5836-S2 AMS ANDE S2382.3

2SSB 5836 - S AMD

By Senator Anderson

                                               NOT ADOPTED 3/11/93

    On page 6, after line 21, insert the following:

    "NEW SECTION. Sec. 7.  The higher education options program is created to meet the implementation criteria in section 1 of this act.  The intent aims to further (1) increasing flexibility, (2) efficiency, and (3) the quality of the state system of higher education.  The higher education options program will serve as a practical implementation of the goals set forth in section 4 of this act by providing the higher education coordinating board with the information necessary to prepare its report on improving flexibility, quality, and access.

NEW SECTION. Sec. 8.  A new section is added to chapter 28B.10 RCW to read as follows:

    (1) The higher education options program establishes that all institutions of higher education located in any county in the state that contains a regional university, a community college, and a technical college may determine the enrollment levels at their respective institutions and purchase services or the delivery of services through contracts with individuals or business entities in the most efficient and cost-effective manner.  For institutions eligible for the higher education options program, the director of general administration, through the state purchasing and material control director established in RCW 43.19.180, shall be provided the highest level of flexibility in the purchase of all materials, supplies, services, and equipment necessary for the efficient support, maintenance, repair, and use of all agencies and departments under RCW 43.19.190.

    (2) Institutions of higher education located in counties described in subsection (1) of this section shall not be subject to any enrollment limitations or student quality standards or current purchasing, personnel, and contracting limitations.

    Sec. 9.  RCW 28B.15.515 and 1991 c 353 s 1 are each amended to read as follows:

    (1) The boards of trustees of the community college districts may operate summer schools on either a self-supporting or a state-funded basis.

    If summer school is operated on a self-supporting basis, the fees charged shall be retained by the colleges, and shall be sufficient to cover the direct costs, which are instructional salaries and related benefits, supplies, publications, and records.

    Community colleges that have self-supporting summer schools shall continue to receive general fund state support for vocational programs that require that students enroll in a four quarter sequence of courses that includes summer quarter due to clinical or laboratory requirements and for ungraded courses limited to adult basic education, vocational apprenticeship, aging and retirement, small business management, industrial first aid, and parent education.

    (2)(a) The board of trustees of a community college district may permit the district's state-funded, full-time equivalent enrollment level, as provided in the operating budget appropriations act, to vary by plus or minus two percent each fiscal year unless otherwise authorized in the operating budget appropriations act.  If the variance is above the state-funded level, the district may charge those students above the state-funded level a fee equivalent to the amount of tuition and fees that are charged students enrolled in state-funded courses.  These fees shall be retained by the colleges.

    (b) Any community college that in 1990‑91 has an enrollment above the state-funded level but below the authorized variance may increase its excess enrollments to within the variance.

    (c) Community colleges that currently have excess enrollments more than the authorized variance, by means of enrollments that would have otherwise been eligible for state funding, shall reduce those excess enrollments to within the authorized variance by September 1, 1995, in at least equal annual reductions, commencing with the 1991‑92 fiscal year.

    (d) Except as permitted by (c) of this subsection, should the number of student-supported, full-time equivalent enrollments in any fiscal year fall outside the authorized variance, the college shall return by September 1st to the state general fund, an amount equal to the college's full average state appropriations per full-time equivalent student for such student-funded full-time equivalent outside the variance, unless otherwise provided in the operating budget appropriations act.

    (3) The state board for community and technical colleges ((education)) shall ensure compliance with this section.

(4) This section shall not apply to a community or technical college participating in the higher education options program established in sections 7 and 8 of this act.

NEW SECTION. Sec. 10.  A new section is added to chapter 28B.35 RCW to read as follows:

    Regional universities in any county in the state that also contains a community college and a technical college may exceed enrollment limitations and may retain tuition locally to achieve the policy attributes in section 1(2) and (3), chapter . . ., Laws of 1993 (section 1(2) and (3) of this act) as part of the higher education options program created in sections 7 and 8 of this act.

    Sec. 11.  RCW 28B.16.040 and 1990 c 60 s 201 are each amended to read as follows:

    The following classifications, positions, and employees of institutions of higher education and related boards are hereby exempted from coverage of this chapter:

    (1) Members of the governing board of each institution and related boards, all presidents, vice presidents and their confidential secretaries, administrative and personal assistants; deans, directors, and chairmen; academic personnel; and executive heads of major administrative or academic divisions employed by institutions of higher education; and any employee of a community college district whose place of work is one which is physically located outside the state of Washington and who is employed pursuant to RCW 28B.50.092 and assigned to an educational program operating outside of the state of Washington.

    (2) Student, part time, or temporary employees, and part time professional consultants, as defined by the higher education personnel board, employed by institutions of higher education and related boards.

    (3) The director, his or her confidential secretary, assistant directors, and professional education employees of the state board for community and technical colleges ((education)).

    (4) The personnel director of the higher education personnel board and his or her confidential secretary.

    (5) The governing board of each institution, and related boards, may also exempt from this chapter, subject to the employees right of appeal to the higher education personnel board, classifications involving research activities, counseling of students, extension or continuing education activities, graphic arts or publications activities requiring prescribed academic preparation or special training, and principal assistants to executive heads of major administrative or academic divisions, as determined by the higher education personnel board((:  PROVIDED, That no nonacademic employee engaged in office, clerical, maintenance, or food and trade services may be exempted by the higher education personnel board under this provision)).

    Any classified employee having civil service status in a classified position who accepts an appointment in an exempt position shall have the right of reversion to the highest class of position previously held, or to a position of similar nature and salary.

    A person occupying an exempt position who is terminated from the position for gross misconduct or malfeasance does not have the right of reversion to a classified position as provided for in this section.

    Sec. 12.  RCW 28B.16.240 and 1979 ex.s. c 46 s 1 are each amended to read as follows:

    ((Nothing contained in this chapter shall prohibit any)) An institution of higher education, as defined in RCW 28B.10.016, ((or)) related board ((from purchasing services by contract with individuals or business entities if such services were regularly purchased by valid contract at such institution prior to April 23, 1979:  PROVIDED, That no such contract may be executed or renewed if it would have the effect of terminating classified employees or classified employee positions existing at the time of the execution or renewal of the contract)), and all institutions of higher education participating in the higher education options program, as established in sections 7 and 8 of this act, may purchase services or the delivery of services through contracts with individuals or business entities.  The execution or renewal of the contract must be in compliance with the provisions of RCW 43.19.1906.

NEW SECTION. Sec. 13.  Sections 7 through 12 of this act shall expire June 30, 1997."

    Renumber the remaining section consecutively.

2SSB 5836 - S AMD

By Senator Anderson

    On page 1, line 1 of the title, after "28B.80.330" strike the remainder of the title and insert ", 28B.15.515, 28B.16.040, and 28B.16.240; adding new sections to chapter 28B.80 RCW; adding a new section to chapter 28B.10 RCW; adding a new section to chapter 28B.35 RCW; creating new sections; providing an effective date; and declaring an emergency."

                            --- END ---