Z-729                 _______________________________________________

 

                                                    HOUSE BILL NO. 581

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representatives Grimm, Betrozoff, Sommers and P. King; by Temporary Committee on Educational Policies, Structure & Management request

 

 

Read first time 2/6/85 and referred to Committee on Higher Education.

 

 


AN ACT Relating to vocational education; amending RCW 18.106.040, 19.28.510, 19.28.530, 28B.04.080, 28B.05.030, 28B.05.050, 28B.05.130, 28B.50.090, 28B.80.040, 28B.80.060, 28C.04.020, 28C.04.060, 28C.04.070, 28C.04.080, 28C.04.310, 28C.04.410, 28C.04.420, 28C.04.430, 28C.04.440, 28C.04.460, 28C.04.470, 28C.04.530, 28C.04.535, 28C.04.540, 28C.04.550, 28C.50.010, 28C.50.050, 28C.51.010, 28C.51.050, 43.03.028, 43.131.287, 49.04.010, 49.04.030, and 50.38.030; adding a new section to chapter 28B.50 RCW; adding new sections to chapter 28C.04 RCW; creating a new section; recodifying RCW 28C.50.010, 28C.50.050, 28C.51.010, 28C.51.050, 28C.50.020, 28C.50.030, 28C.50.040, 28C.50.060, 28C.50.900, 28C.51.020, 28C.51.030, 28C.51.040, and 28C.51.060; decodifying RCW 28C.04.500 and 28C.04.510; repealing RCW 28C.04.030, 28C.04.040, 28C.04.050, 28C.04.090, 28C.04.140, 28C.04.150, and 43.131.288; providing an effective date; and declaring an emergency.

 

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

 

          NEW SECTION.  Sec. 1.     The legislature finds that there is need for an improved system for coordination and planning directed to improving the quality and availability of vocational education and training in the secondary and postsecondary sectors.  A state board for vocational education is necessary to provide clear planning, program approval, needs assessment, review authority, and assistance and service to providers.

 

          NEW SECTION.  Sec. 2.     The commission for vocational education is redesignated the state board for vocational education.

 

          NEW SECTION.  Sec. 3.     The state board for vocational education shall be comprised of nine citizen members appointed by the governor, each of whom shall be a voting member.  In making appointments, the governor shall give consideration to members' representation of the various regions of the state and their knowledge of the needs and interests of business, agriculture, management, and labor.

          The citizen members of the commission for vocational education on July 1, 1985, shall serve out their terms as members of the state board for vocational education.  The governor shall appoint the additional four citizen members to staggered terms.  Thereafter, all members shall serve for six years.  No member is eligible to serve who is also a member of a state or local educational agency, board, council, or commission, or who is employed by a common school or institution of postsecondary education.

          Five members shall constitute a quorum, and no action may be taken by less than a simple majority of affirmative votes.

 

          NEW SECTION.  Sec. 4.     The board shall have the following powers and duties and perform the following functions:

          (1) Conduct comprehensive needs assessments to determine present and future economic and vocational education needs in the state of Washington.  Such assessments shall include but not be limited to needs for vocational training in the state and in particular geographic areas according to job type, enhancing the economic system, the basic and continuing education needs of selected age groups, business, industrial, agricultural, and other needs for job entry, retraining, and continuing education, analyses of demographic, social, and economic trends to project current and possible future vocational education needs, consideration of the special needs of minorities, women, and the handicapped, the patterns of vocational enrollment in the secondary and postsecondary systems and the flow of students between these, the need for cooperative or contractual arrangements to provide specific types of training in underserved areas, and such other information and data as may be necessary to provide a substantive assessment of the vocational education needs of the state.

          (2) Engage in overall planning for vocational education in Washington.  The board's planning process shall culminate in the form of a plan for vocational education or a series of planning recommendations, as the board determines.  The plan or planning recommendations shall meet any federal requirements for such a document under the vocational educational act of 1963, as amended, and shall address the economic and employment needs of the state to be served by vocational education, contain an assessment of how these needs are being and should be met, define priorities among these needs, and specify the resources necessary to meet them.  In its planning, the board shall consider but not be limited to policies concerning cooperative and consortial arrangements for delivery of vocational education, including those with the private sector, programs and procedures for minority, women, and handicapped students, tuition and fees, student financial assistance, program need, and institutional resource and facilities requirements.  The board's plan or planning recommendations shall be presented to the governor and legislature, and the schools, institutes, and colleges, no later than January 1, 1986.  The board shall review the plan or planning recommendations at least each four years, and revise or modify the plan or planning recommendations as required yearly, and report these findings to the legislature accordingly.  Upon formal adoption of the plan or planning recommendations by the legislature, the plan or planning recommendations shall become official state vocational education policy.

          (3) Develop explicit biennial objectives and policy recommendations for the improvement of vocational education in Washington.  These objectives and policy recommendations shall be defined with the assistance of the superintendent of public instruction's office, the vocational technical institutes, the community college system, and the council for postsecondary education or its successor agency.  The objectives and policy recommendations shall address particular programs and stages consistent with state fiscal planning periods and be presented for legislative and executive consideration and action.

          (4) Coordinate vocational education in the state of Washington, and in that respect review and approve or disapprove proposals for new programs, proposals to terminate programs, skill centers and other consortial or cooperative programming, and the construction of new facilities.  The operations of private sector vocational education programs and facilities shall be considered in these review and approval processes.  The board shall adopt rules and regulations for the operation of vocational education consortia, promote interdistrict, interinstitutional, and intersector cooperation and sharing, review vocational education budget requests for conformance with the state vocational education plan or planning recommendations, and develop and present a list of state vocational education budget priorities to the governor and legislature each biennium.

          (5) Stress advisory and consultative procedures in the development of board reports and recommendations, with particular attention given to the reports of the job market committees established under section 6 of this act.

          (6) To:

          (a) Collect and disseminate to interested individuals, in cooperation with and through any agencies of federal, state, and municipal government, information concerning areas of present and projected employment needs, programs of skills training and education consistent therewith, and any other relevant information;

          (b) Apply for, use, and accept grants from other federal, state, and local agencies for the purposes of matching requirements and to facilitate the purposes of RCW 28C.04.420 through 28C.04.480;

          (c) Help identify, upon the request of business and industry, those educational institutions that could provide the training services sought by business and industry and to identify any existing programs that could serve the particular needs of business and industry;

          (d) Provide job skills grants to educational institutions to facilitate the development of programs of job skills training and education consistent with employment needs;

          (e) Work cooperatively with the employment security department to enhance and update the state's occupational information system and the state's career information system; and

          (f) Adopt rules to carry out its powers and duties for the job skills program.

          (7) To be the sole agency for the receipt and allocation of federal funds for vocational education.  The overall supervision of programs conducted under the state plan or planning recommendations shall be the board's; however, ongoing administration of such programs shall be primarily the responsibility of the superintendent of public instruction and the state board for community college education through their respective local education agencies or community college districts.  The board shall conduct performance evaluations of every state-approved vocational program at least once every five years to ensure compliance with the state plan or planning recommendations.  The board shall be the state liaison with the federal government for the state plan or planning recommendations for vocational education.

