2008 Revised Code of Washington
Volume 3: Titles 28B through 37


Download as PDF VOLUME 3 Titles 28B through 37 2008 REVISED CODE OF WASHINGTON Published under the authority of chapter 1.08 RCW. Containing all laws of a general and permanent nature through the 2008 regular session, which adjourned sine die March 13, 2008. (2008 Ed.) [Preface—p i] REVISED CODE OF WASHINGTON 2008 Edition © 2008 State of Washington CERTIFICATE The 2008 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in accordance with RCW 1.08.037, certified to comply with the current specifications of the committee. MARTY BROWN, Chair STATUTE LAW COMMITTEE PRINTED ON RECYCLABLE MATERIAL For recycling information call: Recycle Hotline 1-800-732-9253 [Preface—p ii] (2008 Ed.) PREFACE Numbering system: The number of each section of this code is made up of three parts, in sequence as follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW 1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits, constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers between original sections so that for a time new sections may be inserted without extension of the section number beyond three digits. Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030. History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances from the language and organization of the session laws from which it was derived, including a variety of divisions and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise of the powers in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been preserved in the concluding segments of the source note of each section of the code so affected. The legislative source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135, page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS or Rem. Supp.——" indicates the parallel citation in Remington's Revised Code, last published in 1949. Where, before restoration, a section of this code constituted a consolidation of two or more sections of the session laws, or of sections separately numbered in Remington's, the line of derivation is shown for each component section, with each line of derivation being set off from the others by use of small Roman numerals, "(i)," "(ii)," etc. Where, before restoration, only a part of a session law section was reflected in a particular RCW section the history note reference is followed by the word "part." "Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves the record of original codification. Double amendments: Some double or other multiple amendments to a section made without reference to each other are set out in the code in smaller (8-point) type. See RCW 1.12.025. Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the Rules of Court and the State Constitution. Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified are tabulated in numerical order in the table entitled "Disposition of former RCW sections." Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington's Revised Statutes. Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These additions do not constitute any part of the law. (2) Although considerable care has been taken in the production of this code, within the limits of available time and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment. When those who use this code detect errors in particular sections, a note citing the section involved and the nature of the error may be sent to: Code Reviser, Box 40551, Olympia, WA 98504-0551, so that correction may be made in a subsequent publication. (2008 Ed.) [Preface—p iii] TITLES OF THE REVISED CODE OF WASHINGTON 1 46 47 Highways and motor vehicles Motor vehicles Public highways and transportation 48 Insurance 49 50 51 Labor Labor regulations Unemployment compensation Industrial insurance 52 53 54 55 57 Local service districts Fire protection districts Port districts Public utility districts Sanitary districts Water-sewer districts 58 59 60 61 62A 63 64 65 Property rights and incidents Boundaries and plats Landlord and tenant Liens Mortgages, deeds of trust, and real estate contracts Uniform Commercial Code Personal property Real property and conveyances Recording, registration, and legal publication 66 67 68 69 70 71 71A 72 73 74 Public health, safety, and welfare Alcoholic beverage control Sports and recreation—Convention facilities Cemeteries, morgues, and human remains Food, drugs, cosmetics, and poisons Public health and safety Mental illness Developmental disabilities State institutions Veterans and veterans' affairs Public assistance 76 77 78 79 79A Public resources Forests and forest products Fish and wildlife Mines, minerals, and petroleum Public lands Public recreational lands 80 81 Public service Public utilities Transportation 82 83 84 Taxation Excise taxes Estate taxation Property taxes 85 86 87 88 89 90 91 Waters Diking and drainage Flood control Irrigation Navigation and harbor improvements Reclamation, soil conservation, and land settlement Water rights—Environment Waterways General provisions 2 3 4 5 6 7 8 9 9A 10 11 12 13 Judicial Courts of record District courts—Courts of limited jurisdiction Civil procedure Evidence Enforcement of judgments Special proceedings and actions Eminent domain Crimes and punishments Washington Criminal Code Criminal procedure Probate and trust law District courts—Civil procedure Juvenile courts and juvenile offenders 14 Aeronautics 15 16 17 Agriculture Agriculture and marketing Animals and livestock Weeds, rodents, and pests 18 19 20 21 22 Businesses and professions Businesses and professions Business regulations—Miscellaneous Commission merchants—Agricultural products Securities and investments Warehousing and deposits 23 23B 24 25 Corporations, associations, and partnerships Corporations and associations (Profit) Washington business corporation act Corporations and associations (Nonprofit) Partnerships 26 Domestic relations 27 28A 28B 28C Education Libraries, museums, and historical activities Common school provisions Higher education Vocational education 29A Elections 30 31 32 33 Financial institutions Banks and trust companies Miscellaneous loan agencies Mutual savings banks Savings and loan associations 34 35 35A 36 37 38 39 40 41 42 43 44 Government Administrative law Cities and towns Optional Municipal Code Counties Federal areas—Indians Militia and military affairs Public contracts and indebtedness Public documents, records, and publications Public employment, civil service, and pensions Public officers and agencies State government—Executive State government—Legislative [Preface—p iv] (2008 Ed.) Title 28B Title 28B HIGHER EDUCATION Chapters 28B.04 Displaced homemaker act. 28B.06 Project even start. 28B.07 Washington higher education facilities authority. 28B.10 Colleges and universities generally. 28B.12 State work-study program. 28B.13 1974 Bond issue for capital improvements. 28B.14 1975 Bond issue for capital improvements. 28B.14B 1977 Bond issue for capital improvements. 28B.14C 1977 Bond act for the refunding of outstanding limited obligation revenue bonds. 28B.14D 1979 Bond issue for capital improvements. 28B.14E 1979 Bond issue for capital improvements. 28B.14F Bond issues for capital improvements. 28B.14G 1981 Bond issue for capital improvements (1981 c 233). 28B.14H Washington’s future bond issue. 28B.15 College and university fees. 28B.20 University of Washington. 28B.25 Joint center for higher education. 28B.30 Washington State University. 28B.31 1977 Washington State University buildings and facilities financing act. 28B.32 Community technology opportunity program. 28B.35 Regional universities. 28B.38 Spokane intercollegiate research and technology institute. 28B.40 The Evergreen State College. 28B.45 Branch campuses. 28B.50 Community and technical colleges. 28B.52 Collective bargaining—Academic personnel in community colleges. 28B.56 1972 Community colleges facilities aid—Bond issue. 28B.57 1975 Community college special capital projects bond act. 28B.58 1975 Community college general capital projects bond act. 28B.59 1976 Community college capital projects bond act. 28B.59B 1977 Community college capital projects bond act. 28B.59C 1979 Community college capital projects bond act. 28B.59D 1981 Community college capital projects bond act. 28B.63 Commercial activities by institutions of higher education. 28B.65 High-technology education and training. 28B.67 Customized employment training. 28B.70 Western regional higher education compact. 28B.76 Higher education coordinating board. 28B.85 Degree-granting institutions. 28B.90 Foreign degree-granting branch campuses. 28B.92 State student financial aid program. 28B.95 Advanced college tuition payment program. 