BILL REQ. #: H-3680.1
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/25/12. Referred to Committee on Higher Education.
AN ACT Relating to the designation of state universities; amending RCW 28B.10.016, 15.92.005, 21.20.310, 28B.10.022, 28B.10.025, 28B.10.050, 28B.10.118, 28B.10.280, 28B.10.300, 28B.10.350, 28B.10.400, 28B.10.401, 28B.10.407, 28B.10.410, 28B.10.415, 28B.10.420, 28B.10.485, 28B.10.487, 28B.10.500, 28B.10.550, 28B.10.560, 28B.10.567, 28B.10.590, 28B.10.600, 28B.10.620, 28B.10.625, 28B.10.640, 28B.10.650, 28B.10.685, 28B.10.700, 28B.10.703, 28B.15.005, 28B.15.014, 28B.15.025, 28B.15.041, 28B.15.051, 28B.15.067, 28B.15.100, 28B.15.101, 28B.15.380, 28B.15.540, 28B.15.543, 28B.15.545, 28B.15.556, 28B.15.558, 28B.15.600, 28B.15.615, 28B.15.621, 28B.15.725, 28B.15.730, 28B.15.740, 28B.15.750, 28B.15.756, 28B.15.794, 28B.15.820, 28B.15.910, 28B.15.915, 28B.65.010, 28B.65.030, 28B.76.310, 28B.110.020, 39.10.420, 39.19.020, 39.35D.020, 39.90.060, 40.04.090, 40.06.040, 41.40.108, 43.19.450, 43.41.040, 43.88.195, 44.28.816, 46.04.127, 46.18.225, 46.63.040, 48.23.010, 82.08.025651, 82.12.0264, 28B.10.417, 28B.10.605, 28B.15.069, 28B.35.050, 28B.35.100, 28B.35.105, 28B.35.110, 28B.35.120, 28B.35.190, 28B.35.230, 28B.35.300, 28B.35.305, 28B.35.310, 28B.35.315, 28B.35.350, 28B.35.370, 28B.35.390, 28B.35.400, 28B.35.700, 28B.35.710, 28B.35.790, 28B.45.014, 28B.50.820, 28B.65.030, 28B.65.080, 39.35C.050, 39.35C.090, 43.79.150, and 43.79.180; reenacting and amending RCW 42.52.010 and 41.04.340; repealing RCW 28B.35.010; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 28B.10.016 and 1992 c 231 s 1 are each amended to read
as follows:
For the purposes of this title:
(1) "State universities" means the University of Washington
((and)), Washington State University, Western Washington University,
Central Washington University, and Eastern Washington University.
(2) (("Regional universities" means Western Washington University
at Bellingham, Central Washington University at Ellensburg, and Eastern
Washington University at Cheney.)) "State college" means The Evergreen State College in Thurston
county.
(3)
(((4))) (3) "Institutions of higher education" or "postsecondary
institutions" means the state universities, ((the regional
universities,)) The Evergreen State College, the community colleges,
and the technical colleges.
(((5))) (4) "Governing board" means the board of regents or the
board of trustees of the institutions of higher education.
Sec. 2 RCW 15.92.005 and 1991 c 341 s 1 are each amended to read
as follows:
The legislature finds that public concerns are increasing about the
need for significant efforts to develop sustainable systems in
agriculture. The sustainable systems would address many anxieties,
including the erosion of agricultural lands, the protection and wise
utilization of natural resources, and the safety of food production.
Consumers have demonstrated their apprehension in the marketplace by
refusing to purchase products whose safety is suspect and consumer
confidence is essential for a viable agriculture in Washington.
Examples of surface and ground water contamination by pesticides and
chemical fertilizers raise concerns about deterioration of
environmental quality. Reducing soil erosion would maintain water
quality and protect the long-term viability of the soil for
agricultural productivity. Both farmers and farm labor are
apprehensive about the effects of pesticides on their health and
personal safety. Development of sustainable farming systems would
strengthen the economic viability of Washington's agricultural
production industry.
Public anxieties over the use of chemicals in agriculture have
resulted in congress amending the federal insecticide, fungicide and
rodenticide act which requires all pesticides and their uses registered
before November 1984 to be reregistered, complying with present
standards, by the end of 1997. The legislature finds that the
pesticide reregistration process and approval requirements could reduce
the availability of chemical pesticides for use on minor crops in
Washington and may jeopardize the farmers' ability to grow these crops
in Washington.
The legislature recognizes that Washington State University
supports research and extension programs that can lead to reductions in
pesticide use where viable alternatives are both environmentally and
economically sound. Yet, the legislature finds that a focused and
coordinated program is needed to develop possible alternatives,
increase public confidence in the safety of the food system, and
educate farmers and natural resource managers on land stewardship.
The legislature further finds that growers, processors, and
agribusiness depend upon pesticide laboratories associated with
manufacturers, ((regional)) state universities, state departments of
agriculture, and the United States department of agriculture to provide
residue data for registering essential pesticides. The registration of
uses for minor crops, which include vegetables, fruits, nuts, berries,
nursery and greenhouse crops, and reregistration of needed chemicals,
are activities of particular concern to ensure crop production.
Furthermore, public demands for improved information and education on
pesticides and risk assessment efforts justify these efforts.
The legislature further finds that multiple alternatives are needed
for pest control, including programs for integrated pest management,
genetic resistance to pests, biological control, cultural practices,
and the use of appropriate approved chemicals.
Sec. 3 RCW 21.20.310 and 2002 c 65 s 5 are each amended to read
as follows:
RCW 21.20.140 through 21.20.300, inclusive, and 21.20.327 do not
apply to any of the following securities:
(1) Any security (including a revenue obligation) issued or
guaranteed by the United States, any state, any political subdivision
of a state, or any agency or corporate or other instrumentality of one
or more of the foregoing; or any certificate of deposit for any of the
foregoing; but this exemption does not include any security payable
solely from revenues to be received from a nongovernmental industrial
or commercial enterprise unless such payments are made or
unconditionally guaranteed by a person whose securities are exempt from
registration by subsection (7) or (8) of this section: PROVIDED, That
the director, by rule or order, may exempt any security payable solely
from revenues to be received from a nongovernmental industrial or
commercial enterprise if the director finds that registration with
respect to such securities is not necessary in the public interest and
for the protection of investors.
(2) Any security issued or guaranteed by Canada, any Canadian
province, any political subdivision of any such province, any agency or
corporate or other instrumentality of one or more of the foregoing, or
any other foreign government with which the United States currently
maintains diplomatic relations, if the security is recognized as a
valid obligation by the issuer or guarantor; but this exemption does
not include any security payable solely from revenues to be received
from a nongovernmental industrial or commercial enterprise unless such
payments shall be made or unconditionally guaranteed by a person whose
securities are exempt from registration by subsection (7) or (8) of
this section.
(3) Any security issued by and representing an interest in or a
debt of, or guaranteed by, any bank organized under the laws of the
United States, or any bank or trust company organized or supervised
under the laws of any state.
(4) Any security issued by and representing an interest in or a
debt of, or guaranteed by, any federal savings and loan association, or
any building and loan or similar association organized under the laws
of any state and authorized to do business in this state.
(5) Any security issued by and representing an interest in or a
debt of, or insured or guaranteed by, any insurance company authorized
to do business in this state.
(6) Any security issued or guaranteed by any federal credit union
or any credit union, industrial loan association, or similar
association organized and supervised under the laws of this state.
(7) Any security issued or guaranteed by any railroad, other common
carrier, public utility, or holding company which is (a) a registered
holding company under the public utility holding company act of 1935 or
a subsidiary of such a company within the meaning of that act; (b)
regulated in respect of its rates and charges by a governmental
authority of the United States or any state or municipality; or (c)
regulated in respect of the issuance or guarantee of the security by a
governmental authority of the United States, any state, Canada, or any
Canadian province; and equipment trust certificates in respect of
equipment conditionally sold or leased to a railroad or public utility,
if other securities issued by such railroad or public utility would be
exempt under this subsection.
(8) Any security which meets the criteria for investment grade
securities that the director may adopt by rule.
(9) Any prime quality negotiable commercial paper not intended to
be marketed to the general public and not advertised for sale to the
general public that is of a type eligible for discounting by federal
reserve banks, that arises out of a current transaction or the proceeds
of which have been or are to be used for a current transaction, and
that evidences an obligation to pay cash within nine months of the date
of issuance, exclusive of days of grace, or any renewal of such paper
which is likewise limited, or any guarantee of such paper or of any
such renewal.
(10) Any security issued in connection with an employee's stock
purchase, savings, pension, profit-sharing, or similar benefit plan if:
(a) The plan meets the requirements for qualification as a pension,
profit sharing, or stock bonus plan under section 401 of the internal
revenue code, as an incentive stock option plan under section 422 of
the internal revenue code, as a nonqualified incentive stock option
plan adopted with or as a supplement to an incentive stock option plan
under section 422 of the internal revenue code, or as an employee stock
purchase plan under section 423 of the internal revenue code; or (b)
the director is notified in writing with a copy of the plan thirty days
before offering the plan to employees in this state. In the event of
late filing of notification the director may upon application, for good
cause excuse such late filing if he or she finds it in the public
interest to grant such relief.
(11) Any security issued by any person organized and operated as a
nonprofit organization as defined in RCW 84.36.800(4) exclusively for
religious, educational, fraternal, or charitable purposes and which
nonprofit organization also possesses a current tax exempt status under
the laws of the United States, which security is offered or sold only
to persons who, prior to their solicitation for the purchase of said
securities, were members of, contributors to, or listed as participants
in, the organization, or their relatives, if such nonprofit
organization first files a notice specifying the terms of the offering
and the director does not by order disallow the exemption within the
next ten full business days: PROVIDED, That no offerings may be made
until expiration of the ten full business days. Every such nonprofit
organization which files a notice of exemption of such securities shall
pay a filing fee as set forth in RCW 21.20.340(11) as now or hereafter
amended.
The notice shall consist of the following:
(a) The name and address of the issuer;
(b) The names, addresses, and telephone numbers of the current
officers and directors of the issuer;
(c) A short description of the security, price per security, and
the number of securities to be offered;
(d) A statement of the nature and purposes of the organization as
a basis for the exemption under this section;
(e) A statement of the proposed use of the proceeds of the sale of
the security; and
(f) A statement that the issuer shall provide to a prospective
purchaser written information regarding the securities offered prior to
consummation of any sale, which information shall include the following
statements: (i) "ANY PROSPECTIVE PURCHASER IS ENTITLED TO REVIEW
FINANCIAL STATEMENTS OF THE ISSUER WHICH SHALL BE FURNISHED UPON
REQUEST."; (ii) "RECEIPT OF NOTICE OF EXEMPTION BY THE WASHINGTON
ADMINISTRATOR OF SECURITIES DOES NOT SIGNIFY THAT THE ADMINISTRATOR HAS
APPROVED OR RECOMMENDED THESE SECURITIES, NOR HAS THE ADMINISTRATOR
PASSED UPON THE OFFERING. ANY REPRESENTATION TO THE CONTRARY IS A
CRIMINAL OFFENSE."; and (iii) "THE RETURN OF THE FUNDS OF THE PURCHASER
IS DEPENDENT UPON THE FINANCIAL CONDITION OF THE ORGANIZATION."
(12) Any charitable gift annuities issued by a board of a state
university((, regional university,)) or of the state college.
(13) Any charitable gift annuity issued by an insurer or
institution holding a certificate of exemption under RCW 48.38.010.
Sec. 4 RCW 28B.10.022 and 2003 c 6 s 1 are each amended to read
as follows:
(1) The boards of regents and boards of trustees 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, are severally authorized to enter
into financing contracts as provided in chapter 39.94 RCW. Except as
provided in subsection (2) of this section, financing contracts shall
be subject to the approval of the state finance committee.
(2) The board of regents of ((a state university)) the University
of Washington and Washington 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.
(3) Except for financing contracts for facilities or equipment
described under chapter 28B.140 RCW, 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. 5 RCW 28B.10.025 and 2005 c 36 s 2 are each amended to read
as follows:
The Washington state arts commission shall, in consultation with
the boards of regents and boards of trustees of the ((University of
Washington and Washington State University and with the boards of
trustees of the regional)) state universities, The Evergreen State
College, and the community college districts, determine the amount to
be made available for the purchases of art under RCW 28B.10.027, and
payment therefor shall be made in accordance with law. The designation
of projects and sites, the selection, contracting, purchase,
commissioning, reviewing of design, execution and placement,
acceptance, maintenance, and sale, exchange, or disposition of works of
art shall be the responsibility of the Washington state arts commission
in consultation with the board of regents or trustees.
Sec. 6 RCW 28B.10.050 and 2004 c 275 s 48 are each amended to
read as follows:
Except as the legislature shall otherwise specifically direct, the
boards of regents and the boards of trustees for the state
universities((, the regional universities,)) and The Evergreen State
College may establish entrance requirements for their respective
institutions of higher education which meet or exceed the minimum
entrance requirements established under RCW 28B.76.290(2).
Sec. 7 RCW 28B.10.118 and 2011 c 108 s 2 are each amended to read
as follows:
(1) State universities((, regional universities,)) and The
Evergreen State College may develop accelerated baccalaureate degree
programs that will allow academically qualified students to obtain a
baccalaureate degree in three years without attending summer classes or
enrolling in more than a full-time class load during the regular
academic year. The programs must allow academically qualified students
to begin coursework within their academic field during their first term
or semester of enrollment.
(2) The state universities((, regional universities,)) and The
Evergreen State College shall report on their plans for the accelerated
baccalaureate degree programs to the higher education coordinating
board for approval.
Sec. 8 RCW 28B.10.280 and 1977 ex.s. c 169 s 11 are each amended
to read as follows:
The boards of regents and boards of trustees of the state
universities ((and the boards of trustees of regional universities)),
The Evergreen State College, and community college districts may each
create student loan funds, and qualify and participate in the National
Defense Education Act of 1958 and such other similar federal student
aid programs as are or may be enacted from time to time, and to that
end may comply with all of the laws of the United States, and all of
the rules, regulations and requirements promulgated pursuant thereto.
Sec. 9 RCW 28B.10.300 and 1977 ex.s. c 169 s 13 are each amended
to read as follows:
The boards of regents and boards of trustees of the state
universities ((and the boards of trustees of the regional
universities)) and The Evergreen State College are severally authorized
to:
(1) Enter into contracts with persons, firms or corporations for
the construction, installation, equipping, repairing, renovating and
betterment of buildings and facilities for the following:
(a) Dormitories;
(b) Hospitals;
(c) Infirmaries;
(d) Dining halls;
(e) Student activities;
(f) Services of every kind for students, including, but not limited
to, housing, employment, registration, financial aid, counseling,
testing and offices of the dean of students;
(g) Vehicular parking; and
(h) Student, faculty and employee housing and boarding;
(2) Purchase or lease lands and other appurtenances necessary for
the construction and installation of such buildings and facilities and
to purchase or lease lands with buildings and facilities constructed or
installed thereon suitable for the purposes aforesaid;
(3) Lease to any persons, firms, or corporations such portions of
the campus of their respective institutions as may be necessary for the
construction and installation of buildings and facilities for the
purposes aforesaid and the reasonable use thereof;
(4) Borrow money to pay the cost of the acquisition of such lands
and of the construction, installation, equipping, repairing,
renovating, and betterment of such buildings and facilities, including
interest during construction and other incidental costs, and to issue
revenue bonds or other evidence of indebtedness therefor, and to
refinance the same before or at maturity and to provide for the
amortization of such indebtedness from services and activities fees or
from the rentals, fees, charges, and other income derived through the
ownership, operation and use of such lands, buildings, and facilities
and any other dormitory, hospital, infirmary, dining, student
activities, student services, vehicular parking, housing or boarding
building or facility at the institution;
(5) Contract to pay as rental or otherwise the cost of the
acquisition of such lands and of the construction and installation of
such buildings and facilities on the amortization plan; the contract
not to run over forty years;
(6) Expend on the amortization plan services and activities fees
and/or any part of all of the fees, charges, rentals, and other income
derived from any or all revenue-producing lands, buildings, and
facilities of their respective institutions, heretofore or hereafter
acquired, constructed or installed, including but not limited to income
from rooms, dormitories, dining rooms, hospitals, infirmaries, housing
or student activity buildings, vehicular parking facilities, land or
the appurtenances thereon, and to pledge such services and activities
fees and/or the net income derived through the ownership, operation and
use of any lands, buildings or facilities of the nature described in
subsection (1) hereof for the payment of part or all of the rental,
acquisition, construction, and installation, and the betterment,
repair, and renovation or other contract charges, bonds or other
evidence of indebtedness agreed to be paid on account of the
acquisition, construction, installation or rental of, or the
betterment, repair or renovation of, lands, buildings, facilities and
equipment of the nature authorized by this section.
Sec. 10 RCW 28B.10.350 and 2009 c 229 s 2 are each amended to
read as follows:
(1) When the cost to The Evergreen State College or any ((regional
or)) state university of any building, construction, renovation,
remodeling, or demolition, other than maintenance or repairs, will
equal or exceed the sum of ninety thousand dollars, or forty-five
thousand dollars if the work involves one trade or craft area, complete
plans and specifications for the work shall be prepared, the work shall
be put out for public bid, and the contract shall be awarded to the
responsible bidder who submits the lowest responsive bid.
(2) Any building, construction, renovation, remodeling, or
demolition project that exceeds the dollar amounts in subsection (1) of
this section is subject to the provisions of chapter 39.12 RCW.
(3) The Evergreen State College or any ((regional or)) state
university may require a project to be put to public bid even when it
is not required to do so under subsection (1) of this section. Any
project publicly bid under this subsection is subject to the provisions
of chapter 39.12 RCW.
(4) Where the estimated cost of any building, construction,
renovation, remodeling, or demolition is less than ninety thousand
dollars or the contract is awarded by the small works roster procedure
authorized in RCW 39.04.155, the publication requirements of RCW
39.04.020 do not apply.
