BILL REQ. #:  S-0144.2 

Read first time 01/11/2007.   Referred to Committee on Economic Development, Trade & Management.

     AN ACT Relating to the state trade fair fund; amending RCW 43.31.800, 43.31.805, 43.31.810, 43.31.820, 43.31.830, 43.31.832, 43.31.840, and 43.31.850; and repealing RCW 43.31.833 and 43.31.834.

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

Sec. 1   RCW 43.31.800 and 1993 c 280 s 52 are each amended to read as follows:
     (("Director" as used in RCW 43.31.790)) For the purposes of RCW 43.31.805 through 43.31.850 ((and 67.16.100)), "director" means the director of community, trade, and economic development.

Sec. 2   RCW 43.31.805 and 1998 c 345 s 3 are each amended to read as follows:
     (1) The state trade fair fund is created in the custody of the state treasury. All moneys received by the department of community, trade, and economic development for the purposes of this fund shall be deposited into the fund. Expenditures from the fund may be used only for the purpose of assisting state international trade ((fairs)) fair organizations. Only the director ((of community, trade, and economic development)) or the director's designee may authorize expenditures from the fund. The fund is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.
     (2) The department may solicit charitable donations, gifts, or grants from private or public sources for deposit into the state trade fair fund.

Sec. 3   RCW 43.31.810 and 1987 c 195 s 5 are each amended to read as follows:
     For the purposes of RCW ((43.31.790)) 43.31.805 through 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: (1) 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; and (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. 4   RCW 43.31.820 and 1987 c 195 s 6 are each amended to read as follows:
     The board of trustees of any state international trade fair ((sponsored by any public agency)) organization, qualifying under the provisions of RCW ((43.31.790)) 43.31.805 through 43.31.850 ((and 67.16.100, as now or hereafter amended)), may apply to the director for moneys appropriated from the state trade fair fund as provided for in RCW 43.31.805, to: (1) Solicit the participation of Washington businesses in international trade fairs in the state and overseas; and (2) carry on the continued development as well as the operation of ((said)) a state international trade fair((, said money to be appropriated from the state trade fair fund as provided for in RCW 67.16.100, as now or hereafter amended)).

Sec. 5   RCW 43.31.830 and 1993 c 280 s 53 are each amended to read as follows:
     (1) It ((shall be)) is the duty of the director ((of community, trade, and economic development)) to certify, from the applications received, the state international trade fair organization or ((fairs)) organizations qualified and entitled to receive funds under RCW ((67.16.100)) 43.31.805, and under rules established by the director.
     (2) The director shall make annual allotments to state international trade ((fairs determined)) fair organizations that the director determines are qualified ((to be entitled)) to participate in the state trade fair fund and the director shall fix times for the division of and payment from the state trade fair fund((: PROVIDED, That)). However, total payment to any one state international trade fair ((shall)) organization may not exceed ((sixty)) one hundred thousand dollars in any one year, where participation or presentation occurs within the United States, and ((eighty)) one hundred fifty thousand dollars in any one year, where participation or presentation occurs outside the United States((: PROVIDED)). Further, ((That)) a state international trade fair organization may qualify for the full allotment of funds under either category. Upon certification of the allotment and division of fair funds by the director, the treasurer shall proceed to pay the same to carry out the purposes of RCW ((67.16.100)) 43.31.805.

Sec. 6   RCW 43.31.832 and 1985 c 466 s 34 are each amended to read as follows:
     Funds determined to be surplus funds by the director may be transferred from the state trade fair fund to the general fund upon the recommendation of the director and the state treasurer((: PROVIDED, That)). Notwithstanding any existing provision of law to the contrary, the director may also elect to expend up to one million dollars of ((such)) the surplus on foreign trade related activities((,)) including, but not limited to, promotion of investment, tourism, and foreign trade.

Sec. 7   RCW 43.31.840 and 1993 c 280 s 54 are each amended to read as follows:
     The director ((of community, trade, and economic development)) shall, at the end of each year for which an annual allotment has been made, conduct a post audit of all of the books and records of each state international trade fair ((participating in)) organization receiving moneys from the state trade fair fund. The purpose of such a post audit ((shall be)) is to determine how and to what extent each participating state international trade fair organization has expended all of its funds.
     The audit required by this section ((shall be)) is 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. 8   RCW 43.31.850 and 1987 c 195 s 9 are each amended to read as follows:
     ((State)) "International trade fair," as used in RCW ((43.31.790)) 43.31.805 through 43.31.840 ((and 67.16.100, as now or hereafter amended)), ((shall)) means a fair ((supported by public agencies basically)) conducted 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.

NEW SECTION.  Sec. 9   The following acts or parts of acts are each repealed:
     (1) RCW 43.31.833 (State trade fairs -- Transfer of surplus funds in state trade fair fund to general fund -- Construction) and 1987 c 195 s 8, 1985 c 466 s 35, & 1972 ex.s. c 93 s 3; and
     (2) RCW 43.31.834 (State trade fairs -- Transfer of surplus funds in state trade fair fund to general fund -- Construction) and 1985 c 466 s 36 & 1972 ex.s. c 93 s 4.