce from a person connected with siting, recruitment, expansion,
retention, or relocation of that person's business, information
described in (a)(ii) of this subsection will be available to the public
under this chapter;
(13) Financial and proprietary information submitted to or obtained
by the department of ecology or the authority created under chapter
70.95N RCW to implement chapter 70.95N RCW;
(14) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the life sciences
discovery fund authority in applications for, or delivery of, grants
under chapter 43.350 RCW, to the extent that such information, if
revealed, would reasonably be expected to result in private loss to the
providers of this information;
(15) Financial and commercial information provided as evidence to
the department of licensing as required by RCW 19.112.110 or
19.112.120, except information disclosed in aggregate form that does
not permit the identification of information related to individual fuel
licensees;
(16) Any production records, mineral assessments, and trade secrets
submitted by a permit holder, mine operator, or landowner to the
department of natural resources under RCW 78.44.085;
(17)(a) Farm plans developed by conservation districts, unless
permission to release the farm plan is granted by the landowner or
operator who requested the plan, or the farm plan is used for the
application or issuance of a permit;
(b) Farm plans developed under chapter 90.48 RCW and not under the
federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject to
RCW 42.56.610 and 90.64.190;
(18) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by a health sciences and
services authority in applications for, or delivery of, grants under
RCW 35.104.010 through 35.104.060, to the extent that such information,
if revealed, would reasonably be expected to result in private loss to
providers of this information;
(19) Information gathered under chapter 19.85 RCW or RCW 34.05.328
that can be identified to a particular business; ((and))
(20) Financial and commercial information submitted to or obtained
by the University of Washington, other than information the university
is required to disclose under RCW 28B.20.150, when the information
relates to investments in private funds, to the extent that such
information, if revealed, would reasonably be expected to result in
loss to the University of Washington consolidated endowment fund or to
result in private loss to the providers of this information; and
(21) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by innovate Washington in
applications for, or delivery of, grants and loans under chapter 43.---
RCW (the new chapter created in section 20 of this act), to the extent
that such information, if revealed, would reasonably be expected to
result in private loss to the providers of this information.
NEW SECTION. Sec. 16 The following acts or parts of acts are
each repealed:
(1) RCW 28B.20.283 (Washington technology center -- Findings) and
1995 c 399 s 25 & 1992 c 142 s 1;
(2) RCW 28B.20.285 (Washington technology center -- Created -- Purpose)
and 2004 c 151 s 3, 2003 c 403 s 10, 1992 c 142 s 3, & 1983 1st ex.s.
c 72 s 11;
(3) RCW 28B.20.287 (Washington technology center -- Definitions) and
2004 c 151 s 4 & 1992 c 142 s 2;
(4) RCW 28B.20.289 (Washington technology center -- Administration -- Board of directors) and 2003 c 403 s 11, 1995 c 399 s 26, & 1992 c 142
s 4;
(5) RCW 28B.20.291 (Washington technology center -- Support from
participating institutions) and 1992 c 142 s 5;
(6) RCW 28B.20.293 (Washington technology center -- Role of
department of community, trade, and economic development) and 1995 c
399 s 27 & 1992 c 142 s 6;
(7) RCW 28B.20.295 (Washington technology center -- Availability of
facilities to other institutions) and 1992 c 142 s 7;
(8) RCW 28B.20.296 (Washington technology center -- Renewable energy
and energy efficiency business development -- Strategic plan) and 2004 c
151 s 2;
(9) RCW 28B.20.297 (Washington technology center--Small business
innovation research assistance program) and 2005 c 357 s 1;
(10) RCW 28B.38.010 (Spokane intercollegiate research and
technology institute) and 2004 c 275 s 55 & 1998 c 344 s 9;
(11) RCW 28B.38.020 (Administration -- Board of directors -- Powers and
duties) and 1998 c 344 s 10;
(12) RCW 28B.38.030 (Support from participating institutions) and
1998 c 344 s 11;
(13) RCW 28B.38.040 (Operating staff -- Cooperative agreements for
programs and research) and 1998 c 344 s 12;
(14) RCW 28B.38.050 (Role of department of community, trade, and
economic development) and 1998 c 344 s 13;
(15) RCW 28B.38.060 (Availability of facilities to other
institutions) and 1998 c 344 s 14;
(16) RCW 28B.38.070 (Authority to receive and expend funds) and
1998 c 344 s 15; and
(17) RCW 28B.38.900 (Captions not law) and 1998 c 344 s 16.
NEW SECTION. Sec. 17 (1) The Spokane intercollegiate research
and technology institute and the Washington technology center are
hereby abolished and the powers, duties, and functions are hereby
transferred to innovate Washington. Once the board created in section
2 of this act has convened, all references to the Spokane
intercollegiate research and technology institute or the Washington
technology center in the Revised Code of Washington shall be construed
to mean innovate Washington.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the Spokane
intercollegiate research and technology institute or the Washington
technology center shall be delivered to the custody of innovate
Washington. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed by the Spokane intercollegiate
research and technology institute or the Washington technology center
shall be made available to innovate Washington. All funds, credits, or
other assets held by the Spokane intercollegiate research and
technology institute or the Washington technology center shall be
assigned to innovate Washington.
(b) Any appropriations made to the Spokane intercollegiate research
and technology institute or the Washington technology center shall, on
the effective date of this section, be transferred and credited to
innovate Washington.
(c) If 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.
(3) All employees of the Spokane intercollegiate research and
technology institute or the Washington technology center are
transferred to the jurisdiction of innovate Washington. All employees
classified under chapter 41.06 RCW, the state civil service law, are
assigned to innovate Washington 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.
(4) All rules and all pending business before the Spokane
intercollegiate research and technology institute or the Washington
technology center shall be continued and acted upon by innovate
Washington. All existing contracts and obligations shall remain in
full force and shall be performed by innovate Washington.
(5) The transfer of the powers, duties, functions, and personnel of
the Spokane intercollegiate research and technology institute and the
Washington technology center shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, 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.
(7) All classified employees of the Spokane intercollegiate
research and technology institute or the Washington technology center
assigned to innovate Washington under this section whose positions are
within an existing bargaining unit description at innovate Washington
shall become a part of the existing bargaining unit at innovate
Washington and shall be considered an appropriate inclusion or
modification of the existing bargaining unit under the provisions of
chapter 41.80 RCW.
NEW SECTION. Sec. 18 The joint legislative audit and review
committee shall review the performance of innovate Washington as
provided in this act and make recommendations to the appropriate policy
and fiscal committees of the legislature by December 1, 2015, regarding
the effectiveness of innovate Washington programs. The review shall
consider each aspect of the innovate Washington balanced scorecard as
adopted by the innovate Washington board under section 2(7)(h) of this
act and any other measures of performance deemed relevant by the joint
legislative audit and review committee.
NEW SECTION. Sec. 19 RCW 70.210.070 is recodified as a section
in chapter 43.--- RCW (the new chapter created in section 20 of this
act).
NEW SECTION. Sec. 20 Sections 1 through 4, 17, and 18 of this
act constitute a new chapter in Title
NEW SECTION. Sec. 21 This act takes effect August 1, 2011.