AN ACT Relating to governance in higher education; amending RCW 28B.10.020, 28B.20.130, 28B.30.150, 28B.35.120, 28B.40.120, 28B.50.140, and 43.131.260; adding a new chapter to Title 28B RCW; creating new sections; repealing RCW 28B.40.240 and 28B.40.244; providing effective dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. The council for higher education is created. For purposes of this chapter, "council" means the council for higher education.

NEW SECTION. Sec. 2. The council's primary function is policy-making, representing the broad public interest above the interests of the individual institutions, and it shall be responsible for:

(1) Providing a state-wide policy perspective for public higher education;

(2) Enhancing the quality of higher education;

(3) Establishing goals and developing plans;

(4) Assuring coordination and efficient use of the state's educational resources; and

(5) Making policy recommendations to the governor, the legislature, and the institutions of higher education.

NEW SECTION. Sec. 3. The council shall perform the following planning duties in consultation with the state's public four-year higher educational institutions, the community college system, and when appropriate the commission for vocational education and the independent higher educational institutions:

(1) Develop role and mission statements for each of the public four-year higher educational institutions and for the community college system;

(2) Identify the state's higher educational goals, objectives, and priorities;

(3) Prepare a state-wide plan including but not limited to:

(a) The state's higher educational needs;

(b) Recommendations on enrollment and other policies and actions to meet those needs;

(d) Policies on adult continuing education.

!ixThe plan shall be reviewed biennially. Comments on the plan from the council's advisory committees, the four-year institutions, and the community college system will be submitted with the plan. The initial plan shall be submitted to the legislature by December 1, 1987. The legislature shall approve the plan or recommend changes by concurrent resolution. Biennial revisions of the plan shall be submitted to the appropriate legislative policy committees for their review and recommendations;

(4) Review, evaluate, and make recommendations on operating and capital budget requests from individual four-year public institutions and the community college system, based on the elements outlined in subsections (1), (2), and (3) of this section. Recommendations shall be submitted to the office of financial management before October 15 of each even-numbered year beginning in 1986, and to the legislature by January 1 of each odd-numbered year beginning in 1987. Budget outlines identifying major components shall be submitted to the council no later than August 1 of each even-numbered year beginning in 1986; and

(5) Recommend legislation and budget priorities.

NEW SECTION. Sec. 4. The council shall have the following program responsibilities:

(1) Approve the creation of any new degree programs and prepare fiscal notes on any such programs;

(2) Review, evaluate, and make recommendations for the modification, consolidation, or elimination of on-campus programs;

(3) Review, evaluate, and approve, or modify, consolidate, or eliminate off-campus programs;

(4) Approve and adopt rules for the creation of higher education centers;

(5) Establish campus service areas and define on-campus and off-campus activities;

(6) Approve new owned or leased off-campus facilities; and

(7) Investigate, recommend, and encourage areas of specialization for public colleges and universities.

In the case of the community college system, these responsibilities may be delegated to the state board for community college education consistent with the policies and rules of the council.

NEW SECTION. Sec. 5. The council shall coordinate educational activities among all segments of higher education and shall have the following additional responsibilities:

(1) Promote interinstitutional cooperation;

(2) Establish guidelines for admissions to public four-year institutions of higher education;

(3) Develop and implement transfer policies;

(4) Develop rules implementing statutory residency requirements;

(5) Develop and administer reciprocity agreements with bordering states and with the province of British Columbia;

(6) Establish compensation guidelines for exempt employees;

(7) Monitor higher educational activities for compliance with state educational policies;

(8) Arbitrate disputes among public institutions of higher education at the request of one or more of the institutions involved or at the request of the governor or from a resolution adopted by the legislature. The decision of the council is binding on the participants in the dispute;

(9) Prepare and submit to the legislature a statistical summary on the condition of higher education by December 1 of each year; and

(10) Adopt rules for operating higher education consortia that involve public or public and independent postsecondary institutions.