          (8) Have responsibility for administration and application of the educational services registration act, chapter 28B.05 RCW.

          (9) Adopt rules as necessary to comply with the intent of this chapter in accordance with chapter 34.04 RCW, the administrative procedure act, and adopt such bylaws as necessary to the business of the board.

 

          NEW SECTION.  Sec. 5.     (1) Each local education agency or community college district offering vocational educational programs under the overall jurisdiction of the state board of vocational education and the state plan or planning recommendations shall establish a local advisory committee to provide that agency or district with advice on current job needs and on the course work necessary to meet these needs.  In addition, local program and craft advisory committees shall be established for each craft or program area offered, except where evidence is provided to and approved by the board that a general or combined committee would be more appropriate.

          (2) The board shall establish rules and regulations governing the composition and functions of these committees, and shall include within these the requirements that local program committees shall:

          (a) Hold a minimum of three meetings a year;

          (b) Participate in the determination of program goals;

          (c) Review and evaluate program curricula, equipment, and effectiveness; and

          (d) Actively consult with other representatives of business, industry, labor, and agriculture.

 

          NEW SECTION.  Sec. 6.     The board, in consultation with vocational administrators and representatives of business, industry, labor, and agriculture, shall establish job market committees throughout the state according to the labor market boundaries identified for particular broad program areas.  Membership on each committee shall not exceed nine individuals, and shall include five members, or an equivalent proportion, representing the program staffs or administrators of the schools providing the training programs, and four members, or an equivalent proportion, representing management and labor participating, working, or employed in the particular occupational field, who may be drawn from these institutions' advisory councils or committees.  The board shall establish rules governing the identification of job market boundaries and the designation of program areas, the selection and terms of committee members, and the specific functions of these committees, which shall include, at a minimum, yearly reports to the board on job market employment and training needs, and evidence of new or continued cooperative, articulation, and communication efforts related to the committee's work.

 

          NEW SECTION.  Sec. 7.     All reports, documents, surveys, books, records, files, papers, or written material in the possession of the commission for vocational education shall be delivered to the custody of the state board for vocational education.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the commission for vocational education shall be made available to the state board for vocational education.  All funds, credits, or other assets held by the commission for vocational education shall be assigned to the state board for vocational education.

          Any appropriations made to the commission for vocational education shall, on the effective date of this act, be transferred and credited to the state board for vocational 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. 8.     Employees of the commission for vocational education engaged in performing the powers, functions, and duties transferred to the state board for vocational education are transferred to the jurisdiction of the state board for vocational education.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the state board for vocational 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.

 

          NEW SECTION.  Sec. 9.     All rules and all pending business before the commission for vocational education shall be continued and acted upon by the state board for vocational education.  All existing contracts and obligations shall remain in full force  and shall be performed by the state board for vocational education.

 

          NEW SECTION.  Sec. 10.    The transfer of the powers, duties, functions, and personnel of the commission for vocational education shall not affect the validity of any act performed by such employee prior to the effective date of this act.

 

          NEW SECTION.  Sec. 11.    If apportionments of budgeted funds are required because of the transfers directed by sections 7 through 10 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. 12.    Nothing contained in sections 7 through 11 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. 13.  A new section is added to chapter 28B.50 RCW to read as follows:

          In addition to its other powers and duties, the college board shall have the following powers and duties:

          (1) Administer any legislation enacted by the legislature in pursuance of the aims and purposes of any acts of congress insofar as the provisions thereof may apply to the administration of fire service training;

          (2) Establish and conduct fire service training courses;

          (3) Construct, equip, maintain and operate necessary fire service training facilities:  PROVIDED, That the board's authority to construct, equip and maintain such facilities shall be subject to the provisions of chapter 43.19 RCW;

          (4) Purchase, lease, rent or otherwise acquire real estate necessary to establish and operate fire service training facilities in the manner provided by law;

          (5) Cooperate with the common schools, the institutions of higher education, and any department or division of the state government or of any county or municipal corporation, in establishing and maintaining instruction in fire service training in accordance with the provisions of any act of congress and legislation enacted by the legislature in pursuance thereof, and in establishing, building and operating training facilities; and

          (6) Administer the funds provided by the federal government, and by the state under the provisions of any federal acts and of the acts passed by the legislature for the promotion of fire service training:  PROVIDED, That the provisions of this section apply only to the structural fire services and do not include those funds now or hereafter used for the forest fire services and do not include those funds now or hereafter used for the forest fire services training programs.

 

        Sec. 14.  Section 4, chapter 175, Laws of 1973 1st ex. sess. as last amended by section 4, chapter 149, Laws of 1977 ex. sess. and RCW 18.106.040 are each amended to read as follows:

          Upon receipt of the application and evidence set forth in RCW 18.106.030, the director shall review the same and make a determination as to whether the applicant is eligible to take an examination for the certificate of competency.  To be eligible to take the examination each applicant for a journeyman plumber's certificate of competency shall furnish written evidence that he has either completed a course of study in the plumbing trade in the armed services of the United States or at a school accredited by the coordinating council on occupational education; or that he has four or more years of experience under the direct supervision of a licensed journeyman plumber.  Each applicant for a specialty plumber's certificate of competency shall furnish written evidence that he has either completed a course of study in the plumbing trade in the armed services of the United States or at a school accredited by the ((commission)) state board for vocational education or its designee, or that he has had at least three years practical experience in his specialty.  No other requirement for eligibility may be imposed.  The director shall establish reasonable rules and regulations for the examinations to be given applicants for certificates of competency.  In establishing said rules, regulations, and criteria, the director shall consult with the state advisory board of plumbers as established in RCW 18.106.110.  Upon determination that the applicant is eligible to take the examination, the director shall so notify him, indicating the time and place for taking the same.

 

        Sec. 15.  Section 2, chapter 30, Laws of 1980 as amended by section 13, chapter 206, Laws of 1983 and RCW 19.28.510 are each amended to read as follows:

          (1) No person may engage in the electrical construction trade without having a current journeyman electrician certificate of competency or a current specialty electrician certificate of competency issued by the department in accordance with this chapter.  Electrician certificate of competency specialties include, but are not limited to:  Residential, domestic appliances, pump and irrigation, limited energy system, signs, and nonresidential maintenance.

          (2) A person who is indentured in an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade or who is learning the electrical construction trade may work in the electrical construction trade if supervised by a certified journeyman electrician or a certified specialty electrician in that electrician's specialty.  All apprentices and individuals learning the electrical construction trade shall obtain an electrical training certificate from the department.  The certificate shall authorize the holder to learn the electrical construction trade while under the direct supervision of a journeyman electrician or a specialty electrician working in his or her specialty.  The holder of the electrical training certificate shall renew the certificate annually.  At the time of renewal, the holder shall provide the department with an accurate list of the holder's employers in the electrical construction industry for the previous year and the number of hours worked for each employer.  An annual fee shall be charged for the issuance or renewal of the certificate.  The department shall set the fee by rule.  The fee shall cover but not exceed the cost of administering and enforcing the trainee certification and supervision requirements of this chapter.  Apprentices and individuals learning the electrical construction trade shall have their electrical training certificates in their possession at all times that they are performing electrical work.  They shall show their certificates to an authorized representative of the department at the representative's request.

