SENATE BILL REPORT

                  ESHB 2193

              As Reported By Senate Committee On:

                Higher Education, April 1, 1997

                  Ways & Means, April 4, 1997

Title:  An act relating to the joint center for higher education transportation and parking fees and higher education parking fees.

Brief Description:  Allowing the joint center for higher education transportation fees and excluding higher education and the joint center for higher education from the state agency parking account.

Sponsors:  House Committee on Higher Education (originally sponsored by Representatives Carlson, D. Sommers, Gombosky, Benson and Mielke; by request of Joint Center for Higher Education).

Brief History:

Committee Activity:  Higher Education:  3/27/97, 4/1/97 [DPA-WM].

Ways & Means:  4/4/97 [DPA (HIE)].

SENATE COMMITTEE ON HIGHER EDUCATION

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

  Signed by Senators Wood, Chair; Winsley, Vice Chair; Hale, Kohl, Patterson, Prince, Sheldon and West.

Staff:  Aldo Melchiori (786-7439)

SENATE COMMITTEE ON WAYS & MEANS

Majority Report:  Do pass as amended by Committee on Higher Education.

  Signed by Senators West, Chair; Deccio, Vice Chair; Strannigan, Vice Chair; Bauer, Hochstatter, Long, Loveland, McDonald, Rossi, Schow, Snyder, Swecker and Winsley.

Staff:  Michael Groesch (786-7434)

Background:  Public colleges and universities can collect and retain parking fees from employees, students, and members of the public.  These institutions, individually, have specific authorization to adopt rules governing parking and traffic upon land and facilities under their control and may adjudicate parking infractions and collect and retain any parking fines.  Anyone who wishes to challenge a parking fine levied by the institution may appeal the decision in district court.  The appeal is heard de novo.

Governing boards at institutions of higher education can impose a voluntary or mandatory transportation fee on employees and students.  If a mandatory fee is required of students, it must also apply to employees.  The fee for employees may be greater than that for students, but not lower.  Maximum fees are described by statute.  Transportation fees are used to fund demand management programs and promote commuting alternatives.

There is an account in the state treasury called the state agency parking account.  State agencies, other that public colleges and universities, must deposit all income from parking fees into the account.

Summary of Amended Bill:  The governing board of the Spokane Joint Center for Higher Education may adopt rules governing parking and traffic on the center=s lands and facilities.  The board may establish, collect, and retain parking fees and fines, and internally adjudicate parking infractions.  All funds collected are used for the joint center=s parking program.  Anyone who wishes to challenge a parking fine levied by the board may, after written notice, appeal the decision in a district court in Spokane County.  The appeal is heard de novo.

The board of the Joint Center for Higher Education can impose either a voluntary or mandatory transportation fee on faculty, staff and students at the Riverpoint Higher Education Park. The board cannot impose a transportation fee on students already paying a transportation fee at another institution of higher education.

Amended Bill Compared to Original Bill:  The amendment clarifies who will be assessed parking fees and transportation fees.  Faculty, staff, students and visitors are subject to parking fees.  Faculty, staff and students can be assessed a transportation fee.

Appropriation:  None.

Fiscal Note:  Requested on February 26, 1997.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  The joint center has very limited funding and it is all earmarked for academic purposes.  There is no money for maintenance or snow removal.

Testimony Against:  All higher education institutions= exemptions should be eliminated because employees do not receive equitable treatment by higher education institutions.

Testified:  Representative Sommers (pro); Jim Halstrom, Spokane Joint Center for Higher Education (pro); Randy Parr, Washington Federation of State Employees (con).