AN ACT Relating to the department of commerce and economic development; amending RCW 43.31.080, 43.31.370, 43.31.375, 43.31.377, 43.31.800, 43.31.810, 43.31.820, 43.31.830, 43.31.832, 43.31.833, 43.31.834, 43.31.840, 43.31.850, 43.131.315, 43.131.316, 43.131.317, and 43.131.318; decodifying RCW 43.31.500, 43.31.510, 43.31.520, 43.31.525, 43.31.530, 43.31.540, 43.31.550, 43.31.560, 43.31.570, 43.31.580, 43.31.590, 43.31.620, 43.31.630, 43.31.640, 43.31.660, 43.31.670, 43.31.680, 43.31.690, 43.31.700, 43.31.710, 43.31.720, 43.31.730, 43.31.740, 43.31.750, 43.31.760, and 43.31.770; repealing RCW 43.31.070, 43.31.170, 43.31.180, 43.31.831, 43.31.860, 43.31.935, 43.31.940, 43.31.942, 43.31.944, 43.31.946, 43.31.948, 43.131.257, and 43.131.258; providing an effective date; and declaring an emergency.

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

Sec. 1. Section 43.31.080, chapter 8, Laws of 1965 and RCW 43.31.080 are each amended to read as follows:

Notwithstanding any duties and powers specifically enumerated in RCW 43.31.050((,)) and 43.31.060, ((~~and 43.31.070,~~)) the director is authorized, empowered, and directed to do any and all other acts necessary to accomplish the purposes of this chapter as specified in RCW 43.31.010.

Sec. 2. Section 4, chapter 221, Laws of 1967 as amended by section 9, chapter 175, Laws of 1984 and RCW 43.31.370 are each amended to read as follows:

The department of commerce and economic development through the office of ((~~international~~)) foreign trade is hereby designated the agency of state government for the promotion and development of international trade and shall, in addition to the powers and duties otherwise imposed by law, have the following powers and duties:

(1) To study the potential marketability of various agricultural, natural resource, and manufacturing commodities of this state in international trade;

(2) To collect, prepare, and analyze international and domestic market data;

(3) To maintain close contact with international firms and governmental agencies and to act as an effective intermediary between nations other than the United States and Washington traders;

(4) To publish and disseminate to interested citizens and others information which will aid in carrying out the purposes of RCW 43.31.040 and 43.31.350 through 43.31.370;

(5) To encourage and promote the movement of international and domestic goods through the ports of Washington;

(6) To conduct an active program by sending representatives to, or engaging representatives in, other nations to promote the state as an international trade center;

(7) To assist and to make Washington agricultural, natural resource, and manufacturing concerns more aware of the potentials of international trade and to encourage production of those commodities which will have high export potentials and appeal;

(8) To administer state participation in state or international trade fairs;

(9) To coordinate the trade promotional activities of federal, state, and local public agencies, as well as civic organizations;

(10) To administer the honorary commercial attache program established under this chapter.

Sec. 3. Section 2, chapter 175, Laws of 1984 and RCW 43.31.375 are each amended to read as follows:

Unless the context requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Attache" means an honorary commercial attache.

(2) "Department" means the department of commerce and economic development, or its successor agency.

(3) "Director" means the director of commerce and economic development, or its successor agency.

(4) "Office" or "office of ((~~international~~)) foreign trade" means the office of ((~~international~~)) foreign trade of the department of commerce and economic development, or its successor agency.

(5) "Program" means the honorary commercial attache program.

Sec. 4. Section 3, chapter 175, Laws of 1984 and RCW 43.31.377 are each amended to read as follows:

There is established within the office of ((~~international~~)) foreign trade the honorary commercial attache program.

The office in administering the program, shall:

(1) Identify candidate attaches by accepting recommendations and soliciting referrals from Washington state businesses having extensive overseas trade involvement, state universities with foreign student exchange programs, local internationally oriented societies and trade groups, international consulates, various levels of government, and other sources.

(2) Screen applicants to determine their suitability to ably represent the state as honorary commercial attaches, including:

(a) Making formal inquiry to the United States commercial attache in the appropriate United States embassy or consulate general;

(b) Conducting background research and reference evaluation as necessary to ensure that the applicant is a distinguished and respected member of his or her profession;

(3) Make its report and recommendations to the governor and the president of the senate regarding applicants;

(4) Provide a comprehensive orientation on state products and services and opportunities for investment in the state on an ongoing basis to attaches;

(5) Prepare and provide the necessary brochures, pamphlets, and materials for use and distribution by attaches;

(6) Target those regions and countries in which an attache would be most beneficial; and

(7) Assist the attaches in the execution of their duties including providing guidance on developing trade and investment leads and acting as a focal point for all resulting communications between international companies and individuals with the state.

The department may administer the honorary commercial attache program in conjunction with other similar programs.

Sec. 5. 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 and economic development.

Sec. 6. 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. 7. 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. 8. 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 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. 9. Section 2, chapter 93, Laws of 1972 ex. sess. as last amended by section 1, chapter 2, Laws of 1981 2nd ex. sess. and RCW 43.31.832 are each amended to read as follows:

((~~In addition to the sum transferred in RCW 43.31.831, additional~~)) Funds determined to be surplus funds by the director of the department of commerce and economic development may be transferred from the state trade fair fund to the general fund upon the recommendation of the director of the department of commerce and economic development and the state treasurer: PROVIDED, That the director may also elect to expend up to one million dollars of such surplus on the department of commerce and economic development foreign trade related activities, including, but not limited to, promotion of investment pursuant to RCW 43.31.060, tourism pursuant to RCW 43.31.050, and foreign trade pursuant to RCW 43.31.350 through 43.31.370.