          (3) Any person who has been issued an electrical training certificate under this chapter may work if that person is under supervision.  Supervision shall consist of a person being on the same job site and under the control of either a journeyman electrician or an appropriate specialty electrician who has an applicable certificate of competency issued under this chapter.  Either a journeyman electrician or an appropriate specialty electrician shall be on the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless otherwise provided in this chapter.  The ratio of noncertified individuals to certified journeymen or specialty electricians working on a job site shall be:

          (a) From September 1, 1979, through December 31, 1982, not more than three noncertified electricians working on any one job site for every certified journeyman or specialty electrician;

          (b) Effective January 1, 1983, not more than two noncertified individuals working on any one job site for every specialty electrician or journeyman electrician working as a specialty electrician;

          (c) Effective January 1, 1983, not more than than one noncertified individual working on any one job site for every certified journeyman electrician.

          The ratio requirements do not apply to a trade school program in the electrical construction trade established during 1946.

          An individual who has a current training certificate and who has successfully completed or is currently enrolled in an approved apprenticeship program or in a technical school program in the electrical construction trade in a school approved by the ((commission)) state board for vocational education, may work without direct on-site supervision during the last six months of meeting the practical experience requirements of this chapter.

 

        Sec. 16.  Section 4, chapter 30, Laws of 1980 as amended by section 14, chapter 206, Laws of 1983 and RCW 19.28.530 are each amended to read as follows:

          (1) Upon receipt of the application, the department shall review the application and determine whether the applicant is eligible to take an examination for the journeyman or specialty certificate of competency.  To be eligible to take the examination for a journeyman certificate the applicant must have  worked in the electrical construction trade for a minimum of four years employed full time, of which two years shall be in industrial or commercial electrical installation under the supervision of a journeyman electrician certified under this chapter and not more than a total of two years in all specialties under the supervision of a journeyman electrician certified under this chapter or an appropriate specialty electrician certified under this chapter or have successfully completed an apprenticeship program approved under chapter 49.04 RCW for the electrical construction trade.  To be eligible to take the examination to become a specialty electrician the applicant shall have worked in that specialty of the electrical construction trade, under the supervision of a journeyman electrician certified under this chapter or an appropriate specialty electrician certified under this chapter, for a minimum of two years employed full time, or have successfully completed an approved apprenticeship program under chapter 49.04 RCW for the applicant's specialty in the electrical construction trade.  Before January 1, 1984, applicants for nonresidential maintenance specialty licenses are eligible to become nonresidential maintenance specialists upon certification to the department that they have the equivalent of two years full-time experience in that specialty field.  Persons applying before January 1, 1984, for a journeyman certificate are eligible to take the examination to become journeymen until July 1, 1984, upon certification to the department that they have the equivalent of five years full-time experience in nonresidential maintenance, of which two years shall be in industrial electrical installation. Any applicant who has successfully completed a two-year technical school program in the electrical construction trade in a school that is approved by the ((commission)) state board for vocational education may substitute up to two years of the technical school program for two years of work experience under a journeyman electrician.  The applicant shall obtain the additional two years of work experience required in industrial or commercial electrical installation prior to the beginning, or after the completion, of the technical school program.  Any applicant who has received training in the electrical construction trade in the armed service of the United States may be eligible to take the examination for the certificate of competency.  Any applicant who is a graduate of a trade school program in the electrical construction trade  that was established during 1946 is eligible to take the examination for the certificate of competency.  No other requirement for eligibility may be imposed.

          (2) The department shall establish reasonable rules for the examinations to be given applicants for certificates of competency.  In establishing the rules, the department shall consult  with the board of electrical examiners.  Upon determination that the applicant is eligible to take the examination, the department shall so notify the applicant, indicating the time and place for taking the examination.

 

        Sec. 17.  Section 8, chapter 73, Laws of 1979 as amended by section 6, chapter 15, Laws of 1982 1st ex. sess. and RCW 28B.04.080 are each amended to read as follows:

          (1) The council shall consult and cooperate with the department of social and health services; the state board for community college education; the superintendent of public instruction; the ((commission)) state board for vocational education; the employment security department; the department of labor and industries; sponsoring agencies under the federal comprehensive employment and training act (87 Stat. 839; 29 U.S.C. Sec. 801 et seq.), and any other persons or agencies as the council deems appropriate to facilitate the coordination of centers established under this chapter with existing programs of a similar nature.

          (2) Annually on July 1st, each agency listed in subsection (1) of this section shall submit a description of each service or program under its jurisdiction which would support the programs and centers established by this chapter and the funds available for such support.

          (3) The council shall serve as a clearinghouse for displaced homemaker information and resources and shall compile and disseminate state-wide information to the centers, related agencies, and interested persons upon request.

 

        Sec. 18.  Section 3, chapter 188, Laws of 1979 ex. sess. as amended by section 1, chapter 283, Laws of 1981 and RCW 28B.05.030 are each amended to read as follows:

          The definitions set forth in this section apply throughout this chapter, unless the context clearly indicates to the contrary:

          (1) "Educational institution" includes, but is not limited to, an academic, vocational, technical, home study, business, professional, or other school, institution, college, or university, or other organization or person not exempted under RCW 28B.05.040, offering educational credentials, instruction, or services primarily to persons who have completed or terminated their secondary education, or who are beyond the age of compulsory high school attendance, for attainment of educational, professional, or vocational objectives.

          (2) "To operate",  means to establish, keep, or maintain any facility or location in this state where, from, or through which education is offered or educational credentials are offered or granted, and includes contracting for the performance of any such act.

          (3) "To offer" includes, in addition to its usual meanings, to advertise, or publicize.  "To offer" shall also mean to solicit or encourage any person, directly or indirectly,  to perform the act described.

          (4) "To grant" includes to award, issue, sell, confer, bestow, or give.

          (5) "Education" or "educational services" includes but is not limited to, any class, course, or program of training, instruction, or study.

          (6) "Chief administrative officer" means the person designated by the institution under RCW 28B.05.070.

          (7) "Agent" means a person owning an interest in, employed by, or representing for remuneration an educational institution within or without this state, who enrolls or personally attempts to secure the enrollment in such school of a resident of this state, offers to award educational credentials for remuneration on behalf of any such school, or holds himself or herself out to residents of this state as representing an educational institution for any such purpose.

          (8) "Educational credentials" means degrees, diplomas,  certificates, transcripts, reports, documents, or letters of designation, marks, appellations, series of letters, numbers, or words which signify or appear to signify enrollment, attendance, progress, or satisfactory completion of the requirements or prerequisites for any educational program.

          (9) "Entity" includes but is not limited to a person, company, firm, society, association, partnership, corporation, and trust.

          (10) "Degree granting institution" shall mean an educational institution, which offers educational credentials, instruction, or services prerequisite to or indicative of an academic or professional degree or certificate beyond the secondary level.

