AN
ACT Relating to institutions of higher education; amending RCW 28B.10.029,
28B.45.050, 28B.13.020, and 43.01.236; adding a new section to chapter 28B.35
RCW; adding a new chapter to Title 28B RCW; creating new sections; repealing
RCW 28B.25.010, 28B.25.020, 28B.25.030, 28B.25.033, 28B.25.037, 28B.25.040,
28B.25.050, 28B.25.070, 28B.25.075, 28B.25.090, 28B.25.100, 28B.25.900, and
28B.10.060; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. It is
the intent of the legislature to provide the necessary access to quality upper
division and graduate higher education opportunities for the citizens of
Spokane. The legislature intends that the Spokane branch campus of Washington
State University, offering upper-division and graduate programs, be located at
the Riverpoint Higher Education Park and that Washington State University be
the administrative and fiscal agent for the Riverpoint Higher Education Park.
In addition, those programs offered by Eastern Washington University that meet
the rules and guidelines established by the higher education coordinating
board's program approval process may serve students at the Riverpoint Higher
Education Park. The legislature intends to streamline the program planning and
approval process in Spokane by eliminating the joint center for higher
education; thereby treating the Spokane higher education community like other
public higher education communities in Washington that receive program approval
from the higher education coordinating board. However, the legislature
encourages partnerships, collaboration, and avoidance of program duplication
through regular communication among the presidents of Spokane's public and
private institutions of higher education. The legislature further intends that
the residential mission of Eastern Washington University in Cheney be strengthened
and that Eastern Washington University focus on the excellence of its primary
campus in Cheney.
In
addition, 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. (1)
The higher education coordinating board shall manage an assessment that
determines the current higher education resources of the greater Spokane area
and the current and future capital and programmatic higher education needs of
the Spokane area, including the balance among anticipated, unmet, and fully met
higher education needs. This assessment shall be coordinated with an economic
analysis of the greater Spokane area.
(2)
The higher education coordinating board, in coordination with the office of
financial management, the employment security department, and the department of
community, trade, and economic development, shall oversee the administration of
an economic assessment of the greater Spokane area. This assessment shall
reference previous economic studies of the greater Spokane area and include:
(a)
Input from Spokane area civic leaders as well as the higher education and
business communities;
(b)
An evaluation of the current economic situation in the greater Spokane area and
potential sectors and subsectors for significant job expansion;
(c)
An analysis of the possible transformation of the economic base toward high
technology and opportunities for industries producing higher wages; and
(d)
An evaluation of the basic and applied research resources and needs of the
present and future economy of the area.
(3)
The assessments in subsections (1) and (2) of this section shall be completed
by July 1, 1998, and a final report submitted to the higher education and
fiscal committees of the legislature by October 1, 1998.
(4)
By December 1, 1998, based on the findings of the assessments in subsections
(1) and (2) of this section, the higher education coordinating board shall
evaluate and develop a plan for the disposition of the Eastern Washington
University Spokane Center Building.
(5)(a)
By December 1, 1998, based on the findings of the assessments in subsections
(1) and (2) of this section, Washington State University shall develop and
deliver to the higher education coordinating board for approval a plan for the
management of the Riverpoint Higher Education Park, excluding the land and the
Spokane Intercollegiate Research and Technology Institute, that includes:
(i)
Capital facilities maintenance and development;
(ii)
Coordination of upper-division course offerings; and
(iii)
The coordination of graduate programs in Spokane.
(b)
In developing the plan in (a) of this subsection, Washington State University
shall:
(i)
Assume that Eastern Washington University students enrolled in Eastern
Washington University courses will pay Eastern Washington University tuition
rates; and
(ii)
Emphasize and implement a maximum level of collaboration and partnerships by
Eastern Washington University, Washington State University, and private
institutions of higher education at the Riverpoint Higher Education Park.
(c)
Washington State University shall submit a preliminary higher education
services plan for the Riverpoint Higher Education Park to the higher education
coordinating board by September 1, 1998, and a final plan to the higher
education coordinating board and the office of financial management by October
15, 1998. The plan shall incorporate, but not be limited to:
(i)
Relocation of all Spokane-based upper-division and graduate course offerings
and academic programs offered by public universities in the city of Spokane to
the Riverpoint Higher Education Park, using existing and planned structures at
the Riverpoint Higher Education Park, except that the nursing courses and
programs located in the intercollegiate center for nursing education facility
shall remain at that location; and
(ii)
A plan to establish an intercollegiate health sciences consortium that would be
modeled on the intercollegiate center for nursing education. The
intercollegiate health sciences consortium shall include, but not be limited
to, programs offered through the intercollegiate center for nursing education
and public and private institutions of higher education. Programs offered by
Eastern Washington University in physical therapy, communication disorders,
nursing, and dental hygiene shall continue to be offered by Eastern Washington
University in Spokane.
