6655-S AMH HE H5326.1

6655-S AMH HE H5326.1

SSB 6655 - H COMM AMD ADOPTED 3-5-98

By Committee on Higher Education

Strike everything after the enacting clause and insert the following:

"NEW SECTION. Sec. 1. It is the intent of the legislature to provide the necessary access to quality upper division and graduate higher education opportunities for the citizens of Spokane. The legislature intends that the Spokane branch campus of Washington State University, offering upper-division and graduate programs, be located at the Riverpoint Higher Education Park and that Washington State University be the administrative and fiscal agent for the Riverpoint Higher Education Park. In addition, those programs offered by Eastern Washington University that meet the rules and guidelines established by the higher education coordinating board's program approval process may serve students at the Riverpoint Higher Education Park. The legislature intends to streamline the program planning and approval process in Spokane by eliminating the joint center for higher education; thereby treating the Spokane higher education community like other public higher education communities in Washington that receive program approval from the higher education coordinating board. However, the legislature encourages partnerships, collaboration, and avoidance of program duplication through regular communication among the presidents of Spokane's public and private institutions of higher education. The legislature further intends that the residential mission of Eastern Washington University in Cheney be strengthened and that Eastern Washington University focus on the excellence of its primary campus in Cheney.

In addition, the legislature finds that the Spokane intercollegiate research and technology institute is a vital and necessary element in the academic and economic future of eastern Washington. The legislature also finds that it is in the interest of the state of Washington to support and promote applied research and technology in areas of the state that, because of geographic or historic circumstances, have not developed fully balanced economies. It is the intent of the legislature that institutions of higher education and the department of community, trade, and economic development work cooperatively with the private sector in the development and implementation of a technology transfer and integration program to promote the economic development and enhance the quality of life in eastern Washington.

NEW SECTION. Sec. 2. (1) The higher education coordinating board shall manage an assessment that determines the current higher education resources of the greater Spokane area and the current and future capital and programmatic higher education needs of the Spokane area, including the balance among anticipated, unmet, and fully met higher education needs. This assessment shall be coordinated with an economic analysis of the greater Spokane area.

(2) The higher education coordinating board, in coordination with the office of financial management, the employment security department, and the department of community, trade, and economic development, shall oversee the administration of an economic assessment of the greater Spokane area. This assessment shall reference previous economic studies of the greater Spokane area and include:

(a) Input from Spokane area civic leaders as well as the higher education and business communities;

(b) An evaluation of the current economic situation in the greater Spokane area and potential sectors and subsectors for significant job expansion;

(c) An analysis of the possible transformation of the economic base toward high technology and opportunities for industries producing higher wages; and

(d) An evaluation of the basic and applied research resources and needs of the present and future economy of the area.

(3) The assessments in subsections (1) and (2) of this section shall be completed by July 1, 1998, and a final report submitted to the higher education and fiscal committees of the legislature by October 1, 1998.

(4) By December 1, 1998, based on the findings of the assessments in subsections (1) and (2) of this section, the higher education coordinating board shall evaluate and develop a plan for the disposition of the Eastern Washington University Spokane Center Building.

(5)(a) By December 1, 1998, based on the findings of the assessments in subsections (1) and (2) of this section, Washington State University shall develop and deliver to the higher education coordinating board for approval a plan for the management of the Riverpoint Higher Education Park, excluding the land and the Spokane Intercollegiate Research and Technology Institute, that includes:

(i) Capital facilities maintenance and development;

(ii) Coordination of upper-division course offerings; and

(iii) The coordination of graduate programs in Spokane.

(b) In developing the plan in (a) of this subsection, Washington State University shall:

(i) Assume that Eastern Washington University students enrolled in Eastern Washington University courses will pay Eastern Washington University tuition rates; and

(ii) Emphasize and implement a maximum level of collaboration and partnerships by Eastern Washington University, Washington State University, and private institutions of higher education at the Riverpoint Higher Education Park.

(c) Washington State University shall submit a preliminary higher education services plan for the Riverpoint Higher Education Park to the higher education coordinating board by September 1, 1998, and a final plan to the higher education coordinating board and the office of financial management by October 15, 1998. The plan shall incorporate, but not be limited to:

(i) Relocation of all Spokane-based upper-division and graduate course offerings and academic programs offered by public universities in the city of Spokane to the Riverpoint Higher Education Park, using existing and planned structures at the Riverpoint Higher Education Park, except that the nursing courses and programs located in the intercollegiate center for nursing education facility shall remain at that location; and

(ii) A plan to establish an intercollegiate health sciences consortium that would be modeled on the intercollegiate center for nursing education. The intercollegiate health sciences consortium shall include, but not be limited to, programs offered through the intercollegiate center for nursing education and public and private institutions of higher education. Programs offered by Eastern Washington University in physical therapy, communication disorders, nursing, and dental hygiene shall continue to be offered by Eastern Washington University in Spokane.

