BILL REQ. #:  H-1944.1 

Read first time 02/17/09.   Referred to Committee on Higher Education.

     AN ACT Relating to compensation of the presidents of the four-year institutions of higher education; and amending RCW 28B.20.130, 28B.30.150, 28B.35.120, and 28B.40.120.

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

Sec. 1   RCW 28B.20.130 and 2004 c 275 s 52 are each amended to read as follows:
     General powers and duties of the board of regents are as follows:
     (1) To have full control of the university and its property of various kinds, except as otherwise provided by law.
     (2)(a) To employ the president of the university, his or her assistants, members of the faculty, and employees of the institution, who except as otherwise provided by law, shall hold their positions during the pleasure of said board of regents.
     (b) In employing the president of the university, the board has full authority for setting the compensation of the president. However, any employment contract entered into between the board and the president on or after the effective date of this section is subject to the following limitations:
     (i) Compensation other than the base salary may not be paid from the general fund state account; and
     (ii) A compensation contract between the board and the president of the university that fails to comply with the terms in this subsection is void and unenforceable.
     (3) Establish entrance requirements for students seeking admission to the university which meet or exceed the standards specified under RCW 28B.76.290(2). Completion of examinations satisfactory to the university may be a prerequisite for entrance by any applicant at the university's discretion. Evidence of completion of public high schools and other educational institutions whose courses of study meet the approval of the university may be acceptable for entrance.
     (4) Establish such colleges, schools, or departments necessary to carry out the purpose of the university and not otherwise proscribed by law.
     (5) With the assistance of the faculty of the university, prescribe the course of study in the various colleges, schools, and departments of the institution and publish the necessary catalogues thereof.
     (6) Grant to students such certificates or degrees as recommended for such students by the faculty. The board, upon recommendation of the faculty, may also confer honorary degrees upon persons other than graduates of this university in recognition of their learning or devotion to literature, art, or science: PROVIDED, That no degree shall ever be conferred in consideration of the payment of money or the giving of property of whatsoever kind.
     (7) Accept such gifts, grants, conveyances, bequests, and devises, whether real or personal property, or both, in trust or otherwise, for the use or benefit of the university, its colleges, schools, departments, or agencies; and sell, lease or exchange, invest or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms of said gifts, grants, conveyances, bequests, and devises. The board shall adopt proper rules to govern and protect the receipt and expenditure of the proceeds of all fees, and the proceeds, rents, profits, and income of all gifts, grants, conveyances, bequests, and devises above-mentioned.
     (8) Except as otherwise provided by law, to enter into such contracts as the regents deem essential to university purposes.
     (9) To submit upon request such reports as will be helpful to the governor and to the legislature in providing for the institution.
     (10) Subject to the approval of the higher education coordinating board pursuant to RCW 28B.76.230, offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.

