AN ACT Relating to institutions of higher education; amending RCW 28B.10.029, 28B.45.050, 28B.130.020, and 43.01.236; adding a new section to chapter 28B.35 RCW; creating new sections; repealing RCW 28B.25.010, 28B.25.020, 28B.25.030, 28B.25.033, 28B.15.037, 28B.25.040, 28B.25.050, 28B.25.070, 28B.25.075, 28B.25.090, 28B.25.100, and 28B.25.900; 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 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 this subsection (5), Washington State University should:

(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 and Washington State University at the Riverpoint Higher Education Park.

(c) Washington State University shall submit a preliminary plan 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 December 31, 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; and

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

(6) 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 baccalaureate institution. 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 December 31, 1998. The academic mission and plan shall include, but not be limited to the following elements:

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

(c) Include 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 December 31, 1998;

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

(e) Describe and target Eastern Washington University's primary student audience;

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

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

(h) Establish 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) Describe how Eastern Washington University's enrollment levels will be consistent with state enrollment levels;

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

(k) Analyze and review 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.

NEW SECTION. Sec. 2. 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.

NEW SECTION. Sec. 3. 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. 4. 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. 5. 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 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. 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. 6. 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. 7. 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. 8. 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; and

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

NEW SECTION. Sec. 9. Section 5 of this act takes effect January 1, 1999.

NEW SECTION. Sec. 10. Section 1 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.