28B.101 Educational opportunity grant program—Placebound students. (2008 Ed.) 28B.102 28B.103 28B.105 28B.106 28B.108 28B.109 28B.110 28B.115 28B.116 28B.117 28B.118 28B.119 28B.120 28B.121 28B.130 28B.133 28B.135 28B.140 28B.142 28B.900 Future teachers conditional scholarship and loan repayment program. National guard conditional scholarship program. GET ready for math and science scholarship program. College savings bond program. American Indian endowed scholarship program. Washington international exchange scholarship program. Gender equality in higher education. Health professional conditional scholarship program. Foster care endowed scholarship program. Passport to college promise program. College bound scholarship program. Washington promise scholarship program. Washington fund for innovation and quality in higher education program. Food animal veterinarian conditional scholarship program. Transportation demand management programs. Gaining independence for students with dependents program. Child care for higher education students. Financing research facilities at research universities. Local borrowing authority—Research universities. Construction. Actions against public corporations: RCW 4.08.120. Actions by public corporation in corporate name: RCW 4.08.110. Alcohol, pure ethyl, purchase of: RCW 66.16.010. Attorney general, supervision of prosecuting attorney: RCW 36.27.020(3). Blind, school for: Chapter 72.40 RCW. Bomb threats, penalty: RCW 9.61.160. Boxing, kickboxing, martial arts, and wrestling events exemptions for: RCW 67.08.015. physical examination of contestants, urinalysis: RCW 67.08.090. Buildings, earthquake standards for construction: RCW 70.86.020, 70.86.030. Businesses and professions generally, examinations for licenses for: Title 18 RCW. Condemnation: Chapter 8.16 RCW. Conveyance of real property by public bodies—Recording: RCW 65.08.095. Crimes relating to bomb threats: RCW 9.61.160. discrimination to deny public accommodations because of race, color or creed: RCW 9.91.010. Discrimination—Separation of sexes in dormitories, residence halls, etc.: RCW 49.60.222. Discrimination to deny public accommodations because of race, color or creed, penalty: RCW 9.91.010. Drivers’ training schools generally: Chapter 46.82 RCW. Earthquake standards for construction: RCW 70.86.020, 70.86.030. [Title 28B RCW—page 1] Chapter 28B.04 Title 28B RCW: Higher Education Education: State Constitution Art. 9. State toxicological laboratories: RCW 68.50.107. Educational facilities and programs for state schools for the deaf and blind: RCW 72.40.028. Student enrollment forecasts, biennial report of department of community, trade, and economic development: RCW 43.62.050. Elementary or secondary school activities, admission tax exclusion: RCW 36.38.010. System of schools to be established by state: State Constitution Art. 9 § 2. Employees, qualifications to hold public office: RCW 42.04.020. Enrollment forecasts: RCW 43.62.050. Technical schools, included in public school system: State Constitution Art. 9 § 2. Establishment and maintenance of schools guaranteed: State Constitution Art. 26 § 4. Warrants interest rate: RCW 39.56.020. rate fixed by issuing officer: RCW 39.56.030. Fiscal year defined: RCW 1.16.030. Year, fiscal year defined: RCW 1.16.030. Free from sectarian control: State Constitution Art. 9 § 4, Art. 26 § 4. Garnishment: Chapter 6.27 RCW. Hospitalization and medical aid for public employees and dependents—Premiums, governmental contributions authorized: RCW 41.04.180, 41.04.190. Information and research services of colleges and universities, authority for school districts to obtain: RCW 28A.320.110. Information technology: RCW 43.105.200. Intoxicating liquor, retail licenses, proximity limitations: RCW 66.24.010(9). Lands adverse possession against: RCW 7.28.090. defined: RCW 79.02.010. eminent domain by cities against: RCW 8.12.030. by corporations, service of notice: RCW 8.20.020. by railroads and canal companies against: RCW 81.36.010. by state, service of notice: RCW 8.04.020. parks and recreation commission, relinquishment of control over school lands: RCW 79A.05.175. sale of educational lands, board of natural resources to fix value: RCW 79.11.080. sale of generally: State Constitution Art. 16 §§ 2-4. sale or lease of land and valuable materials, supervision and control of department of natural resources over: RCW 79.11.020. state lands, included in: RCW 79.02.010. state parks and recreation, relinquishment of control over state lands: RCW 79A.05.175. Legal adviser, prosecuting attorney as: RCW 36.27.020(2), (3). Medical schools, requisites for accreditation and approval: RCW 18.71.055. Meetings, minutes of governmental bodies, open to public: Chapter 42.32 RCW. Motor vehicles, speed regulations when passing public school: RCW 46.61.440. Open to all children of state: State Constitution Art. 9 § 1, Art. 26 § 4. Periodicals, purchase of, manner of payment: RCW 42.24.035. Printing contracts for outside state work, labor requirements: RCW 43.78.150. Printing must be done within state, exception: RCW 43.78.130, 43.78.140. Public bodies may retain collection agencies to collect public debts—Fees: RCW 19.16.500. Public lands: Title 79 RCW. Public school system, what included in: State Constitution Art. 9 § 2. Pupils, residence or absence does not affect right to vote: State Constitution Art. 6 § 4. Purchases, periodicals, postage, manner of payment: RCW 42.24.035. Religion, control of schools by, free from: State Constitution Art. 9 § 4, Art. 26 § 4. Savings and loan associations, school savings accounts, priority in liquidation distribution: RCW 33.40.050. Sectarian control, free from: State Constitution Art. 9 § 4. State school for blind: Chapter 72.40 RCW. for deaf: Chapter 72.40 RCW. [Title 28B RCW—page 2] Chapter 28B.04 Chapter 28B.04 RCW DISPLACED HOMEMAKER ACT Sections 28B.04.010 28B.04.020 28B.04.030 28B.04.040 28B.04.050 28B.04.060 28B.04.080 28B.04.085 28B.04.090 28B.04.100 28B.04.110 28B.04.120 Short title. Legislative findings—Purpose. Definitions. Multipurpose service centers—Contracts for—Rules embodying standards for—Funds for. Multipurpose service centers—Referral to services by—Displaced homemakers as staff. Contracting for specific programs. Consultation and cooperation with other agencies—Agency report of available services and funds therefor—Board as clearinghouse for information and resources. Displaced homemaker program advisory committee. Considerations when awarding contracts. Percentage of funding for centers or program to be provided by administering organization. Acceptance and use of contributions authorized—Qualifications. Discrimination prohibited. 28B.04.010 Short title. This chapter may be known and cited as the "displaced homemaker act." [1979 c 73 § 1.] 28B.04.010 28B.04.020 Legislative findings—Purpose. The legislature finds that homemakers are an unrecognized part of the workforce who make an invaluable contribution to the strength, durability, and purpose of our state. The legislature further finds that there is an increasing number of persons in this state who, having fulfilled a role as homemaker, find themselves "displaced" in their middle years through divorce, death of spouse, disability of spouse, or other loss of family income of a spouse. As a consequence, displaced homemakers are very often left with little or no income; they are ineligible for categorical welfare assistance; they are subject to the highest rate of unemployment of any sector of the workforce; they face continuing discrimination in employment because of their age and lack of recent paid work experience; they are ineligible for unemployment insurance because they have been engaged in unpaid labor in the home; they are ineligible for social security benefits because they are too young, and many never qualify because they have been divorced from the family wage earner; they may have lost beneficiaries’ rights under employer’s pension and health plans through divorce or death of spouse; and they are often unacceptable to private health insurance plans because of their age. It is the purpose of this chapter to establish guidelines under which the state board for community and technical colleges shall contract to establish multipurpose service centers and programs to provide necessary training opportunities, counseling, and services for displaced homemakers so that 28B.04.020 (2008 Ed.) Displaced Homemaker Act 28B.04.060 28B.04.040 Multipurpose service centers—Contracts for—Rules embodying standards for—Funds for. (1) The board, in consultation with state and local governmental agencies, community groups, and local and national organizations concerned with displaced homemakers, shall receive applications and may contract with public or private nonprofit organizations to establish multipurpose service centers for displaced homemakers. In determining sites and administering agencies or organizations for the centers, the board shall consider the experience and capabilities of the public or private nonprofit organizations making application to provide services to a center. (2) The board shall issue rules prescribing the standards to be met by each center in accordance with the policies set forth in this chapter. Continuing funds for the maintenance of each center shall be contingent upon the determination by the board that the center is in compliance with the contractual conditions and with the rules prescribed by the board. [1985 c 370 § 38; 1982 1st ex.s. c 15 § 2; 1979 c 73 § 4.] (a) Job counseling services which shall: (i) Be specifically designed for displaced homemakers; (ii) Counsel displaced homemakers with respect to appropriate job opportunities; and (iii) Take into account and build upon the skills and experience of a homemaker and emphasize job readiness as well as skill development; (b) Job training and job placement services which shall: (i) Emphasize short-term training programs and programs which expand upon homemaking skills and volunteer experience and which lead to gainful employment; (ii) Develop, through cooperation with state and local government agencies and private employers, model training and placement programs for jobs in the public and private sectors; (iii) Assist displaced homemakers in gaining admission to existing public and private job training programs and opportunities, including vocational education and apprenticeship training programs; and (iv) Assist in identifying community needs and creating new jobs in the public and private sectors; (c) Health counseling services, including referral to existing health programs, with respect to: (i) General principles of preventative health care; (ii) Health care consumer education, particularly in the selection of physicians and health care services, including, but not limited to, health maintenance organizations and health insurance; (iii) Family health care and nutrition; (iv) Alcohol and drug abuse; and (v) Other related health care matters; (d) Financial management services which provide information and assistance with respect to insurance, taxes, estate and probate problems, mortgages, loans, and other related financial matters; (e) Educational services, including: (i) Outreach and information about courses offering credit through secondary or postsecondary education programs, and other re-entry programs, including bilingual programming where appropriate; and (ii) Information about such other programs as are determined to be of interest and benefit to displaced homemakers by the board; (f) Legal counseling and referral services; and (g) Outreach and information services with respect to federal and state employment, education, health, public assistance, and unemployment assistance programs which the board determines would be of interest and benefit to displaced homemakers. (2) The staff positions of each multipurpose center contracted for in accordance with RCW 28B.04.040, including supervisory, technical, and administrative positions, shall, to the maximum extent possible, be filled by displaced homemakers. [1985 c 370 § 39; 1982 1st ex.s. c 15 § 3; 1979 c 73 § 5.] 28B.04.050 Multipurpose service centers—Referral to services by—Displaced homemakers as staff. (1) Each center contracted for under this chapter shall include or provide information and referral to the following services: 28B.04.060 Contracting for specific programs. The board may contract, where appropriate, with public or private nonprofit groups or organizations serving the needs of displaced homemakers for programs designed to: they may enjoy the independence and economic security vital to a productive life. [2004 c 275 § 29; 1985 c 370 § 36; 1982 1st ex.s. c 15 § 1; 1979 c 73 § 2.] Effective date—2004 c 275 §§ 28-32: "Sections 28 through 32 of this act take effect July 1, 2005." [2004 c 275 § 33.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. 28B.04.030 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. (1) "Board" means the state board for community and technical colleges. (2) "Center" means a multipurpose service center for displaced homemakers as described in RCW 28B.04.040. (3) "Program" means those programs described in RCW 28B.04.050 which provide direct, outreach, and information and training services which serve the needs of displaced homemakers. (4) "Displaced homemaker" means an individual who: (a) Has worked in the home for ten or more years providing unsalaried household services for family members on a full-time basis; and (b) Is not gainfully employed; (c) Needs assistance in securing employment; and (d) Has been dependent on the income of another family member but is no longer supported by that income, or has been dependent on federal assistance but is no longer eligible for that assistance, or is supported as the parent of minor children by public assistance or spousal support but whose children are within two years of reaching their majority. [2004 c 275 § 30; 1985 c 370 § 37; 1979 c 73 § 3.] 28B.04.030 Effective date—2004 c 275 §§ 28-32: See note following RCW 28B.04.020. Part headings not law—2004 c 275: See note following RCW 28B.76.030. 28B.04.040 28B.04.050 (2008 Ed.) 28B.04.060 [Title 28B RCW—page 3] 28B.04.080 Title 28B RCW: Higher Education (1) Provide direct services to displaced homemakers, including job counseling, job training and placement, health counseling, financial management, educational counseling, legal counseling, and referral services as described in RCW 28B.04.050; (2) Provide statewide outreach and information services for displaced homemakers; and (3) Provide training opportunities for persons serving the needs of displaced homemakers, including those persons in areas not directly served by programs and centers established under this chapter. [1985 c 370 § 40; 1982 1st ex.s. c 15 § 4; 1979 c 73 § 6.] 28B.04.080 Consultation and cooperation with other agencies—Agency report of available services and funds therefor—Board as clearinghouse for information and resources. (1) The board shall consult and cooperate with the department of social and health services; the higher education coordinating board; the superintendent of public instruction; the workforce training and education coordinating board; the employment security department; the department of labor and industries; sponsoring agencies under the federal comprehensive employment and training act (87 Stat. 839; 29 U.S.C. Sec. 801 et seq.), and any other persons or agencies as the board deems appropriate to facilitate the coordination of centers established under this chapter with existing programs of a similar nature. (2) Annually on July 1st, each agency listed in subsection (1) of this section shall submit a description of each service or program under its jurisdiction which would support the programs and centers established by this chapter and the funds available for such support. (3) The board shall serve as a clearinghouse for displaced homemaker information and resources and shall compile and disseminate statewide information to the centers, related agencies, and interested persons upon request. [2004 c 275 § 31; 1985 c 370 § 42; 1982 1st ex.s. c 15 § 6; 1979 c 73 § 8.] tation of coordinated funding. [2004 c 275 § 32; 1987 c 230 § 2.] Effective date—2004 c 275 §§ 28-32: See note following RCW 28B.04.020. Part headings not law—2004 c 275: See note following RCW 28B.76.030. Effective date—1987 c 230: See note following RCW 36.18.010. 28B.04.090 Considerations when awarding contracts. In the awarding of contracts under this chapter, consideration shall be given to need, geographic location, population ratios, and the extent of existing services. [1979 c 73 § 9.] 28B.04.090 28B.04.080 Effective date—2004 c 275 §§ 28-32: See note following RCW 28B.04.020. Part headings not law—2004 c 275: See note following RCW 28B.76.030. 28B.04.085 Displaced homemaker program advisory committee. (1) The executive coordinator of the board shall establish an advisory committee, to be known as the displaced homemaker program advisory committee. (2) The advisory committee shall be advisory to the executive coordinator and staff of the board. (3) Committee membership shall not exceed twenty-two persons and shall be geographically and generally representative of the state. At least one member of the advisory committee shall either be or recently have been a displaced homemaker. (4) Functions of the advisory committee shall be: (a) To provide advice on all aspects of administration of the displaced homemaker program, including content of program rules, guidelines, and application procedures; (b) To assist in coordination of activities under the displaced homemaker program with related activities of other state and federal agencies, with particular emphasis on facili28B.04.085 [Title 28B RCW—page 4] 28B.04.100 Percentage of funding for centers or program to be provided by administering organization. Thirty percent of the funding for the centers and programs under this chapter shall be provided by the organization administering the center or program. Contributions in-kind, whether materials and supplies, physical facilities, or personal services, may be considered as all or part of the funding provided by the organization. [1979 c 73 § 10.] 28B.04.100 28B.04.110 Acceptance and use of contributions authorized—Qualifications. The board may, in carrying out this chapter, accept, use, and dispose of contributions of money, services, and property: PROVIDED, That funds generated within individual centers may be retained and utilized by those centers. All moneys received by the board or any employee thereof pursuant to this section shall be deposited in a depository approved by the state treasurer. Disbursements of such funds shall be on authorization of the board or a duly authorized representative thereof. In order to maintain an effective expenditure and revenue control such funds shall be subject in all respects to chapter 43.88 RCW, but no appropriation shall be required to permit expenditure of such funds. [1985 c 370 § 43; 1979 c 73 § 11.] 