(5) In the event of any emergency when the public interest or
property of The Evergreen State College or a ((regional or)) state
university would suffer material injury or damage by delay, the
president of such college or university may declare the existence of an
emergency and, reciting the facts constituting the same, may waive the
requirements of this section with reference to any contract in order to
correct the condition causing the emergency. For the purposes of this
section, "emergency" means a condition likely to result in immediate
physical injury to persons or to property of the college or university
in the absence of prompt remedial action or a condition which
immediately impairs the institution's ability to perform its
educational obligations.
(6) This section does not apply when a contract is awarded by the
small works roster procedure authorized in RCW 39.04.155 or under any
other procedure authorized for an institution of higher education.
Sec. 11 RCW 28B.10.400 and 2011 1st sp.s. c 47 s 2 are each
amended to read as follows:
(1) The boards of regents and boards of trustees of the state
universities, the boards of trustees of ((the regional universities and
of)) The Evergreen State College, the state board for community and
technical colleges, and the higher education coordinating board are
authorized and empowered:
(a) To assist the faculties and such other employees exempt from
civil service pursuant to RCW 41.06.070 (1)(((cc))) (z) and (2) as any
such board may designate in the purchase of old age annuities or
retirement income plans under such rules as any such board may
prescribe, subject to the restrictions in subsection (2) of this
section. County agricultural agents, home demonstration agents, 4-H
club agents, and assistant county agricultural agents paid jointly by
the Washington State University and the several counties shall be
deemed to be full-time employees of the Washington State University for
the purposes of this section;
(b) To provide, under such rules as any such board may prescribe
for the faculty members or other employees exempt from civil service
pursuant to RCW 41.06.070 (1)(((cc))) (z) and (2) under its
supervision, for the retirement of any such faculty member or other
exempt employee on account of age or condition of health, retirement on
account of age to be not earlier than the sixty-fifth birthday:
PROVIDED, That such faculty member or such other exempt employee may
elect to retire at the earliest age specified for retirement by federal
social security law: PROVIDED FURTHER, That any supplemental payment
authorized by (c) of this subsection and paid as a result of retirement
earlier than age sixty-five shall be at an actuarially reduced rate;
and shall be provided only to those persons who participate in an
annuity or retirement income plan under (a) of this subsection prior to
July 1, 2011;
(c) To pay only to those persons who participate in an annuity or
retirement income plan under (a) of this subsection prior to July 1,
2011, or to his or her designated beneficiary(s), each year after his
or her retirement, a supplemental amount which, when added to the
amount of such annuity or retirement income plan, or retirement income
benefit pursuant to RCW 28B.10.415, received by the retired person or
the retired person's designated beneficiary(s) in such year, will not
exceed fifty percent of the average annual salary paid to such retired
person for his or her highest two consecutive years of full-time
service under an annuity or retirement income plan established pursuant
to (a) of this subsection at an institution of higher education:
PROVIDED, HOWEVER, That if such retired person prior to retirement
elected a supplemental payment survivors option, any such supplemental
payments to such retired person or the retired person's designated
beneficiary(s) shall be at actuarially reduced rates: PROVIDED
FURTHER, That if a faculty member or other employee of an institution
of higher education who is a participant in a retirement plan
authorized by this section dies, or has died before retirement but
after becoming eligible for retirement on account of age, the
designated beneficiary(s) shall be entitled to receive the supplemental
payment authorized by this subsection to which such designated
beneficiary(s) would have been entitled had said deceased faculty
member or other employee retired on the date of death after electing a
supplemental payment survivors option: PROVIDED FURTHER, That for the
purpose of this subsection, the designated beneficiary(s) shall be (i)
the surviving spouse of the retiree; or, (ii) with the written consent
of such spouse, if any, such other person or persons as shall have an
insurable interest in the retiree's life and shall have been nominated
by written designation duly executed and filed with the retiree's
institution of higher education.
(2) Boards are prohibited from offering a purchased annuity or
retirement income plan authorized under this section to employees hired
on or after July 1, 2011, who have retired or are eligible to retire
from a public employees' retirement system described in RCW 41.50.030.
The higher education coordinating board shall only offer participation
in a purchased annuity or retirement income plan authorized under this
section to employees who have previously contributed premiums to a
similar qualified plan.
(3) During the 2011 legislative interim, the select committee on
pension policy shall evaluate the suitability and necessity of the
annuity and retirement plans authorized under this chapter for
employees in various positions within higher education institutions.
The select committee shall report its findings, including any
recommendations for restrictions on future plan membership, to the ways
and means committees of the house of representatives and the senate no
later than December 31, 2011.
Sec. 12 RCW 28B.10.401 and 1979 ex.s. c 259 s 3 are each amended
to read as follows:
The boards of regents and boards of trustees of the state
universities((, the boards of trustees of the state colleges,)) and the
state board for community and technical colleges ((education)), when
establishing the amount of supplemental payment under RCW
28B.10.400(((3))) (1)(c) as now or hereafter amended, shall apply the
following assumptions:
(1) That the faculty member or such other employee at the time of
retirement elected a joint and two-thirds survivor option on their
annuity or retirement income plan using actual ages, but not exceeding
a five-year age difference if married, or an actuarial equivalent
option if single, which represents accumulations including all
dividends from all matching contributions and any benefit that such
faculty member is eligible to receive from any Washington state public
retirement plan while employed at an institution of higher education;
(2) That on and after July 1, 1974, matching contributions were
allocated equally between a fixed dollar and a variable dollar annuity;
(3) That for each year after age fifty, the maximum amount of
contributions pursuant to RCW 28B.10.410 as now or hereafter amended be
contributed toward the purchase of such annuity or retirement income
plan, otherwise three-fourths of the formula described in RCW
28B.10.415, as now or hereafter amended, shall be applied.
Sec. 13 RCW 28B.10.407 and 1987 c 448 s 1 are each amended to
read as follows:
(1) A faculty member or other employee designated by the boards of
regents or boards of trustees of the state universities((, the boards
of trustees of the regional universities)) and The Evergreen State
College, or the state board for community and technical colleges
((education)) who is granted an authorized leave of absence without pay
may apply the period of time while on the leave in the computation of
benefits in any annuity and retirement plan authorized under RCW
28B.10.400 through 28B.10.430 only to the extent provided in subsection
(2) of this section.
(2) An employee who is eligible under subsection (1) of this
section may receive a maximum of two years' credit during the
employee's entire working career for periods of authorized leave
without pay. Such credit may be obtained only if the employee pays
both the employer and employee contributions required under RCW
28B.10.405 and 28B.10.410 while on the authorized leave of absence and
if the employee returns to employment with the university or college
immediately following the leave of absence for a period of not less
than two years. The employee and employer contributions shall be based
on the average of the employee's compensation at the time the leave of
absence was authorized and the time the employee resumes employment.
Any benefit under RCW 28B.10.400(((3))) (1)(c) shall be based only on
the employee's compensation earned from employment with the university
or college.
An employee who is inducted into the armed forces of the United
States shall be deemed to be on an unpaid, authorized leave of absence.
Sec. 14 RCW 28B.10.410 and 2011 1st sp.s. c 47 s 4 are each
amended to read as follows:
The boards of regents and boards of trustees of the state
universities((, the boards of trustees of the regional universities))
and of The Evergreen State College, the higher education coordinating
board, or the state board for community and technical colleges shall
pay not more than one-half of the annual premium of any annuity or
retirement income plan established under the provisions of RCW
28B.10.400. Such contribution shall not exceed ten percent of the
salary of the faculty member or other employee on whose behalf the
contribution is made. This contribution may be in addition to federal
social security tax contributions made by the boards, if any.
Sec. 15 RCW 28B.10.415 and 2011 1st sp.s. c 47 s 5 are each
amended to read as follows:
The boards of regents and boards of trustees of the state
universities((, the boards of trustees of the regional universities))
and of The Evergreen State College, the higher education coordinating
board, or the state board for community and technical colleges shall
not pay any amount to be added to the annuity or retirement income plan
of any retired person who was first hired on or after July 1, 2011, or
who has served for less than ten years in one or more of the state
institutions of higher education. In the case of persons who have
served more than ten years but less than twenty-five years no amount
shall be paid in excess of four percent of the amount authorized in RCW
28B.10.400(1)(c), multiplied by the number of years of full-time
service rendered by such person: PROVIDED, That credit for years of
service at an institution of higher education shall be limited to those
years in which contributions were made by a faculty member or other
employee designated pursuant to RCW 28B.10.400(1)(a) and the
institution or the state as a result of which a benefit is being
received by a retired person from any Washington state public
retirement plan: PROVIDED FURTHER, That all such benefits that a
retired person is eligible to receive shall reduce any supplementation
payments provided for in RCW 28B.10.400.
Sec. 16 RCW 28B.10.420 and 1979 c 14 s 1 are each amended to read
as follows:
(1) Except as provided otherwise in subsection (2) of this section,
faculty members or other employees designated by the boards of regents
or boards of trustees of the state universities((, the boards of
trustees of the regional universities)) or of The Evergreen State
College, or the state board for community and technical colleges
((education)) pursuant to RCW 28B.10.400 through 28B.10.420 as now or
hereafter amended shall be retired from their employment with their
institutions of higher education not later than the end of the academic
year next following their seventieth birthday.
(2) As provided in this subsection, the board of regents or board
of trustees of a state university((, the board of trustees of a
regional university)) or The Evergreen State College, or the state
board for community and technical colleges ((education)) may reemploy
any person who is "retired" pursuant to subsection (1) of this section,
who applies for reemployment and who has reached seventy years of age
on or after July 1, 1970. The following provisions shall govern such
reemployment:
(a) Prior to the reemployment, the board of regents, board of
trustees, or state board shall have found that the person possesses
outstanding qualifications which in the judgment of the board would
permit the person to continue valuable service to the institution.
(b) The period of reemployment shall not be counted as service
under, or result in any eligibility for benefits or increased benefits
under, any state authorized or supported annuity or retirement income
plan. Reemployment shall not result in the reemployed person or
employer making any contributions to any such plan.
(c) No person may be reemployed on a full time basis if such person
is receiving benefits under any state authorized or supported annuity
or retirement income plan. The reemployment of any person on a full
time basis shall be immediately terminated upon the person's obtaining
of any such benefits.
(d) A person may be reemployed on a part time basis and receive or
continue to receive any benefits for which such person is eligible
under any state authorized or supported annuity or retirement income
plan. Such part time work, however, shall not exceed forty percent of
full time employment during any year.
(e) A person reemployed pursuant to this section shall comply with
all conditions of reemployment and all rules providing for the
administration of this subsection which are prescribed or adopted by
the board of regents, or board of trustees, or by the state board for
community and technical colleges ((education)).
Sec. 17 RCW 28B.10.485 and 1979 c 130 s 1 are each amended to
read as follows:
The boards of the state universities((, regional universities,))
and the state college are authorized to issue charitable gift annuities
paying a fixed dollar amount to individual annuitants for their
lifetimes in exchange for the gift of assets to the respective
institution in a single transaction. The boards shall invest one
hundred percent of the charitable gift annuity assets in a reserve for
the lifetimes of the respective annuitants to meet liabilities that
result from the gift program.
Sec. 18 RCW 28B.10.487 and 1979 c 130 s 5 are each amended to
read as follows:
The obligation to make annuity payments to individuals under
charitable gift annuity agreements issued by the board of a state
university((, regional university,)) or of the state college pursuant
to RCW 28B.10.485 shall be secured by and limited to the assets given
in exchange for the annuity and reserves established by the board.
Such agreements shall not constitute:
(1) An obligation, either general or special, of the state; or
(2) A general obligation of a state university((, regional
university,)) or of the state college or of the board.
Sec. 19 RCW 28B.10.500 and 1977 ex.s. c 169 s 21 are each amended
to read as follows:
No regent or trustee of the state universities((, or trustee of the
regional universities)) or of The Evergreen State College shall be
removed during the term of office for which appointed, excepting only
for misconduct or malfeasance in office, and then only in the manner
hereinafter provided. Before any regent or trustee may be removed for
such misconduct or malfeasance, a petition for removal, stating the
nature of the misconduct or malfeasance of such regent or trustee with
reasonable particularity, shall be signed and verified by the governor
and served upon such regent or trustee. Said petition, together with
proof of service of same upon such regent or trustee, shall forthwith
be filed with the clerk of the supreme court. The chief justice of the
supreme court shall thereupon designate a tribunal composed of three
judges of the superior court to hear and adjudicate the charges. Such
tribunal shall fix the time of hearing, which shall be public, and the
procedure for the hearing, and the decision of such tribunal shall be
final and not subject to review by the supreme court. Removal of any
member of the board by the tribunal shall disqualify such member for
reappointment.
Sec. 20 RCW 28B.10.550 and 1977 ex.s. c 169 s 24 are each amended
to read as follows:
The boards of regents and boards of trustees of the state
universities, and ((the boards of trustees of the regional universities
or)) of The Evergreen State College, acting independently and each on
behalf of its own institution:
(1) May each establish a police force for its own institution,
which force shall function under such conditions and regulations as the
board prescribes; and
(2) May supply appropriate badges and uniforms indicating the
positions and authority of the members of such police force.
Sec. 21 RCW 28B.10.560 and 1983 c 221 s 1 are each amended to
read as follows:
(1) The boards of regents and boards of trustees of the state
universities((, and the boards of trustees of the regional
universities)) and of The Evergreen State College, acting independently
and each on behalf of its own institution, may each:
(a) Establish and promulgate rules and regulations governing
pedestrian traffic and vehicular traffic and parking upon lands and
facilities of the university or college;
(b) Adjudicate matters involving parking infractions internally;
and
(c) Collect and retain any penalties so imposed.
(2) If the rules or regulations promulgated under subsection (1) of
this section provide for internal adjudication of parking infractions,
a person charged with a parking infraction who deems himself or herself
aggrieved by the final decision in an internal adjudication may, within
ten days after written notice of the final decision, appeal by filing
a written notice thereof with the college or university police force.
Documents relating to the appeal shall immediately be forwarded to the
district court in the county in which the offense was committed, which
court shall have jurisdiction over such offense and such appeal shall
be heard de novo.
Sec. 22 RCW 28B.10.567 and 2011 c 336 s 713 are each amended to
read as follows:
The boards of regents and the boards of trustees of the state
universities and ((board of trustees of the regional universities and
the board of trustees)) of The Evergreen State College are authorized
and empowered, under such rules and regulations as any such board may
prescribe for the duly sworn police officers employed by any such board
as members of a police force established pursuant to RCW 28B.10.550, to
provide for the payment of death or disability benefits or medical
expense reimbursement for death, disability, or injury of any such duly
sworn police officer who, in the line of duty, loses his or her life or
becomes disabled or is injured, and for the payment of such benefits to
be made to any such duly sworn police officer or his or her surviving
spouse or the legal guardian of his or her child or children, as
defined in RCW 41.26.030(6), or his or her estate: PROVIDED, That the
duty-related benefits authorized by this section shall in no event be
greater than the benefits authorized on June 25, 1976, for duty-related
death, disability, or injury of a law enforcement officer under chapter
41.26 RCW: PROVIDED FURTHER, That the duty-related benefits authorized
by this section shall be reduced to the extent of any amounts received
or eligible to be received on account of the duty-related death,
disability, or injury to any such duly sworn police officer, his or her
surviving spouse, the legal guardian of his or her child or children,
or his or her estate, under workers' compensation, social security
including the changes incorporated under Public Law 89-97 as now or
hereafter amended, or disability income insurance and health care plans
under chapter 41.05 RCW.
Sec. 23 RCW 28B.10.590 and 2009 c 241 s 1 are each amended to
read as follows:
(1) The boards of regents and the boards of trustees of the state
universities((, the boards of trustees of the regional universities))
and The Evergreen State College, and the boards of trustees of each
community and technical college district, in collaboration with
affiliated bookstores and student and faculty representatives, shall
adopt rules requiring that:
(a) Affiliated bookstores:
(i) Provide students the option of purchasing materials that are
unbundled when possible, disclose to faculty and staff the costs to
students of purchasing materials, and disclose publicly how new
editions vary from previous editions;
(ii) Actively promote and publicize book buy-back programs;
(iii) Disclose retail costs for course materials on a per course
basis to faculty and staff and make this information publicly
available; and
(iv) Disclose information to students on required course materials
including but not limited to title, authors, edition, price, and
International Standard Book Number (ISBN) at least four weeks before
the start of the class for which the materials are required. The chief
academic officer may waive the disclosure requirement provided in this
subsection (1)(a)(iv), on a case-by-case basis, if students may
reasonably expect that nearly all information regarding course
materials is available four weeks before the start of the class for
which the materials are required. The requirement provided in this
subsection (1)(a)(iv) does not apply if the faculty member using the
course materials is hired four weeks or less before the start of class;
and
(b) Faculty and staff members consider the least costly practices
in assigning course materials, such as adopting the least expensive
edition available, adopting free, open textbooks when available, and
working with college librarians to put together collections of free
online web and library resources, when educational content is
comparable as determined by the faculty.
(2) As used in this section:
(a) "Materials" means any supplies or texts required or recommended
by faculty or staff for a given course.
(b) "Bundled" means a group of objects joined together by packaging
or required to be purchased as an indivisible unit.
Sec. 24 RCW 28B.10.600 and 1977 ex.s. c 169 s 27 are each amended
to read as follows:
The boards of regents of the ((state universities)) University of
Washington and Washington State University are each authorized to enter
into agreements with the board of directors of any school district in
this state whereby one or more of the public schools operated by such
district may be used by the university for the purpose of training
students at said university as teachers, supervisors, principals, or
superintendents. The boards of trustees of ((the regional
universities)) Central Washington University, Eastern Washington
University, and Western Washington University and of The Evergreen
State College are authorized to enter into similar agreements for the
purpose of training students at their institutions as teachers,
supervisors, or principals.
Sec. 25 RCW 28B.10.620 and 1969 ex.s. c 223 s 28B.10.620 are each
amended to read as follows:
The boards of regents and boards of trustees of the state
universities are hereby empowered to enter into agreements with
corporations organized under chapters 24.08, 24.16, or 24.20 RCW,
whereby such corporations may be permitted to conduct on university
property devoted mainly to medical, educational or research activities,
under such conditions as the boards of regents and boards of trustees
shall prescribe, any educational, hospital, research or related
activity which the boards of regents and boards of trustees shall find
will further the objects of the university.
