AN ACT Relating to school-community facilities; amending RCW 28A.47.105, 28B.50.530, and 28B.50.740; adding new sections to chapter 28A.47 RCW; adding a new section to chapter 28A.58 RCW; adding new sections to chapter 28B.10 RCW; adding a new section to chapter 28B.50 RCW; creating a new section; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. (1) The legislature finds and declares the following:

(a) It is necessary to evaluate and rethink the manner in which common school, community college, and state college and university facilities are funded and designed to promote both community college and school district partnerships as authorized under RCW 28B.50.530 and partnerships between these elements and the state colleges and universities.

(b) Increasing the opportunities for innovative partnerships and cooperative programs between school districts, community colleges, and state colleges and universities can enhance the relationship between these elements of the state's education system.

(c) It can be cost-effective, educationally sound, and socially responsible to encourage the use of multipurpose school facilities.

(d) Current constraints on the state's ability to provide matching funds for common school projects approved by the state board of education, to support community college capital projects through the community college bond retirement fund in the custody of the state treasurer, and to support state college and university capital projects illustrate the need to provide school districts, community college districts, and state colleges and universities with alternative means to raise funds for capital projects.

(2) It is the intent of the legislature to encourage the innovative design, construction, and use of a new generation of multipurpose facilities that can meet a variety of educational, social, recreational, and cultural needs of communities, and to provide school districts, community college districts, and state colleges and universities with additional flexibility to collaborate on funding the construction of such facilities.

NEW SECTION. Sec. 2. A new section is added to chapter 28A.47 RCW to read as follows:

Unless the context clearly indicates otherwise the definitions in this section apply in RCW 28A.47.105, 28B.50.530, 28B.50.740, and sections 4, 8, 9, and 10 of this act.

(1) "School facility" or "school plant facilities" means school plant projects and school buildings, including portable buildings or classrooms, and the grounds on which such facilities are located, that are used separately or jointly for common school, community college, or state college or university purposes and may mean a community school as defined under subsection (2) of this section.

(2) "Community school" or "community school facility" means a multipurpose community facility in a city, town, or township out of which preschool through grade twelve, community college programs, or state college or university programs, or any combination of these, can be offered, that can serve to support community education programs pursuant to RCW 28A.58.246 and 28A.58.247.

Sec. 3. Section 1, chapter 112, Laws of 1987 and RCW 28A.47.105 are each amended to read as follows:

School districts shall be required to lease for a reasonable fee vacant school plant facilities from a contiguous school district, a community college district, or a state college or university, wherever possible.

No school district with unhoused students may be eligible for the state matching funds for the construction of school plant facilities if:

(1)(a) The school district contiguous to the school district applying for the state matching percentage has vacant school plant facilities;

(b) The community college district in which the school district applying for the state matching percentage is located has vacant school plant facilities; or

(c) A state college or university located in the legislative district in which the school district is located has vacant school plant facilities which can be made available;

(2) The superintendent of public instruction and the state board of education, the state board for community college education as applicable, and the higher education coordinating board as applicable have determined the vacant school plant facilities available in the contiguous district, in the community college district, or at the state college or university will fulfill the needs of the applicant district in housing unhoused students. In determining whether the contiguous district school plant facilities, the community college district school plant facilities, or the state college or university school plant facilities meet the needs of the applicant district, consideration shall be given, but not limited to, the geographic location of the vacant facilities as they relate to the applicant district; and

(3) A lease of the vacant school plant facilities in the contiguous district, the community college district, or at the state college or university can be negotiated.

NEW SECTION. Sec. 4. A new section is added to chapter 28A.58 RCW to read as follows:

Any combination of a state college or university board of trustees or regents, a community college district board of trustees, and a board of directors of a school district are hereby authorized to submit jointly, to the registered voters of the school district, the community college district in which the school district is located, and the congressional district in which the applicable state college or university campus, facility, or program is located, a ballot proposition for a levy or bond issue for the construction, modernization, renovation, or repair of a community school to be used by any combination of the school district, the community college district, and the state college or university as a school facility as defined in section 2 of this act. The ballot proposition and approval requirements shall meet the requirements of this section.

Sec. 5. Section 28B.50.530, chapter 223, Laws of 1969 ex. sess. and RCW 28B.50.530 are each amended to read as follows:

((~~The~~)) Community college district boards of trustees, state college and university boards of trustees or regents, and ((~~the common~~)) school district boards of directors are hereby authorized to enter into agreements for the use ((~~by either~~)) of ((~~the~~)) each other's services, facilities, or equipment and for ((~~the presentation of courses of either for students of the other~~)) any of these educational institutions to present courses to each other's students, where such agreements are deemed to be in the best interests of the education of the students involved.