28B.04.110 28B.04.120 Discrimination prohibited. No person in this state, on the ground of sex, age, race, color, religion, national origin, or the presence of any sensory, mental, or physical handicap, shall be excluded from participating in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this chapter. [1979 c 73 § 12.] 28B.04.120 Chapter 28B.06 Chapter 28B.06 RCW PROJECT EVEN START Sections 28B.06.010 Intent—Short title. 28B.06.020 Definitions. 28B.06.030 Adult literacy program—Basic skills instruction—Credit toward work and training requirement—Rules. 28B.06.040 Preference for existing programs before developing new programs. 28B.06.010 Intent—Short title. (1) Parents can be the most effective teachers for their children. Providing illiterate or semiliterate parents with opportunities to acquire basic skills and child development knowledge will enhance their 28B.06.010 (2008 Ed.) Washington Higher Education Facilities Authority ability to assist and support their children in the learning process, and will enhance children’s learning experiences in the formal education environment by providing children with the motivation and positive home environment which contribute to enhanced academic performance. (2) This chapter may be known and cited as project even start. [1995 c 335 § 301; 1990 c 33 § 505; 1987 c 518 § 104. Formerly RCW 28A.610.010, 28A.130.010.] Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425. Severability—1987 c 518: See note following RCW 43.215.425. 28B.06.020 Definitions. Unless the context clearly requires otherwise, the definition in this section shall apply throughout this chapter. "Parent" or "parents" means a parent who has less than an eighth grade ability in one or more of the basic skill areas of reading, language arts, or mathematics, as measured by a standardized test, and who has a child or children enrolled in: (1) The state early childhood education and assistance program; (2) a federal head start program; (3) a state or federally funded elementary school basic skills program serving students who have scored below the national average on a standardized test in one or more of the basic skill areas of reading, language arts, or mathematics; or (4) a cooperative preschool at a community or technical college. [1995 c 335 § 302; 1990 c 33 § 506; 1987 c 518 § 105. Formerly RCW 28A.610.020, 28A.130.012.] 28B.06.020 Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. their work and training obligation for the receipt of public assistance. (4) State funds as may be appropriated for project even start shall be used solely to expand and complement, but not supplant, federal funds for adult literary programs. (5) The state board for community and technical colleges shall adopt rules as necessary to carry out the purposes of this chapter. [1995 c 335 § 303; 1990 c 33 § 507; 1987 c 518 § 106. Formerly RCW 28A.610.030, 28A.130.014.] Reviser’s note: *(1) RCW 28A.610.020 was recodified as RCW 28B.06.020 pursuant to 1995 c 335 § 306. **(2) RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908 were recodified as RCW 43.215.400 through 43.215.450 and 43.215.900 through 43.215.903. Part headings, table of contents not law—1995 c 335: See note following RCW 28A.150.360. Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425. Severability—1987 c 518: See note following RCW 43.215.425. 28B.06.040 Preference for existing programs before developing new programs. The state board for community and technical colleges is authorized and directed, whenever possible, to fund or cooperatively work with existing adult literacy programs and parenting related programs offered through the common school and community and technical college systems or community-based, nonprofit organizations to provide services for eligible parents before developing and funding new adult literacy programs to carry out the purposes of project even start. [1996 c 11 § 1; 1987 c 518 § 107. Formerly RCW 28A.610.040, 28A.130.016.] 28B.06.040 Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425. Severability—1987 c 518: See note following RCW 43.215.425. Intent—1994 c 166; 1987 c 518: See note following RCW 43.215.425. Severability—1987 c 518: See note following RCW 43.215.425. 28B.06.030 Adult literacy program—Basic skills instruction—Credit toward work and training requirement—Rules. (1) The state board for community and technical colleges, in consultation with the department of community, trade, and economic development, the department of social and health services, the superintendent of public instruction, and community-based, nonprofit providers of adult literacy services, shall develop an adult literacy program to serve eligible parents as defined under *RCW 28A.610.020. The program shall give priority to serving parents with children who have not yet enrolled in school or are in grades kindergarten through three. (2) In addition to providing basic skills instruction to eligible parents, the program may include other program components which may include transportation, child care, and such other directly necessary activities as may be necessary to accomplish the purposes of this chapter. (3) Parents who elect to participate in training or work programs, as a condition of receiving public assistance, shall have the hours spent in parent participation programs, conducted as part of a federal head start program, or the state early childhood education and assistance program under **RCW 28A.215.100 through 28A.215.200 and 28A.215.900 through 28A.215.908, or parent literacy programs under this chapter, counted toward the fulfillment of Chapter 28B.07 28B.06.030 (2008 Ed.) Chapter 28B.07 Chapter 28B.07 RCW WASHINGTON HIGHER EDUCATION FACILITIES AUTHORITY Sections GENERAL PROVISIONS 28B.07.010 28B.07.020 28B.07.021 28B.07.030 28B.07.120 28B.07.130 Intent. Definitions. Definitions. Washington higher education facilities authority—Created— Members—Chairperson—Records—Quorum—Compensation and travel expenses. Powers and duties. Special obligation bonds—Issuance—Personal liability— Debt limit. Bonds—Special obligations—Payment—Funds—Segregation of proceeds and moneys. Agreements with participant—Participant’s payment of certain costs and expenses. Moneys deemed trust funds—Agreement or trust indenture with bank or trust company authorized. Holders or owners of bonds—Trustees—Enforcement of rights—Purchase at foreclosure sale. Bonds are securities—Legal investments. Projects or financing—Exemption from certain restrictions on procedures for awarding contracts. Bond counsel—Selection. Underwriters—Selection. 28B.07.300 28B.07.310 28B.07.320 28B.07.330 28B.07.340 Student loan financing—Authority—Liability. Administration of alternative state educational loans. Revenue bonds—Issuance—Payment—Personal liability. Revenue refunding bonds. Trust funds—Trust agreements. 28B.07.040 28B.07.050 28B.07.060 28B.07.070 28B.07.080 28B.07.090 28B.07.100 28B.07.110 STUDENT LOAN FINANCING [Title 28B RCW—page 5] 28B.07.010 28B.07.350 28B.07.360 28B.07.370 28B.07.380 Title 28B RCW: Higher Education Proceeds fund. Default. Debt limitation. Sale of assets. CONSTRUCTION 28B.07.900 28B.07.910 28B.07.920 28B.07.925 28B.07.926 28B.07.927 28B.07.928 28B.07.929 Chapter supplemental—Application of other laws. Construction—1983 c 169. Severability—1983 c 169. Chapter supplemental—Application of other laws. Construction—2007 c 36. Conflict with federal requirements—2007 c 36. Captions not law—2007 c 36. Severability—2007 c 36. GENERAL PROVISIONS 28B.07.010 Intent. The legislature finds that the state has a vital interest in ensuring that higher education institutions are maintained in the state in sufficient numbers and located in such locations, as to be accessible to as many citizens as possible. Adequate educational opportunities are essential to the economic, intellectual, and social well-being of the state and its people. Washington’s independently-governed private nonprofit higher education institutions are a necessary part of the state’s higher educational resources. They provide educational diversity and choice for all residents of the communities in which they are located, communities which may not otherwise be served directly by a public baccalaureate-granting college or university. The legislature further finds that some of the factors that contribute to educational costs are beyond the control of these higher education institutions and their governing boards. The factors include the need to modify facilities to render the facilities accessible to the handicapped or disabled, the necessity of modernizing structures to keep them safe and efficient, and the demands of energy conservation and resource utilization. Many of these needs are associated with the public functions these institutions perform and the requirements of the state and federal governments. Compounding the problem is the fact that the cost of these renovations are borne entirely by the institutions. Because these institutions serve an important public purpose addressing both the needs of individuals and the needs of the state, and because the performance of that public function can be facilitated at no expense or liability to the state, the legislature declares it to be the public policy of the state of Washington to enable the building, providing, and utilization of modern, well-equipped, efficient, and reasonably priced higher educational facilities, as well as the improvement, expansion, and modernization of such facilities, in a manner that will minimize the capital cost of construction, financing, and use of such facilities. The intention of this policy is to improve and ensure the quality and range of educational services available to the citizens of this state. The intent of the legislature is to accomplish these and related purposes, and this chapter shall be liberally construed in order to further these goals. [1983 c 169 § 1.] 