NEW SECTION. Sec. 6. The council shall administer the programs set forth in the following statutes: Chapter 28A.58 RCW (Washington scholars); chapter 28B.04 RCW (displaced homemakers); chapter 28B.05 RCW (education registration); RCW 28B.10.210 through 28B.10.220 (blind students subsidy); RCW 28B.10.800 through 28B.10.824 (student financial aid program); RCW 28B.10.830 through 28B.10.836 (tuition supplement program); chapter 28B.12 RCW (work study); RCW 28B.15.067 through 28B.15.076 (educational costs for establishing tuition and fees); RCW 28B.15.543 (tuition waivers for Washington scholars); RCW 28B.15.760 through 28B.15.766 (math and science loans); RCW 28B.80.150 through 28B.80.170 (student exchange compact); RCW 28B.80.240 (student aid programs); and RCW 28B.80.210 (federal programs).

NEW SECTION. Sec. 7. The council shall consist of members who are representative of the public, including women and the ethnic minority community, and shall be selected as follows: Eight citizen members, one from each congressional district and three citizens at large, each appointed by the governor with the consent of the senate.

Council members are expected to consistently attend council meetings. The attendance records for council meetings shall be provided to the governor yearly, and the chairperson of the council shall ask the governor to remove any member who misses more than two meetings in any calendar year.

NEW SECTION. Sec. 8. The eleven citizen members of the council alone shall have the right to vote and decide by a simple majority all matters coming before the council.

NEW SECTION. Sec. 9. Citizen members of the council shall serve for terms of four years, said terms expiring on June 30th of the fourth year of their term except that in the case of initial members, two shall be appointed to one-year terms, three shall be appointed to two-year terms, three shall be appointed to three-year terms, and three shall be appointed to four-year terms. Council members may only be appointed for one additional term.

NEW SECTION. Sec. 10. The council shall employ a director and may delegate agency management to the director. The council for postsecondary education shall provide interim staffing upon request. The director shall serve at the pleasure of the council, shall be the executive officer of the council, and shall, under the council's supervision, administer the provisions of this chapter.

NEW SECTION. Sec. 11. The council shall establish advisory committees composed of members representing the faculty, administration, students, and trustees or regents, of the state institutions of higher education and the independent institutions of higher education.

NEW SECTION. Sec. 12. The council for postsecondary education is hereby abolished and its powers, duties, and functions are hereby transferred to the council for higher education. All references to the council for postsecondary education in the Revised Code of Washington shall be construed to mean the council for higher education.

NEW SECTION. Sec. 13. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the council for postsecondary education shall be delivered to the custody of the council for higher education. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the council for postsecondary education shall be made available to the council for higher education. All funds, credits, or other assets held by the council for postsecondary education shall be assigned to the council for higher education.

Any appropriations made to the council for postsecondary education shall, on the effective date of this section, be transferred and credited to the council for higher education.

Whenever 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.

NEW SECTION. Sec. 14. (1) All classified employees of the council for postsecondary education are transferred to the jurisdiction of the council for higher education. All employees classified under chapter 41.06 RCW, the state civil service law, or chapter 28B.16 RCW, the state higher education personnel law, are assigned to the council for higher education 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.

(2) All subordinate exempt staff of the council for postsecondary education are transferred to the council for higher education to perform their usual duties upon the same terms as formerly, and shall serve at the pleasure of the council or the director, if the authority is delegated to the director.

NEW SECTION. Sec. 15. All rules and all pending business before the council for postsecondary education shall be continued and acted upon by the council for higher education. All existing contracts and obligations shall remain in full force and shall be performed by the council for higher education.

NEW SECTION. Sec. 16. The transfer of the powers, duties, functions, and personnel of the council for postsecondary education shall not affect the validity of any act performed by such employee before the effective date of this section.

NEW SECTION. Sec. 17. If apportionments of budgeted funds are required because of the transfers directed by sections 13 through 16 of this act, 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.

NEW SECTION. Sec. 18. Nothing contained in sections 12 through 17 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 19. Section 28B.10.020, chapter 223, Laws of 1969 ex. sess. as amended by section 7, chapter 169, Laws of 1977 ex. sess. and RCW 28B.10.020 are each amended to read as follows:

The boards of regents of the University of Washington and Washington State University, respectively, and the boards of trustees of Central Washington University, Eastern Washington University, Western Washington University, and The Evergreen State College, respectively, shall have the power and authority to acquire by exchange, gift, purchase, lease, or condemnation in the manner provided by chapter 8.04 RCW for condemnation of property for public use, such lands, real estate and other property, and interests therein as they may deem necessary for the use of said institutions respectively. However, the use, lease, or purchase of facilities for off-campus centers or programs is subject to the authority of the council for higher education under section 4 of this 1985 act.

