S-4246.1 _______________________________________________
SUBSTITUTE SENATE BILL 6721
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State of Washington 57th Legislature 2002 Regular Session
By Senate Committee on Ways & Means (originally sponsored by Senators West, Brown, Snyder and Kohl‑Welles; by request of University of Washington)
READ FIRST TIME 02/12/2002.
AN ACT Relating to research by state universities; amending RCW 28B.10.022 and 39.94.040; and adding a new chapter to Title 28B RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. It is the policy of the state to encourage basic and applied scientific research by the state's research universities. The creation of knowledge is a core mission of the state's research universities, and research provides teaching and learning opportunities for students and faculty. State of the art facilities for research by research universities serve to attract the most capable students and faculty to the state and research grants from public and private institutions throughout the world. The application of such research stimulates investment and employment within Washington and the strengthening of our tax base. In order to finance research facilities, the state's research universities often use federal, state, private, and university resources and therefore require the authority to enter into financing arrangements that leverage funding sources and reduce the costs of such complex facilities to the state.
NEW SECTION. Sec. 2. The University of Washington and Washington State University each may:
(1) Acquire, construct, rehabilitate, equip, and operate facilities and equipment to promote basic and applied research in the sciences;
(2) Borrow money for such research purposes, including interest during construction and other incidental costs, issue revenue bonds or other evidences of indebtedness, refinance the same before or at maturity, and provide for the amortization of such indebtedness by pledging all or a component of the fees and revenues of the university available for such purpose derived from the ownership and operation of any of its facilities or conducting research that are not subject to appropriation by the legislature and that do not constitute general state revenues as defined in Article VII, section 1 of the state Constitution;
(3) Enter into leases, with or without an option to purchase, of real and personal property to be used in basic and applied research in the sciences; and
(4) Lease all or a portion of such facilities and equipment as is deemed prudent by the university to provide for research conducted by persons or entities that are not part of the university but that provide rental income to support university research facilities or provide opportunities for the interaction of public and private research and research personnel, including students and faculty.
NEW SECTION. Sec. 3. The governing body of a university financing facilities and equipment under this chapter shall give due regard to the costs of maintaining and operating such facilities and equipment during the useful lives of the facilities and equipment. No state appropriated funds may be used for the payment of maintenance and operation of the facilities and equipment unless the facilities and equipment or such use of appropriated funds is authorized by the legislature.
NEW SECTION. Sec. 4. The authority granted by this chapter is supplemental to any existing or future authority granted to the University of Washington and Washington State University and shall not be construed to limit the existing or future authority of these universities.
Sec. 5. RCW 28B.10.022 and 1989 c 356 s 6 are each amended to read as follows:
The boards of regents
of the state universities and the boards of trustees of the regional
universities, The Evergreen State College, and the state board for community and
technical colleges ((education)), are severally authorized to
enter into financing contracts as provided in chapter 39.94 RCW. Except as
provided in this section, financing contracts shall be subject to the approval
of the state finance committee. Except for facilities financed under
chapter 28B.--- RCW (sections 1 through 4 of this act), the board of
regents of a state university may enter into financing contracts which are
payable solely from and secured by all or any component of the fees and revenues
of the university derived from its ownership and operation of its facilities
not subject to appropriation by the legislature and not constituting
"general state revenues," as defined in Article VIII, section 1 of
the state Constitution, without the prior approval of the state finance
committee. The board of regents shall notify the state finance committee at
least sixty days prior to entering into such contract and provide information
relating to such contract as requested by the state finance committee.
Sec. 6. RCW 39.94.040 and 1998 c 291 s 5 are each amended to read as follows:
(1) Except as provided in RCW 28B.10.022 and chapter 28B.--- RCW (sections 1 through 4 of this act), the state may not enter into any financing contract for itself if the aggregate principal amount payable thereunder is greater than an amount to be established from time to time by the state finance committee or participate in a program providing for the issuance of certificates of participation, including any contract for credit enhancement, without the prior approval of the state finance committee. Except as provided in RCW 28B.10.022, the state finance committee shall approve the form of all financing contracts or a standard format for all financing contracts. The state finance committee also may:
(a) Consolidate existing or potential financing contracts into master financing contracts with respect to property acquired by one or more agencies, departments, instrumentalities of the state, the state board for community and technical colleges, or a state institution of higher learning; or to be acquired by an other agency;
(b) Approve programs providing for the issuance of certificates of participation in master financing contracts for the state or for other agencies;
(c) Enter into agreements with trustees relating to master financing contracts; and
(d) Make appropriate rules for the performance of its duties under this chapter.
(2) In the performance of its duties under this chapter, the state finance committee may consult with representatives from the department of general administration, the office of financial management, and the department of information services.
(3) With the approval of the state finance committee, the state also may enter into agreements with trustees relating to financing contracts and the issuance of certificates of participation.
(4) The state may not enter into any financing contract for real property of the state without prior approval of the legislature.
(5) The state may not enter into any financing contract on behalf of an other agency without the approval of such a financing contract by the governing body of the other agency.
NEW SECTION. Sec. 7. Before January 31st of each year, the University of Washington and Washington State University must report to the house of representatives capital budget committee and the senate ways and means committee on the financing arrangements entered into under authority of this chapter.
NEW SECTION. Sec. 8. Sections 1 through 4 and 7 of this act constitute a new chapter in Title 28B RCW.
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