          (11) "Private vocational school" shall mean an educational institution, the objective of which is to prepare persons to enter, continue in, or upgrade themselves in gainful employment in recognized occupations which are not designated as professional or requiring a baccalaureate or higher degree.

          (12) "Private nonvocational school" shall mean any educational institution that is not a "degree granting institution" or a "private vocational school."

          (13) "Dual purpose institution" shall mean any educational institution which satisfies the definitions of both (a) "degree-granting institution" and (b) "private vocational school" or "private nonvocational school."  ((Either the council for postsecondary education or the commission for vocational education may be selected by the "dual purpose institution" for purposes of complying with the requirements of RCW 28B.05.080, 28B.05.090, 28B.05.100 and 28B.05.110.))

           (14) "Agency" shall mean the ((council for postsecondary education in the case of degree granting institutions and the commission)) state board for vocational education ((in the case of private vocational schools and private nonvocational schools)).

 

        Sec. 19.  Section 5, chapter 188, Laws of 1979 ex. sess. and RCW 28B.05.050 are each amended to read as follows:

          The ((commission)) state board for vocational education ((with respect to private vocational schools, the council for postsecondary education with respect to degree granting institutions,)) shall:

          (1) Establish more detailed criteria to implement the standards set forth in RCW 28B.05.060;

          (2) Maintain a list of educational institutions registered in this state under this chapter, which list shall separately identify dual purpose institutions and be available to the public((; upon the registration of a "dual purpose institution" insure that such registration is communicated to the council for postsecondary education and the commission for vocational education));

          (3) Adopt reasonable rules and regulations in accordance with chapter 34.04 RCW, the administrative procedure act, for enforcing and carrying out the provisions and purposes of this chapter;

          (4) Investigate  on its own initiative or in response to any complaint filed with it, any person, group, or entity subject to, or reasonably believed by the agency to be subject to, the jurisdiction of this chapter; and in connection therewith, to administer oaths and affirmations, issue subpoenas, and compel attendance, take evidence and require the production of any books, papers, correspondence, memorandums, or other records which the agency deems relevant or material to such investigation;

          (5) Coordinate the policies and rules developed under subsections (1) and (3) of this section so as to develop where possible consistent procedures and standards applicable to degree-granting institutions, private vocational school, and dual purpose institutions.

 

        Sec. 20.  Section 13, chapter 188, Laws of 1979 ex. sess. as amended by section 3, chapter 283, Laws of 1981 and RCW 28B.05.130 are each amended to read as follows:

          The executive director ((or executive coordinator)) of the agency may suspend or modify any of the registration or other requirements contained in this chapter in a particular case if the executive director ((or executive coordinator)) finds (1) that such suspension or modification will not frustrate the purposes of this chapter and (2) that the educational services to be offered address a substantial, demonstrated need among residents of the state of Washington or that literal application of this chapter works a manifestly unreasonable hardship on the educational institution:  PROVIDED, That the chief administrative officer of the institution, after hearing, shall be entitled to appeal the decision of the executive director ((or executive coordinator)) to the ((commission)) state board for vocational education ((or the council for postsecondary education)).

 

        Sec. 21.  Section 28B.50.090, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 50, Laws of 1982 and RCW 28B.50.090 are each amended to read as follows:

          The college board shall have general supervision and control over the state system of community colleges.  In addition to the other powers and duties imposed upon the college board by this chapter, the college board shall be charged with the following powers, duties and responsibilities:

          (1) Review the budgets prepared by the community college boards of trustees, prepare a single budget for the support of the state system of community colleges and adult education, and submit this budget to the governor as provided in RCW 43.88.090; the coordinating council shall assist with the preparation of the community college budget that has to do with vocational education programs;

          (2) Establish guidelines for the disbursement of funds; and receive and disburse such funds for adult education and maintenance and operation and capital support of the community college districts in conformance with the state and district budgets, and in conformance with chapter 43.88 RCW;

          (3) Ensure, through the full use of its authority:

          (a) that each community college district shall offer thoroughly comprehensive educational, training and service programs to meet the needs of both the communities and students served by combining, with equal emphasis, high standards of excellence in academic transfer courses; realistic and practical courses in occupational education, both graded and ungraded; and community services of an educational, cultural, and recreational nature; and adult education:  PROVIDED, That notwithstanding any other provisions of this chapter, a community college shall not be required to offer a program of vocational-technical training, when such a program as approved by the coordinating council for occupational education is already operating in the district;

          (b) that each community college district shall maintain an open-door policy, to the end that no student will be denied admission because of the location of his residence or because of his educational background or ability; that, insofar as is practical in the judgment of the college board, curriculum offerings will be provided to meet the educational and training needs of the community generally and the students thereof; and that all students, regardless of their differing courses of study, will be considered, known and recognized equally as members of the student body:  PROVIDED, That the administrative officers of a community college may deny admission to a prospective student or attendance to an enrolled student if, in their judgment, he would not be competent to profit from the curriculum offerings of the community college, or would, by his presence or conduct, create a disruptive atmosphere within the community college not consistent with the purposes of the institution;

          (4) Prepare a comprehensive master plan for the development of community college education and training in the state; and assist the office of financial management in the preparation of enrollment projections to support plans for providing adequate community college facilities in all areas of the state;

          (5) Define and administer criteria and guidelines for the establishment of new community colleges or campuses within the existing districts;

          (6) Establish criteria and procedures for modifying district boundary lines consistent with the purposes set forth in RCW 28B.50.020 as now or hereafter amended and in accordance therewith make such changes as it deems advisable;

          (7) Establish minimum standards to govern the operation of the community colleges with respect to:

          (a) qualifications and credentials of instructional and key administrative personnel, except as otherwise provided in the state plan for vocational education,

          (b) internal budgeting, accounting, auditing, and financial procedures as necessary to supplement the general requirements prescribed pursuant to chapter 43.88 RCW,

          (c) the content of the curriculums and other educational and training programs, and the requirement for degrees and certificates awarded by the colleges,

          (d) standard admission policies,

          (e) eligibility of courses to receive state fund support;

          (8) Establish and administer criteria and procedures for all capital construction including the establishment, installation, and expansion of facilities within the various community college districts;

          (9) Encourage innovation in the development of new educational and training programs and instructional methods; coordinate research efforts to this end; and disseminate the findings thereof;

          (10) Exercise any other powers, duties and responsibilities necessary to carry out the purposes of this chapter;

          (11) Authorize the various community colleges to offer programs and courses in other districts when it determines that such action is consistent with the purposes set forth in RCW 28B.50.020 as now or hereafter amended;

          (12) Notwithstanding any other law or statute regarding the sale of state property, sell or exchange and convey any or all interest in any community college real and personal property, except such property as is received by a community college district in accordance with RCW 28B.50.140(8), when it determines that such property is surplus or that such a sale or exchange is in the best interests of the community college system;

          (13) In order that the treasurer for the state board for community college education appointed in accordance with RCW 28B.50.085 may make vendor payments, the state treasurer will honor warrants drawn by the state board providing for an initial advance on July 1, 1982, of the current biennium and on July 1 of each succeeding biennium from the state general fund in an amount equal to twenty-four percent of the average monthly allotment for such budgeted biennium expenditures for the state board for community college education as certified by the office of financial management; and at the conclusion of  such initial month and for each succeeding month of any biennium, the state treasurer will reimburse expenditures incurred and reported monthly by the state board treasurer in accordance with chapter 43.88 RCW:  PROVIDED, That the reimbursement to the state board for actual expenditures incurred in the final month of each biennium shall be less the initial advance made in such biennium;

          (14) Notwithstanding the provisions of subsection (12) of this section, 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 and may 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;

          (15) To accept any and all donations, grants, bequests, and devices, conditional or otherwise, or money, property, service, or other things of value which may be received from the United States or any agency thereof, any governmental agency, any institution, person, firm, or corporation, public and private, to be held, used, or applied for the purposes of the fire service training program.