Sec. 20. Section 28B.10.050, chapter 223, Laws of 1969 ex. sess. as last amended by section 19, chapter 278, Laws of 1984 and RCW 28B.10.050 are each amended to read as follows:

Except as the legislature shall otherwise specifically direct, subject to the guidelines of the council for higher education under section 5 of this 1985 act, the boards of regents and the boards of trustees for the state universities, the regional universities, and The Evergreen State College may establish entrance requirements for their respective institutions of higher education that exceed the minimum entrance requirements established under RCW 28B.10.045.

NEW SECTION. Sec. 21. Section 20 of this act shall take effect July 1, 1986.

Sec. 22. Section 28B.20.130, chapter 223, Laws of 1969 ex. sess. as amended by section 20, chapter 75, Laws of 1977 and RCW 28B.20.130 are each amended to read as follows:

General powers and duties of the board of regents are as follows:

(1) To have full control of the university and its property of various kinds.

(2) To employ the president of the university, his assistants, members of the faculty, and employees of the institution, who except as otherwise provided by law, shall hold their positions during the pleasure of said board of regents.

(3) Establish entrance requirements for students seeking admission to the university subject to the guidelines of the council for higher education under section 5 of this 1985 act. Completion of examinations satisfactory to the university may be a prerequisite for entrance by any applicant at the university's discretion. Evidence of completion of public high schools and other educational institutions whose courses of study meet the approval of the university may be acceptable for entrance.

(4) Establish such colleges, schools or departments necessary to carry out the purpose of the university and not otherwise proscribed by law.

(5) With the assistance of the faculty of the university and subject to the approval of the council for higher education under section 4 of this 1985 act, prescribe the course of study in the various colleges, schools and departments of the institution and publish the necessary catalogues thereof.

(6) Grant to students such certificates or degrees as recommended for such students by the faculty. The board, upon recommendation of the faculty, may also confer honorary degrees upon persons other than graduates of this university in recognition of their learning or devotion to literature, art or science: PROVIDED, That no degree shall ever be conferred in consideration of the payment of money or the giving of property of whatsoever kind.

(7) Accept such gifts, grants, conveyances, bequests and devises, whether real or personal property, or both, in trust or otherwise, for the use or benefit of the university, its colleges, schools, departments, or agencies; and sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof except as limited by the terms of said gifts, grants, conveyances, bequests and devises. The board shall adopt proper rules to govern and protect the receipt and expenditure of the proceeds of all fees, and the proceeds, rents, profits and income of all gifts, grants, conveyances, bequests and devises above-mentioned, and shall make full report of the same in the customary biennial report to the governor and members of the legislature, or more frequently if required by law: PROVIDED, HOWEVER, That nothing herein contained shall be construed to repeal, amend or in any way modify any of the provisions of RCW 28B.20.380.

(8) Except as otherwise provided by law, to enter into such contracts as the regents deem essential to university purposes.

(9) To submit upon request such reports as will be helpful to the governor and to the legislature in providing for the institution.

Sec. 23. Section 28B.30.150, chapter 223, Laws of 1969 ex. sess. as last amended by section 21, chapter 75, Laws of 1977 and RCW 28B.30.150 are each amended to read as follows:

The regents of Washington State University, in addition to other duties prescribed by law, shall:

(1) Have full control of the university and its property of various kinds.

(2) Employ the president of the university, his assistants, members of the faculty, and employees of the university, who, except as otherwise provided by law, shall hold their positions during the pleasure of said board of regents.

(3) Establish entrance requirements for students seeking admission to the university subject to the guidelines of the council for higher education under section 5 of this 1985 act. Completion of examinations satisfactory to the university may be a prerequisite for entrance by any applicant, at the university's discretion. Evidence of completion of public high schools and other educational institutions whose courses of study meet the approval of the university may be acceptable for entrance.

(4) Establish such colleges, schools or departments necessary to carry out the purpose of the university and not otherwise proscribed by law.