28B.07.010 28B.07.020 Definitions. As used in this chapter, the following words and terms shall have the following meanings, unless the context otherwise requires: (1) "Authority" means the Washington higher education facilities authority created under RCW 28B.07.030 or any 28B.07.020 [Title 28B RCW—page 6] board, body, commission, department or officer succeeding to the principal functions of the authority or to whom the powers conferred upon the authority shall be given by law. (2) "Bonds" means bonds, notes, commercial paper, certificates of indebtedness, or other evidences of indebtedness of the authority issued under this chapter. (3) "Bond resolution" means any resolution of the authority, adopted under this chapter, authorizing the issuance and sale of bonds. (4) "Higher education institution" means a private, nonprofit educational institution, the main campus of which is permanently situated in the state, which is open to residents of the state, which neither restricts entry on racial or religious grounds, which provides programs of education beyond high school leading at least to the baccalaureate degree, and which is accredited by the Northwest Association of Schools and Colleges or by an accrediting association recognized by the higher education coordinating board. (5) "Participant" means a higher education institution which, under this chapter, undertakes the financing of a project or projects or undertakes the refunding or refinancing of obligations, mortgages, or advances previously incurred for a project or projects. (6) "Project" means any land or any improvement, including, but not limited to, buildings, structures, fixtures, utilities, machinery, excavations, paving, and landscaping, and any interest in such land or improvements, and any personal property pertaining or useful to such land and improvements, which are necessary, useful, or convenient for the operation of a higher education institution, including but not limited to, the following: Dormitories or other multi-unit housing facilities for students, faculty, officers, or employees; dining halls; student unions; administration buildings; academic buildings; libraries; laboratories; research facilities; computer facilities; classrooms; athletic facilities; health care facilities; maintenance, storage, or utility facilities; parking facilities; or any combination thereof, or any other structures, facilities, or equipment so related. (7) "Project cost" means any cost related to the acquisition, construction, improvement, alteration, or rehabilitation by a participant or the authority of any project and the financing of the project through the authority, including, but not limited to, the following costs paid or incurred: Costs of acquisition of land or interests in land and any improvement; costs of contractors, builders, laborers, material suppliers, and suppliers of tools and equipment; costs of surety and performance bonds; fees and disbursements of architects, surveyors, engineers, feasibility consultants, accountants, attorneys, financial consultants, and other professionals; interest on bonds issued by the authority during any period of construction; principal of and interest on interim financing of any project; debt service reserve funds; depreciation funds, costs of the initial start-up operation of any project; fees for title insurance, document recording, or filing; fees of trustees and the authority; taxes and other governmental charges levied or assessed on any project; and any other similar costs. Except as specifically set forth in this definition, the term "project cost" does not include books, fuel, supplies, and similar items which are required to be treated as a current expense under generally accepted accounting principles. (2008 Ed.) Washington Higher Education Facilities Authority (8) "Trust indenture" means any agreement, trust indenture, or other similar instrument by and between the authority and one or more corporate trustees. [2007 c 218 § 86; 1985 c 370 § 47; 1983 c 169 § 2.] Intent—Finding—2007 c 218: See note following RCW 1.08.130. 28B.07.021 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Authority" means the Washington higher education facilities authority established pursuant to RCW 28B.07.030 or any board, body, commission, department, or officer succeeding to the principal functions of the authority or to whom the powers conferred upon the authority shall be given by law. (2) "Educational loans" means: (a) Guaranteed federal educational loans made in accordance with Title IV, Part B, of the higher education act of 1965, or its successor, to a qualified borrower for payment of educational expenses incurred by a student while attending a participating institution, the payment of principal of and interest on which is insured by the United States secretary of education under the higher education act of 1965, or its successor; and (b) Alternative state educational loans made in accordance with this chapter to a qualified borrower as determined by the authority for payment of educational expenses incurred by a student while attending a participating institution under the terms and conditions determined by the authority. (3) "Obligation," "bond," or "bonds" means bonds, notes, commercial paper, certificates of indebtedness, or other evidences of indebtedness of the authority issued under this chapter, whether or not the interest on the obligation is subject to federal income taxation. (4) "Participating institution" means any post high school educational institution, public or private, whose students are eligible for educational loans. (5) "Qualified borrower" means a student, or the parent of a student, who: (a) Qualifies for an educational loan; and (b) is a resident of the state of Washington or has been accepted for enrollment at or is attending a participating institution within the state of Washington. [2007 c 36 § 2.] 28B.07.021 Policy—Purpose—2007 c 36: See note following RCW 28B.07.300. 28B.07.030 Washington higher education facilities authority—Created —Members—Chairperson — Records—Quorum—Compensation and travel expenses. (1) The Washington higher education facilities authority is hereby established as a public body corporate and politic, with perpetual corporate succession, constituting an agency of the state of Washington exercising essential governmental functions. The authority is a "public body" within the meaning of RCW 39.53.010. (2) The authority shall consist of seven members as follows: The governor, lieutenant governor, executive director of the higher education coordinating board, and four public members, one of whom shall be the president of a higher education institution at the time of appointment. The public members shall be residents of the state and appointed by the 28B.07.030 (2008 Ed.) 28B.07.030 governor, subject to confirmation by the senate, on the basis of their interest or expertise in the provision of higher education and the financing of higher education. The public members of the authority shall serve for terms of four years. The initial terms of the public members shall be staggered in a manner determined by the governor. In the event of a vacancy on the authority due to death, resignation, or removal of one of the public members, and upon the expiration of the term of any public member, the governor shall appoint a successor for a term expiring on the fourth anniversary of the successor’s date of the appointment. If any of the state offices are abolished, the resulting vacancy on the authority shall be filled by the state officer who shall succeed substantially to the power and duties of the abolished office. Any public member of the authority may be removed by the governor for misfeasance, malfeasance, wilful neglect of duty, or any other cause after notice and a public hearing, unless such notice and hearing shall be expressly waived in writing. (3) The governor shall serve as chairperson of the authority. The authority shall