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AN ACT Relating to higher education; adding a new section to chapter 28B.10 RCW; adding a new chapter to Title 28B RCW; creating new sections; repealing RCW 28B.20.100, 28B.20.105, 28B.20.110, 28B.20.130, 28B.30.100, 28B.30.120, 28B.30.125, 28B.30.130, 28B.30.135, 28B.30.150, 28B.35.100, 28B.35.105, 28B.35.110, 28B.35.120, 28B.40.100, 28B.40.105, 28B.40.110, 28B.40.120, 28B.80.110, 28B.80.150, 28B.80.160, 28B.80.170, 28B.80.180, 28B.80.200, 28B.80.210, 28B.80.230, 28B.80.240, 28B.80.245, 28B.80.246, 28B.80.255, 28B.80.256, 28B.80.265, 28B.80.280, 28B.80.290, 28B.80.300, 28B.80.310, 28B.80.320, 28B.80.330, 28B.80.340, 28B.80.350, 28B.80.360, 28B.80.370, 28B.80.380, 28B.80.390, 28B.80.400, 28B.80.410, 28B.80.420, 28B.80.430, 28B.80.440, 28B.80.450, 28B.80.500, 28B.80.510, 28B.80.520, 28B.80.550, 28B.80.555, 28B.80.570, 28B.80.575, 28B.80.580, 28B.80.585, 28B.80.600, 28B.80.610, 28B.80.612, 28B.80.614, 28B.80.616, 28B.80.800, 28B.80.801, 28B.80.802, 28B.80.803, 28B.80.910, 28B.80.911, 28B.80.912, 28C.18.005, 28C.18.010, 28C.18.020, 28C.18.030, 28C.18.040, 28C.18.050, and 28C.18.060; providing effective dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. This act shall be known as the higher education consolidation act.

NEW SECTION. Sec. 2. The legislature finds that Washington needs to reexamine and transform the way higher education programs and services are delivered. Washington's adult citizens face significant challenges in the coming years as they strive to meet the challenge of an increasingly complex world. One arena that poses a major challenge is Washington's economy. It is in the process of a radical transformation from an economy heavily dependent on natural resources to an economy that depends increasingly on the strength of international trade, technology industries, and other emerging new businesses. Successful economic transformations will require an educated populace, able to compete in a technologically complex world. Yet, during the 1980's and 1990's, enrollments in Washington's public baccalaureate institutions have been strictly controlled. Currently, Washington ranks second to last nationally in the percentage of its citizens who have an opportunity to enroll in a public baccalaureate college or university in the state. By the year 2010, high school graduation classes in Washington will grow by fifty percent above the number of students graduating in 1995. Yet, the state has not yet made a commitment to providing enrollment opportunities for those new high school graduates. Failure to provide postsecondary educational opportunities for those graduates may well restrict their future earning power as well as the state's economic health.

The legislature finds that Washington needs to find a way to increase access to colleges and universities in a cost-effective manner. Washington can no longer afford extensive program duplications, low faculty-to-student ratios, modest faculty teaching loads in some academic departments, and the amount of funding devoted to administrative functions at public colleges and universities. In order to assist the institutions to meet the challenges facing higher education, the legislature intends to revise the governance structure of the public baccalaureate college and universities. The legislature further intends to create a consolidated governing board for those institutions. The consolidated governing board will be able to reduce unnecessary program duplications, increase the average teaching loads of faculty members, prove the average amount of time needed to obtain a degree, reduce administrative overhead, and advocate for the needs of the baccalaureate system. The institutions will be able to concentrate on meeting the needs of students and of members of the communities served by the institutions. To assist the board in its work, the legislature intends to reduce administrative requirements placed on the institutions by state agencies and to provide a budgeting method that includes incentive funding and performance based budgeting procedures.

NEW SECTION. Sec. 3. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Board" means the board of regents of the Washington state college and university system.

(2) "System" means the Washington state college and university system.

NEW SECTION. Sec. 4. The Washington state college and university system is created. The system shall include, but need not be limited to: The University of Washington, Washington State University, Central Washington University, Eastern Washington University, The Evergreen State College, Western Washington University, and the branch campuses and extension centers of each of the universities and the state college.