(5) With the assistance of the faculty of the university and subject to the approval of the council for higher education under section 4 of this 1985 act, prescribe the courses of instruction in the various colleges, schools and departments of the institution and publish the necessary catalogues thereof.

(6) Collect such information as the board deems desirable as to the schemes of technical instruction adopted in other parts of the United States and foreign countries.

(7) Provide for holding agricultural institutes including farm marketing forums.

(8) Provide that instruction given in the university, as far as practicable, be conveyed by means of laboratory work and provide in connection with the university one or more physical, chemical, and biological laboratories, and suitably furnish and equip the same.

(9) Provide training in military tactics for those students electing to participate therein.

(10) Establish a department of elementary science and in connection therewith provide instruction in elementary mathematics, including elementary trigonometry, elementary mechanics, elementary and mechanical drawing and land surveying.

(11) Establish a department of agriculture and in connection therewith provide instruction in physics with special application of its principles to agriculture, chemistry with special application of its principles to agriculture, morphology and physiology of plants with special reference to common grown crops and fungus enemies, morphology and physiology of the lower forms of animal life, with special reference to insect pests, morphology and physiology of the higher forms of animal life and in particular of the horse, cow, sheep and swine, agriculture with special reference to the breeding and feeding of livestock and the best mode of cultivation of farm produce, and mining and metallurgy, appointing demonstrators in each of these subjects to superintend the equipment of a laboratory and to give practical instruction therein.

(12) Establish agricultural experiment stations in connection with the department of agriculture, including at least one in the western portion of the state, and appoint the officers and prescribe regulations for their management.

(13) Grant to students such certificates or degrees, as recommended for such students by the faculty.

(14) Confer honorary degrees upon persons other than graduates of the university in recognition of their learning or devotion to literature, art or science when recommended thereto by the faculty: PROVIDED, That no degree shall ever be conferred in consideration of the payment of money or the giving of property of whatsoever kind.

(15) Adopt plans and specifications for university buildings and facilities or improvements thereto and employ skilled architects and engineers to prepare such plans and specifications and supervise the construction of buildings or facilities which the board is authorized to erect, and fix the compensation for such services. The board shall enter into contracts with one or more contractors for such suitable buildings, facilities or improvements as the available funds will warrant, upon the most advantageous terms offered at a public competitive letting, pursuant to public notice under regulations established by the board. The board shall require of all persons with whom they contract for construction and improvements a good and sufficient bond for the faithful performance of the work and full protection against all liens.

(16) Except as otherwise provided by law, direct the disposition of all money appropriated to or belonging to the state university.

(17) Receive and expend the money appropriated under the act of congress approved May 8, 1914, entitled "An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of the Act of Congress approved July 2, 1862, and Acts supplemental thereto and the United States Department of Agriculture" and organize and conduct agricultural extension work in connection with the state university in accordance with the terms and conditions expressed in the acts of congress.

(18) Except as otherwise provided by law, to enter into such contracts as the regents deem essential to university purposes.

(19) Acquire by lease, gift, or otherwise, lands necessary to further the work of the university or for experimental or demonstrational purposes.

(20) Establish and maintain at least one agricultural experiment station in an irrigation district to conduct investigational work upon the principles and practices of irrigational agriculture including the utilization of water and its relation to soil types, crops, climatic conditions, ditch and drain construction, fertility investigations, plant disease, insect pests, marketing, farm management, utilization of fruit byproducts and general development of agriculture under irrigation conditions.

(21) Supervise and control the agricultural experiment station at Puyallup.

(22) Establish and maintain at Wenatchee an agricultural experiment substation for the purpose of conducting investigational work upon the principles and practices of orchard culture, spraying, fertilization, pollenization, new fruit varieties, fruit diseases and pests, byproducts, marketing, management and general horticultural problems.

(23) Accept such gifts, grants, conveyances, devises and bequests, whether real or personal property, in trust or otherwise, for the use or benefit of the university, its colleges, schools or departments; and sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof except as limited by the terms of said gifts, grants, conveyances, bequests and devises; adopt proper rules to govern and protect the receipt and expenditure of the proceeds of all fees, and the proceeds, rents, profits and income of all gifts, grants, conveyances, bequests and devises, and make full report thereof in a biennial report to the governor and members of the legislature.