Sec. 2   RCW 28B.30.150 and 2004 c 275 s 53 are each amended to read as follows:
     The regents of Washington State University, in addition to other duties prescribed by law, shall:
     (1) Have full control of the university and its property of various kinds, except as otherwise provided by law.
     (2)(a) Employ the president of the university, his or her assistants, members of the faculty, and employees of the university, who, except as otherwise provided by law, shall hold their positions during the pleasure of said board of regents.
     (b) In employing the president of the university, the board has full authority for setting the compensation of the president. However, any employment contract entered into between the board and the president on or after the effective date of this section is subject to the following limitations:
     (i) Compensation other than the base salary may not be paid from the general fund state account; and
     (ii) A compensation contract between the board and the president of the university that fails to comply with the terms in this subsection is void and unenforceable.
     (3) Establish entrance requirements for students seeking admission to the university which meet or exceed the standards specified under RCW 28B.76.290(2). Completion of examinations satisfactory to the university may be a prerequisite for entrance by any applicant, at the university's discretion. Evidence of completion of public high schools and other educational institutions whose courses of study meet the approval of the university may be acceptable for entrance.
     (4) Establish such colleges, schools, or departments necessary to carry out the purpose of the university and not otherwise proscribed by law.
     (5) Subject to the approval of the higher education coordinating board pursuant to RCW 28B.76.230, offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.
     (6) With the assistance of the faculty of the university, prescribe the courses of instruction in the various colleges, schools, and departments of the institution and publish the necessary catalogues thereof.
     (7) Collect such information as the board deems desirable as to the schemes of technical instruction adopted in other parts of the United States and foreign countries.
     (8) Provide for holding agricultural institutes including farm marketing forums.
     (9) Provide that instruction given in the university, as far as practicable, be conveyed by means of laboratory work and provide in connection with the university one or more physical, chemical, and biological laboratories, and suitably furnish and equip the same.
     (10) Provide training in military tactics for those students electing to participate therein.
     (11) Establish a department of elementary science and in connection therewith provide instruction in elementary mathematics, including elementary trigonometry, elementary mechanics, elementary and mechanical drawing, and land surveying.
     (12) Establish a department of agriculture and in connection therewith provide instruction in physics with special application of its principles to agriculture, chemistry with special application of its principles to agriculture, morphology and physiology of plants with special reference to common grown crops and fungus enemies, morphology and physiology of the lower forms of animal life, with special reference to insect pests, morphology and physiology of the higher forms of animal life and in particular of the horse, cow, sheep, and swine, agriculture with special reference to the breeding and feeding of livestock and the best mode of cultivation of farm produce, and mining and metallurgy, appointing demonstrators in each of these subjects to superintend the equipment of a laboratory and to give practical instruction therein.
     (13) Establish agricultural experiment stations in connection with the department of agriculture, including at least one in the western portion of the state, and appoint the officers and prescribe regulations for their management.
     (14) Grant to students such certificates or degrees, as recommended for such students by the faculty.
     (15) Confer honorary degrees upon persons other than graduates of the university in recognition of their learning or devotion to literature, art, or science when recommended thereto by the faculty: PROVIDED, That no degree shall ever be conferred in consideration of the payment of money or the giving of property of whatsoever kind.
     (16) Adopt plans and specifications for university buildings and facilities or improvements thereto and employ skilled architects and engineers to prepare such plans and specifications and supervise the construction of buildings or facilities which the board is authorized to erect, and fix the compensation for such services. The board shall enter into contracts with one or more contractors for such suitable buildings, facilities, or improvements as the available funds will warrant, upon the most advantageous terms offered at a public competitive letting, pursuant to public notice under rules established by the board. The board shall require of all persons with whom they contract for construction and improvements a good and sufficient bond for the faithful performance of the work and full protection against all liens.
     (17) Except as otherwise provided by law, direct the disposition of all money appropriated to or belonging to the state university.
     (18) Receive and expend the money appropriated under the act of congress approved May 8, 1914, entitled "An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of the Act of Congress approved July 2, 1862, and Acts supplemental thereto and the United States Department of Agriculture" and organize and conduct agricultural extension work in connection with the state university in accordance with the terms and conditions expressed in the acts of congress.
     (19) Except as otherwise provided by law, to enter into such contracts as the regents deem essential to university purposes.
     (20) Acquire by lease, gift, or otherwise, lands necessary to further the work of the university or for experimental or demonstrational purposes.
     (21) Establish and maintain at least one agricultural experiment station in an irrigation district to conduct investigational work upon the principles and practices of irrigational agriculture including the utilization of water and its relation to soil types, crops, climatic conditions, ditch and drain construction, fertility investigations, plant disease, insect pests, marketing, farm management, utilization of fruit byproducts, and general development of agriculture under irrigation conditions.
     (22) Supervise and control the agricultural experiment station at Puyallup.
     (23) Establish and maintain at Wenatchee an agricultural experiment substation for the purpose of conducting investigational work upon the principles and practices of orchard culture, spraying, fertilization, pollenization, new fruit varieties, fruit diseases and pests, byproducts, marketing, management, and general horticultural problems.
     (24) Accept such gifts, grants, conveyances, devises, and bequests, whether real or personal property, in trust or otherwise, for the use or benefit of the university, its colleges, schools, or departments; and sell, lease or exchange, invest or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms of said gifts, grants, conveyances, bequests, and devises; and adopt proper rules to govern and protect the receipt and expenditure of the proceeds of all fees, and the proceeds, rents, profits, and income of all gifts, grants, conveyances, bequests, and devises.
     (25) Construct when the board so determines a new foundry and a mining, physical, technological building, and fabrication shop at the university, or add to the present foundry and other buildings, in order that both instruction and research be expanded to include permanent molding and die casting with a section for new fabricating techniques, especially for light metals, including magnesium and aluminum; purchase equipment for the shops and laboratories in mechanical, electrical, and civil engineering; establish a pilot plant for the extraction of alumina from native clays and other possible light metal research; purchase equipment for a research laboratory for technological research generally; and purchase equipment for research in electronics, instrumentation, energy sources, plastics, food technology, mechanics of materials, hydraulics, and similar fields.
     (26) Make and transmit to the governor and members of the legislature upon request such reports as will be helpful in providing for the institution.