Sec. 10. Section 3, chapter 93, Laws of 1972 ex. sess. and RCW 43.31.833 are each amended to read as follows:

RCW ((~~43.31.831~~)) 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. 11. Section 4, chapter 93, Laws of 1972 ex. sess. and RCW 43.31.834 are each amended to read as follows:

RCW ((~~43.31.831~~)) 43.31.832 through 43.31.834 shall be construed to supersede any provision of existing law to the contrary.

Sec. 12. Section 6, chapter 148, Laws of 1965 as amended by section 6, chapter 292, Laws of 1975 1st ex. sess. and RCW 43.31.840 are each amended to read as follows:

The director shall at the end of each year for which an annual allotment has been made, cause to be conducted, a post audit of all of the books and records of each state international trade fair participating in the state trade fair fund. The purpose of such post audit shall be to determine how and to what extent each participating state international trade fair has expended all of its funds.

The audit required by this section shall be a condition to future allotments of money from the state ((~~international~~)) trade fair fund, and the director shall make a report of the findings of each post audit and shall use such report as a consideration in an application for any future allocations.

Sec. 13. 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~~)) 43.31.850 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. 14. Section 12, chapter 175, Laws of 1984 and RCW 43.131.315 are each amended to read as follows:

The honorary commercial attache program shall be reviewed under the process provided in chapter 43.131 RCW before December 1, ((~~1985~~)) 1987. Unless extended by law, the program shall be terminated on June 30, ((~~1986~~)) 1988.

Sec. 15. Section 13, chapter 175, Laws of 1984 and RCW 43.131.316 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, ((~~1987~~)) 1989:

(1) Section 1, chapter 175, Laws of 1984 and RCW 43.31.373;

(2) Section 2, chapter 175, Laws of 1984, section 3 of this 1985 act and RCW 43.31.375;

(3) Section 3, chapter 175, Laws of 1984, section 4 of this 1985 act and RCW 43.31.377;

(4) Section 4, chapter 175, Laws of 1984 and RCW 43.31.379;

(5) Section 5, chapter 175, Laws of 1984 and RCW 43.31.381;

(6) Section 6, chapter 175, Laws of 1984 and RCW 43.31.383;

(7) Section 7, chapter 175, Laws of 1984 and RCW 43.31.385; and

(8) Section 8, chapter 175, Laws of 1984 and RCW 43.31.387.

Sec. 16. Section 9, chapter 176, Laws of 1984 and RCW 43.131.317 are each amended to read as follows:

The office of international investment shall be reviewed under the process provided in chapter 43.131 RCW before December 1, ((~~1985~~)) 1987. Unless extended by law, the office and its powers and duties shall be terminated on June 30, ((~~1986~~)) 1988.

Sec. 17. Section 10, chapter 176, Laws of 1984 and RCW 43.131.318 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, ((~~1987~~)) 1989:

(1) Section 1, chapter 176, Laws of 1984 and RCW 43.31B.010;

(2) Section 2, chapter 176, Laws of 1984 and RCW 43.31B.020;

(3) Section 3, chapter 176, Laws of 1984 and RCW 43.31B.030;

(4) Section 4, chapter 176, Laws of 1984 and RCW 43.31B.040; and

(5) Section 5, chapter 176, Laws of 1984 and RCW 43.31B.050.

NEW SECTION. Sec. 18. RCW 43.31.500, 43.31.510, 43.31.520, 43.31.525, 43.31.530, 43.31.540, 43.31.550, 43.31.560, 43.31.570, 43.31.580, 43.31.590, 43.31.620, 43.31.630, 43.31.640, 43.31.660, 43.31.670, 43.31.680, 43.31.690, 43.31.700, 43.31.710, 43.31.720, 43.31.730, 43.31.740, 43.31.750, 43.31.760, and 43.31.770 are each decodified.

NEW SECTION. Sec. 19. The following acts or parts of acts are each repealed:

(1) Section 43.31.070, chapter 8, Laws of 1965 and RCW 43.31.070;

(2) Section 43.31.170, chapter 8, Laws of 1965 and RCW 43.31.170;

(3) Section 43.31.180, chapter 8, Laws of 1965 and RCW 43.31.180;

(4) Section 1, chapter 93, Laws of 1972 ex. sess. and RCW 43.31.831;

(5) Section 10, chapter 148, Laws of 1965 and RCW 43.31.860;

(6) Section 5, chapter 70, Laws of 1977 ex. sess. and RCW 43.31.935;

(7) Section 2, chapter 197, Laws of 1979 ex. sess. and RCW 43.31.940;

(8) Section 3, chapter 197, Laws of 1979 ex. sess. and RCW 43.31.942;

(9) Section 4, chapter 197, Laws of 1979 ex. sess. and RCW 43.31.944;

(10) Section 5, chapter 197, Laws of 1979 ex. sess. and RCW 43.31.946;

(11) Section 6, chapter 197, Laws of 1979 ex. sess. and RCW 43.31.948;

(12) Section 2, chapter 197, Laws of 1983 and RCW 43.131.257; and

(13) Section 28, chapter 197, Laws of 1983 and RCW 43.131.258.

NEW SECTION. Sec. 20. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985.