          The college board shall have the power of eminent domain.

 

        Sec. 22.  Section 4, chapter 277, Laws of 1969 ex. sess. as last amended by section 43, chapter 169, Laws of 1977 ex. sess. and RCW 28B.80.040 are each amended to read as follows:

          The council shall consist of members who are truly representative of the public, including the minority community, and shall be selected as follows:

          Nine citizen members to be appointed by the governor and confirmed by the senate as representatives of the public at large, one of whom shall be a full time undergraduate student at the time of his or her appointment at a  postsecondary educational institution; the superintendent of public instruction; one member of the  executive branch of government appointed by the governor; one president of the public state universities, regional universities, and The Evergreen State College who is the chairman of the council of presidents; the executive director of the state board for community college education; the executive director of the ((commission)) state board for vocational education; one president of the state's private universities or four-year colleges and one  representative of postsecondary proprietary education, each appointed by the governor.

          It shall be the duty of the director of the state board for community college education to represent not only the state board for community college education, but also all the community colleges in the state and their respective governing boards and he is further directed and charged to act as a liaison between the council and the state board for community college education and boards of trustees of the community college districts in the state.

          It shall be the duty of the superintendent of public instruction to represent the common school system presenting such information to the council as may be of assistance in the development of overall educational plans and articulation between the common school and postsecondary systems of education.

          It shall be the duty of the executive director of the ((commission)) state board for vocational education to represent vocational and technical education, presenting to the council such information regarding the state plan for vocational education and other data as may be of assistance in the development of overall educational plans.

 

        Sec. 23.  Section 6, chapter 277, Laws of 1969 ex. sess. as amended by section 5, chapter 132, Laws of 1975 1st ex. sess. and RCW 28B.80.060 are each amended to read as follows:

          Citizen members of the council shall serve for terms of six years, said terms expiring on June 30th of the sixth year of their term:  PROVIDED, That the term of the student citizen member shall not exceed three years and shall be coextensive with his or her tenure as a student except for summer sessions.

          The  member of the council appointed by the governor from  the executive branch of government shall serve at the governor's pleasure.

          The term of the superintendent of public instruction, the executive director of the ((commission)) state board for vocational education, and the executive director of the state board for community college education shall be coextensive with their tenure in those respective offices.

          The president-representatives appointed by the governor shall serve for a  four year term, or until such earlier date as each shall cease to be the president of the institution or representative of a postsecondary group from which he was appointed.

 

        Sec. 24.  Section 2, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.020 are each amended to read as follows:

          As used in this chapter the following definitions shall apply:

          (1) (("Commission" shall)) "Board" means the ((commission)) state board for vocational education.

          (2) "Secondary education system" shall mean those educational courses and programs, within the jurisdiction of the superintendent of public instruction, being offered in the common schools of the state of Washington in the grades 7 through 12, or any part thereof, which are traditionally provided for the purpose of granting a recognized certificate of completion or a high school diploma:  PROVIDED, That notwithstanding the provisions of this chapter and RCW 28B.50.140(1), existing vocational-technical institutes operating within the secondary school system shall continue to function within the common school system.

          (3) "Postsecondary education system" shall mean those educational courses and programs, not within the jurisdiction of the superintendent of public instruction, being offered beyond secondary education by institutions of higher education in the state of Washington to those who hold a certificate of completion or high school diploma which includes academic, vocational, technical or professional training traditionally leading to an associate, baccalaureate or higher degree or a certificate of achievement.

          (4) "Vocational education" shall mean a planned series of learning experiences, the specific objective of which is to prepare persons to enter, continue in, or upgrade themselves in gainful employment in recognized occupations, homemaking, home and family life programs, and volunteer fire fighting training, which are not designated as professional or requiring a baccalaureate or higher degree.

          (5) "State plan" shall mean the Washington state plan for vocational education, adopted as required by Public Law 88-210 as amended, and other federal congressional and administrative directives pertaining to vocational education, and shall be the single comprehensive plan which provides approval standards for vocational education operated in or by community colleges, common schools, area nongraded vocational-technical institutes, occupational skill centers, state institutions, private proprietary and parochial schools, on-the-job training facilities or any other training location where local, state or federal vocational funds are allocated:  PROVIDED, That standards of, rules and regulations for, and supervision of indentured apprenticeship in the apprenticeable crafts shall continue to be governed by the director of labor and industries and the state apprenticeship council in accordance with chapter 49.04 RCW.

          (6) "Vocational-technical institute" shall mean a specialized area nongraded vocational education facility established and operated for the purpose of offering comprehensive courses primarily oriented to the job market area in vocational education for persons sixteen years of age and older without regard to residence, pursuant to laws and rules and regulations pertaining to the maintenance, operation, and capital funding of vocational-technical institutes:  PROVIDED, That service areas for common school vocational-technical institutes shall be defined specifically by the ((commission)) board, recognizing areas traditionally served.

          (7) "Advisory council" means the advisory council for vocational education established within this state pursuant to 20 USCA 1244B.

 

        Sec. 25.  Section 6, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.060 are each amended to read as follows:

          The ((commission)) board is authorized to promulgate such rules and regulations as are necessary to comply with the intent of this chapter in accordance with chapter 34.04 RCW, the administrative procedure act, and adopt such bylaws as deemed necessary to the business of the ((commission)) board.  Existing rules and regulations of any state agency relating to vocational education should be considered amended in accordance with the intent of this chapter.  Initial rules and regulations of the ((commission)) board, prior to their effective date, shall be submitted to the respective rules committees of the senate and house for review concurrently at such time as notice of intent to adopt is filed.  The ((commission)) board is further authorized to take whatever action is necessary to insure compliance with federal vocational education enactments and state legislative and administrative directives concerning vocational education.  The ((commission)) board is also authorized to delegate by ((commission)) board resolution to the executive director those functions it deems necessary to the operation of the ((commission)) board.

          The ((commission)) board shall meet, consult and cooperate with the office of the state superintendent of public instruction on all matters falling within his constitutional supervisory powers in advance of exercising any of the powers or duties granted to the ((commission)) board by this chapter.

 

        Sec. 26.  Section 8, chapter 174, Laws of 1975 1st ex. sess. as last amended by section 66, chapter 287, Laws of 1984 and RCW 28C.04.070 are each amended to read as follows:

          Members of the ((commission)) board shall be compensated in accordance with RCW 43.03.240 and will receive travel expenses in accordance with RCW 43.03.050 and 43.03.060.

