Passed by the House April 18, 1991

Yeas 91 Nays 0

JOE KING

Speaker of the

House of Representatives

Passed by the Senate April 18, 1991

Yeas 39 Nays 2

JOEL PRITCHARD

President of the Senate

Approved May 16, 1991

BOOTH GARDNER

Governor of the State of Washington

CERTIFICATE

I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2198 as passed by the House of Representatives and the Senate on the dates hereon set forth.

ALAN THOMPSON Chief Clerk

FILED

May 16, 1991 - 10:14 a.m.

Secretary of State

State of Washington

AN ACT Relating to the joint center for higher education; amending RCW 28B.10.060, 28B.25.010, 28B.25.020, 28B.25.030, 28B.25.040, 28B.25.050, and 28B.45.050; adding new sections to chapter 28B.25 RCW; repealing RCW 28B.25.060; providing an effective date; and declaring an emergency.

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

Sec. 1. RCW 28B.10.060 and 1989 1st ex.s. c 7 s 10 are each amended to read as follows:

(1) The Spokane intercollegiate research and technology institute is hereby created.

(2) The institute shall be operated and administered as a multi-institutional education and research center, housing appropriate programs conducted in Spokane under the authority of Washington State University, Eastern Washington University, and the community colleges of Spokane. Gonzaga University and Whitworth College may participate as full partners in any academic and research activities of the institute. ((~~Washington State University shall act as administrative and fiscal agent for the institute.~~

~~(3) The institute shall be operated and administered through a cooperative arrangement of the institutions of higher education participating in the institute.~~

~~(4)~~)) (3) The institute shall house education and research programs specifically designed to meet the needs of the greater Spokane area.

((~~(5)~~)) (4) The coordination of programs and activities at the institute shall be subject to the authority of the ((~~Spokane~~)) joint center for higher education under RCW 28B.25.020. The institute shall be administered by the joint center.

((~~(6)~~)) (5) The establishment of any education or research programs at the institute and the lease, purchase, or construction of any site or facility for the institute shall be subject to the approval of the higher education coordinating board pursuant to RCW 28B.80.340.

(6) All cabinets, furniture, office equipment, other tangible property acquired by Washington State University for the institute, all funds, credits, or other assets held by Washington State University for the institute shall be assigned to the joint center for higher education.

Sec. 2. RCW 28B.25.010 and 1985 c 370 s 97 are each amended to read as follows:

((~~Washington State and Eastern Washington Universities shall establish, in cooperation with the council for postsecondary education or its successor agency,~~)) A joint center for higher education is hereby established. The center shall be located in Spokane ((~~on or before January 1, 1986~~)).

Sec. 3. RCW 28B.25.020 and 1989 1st ex.s. c 7 s 11 are each amended to read as follows:

(1) The joint center shall have authority over all fiscal activities related to the land and facilities known as the Spokane higher education park subject to the approval of the higher education coordinating board pursuant to RCW 28B.80.330 through 28B.80.350.

(2) The joint center for higher education shall coordinate all ((~~undergraduate~~)) baccalaureate 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)~~)) (3) 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 and Eastern Washington University in ((~~its~~)) joint ((~~engineering~~)) programs with Gonzaga University and Whitworth College and in ((~~its~~)) joint ((~~engineering management~~)) programs with ((~~Eastern Washington University and Gonzaga University~~)) each other;

(d) Programs offered through the intercollegiate research and technology institute created by RCW 28B.10.060.

((~~(3)~~)) (4) 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. However, before any degree is authorized under this section it shall be subject to review and approval of the higher education coordinating board.

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

(5) The joint center shall develop a master plan for the Spokane higher education park. The plan shall be developed in cooperation with the participating institutions and submitted to the higher education coordinating board, legislature, and office of financial management.

(6) The joint center shall adopt rules as necessary to implement this chapter.

(7) Title to or all interest in real estate and other assets, including but not limited to assignable contracts, cash, equipment, buildings, facilities, and appurtenances thereto held as of the effective date of this section shall vest in the joint center for higher education.