(6) Washington State University, in consultation with the higher education coordinating board, shall write a new mission statement and operations plan for its Spokane branch campus. The draft mission statement and plan shall be submitted to the higher education coordinating board by September 1, 1998, and a final mission statement and plan shall be submitted to the higher education coordinating board for approval by October 15, 1998. The academic mission and plan shall include, but not be limited to the following elements:

(a) Identifying those academic centers of excellence on which Washington State University Spokane branch campus should focus, build, and expand in order to enhance its upper-division and graduate enrollment;

(b) Reflecting that programs in physical therapy, communications disorders, nursing, and dental hygiene continue to be offered through Eastern Washington University in Spokane;

(c) Including a requirement that Washington State University identify and report to the higher education coordinating board programs that should be offered in Spokane because of documented demand, unique partnerships, demonstrated efficiency, and other considerations. The draft of the report shall be submitted to the higher education coordinating board by September 1, 1998, and the final report shall be submitted to the higher education coordinating board by October 15, 1998;

(d) Ensuring that undergraduate programs that are offered at Washington State University Spokane branch campus do not duplicate undergraduate programs offered by Eastern Washington University at Cheney;

(e) Describing and targeting Washington State University Spokane branch campus's primary student audience;

(f) Ensuring that Washington State University Spokane branch campus's admission standards complement the primary student audience;

(g) Describing circumstances under which it is appropriate for Washington State University Spokane branch campus programs to serve nonprimary students;

(h) Establishing projected enrollment levels for Washington State University Spokane branch campus that reflect the needs of a upper-division and graduate level branch campus and that account for the demographic qualities and growth patterns associated with the areas from which the branch campus draws its students;

(i) Describing how Washington State University Spokane branch campus's enrollment levels will be consistent with state enrollment levels;

(j) Developing financial projections for serving these projected enrollment levels; and

(k) Analyzing and reviewing all capital and capacity information regarding the Washington State University Spokane branch campus, with particular attention to the current state of the existing physical plant and to the realistic enrollment capacity of the campus.

(7) Eastern Washington University, in consultation with the higher education coordinating board, shall write a new mission statement and operations plan for Eastern Washington University as a comprehensive, Cheney-based public institution of higher education. The draft mission statement and plan shall be submitted to the higher education coordinating board by September 1, 1998, and a final mission statement and plan shall be submitted to the higher education coordinating board for approval by October 15, 1998. The academic mission and plan shall include, but not be limited to the following elements:

(a) Identifying those academic centers of excellence on which Eastern Washington University should focus, build, and expand in order to enhance its enrollment and reaffirm its reputation for academic excellence;

(b) Reflecting that programs in physical therapy, communications disorders, nursing, and dental hygiene continue to be offered through Eastern Washington University in Spokane;

(c) Including a requirement that Eastern Washington University identify and report to the higher education coordinating board program offerings in Spokane that should be returned to the Cheney campus, discontinued, or continued to be offered in Spokane because of documented demand, unique partnerships, demonstrated efficiency, and other considerations. The draft of the report shall be submitted to the higher education coordinating board by September 1, 1998, and the final report shall be submitted to the higher education coordinating board by October 15, 1998;

(d) Ensuring that every effort is made to protect the academic interests of and minimize adverse impacts on Eastern Washington University students;

(e) Describing and targeting Eastern Washington University's primary student audience;

(f) Ensuring that Eastern Washington University's admission standards complement the primary student audience;

(g) Describing circumstances under which it is appropriate for Eastern Washington University programs to serve nonprimary students;

(h) Establishing projected enrollment levels for Eastern Washington University that reflect the needs of a comprehensive university and that account for the demographic qualities and growth patterns associated with the areas from which Eastern Washington University draws its students;

(i) Describing how Eastern Washington University's enrollment levels will be consistent with state enrollment levels;

(j) Developing financial projections for serving these reconfigured enrollment levels; and

(k) Analyzing and reviewing all capital and capacity information regarding the Eastern Washington University Cheney campus, with particular attention to the current state of the existing physical plant and to the realistic enrollment capacity of the campus.