 

        Sec. 27.  Section 10, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.080 are each amended to read as follows:

          The ((commission)) board may employ an executive director and such other personnel as may be necessary to carry out the purposes of this chapter.  The ((commission)) board in accordance with RCW 28C.04.040 shall keep its professional staff to the minimum number of persons necessary to fulfill its duties under this chapter and the performance of such other administrative responsibilities as the legislature may provide.

 

        Sec. 28.  Section 53, chapter 283, Laws of 1969 ex. sess. as amended by section 16, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.310 are each amended to read as follows:

          The advisory council shall:

          (1) Advise the ((commission on)) state board for vocational education on the development of and policy matters arising in the administration of the state plan for federally funded vocational education pursuant to RCW 28C.04.090, including the preparation of long range and annual program plans therefor;

          (2) Evaluate such vocational education programs, services, and activities assisted under this title, and publish and distribute the results thereof;

          (3) Prepare and submit through the ((commission on)) state board for vocational education to the federal commissioner of education and to the national advisory council on vocational education an annual evaluation report, accompanied by such additional comments of the ((commission)) board as the ((commission)) board deems appropriate, which (a) evaluates the effectiveness of federally funded vocational education programs, services, and activities carried out in the year under review in meeting the program objectives set forth in the long range program plan and the annual program plan, and (b) recommends such changes in such programs, services, and activities as may be warranted by the evaluations; and

          (4) Obtain the services of an executive director and confidential secretary to such director, both of whom shall be exempt from the provisions of chapter 41.06 RCW, and such professional, technical, and clerical personnel as may be deemed necessary to enable it to carry out its functions under this section and to contract for such services as may be necessary to enable them to carry out their evaluation functions.

 

        Sec. 29.  Section 2, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.410 are each amended to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW ((28C.04.040 and)) 28C.04.420 through 28C.04.480.

          (1) "Applicant" means an educational institution which has made application for a job skills grant under RCW 28C.04.420 through 28C.04.480.

          (2) "Business and industry" means a private corporation, institution, firm, person, group, or association concerned with commerce, trades, manufacturing, or the provision of services within the state, or a public or nonprofit hospital licensed by the department of social and health services.

          (3) "Educational institution" means a public secondary or postsecondary institution or an independent institution within the state authorized by law to provide a program of skills training or education beyond the secondary school level.  Any educational institution receiving a job skills grant under RCW 28C.04.420 through 28C.04.480 shall be free of sectarian control or influence as set forth in Article IX, section 4 of the state Constitution.

          (4) "Equipment" means tangible personal property which will further the objectives of the supported program and for which a definite value and evidence in support of the value have been provided by the donor.

          (5) "Financial support" means any thing of value which is contributed by business and industry to an educational institution which is reasonably calculated to support directly the development and expansion of a particular program under RCW 28C.04.420 through 28C.04.480 and represents an addition to any financial support previously or customarily provided to such educational institutions by the donor.  "Financial support" includes, but is not limited to, funds, equipment, facilities, faculty, and scholarships for matriculating students and trainees.

          (6) "Job skills grant" means funding that is provided to an educational institution by the ((commission)) board for the development or significant expansion of a program under RCW 28C.04.420 through 28C.04.480.

          (7) "Job skills program" means a program of skills training or education separate from and in addition to existing vocational education programs and which:

          (a) Provides short-term training which has been designated for specific industries;

          (b) Provides training for prospective employees before a new plant opens or when existing industry expands;

          (c) Includes training and retraining for workers already employed by an existing industry or business where necessary to avoid dislocation or where upgrading of existing employees would create new vacancies for unemployed persons;

          (d) Serves areas with high concentrations of economically disadvantaged persons and high unemployment;

          (e) Serves areas with new and growing industries;

          (f) Serves areas where there is a shortage of skilled labor to meet job demands; or

          (g) Promotes the location of new industry in areas affected by economic dislocation.

          (8) "Technical assistance" means professional and any other assistance provided by business and industry to an educational institution, which is reasonably calculated to support directly the development and expansion of a particular program and which represents an addition to any technical assistance previously or customarily provided to the educational institutions by the donor.

          (((9) "Commission" or "commission for vocational education" shall mean the commission for vocational education or any successor agency or organization.))

 

        Sec. 30.  Section 4, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.420 are each amended to read as follows:

          The ((commission)) board may, subject to appropriation from the legislature or from funds made available from any other public or private source and pursuant to rules adopted by the ((commission)) board, provide job skills grants to educational institutions.  The job skills grants shall be used exclusively for programs which are consistent with the job skills program.  A job skills grant may be awarded only after:

          (1) Receipt of an application from an educational institution which contains a proposal for a program of skills training and education, including a description of the program, the type of skills training or education to be provided, a statement of the total cost of the program and a breakdown of the costs associated with equipment, personnel, facilities, and materials, a statement of the employment needs for the program and evidence in support thereof, demonstrates that the program does not unnecessarily duplicate existing programs in the area and is provided at a reasonable cost, a statement of the technical assistance and financial support for the program received or to be received from business and industry, and such other information as the ((commission)) board requests; and

          (2) The ((commission)) board, based on the application submitted by the educational institution and such additional investigation as the staff of the ((commission)) board shall make, finds that:

          (a) The program is within the scope of the job skills program under this chapter and may reasonably be expected to succeed and thereby increase employment within the state;

          (b) Provision has been made to use any available alternative funding from local, state, and federal sources;

          (c) The job skills grant will only be used to cover the costs associated with the program;

          (d) The program will not unnecessarily duplicate existing programs and could not be provided by another educational institution more effectively or efficiently;

          (e) The program involves an area of skills training and education for which there is a demonstrable need;

          (f) The applicant has made provisions for the use of existing federal and state resources for student financial assistance;

          (g) The job skills grant is essential to the success of the program as the resources of the applicant are inadequate to attract the technical assistance and financial support necessary for the program from business and industry;

          (h) The commitment of financial support from business and industry shall be equal to or greater than the amount of the requested job skills grant;

          (i) Binding commitments have been made to the ((commission)) board by the applicant for adequate reporting of information and data regarding the program to the ((commission)) board, particularly information concerning the recruitment and employment of trainees and students, and including a requirement for an annual or other periodic audit of the books of the applicant directly related to the program, and for such control on the part of the ((commission)) board as it considers prudent over the management of the program, so as to protect the use of public funds, including, in the discretion of the ((commission)) board and without limitation, right of access to financial and other records of the applicant directly related to the programs;

          (j) Provision has been made by the applicant to work, in cooperation with the employment security department, to identify and screen potential trainees and that provision has been made by the applicant of persons who are victims of economic dislocation and persons from minority and economically disadvantaged groups to participate in the program; and

          (k) Binding commitments have been made to the ((commission)) board by the applicant for compliance with the monitoring and evaluation rules of the ((commission)) board.

