1736 AMS HIE S2213.2

HB 1736  - S COMM AMD
     By Committee on Higher Education

ADOPTED AS AMENDED 04/17/2013

     Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1   (1) In order to enhance the efficiency and effectiveness of operations of institutions of higher education, the office of financial management shall work with the department of enterprise services, the department of transportation, the department of commerce, institutions of higher education, and others as necessary to comprehensively review reporting requirements related to the provisions in RCW 19.27A.020, 19.27A.150, 70.235.020, 39.35D.020, 43.19.565, 43.41.130, 47.01.440, 70.94.151, 70.94.161, 70.94.527, 70.120A.010, 70.120A.050, 70.235.030, 70.235.040, 70.235.050, 70.235.060, 70.235.070, 80.80.030, 80.80.040, and 80.80.080. By September 1, 2014, the office of financial management shall report to the governor and the higher education committees of the legislature. The report shall include recommendations for coordinating and streamlining reporting, and promoting the most efficient use of state resources at institutions of higher education.
     (2) This section expires August 1, 2015.

NEW SECTION.  Sec. 2   A new section is added to chapter 28B.10 RCW to read as follows:
     (1) Institutions of higher education and state higher education agencies may use or accept secure electronic signatures for any human resource, benefits, or payroll processes that require a signature. Such signatures are valid and enforceable.
     (2) The definitions in this subsection apply throughout this section.
     (a) "Electronic signature" means an electronic sound, symbol, or process, attached to, or logically associated with, a contract or other record and executed or adopted by a person with the intent to sign the record.
     (b) "Secure electronic signature" means an electronic signature that:
     (i) Is unique to the person making the signature;
     (ii) Uses a technology or process to make the signature that is under the sole control of the person making the signature;
     (iii) Uses a technology or process that can identify the person using the technology or process; and
     (iv) Can be linked with an electronic record in such a way that it can be used to determine whether the electronic record has been changed since the electronic signature was incorporated in, attached to, or associated with the electronic record.

Sec. 3   RCW 28B.85.020 and 2012 c 229 s 543 are each amended to read as follows:
     (1) The council:
     (a) Shall adopt by rule, in accordance with chapter 34.05 RCW, minimum standards for degree-granting institutions concerning granting of degrees, quality of education, unfair business practices, financial stability, and other necessary measures to protect citizens of this state against substandard, fraudulent, or deceptive practices. The rules shall require that an institution operating in Washington:
     (i) Be accredited;
     (ii) Have applied for accreditation and such application is pending before the accrediting agency;
     (iii) Have been granted a waiver by the council waiving the requirement of accreditation; or
     (iv) Have been granted an exemption by the council from the requirements of this subsection (1)(a);
     (b) May investigate any entity the council reasonably believes to be subject to the jurisdiction of this chapter. In connection with the investigation, the council may administer oaths and affirmations, issue subpoenas and compel attendance, take evidence, and require the production of any books, papers, correspondence, memorandums, or other records which the council deems relevant or material to the investigation. The council, including its staff and any other authorized persons, may conduct site inspections, the cost of which shall be borne by the institution, and examine records of all institutions subject to this chapter;
     (c) May negotiate and enter into interstate reciprocity agreements with other state or multistate entities if the agreements are consistent with the purposes in this chapter as determined by the council;
     (d) May enter into agreements with degree-granting institutions of higher education based in this state, that are otherwise exempt under the provisions of subsection (1)(a) of this section, for the purpose of ensuring consistent consumer protection in interstate distance delivery of higher education;
     (e)
Shall develop an interagency agreement with the workforce training and education coordinating board to regulate degree-granting private vocational schools with respect to degree and nondegree programs; and
     (((d))) (f) Shall develop and disseminate information to the public about entities that sell or award degrees without requiring appropriate academic achievement at the postsecondary level, including but not limited to, a description of the substandard and potentially fraudulent practices of these entities, and advice about how the public can recognize and avoid the entities. To the extent feasible, the information shall include links to additional resources that may assist the public in identifying specific institutions offering substandard or fraudulent degree programs.
     (2) Financial disclosures provided to the council by degree-granting private vocational schools are not subject to public disclosure under chapter 42.56 RCW."

HB 1736  - S COMM AMD
     By Committee on Higher Education

ADOPTED AS AMENDED 04/17/2013

     On page 1, line 1 of the title, after "efficiencies;" strike the remainder of the title and insert "amending RCW 28B.85.020; adding a new section to chapter 28B.10 RCW; creating a new section; and providing an expiration date."

EFFECT:  Clarifies that an electronic signature must be executed or adopted by a person with the intent to sign the signature. Specifies that a secure electronic signature must be unique to the person making the signature; use a technology or a process that is under the sole control of the person signing and can identify the person signing; and can be linked with an electronic record in order to determine whether the record has been changed since it was signed.
     Changes the date OFM must report recommendations for coordinating and streamlining reporting to the governor and the legislature from December 1, 2013, to September 1, 2014. Changes the section expiration date from July 1, 2014, to August 1, 2015.

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