2637-S

AN ACT Relating to the joint center for higher education; amending RCW 28B.25.020, 28B.25.030, 41.06.382, 28B.10.029, and 28B.25.033; adding new sections to chapter 28B.25 RCW; and repealing RCW 28B.25.080.

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

Sec. 1. RCW 28B.25.020 and 1991 c 205 s 3 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~~)) Riverpoint 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 baccalaureate and graduate degree programs, and all other courses and programs 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. The joint center for higher education may mediate disagreements among institutions about degree programs or courses.

(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 joint academic degree programs with Gonzaga University and Whitworth College and in joint academic degree programs with each other;

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

(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 program is authorized under this section, it shall be subject to review and approval of the higher education coordinating board.

(5) The joint center shall develop a master plan for the ((~~Spokane~~)) Riverpoint 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 July 1, 1991, shall vest in the joint center for higher education.

Sec. 2. RCW 28B.25.030 and 1991 c 205 s 4 are each amended to read as follows:

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

(a) One member of the Eastern Washington University board of trustees;

(b) One member of the Washington State University board of regents;

(d) Six citizens residing in Spokane county. 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) One member from an independent nonprofit university located in the Spokane area and one member from a separate independent, nonprofit, baccalaureate degree-granting institution of higher education located in the Spokane area; and

(f) 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. Either the provost or the vice-president for research and dean of the graduate school may act as designee for the president of Washington State University.

(2) The executive 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 member((s)) of the board. Pending appointment of the two members under subsection (1)(e) of this section, the president or chancellor of Gonzaga University and the president of Whitworth College shall continue to serve as nonvoting ex officio members of the board.

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

Sec. 3. RCW 41.06.382 and 1979 ex.s. c 46 s 1 are each amended to read as follows:

Nothing contained in this chapter shall prohibit any institution of higher education, as defined in RCW 28B.10.016, or related board or the joint center for higher education created in chapter 28B.25 RCW from purchasing services by contract with individuals or business entities ((~~if such services were regularly purchased by valid contract at such institution prior to April 23, 1979~~)): PROVIDED, That no such contract may be executed or renewed if it would have the effect of terminating state-funded permanent classified employees ((~~or classified employee positions existing at the time of the execution or renewal of the contract~~)) employed at the institution of higher education or related board, or the joint center for higher education as of the effective date of this section.

NEW SECTION. Sec. 4. The board of the joint center for higher education may hire a director of the institute who may hire other staff under chapter 41.06 RCW as necessary to carry out the institute's duties. The director shall exercise such additional powers, other than rule making, as may be delegated by the board by resolution.

NEW SECTION. Sec. 5. The joint center for higher education established under this chapter shall provide central administration services for the institute, including, but not limited to, accounting, budgeting, financial reporting, facilities management, personnel, and purchasing services.

Sec. 6. RCW 28B.10.029 and 1993 c 379 s 101 are each amended to read as follows:

(1) An institution of higher education may exercise independently those powers otherwise granted to the director of general administration in chapter 43.19 RCW in connection with the purchase and disposition of all material, supplies, services, and equipment needed for the support, maintenance, and use of the respective institution of higher education. Property disposition policies followed by institutions of higher education shall be consistent with policies followed by the department of general administration. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937, 43.19.534, 43.19.685, 43.19.700 through 43.19.704, and 43.19.550 through 43.19.637. The community and technical colleges shall comply with RCW 43.19.450. Except for the University of Washington, institutions of higher education shall comply with RCW 43.19.1935, 43.19.19363, and 43.19.19368. If an institution of higher education can satisfactorily demonstrate to the director of the office of financial management that the cost of compliance is greater than the value of benefits from any of the following statutes, then it shall be exempt from them: RCW 43.19.685; 43.19.534; and 43.19.637. Any institution of higher education that chooses to exercise independent purchasing authority for a commodity or group of commodities shall notify the director of general administration. Thereafter the director of general administration shall not be required to provide those services for that institution for the duration of the general administration contract term for that commodity or group of commodities.

(2) An institution of higher education may exercise independently those powers otherwise granted to the public printer in chapter 43.78 RCW in connection with the production or purchase of any printing and binding needed by the respective institution of higher education. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapter 39.19 RCW. Any institution of higher education that chooses to exercise independent printing production or purchasing authority shall notify the public printer. Thereafter the public printer shall not be required to provide those services for that institution.

(3) For the purposes of this section, an "institution of higher education" shall include the joint center for higher education created in chapter 28B.25 RCW when the joint center for higher education is contracting with another institution of higher education that is acting as the sole agent for purchasing and disposing of material, supplies, services, and equipment, and for procuring printing or binding services.

Sec. 7. RCW 28B.25.033 and 1991 c 205 s 5 are each amended to read as follows:

((~~Nine~~)) Eleven 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. 8. RCW 28B.25.080 and 1991 c 205 s 10 are each repealed.

NEW SECTION. Sec. 9. Sections 4 and 5 of this act are each added to chapter 28B.25 RCW.