HOUSE BILL REPORT

SB 6101

As Amended by the House

BYSenators Saling, Smitherman, Gaspard, Rinehart, West and Stratton

Changing eligibility requirements for members of the state board for community college education.

House Committe on Higher Education

Majority Report:  Do pass with amendments.  (9)

      Signed by Representatives Jacobsen, Chair; Barnes, Basich, Fox, Jesernig, Miller, Nelson, Silver and Unsoeld.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Heavey, Vice Chair and K. Wilson.

House Staff:Susan Hosch (786-7120)

AS PASSED HOUSE MARCH 3, 1988

BACKGROUND:

By law, a member of the State Board for Community College Education must be a citizen and bona fide resident of the state. During the member's term in office, he or she is prohibited from simultaneously serving on any community college board of trustees.  Members are also prohibited from simultaneously serving on the State Board of Education, any K-12 board, and any governing board of a public or independent educational institution.  Members of the State Board must not be an employee of any of the boards named previously, and must not have any direct pecuniary interest in education in this state.

Each member of a local community college board of trustees must be a resident and qualified elector of the community college district.  A trustee cannot be an employee of the community college system, or a member of the board of directors of any school district, or a member of the governing board of any public or private educational institution.

These conflict of interest provisions were adopted during the advent of the community college system.  At that time, the system was being created, in part, from educational institutions under the jurisdiction of the State Board of Education and local K-12 governing boards.  The provisions are similar to conflict of interest provisions governing the State Board of Education.

Members of other higher education governing boards fall under the Executive Branch Conflict of Interest Act.  That statute does not include the types of restrictions contained in the community college statutes.

SUMMARY:

The restrictions that prohibit a member of the State Board for Community College Education from serving as a member or employee of any public or private educational governing board, and with having any direct pecuniary interest in education in this state, are eliminated.  However, a member of a community college board of trustees is not permitted to serve on the State Board for Community College Education.

Fiscal Note:      Not Requested.

Effective Date:The bill contains an emergency clause and takes effect immediately.

House Committee ‑ Testified For:    Fred Romero, State Board for Community College Education; Rich Montecucco, Assistant Attorney General.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    An outstanding member of the State Board had to resign after taking a job with the Spokane Joint Center Board.  This legislation would prevent that situation from occurring in the future, and would permit the governor to reappoint him.

House Committee - Testimony Against:      None Presented.