NEW SECTION. Sec. 5. The governance of the Washington state college and university system shall be vested in a board of regents consisting of nineteen members. Members shall be appointed by the governor with the consent of the senate, and shall hold their offices for a term of six years from the first day of October and until their successors are appointed and qualified. Eighteen members of the board shall be selected based on the congressional district in which they reside as follows: Two members shall be selected from each congressional district. Ten members of the board shall constitute a quorum for the transaction of business. In the 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 regent whose office has become vacant or expired. No more than the terms of three members may expire simultaneously on the last day of September in any one year.

NEW SECTION. Sec. 6. The board may organize by electing from its membership a president and an executive committee. If an executive committee is appointed, the president shall be ex officio chair. The board may adopt bylaws or rules for its own government. The board shall hold regular meetings, at least quarterly, and during the interim between such meetings the executive committee may transact business for the whole board. The executive committee may call special meetings of the whole board when such action is deemed necessary.

NEW SECTION. Sec. 7. (1) The board shall ensure that a record of all board proceedings is carefully preserved.

(2) The board may appoint a secretary and a treasurer who shall hold their respective offices during the pleasure of the board and carry out such respective duties as the board prescribes.

(3) If appointed, the treasurer shall give bond for the faithful performance of the duties of his or her office in such amount as the regents may require. The university shall pay the fee for such bond.

NEW SECTION. Sec. 8. The general powers and duties of the board shall be as follows:

(1) To have full control of the system and its money and property of various kinds, except as otherwise provided by law;

(2) To employ a chancellor for the system, a chief operating officer or president for each campus of the system, assistants, members of the faculty, and employees of each institution of higher education, who except as otherwise provided by law, shall hold their positions during the pleasure of the board;

(3) To establish entrance requirements for students seeking admission to each campus of the system. The requirements shall meet or exceed the standards specified under RCW 28B.80.350(2). Completion of examinations satisfactory to the board may be a prerequisite for entrance by any applicant at the board's discretion. Evidence of completion of public high schools and other educational institutions whose courses of study meet the approval of the board may be acceptable for entrance;

(4) To establish such colleges, schools, or departments necessary to carry out the purposes of the system and not otherwise proscribed by law;

(5) With the assistance of the faculty of the system, to prescribe the course of study in the various colleges, schools, and departments of each campus of the system and publish the necessary catalogues thereof;

(6) To grant to students such certificates or degrees as recommended for such students by the faculty. The board, upon recommendation of the faculty, may also confer honorary degrees upon persons other than graduates of the system in recognition of their learning or devotion to literature, art, or science, however no degree may ever be conferred in consideration of the payment of money or the giving of property of whatsoever kind;

(7) To accept such gifts, grants, conveyances, bequests, and devises, whether real or personal property, or both, in trust or otherwise, for the use or benefit of the system, its campuses, its colleges, schools, departments, or agencies; and sell, lease or exchange, invest, or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms of the gifts, grants, conveyances, bequests, and devises. The board shall adopt proper rules to govern and protect the receipt and expenditure of the proceeds of all fees, and the proceeds, rents, profits, and income of all gifts, grants, conveyances, bequests, and devises accepted under this subsection, and shall make full report of the same in the customary biennial report to the governor and members of the legislature, or more frequently if required by law;

(8) Except as otherwise provided by law, to enter into such contracts as the regents deem essential to the purposes of the system and its campuses;

(9) To submit upon request such reports as will be helpful to the governor and to the legislature in providing for the system; and

(10) Subject to the approval of the higher education coordinating board pursuant to RCW 28B.80.340, to offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.

NEW SECTION. Sec. 9. In addition to the duties in sections 6 through 8 of this act, the board shall have the following additional duties for Washington State University and its branch campuses:

(1) To collect such information as the board deems desirable as to the schemes of technical instruction adopted in other parts of the United States and foreign countries;

(2) To provide for holding agricultural institutes including farm marketing forums;

(3) To provide that instruction, as far as practicable, be conveyed by means of laboratory work and provide one or more physical, chemical, and biological laboratories, and suitably furnish and equip the laboratories;

(4) To provide training in military tactics for those students electing to participate in military tactics;

(5) To establish a department of elementary science and in connection therewith provide instruction in elementary mathematics, including elementary trigonometry, elementary mechanics, elementary and mechanical drawing, and land surveying;

(6) To establish a department of agriculture and in connection therewith provide instruction in physics with special application of its principles to agriculture, chemistry with special application of its principles to agriculture, morphology and physiology of plants with special reference to common grown crops and fungus enemies, morphology and physiology of the lower forms of animal life, with special reference to insect pests, morphology and physiology of the higher forms of animal life and in particular of the horse, cow, sheep, and swine, agriculture with special reference to the breeding and feeding of livestock and the best mode of cultivation of farm produce, and mining and metallurgy, appointing demonstrators in each of these subjects to superintend the equipment of a laboratory and to give practical instruction therein;