(24) Construct when the board so determines a new foundry and a mining, physical, technological building and fabrication shop at the university, or add to the present foundry and other buildings, in order that both instruction and research be expanded to include permanent molding and die casting with a section for new fabricating techniques, especially for light metals, including magnesium and aluminum; purchase equipment for the shops and laboratories in mechanical, electrical, and civil engineering; establish a pilot plant for the extraction of alumina from native clays and other possible light metal research; purchase equipment for a research laboratory for technological research generally; and purchase equipment for research in electronics, instrumentation, energy sources, plastics, food technology, mechanics of materials, hydraulics and similar fields.

(25) Make and transmit to the governor and members of the legislature upon request such reports as will be helpful in providing for the institution.

Sec. 24. Section 48, chapter 169, Laws of 1977 ex. sess. and RCW 28B.35.120 are each amended to read as follows:

In addition to any other powers and duties prescribed by law, each board of trustees of the respective regional universities:

(1) Shall have full control of the regional university and its property of various kinds.

(2) Shall employ the president of the regional university, his assistants, members of the faculty, and other employees of the institution, who, except as otherwise provided by law, shall hold their positions, until discharged therefrom by the board for good and lawful reason.

(3) With the assistance of the faculty of the regional university and subject to the approval of the council for higher education under section 4 of this 1985 act, shall prescribe the course of study in the various schools and departments thereof and publish such catalogues thereof as the board deems necessary: PROVIDED, That the state board of education shall determine the requisites for and give program approval of all courses leading to teacher certification by such board.

(4) Establish such divisions, schools or departments necessary to carry out the purposes of the regional university and not otherwise proscribed by law.

(5) Except as otherwise provided by law, may establish and erect such new facilities as determined by the board to be necessary for the regional university.

(6) May acquire real and other property as provided in RCW 28B.10.020, as now or hereafter amended.

(7) Except as otherwise provided by law, may purchase all supplies and purchase or lease equipment and other personal property needed for the operation or maintenance of the regional university.

(8) May establish, lease, operate, equip and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through 28B.10.330, as now or hereafter amended.

(9) Except as otherwise provided by law, to enter into such contracts as the trustees deem essential to regional university purposes.

(10) May receive such gifts, grants, conveyances, devises and bequests of real or personal property from whatsoever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the regional university programs; sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof except as limited by the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof.

(11) May promulgate such rules and regulations, and perform all other acts not forbidden by law, as the board of trustees may in its discretion deem necessary or appropriate to the administration of the regional university.

Sec. 25. Section 28B.40.120, chapter 223, Laws of 1969 ex. sess. as amended by section 68, chapter 169, Laws of 1977 ex. sess. and RCW 28B.40.120 are each amended to read as follows:

In addition to any other powers and duties prescribed by law, the board of trustees of The Evergreen State College:

(1) Shall have full control of the state college and its property of various kinds.

(2) Shall employ the president of the state college, his assistants, members of the faculty, and other employees of the institution, who, except as otherwise provided by law, shall hold their positions, until discharged therefrom by the board for good and lawful reason.

(3) With the assistance of the faculty of the state college and subject to the approval of the council for higher education under section 4 of this 1985 act, shall prescribe the course of study in the various schools and departments thereof and publish such catalogues thereof as the board deems necessary: PROVIDED, That the state board of education shall determine the requisites for and give program approval of all courses leading to teacher certification by such board.

(4) Establish such divisions, schools or departments necessary to carry out the purposes of the college and not otherwise proscribed by law.

(5) Except as otherwise provided by law, may establish and erect such new facilities as determined by the board to be necessary for the college.

(6) May acquire real and other property as provided in RCW 28B.10.020, as now or hereafter amended.

(7) Except as otherwise provided by law, may purchase all supplies and purchase or lease equipment and other personal property needed for the operation or maintenance of the college.

(8) May establish, lease, operate, equip and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through 28B.10.330, as now or hereafter amended.

(9) Except as otherwise provided by law, to enter into such contracts as the trustees deem essential to college purposes.

(10) May receive such gifts, grants, conveyances, devises and bequests of real or personal property from whatsoever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the college programs; sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof except as limited by the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof.