(8) By December 1, 1998, the higher education coordinating board shall evaluate the mission statements and operations plans required in this section and submit a report to the higher education and fiscal committees of the legislature.

NEW SECTION. Sec. 3. (1) On July 1, 1998, title to or all interest in real estate and other assets, including but not limited to assignable contracts, cash, equipment, buildings, facilities, and appurtenances related to Riverpoint park, except for the area of real property defined as the approximate two and one-half acres bounded by the Spokane river, Trent Avenue, and Riverpoint Boulevard that is reserved for the Spokane intercollegiate research and technology institute and its expansion, shall be transferred from the joint center for higher education to Washington State University.

(2) All interest in real estate and other assets, including but not limited to assignable contracts, cash, equipment, buildings, facilities, and appurtenances related to the Spokane intercollegiate research and technology institute held as of July 1, 1998, shall vest in the Spokane intercollegiate institute of technology. The area of the real property related to the Spokane intercollegiate institute of technology is defined as the approximate two and one-half acres bounded by the Spokane river, Trent Avenue, and Riverpoint Boulevard.

NEW SECTION. Sec. 4. A new section is added to chapter 28B.35 RCW to read as follows:

Housing or a housing allowance may only be provided for the president of a public four-year institution of higher education who resides in the location where the institution is designated under RCW 28B.20.010, 28B.30.010, 28B.35.010, and 28B.40.010.

Sec. 5. RCW 28B.10.029 and 1996 c 110 s 5 are each amended to read as follows:

(1) An institution of higher education may exercise independently those powers otherwise granted to the director of general administration in chapter 43.19 RCW in connection with the purchase and disposition of all material, supplies, services, and equipment needed for the support, maintenance, and use of the respective institution of higher education. Property disposition policies followed by institutions of higher education shall be consistent with policies followed by the department of general administration. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937, 43.19.534, 43.19.685, 43.19.700 through 43.19.704, and 43.19.550 through 43.19.637. The community and technical colleges shall comply with RCW 43.19.450. Except for the University of Washington, institutions of higher education shall comply with RCW 43.19.1935, 43.19.19363, and 43.19.19368. If an institution of higher education can satisfactorily demonstrate to the director of the office of financial management that the cost of compliance is greater than the value of benefits from any of the following statutes, then it shall be exempt from them: RCW 43.19.685; 43.19.534; and 43.19.637. Any institution of higher education that chooses to exercise independent purchasing authority for a commodity or group of commodities shall notify the director of general administration. Thereafter the director of general administration shall not be required to provide those services for that institution for the duration of the general administration contract term for that commodity or group of commodities.

(2) An institution of higher education may exercise independently those powers otherwise granted to the public printer in chapter 43.78 RCW in connection with the production or purchase of any printing and binding needed by the respective institution of higher education. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapter 39.19 RCW. Any institution of higher education that chooses to exercise independent printing production or purchasing authority shall notify the public printer. Thereafter the public printer shall not be required to provide those services for that institution.

(((3) For the purposes of this section, an "institution of higher education" shall include the joint center for higher education created in chapter 28B.25 RCW when the joint center for higher education is contracting with another institution of higher education that is acting as the sole agent for purchasing and disposing of material, supplies, services, and equipment, and for procuring printing or binding services.))

Sec. 6. RCW 28B.45.050 and 1991 c 205 s 11 are each amended to read as follows:

Washington State University ((~~and Eastern Washington University are~~)) is responsible for ((~~providing~~)) ensuring the expansion of upper-division and graduate level higher education programs to the citizens of ((~~the~~)) Spokane ((~~area~~)), under rules or guidelines adopted by the ((~~joint center for higher education. However, before any degree is authorized under this section it shall be subject to the review and approval of the~~)) higher education coordinating board. The rules adopted by the higher education coordinating board shall: (1) Avoid program duplication; and (2) encourage collaboration between Washington State University and Eastern Washington University on the delivery of graduate level programs in Spokane. Washington State University shall meet ((~~its~~)) that responsibility through the operation of a branch campus in ((~~the~~)) Spokane ((~~area. Eastern Washington University shall meet its responsibility through the operation of programs and facilities in Spokane~~)).