Sec. 26 RCW 28B.10.625 and 1969 ex.s. c 223 s 28B.10.625 are each
amended to read as follows:
The boards of regents and boards of trustees of the state
universities may expend funds available to said institutions in any
cooperative effort with such corporations which will further the
objects of the particular university and may permit any such
corporation or corporations to use any property of the university in
carrying on said functions.
Sec. 27 RCW 28B.10.640 and 1977 ex.s. c 169 s 29 are each amended
to read as follows:
The associated students of the ((University of Washington, the
associated students of Washington State University,)) state
universities and the student associations of the state community
colleges ((and the student associations of the regional universities))
and of The Evergreen State College shall contract for all purchases for
printing of athletic programs, athletic tickets, athletic press
brochures, yearbooks, magazines, newspapers, and letting of
concessions, exceeding one thousand dollars, notice of call for bid on
the same to be published in at least two newspapers of general
circulation in the county wherein the institution is located two weeks
prior to the award being made. The contract shall be awarded to the
lowest responsible bidder, if the price bid is fair and reasonable and
not greater than the market value and price, and if the bid
satisfactorily covers the quality, design, performance, convenience and
reliability of service of the manufacturer and/or dealer. The
aforesaid student associations may require such security as they deem
proper to accompany the bids submitted, and they shall also fix the
amount of the bond or other security that shall be furnished by the
person to whom the contract is awarded. Such student associations may
reject any or all bids submitted, if for any reason it is deemed for
the best interest of their organizations to do so and readvertise in
accordance with the provisions of this section. The student
associations may reject the bid of any person who has had a prior
contract, and who did not, in its opinion, faithfully comply with its
terms: PROVIDED, That nothing in this section shall apply to printing
done or presses owned and operated by the associated students of the
((University of Washington, the associated students of Washington State
University or the student associations of the regional)) state
universities or of The Evergreen State College or community colleges,
or to printing done on presses owned or operated by their respective
institutions.
Sec. 28 RCW 28B.10.650 and 2004 c 275 s 45 are each amended to
read as follows:
It is the intent of the legislature that when the state ((and
regional)) universities, The Evergreen State College, and community
colleges grant professional leaves to faculty and exempt staff, such
leaves be for the purpose of providing opportunities for study,
research, and creative activities for the enhancement of the
institution's instructional and research programs.
The boards of regents and boards of trustees of the state
universities((, the boards of trustees of the regional universities))
and of The Evergreen State College and the board of trustees of each
community college district may grant remunerated professional leaves to
faculty members and exempt staff, as defined in RCW 41.06.070, in
accordance with regulations adopted by the respective governing boards
for periods not to exceed twelve consecutive months in accordance with
the following provisions:
(1) The remuneration from state general funds and general local
funds for any such leave granted for any academic year shall not exceed
the average of the highest quartile of a rank order of salaries of all
full time teaching faculty holding academic year contracts or
appointments at the institution or in the district.
(2) Remunerated professional leaves for a period of more or less
than an academic year shall be compensated at rates not to exceed a
proportional amount of the average salary as otherwise calculated for
the purposes of subsection (1) of this section.
(3) The grant of any such professional leave shall be contingent
upon a signed contractual agreement between the respective governing
board and the recipient providing that the recipient shall return to
the granting institution or district following his or her completion of
such leave and serve in a professional status for a period commensurate
with the amount of leave so granted. Failure to comply with the
provisions of such signed agreement shall constitute an obligation of
the recipient to repay to the institution any remuneration received
from the institution during the leave.
(4) The aggregate cost of remunerated professional leaves awarded
at the institution or district during any year, including the cost of
replacement personnel, shall not exceed the cost of salaries which
otherwise would have been paid to personnel on leaves: PROVIDED, That
for community college districts the aggregate cost shall not exceed one
hundred fifty percent of the cost of salaries which would have
otherwise been paid to personnel on leaves: PROVIDED FURTHER, That
this subsection shall not apply to any community college district with
fewer than seventy-five full time faculty members and granting fewer
than three individuals such leaves in any given year.
(5) The average number of annual remunerated professional leaves
awarded at any such institution or district shall not exceed four
percent of the total number of full time equivalent faculty, as defined
by the office of financial management, who are engaged in instruction,
and exempt staff as defined in RCW 41.06.070.
(6) Negotiated agreements made in accordance with chapter 28B.52
RCW and entered into after July 1, 1977, shall be in conformance with
the provisions of this section.
(7) The respective institutions and districts shall maintain such
information which will ensure compliance with the provisions of this
section.
Sec. 29 RCW 28B.10.685 and 1995 c 310 s 3 are each amended to
read as follows:
Beginning in 1997, by September 30th of each year, each state
university, ((regional university,)) state college, and, for community
colleges and technical colleges, the state board for community and
technical colleges shall provide a report to the office of the
superintendent of public instruction, the state board of education, and
the commission on student learning under RCW 28A.630.885. The report
shall contain the following information on students who, within three
years of graduating from a Washington high school, enrolled the prior
year in a state-supported precollege level class at the institution:
(1) The number of such students enrolled in a precollege level class in
mathematics, reading, grammar, spelling, writing, or English; (2) the
types of precollege classes in which each student was enrolled; and (3)
the name of the Washington high school from which each student
graduated.
For students who enrolled in a precollege class within three years
of graduating from a Washington high school, each institution of higher
education shall also report to the Washington high school from which
the student graduated. The annual report shall include information on
the number of students from that high school enrolled in precollege
classes, and the types of classes taken by the students.
Sec. 30 RCW 28B.10.700 and 1977 ex.s. c 169 s 31 are each amended
to read as follows:
The state board for community and technical colleges ((education)),
the boards of trustees of ((the regional universities and of)) The
Evergreen State College, and the boards of regents and boards of
trustees of the state universities, with appreciation of the
legislature's desire to emphasize physical education courses in their
respective institutions, shall provide for the same, being cognizant of
legislative guide lines put forth in RCW 28A.230.050 relating to
physical education courses in high schools.
Sec. 31 RCW 28B.10.703 and 1977 ex.s. c 169 s 32 are each amended
to read as follows:
The governing boards of each of the state universities, ((the
regional universities,)) The Evergreen State College, and community
colleges in addition to their other duties prescribed by law shall have
the power and authority to establish programs for intercollegiate
athletic competition. Such competition may include participation as a
member of an athletic conference or conferences, in accordance with
conference rules.
Sec. 32 RCW 28B.15.005 and 1977 ex.s. c 169 s 33 are each amended
to read as follows:
(1) "Colleges and universities" for the purposes of this chapter
shall mean Central Washington University at Ellensburg, Eastern
Washington University at Cheney, Western Washington University at
Bellingham, The Evergreen State College in Thurston county, community
colleges as are provided for in chapter 28B.50 RCW, the University of
Washington, and Washington State University.
(2) "State universities" for the purposes of this chapter shall
mean the University of Washington ((and)), Washington State University,
Central Washington University, Eastern Washington University, and
Western Washington University.
(((3) "Regional universities" for the purposes of this chapter
shall mean Central Washington University, Eastern Washington University
and Western Washington University.))
Sec. 33 RCW 28B.15.014 and 2000 c 117 s 3 are each amended to
read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities, ((the regional universities,)) The Evergreen
State College, and the community colleges may exempt the following
nonresidents from paying all or a portion of the nonresident tuition
fees differential:
(1) Any person who resides in the state of Washington and who holds
a graduate service appointment designated as such by a public
institution of higher education or is employed for an academic
department in support of the instructional or research programs
involving not less than twenty hours per week during the term such
person shall hold such appointment.
(2) Any faculty member, classified staff member or administratively
exempt employee holding not less than a half time appointment at an
institution who resides in the state of Washington, and the dependent
children and spouse of such persons.
(3) Any immigrant refugee and the spouse and dependent children of
such refugee, if the refugee (a) is on parole status, or (b) has
received an immigrant visa, or (c) has applied for United States
citizenship.
(4) Any dependent of a member of the United States congress
representing the state of Washington.
Sec. 34 RCW 28B.15.025 and 1985 c 390 s 12 are each amended to
read as follows:
The term "building fees" means the fees charged students
registering at the state's colleges and universities, which fees are to
be used as follows: At the University of Washington, solely for the
purposes provided in RCW 28B.15.210; at Washington State University,
solely for the purposes provided in RCW 28B.15.310; at ((each of the
regional universities)) Central Washington University, Eastern
Washington University, Western Washington University, and at The
Evergreen State College, solely for the purposes provided in RCW
28B.35.370; and at the community colleges, for the purposes provided in
RCW 28B.50.320, 28B.50.360 and 28B.50.370. The term "building fees" is
a renaming of the "general tuition fee," and shall not be construed to
affect otherwise moneys pledged to, or used for bond retirement
purposes.
Sec. 35 RCW 28B.15.041 and 1985 c 390 s 14 are each amended to
read as follows:
The term "services and activities fees" as used in this chapter is
defined to mean fees, other than tuition fees, charged to all students
registering at the state's community colleges, ((regional
universities,)) The Evergreen State College, and state universities.
Services and activities fees shall be used as otherwise provided by law
or by rule or regulation of the board of trustees or regents of each of
the state's community colleges, The Evergreen State College, ((the
regional universities,)) or the state universities for the express
purpose of funding student activities and programs of their particular
institution. Student activity fees, student use fees, student building
use fees, special student fees, or other similar fees charged to all
full time students, or to all students, as the case may be, registering
at the state's colleges or universities and pledged for the payment of
bonds heretofore or hereafter issued for, or other indebtedness
incurred to pay, all or part of the cost of acquiring, constructing or
installing any lands, buildings, or facilities of the nature described
in RCW 28B.10.300 as now or hereafter amended, shall be included within
and deemed to be services and activities fees.
Sec. 36 RCW 28B.15.051 and 1996 c 142 s 1 are each amended to
read as follows:
(1) The governing board of each of the state universities((, the
regional universities,)) and The Evergreen State College, upon the
written agreement of its respective student government association or
its equivalent, may establish and charge each enrolled student a
technology fee, separate from tuition fees. During the 1996-97
academic year, any technology fee shall not exceed one hundred twenty
dollars for a full-time student. Any technology fee charged to a part-time student shall be calculated as a pro rata share of the fee charged
to a full-time student.
(2) Revenue from this fee shall be used exclusively for technology
resources for general student use.
(3) Only changes in the amount of the student technology fee agreed
upon by both the governing board and its respective student government
association or its equivalent shall be used to adjust the amount
charged to students. Changes in the amount charged to students, once
implemented, become the basis for future changes.
(4) Annually, the student government association or its equivalent
may abolish the fee by a majority vote. In the event of such a vote,
the student government association or its equivalent shall notify the
governing board of the institution. The fee shall cease being
collected the term after the student government association or its
equivalent voted to eliminate the fee.
(5) The student government association or its equivalent shall
approve the annual expenditure plan for the fee revenue.
(6) The universities and The Evergreen State College shall deposit
three and one-half percent of revenues from the technology fee into the
institutional financial aid fund under RCW 28B.15.820.
(7) As used in this section, "technology fee" is a fee charged to
students to recover, in whole or in part, the costs of providing and
maintaining services to students that include, but need not be limited
to: Access to the internet and world wide web, e-mail, computer and
multimedia work stations and laboratories, computer software, and dial-up telephone services.
(8) Prior to the establishment of a technology fee, a governing
board shall provide to the student governing body a list of existing
fees of a similar nature or for a similar purpose. The board and the
student governing body shall ensure that student fees for technology
are not duplicative.
Sec. 37 RCW 28B.15.067 and 2011 1st sp.s. c 10 s 3 are each
amended to read as follows:
(1) Tuition fees shall be established under the provisions of this
chapter.
(2) Beginning in the 2011-12 academic year, reductions or increases
in full-time tuition fees shall be as provided in the omnibus
appropriations act for resident undergraduate students at community and
technical colleges. The governing boards of the state universities((,
regional universities,)) and The Evergreen State College; and the state
board for community and technical colleges may reduce or increase full-time tuition fees for all students other than resident undergraduates,
including nonresident students, summer school students, and students in
other self-supporting degree programs. Percentage increases in full-time tuition may exceed the fiscal growth factor. The state board for
community and technical colleges may pilot or institute differential
tuition models. The board may define scale, scope, and rationale for
the models.
(3)(a) Beginning with the 2011-12 academic year and through the end
of the 2014-15 academic year, the governing boards of the state
universities((, the regional universities,)) and The Evergreen State
College may reduce or increase full-time tuition fees for all students,
including summer school students and students in other self-supporting
degree programs. Percentage increases in full-time tuition fees may
exceed the fiscal growth factor. Reductions or increases may be made
for all or portions of an institution's programs, campuses, courses, or
students.
(b) Prior to reducing or increasing tuition for each academic year,
the governing boards of the state universities((, the regional
universities,)) and The Evergreen State College shall consult with
existing student associations or organizations with student
undergraduate and graduate representatives regarding the impacts of
potential tuition increases. Governing boards shall be required to
provide data regarding the percentage of students receiving financial
aid, the sources of aid, and the percentage of total costs of
attendance paid for by aid.
(c) Prior to reducing or increasing tuition for each academic year,
the state board for community and technical college system shall
consult with existing student associations or organizations with
undergraduate student representation regarding the impacts of potential
tuition increases. The state board for community and technical
colleges shall provide data regarding the percentage of students
receiving financial aid, the sources of aid, and the percentage of
total costs of attendance paid for by aid.
(4) Beginning with the 2015-16 academic year through the 2018-19
academic year, the governing boards of the state universities((,
regional universities,)) and The Evergreen State College may set
tuition for resident undergraduates as follows:
(a) If state funding for a college or university falls below the
state funding provided in the operating budget for fiscal year 2011,
the governing board may increase tuition up to the limits set in (d) of
this subsection, reduce enrollments, or both;
(b) If state funding for a college or university is at least at the
level of state funding provided in the operating budget for fiscal year
2011, the governing board may increase tuition up to the limits set in
(d) of this subsection and shall continue to at least maintain the
actual enrollment levels for fiscal year 2011 or increase enrollments
as required in the omnibus appropriations act; ((and))
(c) If state funding is increased so that combined with resident
undergraduate tuition the sixtieth percentile of the total per-student
funding at similar public institutions of higher education in the
global challenge states under RCW 28B.15.068 is exceeded, the governing
board shall decrease tuition by the amount needed for the total per-student funding to be at the sixtieth percentile under RCW 28B.15.068;
and
(d) The amount of tuition set by the governing board for an
institution under this subsection (4) may not exceed the sixtieth
percentile of the resident undergraduate tuition of similar public
institutions of higher education in the global challenge states.
(5) The tuition fees established under this chapter shall not apply
to high school students enrolling in participating institutions of
higher education under RCW 28A.600.300 through 28A.600.400.
(6) The tuition fees established under this chapter shall not apply
to eligible students enrolling in a dropout reengagement program
through an interlocal agreement between a school district and a
community or technical college under RCW 28A.175.100 through
28A.175.110.
(7) The tuition fees established under this chapter shall not apply
to eligible students enrolling in a community or technical college
participating in the pilot program under RCW 28B.50.534 for the purpose
of obtaining a high school diploma.
(8) Beginning in the 2019-20 academic year, reductions or increases
in full-time tuition fees for resident undergraduates at four-year
institutions of higher education shall be as provided in the omnibus
appropriations act.
Sec. 38 RCW 28B.15.100 and 2011 1st sp.s. c 11 s 151 are each
amended to read as follows:
(1) The governing boards of the state universities, ((the regional
universities,)) The Evergreen State College, and the community colleges
shall charge to and collect from each of the students registering at
the particular institution for any quarter or semester such tuition
fees and services and activities fees, and other fees as such board
shall in its discretion determine. For the governing boards of the
state universities((, the regional universities,)) and The Evergreen
State College, the total of all fees shall be rounded to the nearest
whole dollar amount: PROVIDED, That such tuition fees shall be
established in accordance with RCW 28B.15.067.
(2) Part-time students shall be charged tuition and services and
activities fees proportionate to full-time student rates established
for residents and nonresidents: PROVIDED, That except for students
registered at community colleges, students registered for fewer than
two credit hours shall be charged tuition and services and activities
fees at the rate established for two credit hours: PROVIDED FURTHER,
That, subject to the limitations of RCW 28B.15.910, residents of Idaho
or Oregon who are enrolled in community college district number twenty
for six or fewer credits during any quarter or semester may be exempted
from payment of all or a portion of the nonresident tuition fees
differential upon a declaration by the office of student financial
assistance that it finds Washington residents from the community
college district are afforded substantially equivalent treatment by
such other states.
(3) Full-time students registered for more than eighteen credit
hours shall be charged an additional operating fee for each credit hour
in excess of eighteen hours at the applicable established per credit
hour tuition fee rate for part-time students: PROVIDED, That, subject
to the limitations of RCW 28B.15.910, the governing boards of the state
universities and the community colleges may exempt all or a portion of
the additional charge, for students who are registered exclusively in
first professional programs in medicine, dental medicine, veterinary
medicine, doctor of pharmacy, or law, or who are registered exclusively
in required courses in vocational preparatory programs.
Sec. 39 RCW 28B.15.101 and 2011 1st sp.s. c 10 s 5 are each
amended to read as follows:
(1) To ensure institutional quality, promote access, and advance
the public mission of the state universities((, the regional
universities,)) and The Evergreen State College, the authority to
increase or decrease tuition rates shall be considered within the
context of performance-based measures and goals for each state
university((, regional university,)) and The Evergreen State College.
By September 1, 2011, and September 1st every two years thereafter, the
state universities((, the regional universities,)) and The Evergreen
State College shall each negotiate an institutional performance plan
with the office of financial management that includes expected outcomes
that must be achieved by each institution in the subsequent biennium.
(2) At a minimum, an individual institutional performance plan must
include but is not limited to the following expected outcomes:
(a) Time and credits to degree;
(b) Retention and success of students from low-income, diverse, or
underrepresented communities;
(c) Baccalaureate degree production for resident students; and
(d) Degree production in high-employer demand programs of study and
critical state need areas.
