SB 5384 -
By Committee on Capital Budget
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The legislature hereby recognizes that the
University of Washington and Washington State University will require
additional methods of funding to meet the universities' educational and
research missions and remain competitive in a challenging environment.
State appropriations are sufficient to meet only a portion of these
research universities' funding requirements. The state authorizes the
universities to collect student tuition, services and activities fees,
building fees, and technology fees, subject to statutory limits. In
addition, the universities generate revenue from other sources such as
grants, contracts, other fees, sales and services, and investment
income. The legislature finds that the research universities are able
to leverage these local nonstate-appropriated funds to enhance
university facilities and services for the benefit of students,
faculty, and the larger community. The legislature intends that the
research universities be permitted to borrow and incur obligations for
any university purpose, so long as repayment is limited to local
nonappropriated university funds and so long as the state's credit or
general state revenues are not obligated or used for repayment. To
permit the University of Washington to refinance the real and personal
property acquired between August and October 2006 before the end of the
fiscal biennium, sections of chapter . . ., Laws of 2007 (this act)
necessary to accomplish this limited purpose are made effective before
the end of the biennium.
NEW SECTION. Sec. 2 The board of regents of the University of
Washington and Washington State University may issue bonds, notes, or
other evidences of indebtedness for any university purpose. The board
of regents of the University of Washington and Washington State
University may obligate all or a component of the fees and revenues of
the university for the payment of such bonds, notes, or evidences of
indebtedness: PROVIDED, That such fees and revenues are not subject to
appropriation by the legislature and do not constitute general state
revenues as defined in Article VIII, section 1 of the state
Constitution or general state revenues for the purpose of calculating
statutory limits on state indebtedness pursuant to RCW 39.42.060. Such
bonds, notes, and other indebtedness shall not constitute bonds, notes,
or other evidences of indebtedness secured by the full faith and credit
of the state or required to be paid, directly or indirectly, from
general state revenues for the purposes of RCW 39.42.060. Bonds,
notes, or other evidences of indebtedness issued under this chapter
shall be issued in accordance with the procedures in RCW 28B.10.310 and
28B.10.315 or the provisions applicable to either the state or local
governments under chapter 39.46 or 39.53 RCW.
NEW SECTION. Sec. 3 The University of Washington and Washington
State University must report annually to the ways and means committee
of the senate, the capital budget committee of the house of
representatives, and the office of the state treasurer on any bonds,
notes, and other evidences of indebtedness issued under this chapter as
a part of a public securities offering. The report shall include a
summary of the total outstanding debt of the university, a summary of
any public securities offerings issued that year by purpose, including
rating information from at least one nationally recognized credit
rating agency, issuance costs, interest rate information, sources of
repayment, and a copy of the annual bondholder report filed by the
University of Washington and Washington State University in accordance
with Rule 15c2-12 of the securities and exchange commission.
NEW SECTION. Sec. 4 The board of regents of the University of
Washington may issue bonds, notes, or other evidences of indebtedness
under this section for the purpose of refinancing real and personal
property acquired by the University of Washington during the period
between August and October 2006. The board of regents of the
University of Washington may obligate all or a component of the fees
and revenues of the university for the payment of such bonds, notes, or
evidences of indebtedness: PROVIDED, That such fees and revenues are
not subject to appropriation by the legislature and do not constitute
general state revenues as defined in Article VIII, section 1 of the
state Constitution or general state revenues for the purpose of
calculating statutory limits on state indebtedness pursuant to RCW
39.42.060. Bonds, notes, or other evidences of indebtedness issued
under this section shall be issued in accordance with the procedures in
RCW 28B.10.310 and 28B.10.315 or the provisions applicable to either
the state or local governments under chapter 39.46 or 39.53 RCW. Such
bonds, notes, and other indebtedness shall not constitute bonds, notes,
or other evidences of indebtedness secured by the full faith and credit
of the state or required to be paid, directly or indirectly, from
general state revenues for the purposes of RCW 39.42.060.
NEW SECTION. Sec. 5 The authority granted by this chapter is in
addition and supplemental to any previously granted or future authority
granted to the University of Washington or Washington State University
and shall not be construed to limit the existing or future powers or
authority of these universities, including without limitation the
authority to issue bonds, notes, and other evidences of indebtedness
pursuant to RCW 28B.10.300 through 28B.10.330, 28B.20.145, or
28B.20.395 through 28B.20.398, or chapter 28B.140 RCW, or to
participate in state reimbursable bond, certificate of participation,
or other state debt programs.
NEW SECTION. Sec. 6 Section 4 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 May 1, 2007.
NEW SECTION. Sec. 7 Sections 1 through 5 of this act constitute
a new chapter in Title