 

        Sec. 31.  Section 5, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.430 are each amended to read as follows:

          Upon approval of a job skills grant application by the ((commission)) board, the ((commission)) board shall immediately provide notification of its decision to the employment security department.  The notification shall include the following information regarding the supported program:  The trade, occupation, or profession with which the program is concerned; a description of the curriculum, the requirements for participation, and the procedures for making application; the duration of the program; a description of support services available to participants in the program; and any other information relevant to encouraging and facilitating the participation in the program of those in economic need.

 

        Sec. 32.  Section 6, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.440 are each amended to read as follows:

          The department of commerce and economic development or its successor and the employment security department shall each enter into an  interagency agreement with the ((commission on)) state board for vocational education to establish cooperative working  arrangements for the purposes of RCW 28C.04.410 through 28C.04.480.

 

        Sec. 33.  Section 8, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.460 are each amended to read as follows:

          The department of commerce and economic development or its successor shall for the purposes of RCW 28C.04.410 through 28C.04.480:

          (1) Work cooperatively with the ((commission on)) state board for vocational education to market the job skills program to business and economic development agencies and other firms;

          (2) Recruit industries from outside the state to participate in the job skills training program; and

          (3) Refer business and industry interested in developing a job skills training program to the ((commission on)) state board for vocational education.

 

        Sec. 34.  Section 9, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.470 are each amended to read as follows:

          The ((commission)) board shall annually submit a complete and detailed report of the ((commission's)) board's activities within ninety days after the end of the fiscal year to the chief clerk of the house of representatives, to the secretary of the senate, and to the governor.  The annual report shall include, but not be limited to, descriptions of all programs funded, and evaluation of the performance of each program, a summary of the public moneys expended, and the demographic and economic characteristics of the individuals trained, educated, and employed, including, in particular, the number of minority and economically disadvantaged individuals.

 

        Sec. 35.  Section 3, chapter 267, Laws of 1984 and RCW 28C.04.530 are each amended to read as follows:

          (1) The ((commission)) state board for vocational education shall have the responsibility for the development and administration of the Washington award for vocational excellence program.  The ((commission)) board shall develop the program in consultation with other state agencies and private organizations having interest and responsibility in vocational education, including but not limited to:  The state board for community college education, the office of the superintendent of public instruction, a voluntary professional association of vocational educators, and representatives from business, labor, and industry.

          (2) The ((commission)) board shall establish a planning committee to develop the criteria for screening and selecting the students who will receive the award.  This criteria shall include but not be limited to the following characteristics:  Proficiency in their chosen fields, attendance, attitude, character, leadership, and civic contributions.

 

        Sec. 36.  Section 4, chapter 267, Laws of 1984 and RCW 28C.04.535 are each amended to read as follows:

          The Washington award for vocational excellence shall be granted annually.  The ((commission)) board shall notify the students receiving the award, their vocational instructors, local chambers of commerce, the legislators of their respective districts, and the governor, after final selections have been made.  The ((commission)) board, in conjunction with the governor's office, shall prepare appropriate  certificates to be presented to the selected students.  Awards shall be presented in public ceremonies at times and places determined by the ((commission)) board in cooperation with the office of the governor.

 

        Sec. 37.  Section 5, chapter 267, Laws of 1984 and RCW 28C.04.540 are each amended to read as follows:

          The ((commission)) board may accept any and all donations, grants, bequests, and devices, conditional or otherwise, or money, property, service, or other things of value which may be received from any federal, state, or local agency, any institution, person, firm, or corporation, public and private, to be held, used, or applied for the purposes  of the Washington award for vocational excellence program.  The ((commission)) board shall encourage maximum participation from business, labor, and community groups.  The ((commission)) board shall also coordinate, where feasible, the contribution activities of the various participants.

          The ((commission)) board shall not make expenditures from funds collected under this section until February 15, 1985.

 

        Sec. 38.  Section 8, chapter 267, Laws of 1984 and RCW 28C.04.550 are each amended to read as follows:

          The Washington award for vocational excellence shall be effective commencing with the 1984-85 academic year.  The ((commission)) state board for vocational education shall report on the program to the legislature and to the governor by January 15, 1985.  The report shall include a description of the program, a copy of any rules implementing the program, a list of the participants, and the ((commission's)) board's recommendations for any additional statutory changes needed to improve the program.

          Thereafter, the ((commission)) board shall report on the results and effectiveness of this  award program to the legislature and the governor on or before January 15 of each odd-numbered year.  The 1987 report shall include an evaluation of the effects of expanding the tuition and fee waiver period from one to two years.

 

        Sec. 39.  Section 1, chapter 349, Laws of 1977 ex. sess. and RCW 28C.50.010 are each amended to read as follows:

          For the purpose of providing needed capital improvements consisting of the planning, acquisition, construction, remodeling, furnishing and equipping of a state fire service training center for the ((commission for vocational education)) college board, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one million  dollars, or so much thereof as may be required to finance such projects, and all costs incidental thereto.  No bonds authorized by this chapter shall be offered for sale without prior legislative appropriation, and these bonds shall be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state Constitution.

 

        Sec. 40.  Section 5, chapter 349, Laws of 1977 ex. sess. and RCW 28C.50.050 are each amended to read as follows:

          The 1977 state fire service training center bond retirement fund is hereby created in the state treasury for the purpose of the payment of principal of and interest on the bonds authorized to be issued pursuant to this chapter or, if the legislature so determines, for any bonds and notes hereafter authorized and issued for the ((commission for vocational education)) college board.

          The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such bonds.  Not less than thirty days prior to the date on which any such interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the 1977 state fire service training center bond retirement fund an amount equal to the amount certified by the state finance committee to be due on such payment date.

 

        Sec. 41.  Section 1, chapter 225, Laws of 1979 ex. sess. as amended by section 1, chapter 48, Laws of 1982 1st ex. sess. and RCW 28C.51.010 are each amended to read as follows:

          For the purpose of providing needed capital improvements consisting of the planning, acquisition, construction, remodeling, furnishing and equipping of a state fire service training center for the ((commission for vocational education)) college board, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of six million dollars, or so much thereof as may be required, to finance these projects, and all costs incidental thereto.  No bonds authorized by this chapter shall be offered for sale without prior legislative appropriation, and these bonds shall be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state Constitution.

 

        Sec. 42.  Section 5, chapter 225, Laws of 1979 ex. sess. and RCW 28C.51.050 are each amended to read as follows:

          The 1977 state fire service training center bond retirement fund in the state treasury shall be used for the purpose of the payment of principal of and interest on the bonds and notes authorized under this chapter or, if the legislature so determines, for any bonds and notes hereafter authorized and issued for the ((commission for vocational education)) college board.

          The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the bonds.  Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the 1977 state fire service training center bond retirement fund an amount equal to the amount certified by the state finance committee to be due on the payment date.

 

        Sec. 43.  Section 20, chapter 87, Laws of 1980 as amended by section 21, chapter 163, Laws of 1982 and RCW 43.03.028 are each amended to read as follows:

          (1) There is hereby created a state committee on salaries to consist of seven members, or their designees, as follows:  The president of the University of Puget Sound; the president of Washington State University; the chairperson of the State Personnel Board; the president of the Association of Washington Business; the president of the Pacific Northwest Personnel Managers' Association; the president of the Washington State Bar Association; and the president of the Washington State Labor Council.  If any of the titles or  positions mentioned in this subsection are changed or abolished, any person occupying an equivalent or like  position shall be qualified for appointment by the governor to membership upon the committee.