Sec. 40 RCW 28B.15.380 and 2010 c 261 s 4 are each amended to
read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities((, the regional universities,)) and The
Evergreen State College shall exempt the following students from the
payment of all tuition fees and services and activities fees:
(1) Children of any law enforcement officer as defined in chapter
41.26 RCW, firefighter as defined in chapter 41.26 or 41.24 RCW, or
Washington state patrol officer who lost his or her life or became
totally disabled in the line of duty while employed by any public law
enforcement agency or full time or volunteer fire department in this
state: PROVIDED, That such persons may receive the exemption only if
they begin their course of study at a state-supported college or
university within ten years of their graduation from high school; and
(2) Surviving spouses of any law enforcement officer as defined in
chapter 41.26 RCW, firefighter as defined in chapter 41.26 or 41.24
RCW, or Washington state patrol officer who lost his or her life or
became totally disabled in the line of duty while employed by any
public law enforcement agency or full time or volunteer fire department
in this state.
(3) The governing boards of the state universities((, the regional
universities,)) and The Evergreen State College shall report to the
higher education coordinating board on the annual cost of tuition fees
and services and activities fees waived for surviving spouses and
children under this section. The higher education coordinating board
shall consolidate the reports of the waived fees and annually report to
the appropriate fiscal and policy committees of the legislature.
Sec. 41 RCW 28B.15.540 and 1992 c 231 s 16 are each amended to
read as follows:
Consistent with the regulations and procedures established by the
governing boards of the state universities((, the regional
universities,)) and The Evergreen State College and the state board for
community and technical colleges, each institution may for Washington
residents who are sixty years of age or older:
(1) Waive, in whole or in part, the tuition and services and
activities fees for students who qualify under this section and who are
enrolled for credit, and
(2) Waive, in whole or in part, the tuition and services and
activities fees for students who qualify under this section, but charge
a nominal fee not to exceed five dollars per quarter, or semester, as
the case may be, for such students who are enrolled on an audit basis:
PROVIDED, That residents enrolling with fee exemptions under this
section shall register for not more than two quarter or semester
courses at one time on a space available basis, and no new course
sections shall be created as a direct result of such registration:
PROVIDED FURTHER, That such waivers shall not be available to students
who plan to use the course credits gained thereby for increasing
credentials or salary schedule increases: PROVIDED FURTHER, That
enrollment information concerning fee exemptions awarded under this
section shall be maintained separately from other enrollment
information but shall not be included in official enrollment reports:
PROVIDED, That persons who enroll pursuant to provisions of this
section shall not be considered for any purpose in determining student-teacher ratio, nor for any purpose relating to enrollment totals, nor
any other statistic which would affect budgetary determinations.
Persons enrolling under the provisions of this section shall have, in
equal with all other students, access to course counseling services and
shall be subject to all course prerequisite requirements.
Sec. 42 RCW 28B.15.543 and 2011 1st sp.s. c 11 s 152 are each
amended to read as follows:
(1) Subject to the limitations of RCW 28B.15.910, the governing
boards of the state universities, ((the regional universities,)) The
Evergreen State College, and the community colleges shall waive tuition
and service and activities fees for students named by the office of
student financial assistance on or before June 30, 1994, as recipients
of the Washington scholars award under RCW 28A.600.100 through
28A.600.150. The waivers shall be used only for undergraduate studies.
To qualify for the waiver, recipients shall enter the college or
university within three years of high school graduation and maintain a
minimum grade point average at the college or university equivalent to
3.30. Students shall be eligible to receive a maximum of twelve
quarters or eight semesters of waivers and may transfer among state-supported institutions of higher education during that period and
continue to have the tuition and services and activities fees waived by
the state-supported institution of higher education that the student
attends. Should the student's cumulative grade point average fall
below 3.30 during the first three quarters or two semesters, that
student may petition the office of student financial assistance which
shall have the authority to establish a probationary period until such
time as the student's grade point average meets required standards.
(2) Students named by the office of student financial assistance
after June 30, 1994, as recipients of the Washington scholars award
under RCW 28A.600.100 through 28A.600.150 shall be eligible to receive
a grant for undergraduate coursework as authorized under RCW
28B.76.660.
Sec. 43 RCW 28B.15.545 and 2004 c 275 s 50 are each amended to
read as follows:
(1) Subject to the limitations of RCW 28B.15.910, the governing
boards of the state universities, ((the regional universities,)) The
Evergreen State College, and the community colleges shall waive tuition
and services and activities fees for a maximum of two years for those
recipients of the Washington award for vocational excellence
established under RCW 28C.04.520 through 28C.04.540 who received their
awards before June 30, 1994. Each recipient shall not receive a
waiver for more than six quarters or four semesters. To qualify for
the waiver, recipients shall enter the college or university within
three years of receiving the award. A minimum grade point average at
the college or university equivalent to 3.00, or an above-average
rating at a technical college, shall be required in the first year to
qualify for the second-year waiver. The tuition waiver shall be
granted for undergraduate studies only.
(2) Students named by the workforce training and education
coordinating board after June 30, 1994, as recipients of the Washington
award for vocational excellence under RCW 28C.04.520 through 28C.04.550
shall be eligible to receive a grant for undergraduate coursework as
authorized under RCW 28B.76.670.
Sec. 44 RCW 28B.15.556 and 1993 sp.s. c 18 s 21 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities((, the regional universities,)) and The
Evergreen State College may waive all or a portion of the tuition((,))
and services and activities fees for undergraduate or graduate students
of foreign nations subject to the following limitations:
(1) No more than the equivalent of one hundred waivers may be
awarded to undergraduate or graduate students of foreign nations at
((each of the two state universities)) the University of Washington and
Washington State University;
(2) No more than the equivalent of twenty waivers may be awarded to
undergraduate or graduate students of foreign nations at ((each of the
regional universities)) Central Washington University, Eastern
Washington University, Western Washington University, and The Evergreen
State College;
(3) Priority in the awarding of waivers shall be given to students
on academic exchanges or academic special programs sponsored by
recognized international educational organizations; and
(4) An undergraduate or graduate student of a foreign nation
receiving a waiver under this section is not eligible for any other
waiver.
The waiver programs under this section, to the greatest extent
possible, shall promote reciprocal placements and waivers in foreign
nations for Washington residents. The number of waivers awarded by
each institution shall not exceed the number of that institution's own
students enrolled in approved study programs abroad during the same
period.
Sec. 45 RCW 28B.15.558 and 2007 c 461 s 1 are each amended to
read as follows:
(1) The governing boards of the state universities, ((the regional
universities,)) The Evergreen State College, and the community colleges
may waive all or a portion of the tuition and services and activities
fees for state employees as defined under subsection (2) of this
section and teachers and other certificated instructional staff under
subsection (3) of this section. The enrollment of these persons is
pursuant to the following conditions:
(a) Such persons shall register for and be enrolled in courses on
a space available basis and no new course sections shall be created as
a result of the registration;
(b) Enrollment information on persons registered pursuant to this
section shall be maintained separately from other enrollment
information and shall not be included in official enrollment reports,
nor shall such persons be considered in any enrollment statistics that
would affect budgetary determinations; and
(c) Persons registering on a space available basis shall be charged
a registration fee of not less than five dollars.
(2) For the purposes of this section, "state employees" means
persons employed half-time or more in one or more of the following
employee classifications:
(a) Permanent employees in classified service under chapter 41.06
RCW;
(b) Permanent employees governed by chapter 41.56 RCW pursuant to
the exercise of the option under RCW 41.56.201;
(c) Permanent classified employees and exempt paraprofessional
employees of technical colleges; and
(d) Faculty, counselors, librarians, and exempt professional and
administrative employees at institutions of higher education as defined
in RCW 28B.10.016.
(3) The waivers available to state employees under this section
shall also be available to teachers and other certificated
instructional staff employed at public common and vocational schools,
holding or seeking a valid endorsement and assignment in a state-identified shortage area.
(4) In awarding waivers, an institution of higher education may
award waivers to eligible persons employed by the institution before
considering waivers for eligible persons who are not employed by the
institution.
(5) If an institution of higher education exercises the authority
granted under this section, it shall include all eligible state
employees in the pool of persons eligible to participate in the
program.
(6) In establishing eligibility to receive waivers, institutions of
higher education may not discriminate between full-time employees and
employees who are employed half-time or more.
Sec. 46 RCW 28B.15.600 and 2004 c 161 s 2 are each amended to
read as follows:
(1) The governing boards of the state universities((, the regional
universities,)) and The Evergreen State College may refund or cancel in
full the tuition and services and activities fees if the student
withdraws from a university or college course or program prior to the
sixth day of instruction of the quarter or semester for which the fees
have been paid or are due. If the student withdraws on or after the
sixth day of instruction, the governing boards may refund or cancel up
to one-half of the fees, provided such withdrawal occurs within the
first thirty calendar days following the beginning of instruction.
However, if a different policy is required by federal law in order for
the institution of higher education to maintain eligibility for federal
funding of programs, the governing board may adopt a refund policy that
meets the minimum requirements of the federal law, and the policy may
treat all students attending the institution in the same manner.
Additionally, if federal law provides that students who receive federal
financial aid must return a larger amount to the federal government
than that refunded by the institution, the governing board may adopt a
refund policy that uses the formula used to calculate the amount
returned to the federal government, and the policy may treat all
students attending the institution in the same manner.
(2) The governing boards of the respective universities and college
may adopt rules for the refund of tuition and fees for courses or
programs that begin after the start of the regular quarter or semester.
(3) The governing boards may extend the refund or cancellation
period for students who withdraw for medical reasons, shall adopt
policies that comply with RCW 28B.10.270 for students who are called
into the military service of the United States, and may refund other
fees pursuant to such rules as they may prescribe.
Sec. 47 RCW 28B.15.615 and 1996 c 142 s 3 are each amended to
read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities ((and the regional universities)) may exempt
the following students from paying all or a portion of the resident
operating fee and the technology fee: Students granted a graduate
service appointment, designated as such by the institution, involving
not less than twenty hours of work per week. The exemption shall be
for the term of the appointment.
Sec. 48 RCW 28B.15.621 and 2009 c 316 s 1 are each amended to
read as follows:
(1) The legislature finds that active military and naval veterans,
reserve military and naval veterans, and national guard members called
to active duty have served their country and have risked their lives to
defend the lives of all Americans and the freedoms that define and
distinguish our nation. The legislature intends to honor active
military and naval veterans, reserve military and naval veterans, and
national guard members who have served on active military or naval duty
for the public service they have provided to this country.
(2) Subject to the limitations in RCW 28B.15.910, the governing
boards of the state universities, ((the regional universities,)) The
Evergreen State College, and the community colleges, may waive all or
a portion of tuition and fees for an eligible veteran or national guard
member.
(3) The governing boards of the state universities, ((the regional
universities,)) The Evergreen State College, and the community
colleges, may waive all or a portion of tuition and fees for a military
or naval veteran who is a Washington domiciliary, but who did not serve
on foreign soil or in international waters or in another location in
support of those serving on foreign soil or in international waters and
who does not qualify as an eligible veteran or national guard member
under subsection (8) of this section. However, there shall be no state
general fund support for waivers granted under this subsection.
(4) Subject to the conditions in subsection (5) of this section and
the limitations in RCW 28B.15.910, the governing boards of the state
universities, ((the regional universities,)) The Evergreen State
College, and the community colleges, shall waive all tuition and fees
for the following persons:
(a) A child and the spouse or the domestic partner or surviving
spouse or surviving domestic partner of an eligible veteran or national
guard member who became totally disabled as a result of serving in
active federal military or naval service, or who is determined by the
federal government to be a prisoner of war or missing in action; and
(b) A child and the surviving spouse or surviving domestic partner
of an eligible veteran or national guard member who lost his or her
life as a result of serving in active federal military or naval
service.
(5) The conditions in this subsection (5) apply to waivers under
subsection (4) of this section.
(a) A child must be a Washington domiciliary between the age of
seventeen and twenty-six to be eligible for the tuition waiver. A
child's marital status does not affect eligibility.
(b)(i) A surviving spouse or surviving domestic partner must be a
Washington domiciliary.
(ii) Except as provided in (b)(iii) of this subsection, a surviving
spouse or surviving domestic partner has ten years from the date of the
death, total disability, or federal determination of prisoner of war or
missing in action status of the eligible veteran or national guard
member to receive benefits under the waiver. Upon remarriage or
registration in a subsequent domestic partnership, the surviving spouse
or surviving domestic partner is ineligible for the waiver of all
tuition and fees.
(iii) If a death results from total disability, the surviving
spouse has ten years from the date of death in which to receive
benefits under the waiver.
(c) Each recipient's continued participation is subject to the
school's satisfactory progress policy.
(d) Tuition waivers for graduate students are not required for
those who qualify under subsection (4) of this section but are
encouraged.
(e) Recipients who receive a waiver under subsection (4) of this
section may attend full-time or part-time. Total credits earned using
the waiver may not exceed two hundred quarter credits, or the
equivalent of semester credits.
(6) Required waivers of all tuition and fees under subsection (4)
of this section shall not affect permissive waivers of tuition and fees
under subsection (3) of this section.
(7) Private vocational schools and private higher education
institutions are encouraged to provide waivers consistent with the
terms in subsections (2) through (5) of this section.
(8) The definitions in this subsection apply throughout this
section.
(a) "Child" means a biological child, adopted child, or stepchild.
(b) "Eligible veteran or national guard member" means a Washington
domiciliary who was an active or reserve member of the United States
military or naval forces, or a national guard member called to active
duty, who served in active federal service, under either Title 10 or
Title 32 of the United States Code, in a war or conflict fought on
foreign soil or in international waters or in another location in
support of those serving on foreign soil or in international waters,
and if discharged from service, has received an honorable discharge.
(c) "Totally disabled" means a person who has been determined to be
one hundred percent disabled by the federal department of veterans
affairs.
(d) "Washington domiciliary" means a person whose true, fixed, and
permanent house and place of habitation is the state of Washington.
"Washington domiciliary" includes a person who is residing in rental
housing or residing in base housing. In ascertaining whether a child
or surviving spouse or surviving domestic partner is domiciled in the
state of Washington, public institutions of higher education shall, to
the fullest extent possible, rely upon the standards provided in RCW
28B.15.013.
(9) As used in subsection (4) of this section, "fees" includes all
assessments for costs incurred as a condition to a student's full
participation in coursework and related activities at an institution of
higher education.
(10) The governing boards of the state universities, ((the regional
universities,)) The Evergreen State College, and the community colleges
shall report to the higher education committees of the legislature by
November 15, 2010, and every two years thereafter, regarding the status
of implementation of the waivers under subsection (4) of this section.
The reports shall include the following data and information:
(a) Total number of waivers;
(b) Total amount of tuition waived;
(c) Total amount of fees waived;
(d) Average amount of tuition and fees waived per recipient;
(e) Recipient demographic data that is disaggregated by distinct
ethnic categories within racial subgroups; and
(f) Recipient income level, to the extent possible.
Sec. 49 RCW 28B.15.725 and 1997 c 433 s 4 are each amended to
read as follows:
(1) The governing boards of the state universities((, the regional
universities,)) and The Evergreen State College may establish home
tuition programs by negotiating home tuition agreements with an out-of-state institution or consortium of institutions of higher education if
no loss of tuition and fee revenue occurs as a result of the
agreements.
(2) Home tuition agreements allow students at Washington state
institutions of higher education to attend an out-of-state institution
of higher education as part of a student exchange. Students
participating in a home tuition program shall pay an amount equal to
their regular, full-time tuition and required fees to either the
Washington institution of higher education or the out-of-state
institution of higher education depending upon the provisions of the
particular agreement. Payment of course fees in excess of generally
applicable tuition and required fees must be addressed in each home
tuition agreement to ensure that the instructional programs of the
Washington institution of higher education do not incur additional
uncompensated costs as a result of the exchange.
(3) Student participation in a home tuition agreement authorized by
this section is limited to one academic year.
(4) Students enrolled under a home tuition agreement shall reside
in Washington state for the duration of the program, may not use the
year of enrollment under this program to establish Washington state
residency, and are not eligible for state financial aid.
Sec. 50 RCW 28B.15.730 and 1993 sp.s. c 18 s 27 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the state board for
community and technical colleges and the governing boards of the state
universities, ((the regional universities,)) the community colleges,
and The Evergreen State College may waive all or a portion of the
nonresident tuition fees differential for residents of Oregon, upon
completion of and to the extent permitted by an agreement between the
higher education coordinating board and appropriate officials and
agencies in Oregon granting similar waivers for residents of the state
of Washington.
Sec. 51 RCW 28B.15.740 and 1997 c 207 s 1 are each amended to
read as follows:
(1) Subject to the limitations of RCW 28B.15.910, the governing
boards of the state universities, ((the regional universities,)) The
Evergreen State College, and the community colleges may waive all or a
portion of tuition and fees for needy students who are eligible for
resident tuition and fee rates pursuant to RCW 28B.15.012 and
28B.15.013. Subject to the limitations of RCW 28B.15.910, the
governing boards of the state universities, ((the regional
universities,)) The Evergreen State College, and the community colleges
may waive all or a portion of tuition and fees for other students at
the discretion of the governing boards, except on the basis of
participation in intercollegiate athletic programs, not to exceed
three-fourths of one percent of gross authorized operating fees revenue
under RCW 28B.15.910 for the community colleges considered as a whole
and not to exceed two percent of gross authorized operating fees
revenue for the other institutions of higher education.
(2) In addition to the tuition and fee waivers provided in
subsection (1) of this section and subject to the provisions of RCW
28B.15.455, 28B.15.460, and 28B.15.910, a total dollar amount of
tuition and fee waivers awarded by any state university((, regional
university,)) or state college under this chapter, not to exceed one
percent, as calculated in subsection (1) of this section, may be used
for the purpose of achieving or maintaining gender equity in
intercollegiate athletic programs. At any institution that has an
underrepresented gender class in intercollegiate athletics, any such
waivers shall be awarded:
(a) First, to members of the underrepresented gender class who
participate in intercollegiate athletics, where such waivers result in
saved or displaced money that can be used for athletic programs for the
underrepresented gender class. Such saved or displaced money shall be
used for programs for the underrepresented gender class; and
(b) Second, (i) to nonmembers of the underrepresented gender class
who participate in intercollegiate athletics, where such waivers result
in saved or displaced money that can be used for athletic programs for
members of the underrepresented gender class. Such saved or displaced
money shall be used for programs for the underrepresented gender class;
or (ii) to members of the underrepresented gender class who participate
in intercollegiate athletics, where such waivers do not result in any
saved or displaced money that can be used for athletic programs for
members of the underrepresented gender class.
