1326-S AMH MULL H2152.2

SHB 1326 - H AMD 339 ADOPTED 3/13/95

By Representative Mulliken

     Strike everything after the enacting clause and insert the following:

     "NEW SECTION. Sec. 1.  A new section is added to chapter 28B.63 RCW to read as follows:

     (1) This section shall not apply to commercial activities operating in an institution of higher education before January 1, 1995.

     (2) If a dispute arises regarding a proposed commercial activity exempt or nonexempt under this chapter, the institutional governing board shall at the official written request of a local chamber of commerce or the local city council conduct a public hearing.  The request shall state with reasonable particularity the issue regarding (a) the institution's commercial activity; or (b) compliance with the policy development process in RCW 28B.63.030; or (c) exemptions to the commercial activity policy development process.  The request shall include a statement of economic impact on the local area.  The statement shall include a brief description of the commercial activity, the volume of business anticipated, the number of businesses in the community involved in the same or a similar commercial activity and the estimated fiscal impact of the activity on the local business community.  Written notice and an opportunity to be heard shall be provided to all interested parties.  Pending the outcome of the hearing the institution shall not proceed with the proposed commercial activity or act on the policy that is in question.

     (3) If the dispute is not resolved after a governing board hearing held in accordance with subsection (2) of this section the governing board shall upon receipt of a petition opposing a proposed commercial activity that is signed by fifty percent of local business persons subject to taxation under chapter 82.04 RCW, direct the institution of higher education to cease the activity or refrain from engaging in a proposed activity.

NEW SECTION. Sec. 2.  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 immediately."

EFFECT:  A process is established for an institutional governing board to review disputes and upon receipt of a petition prohibit a commercial activity.

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