elect annually one of its members as secretary. If the governor shall be absent from a meeting of the authority, the secretary shall preside. However, the governor may designate an employee of the governor’s office to act on the governor’s behalf in all other respects during the absence of the governor at any meeting of the authority. If the designation is in writing and is presented to the person presiding at the meetings of the authority who is included in the designation, the vote of the designee has the same effect as if cast by the governor. (4) Any person designated by resolution of the authority shall keep a record of the proceedings of the authority and shall be the custodian of all books, documents, and papers filed with the authority, the minute book or a journal of the authority, and the authority’s official seal, if any. The person may cause copies to be made of all minutes and other records and documents of the authority, and may give certificates to the effect that such copies are true copies. All persons dealing with the authority may rely upon the certificates. (5) Four members of the authority constitute a quorum. Members participating in a meeting through the use of any means of communication by which all members participating can hear each other during the meeting shall be deemed to be present in person at the meeting for all purposes. The authority may act on the basis of a motion except when authorizing the issuance and sale of bonds, in which case the authority shall act by resolution. Bond resolutions and other resolutions shall be adopted upon the affirmative vote of four members of the authority, and shall be signed by those members voting yes. Motions shall be adopted upon the affirmative vote of a majority of a quorum of members present at any meeting of the authority. All actions taken by the authority shall take effect immediately without need for publication or other public notice. A vacancy in the membership of the authority does not impair the power of the authority to act under this chapter. (6) The members of the authority shall be compensated in accordance with RCW 43.03.240 and shall be entitled to reimbursement, solely from the funds of the authority, for travel expenses as determined by the authority incurred in the [Title 28B RCW—page 7] 28B.07.040 Title 28B RCW: Higher Education discharge of their duties under this chapter. [2007 c 36 § 14; 1985 c 370 § 48; 1984 c 287 § 62; 1983 c 169 § 3.] Policy—Purpose—2007 c 36: See note following RCW 28B.07.300. Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. 28B.07.040 Powers and duties. The authority is authorized and empowered to do the following, on such terms, with such security and undertakings, subject to such conditions, and in return for such consideration, as the authority shall determine in its discretion to be necessary, useful, or convenient in accomplishing the purposes of this chapter: (1) To promulgate rules in accordance with chapter 34.05 RCW; (2) To adopt an official seal and to alter the same at pleasure; (3) To maintain an office at any place or places as the authority may designate; (4) To sue and be sued in its own name, and to plead and be impleaded; (5) To make and execute agreements with participants and others and all other instruments necessary, useful, or convenient for the accomplishment of the purposes of this chapter; (6) To provide long-term or short-term financing or refinancing to participants for project costs, by way of loan, lease, conditional sales contract, mortgage, option to purchase, or other financing or security device or any such combination; (7) If, in order to provide to participants the financing or refinancing of project costs described in subsection (6) of this section, the authority deems it necessary or convenient for it to own a project or projects or any part of a project or projects, for any period of time, it may acquire, contract, improve, alter, rehabilitate, repair, manage, operate, mortgage, subject to a security interest, lease, sell, or convey the project; (8) To fix, revise from time to time, and charge and collect from participants and others rates, rents, fees, charges, and repayments as necessary to fully and timely reimburse the authority for all expenses incurred by it in providing the financing and refinancing and other services under this section and for the repayment, when due, of all the principal of, redemption premium, if any, and interest on all bonds issued under this chapter to provide the financing, refinancing, and services; (9) To accept and receive funds, grants, gifts, pledges, guarantees, mortgages, trust deeds, and other security instruments, and property from the federal government or the state or other public body, entity, or agency and from any public or private institution, association, corporation, or organization, including participants. It shall not accept or receive from the state or any taxing agency any money derived from taxes, except money to be devoted to the purposes of a project of the state or of a taxing agency; (10) To open and maintain a bank account or accounts in one or more qualified public depositories in this state and to deposit all or any part of authority funds therein; (11) To employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers, an executive director, and such other 28B.07.040 [Title 28B RCW—page 8] employees and agents as may be necessary in its judgment to carry out the purposes of this chapter, and to fix their compensation; (12) To provide financing or refinancing to two or more participants for a single project or for several projects in such combinations as the authority deems necessary, useful, or convenient; (13) To charge to and equitably apportion among participants the administrative costs and expenses incurred in the exercise of the powers and duties conferred by this chapter; (14) To consult with the higher education coordinating board to determine project priorities under the purposes of this chapter; and (15) To do all other things necessary, useful, or convenient to carry out the purposes of this chapter. In the exercise of any of these powers, the authority shall incur no expense or liability which shall be an obligation, either general or special, of the state, or a general obligation of the authority, and shall pay no expense or liability from funds other than funds of the authority. Funds of the state shall not be used for such purpose. [1985 c 370 § 49; 1983 c 169 § 4.] 28B.07.050 Special obligation bonds—Issuance— Personal liability—Debt limit. (1) The authority may, from time to time, issue its special obligation bonds in order to carry out the purposes of this chapter and to enable the authority to exercise any of the powers granted to it in this chapter. The bonds shall be issued pursuant to a bond resolution or trust indenture and shall be payable solely out of the special fund or funds created by the authority in the bond resolution or trust indenture. The special fund or funds shall be funded in whole or in part from moneys paid by one or more participants for whose benefit such bonds were issued and from the sources, if any, described in RCW 28B.07.040(9) or from the proceeds of bonds issued by the authority for the purpose of refunding any outstanding bonds of the authority. (2) The bonds may be secured by: (a) A first lien against any unexpended proceeds of the bonds; (b) A first lien against moneys in the special fund or funds created by the authority for their payment; (c) A first or subordinate lien against the revenue and receipts of the participant or participants which revenue is derived in whole or in part from the project financed by the authority; (d) A first or subordinate security interest against any real or personal property, tangible or intangible, of the participant or participants, including, but not limited to, the project financed by the authority; (e) Any other real or personal property, tangible or intangible; or (f) Any combination of (a) through (e) of this subsection. Any security interest created against the unexpended bond proceeds and against the special funds created by the authority shall be immediately valid and binding against the moneys and any securities in which the moneys may be invested without authority or trustee possession, and the security interest shall be prior to any party having any competing claim against the moneys or securities, without filing or recording under Article 9A of the Uniform Commercial 28B.07.050 (2008 Ed.) Washington Higher Education Facilities Authority Code, Title 62A RCW, and regardless of whether the party has notice of the security interest. (3) The bonds may be issued as serial bonds or as term bonds or any such combination. The bonds shall bear such date or dates; mature at such time or times; bear interest at such rate or rates, either fixed or variable; be payable at such time or times; be in such denominations; be in such form, either coupon or registered, or both; carry such registration privileges; be made transferable, exchangeable, and interchangeable; be payable in lawful money of the