Sec. 52 RCW 28B.15.750 and 1993 sp.s. c 18 s 29 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities((, the regional universities,)) and The
Evergreen State College and the state board for community and technical
colleges may waive all or a portion of the nonresident tuition fees
differential for residents of Idaho, upon completion of and to the
extent permitted by an agreement between the higher education
coordinating board and appropriate officials and agencies in Idaho
granting similar waivers for residents of the state of Washington.
Sec. 53 RCW 28B.15.756 and 1993 sp.s. c 18 s 30 are each amended
to read as follows:
Subject to the limitations of RCW 28B.15.910, the governing boards
of the state universities((, the regional universities,)) and The
Evergreen State College and the state board for community and technical
colleges may waive all or a portion of the nonresident tuition fees
differential for residents of the Canadian province of British
Columbia, upon completion of and to the extent permitted by an
agreement between the higher education coordinating board and
appropriate officials and agencies in the Canadian province of British
Columbia providing for enrollment opportunities for residents of the
state of Washington without payment of tuition or fees in excess of
those charged to residents of British Columbia.
Sec. 54 RCW 28B.15.794 and 1991 c 228 s 3 are each amended to
read as follows:
The governing board of each state university, ((regional
university,)) state college, and community college shall ensure that
the principles in ((section 1 of this act)) RCW 28B.15.792 are
implemented at its institution of higher education.
Sec. 55 RCW 28B.15.820 and 2009 c 215 s 9 are each amended to
read as follows:
(1) Each institution of higher education, including technical
colleges, shall deposit a minimum of three and one-half percent of
revenues collected from tuition and services and activities fees in an
institutional financial aid fund that is hereby created and which shall
be held locally. Moneys in the fund shall be used only for the
following purposes: (a) To make guaranteed long-term loans to eligible
students as provided in subsections (3) through (8) of this section;
(b) to make short-term loans as provided in subsection (9) of this
section; (c) to provide financial aid to needy students as provided in
subsection (10) of this section; or (d) to provide financial aid to
students as provided in subsection (11) of this section.
(2) An "eligible student" for the purposes of subsections (3)
through (8) and (10) of this section is a student registered for at
least three credit hours or the equivalent, who is eligible for
resident tuition and fee rates as defined in RCW 28B.15.012 and
28B.15.013, and who is a "needy student" as defined in RCW 28B.92.030.
(3) The amount of the guaranteed long-term loans made under this
section shall not exceed the demonstrated financial need of the
student. Each institution shall establish loan terms and conditions
which shall be consistent with the terms of the guaranteed loan program
established by 20 U.S. Code Section 1071 et seq., as now or hereafter
amended. All loans made shall be guaranteed by the Washington student
loan guaranty association or its successor agency. Institutions are
hereby granted full authority to operate as an eligible lender under
the guaranteed loan program.
(4) Before approving a guaranteed long-term loan, each institution
shall analyze the ability of the student to repay the loan based on
factors which include, but are not limited to, the student's
accumulated total education loan burdens and the employment
opportunities and average starting salary characteristics of the
student's chosen fields of study. The institution shall counsel the
student on the advisability of acquiring additional debt, and on the
availability of other forms of financial aid.
(5) Each institution is responsible for collection of guaranteed
long-term loans made under this section and shall exercise due
diligence in such collection, maintaining all necessary records to
insure that maximum repayments are made. Institutions shall cooperate
with other lenders and the Washington student loan guaranty
association, or its successor agency, in the coordinated collection of
guaranteed loans, and shall assure that the guarantability of the loans
is not violated. Collection and servicing of guaranteed long-term
loans under this section shall be performed by entities approved for
such servicing by the Washington student loan guaranty association or
its successor agency: PROVIDED, That institutions be permitted to
perform such servicing if specifically recognized to do so by the
Washington student loan guaranty association or its successor agency.
Collection and servicing of guaranteed long-term loans made by
community colleges under subsection (1) of this section shall be
coordinated by the state board for community and technical colleges and
shall be conducted under procedures adopted by the state board.
(6) Receipts from payment of interest or principal or any other
subsidies to which institutions as lenders are entitled, that are paid
by or on behalf of borrowers of funds under subsections (3) through (8)
of this section, shall be deposited in each institution's financial aid
fund and shall be used to cover the costs of making the guaranteed
long-term loans under this section and maintaining necessary records
and making collections under subsection (5) of this section: PROVIDED,
That such costs shall not exceed five percent of aggregate outstanding
loan principal. Institutions shall maintain accurate records of such
costs, and all receipts beyond those necessary to pay such costs, shall
be deposited in the institution's financial aid fund.
(7) The governing boards of the state universities((, the regional
universities,)) and The Evergreen State College, and the state board
for community and technical colleges, on behalf of the community
colleges and technical colleges, shall each adopt necessary rules and
regulations to implement this section.
(8) First priority for any guaranteed long-term loans made under
this section shall be directed toward students who would not normally
have access to educational loans from private financial institutions in
Washington state, and maximum use shall be made of secondary markets in
the support of loan consolidation.
(9) Short-term loans, not to exceed one year, may be made from the
institutional financial aid fund to students enrolled in the
institution. No such loan shall be made to any student who is known by
the institution to be in default or delinquent in the payment of any
outstanding student loan. A short-term loan may be made only if the
institution has ample evidence that the student has the capability of
repaying the loan within the time frame specified by the institution
for repayment.
(10) Any moneys deposited in the institutional financial aid fund
that are not used in making long-term or short-term loans may be used
by the institution for locally administered financial aid programs for
needy students, such as need-based institutional employment programs or
need-based tuition and fee scholarship or grant programs. These funds
shall be used in addition to and not to replace institutional funds
that would otherwise support these locally administered financial aid
programs. First priority in the use of these funds shall be given to
needy students who have accumulated excessive educational loan burdens.
An excessive educational loan burden is a burden that will be difficult
to repay given employment opportunities and average starting salaries
in the student's chosen fields of study. Second priority in the use of
these funds shall be given to needy single parents, to assist these
students with their educational expenses, including expenses associated
with child care and transportation.
(11) Any moneys deposited in the institutional financial aid fund
may be used by the institution for a locally administered financial aid
program for high school students enrolled in dual credit programs. If
institutions use funds in this manner, the governing boards of the
state universities, ((the regional universities,)) The Evergreen State
College, and the state board for community and technical colleges shall
each adopt necessary rules to implement this subsection. Moneys from
this fund may be used for all educational expenses related to a
student's participation in a dual credit program including but not
limited to tuition, fees, course materials, and transportation.
Sec. 56 RCW 28B.15.910 and 2008 c 188 s 3 are each amended to
read as follows:
(1) For the purpose of providing state general fund support to
public institutions of higher education, except for revenue waived
under programs listed in subsections (3) and (4) of this section, and
unless otherwise expressly provided in the omnibus state appropriations
act, the total amount of operating fees revenue waived, exempted, or
reduced by a state university, ((a regional university,)) The Evergreen
State College, or the community colleges as a whole, shall not exceed
the percentage of total gross authorized operating fees revenue in this
subsection. As used in this section, "gross authorized operating fees
revenue" means the estimated gross operating fees revenue as estimated
under RCW 82.33.020 or as revised by the office of financial
management, before granting any waivers. This limitation applies to
all tuition waiver programs established before or after July 1, 1992.
(a) University of Washington 21 percent
(b) Washington State University 20 percent
(c) Eastern Washington University 11 percent
(d) Central Washington University 10 percent
(e) Western Washington University 10 percent
(f) The Evergreen State College 10 percent
(g) Community colleges as a whole 35 percent
(2) The limitations in subsection (1) of this section apply to
waivers, exemptions, or reductions in operating fees contained in the
following:
(a) RCW 28B.15.014;
(b) RCW 28B.15.100;
(c) RCW 28B.15.225;
(d) RCW 28B.15.380;
(e) RCW 28B.15.520;
(f) RCW 28B.15.526;
(g) RCW 28B.15.527;
(h) RCW 28B.15.543;
(i) RCW 28B.15.545;
(j) RCW 28B.15.555;
(k) RCW 28B.15.556;
(l) RCW 28B.15.615;
(m) RCW 28B.15.621 (2) and (4);
(n) RCW 28B.15.730;
(o) RCW 28B.15.740;
(p) RCW 28B.15.750;
(q) RCW 28B.15.756;
(r) RCW 28B.50.259; and
(s) RCW 28B.70.050.
(3) The limitations in subsection (1) of this section do not apply
to waivers, exemptions, or reductions in services and activities fees
contained in the following:
(a) RCW 28B.15.522;
(b) RCW 28B.15.540;
(c) RCW 28B.15.558; and
(d) RCW 28B.15.621(3).
(4) The total amount of operating fees revenue waived, exempted, or
reduced by institutions of higher education participating in the
western interstate commission for higher education western
undergraduate exchange program under RCW 28B.15.544 shall not exceed
the percentage of total gross authorized operating fees revenue in this
subsection.
(a) Washington State University 1 percent
(b) Eastern Washington University 3 percent
(c) Central Washington University 3 percent
(5) The institutions of higher education will participate in
outreach activities to increase the number of veterans who receive
tuition waivers. Colleges and universities shall revise the
application for admissions so that all applicants shall have the
opportunity to advise the institution that they are veterans who need
assistance. If a person indicates on the application for admissions
that the person is a veteran who is in need of assistance, then the
institution of higher education shall ask the person whether they have
any funds disbursed in accordance with the Montgomery GI Bill available
to them. Each institution shall encourage veterans to utilize funds
available to them in accordance with the Montgomery GI Bill prior to
providing the veteran a tuition waiver.
Sec. 57 RCW 28B.15.915 and 2000 c 152 s 1 are each amended to
read as follows:
In addition to waivers granted under the authority of RCW
28B.15.910, the governing boards of the state universities, ((the
regional universities,)) The Evergreen State College, and the community
colleges, subject to state board policy, may waive all or a portion of
the operating fees for any student. There shall be no state general
fund support for waivers granted under this section.
By January 31st of each odd-numbered year, the institutions of
higher education shall prepare a report of the costs and benefits of
waivers granted under chapter 152, Laws of 2000 and shall transmit
copies of their report to the appropriate policy and fiscal committees
of the legislature.
Sec. 58 RCW 28B.65.010 and 1983 1st ex.s. c 72 s 2 are each
amended to read as follows:
The legislature finds that:
(1) A coordinated state policy is needed to stimulate the education
and training of individuals in high-technology fields, in order to
improve productivity, strengthen the state's competitive position, and
reindustrialize declining areas;
(2) The Washington high-technology education and training program
will give persons from all backgrounds opportunities to pursue training
and education programs leading to baccalaureate and graduate degrees
consistent with present and future needs of high-technology industries;
(3) Incentives to stimulate increased collaboration between
community colleges((, regional universities,)) and the state
universities and private-sector industrial, commercial, and labor
interests are essential to the development of a pool of skilled high-technology workers; and
(4) Investment in education is the most feasible method for state
assistance to the high-technology industry.
Sec. 59 RCW 28B.65.030 and 1983 1st ex.s. c 72 s 4 are each
amended to read as follows:
A Washington state high-technology education and training program
is hereby established. The program shall be designed to:
(1) Develop the competence needed to make Washington state a leader
in high-technology fields, to increase the productivity of state
industries, and to improve the state's competitiveness in regional,
national, and international trade;
(2) Develop degree programs to enable students to be productive in
new and emerging high-technology fields by using the resources of the
state's two-year community colleges, ((regional universities,)) the
University of Washington, Washington State University, and The
Evergreen State College; and
(3) Provide industries in the state with a highly-skilled workforce
capable of producing, operating, and servicing the advancing technology
needed to modernize the state's industries and to revitalize the
state's economy.
Sec. 60 RCW 28B.76.310 and 2011 1st sp.s. c 11 s 105 are each
amended to read as follows:
(1) The board, in consultation with the house of representatives
and senate committees responsible for higher education, the respective
fiscal committees of the house of representatives and senate, the
office of financial management, the state board for community and
technical colleges, and the state institutions of higher education,
shall develop standardized methods and protocols for measuring the
undergraduate and graduate educational costs for the state
universities((, regional universities,)) and community colleges,
including but not limited to the costs of instruction, costs to provide
degrees in specific fields, and costs for precollege remediation.
(2) The institutions of higher education shall participate in the
development of cost study methods and shall provide all necessary data
in a timely fashion consistent with the protocols developed.
Sec. 61 RCW 28B.110.020 and 1989 c 341 s 2 are each amended to
read as follows:
For purposes of this chapter, "institutions of higher education" or
"institutions" include the state universities, ((regional
universities,)) The Evergreen State College, and the community
colleges.
Sec. 62 RCW 39.10.420 and 2009 c 75 s 7 are each amended to read
as follows:
(1) The following public bodies are authorized to use the job order
contracting procedure:
(a) The department of ((general administration)) enterprise
services;
(b) The University of Washington;
(c) Washington State University;
(d) Every city with a population greater than seventy thousand and
any public authority chartered by such city under RCW 35.21.730 through
35.21.755;
(e) Every county with a population greater than four hundred fifty
thousand;
(f) Every port district with total revenues greater than fifteen
million dollars per year;
(g) Every public utility district with revenues from energy sales
greater than twenty-three million dollars per year;
(h) Every school district; and
(i) The state ferry system.
(2)(a) The department of ((general administration)) enterprise
services may issue job order contract work orders for Washington state
parks department projects.
(b) The department of ((general administration)) enterprise
services, the University of Washington, and Washington State University
may issue job order contract work orders for ((the state regional
universities)) Central Washington University, Eastern Washington
University, Western Washington University, and The Evergreen State
College.
(3) Public bodies may use a job order contract for public works
projects when a determination is made that the use of job order
contracts will benefit the public by providing an effective means of
reducing the total lead-time and cost for the construction of public
works projects for repair and renovation required at public facilities
through the use of unit price books and work orders by eliminating
time-consuming, costly aspects of the traditional public works process,
which require separate contracting actions for each small project.
Sec. 63 RCW 39.19.020 and 1996 c 69 s 4 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Advisory committee" means the advisory committee on minority
and women's business enterprises.
(2) "Broker" means a person that provides a bona fide service, such
as professional, technical, consultant, brokerage, or managerial
services and assistance in the procurement of essential personnel,
facilities, equipment, materials, or supplies required for performance
of a contract.
(3) "Director" means the director of the office of minority and
women's business enterprises.
(4) "Educational institutions" means the state universities, ((the
regional universities,)) The Evergreen State College, and the community
colleges.
(5) "Goals" means annual overall agency goals, expressed as a
percentage of dollar volume, for participation by minority and women-owned and controlled businesses and shall not be construed as a minimum
goal for any particular contract or for any particular geographical
area. It is the intent of this chapter that such overall agency goals
shall be achievable and shall be met on a contract-by-contract or
class-of-contract basis.
(6) "Goods and/or services" includes professional services and all
other goods and services.
(7) "Office" means the office of minority and women's business
enterprises.
(8) "Person" includes one or more individuals, partnerships,
associations, organizations, corporations, cooperatives, legal
representatives, trustees and receivers, or any group of persons.
(9) "Procurement" means the purchase, lease, or rental of any goods
or services.
(10) "Public works" means all work, construction, highway and ferry
construction, alteration, repair, or improvement other than ordinary
maintenance, which a state agency or educational institution is
authorized or required by law to undertake.
(11) "State agency" includes the state of Washington and all
agencies, departments, offices, divisions, boards, commissions, and
correctional and other types of institutions.
Sec. 64 RCW 39.35D.020 and 2011 1st sp.s. c 43 s 249 are each
amended to read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Department" means the department of enterprise services.
(2) "High-performance public buildings" means high-performance
public buildings designed, constructed, and certified to a standard as
identified in this chapter.
(3) "Institutions of higher education" means the state
universities, ((the regional universities,)) The Evergreen State
College, the community colleges, and the technical colleges.
(4) "LEED silver standard" means the United States green building
council leadership in energy and environmental design green building
rating standard, referred to as silver standard.
(5)(a) "Major facility project" means: (i) A construction project
larger than five thousand gross square feet of occupied or conditioned
space as defined in the Washington state energy code; or (ii) a
building renovation project when the cost is greater than fifty percent
of the assessed value and the project is larger than five thousand
gross square feet of occupied or conditioned space as defined in the
Washington state energy code.
(b) "Major facility project" does not include: (i) Projects for
which the department, public school district, or other applicable
agency and the design team determine the LEED silver standard or the
Washington sustainable school design protocol to be not practicable; or
(ii) transmitter buildings, pumping stations, hospitals, research
facilities primarily used for sponsored laboratory experimentation,
laboratory research, or laboratory training in research methods, or
other similar building types as determined by the department. When the
LEED silver standard is determined to be not practicable for a project,
then it must be determined if any LEED standard is practicable for the
project. If LEED standards or the Washington sustainable school design
protocol are not followed for the project, the public school district
or public agency shall report these reasons to the department.
(6) "Public agency" means every state office, officer, board,
commission, committee, bureau, department, and public higher education
institution.
(7) "Public school district" means a school district eligible to
receive state basic education moneys pursuant to RCW 28A.150.250 and
28A.150.260.
(8) "Washington sustainable school design protocol" means the
school design protocol and related information developed by the office
of the superintendent of public instruction, in conjunction with school
districts and the school facilities advisory board.
Sec. 65 RCW 39.90.060 and 1977 ex.s. c 169 s 93 are each amended
to read as follows:
All debts, contracts and obligations heretofore made or incurred by
or in favor of the state, state agencies, The Evergreen State College,
community colleges, and ((regional and)) state universities, and the
political subdivisions, municipal corporations and quasi municipal
corporations of this state, are hereby declared to be legal and valid
and of full force and effect from the date thereof, regardless of the
interest rate borne by any such debts, contracts and obligations.
