S-629                 _______________________________________________

 

                                                   SENATE BILL NO. 3546

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senators Guess, Stratton, Benitz, Goltz, Rasmussen, Metcalf and Lee

 

 

Read first time 2/4/85 and referred to Committee on Education.

 

 


AN ACT Relating to higher education; adding new sections to chapter 28B.10 RCW; creating new sections; and making an appropriation.

 

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

 

          NEW SECTION.  Sec. 1.     This act shall be known as the Consortium Act of 1985.

 

          NEW SECTION.  Sec. 2.     The legislature finds that it is in the public interest to encourage and enhance coordination, cooperation, and joint planning among higher educational institutions.  It shall be state policy to facilitate inter-institutional coordination, planning, and cooperative arrangements to avoid program duplication and make efficient use of educational facilities, including contracting with independent institutions.  The legislature intends that contract payments constitute reimbursement for expenses incurred by the independent institutions of higher education and shall not constitute maintenance or support of such establishments.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 28B.10 RCW to read as follows:

          Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 4 through 10 of this act:

          (1) "Nonprofit educational corporation" means a corporation established under the nonprofit corporation laws, chapter 24.03 RCW, by two or more postsecondary accredited public or independent educational institutions or both located in the state of Washington.  The authority extended to the corporations shall not exceed the authority granted to the respective participating institutions by law.  The corporations shall be considered independent from the participating institutions, and their powers and duties limited to activities specified within the applicable articles of incorporation.

          (2) "Consortium" means an association established by two or more postsecondary accredited public or independent educational institutions, or both, located in the state of Washington.  The authority extended to such consortia shall not exceed the authority granted to the participating institutions by law.  The consortia shall be considered an adjunct of the participating institutions, but limited to activities specified within the applicable consortia agreements.

          (3) "Institute" or "center" means an organization established by nonprofit educational corporations or consortia to provide educational programs or services.

 

          NEW SECTION.  Sec. 4.  A new section is added to chapter 28B.10 RCW to read as follows:

          Educational nonprofit corporations or consortia may be established jointly by two or more accredited public or independent postsecondary institutions to coordinate the respective responsibilities of the institutions in the furtherance of meeting the educational needs of a region of the state.

 

          NEW SECTION.  Sec. 5.  A new section is added to chapter 28B.10 RCW to read as follows:

          The articles of incorporation for an educational nonprofit corporation or the consortium agreement shall provide for one regent or trustee from each participating institution and one representative from the administration of each participating institution to be members.

 

          NEW SECTION.  Sec. 6.  A new section is added to chapter 28B.10 RCW to read as follows:

          The articles of incorporation for an educational nonprofit corporation or the consortium agreement shall contain provisions authorizing the corporation or consortium to establish institutes, centers, or other arrangements for the purposes of joint instruction program offerings and other educational activities as authorized by enabling legislation, articles of incorporation, or consortium agreements.  Members of an institute may include persons from advisory bodies representative of the participating interested civic, governmental, business, labor, and service organizations as appropriate to carry out the purposes of the institute.

 

          NEW SECTION.  Sec. 7.  A new section is added to chapter 28B.10 RCW to read as follows:

          A citizen's advisory committee is established to advise educational nonprofit corporations or consortia established under sections 3 through 10 of this act.  The committee shall consist of twenty-one members chosen by the governor.  Of the members first appointed, seven shall be appointed for one-year terms, seven for two-year terms, and seven for three-year terms.  Thereafter, all members shall be appointed for three-year terms.  Members of the committee shall receive no compensation, but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

 

          NEW SECTION.  Sec. 8.  A new section is added to chapter 28B.10 RCW to read as follows:

          An institute or center authorized under section 6 of this act may apply for and receive grants, gifts, and contributed services consistent with its purposes.  The sponsoring consortium shall designate a state institution of higher education to function as agent of record for the receipt and expenditure of institute or center funds.  The institute or center may charge fees for the services or educational programs provided.

 

          NEW SECTION.  Sec. 9.  A new section is added to chapter 28B.10 RCW to read as follows:

          Degree programs or educational services, funded in whole or in part with state funds, shall not be offered through an institute or center unless the review and recommendation of the council for postsecondary education has been obtained.

 

          NEW SECTION.  Sec. 10.  A new section is added to chapter 28B.10 RCW to read as follows:

          An independent postsecondary accredited institution participating as a member of an institute or center, as authorized by section 4 of this act, may join with a state institution of higher education to offer programs sponsored by an institute or center.  The independent institution, through contracts with the institute or center, may be reimbursed for costs of approved courses and programs taken by residents, as defined in RCW 28B.15.012, not to exceed the state-funded projected costs of such programs if offered solely by a state institution of higher education.

 

          NEW SECTION.  Sec. 11.    There is appropriated from the general fund the sum of one hundred thousand dollars or so much thereof as may be necessary to Washington State University for a needs assessment and planning by the Spokane Higher Education Consortium for an institute of engineering and technology.  The Spokane Higher Education Consortium shall direct the project, with Washington State University serving as agent of record for this appropriation.

 

          NEW SECTION.  Sec. 12.    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.