Passed by the House March 2, 2011 Yeas 63   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 12, 2011 Yeas 43   ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE HOUSE BILL 1909 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/25/11.
AN ACT Relating to creating a funding mechanism to promote innovation at community and technical colleges; amending RCW 28B.15.031 and 28B.15.100; reenacting and amending RCW 43.79A.040; adding a new section to chapter 28B.50 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that the community
and technical college system mission to ensure affordable access to
higher education geographically distributed throughout the state is
aligned with innovative approaches to learning and substantial
efficiencies that have been implemented since the legislature
established the system in 1967. Systemic approaches include a common
accounting system, a common administrative computing system, a single
system budget request for operating and capital expenses, and common
course numbering. Innovative approaches include the system's e-learning platform, the adoption of open educational resources, and the
adoption of lecture-capture tools that allow students to replay
lectures, review classroom materials, and distribute outstanding
instruction via the web anytime, anywhere.
(2) It is the intent of the legislature to further enhance the
community and technical college system by making the maximum use of
technologies to:
(a) Help dismantle the barriers of geographic isolation, cost,
competing demands of work and family life, and past educational
failure;
(b) Create a system for learning that is welcoming to all, easy to
enter and use, and tailored to the needs of each learner; and
(c) Foster personal relationships and support all students and
their families to learn and thrive.
Sec. 2 RCW 28B.15.031 and 2003 c 232 s 2 are each amended to read
as follows:
(1) The term "operating fees" as used in this chapter shall include
the fees, other than building fees, charged all students registering at
the state's colleges and universities but shall not include fees for
short courses, self-supporting degree credit programs and courses,
marine station work, experimental station work, correspondence or
extension courses, and individual instruction and student deposits or
rentals, disciplinary and library fines, which colleges and
universities shall have the right to impose, laboratory, gymnasium,
health, technology and student activity fees, or fees, charges,
rentals, and other income derived from any or all revenue producing
lands, buildings and facilities of the colleges or universities
heretofore or hereafter acquired, constructed or installed, including
but not limited to income from rooms, dormitories, dining rooms,
hospitals, infirmaries, housing or student activity buildings,
vehicular parking facilities, land, or the appurtenances thereon, or
such other special fees as may be established by any college or
university board of trustees or regents from time to time. All moneys
received as operating fees at any institution of higher education shall
be deposited in a local account containing only operating fees revenue
and related interest: PROVIDED, That a minimum of three and one-half
percent of operating fees shall be retained by the institutions for the
purposes of RCW 28B.15.820.
(2) In addition to the three and one-half percent of operating fees
retained by the institutions under subsection (1) of this section, up
to three percent of operating fees charged to students at community and
technical colleges shall be transferred to the community and technical
college innovation account for the implementation of the college
board's strategic technology plan in section 3 of this act. The
percentage to be transferred to the community and technical college
innovation account shall be determined by the college board each year
but shall not exceed three percent of the operating fees collected each
year.
(3) Local operating fee accounts shall not be subject to
appropriation by the legislature or allotment procedures under chapter
43.88 RCW.
NEW SECTION. Sec. 3 A new section is added to chapter 28B.50 RCW
to read as follows:
(1) The community and technical college innovation account is
created in the custody of the state treasurer. All receipts from
operating fees in RCW 28B.15.031(2) must be deposited into the account.
Expenditures from the account may be used only as provided in
subsection (2) of this section. Only the director of the college board
or the director's designee may authorize expenditures from the account.
The account is subject to allotment procedures under chapter 43.88 RCW,
but an appropriation is not required for expenditures.
(2) Funds in the community and technical college innovation account
may be used solely to:
(a) Pay and secure the payment of the principal of and interest on
financing contracts, such as certificates of participation issued for
the innovation account under chapter 39.94 RCW and authorized by the
legislature; and
(b) Implement the college board's strategic technology plan to
improve student achievement, student services, and increase systemwide
administrative efficiencies. The college board must approve projects
under the strategic technology plan to improve student achievement,
student services, and increase systemwide administrative efficiencies
before the director authorizes expenditures to be made. For large
enterprise resource planning projects, the college board shall develop
a technical and operational business plan and submit it to the
legislature for approval before the project can be implemented.
(3) Consistent with the implementation of the strategic technology
plan, the college board and the community and technical colleges shall
engage in substantial business process reengineering and adopt
systemwide approaches to admissions, financial aid, student
identification numbers, student transcripts, and other systemwide
processes.
(4) If the community and technical college system pursues an
enterprise resource planning solution, they shall consider adoption of
existing solutions already deployed at institutions of higher education
in the state; short and long-term total costs of ownership;
opportunities for partnerships, collaboration, coordination and
consolidation with other entities in higher education; technical
flexibility; and other requirements that support costs efficiencies.
If the college board adopts a plan for an enterprise solution that is
not coordinated with other institutions of higher education,
authorization of expenditure of funds by the legislature must be
approved by the office of financial management.