Sec. 26. Section 6, chapter 14, Laws of 1979 as last amended by section 3, chapter 246, Laws of 1981 and RCW 28B.50.140 are each amended to read as follows:

Each community college board of trustees:

(1) Shall operate all existing community colleges and vocational-technical institutes in its district;

(2) Shall create comprehensive programs of community college education and training and maintain an open-door policy in accordance with the provisions of RCW 28B.50.090(3);

(3) Shall employ for a period to be fixed by the board a college president for each community college, a director for each vocational-technical institute or school operated by a community college, a district president, if deemed necessary by the board, in the event there is more than one college and/or separated institute or school located in the district, members of the faculty and such other administrative officers and other employees as may be necessary or appropriate and fix their salaries and duties;

(4) May establish, under the approval and direction of the college board, new facilities as community needs and interests demand;

(5) May establish or lease, operate, equip and maintain dormitories, food service facilities, bookstores and other self-supporting facilities connected with the operation of the community college;

(6) May, with the approval of the college board, borrow money and issue and sell revenue bonds or other evidences of indebtedness for the construction, reconstruction, erection, equipping with permanent fixtures, demolition and major alteration of buildings or other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances, for dormitories, food service facilities, and other self-supporting facilities connected with the operation of the community college in accordance with the provisions of RCW 28B.10.300 through 28B.10.330 where applicable;

(7) May establish fees and charges for the facilities authorized hereunder, including reasonable rules and regulations for the government thereof, not inconsistent with the rules and regulations of the college board; each board of trustees operating a community college may enter into agreements, subject to rules and regulations of the college board, with owners of facilities to be used for housing regarding the management, operation, and government of such facilities, and any board entering into such an agreement may:

(a) Make rules and regulations for the government, management and operation of such housing facilities deemed necessary or advisable; and

(b) Employ necessary employees to govern, manage and operate the same;

(8) May receive such gifts, grants, conveyances, devises and bequests of real or personal property from private sources, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the community college programs as specified by law and the regulations of the state college board; sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof;

(9) May establish and maintain night schools whenever in the discretion of the board of trustees it is deemed advisable, and authorize classrooms and other facilities to be used for summer or night schools, or for public meetings and for any other uses consistent with the use of such classrooms or facilities for community college purposes;

(10) May make rules and regulations for pedestrian and vehicular traffic on property owned, operated, or maintained by the community college district;

(11) Shall prescribe, with the assistance of the faculty, subject to the approval of the council for higher education under section 4 of this 1985 act the course of study in the various departments of the community college or colleges under its control, and publish such catalogues and bulletins as may become necessary;

(12) May grant to every student, upon graduation or completion of a course of study, a suitable diploma, nonbaccalaureate degree or certificate;

(13) Shall enforce the rules and regulations prescribed by the state board for community college education for the government of community colleges, students and teachers, and promulgate such rules and regulations and perform all other acts not inconsistent with law or rules and regulations of the state board for community college education as the board of trustees may in its discretion deem necessary or appropriate to the administration of community college districts: PROVIDED, That such rules and regulations shall include, but not be limited to, rules and regulations relating to housing, scholarships, conduct at the various community college facilities, and discipline: PROVIDED, FURTHER, That the board of trustees may suspend or expel from community colleges students who refuse to obey any of the duly promulgated rules and regulations;

(14) May, by written order filed in its office, delegate to the president or district president any of the powers and duties vested in or imposed upon it by this chapter. Such delegated powers and duties may be exercised in the name of the district board;

(15) May perform such other activities consistent with this chapter and not in conflict with the directives of the college board;

(16) Notwithstanding any other provision of law, may offer educational services on a contractual basis other than the tuition and fee basis set forth in chapter 28B.15 RCW for a special fee to private or governmental entities, consistent with rules and regulations adopted by the state board for community college education: PROVIDED, That the whole of such special fee shall go to the college district and be not less than the full instructional costs of such services: PROVIDED FURTHER, That enrollments generated hereunder shall not be counted toward the official enrollment level of the college district for state funding purposes;