Sec. 7. RCW 28B.130.020 and 1997 c 273 s 2 are each amended to read as follows:

(1) The governing board of an institution of higher education as defined in RCW 28B.10.016 may impose either a voluntary or a mandatory transportation fee on employees and on students at the institution. The board of ((~~the joint center for higher education under chapter 28B.25 RCW~~)) regents of Washington State University may impose either a voluntary or a mandatory transportation fee on faculty and staff working at the Riverpoint higher education park and on students attending classes there. The transportation fee shall be used solely to fund transportation demand management programs that reduce the demand for campus and neighborhood parking, and promote alternatives to single-occupant vehicle driving. If the board charges a mandatory transportation fee to students, it shall charge a mandatory transportation fee to employees. The transportation fee for employees may exceed, but shall not be lower than the transportation fee charged to students. The transportation fee for employees may be deducted from the employees' paychecks. The transportation fee for students may be imposed annually, or each academic term. For students attending community colleges and technical colleges, the mandatory transportation fee shall not exceed sixty percent of the maximum rate permitted for services and activities fees at community colleges, unless, through a vote, a majority of students consent to increase the transportation fee. For students attending four-year institutions of higher education or classes at the Riverpoint higher education park, the mandatory transportation fee shall not exceed thirty-five percent of the maximum rate permitted for services and activities fees at the institution where the student is enrolled unless, through a vote, a majority of students consents to increase the transportation fee. The board may make a limited number of exceptions to the fee based on a policy adopted by the board.

(2) The board of ((~~the joint center for higher education under chapter 28B.25 RCW~~)) regents of Washington State University shall not impose a transportation fee on any student who is already paying a transportation fee to the institution of higher education in which the student is enrolled.

Sec. 8. RCW 43.01.236 and 1997 c 273 s 3 are each amended to read as follows:

All institutions of higher education as defined under RCW 28B.10.016 ((~~and the joint center for higher education under chapter 28B.25 RCW~~)) are exempt from the requirements under RCW 43.01.240.

NEW SECTION. Sec. 9. SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE. (1) The Spokane intercollegiate research and technology institute is created.

(2) The institute shall be operated and administered as a multi-institutional education and research center, housing appropriate programs conducted in Spokane under the authority of institutions of higher education as defined in RCW 28B.10.016. Washington independent and private institutions of higher education may participate as full partners in any academic and research activities of the institute.

(3) The institute shall house education and research programs specifically designed to meet the needs of eastern Washington.

(4) The establishment of any education program at the institute and the lease, purchase, or construction of any site or facility for the institute is subject to the approval of the higher education coordinating board under RCW 28B.80.340.

(5) The institute shall be headquartered in Spokane.

(6) The mission of the institute is to perform and commercialize research that benefits the intermediate and long-term economic vitality of eastern Washington and to develop and strengthen university-industry relationships through the conduct of research that is primarily of interest to eastern Washington-based companies or state economic development programs. The institute shall:

(a) Perform and facilitate research supportive of state science and technology objectives, particularly as they relate to eastern Washington industries;

(b) Provide leading edge collaborative research and technology transfer opportunities primarily to eastern Washington industries;

(c) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in research and industry interactions;

(d) Emphasize and develop nonstate support of the institute's research activities; and

(e) Provide a forum for effective interaction between the state's technology-based industries and its academic institutions through promotion of faculty collaboration with industry, particularly within eastern Washington.

NEW SECTION. Sec. 10. ADMINISTRATION--BOARD OF DIRECTORS. (1) The institute shall be administered by the board of directors.

(2) The board shall consist of the following members:

(a) Nine members of the general public. Of the general public membership, at least six shall be individuals who are associated with or employed by technology-based or manufacturing-based industries and have broad business experience and an understanding of high technology;

(b) The executive director of the Washington technology center or the director's designee;

(d) The provost of Eastern Washington University or the provost's designee;

(e) The provost of Central Washington University or the provost's designee;

(f) The provost of the University of Washington or the provost's designee;

(g) An academic representative from the Spokane community colleges;

(h) One member from Gonzaga University; and

(i) One member from Whitworth College.

(3) The term of office for each board member, excluding the executive director of the Washington technology center, the provosts of Washington State University, Eastern Washington University, Central Washington University, and the University of Washington, shall be three years. The executive director of the institute shall be an ex officio, nonvoting member of the board. Board members shall be appointed by the governor. Initial appointments shall be for staggered terms to ensure the long-term continuity of the board. The board shall meet at least quarterly.