Sec. 4 RCW 43.79A.040 and 2010 1st sp.s. c 19 s 22, 2010 1st
sp.s. c 13 s 4, 2010 1st sp.s. c 9 s 6, 2010 c 222 s 4, and 2010 c 215
s 7 are each reenacted and amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested,
and reinvested by the state treasurer in accordance with RCW 43.84.080
in the same manner and to the same extent as if the money were in the
state treasury, and may be commingled with moneys in the state treasury
for cash management and cash balance purposes.
(2) All income received from investment of the treasurer's trust
fund must be set aside in an account in the treasury trust fund to be
known as the investment income account.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for payments to
financial institutions. Payments must occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer must distribute the earnings
credited to the investment income account to the state general fund
except under (b), (c), and (d) of this subsection.
(b) The following accounts and funds must receive their
proportionate share of earnings based upon each account's or fund's
average daily balance for the period: The Washington promise
scholarship account, the college savings program account, the
Washington advanced college tuition payment program account, the
accessible communities account, the community and technical college
innovation account, the agricultural local fund, the American Indian
scholarship endowment fund, the foster care scholarship endowment fund,
the foster care endowed scholarship trust fund, the students with
dependents grant account, the basic health plan self-insurance reserve
account, the contract harvesting revolving account, the Washington
state combined fund drive account, the commemorative works account, the
county enhanced 911 excise tax account, the Washington international
exchange scholarship endowment fund, the toll collection account, the
developmental disabilities endowment trust fund, the energy account,
the fair fund, the family leave insurance account, the food animal
veterinarian conditional scholarship account, the fruit and vegetable
inspection account, the future teachers conditional scholarship
account, the game farm alternative account, the GET ready for math and
science scholarship account, the Washington global health technologies
and product development account, the grain inspection revolving fund,
the juvenile accountability incentive account, the law enforcement
officers' and firefighters' plan 2 expense fund, the local tourism
promotion account, the pilotage account, the produce railcar pool
account, the regional transportation investment district account, the
rural rehabilitation account, the stadium and exhibition center
account, the youth athletic facility account, the self-insurance
revolving fund, the sulfur dioxide abatement account, the children's
trust fund, the Washington horse racing commission Washington bred
owners' bonus fund and breeder awards account, the Washington horse
racing commission class C purse fund account, the individual
development account program account, the Washington horse racing
commission operating account (earnings from the Washington horse racing
commission operating account must be credited to the Washington horse
racing commission class C purse fund account), the life sciences
discovery fund, the Washington state heritage center account, the
reduced cigarette ignition propensity account, and the reading
achievement account.
(c) The following accounts and funds must receive eighty percent of
their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The advanced right-of-way
revolving fund, the advanced environmental mitigation revolving
account, the federal narcotics asset forfeitures account, the high
occupancy vehicle account, the local rail service assistance account,
and the miscellaneous transportation programs account.
(d) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the custody of the
state treasurer that deposits funds into a fund or account in the
custody of the state treasurer pursuant to an agreement with the office
of the state treasurer shall receive its proportionate share of
earnings based upon each account's or fund's average daily balance for
the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 5 RCW 28B.15.100 and 2003 c 232 s 6 are each amended to read
as follows:
(1) The governing boards of the state universities, the regional
universities, The Evergreen State College, and the community colleges
shall charge to and collect from each of the students registering at
the particular institution for any quarter or semester such tuition
fees and services and activities fees, and other fees as such board
shall in its discretion determine. For the governing boards of the
state universities, the regional universities, and The Evergreen State
College, the total of all fees shall be rounded to the nearest whole
dollar amount: PROVIDED, That such tuition fees shall be established
in accordance with RCW 28B.15.067.
(2) Part-time students shall be charged tuition and services and
activities fees proportionate to full-time student rates established
for residents and nonresidents: PROVIDED, That except for students
registered at community colleges, students registered for fewer than
two credit hours shall be charged tuition and services and activities
fees at the rate established for two credit hours: PROVIDED FURTHER,
That, subject to the limitations of RCW 28B.15.910, residents of Idaho
or Oregon who are enrolled in community college district number twenty
for six or fewer credits during any quarter or semester may be exempted
from payment of all or a portion of the nonresident tuition fees
differential upon a declaration by the higher education coordinating
board that it finds Washington residents from the community college
district are afforded substantially equivalent treatment by such other
states.
(3) Full-time students registered for more than eighteen credit
hours shall be charged an additional operating fee for each credit hour
in excess of eighteen hours at the applicable established per credit
hour tuition fee rate for part-time students: PROVIDED, That, subject
to the limitations of RCW 28B.15.910, the governing boards of the state
universities and the community colleges may exempt all or a portion of
the additional charge, for students who are registered exclusively in
first professional programs in medicine, dental medicine, veterinary
medicine, doctor of pharmacy, or law, or who are registered exclusively
in required courses in vocational preparatory programs.