Sec. 66 RCW 40.04.090 and 1995 c 24 s 4 are each amended to read
as follows:
The house and senate journals shall be distributed and sold by the
chief clerk of the house of representatives and the secretary of the
senate as follows:
(1) Subject to subsection (5) of this section, sets shall be
distributed as follows: One to each requesting official whose office
is created by the Constitution, and one to each requesting state
department director; two copies to the state library; ten copies to the
state law library; two copies to the University of Washington library;
one to the King county law library; one to the Washington State
University library; one ((to the library of each of the regional
universities and)) copy to the Central Washington University library;
one copy to the Eastern Washington University library; one copy to the
Western Washington University library; one copy to The Evergreen State
College; one each to the law library of any accredited law school in
this state; and one to each free public library in the state that
requests it.
(2) House and senate journals of the preceding regular session
during an odd- or even-numbered year, and of any intervening special
session, shall be provided for use of legislators and legislative staff
in such numbers as directed by the chief clerk of the house of
representatives and secretary of the senate.
(3) Surplus sets of the house and senate journals shall be sold and
delivered by the chief clerk of the house of representatives and the
secretary of the senate at a price set by them after consulting with
the state printer to determine reasonable costs associated with the
production of the journals, and the proceeds therefrom shall be paid to
the state treasurer for the general fund.
(4) The chief clerk of the house of representatives and the
secretary of the senate may exchange copies of the house and senate
journals for similar journals of other states, territories, and
governments, or for other legal materials, and make such other and
further distribution of them as in their judgment seems proper.
(5) Periodically the chief clerk of the house of representatives
and the secretary of the senate may canvas those entitled to receive
copies under this section, and may reduce or eliminate the number of
copies distributed to anyone who so concurs.
Sec. 67 RCW 40.06.040 and 2006 c 199 s 6 are each amended to read
as follows:
(1) To provide economical public access to state publications, the
center may enter into depository contracts with any free public
library, The Evergreen State College, ((regional university,)) or state
university library, or, if needed, the library of any privately
incorporated college or university in this state. The requirements for
eligibility to contract as a depository library shall be established by
the secretary of state upon recommendations of the state librarian.
The standards shall include and take into consideration the type of
library, available housing and space for the publications, the number
and qualifications of personnel, and availability for public use. The
center may also contract with public, out-of-state libraries for the
exchange of state and other publications on a reciprocal basis. Any
state publication to be distributed to the public and the legislature
shall be mailed at the lowest available postal rate.
(2) The office of the secretary of state through the state
librarian shall preserve and make accessible state agency electronic
publications deposited with the state library through an electronic
repository.
Sec. 68 RCW 41.40.108 and 1991 c 35 s 107 are each amended to
read as follows:
(1) All classified employees employed by Washington State
University on and after April 24, 1973, and otherwise eligible shall
become members of the Washington public employees' retirement system to
the exclusion of any other retirement benefit system at the institution
unless otherwise provided by law.
(2) All classified employees employed by the University of
Washington ((or each of the regional universities)), Central Washington
University, Eastern Washington University, Western Washington
University, or The Evergreen State College on and after May 6, 1974,
and otherwise eligible shall become members of the Washington public
employees' retirement system at the institution unless otherwise
provided by law: PROVIDED, That persons who, immediately prior to the
date of their hiring as classified employees, have for at least two
consecutive years held membership in a retirement plan underwritten by
the private insurer of the retirement plan of their respective
educational institution may irrevocably elect to continue their
membership in the retirement plan notwithstanding the provisions of
this chapter, if the election is made within thirty days from the date
of their hiring as classified employees. If these persons elect to
become members of the public employees' retirement system,
contributions by them and their employers shall be required from their
first day of employment.
Sec. 69 RCW 42.52.010 and 2011 c 60 s 28 are each reenacted and
amended to read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Agency" means any state board, commission, bureau, committee,
department, institution, division, or tribunal in the legislative,
executive, or judicial branch of state government. "Agency" includes
all elective offices, the state legislature, those institutions of
higher education created and supported by the state government, and
those courts that are parts of state government.
(2) "Assist" means to act, or offer or agree to act, in such a way
as to help, aid, advise, furnish information to, or otherwise provide
assistance to another person, believing that the action is of help,
aid, advice, or assistance to the person and with intent so to assist
such person.
(3) "Beneficial interest" has the meaning ascribed to it under the
Washington case law. However, an ownership interest in a mutual fund
or similar investment pooling fund in which the owner has no management
powers does not constitute a beneficial interest in the entities in
which the fund or pool invests.
(4) "Compensation" means anything of economic value, however
designated, that is paid, loaned, granted, or transferred, or to be
paid, loaned, granted, or transferred for, or in consideration of,
personal services to any person.
(5) "Confidential information" means (a) specific information,
rather than generalized knowledge, that is not available to the general
public on request or (b) information made confidential by law.
(6) "Contract" or "grant" means an agreement between two or more
persons that creates an obligation to do or not to do a particular
thing. "Contract" or "grant" includes, but is not limited to, an
employment contract, a lease, a license, a purchase agreement, or a
sales agreement.
(7) "Ethics boards" means the commission on judicial conduct, the
legislative ethics board, and the executive ethics board.
(8) "Family" has the same meaning as "immediate family" in RCW
42.17A.005.
(9) "Gift" means anything of economic value for which no
consideration is given. "Gift" does not include:
(a) Items from family members or friends where it is clear beyond
a reasonable doubt that the gift was not made as part of any design to
gain or maintain influence in the agency of which the recipient is an
officer or employee;
(b) Items related to the outside business of the recipient that are
customary and not related to the recipient's performance of official
duties;
(c) Items exchanged among officials and employees or a social event
hosted or sponsored by a state officer or state employee for coworkers;
(d) Payments by a governmental or nongovernmental entity of
reasonable expenses incurred in connection with a speech, presentation,
appearance, or trade mission made in an official capacity. As used in
this subsection, "reasonable expenses" are limited to travel, lodging,
and subsistence expenses incurred the day before through the day after
the event;
(e) Items a state officer or state employee is authorized by law to
accept;
(f) Payment of enrollment and course fees and reasonable travel
expenses attributable to attending seminars and educational programs
sponsored by a bona fide governmental or nonprofit professional,
educational, trade, or charitable association or institution. As used
in this subsection, "reasonable expenses" are limited to travel,
lodging, and subsistence expenses incurred the day before through the
day after the event;
(g) Items returned by the recipient to the donor within thirty days
of receipt or donated to a charitable organization within thirty days
of receipt;
(h) Campaign contributions reported under chapter 42.17A RCW;
(i) Discounts available to an individual as a member of an employee
group, occupation, or similar broad-based group; and
(j) Awards, prizes, scholarships, or other items provided in
recognition of academic or scientific achievement.
(10) "Head of agency" means the chief executive officer of an
agency. In the case of an agency headed by a commission, board,
committee, or other body consisting of more than one natural person,
agency head means the person or board authorized to appoint agency
employees and regulate their conduct.
(11) "Honorarium" means money or thing of value offered to a state
officer or state employee for a speech, appearance, article, or similar
item or activity in connection with the state officer's or state
employee's official role.
(12) "Official duty" means those duties within the specific scope
of employment of the state officer or state employee as defined by the
officer's or employee's agency or by statute or the state Constitution.
(13) "Participate" means to participate in state action or a
proceeding personally and substantially as a state officer or state
employee, through approval, disapproval, decision, recommendation, the
rendering of advice, investigation, or otherwise but does not include
preparation, consideration, or enactment of legislation or the
performance of legislative duties.
(14) "Person" means any individual, partnership, association,
corporation, firm, institution, or other entity, whether or not
operated for profit.
(15) "Regulatory agency" means any state board, commission,
department, or officer, except those in the legislative or judicial
branches, authorized by law to conduct adjudicative proceedings, issue
permits or licenses, or to control or affect interests of identified
persons.
(16) "Responsibility" in connection with a transaction involving
the state, means the direct administrative or operating authority,
whether intermediate or final, and either exercisable alone or through
subordinates, effectively to approve, disapprove, or otherwise direct
state action in respect of such transaction.
(17) "State action" means any action on the part of an agency,
including, but not limited to:
(a) A decision, determination, finding, ruling, or order; and
(b) A grant, payment, award, license, contract, transaction,
sanction, or approval, or the denial thereof, or failure to act with
respect to a decision, determination, finding, ruling, or order.
(18) "State employee" means an individual who is employed by an
agency in any branch of state government. For purposes of this
chapter, employees of the superior courts are not state officers or
state employees.
(19) "State officer" means every person holding a position of
public trust in or under an executive, legislative, or judicial office
of the state. "State officer" includes judges of the superior court,
judges of the court of appeals, justices of the supreme court, members
of the legislature together with the secretary of the senate and the
chief clerk of the house of representatives, holders of elective
offices in the executive branch of state government, chief executive
officers of state agencies, members of boards, commissions, or
committees with authority over one or more state agencies or
institutions, and employees of the state who are engaged in
supervisory, policy-making, or policy-enforcing work. For the purposes
of this chapter, "state officer" also includes any person exercising or
undertaking to exercise the powers or functions of a state officer.
(20) "Thing of economic value," in addition to its ordinary
meaning, includes:
(a) A loan, property interest, interest in a contract or other
chose in action, and employment or another arrangement involving a
right to compensation;
(b) An option, irrespective of the conditions to the exercise of
the option; and
(c) A promise or undertaking for the present or future delivery or
procurement.
(21)(a) "Transaction involving the state" means a proceeding,
application, submission, request for a ruling or other determination,
contract, claim, case, or other similar matter that the state officer,
state employee, or former state officer or state employee in question
believes, or has reason to believe:
(i) Is, or will be, the subject of state action; or
(ii) Is one to which the state is or will be a party; or
(iii) Is one in which the state has a direct and substantial
proprietary interest.
(b) "Transaction involving the state" does not include the
following: Preparation, consideration, or enactment of legislation,
including appropriation of moneys in a budget, or the performance of
legislative duties by an officer or employee; or a claim, case,
lawsuit, or similar matter if the officer or employee did not
participate in the underlying transaction involving the state that is
the basis for the claim, case, or lawsuit.
(22) "University" includes "state universities" ((and "regional
universities")) as defined in RCW 28B.10.016 and also includes any
research or technology institute affiliated with a university,
including without limitation, the Spokane Intercollegiate Research and
Technology Institute and the Washington Technology Center.
(23) "University research employee" means a state officer or state
employee employed by a university, but only to the extent the state
officer or state employee is engaged in research, technology transfer,
approved consulting activities related to research and technology
transfer, or other incidental activities.
Sec. 70 RCW 43.19.450 and 2011 1st sp.s. c 43 s 222 are each
amended to read as follows:
The director shall appoint a supervisor of engineering and
architecture.
A person is not eligible for appointment as supervisor of
engineering and architecture unless he or she is licensed to practice
the profession of engineering or the profession of architecture in the
state of Washington and for the last five years prior to his or her
appointment has been licensed to practice the profession of engineering
or the profession of architecture.
As used in this section, "state facilities" includes all state
buildings, related structures, and appurtenances constructed for any
elected state officials, institutions, departments, boards,
commissions, colleges, community colleges, except the state
universities((,)) and The Evergreen State College ((and regional
universities)). "State facilities" does not include facilities owned
by or used for operational purposes and constructed for the department
of transportation, department of fish and wildlife, department of
natural resources, or state parks and recreation commission.
The director or the director's designee shall:
(1) Prepare cost estimates and technical information to accompany
the capital budget and prepare or contract for plans and specifications
for new construction and major repairs and alterations to state
facilities.
(2) Contract for professional architectural, engineering, and
related services for the design of new state facilities and major
repair or alterations to existing state facilities.
(3) Provide contract administration for new construction and the
repair and alteration of existing state facilities.
(4) In accordance with the public works laws, contract on behalf of
the state for the new construction and major repair or alteration of
state facilities.
The director may delegate any and all of the functions under
subsections (1) through (4) of this section to any agency upon such
terms and conditions as considered advisable.
Sec. 71 RCW 43.41.040 and 1993 c 500 s 4 are each amended to read
as follows:
As used in this chapter, unless the context indicates otherwise:
(1) "Office" means the office of financial management.
(2) "Director" means the director of financial management.
(3) "Agency" means and includes every state agency, office,
officer, board, commission, department, state institution, or state
institution of higher education, which includes all state universities,
((regional universities,)) The Evergreen State College, and community
and technical colleges.
Sec. 72 RCW 43.88.195 and 1996 c 186 s 509 are each amended to
read as follows:
After August 11, 1969, no state agency, state institution, state
institution of higher education, which shall include all state
universities, ((regional universities,)) The Evergreen State College,
and community colleges, shall establish any new accounts or funds which
are to be located outside of the state treasury: PROVIDED, That the
office of financial management shall be authorized to grant permission
for the establishment of such an account or fund outside of the state
treasury only when the requesting agency presents compelling reasons of
economy and efficiency which could not be achieved by placing such
funds in the state treasury. When the director of financial management
authorizes the creation of such fund or account, the director shall
forthwith give written notice of the fact to the standing committees on
ways and means of the house and senate: PROVIDED FURTHER, That
agencies authorized to create local accounts will utilize the services
of the state treasurer's office to ensure that new or ongoing
relationships with financial institutions are in concert with statewide
policies and procedures pursuant to RCW 43.88.160(1).
Sec. 73 RCW 44.28.816 and 2011 1st sp.s. c 10 s 31 are each
amended to read as follows:
(1) During calendar year 2018, the joint committee shall complete
a systemic performance audit of the tuition-setting authority in RCW
28B.15.067 granted to the governing boards of the state universities((,
regional universities,)) and The Evergreen State College. The audit
must include a separate analysis of both the authority granted in RCW
28B.15.067(3) and the authority in RCW 28B.15.067(4). The purpose of
the audit is to evaluate the impact of institutional tuition-setting
authority on student access, affordability, and institutional quality.
(2) The audit must include an evaluation of the following outcomes
for each four-year institution of higher education:
(a) Changes in undergraduate enrollment, retention, and graduation
by race and ethnicity, gender, state and county of origin, age, and
socioeconomic status;
(b) The impact on student transferability, particularly from
Washington community and technical colleges;
(c) Changes in time and credits to degree;
(d) Changes in the number and availability of online programs and
undergraduate enrollments in the programs;
(e) Changes in enrollments in the running start and other dual
enrollment programs;
(f) Impacts on funding levels for state student financial aid
programs;
(g) Any changes in the percent of students who apply for student
financial aid using the free application for federal student aid
(FAFSA);
(h) Any changes in the percent of students who apply for available
tax credits;
(i) Information on the use of building fee revenue by fiscal or
academic year; and
(j) Undergraduate tuition and fee rates compared to undergraduate
tuition and fee rates at similar institutions in the global challenge
states.
(3) The audit must include recommendations on whether to continue
tuition-setting authority beyond the 2018-19 academic year.
(4) In conducting the audit, the auditor shall solicit input from
key higher education stakeholders, including but not limited to
students and their families, faculty, and staff. To the maximum extent
possible, data for the University of Washington and Washington State
University shall be disaggregated by branch campus.
(5) The auditor shall report findings and recommendations to the
appropriate committees of the legislature by December 15, 2018.
(6) This section expires December 31, 2018.
Sec. 74 RCW 46.04.127 and 1994 c 194 s 1 are each amended to read
as follows:
"Collegiate license plates" means license plates that display a
depiction of the name and mascot or symbol of a state university((,
regional university,)) or state college as defined in RCW 28B.10.016.
Sec. 75 RCW 46.18.225 and 2011 c 332 s 4 are each amended to read
as follows:
A state university((, regional university,)) or state college as
defined in RCW 28B.10.016 may apply to the department, in a form
approved by the department and request the department to issue a series
of collegiate license plates, for display on motor vehicles required to
display one or two license plates, excluding vehicles registered under
chapter 46.87 RCW, upon terms and conditions established by the
department, depicting the name and mascot or symbol of the college or
university, as submitted and approved for use by the requesting
institution.
Sec. 76 RCW 46.63.040 and 2002 c 237 s 20 are each amended to
read as follows:
(1) All violations of state law, local law, ordinance, regulation,
or resolution designated as traffic infractions in RCW 46.63.020 may be
heard and determined by a district court, except as otherwise provided
in this section.
(2) Any municipal court has the authority to hear and determine
traffic infractions pursuant to this chapter.
(3) Any city or town with a municipal court may contract with the
county to have traffic infractions committed within the city or town
adjudicated by a district court.
(4) District court commissioners have the authority to hear and
determine traffic infractions pursuant to this chapter.
(5) Any district or municipal court may refer juveniles age sixteen
or seventeen who are enrolled in school to a youth court, as defined in
RCW 3.72.005 or 13.40.020, for traffic infractions.
(6) The boards of regents and boards of trustees of the state
universities, and the boards of trustees of ((the regional universities
and of)) The Evergreen State College have the authority to hear and
determine traffic infractions under RCW 28B.10.560.
Sec. 77 RCW 48.23.010 and 2005 c 223 s 12 are each amended to
read as follows:
This chapter applies to contracts of life insurance and annuities
other than group life insurance, group annuities, and, except for RCW
48.23.260, 48.23.270, and 48.23.340, other than industrial life
insurance. However, Title 48 RCW does not apply to charitable gift
annuities issued by a board of a state university((, regional
university,)) or a state college, nor to the issuance thereof.
Sec. 78 RCW 82.08.025651 and 2011 c 23 s 4 are each amended to
read as follows:
(1)(a) The tax levied by RCW 82.08.020 does not apply to sales to
a public research institution of machinery and equipment used primarily
in a research and development operation, or to sales of or charges made
for labor and services rendered in respect to installing, repairing,
cleaning, altering, or improving the machinery and equipment.
(b) Sellers making tax-exempt sales under this section must obtain
from the purchaser an exemption certificate in a form and manner
prescribed by the department. The seller must retain a copy of the
certificate for the seller's files.
(2) A public research institution claiming the exemption provided
in this section must file a complete annual survey with the department
under RCW 82.32.585.
