AN ACT Relating to Washington State University and Eastern Washington University; adding new sections to chapter 28B.30 RCW; adding new sections to chapter 28B.35 RCW; adding a new chapter to Title 28B RCW; creating new sections; repealing RCW 28B.30.100, 28B.30.125, 28B.30.135, 28B.30.140, and 28B.30.150; and providing an effective date.

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

NEW SECTION. Sec. 1. All powers, duties, and functions of the board of regents of Washington State University and the board of trustees of Eastern Washington University are transferred to the board of regents of Washington State and Eastern Washington Universities created under section 8 of this act.

NEW SECTION. Sec. 2. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the board of regents of Washington State University and the board of trustees of Eastern Washington University shall be delivered to the custody of the board of regents of Washington State and Eastern Washington Universities. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the board of regents of Washington State University and the board of trustees of Eastern Washington University shall be made available to the board of regents of Washington State and Eastern Washington Universities. All funds, credits, or other assets held by the board of regents of Washington State University and the board of trustees of Eastern Washington University shall be assigned to the board of regents of Washington State and Eastern Washington Universities.

Any appropriations made to the board of regents of Washington State University and the board of trustees of Eastern Washington University shall, on the effective date of this act, be transferred and credited to the board of regents of Washington State and Eastern Washington Universities.

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 by the board of regents of Washington State University and the board of trustees of Eastern Washington University, 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. 3. All employees of the board of regents of Washington State University and the board of trustees of Eastern Washington University are transferred to the jurisdiction of the board of regents of Washington State and Eastern Washington Universities 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 of this state.

NEW SECTION. Sec. 4. All rules and all pending business before the board of regents of Washington State University and the board of trustees of Eastern Washington University shall be continued and acted upon by the board of regents of Washington State and Eastern Washington Universities. All existing contracts and obligations shall remain in full force and shall be performed by the board of regents of Washington State and Eastern Washington Universities.

NEW SECTION. Sec. 5. The transfer of the powers, duties, functions, and personnel of the board of regents of Washington State University and the board of trustees of Eastern Washington University shall not affect the validity of any act performed by such employee prior to the effective date of this act.

NEW SECTION. Sec. 6. If apportionments of budgeted funds are required because of the transfers directed by sections 2 through 5 of this act, the director of financial management shall certify the apportionments to the boards 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. 7. Nothing contained in sections 1 through 6 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.

NEW SECTION. Sec. 8. The board of regents of Washington State and Eastern Washington Universities is created. The governance of Washington State University and Eastern Washington University shall be vested in a board of regents to consist of nine members. They shall be appointed by the governor, by and with the consent of the senate and shall hold their offices for a term of six years from the first day of October and until their successors are appointed and qualified. However, the members of the board on the effective date of this act shall consist of all the members of the board of regents of Washington State University and the members of the board of trustees of Eastern Washington University on the effective date of this act and the number shall be reduced to nine members by or before October 1, 1987. A majority of the members of said board shall constitute a quorum for the transaction of business. In the case of a vacancy or when an appointment is made after the date of the expiration of a term, the governor shall fill the vacancy for the remainder of the term of the regent whose office has become vacant or expired.

No more than the terms of two members shall expire simultaneously on the last day of September in any one year.

Each regent shall, before entering upon the discharge of his or her respective duties as such, execute a good and sufficient bond to the state of Washington, with two or more sufficient sureties, residents of the state, or with a surety company licensed to do business within the state, in the penal sum of not less than five thousand dollars, conditioned for the faithful performance of the duties as regent. The universities shall pay any fees incurred for any such bonds for their board members.

NEW SECTION. Sec. 9. The board of regents shall meet and organize by the election of a president from their own number on or as soon as practicable after the first Wednesday in April of each year.

The board president shall be the chief executive officer of the board and shall preside at all meetings thereof, except that in the board president's absence, the board may appoint a chairperson pro tempore. The board president shall sign all instruments required to be executed by said board other than those for the disbursement of funds.

The board may adopt bylaws for its own organizational purposes and enact laws for the government of Washington State and Eastern Washington Universities and their properties.

NEW SECTION. Sec. 10. Employees or members of the board of regents shall not be interested pecuniarily, either directly or indirectly, in any contract for any building or improvement at Washington State or Eastern Washington Universities, or for the furnishing of supplies for the same.

