H-3844              _______________________________________________

                                                   HOUSE BILL NO. 1490

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Heavey, Barnes, Jacobsen, Silver, Unsoeld, Jesernig, Fox, Miller, Prince, K. Wilson, Wineberry, Crane, J. Williams, Basich, P. King, May, Nealey, Rasmussen and Hine

Read first time 1/18/88 and referred to Committee on Higher Education. Referred to Committee on Ways & Means 1/29/88.

AN ACT Relating to donated equipment for institutions of higher education; adding new sections to chapter 28B.10 RCW; adding a new section to chapter 82.12 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     A shortage of high-quality equipment in Washington's institutions of higher education hinders the ability of those institutions to provide the advanced instruction needed to maintain industrial competitiveness and spur economic development in the state.  This problem can be at least partially solved by encouraging donations of modern equipment.

NEW SECTION. Sec. 2.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this section and section 3 of this act:

          (1) "Modern equipment"  means equipment that is useful in the course of postsecondary and graduate instruction or research and is comparable to state-of-the-art equipment or equipment widely used currently in private industry, not-for-profit organizations, or government laboratories.  This definition only applies to equipment that retains at least one-half its useful life at the time of donation.

          (2) "Institutions of higher education"  means those institutions of higher education defined in RCW 28B.10.016.

          (3) "Donation"  means a transfer to an institution of higher education of modern equipment that is not encumbered in any manner.

NEW SECTION. Sec. 3.     (1) After issuing a need statement and accepting a donation of modern equipment, an institution of higher education shall promptly have the fair market value of such equipment assessed by a qualified, independent expert.  However, when the price of the donated modern equipment is listed in current catalogs or price lists, an independent expert need not be used.  The assessed fair market value of such equipment or the listed value shall then be reported to the higher education coordinating board, along with such other information as the board deems necessary.

          (2) Upon receipt of a report under subsection (1) of this section, the board may distribute to the recipient institution of higher education, if funds are available, an amount equal to the fair market value of the donated equipment.  These funds, and the proceeds of the funds, shall be used for the installation, operation, and maintenance of the donated equipment.

          (3) In consultation with institutions of higher education, the board shall adopt rules and guidelines for the program.  These rules and guidelines may include an allocation system based on factors  including but not limited to: The amount of funding available for the program and the needs of special programs which have been designated as priority programs by the legislature, the governor, or the institutions.

NEW SECTION. Sec. 4.  A new section is added to chapter 82.12 RCW to read as follows:

          The provisions of this chapter shall not apply to modern equipment donated to institutions of higher education, each as defined in section 2 of this act.

NEW SECTION. Sec. 5.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 6.     Sections 2 and 3 of this act are each added to chapter 28B.10 RCW.