(7) To establish agricultural experiment stations in connection with the department of agriculture, including at least one in the western portion of the state, and appoint the officers and prescribe rules for their management;

(8) To receive and expend the money appropriated under the act of congress approved May 8, 1914, entitled "An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of the Act of Congress approved July 2, 1862, and Acts supplemental thereto and the United States Department of Agriculture" and organize and conduct agricultural extension work in accordance with the terms and conditions expressed in the acts of congress;

(9) To acquire by lease, gift, or otherwise, lands necessary to further the work of the system or for experimental or demonstrational purposes;

(10) To establish and maintain at least one agricultural experiment station in an irrigation district to conduct investigational work upon the principles and practices of irrigational agriculture including the use of water and its relation to soil types, crops, climatic conditions, ditch and drain construction, fertility investigations, plant disease, insect pests, marketing, farm management, use of fruit byproducts, and general development of agriculture under irrigation conditions;

(11) To supervise and control the agricultural experiment station at Puyallup;

(12) To establish and maintain at Wenatchee an agricultural experiment substation for the purpose of conducting investigational work upon the principles and practices of orchard culture, spraying, fertilization, pollenization, new fruit varieties, fruit diseases and pests, byproducts, marketing, management, and general horticultural problems; and

(13) To construct when the board so determines a new foundry and a mining, physical, technological building and fabrication shop, or add to the present foundry and other buildings, in order that both instruction and research be expanded to include permanent molding and die casting with a section for new fabricating techniques, especially for light metals, including magnesium and aluminum; purchase equipment for the shops and laboratories in mechanical, electrical, and civil engineering; establish a pilot plant for the extraction of alumina from native clays and other possible light metal research; purchase equipment for a research laboratory for technological research generally; and purchase equipment for research in electronics, instrumentation, energy sources, plastics, food technology, mechanics of materials, hydraulics, and similar fields.

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

(1) The governing boards of the University of Washington, Washington State University, the regional universities, and The Evergreen State College are hereby abolished and their powers, duties, and functions are hereby transferred to the board of regents of the Washington state college and university system. All references to the trustees, regents, or the governing boards of the University of Washington, Washington State University, the regional universities, and The Evergreen State College in the Revised Code of Washington shall be construed to mean the board of regents of the Washington state college and university system.

(2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the governing boards of the University of Washington, Washington State University, the regional universities, and The Evergreen State College shall be delivered to the custody of the board of regents of the Washington state system. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the governing boards of the University of Washington, Washington State University, the regional universities, and The Evergreen State College shall be made available to the board of regents of the Washington state college and university system. All funds, credits, or other assets held by the governing boards of the University of Washington, Washington State University, the regional universities, and The Evergreen State College shall be assigned to the board of regents of the Washington state college and university system.

(b) Any appropriations made to the governing boards of the University of Washington, Washington State University, the regional universities, and The Evergreen State College shall, on the effective date of this section, be transferred and credited to the board of regents of the Washington state college and university system.

(c) If 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.

(3) All employees of the governing boards of the University of Washington, Washington State University, the regional universities, and The Evergreen State College are transferred to the jurisdiction of the board of regents of the Washington state college and university system. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the board of regents of the Washington state college and university system 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.

(4) All rules and all pending business before the governing boards of the University of Washington, Washington State University, the regional universities, and The Evergreen State College shall be continued and acted upon by the board of regents of the Washington state college and university system. All existing contracts and obligations shall remain in full force and shall be performed by the board of regents of the Washington state college and university system.

(5) The transfer of the powers, duties, functions, and personnel of the governing boards of the University of Washington, Washington State University, the regional universities, and The Evergreen State College shall not affect the validity of any act performed before the effective date of this section.

(6) If apportionments of budgeted funds are required because of the transfers directed by this section, 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.

(7) Nothing contained in this section 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. 11. The Washington state college and university system shall have no more than one full-time equivalent position assigned to perform governmental relations functions.

