RCW ch. 43.384 — Revised Code of Washington Chapter 43.384 RCW — Tourism Marketing Authority

RCW 43.384.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Authority" means the Washington tourism marketing authority created in RCW 43.384.020. (2) "Board" means the Washington tourism marketing authority board of directors. (3) "Department" means the department of commerce. (4) "Director" means the director of the department of commerce. (5) "Ratepayer oversight board" has the meaning defined in RCW 43.385.010. (6) "Statewide tourism marketing account" means the account created pursuant to RCW 43.384.040. [ 2026 c 229 s 14; 2018 c 275 s 2.] RCW 43.384.020 Established—Duties—Administrative assistance. (1) The Washington tourism marketing authority is established as a public body constituting an instrumentality of the state of Washington. (2) The authority is responsible for contracting for statewide tourism marketing services that promote tourism on behalf of the citizens of the state, and for managing the authority's financial resources. (3) The authority is responsible for administering a tourism assessment program as set forth in chapter 43.385 RCW. The authority's primary activities of administering government tax funds shall be governed by the authority. The authority's activities with respect to the tourism assessment program shall be governed by the ratepayer oversight board. (4) The department provides administrative assistance to the authority and serves as the fiscal agent of the authority for moneys appropriated for purposes of the authority until June 30, 2030. (5) The authority must create a private local account to receive nonstate funds and state funds, other than general fund state funds, contributed to the authority for purposes of this chapter. [ 2026 c 229 s 15; 2018 c 275 s 3.] RCW 43.384.030 Board of directors—Membership—Advisory committee—Procedures. (1) The authority must be governed by a board of directors. The board of directors must consist of: (a) Two members and two alternates from the house of representatives, with one member and one alternate appointed from each of the two major caucuses of the house of representatives by the speaker of the house of representatives; (b) Two members and two alternates from the senate, with one member and one alternate appointed from each of the two major caucuses of the senate by the president of the senate; and (c) Thirteen representatives of tourism businesses appointed by the governor as provided in this subsection (1)(c). Appointments by the governor must reflect diversity in geography, size of business, gender, and ethnicity. No county may have more than four appointments: (i) Eight members representing businesses paying the assessments ratified under RCW 43.385.050, and nominated by the ratepayer oversight board, except that the initial members shall be nominated by the tourism self-supported assessment advisory group created in section 3, chapter 189, Laws of 2025 and appointed by the authority; (ii) Two members representing tourism businesses subject to tourism assessments; (iii) Two members representing official state destination marketing organizations; and (iv) One member representing a trade association that represents businesses that are subject to tourism assessments. (2) There must be a nonvoting advisory committee to the board. The advisory committee must consist of: (a) One ex officio representative from the department, state parks and recreation commission, department of transportation, and other state agencies as the authority deems appropriate; and (b) One member from a federally recognized Indian tribe appointed by the director of the department. (3) All appointments must be for four years. (4) The board must select from its membership the chair of the board and such other officers as it deems appropriate. The chair of the board must be a member from the tourism industry or related businesses. (5) A majority of the board constitutes a quorum. (6) The board must create its own bylaws in accordance with the laws of the state of Washington. (7) Any member of the board may be removed for misfeasance, malfeasance, or willful neglect of duty after notice and a public hearing, unless the notice and hearing are expressly waived in writing by the affected member. (8) If a vacancy occurs on the board, a replacement must be appointed for the unexpired term. (9) The members of the board serve without compensation but are entitled to reimbursement, solely from the funds of the authority, for expenses incurred in the discharge of their duties. (10) The board must meet at least quarterly. (11) No board member of the authority may serve on the board of an organization that could be considered for a contract authorized under RCW 43.384.050. [ 2026 c 229 s 16; 2025 c 189 s 2; 2018 c 275 s 4.] NOTES: Finding— RCW 43.384.040 Statewide tourism marketing account—Matching funds. The statewide tourism marketing account is created in the state treasury. All receipts from tax revenues under RCW 82.08.225 and moneys collected pursuant to RCW 19.430.020 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for expenditures of the department that are related to implementation of a statewide tourism marketing program and operation of the authority. A one-to-one nonstate or state fund, other than general fund state, match must be provided for all expenditures from the account. A match may consist of nonstate or state fund, other than general fund state, cash contributions deposited in the private local account created under *RCW 43.384.020(4), the value of an advertising equivalency contribution, or an in-kind contribution. The board must determine criteria for what qualifies as an in-kind contribution. [ 2025 c 406 s 5; 2023 c 348 s 1; 2018 c 275 s 5.] NOTES: *Reviser's note: RCW 43.384.050 Use of funds. (1) From amounts appropriated to the department for the authority and from other moneys available to it, the authority may incur expenditures for any purpose specifically authorized by this chapter including: (a) Entering into a contract for a multiple year statewide tourism marketing plan with a statewide nonprofit organization whose sole purpose is marketing Washington to tourists. The contract must be equitably inclusive of diverse communities across the state, particularly tribal nations, rural communities, and population centers that historically have not been