BP BHEAD INT S [atlas:bill]

AN ACT Relating to institutions of higher education; amending RCW 28B.25.020; adding a new chapter Title 28B RCW; and repealing RCW 28B.10.060.

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

NEW SECTION. Sec. 1. FINDINGS. The legislature finds that the Spokane intercollegiate research and technology institute is a vital and necessary element in the academic and economic future of eastern Washington. The legislature also finds that it is in the interest of the state of Washington to support and promote applied research and technology in areas of the state that, because of geographic or historic circumstances, have not developed fully balanced economies. It is the intent of the legislature that institutions of higher education, and the department of community, trade, and economic development work cooperatively with the private sector in the development and implementation of a technology transfer and integration program to promote the economic development and enhance the quality of life in eastern Washington.

NEW SECTION. Sec. 2. DEFINITIONS. The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.

(1) "Board" means the board of directors of the Spokane intercollegiate research and technology institute.

(2) "High technology" or "technology" includes but is not limited to the modernization, miniaturization, integration, and computerization of electronic, hydraulic, pneumatic, laser, mechanical, robotics, nuclear, chemical, biological, telecommunication, and other technological applications to enhance productivity in areas including but not limited to manufacturing, communications, medicine, bioengineering, and commerce.

(3) "Institute" means the Spokane intercollegiate research and technology institute, including the affiliated staff, faculty, facilities, and research centers operated by the institute.

NEW SECTION. Sec. 3. SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE. (1) The Spokane intercollegiate research and technology institute is 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 institutions of higher education as defined in RCW 28B.10.016. Washington independent and private institutions of higher education may participate as full partners in any academic and research activities of the institute.

(3) The institute shall house education and research programs specifically designed to meet the needs of eastern Washington.

(4) The establishment of any education program at the institute and the lease, purchase, or construction of any site or facility for the institute is subject to the approval of the higher education coordinating board under RCW 28B.80.340.

(5) The institute shall be headquartered in Spokane.

(6) The mission of the institute is to perform and commercialize research that benefits the intermediate and long-term economic vitality of eastern Washington and to develop and strengthen university-industry relationships through the conduct of research that is primarily of interest to eastern Washington-based companies or state economic development programs. The institute shall:

(a) Perform and facilitate research supportive of state science and technology objectives, particularly as they relate to eastern Washington industries;

(b) Provide leading edge collaborative research and technology transfer opportunities primarily to eastern Washington industries;

(c) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in research and industry interactions;

(d) Emphasize and develop nonstate support of the institute's research activities; and

(e) Provide a forum for effective interaction between the state's technology-based industries and its academic institutions through promotion of faculty collaboration with industry, particularly within eastern Washington.

NEW SECTION. Sec. 4. ADMINISTRATION--BOARD OF DIRECTORS. (1) The institute shall be administered by the board of directors.

(2) The board shall consist of the following members:

(a) Nine members of the general public. Of the general public membership, at least six shall be individuals who are associated with or employed by technology-based or manufacturing-based industries and have broad business experience and an understanding of high technology;

(b) The executive director of the Washington technology center or the director's designee;

(d) The provost of Eastern Washington University or the provost's designee;

(e) The provost of Central Washington University or the provost's designee;

(f) The provost of the University of Washington or the provost's designee;

(g) An academic representative from the Spokane community colleges;

(h) One member from Gonzaga University; and

(i) One member from Whitworth College.

(3) The term of office for each board member, excluding the executive director of the Washington technology center, the provosts of Washington State University, Eastern Washington University, Central Washington University, and the University of Washington, shall be three years. The executive director of the institute shall be an ex officio, nonvoting member of the board. Board members shall be appointed by the governor. Initial appointments shall be for staggered terms to ensure the long-term continuity of the board. The board shall meet at least quarterly.

(4) The duties of the board include:

(a) Developing the general operating policies for the institute;

(b) Appointing the executive director of the institute;

(d) Establishing priorities for the selection and funding of research projects that guarantee the greatest potential return on the state's investment;

(e) Approving and allocating funding for research projects conducted by the institute;

(f) In cooperation with the department of community, trade, and economic development, developing a biennial work plan and five-year strategic plan for the institute that are consistent with the state-wide technology development and commercialization goals;

(g) Coordinating with public, independent, and private institutions of higher education, and other participating institutions of higher education in the development of training, research, and development programs to be conducted at the institute that are targeted to meet industrial needs;

(h) Assisting the department of community, trade, and economic development in the department's efforts to develop state science and technology public policies and coordinate publicly funded programs;

(i) Reviewing annual progress reports on funded research projects;

(j) Providing an annual report to the governor and the legislature detailing the activities and performance of the institute; and

(k) Submitting annually to the department of community, trade, and economic development an updated strategic plan and a statement of performance measured against the mission, roles, and contractual obligations of the institute.

(5) The board may enter into contracts to fulfill its responsibilities and purposes under this chapter.

NEW SECTION. Sec. 5. SUPPORT FROM PARTICIPATING INSTITUTIONS. Washington State University, Eastern Washington University, Central Washington University, the University of Washington, Gonzaga University, Whitworth College, and other participating institutions of higher education shall provide the affiliated staff, faculty, and facilities required to support the operation of the institute.

NEW SECTION. Sec. 6. ROLE OF DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT. The department of community, trade, and economic development shall contract with the institute for the expenditure of state-appropriated funds for the operation of the institute. The department of community, trade, and economic development shall provide guidance to the institute regarding expenditure of state-appropriated funds and the development of the institute's strategic plan. The director of the department of community, trade, and economic development shall not withhold funds appropriated for the institute if the institute complies with the provisions of its contract with the department of community, trade, and economic development. The department is responsible to the legislature for the contractual performance of the institute.

NEW SECTION. Sec. 7. AVAILABILITY OF FACILITIES TO OTHER INSTITUTIONS. The facilities of the institute shall be made available to other institutions of higher education within the state when this would benefit specific program needs.

NEW SECTION. Sec. 8. AUTHORITY TO RECEIVE AND EXPEND FEDERAL FUNDS. The board may receive and expend federal funds and any private gifts or grants to further the purpose of the institute. 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. 9. CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.

Sec. 10. RCW 28B.25.020 and 1996 c 110 s 1 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 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; and

~~(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 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, except that title to or all interest in real estate and other assets, including but not limited to assignable contracts, cash, equipment, buildings, facilities, and appurtenances related to the Spokane intercollegiate research and technology institute held as of July 1, 1998, shall vest in the Spokane intercollegiate institute of technology. The area of the real property related to the Spokane intercollegiate institute of technology is defined as the approximate two and one-half acres bounded by the Spokane river, Trent Avenue, and Riverpoint Boulevard.

NEW SECTION. Sec. 11. RCW 28B.10.060 and 1991 c 205 s 1 & 1989 1st ex. s. c 7 s 10 are each repealed.

NEW SECTION. Sec. 12. Sections 1 through 9 of this act constitute a new chapter in Title 28B RCW.