(6)
Washington State University, in consultation with the higher education
coordinating board, shall write a new mission statement and operations plan for
its Spokane branch campus. The draft mission statement and plan shall be
submitted to the higher education coordinating board by September 1, 1998, and
a final mission statement and plan shall be submitted to the higher education
coordinating board for approval by October 15, 1998. The academic mission and
plan shall include, but not be limited to the following elements:
(a)
Identifying those academic centers of excellence on which Washington State
University Spokane branch campus should focus, build, and expand in order to
enhance its upper-division and graduate enrollment;
(b)
Reflecting that programs in physical therapy, communications disorders,
nursing, and dental hygiene continue to be offered through Eastern Washington
University in Spokane;
(c)
Including a requirement that Washington State University identify and report to
the higher education coordinating board programs that should be offered in
Spokane because of documented demand, unique partnerships, demonstrated
efficiency, and other considerations. The draft of the report shall be
submitted to the higher education coordinating board by September 1, 1998, and
the final report shall be submitted to the higher education coordinating board
by October 15, 1998;
(d)
Ensuring that undergraduate programs that are offered at Washington State
University Spokane branch campus do not duplicate undergraduate programs
offered by Eastern Washington University at Cheney;
(e)
Describing and targeting Washington State University Spokane branch campus's
primary student audience;
(f)
Ensuring that Washington State University Spokane branch campus's admission
standards complement the primary student audience;
(g)
Describing circumstances under which it is appropriate for Washington State
University Spokane branch campus programs to serve nonprimary students;
(h)
Establishing projected enrollment levels for Washington State University
Spokane branch campus that reflect the needs of a upper-division and graduate
level branch campus and that account for the demographic qualities and growth
patterns associated with the areas from which the branch campus draws its
students;
(i)
Describing how Washington State University Spokane branch campus's enrollment
levels will be consistent with state enrollment levels;
(j)
Developing financial projections for serving these projected enrollment levels;
and
(k)
Analyzing and reviewing all capital and capacity information regarding the
Washington State University Spokane branch campus, with particular attention to
the current state of the existing physical plant and to the realistic
enrollment capacity of the campus.
(7)
Eastern Washington University, in consultation with the higher education
coordinating board, shall write a new mission statement and operations plan for
Eastern Washington University as a comprehensive, Cheney-based public
institution of higher education. The draft mission statement and plan shall be
submitted to the higher education coordinating board by September 1, 1998, and
a final mission statement and plan shall be submitted to the higher education
coordinating board for approval by October 15, 1998. The academic mission and
plan shall include, but not be limited to the following elements:
(a)
Identifying those academic centers of excellence on which Eastern Washington
University should focus, build, and expand in order to enhance its enrollment
and reaffirm its reputation for academic excellence;
(b)
Reflecting that programs in physical therapy, communications disorders,
nursing, and dental hygiene continue to be offered through Eastern Washington
University in Spokane;
(c)
Including a requirement that Eastern Washington University identify and report
to the higher education coordinating board program offerings in Spokane that
should be returned to the Cheney campus, discontinued, or continued to be
offered in Spokane because of documented demand, unique partnerships,
demonstrated efficiency, and other considerations. The draft of the report
shall be submitted to the higher education coordinating board by September 1,
1998, and the final report shall be submitted to the higher education
coordinating board by October 15, 1998;
(d)
Ensuring that every effort is made to protect the academic interests of and
minimize adverse impacts on Eastern Washington University students;
(e)
Describing and targeting Eastern Washington University's primary student
audience;
(f)
Ensuring that Eastern Washington University's admission standards complement
the primary student audience;
(g)
Describing circumstances under which it is appropriate for Eastern Washington
University programs to serve nonprimary students;
(h)
Establishing projected enrollment levels for Eastern Washington University that
reflect the needs of a comprehensive university and that account for the
demographic qualities and growth patterns associated with the areas from which
Eastern Washington University draws its students;
(i)
Describing how Eastern Washington University's enrollment levels will be
consistent with state enrollment levels;
(j)
Developing financial projections for serving these reconfigured enrollment
levels; and
(k)
Analyzing and reviewing all capital and capacity information regarding the
Eastern Washington University Cheney campus, with particular attention to the
current state of the existing physical plant and to the realistic enrollment
capacity of the campus.
(8)
By December 1, 1998, the higher education coordinating board shall evaluate the
mission statements and operations plans required in this section and submit a
report to the higher education and fiscal committees of the legislature.
NEW
SECTION. Sec. 3. (1)
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.
(2)
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. 4. 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.
5. 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.
6. 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)) ensuring the
expansion of 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. The
rules adopted by the higher education coordinating board shall: (1) Avoid program
duplication; and (2) encourage collaboration between Washington State
University and Eastern Washington University on the delivery of graduate level
programs in Spokane. 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)).
Sec.
7. 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)) regents 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.
8. 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. 9.
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. 10.
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;
(c)
The provost of Washington State University or the provost'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;
(c)
Approving the annual operating budget 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. 11.
SUPPORT FROM PARTICIPATING INSTITUTIONS. Staff support for programs will be
provided from among the cooperating institutions through cooperative
agreements. Cooperating institutions are Washington State University as the
senior research partner, Eastern Washington University, Central Washington
University, the University of Washington, Gonzaga University, Whitworth
College, and other participating institutions of higher education.
NEW
SECTION. Sec. 12.
OPERATING STAFF. The director of the Spokane intercollegiate research and
technology institute may hire staff as necessary to operate the institution.
The director may enter into cooperative agreements for programs and research
with public and private organizations including state and nonstate funding
agencies consistent with policies of the Spokane intercollegiate research and
technology institute.
NEW
SECTION. Sec. 13. 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. 14.
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. 15.
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. 16.
CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.
NEW
SECTION. Sec. 17. 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.25.037 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;
(12) RCW
28B.25.900 and 1991 c 205 s 13; and
(13) RCW
28B.10.060 and 1991 c 205 s 1 & 1989 1st ex.s. c 7 s 10.
NEW
SECTION. Sec. 18. Sections
9 through 16 of this act constitute a new chapter in Title 28B RCW.
NEW
SECTION. Sec. 19.
Section 6 of this act takes effect January 1, 1999.
NEW SECTION. Sec. 20.
Section 2 of 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 takes effect immediately.
