AN ACT Relating to higher education; amending RCW 28B.10.016, 28B.10.020, 28B.10.140, 28B.15.005, 28B.19.020, 28B.25.020, 28B.25.030, 28B.25.050, 28B.30.010, 28B.35.010, 28B.35.200, 28B.35.205, 28B.80.310, 42.17.2401, and 43.79.314; reenacting and amending RCW 28B.16.020; repealing RCW 28B.25.060; and creating new sections.

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

NEW SECTION. Sec. 1. (1) The purpose of this act is to offer students from the Spokane area the opportunity to take classes from a research university while living at home in order to decrease their total costs for an education at a research university. In addition, by establishing a Spokane branch of Washington State University, the business atmosphere in the Spokane area should be improved.

(2) The intent of this act is to make use of existing facilities to provide increased educational opportunities without the additional costs of creating a new research university.

Sec. 2. Section 1, chapter 169, Laws of 1977 ex. sess. and RCW 28B.10.016 are each amended to read as follows:

For the purposes of this title:

(1) "State universities" means the University of Washington and Washington State University.

(2) "Regional universities" means Western Washington University at Bellingham((,)) and Central Washington University at Ellensburg((~~, and Eastern Washington University at Cheney~~)).

(3) "State college" means The Evergreen State College in Thurston county.

(4) "Institutions of higher education" or "postsecondary institutions" means the state universities, the regional universities, The Evergreen State College, and the community colleges.

Sec. 3. Section 28B.10.020, chapter 223, Laws of 1969 ex. sess. as last amended by section 50, chapter 370, Laws of 1985 and RCW 28B.10.020 are each amended to read as follows:

The boards of regents of the University of Washington and Washington State University, respectively, and the boards of trustees of Central Washington University, ((~~Eastern Washington University,~~)) Western Washington University, and The Evergreen State College, respectively, shall have the power and authority to acquire by exchange, gift, purchase, lease, or condemnation in the manner provided by chapter 8.04 RCW for condemnation of property for public use, such lands, real estate and other property, and interests therein as they may deem necessary for the use of said institutions respectively. However, the purchase or lease of major off-campus facilities is subject to the approval of the higher education coordinating board under RCW 28B.80.340.

Sec. 4. Section 28B.10.140, chapter 223, Laws of 1969 ex. sess. as amended by section 10, chapter 169, Laws of 1977 ex. sess. and RCW 28B.10.140 are each amended to read as follows:

The University of Washington, Washington State University, Central Washington University, ((~~Eastern Washington University,~~)) Western Washington University, and The Evergreen State College are each authorized to train teachers and other personnel for whom teaching certificates or special credentials prescribed by the state board of education are required, for any grade, level, department or position of the public schools of the state, except that the training for superintendents, over and above that required for teaching certificates and principals' credentials, shall be given by the University of Washington and Washington State University only.

Sec. 5. Section 1, chapter 279, Laws of 1971 ex. sess. as amended by section 33, chapter 169, Laws of 1977 ex. sess. and RCW 28B.15.005 are each amended to read as follows:

(1) "Colleges and universities" for the purposes of this chapter shall mean Central Washington University at Ellensburg, ((~~Eastern Washington University at Cheney,~~)) Western Washington University at Bellingham, The Evergreen State College in Thurston county, community colleges as are provided for in chapter 28B.50 RCW, the University of Washington, and Washington State University.

(2) "State universities" for the purposes of this chapter shall mean the University of Washington and Washington State University.

(3) "Regional universities" for the purposes of this chapter shall mean Central Washington University((~~, Eastern Washington University~~)) and Western Washington University.

Sec. 6. Section 2, chapter 36, Laws of 1969 ex. sess. as last amended by section 2 chapter 365, Laws of 1985 and by section 8, chapter 461, Laws of 1985 and RCW 28B.16.020 are each reenacted and amended to read as follows:

Unless the context clearly indicates otherwise, the words used in this chapter have the meaning given in this section.

(2) "Board" means the higher education personnel board established under the provisions of RCW 28B.16.060;

(3) "Related boards" means the state board for community college education and the higher education personnel board; and such other boards, councils and commissions related to higher education as may be established;

(4) "Classified service" means all positions at the institutions of higher education subject to the provisions of this chapter;

(5) "Comparable worth" means the provision of similar salaries for positions that require or impose similar responsibilities, judgments, knowledge, skills, and working conditions;

(6) "Competitive service" means all positions in the classified service for which a competitive examination is required as a condition precedent to appointment;

(7) "Noncompetitive service" means all positions in the classified service for which a competitive examination is not required;

(8) "Affirmative action" means a procedure by which racial minorities, women, persons in the protected age category, persons with disabilities, Vietnam-era veterans, and disabled veterans are provided with increased employment opportunities. It shall not mean any sort of quota system.

Sec. 7. Section 2, chapter 57, Laws of 1971 ex. sess. as last amended by section 11, chapter 324, Laws of 1981 and RCW 28B.19.020 are each amended to read as follows:

The words used in this chapter shall have the meaning given in this section, unless the context clearly indicates otherwise.