United States of America at such place or places; be subject to such terms of redemption; and be sold at public or private sale, in such manner, at such time, and at such price as the authority shall determine. The bonds shall be executed by the manual or facsimile signatures of the chairperson and the authority’s dulyelected secretary or its executive director, and by the trustee if the authority determines to use a trustee. At least one signature shall be manually subscribed. Coupon bonds shall have attached interest coupons bearing the facsimile signatures of the chairperson and the secretary or the executive director. (4) Any bond resolution, trust indenture, or agreement with a participant relating to bonds issued by the authority or the financing or refinancing made available by the authority may contain provisions, which may be made a part of the contract with the holders or owners of the bonds to be issued, pertaining to the following, among other matters: (a) The security interests granted by the participant to secure repayment of any amounts financed and the performance by the participant of its other obligations in the financing; (b) the security interests granted to the holders or owners of the bonds to secure repayment of the bonds; (c) rentals, fees, and other amounts to be charged, and the sums to be raised in each year through such charges, and the use, investment, and disposition of the sums; (d) the segregation of reserves or sinking funds, and the regulation, investment, and disposition thereof; (e) limitations on the uses of the project; (f) limitations on the purposes to which, or the investments in which, the proceeds of the sale of any issue of bonds may be applied; (g) terms pertaining to the issuance of additional parity bonds; (h) terms pertaining to the incurrence of parity debt; (i) the refunding of outstanding bonds; (j) procedures, if any, by which the terms of any contract with bondholders may be amended or abrogated; (k) acts or failures to act which constitute a default by the participant or the authority in their respective obligations and the rights and remedies in the event of a default; (l) the securing of bonds by a pooling of leases whereby the authority may assign its rights, as lessor, and pledge rents under two or more leases with two or more participants, as lessees; (m) terms governing performance by the trustee of its obligation; or (n) such other additional covenants, agreements, and provisions as are deemed necessary, useful, or convenient by the authority for the security of the holders of the bonds. (5) Bonds may be issued by the authority to refund other outstanding authority bonds, at or prior to the maturity thereof, and to pay any redemption premium with respect thereto. Bonds issued for such refunding purposes may be combined with bonds issued for the financing or refinancing of new projects. Pending the application of the proceeds of the refunding bonds to the redemption of the bonds to be (2008 Ed.) 28B.07.070 redeemed, the authority may enter into an agreement or agreements with a corporate trustee under RCW 28B.07.080 with respect to the interim investment of the proceeds and the application of the proceeds and the earnings on the proceeds to the payment of the principal of and interest on, and the redemption of the bonds to be redeemed. (6) All bonds and any interest coupons appertaining to the bonds shall be negotiable instruments under Title 62A RCW. (7) Neither the members of the authority, nor its employees or agents, nor any person executing the bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance of the bonds. (8) The authority may purchase its bonds with any of its funds available for the purchase. The authority may hold, pledge, cancel, or resell the bonds subject to and in accordance with agreements with bondholders. (9) At no time shall the total outstanding bonded indebtedness of the authority exceed one billion dollars. [2003 c 84 § 1; 1983 c 169 § 5.] 28B.07.060 Bonds—Special obligations—Payment— Funds—Segregation of proceeds and moneys. Bonds issued under this chapter shall not be deemed to constitute obligations, either general or special, of the state or of any political subdivision of the state, or a pledge of the faith and credit of the state or of any political subdivision, or a general obligation of the authority. The bonds shall be special obligations of the authority and shall be payable solely from the special fund or funds created by the authority in the bond resolution or trust indenture pursuant to which the bonds were issued. The fund or funds shall be funded in whole or in part from moneys paid by one or more participants for whose benefit the bonds were issued, from the sources, if any, under RCW 28B.07.040(9), or from the proceeds of bonds issued by the authority for the purpose of refunding any outstanding bonds of the authority. The issuance of bonds under this chapter shall not obligate, directly, indirectly, or contingently, the state or any political subdivision of the state to levy any taxes or appropriate or expend any funds for the payment of the principal or the interest on the bonds. Neither the proceeds of bonds issued under this chapter, any moneys used or to be used to pay the principal of or interest on the bonds, nor any moneys received by the authority to defray its administrative costs shall constitute public money or property. All of such moneys shall be kept segregated and set apart from funds of the state and any political subdivision of the state and shall not be subject to appropriation or allotment by the state or subject to the provisions of chapter 43.88 RCW. [1983 c 169 § 6.] 28B.07.060 28B.07.070 Agreements with participant—Participant’s payment of certain costs and expenses. In connection with any bonds issued by the authority, the authority shall enter into agreements with participants which shall provide for the payment by each participant of amounts which shall be sufficient, together with other revenues available to the authority, if any, to: (1) Pay the participant’s share of the administrative costs and expenses of the authority; (2) pay 28B.07.070 [Title 28B RCW—page 9] 28B.07.080 Title 28B RCW: Higher Education the costs of maintaining, managing, and operating the project or projects financed by the authority, to the extent that the payment of the costs has not otherwise been adequately provided for; (3) pay the principal of, premium, if any, and interest on outstanding bonds of the authority issued in respect of such project or projects as the same shall become due and payable; and (4) create and maintain reserves required or provided for in any bond resolution or trust indenture authorizing the issuance of such bonds of the authority. The payments shall not be subject to supervision or regulation by any department, committee, board, body, bureau, or agency of the state other than the authority. [1983 c 169 § 7.] 28B.07.080 Moneys deemed trust funds—Agreement or trust indenture with bank or trust company authorized. All moneys received by or on behalf of the authority under this chapter, whether as proceeds from the sale of bonds or from participants or from other sources shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority, in lieu of receiving and applying the moneys itself, may enter into an agreement or trust indenture with one or more banks or trust companies having the power and authority to conduct trust business in the state to: (1) Perform all of any part of the obligations of the authority with respect to: (a) Bonds issued by it; (b) the receipt, investment, and application of the proceeds of the bonds and moneys paid by a participant or available from other sources for the payment of the bonds; (c) the enforcement of the obligations of a participant in connection with the financing or refinancing of any project; and (d) other matters relating to the exercise of the authority’s powers under this chapter; (2) Receive, hold, preserve, and enforce any security interest or evidence of security interest granted by a participant for purposes of securing the payment of the bonds; and (3) Act on behalf of the authority or the holders or owners of bonds of the authority for purposes of assuring or enforcing the payment of the bonds, when due. [1983 c 169 § 8.] investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control. [1983 c 169 § 10.] 28B.07.110 Projects or financing—Exemption from certain restrictions on procedures for awarding contracts. A project or the financing or refinancing thereof pursuant to this chapter shall not be subject to the requirements of any law or rule relating to competitive bidding, lease performance bonds, or other restrictions imposed on the procedure for award of contracts. [1983 c 169 § 11.] 28B.07.110 28B.07.080 28B.07.090 Holders or owners of bonds—Trustees— Enforcement of rights—Purchase at foreclosure sale. Any holder or owner of bonds of the authority issued under this chapter or any holder of the coupons appertaining to the bonds, and the trustee or trustees under any trust indenture, except to the extent the rights given are restricted by the authority in any bond resolution or trust indenture authorizing the bonds, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any of their respective rights, and may become the purchaser at any foreclosure sale if the person is the highest bidder. [1983 c 169 § 9.] 