BILL REQ. #:  H-4151.2 

Read first time 01/21/2004.   Referred to Committee on Higher Education.

     AN ACT Relating to regional universities; amending RCW 28B.35.010, 28B.35.050, 28B.35.200, 28B.35.205, 28B.10.016, 28B.10.020, 28B.15.005, 28B.14H.010, and 28B.80.310; adding a new section to chapter 28B.35 RCW; creating new sections; making an appropriation; and providing an effective date.

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

NEW SECTION.  Sec. 1   (1) The legislature finds that, over the next decade, large numbers of Washington students will graduate from high school and seek access to higher education. Washington's new knowledge-based economy demands ever-increasing levels of education and training from our work force. Yet Washington continues to lag significantly behind other states in its production of students with baccalaureate and graduate degrees.
     (2) The legislature also finds that no new public four-year institution of higher education has been created since 1967. There has been no new comprehensive institution since before statehood in the late 1890s when the state normal schools were established.
     (3) The legislature affirms its continued strong support for Washington's community and technical college system and the two plus two model of education that provides access to baccalaureate degrees throughout the state. The legislature further finds that creation of a new four-year institution would complement the existing structure and provide additional options for students.
     (4) The current branch campus of the University of Washington at Bothell, colocated with Cascadia Community College, offers a unique opportunity to create a single, unified four-year institution of higher education, focused on providing access to baccalaureate and professional graduate education in a heavily populated urban area of the state.
     (5) Therefore, the legislature intends to merge the branch campus and community college to create a new regional university: Cascadia State University at Bothell.

Sec. 2   RCW 28B.35.010 and 1977 ex.s. c 169 s 44 are each amended to read as follows:
     The regional universities shall be located and designated as follows: At Bellingham, Western Washington University; at Cheney, Eastern Washington University; at Ellensburg, Central Washington University; and at Bothell, Cascadia State University.

Sec. 3   RCW 28B.35.050 and 1977 ex.s. c 169 s 2 are each amended to read as follows:
     The primary purposes of the regional universities shall be to offer undergraduate and graduate education programs through the master's degree, including programs of a practical and applied nature, directed to the educational and professional needs of the residents of the regions they serve; to act as receiving institutions for transferring community college students; and to provide extended occupational and complementary studies programs that continue or are otherwise integrated with the educational services of the region's community colleges.
     ((No college shall be eligible for designation as a regional university until it has been in operation for at least twenty years and has been authorized to offer master's degree programs in more than three fields.))

NEW SECTION.  Sec. 4   A new section is added to chapter 28B.35 RCW to read as follows:
     (1) There is hereby created a board of trustees for Cascadia State University, in whom is vested the governance of the university.
     (2)(a) Until July 1, 2005, the board of trustees of Cascadia Community College shall be the board for both the university and the community college to oversee the transition and creation of the new higher education institution. The term of office for members on the board as of the effective date of this section shall be the same term as the members' original appointment.
     (b) The governor shall appoint two additional members to the board: One member who serves a four-year initial term and one member who serves a six-year initial term.
     (c) In case of a vacancy, the governor shall fill the vacancy for the remainder of the term of the trustee whose office has become vacant. When a trustee's term expires, the governor shall appoint a replacement for a six-year term. Members shall be appointed with the consent of the senate.
     (d) Four members of the board constitute a quorum for the transaction of business.
     (3) Members serving on the board on July 1, 2005, shall continue to serve as board members for Cascadia State University. Vacancies and replacement of members whose terms have expired, appointment of a student member, and operation of the board shall be as described in RCW 28B.35.100.

Sec. 5   RCW 28B.35.200 and 1977 ex.s. c 169 s 50 are each amended to read as follows:
     The degree of bachelor of arts or the degree of bachelor of science and/or the degree of bachelor of arts in education may be granted to any student who has completed a four-year course of study or the equivalent thereof in Central Washington University, Eastern Washington University, ((or)) Western Washington University, or Cascadia State University.

Sec. 6   RCW 28B.35.205 and 1991 c 58 s 2 are each amended to read as follows:
     In addition to all other powers and duties given to them by law, Central Washington University, Eastern Washington University, ((and)) Western Washington University, and Cascadia State University are hereby authorized to grant any degree through the master's degree to any student who has completed a program of study and/or research in those areas which are determined by the faculty and board of trustees of the college to be appropriate for the granting of such degree: PROVIDED, That before any degree is authorized under this section it shall be subject to the review and approval of the higher education coordinating board. Approved degrees offered by the branch campus of the University of Washington at Bothell as of the effective date of this section may continue to be offered by Cascadia State University without further review or approval by the higher education coordinating board.
     The board of trustees, upon recommendation of the faculty, may also confer honorary bachelor's or master's degrees upon persons other than graduates of the institution, in recognition of their learning or devotion to education, literature, art, or science. No degree may be conferred in consideration of the payment of money or the donation of any kind of property.