(1) "Institutions of higher education" are the University of Washington, Washington State University, Central Washington University, ((~~Eastern Washington University,~~)) Western Washington University, The Evergreen State College, the various community colleges, and the governing boards of each of the above, and the various colleges, divisions, departments, or offices authorized by the governing board of the institution involved to act for the institution, all of which are sometimes referred to in this chapter as "institutions." The various state community colleges are sometimes referred to in this chapter as "community colleges."

(2) "Rule" means any order, directive, or regulation of any institution of higher education which affects the relationship of the general public with the institution, or the relationship of particular segments of the particular educational community such as students, faculty, or other employees, with the institution or with each other, (a) the violation of which subjects a person to a penalty or administrative sanction; or (b) which establishes, alters, or revokes any procedures, practice, or requirement relating to institutional hearings; or (c) which establishes, alters, or revokes any qualification or requirement relating to the enjoyment of benefits or privileges conferred by law. The term includes the amendment or repeal of a prior rule but does not include rules, regulations, orders, statements, or policies relating primarily to the following: Standards for admission; academic advancement, academic credits, graduation and the granting of degrees; tuition and fees, scholarships, financial aids, and similar academic matters; employment relationships; fiscal processes; or matters concerning only the internal management of an institution and not affecting private rights or procedures available to the general public; and such matters need not be established by rule adopted under this chapter unless otherwise required by law.

(3) "Contested case" means a formal or informal proceeding before an institution of higher education, division, department, office, or designated official or representative thereof in which an opportunity for hearing is required by law, constitutional rights, or institutional policy, prior or subsequent to the determination by the institution of the legal rights, duties, or privileges of specific parties.

(4) "Rules review committee" or "committee" means the joint administrative rules review committee created pursuant to RCW 34.04.210 for the purpose of selectively reviewing existing and proposed rules of institutions of higher education.

Sec. 8. Section 98, chapter 370, Laws of 1985 and RCW 28B.25.020 are each amended to read as follows:

(1) The joint center for higher education shall coordinate all undergraduate and graduate degree programs, and all other seminars, courses, and programs of any type offered in the Spokane area by Washington State University ((~~and by Eastern Washington University outside of its Cheney campus~~)). The joint center for higher education shall not coordinate the intercollegiate center for nursing.

(2) The joint center for higher education shall coordinate the following higher education activities in the Spokane area ((~~outside of the Eastern Washington University Cheney campus~~)):

(a) Articulation between lower division and upper division programs;

(b) The participation of Washington State University in its joint engineering program with Gonzaga University and in its joint engineering management program with ((~~Eastern Washington University and~~)) Gonzaga University; and

(3) The participating institutions in the joint center for higher education shall maintain jurisdiction over the content of the course offerings and the entitlement to degrees.

(4) Disputes regarding which programs are to be coordinated by the joint center for higher education shall be arbitrated by the ((~~council for postsecondary education or its successor agency~~)) higher education coordinating board. The decision of the arbitrating agency shall be binding.

Sec. 9. Section 99, chapter 370, Laws of 1985 and RCW 28B.25.030 are each amended to read as follows:

(1) The joint center for higher education shall be administered by a board consisting of:

(a) Two representatives of ((~~Eastern Washington University~~)) Washington State University at Spokane appointed by the board of ((~~trustees~~)) regents;

(b) Two representatives of Washington State University appointed by the board of regents;

(c) One representative of the community colleges in the Spokane area appointed by the board of trustees of the Spokane community college district; and

(d) Two citizens residing in Spokane county. The governor, with the consent of the senate, shall appoint the initial members, one for a two-year term and one for a four-year term. Subsequent citizen board members shall be appointed for four-year terms by the remaining voting members of the board.

(2) The executive coordinator or designee of the ((~~council for postsecondary education or its successor agency~~)) higher education coordinating board shall serve as a nonvoting member of the board.

(3) Each of the ((~~seven~~)) five voting members shall have one vote. The voting members shall select a chairperson. A majority of the voting members shall constitute a quorum for conducting business.

Sec. 10. Section 101, chapter 370, Laws of 1985 and RCW 28B.25.050 are each amended to read as follows:

Washington State University ((~~and Eastern Washington University~~)) shall ((~~each~~)) allocate at least fifty thousand dollars per year to implement RCW 28B.25.010 through ((~~28B.25.060~~)) 28B.25.040. The board shall contract for financial and personnel services, or provide such services through other means as agreed upon by the board.

Sec. 11. Section 28B.30.010, chapter 223, Laws of 1969 ex. sess. and RCW 28B.30.010 are each amended to read as follows:

The state university located and established in Pullman, Whitman county and in Cheney, Spokane county, shall be designated Washington State University.

Sec. 12. Section 44, chapter 169, Laws of 1977 ex. sess. and RCW 28B.35.010 are each amended to read as follows:

The regional universities shall be located and designated as follows: At Bellingham, Western Washington University; ((~~at Cheney, Eastern Washington University;~~)) at Ellensburg, Central Washington University.

