AN ACT Relating to higher education; amending RCW 43.131.260; creating new sections; adding a new chapter to Title 28B RCW; repealing RCW 28B.40.240, 28B.40.244, 28B.80.280, and 28B.80.290; and providing an effective date.

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

NEW SECTION. Sec. 1. (1) The state board of higher education is hereby created. For purposes of this chapter, "board" means the state board of higher education.

(2) The board shall be composed of three full-time members appointed by the governor and confirmed by the senate. The members shall serve for four-year terms and until their successors are appointed and qualified. The terms of the initial members shall be staggered. The members shall choose a chairperson.

(3) In 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 member whose office was vacant or expired.

(4) A majority of the members shall constitute a quorum.

(5) The board shall meet at the call of the chairperson, but shall meet at least quarterly.

(6) The board may adopt bylaws or rules for its own governance.

NEW SECTION. Sec. 2. The board shall employ a director to assist in the transfer of duties to the board from the council for postsecondary education. The director shall serve at the pleasure of the board, shall be the executive officer of the board, and shall, under the board's supervision, administer the provisions of this chapter.

NEW SECTION. Sec. 3. The board shall perform the following functions:

(1) Develop a state master plan for higher education, in consultation with representatives from all segments of higher education, biennially review and update, and submit the plan to the legislature;

(2) Make recommendations regarding the need for new institutions of higher education or the closure of existing ones;

(3) Establish goals and objectives for each of the institutions of higher education;

(4) Approve the creation of new degree programs and recommend the continuation, modification, consolidation, or termination of existing programs at institutions of higher education;

(5) Review and approve all proposed and existing off-campus programs at institutions of higher education, including state-funded and nonstate-funded programs;

(6) Establish residency requirements;

(7) Establish guidelines for admission standards;

(8) Establish standards for the state-wide transfer of credit;

(9) Recommend program areas of specialization;

(10) Negotiate reciprocity agreements with bordering states and the province of British Columbia;

(11) Evaluate and make recommendations regarding the operating and capital budget requests of the institutions of higher education and the community college system;

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

(13) Recommend legislation affecting higher education; and

(14) Assume all responsibilities assigned to the council for postsecondary education by the 1985 legislature.

NEW SECTION. Sec. 4. As needed, the board shall establish advisory committees composed of members representing the faculty, administration, students, and trustees or regents, of the state institutions of higher education and the private institutions of higher education.

NEW SECTION. Sec. 5. The council for postsecondary education is hereby abolished and its powers, duties, and functions are hereby transferred to the board. All references to the council for postsecondary education in the Revised Code of Washington shall be construed to mean the state board for higher education.

NEW SECTION. Sec. 6. All reports, documents, surveys, books, records, files, papers, or written material in the possession of the council for postsecondary education shall be delivered to the custody of the board. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the council for postsecondary education shall be made available to the board. All funds, credits, or other assets held by the council for postsecondary education shall be assigned to the board.

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

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. 7. (1) All classified employees of the council for postsecondary education are transferred to the jurisdiction of the board. All employees classified under chapter 41.06 RCW, the state civil service law, or chapter 28B.16 RCW, the state higher education personnel law, are assigned to the board to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

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

NEW SECTION. Sec. 8. All rules and all pending business before the council for postsecondary education shall be continued and acted upon by the board. All existing contracts and obligations shall remain in full force and shall be performed by the board.

NEW SECTION. Sec. 9. The transfer of the powers, duties, functions, and personnel of the council for postsecondary education shall not affect the validity of any act performed by such employee before the effective date of this section.

NEW SECTION. Sec. 10. If apportionments of budgeted funds are required because of the transfers directed by sections 6 through 9 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. 11. Nothing contained in sections 5 through 10 of this act may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

Sec. 12. Section 29, chapter 197, Laws of 1983 and RCW 43.131.260 are each amended to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective ((~~June 30,~~)) January 1, 1986:

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

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

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

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

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

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

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

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

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

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

(11) Section 12, chapter 277, Laws of 1969 ex. sess., section 77, chapter 34, Laws of 1975-'76 2nd ex. sess., section 65, chapter 287, Laws of 1984 and RCW 28B.80.110;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(26) Section 1, chapter 304, Laws of 1983 and RCW 28B.80.280;

(27) Section 2, chapter 304, Laws of 1983 and RCW 28B.80.290;

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

((~~(27)~~)) (29) Section 15, chapter 277, Laws of 1969 ex. sess. and RCW 28B.80.910.

NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

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

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

NEW SECTION. Sec. 14. Sections 1 through 5 of this act shall constitute a new chapter in Title 28B RCW.

NEW SECTION. Sec. 15. Sections 3 through 13 of this act shall take effect January 1, 1986.