Sec. 7   RCW 28B.10.016 and 1992 c 231 s 1 are each amended to read as follows:
     For the purposes of this title:
     (1) "State universities" means the University of Washington and Washington State University.
     (2) "Regional universities" means Western Washington University at Bellingham, Central Washington University at Ellensburg, ((and)) Eastern Washington University at Cheney, and Cascadia State University at Bothell.
     (3) "State college" means The Evergreen State College in Thurston county.
     (4) "Institutions of higher education" or "postsecondary institutions" means the state universities, the regional universities, The Evergreen State College, the community colleges, and the technical colleges.
     (5) "Governing board" means the board of regents or the board of trustees of the institutions of higher education.

Sec. 8   RCW 28B.10.020 and 1985 c 370 s 50 are each amended to read as follows:
     The boards of regents of the University of Washington and Washington State University, respectively, and the boards of trustees of Central Washington University, Eastern Washington University, Western Washington University, Cascadia State University, and The Evergreen State College, respectively, shall have the power and authority to acquire by exchange, gift, purchase, lease, or condemnation in the manner provided by chapter 8.04 RCW for condemnation of property for public use, such lands, real estate and other property, and interests therein as they may deem necessary for the use of said institutions respectively. However, the purchase or lease of major off-campus facilities is subject to the approval of the higher education coordinating board under RCW 28B.80.340.

Sec. 9   RCW 28B.15.005 and 1977 ex.s. c 169 s 33 are each amended to read as follows:
     (1) "Colleges and universities" for the purposes of this chapter shall mean Central Washington University at Ellensburg, Eastern Washington University at Cheney, Western Washington University at Bellingham, Cascadia State University, at Bothell, The Evergreen State College in Thurston county, community colleges as are provided for in chapter 28B.50 RCW, the University of Washington, and Washington State University.
     (2) "State universities" for the purposes of this chapter shall mean the University of Washington and Washington State University.
     (3) "Regional universities" for the purposes of this chapter shall mean Central Washington University, Eastern Washington University ((and)), Western Washington University, and Cascadia State University.

Sec. 10   RCW 28B.14H.010 and 2003 1st sp.s. c 18 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Bonds" means bonds, notes, commercial paper, certificates of indebtedness, or other evidences of indebtedness of the state issued under this chapter.
     (2) "Institutions of higher education" means the University of Washington and Washington State University, Western Washington University at Bellingham, Central Washington University at Ellensburg, Eastern Washington University at Cheney, Cascadia State University at Bothell, The Evergreen State College, and the community colleges and technical colleges as defined by RCW 28B.50.030.
     (3) "Washington's future bonds" means all or any portion of the general obligation bonds authorized in RCW 28B.14H.020.

Sec. 11   RCW 28B.80.310 and 1985 c 370 s 2 are each amended to read as follows:
     For the purposes of this chapter:
     (1) "Board" means the higher education coordinating board; and
     (2) "Four-year institutions" means the University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, Cascadia State University, and The Evergreen State College.

NEW SECTION.  Sec. 12   (1) All powers, duties, and functions of the board of regents of the University of Washington pertaining to the branch campus at Bothell are hereby transferred to the board of trustees of Cascadia State University.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the University of Washington pertaining to the branch campus at Bothell shall be delivered to the custody of Cascadia State University. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the University of Washington pertaining to the branch campus at Bothell shall be made available to Cascadia State University. All funds, credits, or other assets held by the board of regents of the University of Washington pertaining to the branch campus at Bothell shall be assigned to the board of trustees of Cascadia State University.
     (b) Title to or interest in all real estate, buildings, facilities, and liabilities including indebtedness or court claims held by the board of regents of the University of Washington pertaining to the branch campus at Bothell shall be transferred to the board of trustees of Cascadia State University.
     (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.
     (d) Any appropriations made in connection with the powers, duties, and functions transferred by this act shall, on the effective date of this section, be transferred and credited to Cascadia State University.
     (3) All employees of the University of Washington branch campus at Bothell are transferred to the jurisdiction of Cascadia State University. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to Cascadia State University 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) 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 public employment relations commission as provided by law.
     (5) All rules and all pending business before the board of regents of the University of Washington pertaining to the branch campus at Bothell shall be continued and acted upon by the board of trustees of Cascadia State University. All existing contracts and obligations shall remain in full force and shall be performed by Cascadia State University.
     (6) The transfer of the powers, duties, functions, and personnel of the board of regents of the University of Washington pertaining to the branch campus at Bothell shall not affect the validity of any act performed before the effective date of this section.
     (7) 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.