consulted in the development of destination marketing efforts by the state. The marketing plan must include, but is not limited to, historically and culturally unique communities and rural tourism-dependent counties, natural wonders and outdoor recreation opportunities of the state, including sustainable whale watching, attraction of international tourists, identification of local offerings for tourists, and assistance for tourism areas adversely impacted by natural disasters; (b) Contracting for the evaluation of the impact of the statewide tourism marketing program; and (c) Paying for administrative expenses of the authority, which may not exceed two percent of the state portion of funds collected in any fiscal year. (2) All nonstate moneys received by the authority under RCW 43.384.060 or otherwise provided to the authority for purposes of matching funding must be deposited in the authority's private local account created under *RCW 43.384.020(4) and are held in trust for uses authorized solely by this chapter. (3) "Sustainable whale watching" means an experience that includes whale watching from land or aboard a vessel that reduces the impact on whales, provides a recreational and educational experience, and motivates participants to care about marine mammals, the sea, and marine conservation. (4) "Tourism promotion" means programs, projects, and activities undertaken to advertise, market, encourage, and support travel to and within the state and to strengthen or improve the visitor economy, industry, communities, or regions, including but not limited to, and in accordance with policies adopted by the authority: (a) The establishment, issuance, effectuation, and administration of programs or projects for the advertising and promotion of tourism; (b) The establishment and implementation of market research, market development, and industry-specific educational projects intended to market, encourage, expand, and improve tourism in the state; (c) Direct or indirect investments in tourism events and programs and tourism destinations; (d) Hosting travel trade, tour operators, media, and other travel clients to stimulate tourism; (e) Leading or participating in state delegations to domestic and international trade shows, marketplaces, and sales missions; (f) Organizing and hosting statewide tourism conferences and industry convenings that rotate geographically to support businesses and communities; (g) Participating in events, meetings, and conferences to strengthen tourism partnerships and support industry stakeholders; (h) Developing and deploying photo, video, and other marketing content to ensure geographic representation and promote diverse destinations in statewide materials; (i) Promotional hosting, including the provision of travel-related and tourism-related goods and services for economic development and trade promotion purposes, when in the good-faith judgment of the authority such activities aid the marketing, advertising, or promotion of travel to and within the state; and (j) Payment for in-state, national, and international advertising and promotional campaigns. (5) The authority may incur expenditures for the purposes of section 3, chapter 189, Laws of 2025 until June 30, 2026. [ 2026 c 229 s 17; 2025 c 189 s 4; 2019 c 291 s 5; 2018 c 275 s 6.] NOTES: *Reviser's note: RCW 43.384.060 Receipt of gifts, grants authorized. The board may receive gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of the authority and spend gift, grants, or endowments or income from public or private sources according to their terms, unless the receipt of gifts, grants, or endowments violates RCW 29B.45.020. [ 2024 c 164 s 527; 2018 c 275 s 7.] NOTES: Intent— RCW 43.384.800 Evaluation by joint legislative audit and review committee. The joint legislative audit and review committee must conduct an evaluation of the performance of the authority created in chapter 43.384 RCW and report its findings and recommendations, in compliance with RCW 43.01.036, to the governor and the economic development committees of the senate and house of representatives by December 1, 2023. The purpose of the evaluation is to determine the extent to which the authority has contributed to the growth of the tourism industry and economic development of the state. An interim report by the authority, submitted in compliance with RCW 43.01.036, is due to the governor and economic development committees of the house of representatives and senate by December 1, 2021. The report must provide an update on the authority's progress in implementing a statewide tourism marketing program. [ 2018 c 275 s 11.] RCW 43.384.900 Findings—Purpose—2018 c 275. (1) The legislature finds that the tourism industry is the fourth largest economic sector in the state of Washington and provides general economic benefit to the state. Since 2011 there have been minimal general funds committed to statewide tourism marketing and Washington is the only state without a state-funded tourism marketing program. Before 2011, the amount of funds appropriated to statewide tourism marketing was not significant and, in fact, Washington ranked forty-eighth in state tourism funding. Washington has significant attractions and activities for tourists, including many natural outdoor assets that draw visitors to mountains, waterways, parks, and open spaces. There should be a program to publicize these assets and activities to potential out-of-state visitors that is implemented in an expeditious manner by tourism professionals in the private sector. (2) The purpose of chapter 275, Laws of 2018 is to establish the framework and funding for a statewide tourism marketing program. The program needs to have a structure that includes significant, stable, long-term funding, and it should be implemented and managed by the tourism industry. The source of funds should be from major sectors of the tourism industry with government assistance in collecting these funds and providing accountability for their expenditure. The dedicated sales tax authorized for contributions made in this chapter will bring direct benefits to those making contributions by bringing more tourists into the state who will patronize the participating businesses and create economic benefit for the state. [ 2018 c 275 s 1.] RCW 43.384.901 Short title. This chapter may be known and cited as the statewide tourism marketing act. [ 2018 c 275 s 8.]