Sec. 3   RCW 28B.35.120 and 2006 c 263 s 824 are each amended to read as follows:
     In addition to any other powers and duties prescribed by law, each board of trustees of the respective regional universities:
     (1) Shall have full control of the regional university and its property of various kinds, except as otherwise provided by law.
     (2)(a) Shall employ the president of the regional university, his or her assistants, members of the faculty, and other employees of the institution, who, except as otherwise provided by law, shall hold their positions, until discharged therefrom by the board for good and lawful reason.
     (b) In employing the president of the university, the board has full authority for setting the compensation of the president. However, any employment contract entered into between the board and the president on or after the effective date of this section is subject to the following limitations:
     (i) Compensation other than the base salary may not be paid from the general fund state account; and
     (ii) A compensation contract between the board and the president of the university that fails to comply with the terms in this subsection is void and unenforceable.
     (3) With the assistance of the faculty of the regional university, shall prescribe the course of study in the various schools and departments thereof and publish such catalogues thereof as the board deems necessary: PROVIDED, That the Washington professional educator standards board shall determine the requisites for and give program approval of all courses leading to teacher certification by such board.
     (4) Establish such divisions, schools or departments necessary to carry out the purposes of the regional university and not otherwise proscribed by law.
     (5) Except as otherwise provided by law, may establish and erect such new facilities as determined by the board to be necessary for the regional university.
     (6) May acquire real and other property as provided in RCW 28B.10.020, as now or hereafter amended.
     (7) Except as otherwise provided by law, may purchase all supplies and purchase or lease equipment and other personal property needed for the operation or maintenance of the regional university.
     (8) May establish, lease, operate, equip and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through 28B.10.330, as now or hereafter amended.
     (9) Except as otherwise provided by law, to enter into such contracts as the trustees deem essential to regional university purposes.
     (10) May receive such gifts, grants, conveyances, devises and bequests of real or personal property from whatsoever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the regional university programs; sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof except as limited by the terms and conditions thereof; and adopt ((regulations)) rules to govern the receipt and expenditure of the proceeds, rents, profits and income thereof.
     (11) Subject to the approval of the higher education coordinating board pursuant to RCW 28B.76.230, offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.
     (12) May ((promulgate)) adopt such rules ((and regulations)), and perform all other acts not forbidden by law, as the board of trustees may in its discretion deem necessary or appropriate to the administration of the regional university.

Sec. 4   RCW 28B.40.120 and 2006 c 263 s 825 are each amended to read as follows:
     In addition to any other powers and duties prescribed by law, the board of trustees of The Evergreen State College:
     (1) Shall have full control of the state college and its property of various kinds, except as otherwise provided by law.
     (2)(a) Shall employ the president of the state college, his or her assistants, members of the faculty, and other employees of the institution, who, except as otherwise provided by law, shall hold their positions, until discharged therefrom by the board for good and lawful reason.
     (b) In employing the president of the state college, the board has full authority for setting the compensation of the president. However, any employment contract entered into between the board and the president on or after the effective date of this section is subject to the following limitations:
     (i) Compensation other than the base salary may not be paid from the general fund state account; and
     (ii) A compensation contract between the board and the president of the state college that fails to comply with the terms in this subsection is void and unenforceable.
     (3) With the assistance of the faculty of the state college, shall prescribe the course of study in the various schools and departments thereof and publish such catalogues thereof as the board deems necessary: PROVIDED, That the Washington professional educator standards board shall determine the requisites for and give program approval of all courses leading to teacher certification by such board.
     (4) Establish such divisions, schools or departments necessary to carry out the purposes of the college and not otherwise proscribed by law.
     (5) Except as otherwise provided by law, may establish and erect such new facilities as determined by the board to be necessary for the college.
     (6) May acquire real and other property as provided in RCW 28B.10.020, as now or hereafter amended.
     (7) Except as otherwise provided by law, may purchase all supplies and purchase or lease equipment and other personal property needed for the operation or maintenance of the college.
     (8) May establish, lease, operate, equip and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through 28B.10.330, as now or hereafter amended.
     (9) Except as otherwise provided by law, to enter into such contracts as the trustees deem essential to college purposes.
     (10) May receive such gifts, grants, conveyances, devises and bequests of real or personal property from whatsoever source, as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the college programs; sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof except as limited by the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof.
     (11) Subject to the approval of the higher education coordinating board pursuant to RCW 28B.76.230, offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus facilities.
     (12) May ((promulgate)) adopt such rules ((and regulations)), and perform all other acts not forbidden by law, as the board of trustees may in its discretion deem necessary or appropriate to the administration of the college.