NEW SECTION. Sec. 11. The regents of Washington State and Eastern Washington Universities, in addition to other duties prescribed by law, shall:

(1) Have full control of the universities and their property of various kinds;

(2) Employ the president of each university, the president's 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 the board of regents;

(3) Ensure cooperation between Washington State and Eastern Washington Universities and a coordinated and efficient use of state resources;

(4) Establish entrance requirements for students seeking admission to each university. Completion of examinations satisfactory to each university may be a prerequisite for entrance by any applicant, at each university's discretion. Evidence of completion of public high schools and other educational institutions whose courses of study meet the approval of each university may be acceptable for entrance;

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

(6) With the assistance of the faculty of each university, prescribe the courses of instruction in the various colleges, schools and departments of the institution and publish the necessary catalogues. The state board of education shall determine the requisites for and give program approval of all courses leading to teacher certification by the board;

(7) 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;

(8) Provide for holding agricultural institutes including farm marketing forums;

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

(10) At Washington State University provide training in military tactics for those students electing to participate;

(11) Establish at Washington State University 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;

(12) Establish at Washington State University a department of agriculture and in connection with the department 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;

(13) Establish agricultural experiment stations in connection with the department of agriculture at Washington State University, including at least one in the western portion of the state, and appoint the officers and prescribe rules for their management;

(14) Grant to students the certificates or degrees, as recommended for the students by the faculty of each university;

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

(16) Adopt plans and specifications for each university's buildings and facilities or improvements thereto and employ skilled architects and engineers to prepare plans and specifications and supervise the construction of buildings or facilities which the board is authorized to erect, and fix the compensation for the services. The board shall enter into contracts with one or more contractors for 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 rules 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;

(17) Except as otherwise provided by law, direct the disposition of all money appropriated to or belonging to each university;

(18) 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 Washington State University in accordance with the terms and conditions expressed in the acts of congress;

(19) Except as otherwise provided by law, to enter into such contracts as the regents deem essential to each university's purposes;

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

(21) 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;

(22) Supervise and control the agricultural experiment station at Puyallup;

(23) 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;

(24) Accept gifts, grants, conveyances, devises and bequests, whether real or personal property, in trust or otherwise, for the use or benefit of each university and their 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 reports biennially to the governor and members of the legislature;

(25) Construct when the board so determines a new foundry and a mining, physical, technological building and fabrication shop at Washington State 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;

(26) Encourage faculty and program coordination and cooperation between Washington State University and Eastern Washington University; and

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

NEW SECTION. Sec. 12. Washington State and Eastern Washington Universities shall establish a joint center for higher education by January 1, 1986.

NEW SECTION. Sec. 13. The joint center for higher education shall administer all programs offered in the Spokane area by Washington State and Eastern Washington Universities, except the center shall not be responsible for administering the courses on the campus of Eastern Washington University at Cheney and the intercollegiate center for nursing education.

NEW SECTION. Sec. 14. The joint center for higher education shall be administered by a board consisting of two representatives of Eastern Washington University and two representatives of Washington State University appointed by the presidents of the respective schools and one citizen residing in Spokane county, who shall be chosen by the other board members. Each of the five members shall have one vote. The members shall select a chairperson. A majority of the voting members shall constitute a quorum for conducting business. One representative of the community colleges in the Spokane area selected by the community college district shall serve as a nonvoting member of the board.

NEW SECTION. Sec. 15. The board of the joint center shall hire a director and may hire other staff as necessary to carry out its duties. The director shall have the status of resident dean at the center and of dean at both Washington State and Eastern Washington Universities.

NEW SECTION. Sec. 16. A new section is added to chapter 28B.30 RCW to read as follows:

Washington State University shall be governed by the board of regents under chapter 28B.-- RCW (sections 8 through 15 of this act).

NEW SECTION. Sec. 17. A new section is added to chapter 28B.30 RCW to read as follows:

As used in this chapter and title all references to the board of regents of Washington State University shall mean the board of regents of Washington State and Eastern Washington Universities.

NEW SECTION. Sec. 18. A new section is added to chapter 28B.35 RCW to read as follows:

Eastern Washington University shall be governed by the board of regents under chapter 28B.-- RCW (sections 8 through 15 of this act).

NEW SECTION. Sec. 19. A new section is added to chapter 28B.35 RCW to read as follows:

As used in this chapter and title all references to the boards of trustees of the regional universities shall mean the boards of trustees of Central Washington and Western Washington Universities and the board of regents of Washington State and Eastern Washington Universities and all references to the board of trustees of Eastern Washington University shall mean the board of regents of Washington State and Eastern Washington Universities.

NEW SECTION. Sec. 20. The following acts or parts of acts are each repealed:

(1) Section 28B.30.100, chapter 223, Laws of 1969 ex. sess., section 10, chapter 62, Laws of 1973, section 3, chapter 103, Laws of 1979 ex. sess. and RCW 28B.30.100;

(2) Section 28B.30.125, chapter 223, Laws of 1969 ex. sess. and RCW 28B.30.125;

(3) Section 28B.30.135, chapter 223, Laws of 1969 ex. sess. and RCW 28B.30.135;

(4) Section 28B.30.140, chapter 223, Laws of 1969 ex. sess. and RCW 28B.30.140; and

(5) Section 28B.30.150, chapter 223, Laws of 1969 ex. sess, section 47, chapter 154, Laws of 1973 1st ex. sess., section 21, chapter 75, Laws of 1977 and RCW 28B.30.150.

NEW SECTION. Sec. 21. Sections 8 through 15 of this act shall constitute a new chapter in Title 28B RCW.

NEW SECTION. Sec. 22. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 23. This act shall take effect October 1, 1985. Eastern Washington University, Washington State University, and the governor may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.