(4) The duties of the board include:

(a) Developing the general operating policies for the institute;

(b) Appointing the executive director of the institute;

(d) Establishing priorities for the selection and funding of research projects that guarantee the greatest potential return on the state's investment;

(e) Approving and allocating funding for research projects conducted by the institute;

(f) In cooperation with the department of community, trade, and economic development, developing a biennial work plan and five-year strategic plan for the institute that are consistent with the state-wide technology development and commercialization goals;

(g) Coordinating with public, independent, and private institutions of higher education, and other participating institutions of higher education in the development of training, research, and development programs to be conducted at the institute that are targeted to meet industrial needs;

(h) Assisting the department of community, trade, and economic development in the department's efforts to develop state science and technology public policies and coordinate publicly funded programs;

(i) Reviewing annual progress reports on funded research projects;

(j) Providing an annual report to the governor and the legislature detailing the activities and performance of the institute; and

(k) Submitting annually to the department of community, trade, and economic development an updated strategic plan and a statement of performance measured against the mission, roles, and contractual obligations of the institute.

(5) The board may enter into contracts to fulfill its responsibilities and purposes under this chapter.

NEW SECTION. Sec. 11. SUPPORT FROM PARTICIPATING INSTITUTIONS. Staff support for programs will be provided from among the cooperating institutions through cooperative agreements. Cooperating institutions are Washington State University as the senior research partner, Eastern Washington University, Central Washington University, the University of Washington, Gonzaga University, Whitworth College, and other participating institutions of higher education.

NEW SECTION. Sec. 12. OPERATING STAFF. The director of the Spokane intercollegiate research and technology institute may hire staff as necessary to operate the institution. The director may enter into cooperative agreements for programs and research with public and private organizations including state and nonstate funding agencies consistent with policies of the Spokane intercollegiate research and technology institute.

NEW SECTION. Sec. 13. ROLE OF DEPARTMENT OF COMMUNITY, TRADE, AND ECONOMIC DEVELOPMENT. The department of community, trade, and economic development shall contract with the institute for the expenditure of state-appropriated funds for the operation of the institute. The department of community, trade, and economic development shall provide guidance to the institute regarding expenditure of state-appropriated funds and the development of the institute's strategic plan. The director of the department of community, trade, and economic development shall not withhold funds appropriated for the institute if the institute complies with the provisions of its contract with the department of community, trade, and economic development. The department is responsible to the legislature for the contractual performance of the institute.

NEW SECTION. Sec. 14. AVAILABILITY OF FACILITIES TO OTHER INSTITUTIONS. The facilities of the institute shall be made available to other institutions of higher education within the state when this would benefit specific program needs.

NEW SECTION. Sec. 15. AUTHORITY TO RECEIVE AND EXPEND FEDERAL FUNDS. The board may receive and expend federal funds and any private gifts or grants to further the purpose of the institute. The funds are to be expended in accordance with federal and state law and any conditions contingent in the grant of those funds.

NEW SECTION. Sec. 16. CAPTIONS NOT LAW. Captions used in this chapter are not any part of the law.

NEW SECTION. Sec. 17. The following acts or parts of acts are each repealed:

(1) RCW 28B.25.010 and 1991 c 205 s 2 & 1985 c 370 s 97;

(2) RCW 28B.25.020 and 1996 c 110 s 1, 1991 c 205 s 3, 1989 1st ex.s. c 7 s 11, & 1985 c 370 s 98;

(3) RCW 28B.25.030 and 1996 c 110 s 2, 1991 c 205 s 4, & 1985 c 370 s 99;

(4) RCW 28B.25.033 and 1996 c 110 s 6 & 1991 c 205 s 5;

(5) RCW 28B.15.037 and 1991 c 205 s 6;

(6) RCW 28B.25.040 and 1991 c 205 s 7 & 1985 c 370 s 100;

(7) RCW 28B.25.050 and 1991 c 205 s 8 & 1985 c 370 s 101;

(8) RCW 28B.25.070 and 1991 c 205 s 9;

(9) RCW 28B.25.075 and 1997 c 273 s 1;

(10) RCW 28B.25.090 and 1996 c 110 s 3;

(11) RCW 28B.25.100 and 1996 c 110 s 4;

(12) RCW 28B.25.900 and 1991 c 205 s 13; and

(13) RCW 28B.10.060 and 1991 c 205 s 1 & 1989 1st ex.s. c 7 s 10.

NEW SECTION. Sec. 18. Sections 9 through 16 of this act constitute a new chapter in Title 28B RCW.

NEW SECTION. Sec. 19. Section 6 of this act takes effect January 1, 1999.

NEW SECTION. Sec. 20. Section 2 of 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 takes effect immediately."

Correct the title.