          (2) The committee shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:

            The arts commission; the human rights commission; the board of accountancy; the board of pharmacy; the capitol historical association and museum; the eastern Washington historical society; the Washington state historical society; the interagency committee for outdoor recreation; the criminal justice training commission; the department of personnel; the state finance committee; the state library; the traffic safety commission; the horse racing commission; the ((commission)) state board for vocational education; the advisory council on vocational education; the public disclosure commission; the hospital commission; the state conservation commission; the commission on Mexican-American affairs; the commission on Asian-American affairs; the state board for volunteer firemen; the urban arterial board; the data processing authority; the public employees relations commission; the forest practices appeals board; and the energy facilities site evaluation council.

          The committee shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.

          (3) The committee shall also make a study of the duties and salaries of all state elective officials, including members of the supreme, appellate, superior, and district courts and members of the legislature and report to the governor and the president of the senate and the speaker of the house not later than sixty days prior to the convening of each regular session of the legislature during an odd-numbered year its recommendation for the salaries to be established for each position.  Copies of the committee report to the governor shall be provided to the appropriate standing committees of the house and senate upon request.

          (4) Committee members shall be reimbursed by the department of personnel for travel expenses under RCW 43.03.050 and 43.03.060.

 

        Sec. 44.  Section 17, chapter 197, Laws of 1983 and RCW 43.131.287 are each amended to read as follows:

          The commission on vocational education and its powers and duties shall be terminated on June 30, ((1986, as provided in RCW 43.131.288)) 1985.

 

        Sec. 45.  Section 1, chapter 231, Laws of 1941 as last amended by section 97, chapter 287, Laws of 1984 and RCW 49.04.010 are each amended to read as follows:

          The director of labor and industries shall appoint an apprenticeship council, composed of three representatives each from employer and employee organizations, respectively.  The terms of office of the members of the apprenticeship council first appointed by the director of labor and industries shall be as follows:  One representative each of employers and employees shall be appointed for one year, two years, and three years, respectively.  Thereafter, each member shall be appointed for a term of three years.  The governor shall appoint a public member to the apprenticeship council for a three-year term.  The appointment of the public member is subject to confirmation by the senate.  Each member shall hold office until his successor is appointed and has qualified and any vacancy shall be filled by appointment for the unexpired portion of the term.  The state official who has been designated by the ((commission)) state board for vocational education as being in charge of trade and industrial education and the state official who has immediate charge of the state public employment service shall ex officio be members of said council, without vote.  Each member of the council, not otherwise compensated by public moneys, shall be reimbursed for  travel expenses in accordance with RCW 43.03.050 and 43.03.060 and shall be compensated in accordance with RCW 43.03.240.  The apprenticeship council with the consent of employee and employer groups shall:  (1) Establish standards for apprenticeship agreements in conformity with the provisions of this chapter; (2) issue such rules and regulations as may be necessary to carry out the intent and purposes of this chapter, including a procedure to resolve an impasse should a tie vote of the council occur; and (3) perform such other duties as are hereinafter imposed.  Not less than once a year the apprenticeship council shall make a report to the director of labor and industries of its activities and findings which shall be available to the public.

 

        Sec. 46.  Section 2, chapter 231, Laws of 1941 as last amended by section 2, chapter 37, Laws of 1979 ex. sess. and RCW 49.04.030 are each amended to read as follows:

          Subject to the confirmation of the state apprenticeship council by a majority vote, the director of labor and industries shall appoint and deputize an assistant director to be known as the supervisor of apprenticeship.  Under the supervision of the director of labor and industries and with the advice and guidance of the apprenticeship council, the supervisor shall:  (1) Encourage and promote the making of apprenticeship agreements conforming to the standards established by or in accordance with this chapter, and in harmony with the policies of the United States department of labor; (2) act as secretary of the apprenticeship council and of state joint apprenticeship committees; (3) when so authorized by the apprenticeship council, register such apprenticeship agreements as are in the best interests of the apprentice and conform to the standards established by or in accordance with this chapter; (4) keep a record of apprenticeship agreements and upon performance thereof issue certificates of completion of apprenticeship; (5) terminate or cancel any apprenticeship agreements in accordance with the provisions of such agreements; and who (6) may act to bring about the settlement of differences arising out of the apprenticeship agreement where such differences cannot be adjusted locally or in accordance with the established trade procedure.

          Related and supplemental instruction for apprentices, coordination of instruction with job experiences, and the selection and training of teachers and coordinators for such instruction shall be the responsibility of the ((commission)) state board for vocational education and its local recognized agency for vocational education.  The director of labor and industries is authorized to appoint such other personnel as may be necessary to aid the apprenticeship council and the supervisor of apprenticeship in the execution of their functions under this chapter.

 

        Sec. 47.  Section 3, chapter 43, Laws of 1982 and RCW 50.38.030 are each amended to read as follows:

          The employment security department shall consult with the following agencies prior to the issuance of the state occupational forecast:

          (1) Office of financial management;

          (2) Department of commerce and economic development;

          (3) Department of labor and industries;

          (4) State board for community college education;

          (5) Superintendent of public instruction;

          (6) Department of social and health services;

          (7) ((Planning and community affairs agency)) Department of community development;

          (8) ((Commission)) State board for vocational education; and

          (9) Other state and local agencies as deemed appropriate by the commissioner of the employment security department.

          These agencies shall cooperate with the employment security department, submitting information relevant to the generation of occupational forecasts.

 

          NEW SECTION.  Sec. 48.  The following acts or parts of acts are each repealed:

                   (1) Section 3, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.030;

          (2) Section 4, chapter 174, Laws of 1975 1st ex. sess., section 3, chapter 21, Laws of 1983 1st ex. sess. and RCW 28C.04.040;

          (3) Section 5, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.050;

          (4) Section 28B.50.230, chapter 223, Laws of 1969 ex. sess., section 14, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.090;

          (5) Section 1, chapter 98, Laws of 1969 ex. sess. and RCW 28C.04.140;

          (6) Section 7, chapter 174, Laws of 1975 1st ex. sess. and RCW 28C.04.150; and

          (7) Section 43, chapter 197, Laws of 1983 and RCW 43.131.288.

 

          NEW SECTION.  Sec. 49.    RCW 28C.04.500 and 28C.04.510 are each decodified.

 

 

          NEW SECTION.  Sec. 50.  (1) RCW 28C.50.010, 28C.50.050, 28C.51.010, and 28C.51.050 , as amended by this act, are each recodified in chapter 28B.50 RCW.

(2) RCW 28C.50.020, 28C.50.030, 28C.50.040, 28C.50.060, 28C.50.900, 28C.51.020, 28C.51.030, 28C.51.040, and 28C.51.060 are each recodified in chapter 28B.50 RCW.

         

 

          NEW SECTION.  Sec. 51.    Sections 2 through 12 of this act are each added to chapter 28C.04 RCW.

 

          NEW SECTION.  Sec. 52.    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 July 1, 1985.