Sec. 13. Section 50, chapter 169, Laws of 1977 ex. sess. and RCW 28B.35.200 are each amended to read as follows:

The degree of bachelor of arts or the degree of bachelor of science and/or the degree of bachelor of arts in education may be granted to any student who has completed a four-year course of study or the equivalent thereof in Central Washington University((~~, Eastern Washington University,~~)) or Western Washington University.

Sec. 14. Section 4, chapter 14, Laws of 1979 as amended by section 84, chapter 370, Laws of 1985 and RCW 28B.35.205 are each amended to read as follows:

In addition to all other powers and duties given to them by law, Central Washington University((~~, Eastern Washington University,~~)) and Western Washington University are hereby authorized to grant any degree through the master's degree to any student who has completed a program of study and/or research in those areas which are determined by the faculty and board of trustees of the college to be appropriate for the granting of such degree: PROVIDED, That before any degree is authorized under this section it shall be subject to the review and approval of the higher education coordinating board.

Sec. 15. Section 2, chapter 370, Laws of 1985 and RCW 28B.80.310 are each amended to read as follows:

For the purposes of this chapter:

(1) "Board" means the higher education coordinating board; and

(2) "Four-year institutions" means the University of Washington, Washington State University, Central Washington University, ((~~Eastern Washington University,~~)) Western Washington University, and The Evergreen State College.

Sec. 16. Section 2, chapter 34, Laws of 1984 as amended by section 8, chapter 6, Laws of 1985 and RCW 42.17.2401 are each amended to read as follows:

For the purposes of RCW 42.17.240, the term "executive state officer" includes:

(1) The chief administrative law judge, the director of financial management, the director of personnel, the director of community development, the director of the state system of community colleges, the executive director of the data processing authority, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of the higher education personnel board, the secretary of transportation, the executive secretary of the horse racing commission, the executive secretary of the human rights commission, the administrator of the interagency committee for outdoor recreation, the director of parks and recreation, the executive secretary of the board of prison terms and paroles, the administrator of the public disclosure commission, the director of retirement systems, the secretary of the utilities and transportation commission, the executive secretary of the board of tax appeals, the secretary of the state finance committee, the president of each of the regional and state universities and the president of The Evergreen State College, each district and each campus president of each state community college;

(2) Each professional staff member of the office of the governor;

(3) Each professional staff member of the legislature; and

(4) Each member of the state board for community college education, data processing authority, forest practices board, forest practices appeals board, gambling commission, game commission, higher education personnel board, transportation commission, horse racing commission, human rights commission, board of industrial insurance appeals, liquor control board, interagency committee for outdoor recreation, parks and recreation commission, personnel board, personnel appeals board, board of prison terms and paroles, public disclosure commission, public employees' retirement system board, public pension commission, University of Washington board of regents, Washington State University board of regents, board of tax appeals, teachers' retirement system board of trustees, Central Washington University board of trustees, ((~~Eastern Washington University board of trustees,~~)) The Evergreen State College board of trustees, Western Washington University board of trustees, board of trustees of each community college, state housing finance commission, and the utilities and transportation commission.

Sec. 17. Section 43.79.314, chapter 8, Laws of 1965 as amended by section 107, chapter 169, Laws of 1977 ex. sess. and RCW 43.79.314 are each amended to read as follows:

No revenue from any source other than the general fund, which, except for the provisions hereof, would have been paid into the Eastern College fund, shall be used for any purpose except the support of ((~~the Eastern~~)) Washington State University (formerly Eastern Washington ((~~State College~~)) University).

NEW SECTION. Sec. 18. Eastern Washington University is hereby abolished and its powers, duties, and functions are hereby transferred to the campus of Washington State University at Spokane. All references to Eastern Washington University in the Revised Code of Washington shall be construed to mean Washington State University.

NEW SECTION. Sec. 19. All reports, documents, surveys, books, records, files, papers, or written material in the possession of Eastern Washington University shall be delivered to the custody of Washington State University. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by Eastern Washington University shall be made available to Washington State University. All funds, credits, or other assets held by Eastern Washington University shall be assigned to the campus of Washington State University at Spokane.

Any appropriations made to Eastern Washington University shall, on the effective date of this section, be transferred and credited to the campus of Washington State University at Spokane.

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. 20. All employees of Eastern Washington University are transferred to the jurisdiction of Washington State University. All employees classified under chapter 28B.16 RCW, the state higher education personnel law, and nonsupervisory instructional personnel are assigned to Washington State University 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 higher education personnel.

NEW SECTION. Sec. 21. All rules and all pending business before Eastern Washington University shall be continued and acted upon by Washington State University. All existing contracts and obligations shall remain in full force and shall be performed by Washington State University.

NEW SECTION. Sec. 22. The transfer of the powers, duties, functions, and personnel of Eastern Washington University shall not affect the validity of any act performed before the effective date of this section.

NEW SECTION. Sec. 23. If apportionments of budgeted funds are required because of the transfers directed by sections 19 through 22 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. 24. Nothing contained in sections 18 through 23 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. 25. Section 102, chapter 370, Laws of 1985 and RCW 28B.25.060 are each repealed.