NEW SECTION. Sec. 12. The following acts or parts of acts are each repealed:

(1) RCW 28B.20.100 and 1985 c 61 s 1, 1979 ex.s. c 103 s 2, 1973 c 62 s 7, & 1969 ex.s. c 223 s 28B.20.100;

(2) RCW 28B.20.105 and 1969 ex.s. c 223 s 28B.20.105;

(3) RCW 28B.20.110 and 1969 ex.s. c 223 s 28B.20.110;

(4) RCW 28B.20.130 and 1985 c 370 s 92, 1977 c 75 s 20, & 1969 ex.s. c 223 s 28B.20.130;

(5) RCW 28B.30.100 and 1985 c 61 s 2, 1979 ex.s. c 103 s 3, 1973 c 62 s 10, & 1969 ex.s. c 223 s 28B.30.100;

(6) RCW 28B.30.120 and 1979 ex.s. c 103 s 6 & 1969 ex.s. c 223 s 28B.30.120;

(7) RCW 28B.30.125 and 1969 ex.s. c 223 s 28B.30.125;

(8) RCW 28B.30.130 and 1969 ex.s. c 223 s 28B.30.130;

(9) RCW 28B.30.135 and 1969 ex.s. c 223 s 28B.30.135;

(10) RCW 28B.30.150 and 1985 c 370 s 93, 1977 c 75 s 21, 1973 1st ex.s. c 154 s 47, & 1969 ex.s. c 223 s 28B.30.150;

(11) RCW 28B.35.100 and 1985 c 137 s 1, 1979 ex.s. c 103 s 4, & 1977 ex.s. c 169 s 45;

(12) RCW 28B.35.105 and 1977 ex.s. c 169 s 46;

(13) RCW 28B.35.110 and 1977 ex.s. c 169 s 47;

(14) RCW 28B.35.120 and 1985 c 370 s 94 & 1977 ex.s. c 169 s 48;

(15) RCW 28B.40.100 and 1985 c 137 s 2, 1979 ex.s. c 103 s 5, 1977 ex.s. c 169 s 65, 1973 c 62 s 11, & 1969 ex.s. c 223 s 28B.40.100;

(16) RCW 28B.40.105 and 1977 ex.s. c 169 s 66 & 1969 ex.s. c 223 s 28B.40.105;

(17) RCW 28B.40.110 and 1977 ex.s. c 169 s 67 & 1969 ex.s. c 223 s 28B.40.110;

(18) RCW 28B.40.120 and 1985 c 370 s 95, 1977 ex.s. c 169 s 68, & 1969 ex.s. c 223 s 28B.40.120

(19) RCW 28B.80.110 and 1985 c 370 s 16, 1984 c 287 s 65, 1975-'76 2nd ex.s. c 34 s 77, & 1969 ex.s. c 277 s 12;

(20) RCW 28B.80.150 and 1985 c 370 s 17 & 1974 ex.s. c 4 s 3;

(21) RCW 28B.80.160 and 1985 c 370 s 18 & 1974 ex.s. c 4 s 4;

(22) RCW 28B.80.170 and 1985 c 370 s 19 & 1974 ex.s. c 4 s 5;

(23) RCW 28B.80.180 and 1989 c 306 s 2;

(24) RCW 28B.80.200 and 1985 c 370 s 20 & 1975 1st ex.s. c 132 s 9;

(25) RCW 28B.80.210 and 1985 c 370 s 21 & 1975 1st ex.s. c 132 s 12;

(26) RCW 28B.80.230 and 1985 c 370 s 22 & 1975 1st ex.s. c 132 s 14;

(27) RCW 28B.80.240 and 1985 c 370 s 23 & 1975 1st ex.s. c 132 s 15;

(28) RCW 28B.80.245 and 1990 c 33 s 560 & 1988 c 210 s 1;

(29) RCW 28B.80.246 and 1988 c 210 s 2;

(30) RCW 28B.80.255 and 1992 c 83 s 3, 1992 c 50 s 2, & 1991 c 255 s 6;

(31) RCW 28B.80.256 and 1994 c 279 s 5;

(32) RCW 28B.80.265 and 1992 c 83 s 4 & 1991 c 255 s 7;

(33) RCW 28B.80.280 and 1985 c 370 s 27 & 1983 c 304 s 1;

(34) RCW 28B.80.290 and 1983 c 304 s 2;

(35) RCW 28B.80.300 and 1985 c 370 s 1;

(36) RCW 28B.80.310 and 1985 c 370 s 2;

(37) RCW 28B.80.320 and 1985 c 370 s 3;

(38) RCW 28B.80.330 and 1993 c 363 s 6 & 1985 c 370 s 4;

(39) RCW 28B.80.340 and 1985 c 370 s 5;