(17) Notwithstanding any other provision of law, may offer educational services on a contractual basis, charging tuition and fees as set forth in chapter 28B.15 RCW, counting such enrollments for state funding purposes, and may additionally charge a special supplemental fee when necessary to cover the full instructional costs of such services: PROVIDED, That such contracts shall be subject to review by the state board for community college education and to such rules as the state board may adopt for that purpose in order to assure that the sum of the supplemental fee and the normal state funding shall not exceed the projected total cost of offering the educational service: PROVIDED FURTHER, That enrollments generated by courses offered on the basis of contracts requiring payment of a share of the normal costs of the course will be discounted to the percentage provided by the college;

(18) Shall be authorized to pay dues to any association of trustees that may be formed by the various boards of trustees; such association may expend any or all of such funds to submit biennially, or more often if necessary, to the governor and to the legislature, the recommendations of the association regarding changes which would affect the efficiency of such association; and

(19) Shall perform any other duties and responsibilities imposed by law or rule and regulation of the state board.

Sec. 27. Section 29, chapter 197, Laws of 1983 and RCW 43.131.260 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,~~)) January 1, 1986:

(1) Section 1, chapter 277, Laws of 1969 ex. sess., section 1, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.010;

(2) Section 2, chapter 277, Laws of 1969 ex. sess. section 2, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.020;

(3) Section 3, chapter 277, Laws of 1969 ex. sess., section 3, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.030;

(4) Section 2, chapter 201, Laws of 1977 ex. sess. and RCW 28B.80.035;

(5) Section 4, chapter 277, Laws of 1969 ex. sess., section 4, chapter 132, Laws of 1975 1st ex. sess., section 43, chapter 169, Laws of 1977 ex. sess. and RCW 28B.80.040;

(6) Section 5, chapter 277, Laws of 1969 ex. sess. and RCW 28B.80.050;

(7) Section 6, chapter 277, Laws of 1969 ex. sess., section 5, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.060;

(8) Section 7, chapter 277, Laws of 1969 ex. sess. and RCW 28B.80.070;

(9) Section 9, chapter 277, Laws of 1969 ex. sess., section 6, chapter 132, Laws of 1975 1st ex. sess., section 22, chapter 151, Laws of 1979 and RCW 28B.80.080; and

(10) Section 10, chapter 277, Laws of 1969 ex. sess. and RCW 28B.80.090((;

~~(11) Section 12, chapter 277, Laws of 1969 ex. sess., section 77, chapter 34, Laws of 1975-'76 2nd ex. sess. and RCW 28B.80.110;~~

~~(12) Section 13, chapter 277, Laws of 1969 ex. sess. and RCW 28B.80.120;~~

~~(13) Section 1, chapter 4, Laws of 1974 ex. sess. and RCW 28B.80.130;~~

~~(14) Section 2, chapter 4, Laws of 1974 ex. sess. and RCW 28B.80.140;~~

~~(15) Section 3, chapter 4, Laws of 1974 ex. sess. and RCW 28B.80.150;~~

~~(16) Section 4, chapter 4, Laws of 1974 ex. sess. and RCW 28B.80.160;~~

~~(17) Section 5, chapter 4, Laws of 1974 ex. sess. and RCW 28B.80.170;~~

~~(18) Section 9, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.200;~~

~~(19) Section 12, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.210;~~

~~(20) Section 13, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.220;~~

~~(21) Section 14, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.230;~~

~~(22) Section 15, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.240;~~

~~(23) Section 27, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.80.250;~~

~~(24) Section 28, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.80.260;~~

~~(25) Section 29, chapter 53, Laws of 1982 1st ex. sess. and RCW 28B.80.270;~~

~~(26) Section 14, chapter 277, Laws of 1969 ex. sess., section 10, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.900; and~~

~~(27) Section 15, chapter 277, Laws of 1969 ex. sess. and RCW 28B.80.910~~)).

NEW SECTION. Sec. 28. The following acts or parts of acts are each repealed:

(1) Section 2, chapter 78, Laws of 1979 ex. sess. and RCW 28B.40.240; and

(2) Section 3, chapter 78, Laws of 1979 ex. sess. and RCW 28B.40.244.

NEW SECTION. Sec. 29. Sections 1 through 11 of this act shall constitute a new chapter in Title 28B RCW.

NEW SECTION. Sec. 30. Sections 1, 7, 8, 9 and 10 are 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 immediately.

NEW SECTION. Sec. 31. Sections 2 through 6, 11 through 19, and 22 through 28 of this act shall take effect January 1, 1986.