Sec. 4. RCW 28B.25.030 and 1985 c 370 s 99 are each amended to read as follows:

(1) The joint center for higher education shall be ((~~administered~~)) governed by a board consisting of the following twelve voting members:

(a) ((~~Two representatives~~)) One member of the Eastern Washington University ((~~appointed by the~~)) board of trustees;

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

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

(d) ((~~Two~~)) Six 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.)) Of the six citizen members, no more than two may be regents or trustees of Eastern Washington University, Washington State University, or the Spokane community college district; and

(e) The presidents of Washington State University and Eastern Washington University, and the chief executive officer of the Spokane community college district shall serve as ex officio members of the board.

(2) The executive ((~~coordinator or designee of the council for postsecondary education or its successor agency~~)) director of the higher education coordinating board, the president of Gonzaga University, and the president of Whitworth College shall serve as ((a)) nonvoting ex officio members of the board.

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

NEW SECTION. Sec. 5. A new section is added to chapter 28B.25 RCW to read as follows:

Nine members of the board shall be appointed by the governor and approved by the senate. The appointed members of the board shall serve for terms of four years, the terms expiring on September 30th of the fourth year except that, in the case of initial members, three shall be appointed to two-year terms, three shall be appointed to three-year terms, and three shall be appointed to four-year terms. The term of any board member who is a trustee or regent shall automatically expire when the member's term as trustee or regent expires.

NEW SECTION. Sec. 6. A new section is added to chapter 28B.25 RCW to read as follows:

A vacancy among appointed board members shall be filled by the governor subject to confirmation by the senate then in session, or, if not in session, at the next session. Board members appointed under this section shall have full authority to act as a board member prior to the time the senate acts on the member's confirmation. Appointments to fill vacancies shall be only for such terms as remain unexpired.

Sec. 7. RCW 28B.25.040 and 1985 c 370 s 100 are each amended to read as follows:

The board of the joint center for higher education shall hire a director who may hire other staff under chapter 28B.16 RCW as necessary to carry out the center's duties. ((~~The director shall have the status of resident dean at the center and of dean at both Washington State and Eastern Washington Universities.~~)) The director shall exercise such additional powers, other than rule making, as may be delegated by the board by resolution.

Sec. 8. RCW 28B.25.050 and 1985 c 370 s 101 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.~~)) The board shall have authority to contract for ((~~financial and personnel~~)) services((~~, or provide such services through other means as agreed upon by the board~~)) as deemed appropriate to carry out its functions. Such services shall include, but not be limited to, facilities and project management, grants and contract development and monitoring, personnel services, and accounting.

NEW SECTION. Sec. 9. A new section is added to chapter 28B.25 RCW to read as follows:

The board is authorized to receive and expend federal funds and any private gifts or grants to further the purpose of the center. The funds are to be expended in accordance with federal and state law and any conditions contingent in the grant of those funds.

NEW SECTION. Sec. 10. A new section is added to chapter 28B.25 RCW to read as follows:

Washington State University is authorized to represent state interests in acquiring additional property at the site known as the Riverpoint higher education park. This authority will transfer to the joint center for higher education upon the first meeting held by the joint center board.

Sec. 11. RCW 28B.45.050 and 1989 1st ex.s. c 7 s 6 are each amended to read as follows:

Washington State University and Eastern Washington University are responsible for providing upper-division and graduate level programs to the citizens of the Spokane area, under rules or guidelines adopted by the joint center for higher education. However, before any degree is authorized under this section it shall be subject to the review and approval of the higher education coordinating board. Washington State University shall meet its responsibility through the operation of a branch campus in the Spokane area. Eastern Washington University shall meet its responsibility through the operation of ((~~collocated~~)) programs and facilities in Spokane.

NEW SECTION. Sec. 12. RCW 28B.25.060 and 1985 c 370 s 102 are each repealed.

NEW SECTION. Sec. 13. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.