NEW SECTION. Sec. 6. A new section is added to chapter 28B.10 RCW to read as follows:

State college and university boards of trustees or regents, community college district boards of trustees, and school district boards of directors are authorized to enter into agreements for the use of each other's services, facilities, or equipment and for any of these educational institutions to present courses to each other's students, where such agreements are deemed to be in the best interests of the education of the students involved.

Sec. 7. Section 28B.50.740, chapter 223, Laws of 1969 ex. sess. and RCW 28B.50.740 are each amended to read as follows:

Notwithstanding any other statutory provision relating to indebtedness of school districts, bonds ((~~heretofore~~)) issued by any common school district for the purpose of providing funds for community college facilities or for community school facilities as defined in section 2 of this act shall not be considered as indebtedness in determining the maximum allowable indebtedness under any statutory limitation of indebtedness when the sum of all indebtedness therein does not exceed the maximum constitutional allowable indebtedness applied to the value of the taxable property contained in such school district((~~: PROVIDED, That~~)). Nothing contained herein shall be construed to affect the distribution of state funds under any applicable distribution formula: PROVIDED, That bonds may be issued for the purposes identified in this section not more than once in a ten-year period by a school district.

NEW SECTION. Sec. 8. A new section is added to chapter 28A.47 RCW to read as follows:

Any combination of a school district, a community college district, and a state college or university may submit jointly to the registered voters of the school district, the community college district, or the congressional district in which the applicable state college or university campus, facility, or program is located, pursuant to rules adopted by the state board of education, the state board for community college education, or the board of trustees or regents of the state college or university, a bond issue for a school facility or a community school as defined under section 2 of this act.

NEW SECTION. Sec. 9. A new section is added to chapter 28B.50 RCW to read as follows:

(1) A community college district may levy an ad valorem property tax, in excess of the one percent limitation, upon the property within the district for a one-year period to be used for capital purposes whenever authorized at a general election by the registered voters of the community college district pursuant to RCW 84.52.052 and Article VII, section 2(a) of the state Constitution.

(2) A community college district may issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to two and one-half percent of the value of the taxable property within the district, as the term "value of taxable property" is defined under RCW 39.36.015, when authorized at a general election by the registered voters of the community college district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided under subsection (3) of this section. The community college district may submit a single proposition to the voters that, if approved, authorizes both the issuance of the bonds and the bond retirement property tax levies: PROVIDED, That the bonds may be used only for the construction of a school facility as defined under section 2(1) of this act, or for the modernization, renovation, or repair of an existing facility if such modernization, renovation, or repair will result in the facility being used as a school facility as defined under section 2(1) of this act.

(3) A community college district may provide for the retirement of voter approved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property tax levies, in excess of the one percent limitation, whenever authorized at a general election by the registered voters of the community college district pursuant to Article VII, section 2(b) of the state Constitution and RCW 84.52.056.

NEW SECTION. Sec. 10. A new section is added to chapter 28B.10 RCW to read as follows:

(1) A state college or university may levy an ad valorem property tax, in excess of the one percent limitation, upon the property within a congressional district for the construction or renovation of a state college or university facility located in the congressional district, for a one-year period to be used for capital purposes whenever authorized at a general election by the registered voters of the congressional district pursuant to RCW 84.52.052 and Article VII, section 2(a) of the state Constitution.

(2) A state college or university may issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to two and one-half percent of the value of the taxable property as the term "value of taxable property" is defined under RCW 39.36.015, within a congressional district for the construction or renovation of a state college or university facility located in the congressional district, when authorized at a general election by the registered voters of the congressional district pursuant to Article VIII, section 6 of the state Constitution, and to provide for the retirement thereof by excess property tax levies as provided under subsection (3) of this section. The state college or university may submit a single proposition to the voters that, if approved, authorizes both the issuance of the bonds and the bond retirement property tax levies: PROVIDED, That the bonds may be used only for the construction of a school facility as defined under section 2 (1) of this act or for the modernization, renovation, or repair of an existing facility if such modernization, renovation, or repair will result in the facility being used as a school facility as defined under section 2(1) of this act.

(3) A state college or university may provide for the retirement of voter-approved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property tax levies, in excess of the one percent limitation, whenever authorized at a general election by the registered voters of the congressional district which approved the general obligation bonds pursuant to Article VII, section 2(b) of the state Constitution and RCW 84.52.056.

NEW SECTION. Sec. 11. 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. 12. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 30, 1989.