(40) RCW 28B.80.350 and 1993 c 77 s 2, 1992 c 60 s 3, 1988 c 172 s 4, & 1985 c 370 s 6;

(41) RCW 28B.80.360 and 1990 c 33 s 561, 1986 c 136 s 20, & 1985 c 370 s 7;

(42) RCW 28B.80.370 and 1985 c 370 s 8;

(43) RCW 28B.80.380 and 1985 c 370 s 9;

(44) RCW 28B.80.390 and 1985 c 370 s 10;

(45) RCW 28B.80.400 and 1985 c 370 s 11;

(46) RCW 28B.80.410 and 1985 c 370 s 12;

(47) RCW 28B.80.420 and 1985 c 370 s 13;

(48) RCW 28B.80.430 and 1987 c 330 s 301 & 1985 c 370 s 14;

(49) RCW 28B.80.440 and 1987 c 40 s 1;

(50) RCW 28B.80.450 and 1990 c 288 s 1;

(51) RCW 28B.80.500 and 1989 1st ex.s. c 7 s 2;

(52) RCW 28B.80.510 and 1989 1st ex.s. c 7 s 8;

(53) RCW 28B.80.520 and 1989 1st ex.s. c 7 s 9;

(54) RCW 28B.80.550 and 1991 c 228 s 7;

(55) RCW 28B.80.555 and 1991 c 228 s 8;

(56) RCW 28B.80.570 and 1992 c 21 s 6 & 1991 c 315 s 18;

(57) RCW 28B.80.575 and 1991 c 315 s 19;

(58) RCW 28B.80.580 and 1993 sp.s. c 18 s 34, 1992 c 231 s 31, & 1991 c 315 s 20;

(59) RCW 28B.80.585 and 1991 c 315 s 21;

(60) RCW 28B.80.600 and 1990 c 208 s 9;

(61) RCW 28B.80.610 and 1993 c 363 s 2;

(62) RCW 28B.80.612 and 1993 c 363 s 3;

(63) RCW 28B.80.614 and 1993 c 363 s 4;

(64) RCW 28B.80.616 and 1993 c 363 s 5;

(65) RCW 28B.80.800 and 1993 c 382 s 1;

(66) RCW 28B.80.801 and 1993 c 382 s 2;

(67) RCW 28B.80.802 and 1993 c 382 s 3;

(68) RCW 28B.80.803 and 1993 c 382 s 4;

(69) RCW 28B.80.910 and 1969 ex.s. c 277 s 15;

(70) RCW 28B.80.911 and 1985 c 370 s 107;

(71) RCW 28B.80.912 and 1985 c 370 s 108;

(72) RCW 28C.18.005 and 1991 c 238 s 1;

(73) RCW 28C.18.010 and 1991 c 238 s 2;

(74) RCW 28C.18.020 and 1991 c 238 s 3;

(75) RCW 28C.18.030 and 1991 c 238 s 4;

(76) RCW 28C.18.040 and 1994 c 154 s 307 & 1991 c 238 s 5;

(77) RCW 28C.18.050 and 1991 c 238 s 6; and

(78) RCW 28C.18.060 and 1993 c 280 s 17 & 1991 c 238 s 7.

NEW SECTION. Sec. 13. The council of presidents and its powers and duties are abolished.

NEW SECTION. Sec. 14. The house of representatives and the senate higher education and fiscal committees shall report to the legislature by December 1, 1995, their recommendations and draft legislation to conform existing higher education statutes to the system of higher education governance in this act. The recommendations shall include but need not be limited to: (1) Methods of increasing access in a cost effective manner; (2) optional budgeting systems that will provide performance-based budgeting procedures and incentive funding methods; and (3) methods for accomplishing any vital responsibilities of the higher education coordinating board and the work force training and education coordinating board.

NEW SECTION. Sec. 15. (1) The governor shall appoint the board of regents created in section 5 of this act no later than November 1, 1995.

(2) The board of regents shall begin meeting as soon as possible after appointment in order to plan for the orderly transition of baccalaureate institutions of higher education to the jurisdiction of the board.

NEW SECTION. Sec. 16. Sections 1 through 9 of this act shall constitute a new chapter in Title 28B RCW.

NEW SECTION. Sec. 17. Sections 5 and 14 of this act are 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, 1995.

NEW SECTION. Sec. 18. Sections 1 through 4 and 6 through 13 of this act shall take effect July 1, 1996.