S-4702

AN ACT Relating to institutions of higher education; amending RCW 28B.45.050, 28B.10.029, 28B.130.020, and 43.01.236; adding new sections to chapter 28B.35 RCW; creating a new section; and repealing RCW 28B.25.010, 28B.25.020, 28B.25.030, 28B.25.033, 28B.15.037, 28B.25.040, 28B.25.050, 28B.25.070, 28B.25.075, 28B.25.090, 28B.25.100, and 28B.25.900.

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

Sec. 1. RCW 28B.45.050 and 1991 c 205 s 11 are each amended to read as follows:

Washington State University ((~~and Eastern Washington University are~~)) is responsible for providing upper-division and graduate level higher education 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~~)) that responsibility through the operation of a branch campus in ((~~the~~)) Spokane ((~~area. Eastern Washington University shall meet its responsibility through the operation of programs and facilities in Spokane~~)).

NEW SECTION. Sec. 2. A new section is added to chapter 28B.35 RCW to read as follows:

The higher education coordinating board shall evaluate all degree programs offered on the effective date of this section through Eastern Washington University that are not located on the Cheney campus. The board shall determine whether to continue approval for any such programs under RCW 28B.80.340.

NEW SECTION. Sec. 3. A new section is added to chapter 28B.35 RCW to read as follows:

Housing or a housing allowance may only be provided for the president of a public four-year institution of higher education who resides in the location where the institution is designated under RCW 28B.20.010, 28B.30.010, 28B.35.010, and 28B.40.010.

Sec. 4. RCW 28B.10.029 and 1996 c 110 s 5 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. 5. RCW 28B.130.020 and 1997 c 273 s 2 are each amended to read as follows:

(1) The governing board of an institution of higher education as defined in RCW 28B.10.016 may impose either a voluntary or a mandatory transportation fee on employees and on students at the institution. The board of ((~~the joint center for higher education under chapter 28B.25 RCW~~)) regents of Washington State University may impose either a voluntary or a mandatory transportation fee on faculty and staff working at the Riverpoint higher education park and on students attending classes there. The transportation fee shall be used solely to fund transportation demand management programs that reduce the demand for campus and neighborhood parking, and promote alternatives to single-occupant vehicle driving. If the board charges a mandatory transportation fee to students, it shall charge a mandatory transportation fee to employees. The transportation fee for employees may exceed, but shall not be lower than the transportation fee charged to students. The transportation fee for employees may be deducted from the employees' paychecks. The transportation fee for students may be imposed annually, or each academic term. For students attending community colleges and technical colleges, the mandatory transportation fee shall not exceed sixty percent of the maximum rate permitted for services and activities fees at community colleges, unless, through a vote, a majority of students consent to increase the transportation fee. For students attending four-year institutions of higher education or classes at the Riverpoint higher education park, the mandatory transportation fee shall not exceed thirty-five percent of the maximum rate permitted for services and activities fees at the institution where the student is enrolled unless, through a vote, a majority of students consents to increase the transportation fee. The board may make a limited number of exceptions to the fee based on a policy adopted by the board.

(2) The board of ((~~the joint center for higher education under chapter 28B.25 RCW~~)) trustees of Washington State University shall not impose a transportation fee on any student who is already paying a transportation fee to the institution of higher education in which the student is enrolled.

Sec. 6. RCW 43.01.236 and 1997 c 273 s 3 are each amended to read as follows:

All institutions of higher education as defined under RCW 28B.10.016 ((~~and the joint center for higher education under chapter 28B.25 RCW~~)) are exempt from the requirements under RCW 43.01.240.

NEW SECTION. Sec. 7. On July 1, 1998, 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 Riverpoint park, except for the area of real property defined as the approximate two and one-half acres bounded by the Spokane river, Trent Avenue, and Riverpoint Boulevard that is reserved for the Spokane intercollegiate research and technology institute and its expansion shall be transferred from the joint center for higher education to Washington State University.

NEW SECTION. Sec. 8. The following acts or parts of acts are each repealed:

(1) RCW 28B.25.010 and 1991 c 205 s 2 & 1985 c 370 s 97;

(2) RCW 28B.25.020 and 1996 c 110 s 1, 1991 c 205 s 3, 1989 1st ex.s. c 7 s 11, & 1985 c 370 s 98;

(3) RCW 28B.25.030 and 1996 c 110 s 2, 1991 c 205 s 4, & 1985 c 370 s 99;

(4) RCW 28B.25.033 and 1996 c 110 s 6 & 1991 c 205 s 5;

(5) RCW 28B.15.037 and 1991 c 205 s 6;

(6) RCW 28B.25.040 and 1991 c 205 s 7 & 1985 c 370 s 100;

(7) RCW 28B.25.050 and 1991 c 205 s 8 & 1985 c 370 s 101;

(8) RCW 28B.25.070 and 1991 c 205 s 9;

(9) RCW 28B.25.075 and 1997 c 273 s 1;

(10) RCW 28B.25.090 and 1996 c 110 s 3;

(11) RCW 28B.25.100 and 1996 c 110 s 4; and

(12) RCW 28B.25.900 and 1991 c 205 s 13.