(3) For purposes of this section, the following definitions apply:
(a) "Machinery and equipment" means those fixtures, pieces of
equipment, digital goods, and support facilities that are an integral
and necessary part of a research and development operation, and
tangible personal property that becomes an ingredient or component of
such fixtures, equipment, and support facilities, including repair
parts and replacement parts. "Machinery and equipment" may include,
but is not limited to: Computers; software; data processing equipment;
laboratory equipment, instrumentation, and other devices used in a
process of experimentation to develop a new or improved pilot model,
plant process, product, formula, or invention; vats, tanks, and
fermenters; operating structures; and all equipment used to control,
monitor, or operate the machinery and equipment.
(b) "Machinery and equipment" does not include:
(i) Hand-powered tools;
(ii) Property with a useful life of less than one year;
(iii) Buildings; and
(iv) Those building fixtures that are not an integral and necessary
part of a research and development operation and that are permanently
affixed to and become a physical part of a building, such as utility
systems for heating, ventilation, air conditioning, communications,
plumbing, or electrical.
(c) "Primarily" means greater than fifty percent as measured by
time. If machinery and equipment is used simultaneously in a research
and development operation and also for other purposes, the use for
other purposes must be disregarded during the period of simultaneous
use for purposes of determining whether the machinery and equipment is
used primarily in a research and development operation.
(d) "Public research institution" means any college or university
included within the definitions of state universities((, regional
universities,)) or state college in RCW 28B.10.016.
(e) "Research and development operation" means engaging in research
and development as defined in RCW 82.63.010.
Sec. 79 RCW 82.12.0264 and 1980 c 37 s 63 are each amended to
read as follows:
The provisions of this chapter shall not apply in respect to the
use of motor vehicles, equipped with dual controls, which are loaned to
and used exclusively by a school in connection with its driver training
program: PROVIDED, That this exemption and the term "school" shall
apply only to (1) the University of Washington, Washington State
University, ((the regional universities)) Central Washington
University, Eastern Washington University, Western Washington
University, The Evergreen State College, and the state community
colleges or (2) any public, private or parochial school accredited by
either the state board of education or by the University of Washington
(the state accrediting station) or (3) any public vocational school
meeting the standards, courses and requirements established and
prescribed or approved in accordance with the Community College Act of
1967 (chapter 8, Laws of 1967 first extraordinary session).
Sec. 80 RCW 28B.10.417 and 2011 1st sp.s. c 47 s 6 are each
amended to read as follows:
(1) This section applies only to those persons who are first
employed by a higher education institution in a position eligible for
participation in an annuity or retirement program under RCW 28B.10.400
prior to July 1, 2011.
(2) A faculty member or other employee exempt from civil service
pursuant to RCW 41.06.070 (1)(((cc))) (z) and (2) designated by the
board of trustees of ((the applicable regional)) Central Washington
University, Eastern Washington University, Western Washington
University, or of The Evergreen State College as being subject to an
annuity or retirement income plan and who, at the time of such
designation, is a member of the Washington state teachers' retirement
system, shall retain credit for such service in the Washington state
teachers' retirement system and, except as provided in subsection (3)
of this section, shall leave his or her accumulated contributions in
the teachers' retirement fund. Upon his or her attaining eligibility
for retirement under the Washington state teachers' retirement system,
such faculty member or other employee shall receive from the Washington
state teachers' retirement system a retirement allowance consisting of
an annuity which shall be the actuarial equivalent of his or her
accumulated contributions at his or her age when becoming eligible for
such retirement and a pension for each year of creditable service
established and retained at the time of said designation as provided in
RCW 41.32.497. Anyone who on July 1, 1967, was receiving pension
payments from the teachers' retirement system based on thirty-five
years of creditable service shall thereafter receive a pension based on
the total years of creditable service established with the retirement
system: PROVIDED, HOWEVER, That any such faculty member or other
employee exempt from civil service pursuant to RCW 41.06.070
(1)(((cc))) (z) and (2) who, upon attainment of eligibility for
retirement under the Washington state teachers' retirement system, is
still engaged in public educational employment, shall not be eligible
to receive benefits under the Washington state teachers' retirement
system until he or she ceases such public educational employment. Any
retired faculty member or other employee who enters service in any
public educational institution shall cease to receive pension payments
while engaged in such service: PROVIDED FURTHER, That such service may
be rendered up to seventy-five days in a school year without reduction
of pension.
(3) A faculty member or other exempt employee designated by the
board of trustees of ((the applicable regional)) Central Washington
University, Eastern Washington University, or Western Washington
University, or of The Evergreen State College as being subject to the
annuity and retirement income plan and who, at the time of such
designation, is a member of the Washington state teachers' retirement
system may, at his or her election and at any time, on and after
midnight June 10, 1959, terminate his or her membership in the
Washington state teachers' retirement system and withdraw his or her
accumulated contributions and interest in the teachers' retirement fund
upon written application to the board of trustees of the Washington
state teachers' retirement system. Faculty members or other employees
who withdraw their accumulated contributions, on and after the date of
withdrawal of contributions, shall no longer be members of the
Washington state teachers' retirement system and shall forfeit all
rights of membership, including pension benefits, theretofore acquired
under the Washington state teachers' retirement system.
Sec. 81 RCW 28B.10.605 and 1977 ex.s. c 169 s 28 are each amended
to read as follows:
The financing and the method of organization and administration of
such a training program operated by agreement between a state
university board of regents or ((a regional university)) board of
trustees or The Evergreen State College board of trustees, and the
board of directors of any school district, shall be determined by
agreement between them.
Sec. 82 RCW 28B.15.069 and 2005 c 258 s 10 are each amended to
read as follows:
(1) The building fee for each academic year shall be a percentage
of total tuition fees. This percentage shall be calculated by the
higher education coordinating board and be based on the actual
percentage the building fee is of total tuition for each tuition
category in the 1994-95 academic year, rounded up to the nearest half
percent.
(2) The governing boards of each institution of higher education,
except for the technical colleges, shall charge to and collect from
each student a services and activities fee. A governing board may
increase the existing fee annually, consistent with budgeting
procedures set forth in RCW 28B.15.045, by a percentage not to exceed
the annual percentage increase in student tuition fees for resident
undergraduate students: PROVIDED, That such percentage increase shall
not apply to that portion of the services and activities fee previously
committed to the repayment of bonded debt. These rate adjustments may
exceed the fiscal growth factor. For the 2003-04 academic year, the
services and activities fee shall be based upon the resident
undergraduate services and activities fee in 2002-03. The services and
activities fee committee provided for in RCW 28B.15.045 may initiate a
request to the governing board for a fee increase.
(3) Tuition and services and activities fees consistent with
subsection (2) of this section shall be set by the state board for
community and technical colleges for community college summer school
students unless the community college charges fees in accordance with
RCW 28B.15.515.
(4) Subject to the limitations of RCW 28B.15.910, each governing
board of a community college may charge such fees for ungraded courses,
noncredit courses, community services courses, and self-supporting
courses as it, in its discretion, may determine, consistent with the
rules of the state board for community and technical colleges.
(5) The governing board of a college offering an applied
baccalaureate degree program under RCW 28B.50.810 may charge tuition
fees for those courses above the associate degree level at rates
consistent with rules adopted by the state board for community and
technical colleges, not to exceed tuition fee rates at ((the regional
universities)) Central Washington University, Eastern Washington
University, or Western Washington university.
Sec. 83 RCW 28B.35.050 and 1977 ex.s. c 169 s 2 are each amended
to read as follows:
The primary purposes of ((the regional universities)) Central
Washington University, Eastern Washington University, and Western
Washington University shall be to offer undergraduate and graduate
education programs through the master's degree, including programs of
a practical and applied nature, directed to the educational and
professional needs of the residents of the regions they serve; to act
as receiving institutions for transferring community college students;
and to provide extended occupational and complementary studies programs
that continue or are otherwise integrated with the educational services
of the region's community colleges.
No college shall be eligible for designation as a ((regional))
state university until it has been in operation for at least twenty
years and has been authorized to offer master's degree programs in more
than three fields.
Sec. 84 RCW 28B.35.100 and 2006 c 78 s 3 are each amended to read
as follows:
(1) The governance of ((each of the regional universities)) Central
Washington University, Eastern Washington University, and Western
Washington University shall be vested in a board of trustees consisting
of eight members, one of whom shall be a student. The governor shall
select the student member from a list of candidates, of at least three
and not more than five, submitted by the governing body of the
associated students. They shall be appointed by the governor with the
consent of the senate and, except for the student member, shall hold
their offices for a term of six years from the first day of October and
until their successors are appointed and qualified. The student member
shall hold his or her office for a term of one year from the first day
of July and until the first day of July of the following year or until
his or her successor is appointed and qualified, whichever is later.
The student member shall be a full-time student in good standing at the
respective university at the time of appointment.
(2) Five members of the board constitute a quorum for the
transaction of business. In case of a vacancy, or when an appointment
is made after the date of expiration of the term, the governor shall
fill the vacancy for the remainder of the term of the trustee whose
office has become vacant or expired.
(3) Except for the term of the student member, no more than the
terms of two members will expire simultaneously on the last day of
September in any one year.
(4) A student appointed under this section shall excuse himself or
herself from participation or voting on matters relating to the hiring,
discipline, or tenure of faculty members and personnel.
Sec. 85 RCW 28B.35.105 and 2011 c 336 s 726 are each amended to
read as follows:
Each board of ((regional university)) trustees at Central
Washington University, Eastern Washington University, and Western
Washington University shall elect one of its members chair, and it
shall elect a secretary, who may or may not be a member of the board.
Each board shall have power to adopt bylaws for its government and for
the government of the school, which bylaws shall not be inconsistent
with law, and to prescribe the duties of its officers, committees, and
employees. A majority of the board shall constitute a quorum for the
transaction of all business.
Sec. 86 RCW 28B.35.110 and 2011 c 336 s 727 are each amended to
read as follows:
Each board of ((regional university)) trustees at Central
Washington University, Eastern Washington University, and Western
Washington University shall hold at least two regular meetings each
year, at such times as may be provided by the board. Special meetings
shall be held as may be deemed necessary, whenever called by the chair
or by a majority of the board. Public notice of all meetings shall be
given in accordance with chapter 42.32 RCW.
Sec. 87 RCW 28B.35.120 and 2011 c 336 s 728 are each amended to
read as follows:
In addition to any other powers and duties prescribed by law, each
board of trustees of ((the respective regional universities)) Central
Washington University, Eastern Washington University, and Western
Washington University:
(1) Shall have full control of ((the regional)) its respective
university and its property of various kinds, except as otherwise
provided by law((.));
(2) Shall employ the president of ((the regional)) its respective
university, his or her assistants, members of the faculty, and other
employees of the institution, who, except as otherwise provided by law,
shall hold their positions, until discharged therefrom by the board for
good and lawful reason((.));
(3) With the assistance of the faculty of ((the regional)) its
respective university, shall prescribe the course of study in the
various schools and departments thereof and publish such catalogues
thereof as the board deems necessary: PROVIDED, That the Washington
professional educator standards board shall determine the requisites
for and give program approval of all courses leading to teacher
certification by such board((.));
(4) Establish such divisions, schools, or departments necessary to
carry out the purposes of ((the regional)) its respective university
and not otherwise proscribed by law((.));
(5) Except as otherwise provided by law, may establish and erect
such new facilities as determined by the board to be necessary for
((the regional)) its respective university((.));
(6) May acquire real and other property as provided in RCW
28B.10.020, as now or hereafter amended((.));
(7) Except as otherwise provided by law, may purchase all supplies
and purchase or lease equipment and other personal property needed for
the operation or maintenance of ((the regional)) its respective
university((.));
(8) May establish, lease, operate, equip, and maintain self-supporting facilities in the manner provided in RCW 28B.10.300 through
28B.10.330, as now or hereafter amended((.));
(9) Except as otherwise provided by law, to enter into such
contracts as the trustees deem essential to ((regional)) its respective
university purposes((.));
(10) May receive such gifts, grants, conveyances, devises, and
bequests of real or personal property from whatsoever source, as may be
made from time to time, in trust or otherwise, whenever the terms and
conditions thereof will aid in carrying out ((the regional)) its
respective university programs; sell, lease, or exchange, invest or
expend the same or the proceeds, rents, profits, and income thereof
except as limited by the terms and conditions thereof; and adopt
((regulations)) rules to govern the receipt and expenditure of the
proceeds, rents, profits, and income thereof((.));
(11) Subject to the approval of the higher education coordinating
board pursuant to RCW 28B.76.230, offer new degree programs, offer off-campus programs, participate in consortia or centers, contract for off-campus educational programs, and purchase or lease major off-campus
facilities((.)); and
(12) May promulgate such rules ((and regulations)), and perform all
other acts not forbidden by law, as the board of trustees may in its
discretion deem necessary or appropriate to the administration of ((the
regional)) its respective university.
Sec. 88 RCW 28B.35.190 and 1992 c 117 s 1 are each amended to
read as follows:
Subject to the provisions of RCW 35.21.779, each board of trustees
of ((the regional universities)) Central Washington University, Eastern
Washington University, and Western Washington University may:
(1) Contract for such fire protection services as may be necessary
for the protection and safety of the students, staff and property of
((the regional)) its respective university;
(2) By agreement pursuant to the provisions of chapter 239, Laws of
1967 (chapter 39.34 RCW), as now or hereafter amended, join together
with other agencies or political subdivisions of the state or federal
government and otherwise share in the accomplishment of any of the
purposes of subsection (1) of this section:
PROVIDED, HOWEVER, That neither the failure of the trustees to
exercise any of its powers under this section nor anything herein shall
detract from the lawful and existing powers and duties of political
subdivisions of the state to provide the necessary fire protection
equipment and services to persons and property within their
jurisdiction.
Sec. 89 RCW 28B.35.230 and 2011 c 336 s 729 are each amended to
read as follows:
Every diploma issued by ((a regional)) Central Washington
University, Eastern Washington University, or Western Washington
University shall be signed by the chair of the board of trustees and by
the president of the ((regional)) university issuing the same, and
sealed with the appropriate seal. In addition to the foregoing,
teaching certificates shall be countersigned by the state
superintendent of public instruction. Every certificate shall
specifically state what course of study the holder has completed and
for what length of time such certificate is valid in the schools of the
state.
Sec. 90 RCW 28B.35.300 and 1977 ex.s. c 169 s 54 are each amended
to read as follows:
A model school or schools or training departments may be provided
for ((each regional)) Central Washington University, Eastern Washington
University, and Western Washington University, in which students,
before graduation, may have actual practice in teaching or courses
relative thereto under the supervision and observation of critic
teachers. All schools or departments involved herewith shall organize
and direct their work being cognizant of public school needs.
Sec. 91 RCW 28B.35.305 and 1977 ex.s. c 169 s 55 are each amended
to read as follows:
The board of trustees of ((any regional)) Central Washington
University, Eastern Washington University, or Western Washington
University having a model school or training department as authorized
by RCW 28B.35.300, shall, on or before the first Monday of September of
each year, file with the board of the school district or districts in
which such ((regional)) university is situated, a certified statement
showing an estimate of the number of public school pupils who will be
required to make up such model school and specifying the number
required for each grade for which training for students is required.
Sec. 92 RCW 28B.35.310 and 2011 c 336 s 730 are each amended to
read as follows:
It shall thereupon be the duty of the board of the school district
or districts with which such statement has been filed, to apportion for
attendance to the said model school or training department, a
sufficient number of pupils from the public schools under the
supervision of said board as will furnish to such ((regional))
university the number of pupils required in order to maintain such
facility: PROVIDED, That the president of said ((regional)) university
may refuse to accept any such pupil as in his or her judgment would
tend to reduce the efficiency of said model school or training
department.
Sec. 93 RCW 28B.35.315 and 1977 ex.s. c 169 s 57 are each amended
to read as follows:
Annually, on or before the date for reporting the school attendance
of the school district in which said model school or training
department is situated, for the purpose of taxation for the support of
the common schools, the board of trustees of each such ((regional))
university having supervision over the same shall file with the board
of the school district or districts, in which such model school or
training department is situated, a report showing the number of common
school pupils at each such model school or training department during
the school year last passed, and the period of their attendance in the
same form that reports of public schools are made. Any superintendent
of the school district so affected shall, in reporting the attendance
in said school district, segregate the attendance at said model school
or training department, from the attendance in the other schools of
said district: PROVIDED, That attendance shall be credited, if credit
be given therefor, to the school district in which the pupil resides.
Sec. 94 RCW 28B.35.350 and 1977 ex.s. c 169 s 58 are each amended
to read as follows:
Any student may be suspended or expelled from ((any regional))
Central Washington University, Eastern Washington University, and
Western Washington University who is found to be guilty of an
infraction of the regulations of the institution.
Sec. 95 RCW 28B.35.370 and 2011 1st sp.s. c 48 s 7024 are each
amended to read as follows:
Within thirty-five days from the date of collection thereof all
building fees of ((each regional)) Central Washington University,
Eastern Washington University, Western Washington University, and The
Evergreen State College shall be paid into the state treasury and these
together with such normal school fund revenues as provided in RCW
28B.35.751 as are received by the state treasury shall be credited as
follows:
(1) On or before June 30th of each year the board of trustees of
((each regional)) Central Washington University, Eastern Washington
University, Western Washington University, and The Evergreen State
College, if issuing bonds payable out of its building fees and above
described normal school fund revenues, shall certify to the state
treasurer the amounts required in the ensuing twelve months to pay and
secure the payment of the principal of and interest on such bonds. The
amounts so certified by ((each regional)) Central Washington
University, Eastern Washington University, Western Washington
University, and The Evergreen State College shall be a prior lien and
charge against all building fees and above described normal school fund
revenues of such institution. The state treasurer shall thereupon
deposit the amounts so certified in the Eastern Washington University
capital projects account, the Central Washington University capital
projects account, the Western Washington University capital projects
account, or The Evergreen State College capital projects account
respectively, which accounts are hereby created in the state treasury.