NEW SECTION.  Sec. 13   (1) All powers, duties, and functions of the board of trustees of Cascadia Community College are hereby transferred to the board of trustees of Cascadia State University.
     (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of Cascadia Community College shall be delivered to the custody of Cascadia State University. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by Cascadia Community College shall be made available to Cascadia State University. All funds, credits, or other assets held by the board of trustees of Cascadia Community College shall be assigned to the board of trustees of Cascadia State University.
     (b) Title to or interest in all real estate, buildings, facilities, and liabilities including indebtedness or court claims held by the board of trustees of Cascadia Community College shall be transferred to the board of trustees of Cascadia State University.
     (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.
     (d) Any appropriations made in connection with the powers, duties, and functions transferred by this act shall, on the effective date of this section, be transferred and credited to Cascadia State University.
     (3) All employees of Cascadia Community College are transferred to the jurisdiction of Cascadia State University. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to Cascadia State University 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) 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 public employment relations commission as provided by law.
     (5) All rules and all pending business before the board of trustees of Cascadia Community College shall be continued and acted upon by the board of trustees of Cascadia State University. All existing contracts and obligations shall remain in full force and shall be performed by Cascadia State University.
     (6) The transfer of the powers, duties, functions, and personnel of the board of trustees of Cascadia Community College shall not affect the validity of any act performed before the effective date of this section.
     (7) 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.

NEW SECTION.  Sec. 14   (1) The higher education coordinating board shall convene a transition task force to identify other issues and recommend solutions associated with the creation of Cascadia State University, including legislation necessary to implement an orderly transition.
     (2) The task force must include representatives from the University of Washington main campus and branch campus at Bothell, Cascadia Community College, the state board for community and technical colleges, the office of financial management, and the office of the attorney general.
     (3) The task force must address the following issues as well as others identified by the task force:
     (a) The phase-out of nonbaccalaureate programs, including the possible transfer of associated supplies, equipment, faculty, and staff to a local community college;
     (b) The enrollment and admission status of students enrolled at the University of Washington at Bothell or Cascadia Community College during the transition and students' eligibility to complete degrees and certificates;
     (c) Appropriate levels of state general fund support and tuition and fees for the new university, commensurate with its role and mission; and
     (d) Administrative and staffing efficiencies resulting from the merger of two institutions into a single institution.
     (4) The higher education coordinating board must submit a report and recommendations from the task force, along with any proposed legislation, to the higher education and fiscal committees of the senate and house of representatives by December 15, 2004.

NEW SECTION.  Sec. 15   Sections 2, 3, and 5 through 13 of this act take effect July 1, 2005.

NEW SECTION.  Sec. 16   The legislature recognizes that southwest Washington continues to be the fastest-growing region in the state and is successfully attracting a wide array of corporations and businesses vital to the future expansion of the economy of the region and the entire state. In partnership, the branch campus of Washington State University at Vancouver, Clark College, and Lower Columbia College have successfully expanded educational opportunities for students and created avenues for research and training to support the economy of the region over the last decade. However, the legislature also recognizes that southwest Washington is the largest urban area in the state without access to an in-state, public four-year institution of higher education. Therefore, the legislature finds it necessary to examine thoroughly and objectively the prospect of creating additional baccalaureate and graduate opportunities in Vancouver.

NEW SECTION.  Sec. 17   (1) The Washington state institute for public policy shall conduct a feasibility study for the creation of additional baccalaureate and graduate opportunities for public higher education in Vancouver. The study must include the following analyses:
     (a) A detailed regional analysis of student demand and institutional supply of degree programs, including potential economic development, and including consultation with community leaders;
     (b) Consideration of alternative models for providing baccalaureate and professional graduate education in the region, including expanding the current partnerships between the branch campus of Washington State University at Vancouver, Clark College, and Lower Columbia College;
     (c) An examination of the possible role and mission of a transitional comprehensive four-year university, including the possibility of an innovative combination of instruction and research suitable for meeting the region's needs for access to higher education for recent high school graduates, placebound students, and transfer students as well as support of the expansion of the region's economic viability; and
     (d) A comparison of short and long-term costs.
     (2) The institute shall submit its findings from the feasibility study to the higher education and fiscal committees of the senate and house of representatives by December 15, 2004.

NEW SECTION.  Sec. 18   The sum of ninety thousand dollars, or as much thereof as may be necessary, is appropriated from the state general fund to the Washington state institute for public policy for the fiscal year ending June 30, 2005, to carry out the purposes of section 17 of this act.