The amounts deposited in the respective capital projects accounts shall
be used to pay and secure the payment of the principal of and interest
on the building bonds issued by ((such regional universities)) Central
Washington University, Eastern Washington University, Western
Washington University, and The Evergreen State College as authorized by
law. If in any twelve-month period it shall appear that the amount
certified by any such board of trustees is insufficient to pay and
secure the payment of the principal of and interest on the outstanding
building and above described normal school fund revenue bonds of its
institution, the state treasurer shall notify the board of trustees and
such board shall adjust its certificate so that all requirements of
moneys to pay and secure the payment of the principal of and interest
on all such bonds then outstanding shall be fully met at all times.
(2) All normal school fund revenue pursuant to RCW 28B.35.751 shall
be deposited in the Eastern Washington University capital projects
account, the Central Washington University capital projects account,
the Western Washington University capital projects account, or The
Evergreen State College capital projects account respectively, which
accounts are hereby created in the state treasury. The sums deposited
in the respective capital projects accounts shall be appropriated and
expended to pay and secure the payment of the principal of and interest
on bonds payable out of the building fees and normal school revenue and
for the construction, reconstruction, erection, equipping, maintenance,
demolition and major alteration of buildings and other capital assets,
and the acquisition of sites, rights-of-way, easements, improvements or
appurtenances in relation thereto except for any sums transferred
therefrom as authorized by law. During the 2011-2013 biennium, sums in
the respective capital accounts shall also be used for routine facility
maintenance and utility costs.
(3) Funds available in the respective capital projects accounts may
also be used for certificates of participation under chapter 39.94 RCW.
Sec. 96 RCW 28B.35.390 and 1977 ex.s. c 169 s 61 are each amended
to read as follows:
The president of ((each regional)) Central Washington University,
Eastern Washington University, and Western Washington University shall
have general supervision of the university and see that all laws and
rules of the board of trustees are observed.
Sec. 97 RCW 28B.35.400 and 1977 ex.s. c 169 s 62 are each amended
to read as follows:
It shall be the duty of the presidents of ((the several regional
universities)) Central Washington University, Eastern Washington
University, and Western Washington University to meet at least once
annually to consult with each other relative to the management of the
((regional)) universities.
Sec. 98 RCW 28B.35.700 and 1985 c 390 s 48 are each amended to
read as follows:
The boards of trustees of ((the regional universities)) Central
Washington University, Eastern Washington University, Western
Washington University, and of The Evergreen State College are empowered
in accordance with the provisions of RCW 28B.35.700 through 28B.35.790,
to provide for the construction, completion, reconstruction,
remodeling, rehabilitation and improvement of buildings and facilities
authorized by the legislature for the use of the aforementioned
universities and The Evergreen State College and to finance the payment
thereof by bonds payable out of special funds from revenues hereafter
derived from the payment of building fees, gifts, bequests or grants
and such additional funds as the legislature may provide.
Sec. 99 RCW 28B.35.710 and 1985 c 390 s 49 are each amended to
read as follows:
The following terms, whenever used or referred to in RCW 28B.35.700
through 28B.35.790, shall have the following meaning, excepting in
those instances where the context clearly indicates otherwise:
(1) The word "boards" means the boards of trustees of ((the
regional universities)) Central Washington University, Eastern
Washington University, Western Washington University, and The Evergreen
State College.
(2) The words "building fees" mean the building fees charged
students registering at each college, but shall not mean the special
tuition or other fees charged such students or fees, charges, rentals,
and other income derived from any or all revenue-producing lands,
buildings, and facilities of the respective colleges, heretofore or
hereafter acquired, constructed or installed, including but not limited
to income from rooms, dormitories, dining rooms, hospitals,
infirmaries, housing or student activity buildings, vehicular parking
facilities, land or the appurtenances thereon.
(3) The words "bond retirement funds" shall mean the special funds
created by law and known as the Eastern Washington University bond
retirement fund, Central Washington University bond retirement fund,
Western Washington University bond retirement fund, and The Evergreen
State College bond retirement fund, all as referred to in RCW
28B.35.370.
(4) The word "bonds" means the bonds payable out of the bond
retirement funds.
(5) The word "projects" means the construction, completion,
reconstruction, remodeling, rehabilitation, or improvement of any
building or other facility of any of the aforementioned colleges
authorized by the legislature at any time and to be financed by the
issuance and sale of bonds.
Sec. 100 RCW 28B.35.790 and 1977 ex.s. c 169 s 91 are each
amended to read as follows:
RCW 28B.35.700 through 28B.35.790 as now or hereafter amended is
concurrent with other legislation with reference to providing funds for
the construction of buildings at ((the regional universities)) Central
Washington University, Eastern Washington University, Western
Washington University, or The Evergreen State College and is not to be
construed as repealing or limiting any existing provision of law with
reference thereto.
Sec. 101 RCW 28B.45.014 and 2011 c 208 s 1 are each amended to
read as follows:
(1) The primary mission of the higher education branch campuses
created under this chapter remains to expand access to baccalaureate
and graduate education in underserved urban areas of the state in
collaboration with community and technical colleges. The top priority
for each of the campuses is to expand courses and degree programs for
transfer and graduate students. New degree programs should be driven
by the educational needs and demands of students and the community, as
well as the economic development needs of local businesses and
employers.
(2) Branch campuses shall collaborate with the community and
technical colleges in their region to develop articulation agreements,
dual admissions policies, and other partnerships to ensure that branch
campuses serve as innovative models of a two plus two educational
system. Other possibilities for collaboration include but are not
limited to joint development of curricula and degree programs,
colocation of instruction, and arrangements to share faculty.
(3) In communities where a private postsecondary institution is
located, representatives of the private institution may be invited to
participate in the conversation about meeting the baccalaureate and
graduate needs in underserved urban areas of the state.
(4) However, the legislature recognizes there are alternative
models for achieving this primary mission. Some campuses may have
additional missions in response to regional needs and demands. At
selected branch campuses, an innovative combination of instruction and
research targeted to support regional economic development may be
appropriate to meet the region's needs for both access and economic
viability. Other campuses should focus on becoming models of a two
plus two educational system through continuous improvement of
partnerships and agreements with community and technical colleges.
Still other campuses may be best suited to transition to a four-year
university or be removed from designation as a branch campus entirely.
(5) The legislature recognizes that size, mix of degree programs,
and proportion of lower versus upper division and graduate enrollments
are factors that affect costs at branch campuses. However over time,
the legislature intends that branch campuses be funded more similarly
to ((regional)) comprehensive universities.
(6) Subject to approval by the higher education coordinating board,
in accordance with RCW 28B.76.230, research universities are authorized
to develop doctoral degree programs at their branch campuses.
(7) The higher education coordinating board shall monitor and
evaluate growth of the branch campuses and periodically report and make
recommendations to the higher education committees of the legislature
to ensure the campuses continue to follow the priorities established
under this chapter.
Sec. 102 RCW 28B.50.820 and 2005 c 258 s 12 are each amended to
read as follows:
(1) One strategy to accomplish expansion of baccalaureate capacity
in underserved regions of the state is to allocate state funds for
student enrollment to a community and technical college and authorize
the college to enter into agreements with a ((regional)) state
university or state college as defined in RCW 28B.10.016 or a branch
campus under chapter 28B.45 RCW, to offer baccalaureate degree
programs.
(2) Subject to legislative appropriation for the purpose described
in this section, the college board shall select and allocate funds to
three community or technical colleges for the purpose of entering into
an agreement with one or more ((regional)) state universities, branch
campuses, or the state college to offer baccalaureate degree programs
on the college campus.
(3) The college board shall select the community or technical
college based on analysis of gaps in service delivery, capacity, and
student and employer demand for programs. Before taking effect, the
agreement under this section must be approved by the higher education
coordinating board.
(4) Students enrolled in programs under this section are considered
students of the ((regional)) state university, branch campus, or state
college for all purposes including tuition and reporting of state-funded enrollments.
Sec. 103 RCW 28B.65.030 and 1983 1st ex.s. c 72 s 4 are each
amended to read as follows:
A Washington state high-technology education and training program
is hereby established. The program shall be designed to:
(1) Develop the competence needed to make Washington state a leader
in high-technology fields, to increase the productivity of state
industries, and to improve the state's competitiveness in regional,
national, and international trade;
(2) Develop degree programs to enable students to be productive in
new and emerging high-technology fields by using the resources of the
state's two-year community colleges, ((regional universities)) Central
Washington University, Eastern Washington University, Western
Washington University, the University of Washington, Washington State
University, and The Evergreen State College; and
(3) Provide industries in the state with a highly-skilled workforce
capable of producing, operating, and servicing the advancing technology
needed to modernize the state's industries and to revitalize the
state's economy.
Sec. 104 RCW 28B.65.080 and 1983 1st ex.s. c 72 s 9 are each
amended to read as follows:
(1) The high-technology coordinating board shall make
recommendations regarding:
(a) The establishment of regional consortiums for the establishment
and development of high-technology education and training;
(b) The establishment of baccalaureate degree training programs in
high-technology fields; and
(c) The offering of high-technology education and training programs
at both community college facilities and at state colleges and
((regional)) universities.
(2) If the program is approved, the first two years of the
baccalaureate degree program offered by the respective state colleges
and ((regional)) universities at community college facilities shall be
administered and operated by the respective community colleges. The
third and fourth years of the baccalaureate degree program offered at
the community college facilities shall be administered and operated by
the respective state colleges and ((regional)) universities. Each
community college participating in the program shall offer two-year
associate degrees in high-technology fields which shall be
transferrable to and accepted by the state colleges and ((regional))
universities.
(3) The high-technology coordinating board shall oversee and
coordinate the operation of the consortiums.
(4) Any such consortiums shall be implemented upon approval by the
high-technology coordinating board: PROVIDED, That if the fiscal
impact of any program recommendations exceeds existing resources plus
the two hundred fifty thousand dollars appropriated in section 15,
chapter 72, Laws of 1983 1st ex. sess., such programs shall require
legislative approval.
Sec. 105 RCW 39.35C.050 and 1996 c 186 s 409 are each amended to
read as follows:
In addition to any other authorities conferred by law:
(1) The department, with the consent of the state agency or school
district responsible for a facility, a state ((or regional)) university
acting independently, and any other state agency acting through the
department of ((general administration)) enterprise services or as
otherwise authorized by law, may:
(a) Develop and finance conservation at public facilities in
accordance with express provisions of this chapter;
(b) Contract for energy services, including performance-based
contracts;
(c) Contract to sell energy savings from a conservation project at
public facilities to local utilities or the Bonneville power
administration.
(2) A state ((or regional)) university acting independently, and
any other state agency acting through the department of ((general
administration)) enterprise services or as otherwise authorized by law,
may undertake procurements for third-party development of conservation
at its facilities.
(3) A school district may:
(a) Develop and finance conservation at school district facilities;
(b) Contract for energy services, including performance-based
contracts at school district facilities; and
(c) Contract to sell energy savings from energy conservation
projects at school district facilities to local utilities or the
Bonneville power administration directly or to local utilities or the
Bonneville power administration through third parties.
(4) In exercising the authority granted by subsections (1), (2),
and (3) of this section, a school district or state agency must comply
with the provisions of RCW 39.35C.040.
Sec. 106 RCW 39.35C.090 and 1996 c 186 s 413 are each amended to
read as follows:
In addition to any other authorities conferred by law:
(1) The department, with the consent of the state agency
responsible for a facility, a state ((or regional)) university acting
independently, and any other state agency acting through the department
of ((general administration)) enterprise services or as otherwise
authorized by law, may:
(a) Contract to sell electric energy generated at state facilities
to a utility; and
(b) Contract to sell thermal energy produced at state facilities to
a utility.
(2) A state ((or regional)) university acting independently, and
any other state agency acting through the department of ((general
administration)) enterprise services or as otherwise authorized by law,
may:
(a) Acquire, install, permit, construct, own, operate, and maintain
cogeneration and facility heating and cooling measures or equipment, or
both, at its facilities;
(b) Lease state property for the installation and operation of
cogeneration and facility heating and cooling equipment at its
facilities;
(c) Contract to purchase all or part of the electric or thermal
output of cogeneration plants at its facilities;
(d) Contract to purchase or otherwise acquire fuel or other energy
sources needed to operate cogeneration plants at its facilities; and
(e) Undertake procurements for third-party development of
cogeneration projects at its facilities, with successful bidders to be
selected based on the responsible bid, including nonprice elements
listed in RCW 43.19.1911, that offers the greatest net achievable
benefits to the state and its agencies.
(3) After July 28, 1991, a state agency shall consult with the
department prior to exercising any authority granted by this section.
(4) In exercising the authority granted by subsections (1) and (2)
of this section, a state agency must comply with the provisions of RCW
39.35C.080.
Sec. 107 RCW 41.04.340 and 2011 1st sp.s. c 43 s 432 and 2011 1st
sp.s. c 39 s 12 are each reenacted and amended to read as follows:
(1) An attendance incentive program is established for all eligible
employees. As used in this section the term "eligible employee" means
any employee of the state, other than eligible employees of the
community and technical colleges and the state board for community and
technical colleges identified in RCW 28B.50.553, and teaching and
research faculty at the state ((and regional)) universities and The
Evergreen State College, entitled to accumulate sick leave and for whom
accurate sick leave records have been maintained. No employee may
receive compensation under this section for any portion of sick leave
accumulated at a rate in excess of one day per month. The state ((and
regional)) universities and The Evergreen State College shall maintain
complete and accurate sick leave records for all teaching and research
faculty.
(2) In January of the year following any year in which a minimum of
sixty days of sick leave is accrued, and each January thereafter, any
eligible employee may receive remuneration for unused sick leave
accumulated in the previous year at a rate equal to one day's monetary
compensation of the employee for each four full days of accrued sick
leave in excess of sixty days. Sick leave for which compensation has
been received shall be deducted from accrued sick leave at the rate of
four days for every one day's monetary compensation.
From July 1, 2011, through June 29, 2013, the rate of monetary
compensation for the purposes of this subsection shall not be reduced
by any temporary salary reduction.
(3) At the time of separation from state service due to retirement
or death, an eligible employee or the employee's estate may elect to
receive remuneration at a rate equal to one day's current monetary
compensation of the employee for each four full days of accrued sick
leave. From July 1, 2011, through June 29, 2013, the rate of monetary
compensation for the purposes of this subsection shall not be reduced
by any temporary salary reduction.
(4) Remuneration or benefits received under this section shall not
be included for the purpose of computing a retirement allowance under
any public retirement system in this state.
(5) Except as provided in subsections (7) through (9) of this
section for employees not covered by chapter 41.06 RCW, this section
shall be administered, and rules shall be adopted to carry out its
purposes, by the human resources director for persons subject to
chapter 41.06 RCW: PROVIDED, That determination of classes of eligible
employees shall be subject to approval by the office of financial
management.
(6) Should the legislature revoke any remuneration or benefits
granted under this section, no affected employee shall be entitled
thereafter to receive such benefits as a matter of contractual right.
(7) In lieu of remuneration for unused sick leave at retirement as
provided in subsection (3) of this section, an agency head or designee
may with equivalent funds, provide eligible employees with a benefit
plan that provides for reimbursement for medical expenses. This plan
shall be implemented only after consultation with affected groups of
employees. For eligible employees covered by chapter 41.06 RCW,
procedures for the implementation of these plans shall be adopted by
the human resources director. For eligible employees exempt from
chapter 41.06 RCW, and classified employees who have opted out of
coverage of chapter 41.06 RCW as provided in RCW 41.56.201,
implementation procedures shall be adopted by an agency head having
jurisdiction over the employees.
(8) Implementing procedures adopted by the human resources director
or agency heads shall require that each medical expense plan authorized
by subsection (7) of this section apply to all eligible employees in
any one of the following groups: (a) Employees in an agency; (b)
employees in a major organizational subdivision of an agency; (c)
employees at a major operating location of an agency; (d) exempt
employees under the jurisdiction of an elected or appointed Washington
state executive; (e) employees of the Washington state senate; (f)
employees of the Washington state house of representatives; (g)
classified employees in a bargaining unit established by the director
of personnel; or (h) other group of employees defined by an agency head
that is not designed to provide an individual-employee choice regarding
participation in a medical expense plan. However, medical expense
plans for eligible employees in any of the groups under (a) through (h)
of this subsection who are covered by a collective bargaining agreement
shall be implemented only by written agreement with the bargaining
unit's exclusive representative and a separate medical expense plan may
be provided for unrepresented employees.
(9) Medical expense plans authorized by subsection (7) of this
section must require as a condition of participation in the plan that
employees in the group affected by the plan sign an agreement with the
employer. The agreement must include a provision to hold the employer
harmless should the United States government find that the employer or
the employee is in debt to the United States as a result of the
employee not paying income taxes due on the equivalent funds placed
into the plan, or as a result of the employer not withholding or
deducting a tax, assessment, or other payment on the funds as required
by federal law. The agreement must also include a provision that
requires an eligible employee to forfeit remuneration under subsection
(3) of this section if the employee belongs to a group that has been
designated to participate in the medical expense plan permitted under
this section and the employee refuses to execute the required
agreement.
Sec. 108 RCW 43.79.150 and 1993 c 411 s 3 are each amended to
read as follows:
The one hundred thousand acres of land granted by the United States
government to the state for state normal schools in section 17 of the
enabling act are assigned to the support of ((the regional
universities)) Central Washington University, Eastern Washington
University, and Western Washington University, which were formerly the
state colleges of education and to The Evergreen State College.
Sec. 109 RCW 43.79.180 and 1977 ex.s. c 169 s 105 are each
amended to read as follows:
There shall be paid into the state general fund for the use and
support of ((the regional universities)) Central Washington University,
Eastern Washington University, and Western Washington University
(formerly state colleges of education) the following moneys:
(1) -- All moneys collected from the lease or rental of lands set
apart by the enabling act or otherwise for the state normal schools;
(2) -- All interest or income arising from the proceeds of the sale
of such lands;
(3) -- All moneys received or collected as interest on deferred
payments on contracts for the sale of such lands.
NEW SECTION. Sec. 110 RCW 28B.35.010 (Designation) and 1977
ex.s. c 169 s 44 are each repealed.
NEW SECTION. Sec. 111 This act takes effect July 1, 2012.