28B.07.090 28B.07.100 Bonds are securities—Legal investments. The bonds of the authority are securities in which all public officers and bodies of this state and all counties, cities, municipal corporations, and political subdivisions, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, 28B.07.100 [Title 28B RCW—page 10] 28B.07.120 Bond counsel—Selection. (1) The authority shall adopt written policies to provide for the selection of bond counsel. The policies shall provide for the creation and maintenance of a roster of attorneys whom the authority believes possess the requisite special expertise and professional standing to provide bond counsel opinions which would be accepted by the underwriters, bondholders and other members of the financial community, and which would be in furtherance of the public interest in obtaining the lowest possible interest rates on the bonds issued by the authority. Any attorney may apply to have his or her name placed on the roster, but may not be placed on the roster unless the attorney demonstrates to the authority’s satisfaction that the attorney would issue the kind of opinions required by this section. (2) Prior to selecting an attorney or attorneys to provide bond counsel services, the authority shall provide all attorneys on the roster with a notice of its intentions to select bond counsel and shall invite each of them to submit to the authority his or her fee schedule for providing bond counsel services. The authority shall have wide discretion in selecting the attorney or attorneys it considers to be most appropriate to provide the services, but in the exercise of this discretion the authority shall consider all submitted fee schedules and the public interest in achieving issuance of bonds on terms most favorable to the authority. At least once every two calendar years, the authority shall select anew an attorney or attorneys to serve as bond counsel. However, the authority may retain an attorney for longer than two years when necessary to complete work on a particular bond issue. An attorney previously retained may be selected again but only after the authority has provided other attorneys on the roster with an opportunity to be selected and has made the fee schedule review required under this subsection. As an alternative to retaining counsel for a period of time, the authority may appoint an attorney to serve as counsel in respect to only a particular bond issue or issues. [1983 c 169 § 13.] 28B.07.120 28B.07.130 Underwriters—Selection. (1) The authority shall adopt written policies to provide for the selection of underwriters. The policies shall provide for the creation of a roster of underwriters who the authority believes possess the requisite special expertise and professional standing to provide bond marketing services which would be accepted by bondholders and other members of the financial community, and which would be in furtherance of the public interest in marketing the authority’s bonds at the lowest possible costs. 28B.07.130 (2008 Ed.) Washington Higher Education Facilities Authority Any underwriter may apply to have its name placed on the roster, but may not be placed on the roster unless it demonstrates to the authority’s satisfaction that it meets the requirements of this section. (2) Whenever the authority decides that it needs the services of an underwriter, it shall provide all underwriters on the roster with a notice of its intentions and shall invite each of them to submit to the authority an itemization of its fees and other charges for providing underwriting services on the issue. The itemization shall be by categories designed by the authority. The authority shall have wide discretion in selecting the underwriter it considers to be most appropriate to provide the services, but in the exercise of this discretion the authority shall consider the underwriter’s fees and other charges and the public interest in achieving issuance of bonds on terms most favorable to the authority. The authority may adopt rules setting forth conditions under which an institution of higher education may be permitted to exercise the notice and selection procedures set forth in this subsection. These rules shall require the institution to comply with the provisions of this subsection as if it were the authority and to obtain the authority’s prior approval of the selection of an underwriter. [1983 c 169 § 14.] STUDENT LOAN FINANCING 28B.07.300 Student loan financing—Authority— Liability. (1) In addition to its existing powers, the authority has the following powers with respect to student loan financing: (a) To originate and purchase educational loans; (b) To issue revenue bonds payable from and secured by educational loans; (c) To execute financing documents in connection with such educational loans and bonds; (d) To adopt rules in accordance with chapter 34.05 RCW; (e) To participate fully in federal programs that provide guaranties for the repayment of educational loans and do all things necessary, useful, or convenient to make such programs available in the state and carry out the purposes of this chapter; (f) To contract with an agency, financial institution, or corporation, whether organized under the laws of this state or otherwise, whereby such agency, financial institution, or corporation shall provide billing, accounting, reporting, or administrative services required for educational loan programs administered by the authority or in which the authority participates; and (g) To form one or more nonprofit special purpose corporations for accomplishing the purposes set forth in this chapter. The authority may contract with any such nonprofit corporation, as set forth in (f) of this subsection. (2) In the exercise of any of these powers, the authority shall incur no expense or liability that shall be an obligation, either general or special, of the state, and shall pay no expense or liability from funds other than funds of the authority. Funds of the state may not be used for such purpose unless appropriated for such purpose. [2007 c 36 § 3.] 28B.07.300 Policy—Purpose—2007 c 36: "It is the public policy of the state and a recognized governmental function to facilitate student loan financing and (2008 Ed.) 28B.07.320 thereby increase access to higher education for Washington’s citizens. The purpose of this act is to bring to the citizens of the state the applicable advantages of federal tax law and federal loan guaranties and to authorize the Washington higher education facilities authority to originate and acquire educational loans and to issue nonrecourse revenue bonds to be paid from such loans." [2007 c 36 § 1.] 28B.07.310 Administration of alternative state educational loans. The authority, in addition to administering federal loan programs, may administer an alternative state educational loan program that may include the purchase or origination of alternative state educational loans with terms as determined by the authority. These loans are not guaranteed by the state and the proceeds from loan repayment including interest or other loan-related payments or authority or contractor revenue may be used by the authority to make any required payments to bondholders. [2007 c 36 § 4.] 28B.07.310 Policy—Purpose—2007 c 36: See note following RCW 28B.07.300. 28B.07.320 Revenue bonds—Issuance—Payment— Personal liability. (1) The authority may, from time to time, issue revenue bonds in order to carry out the purposes of this chapter. (2) The bonds shall be issued pursuant to a bond resolution or trust indenture and shall be payable solely out of the special fund or funds created by the authority in the bond resolution or trust indenture. Any security interest created against the unexpended bond proceeds and against the special funds created by the authority shall be immediately valid and binding against the moneys and any securities in which the moneys may be invested without authority or trustee possession, and the security interest shall be prior to any party having any competing claim against the moneys or securities, without filing or recording under Article 62A.9A of the uniform commercial code, and regardless of whether the party has notice of the security interest. (3) The obligations shall be payable from and secured by a pledge of revenues derived from or by reason of ownership of guaranteed educational loans and investment income, after deduction of expenses of operating the authority’s program. (4) The bonds may be issued as serial bonds or as term bonds or any such combination. The bonds shall bear such date or dates; mature at such time or times; bear interest at such rate or rates, either fixed or variable; be payable at such time or times; be in such denominations; be in such form; carry such registration privileges; be made transferable, exchangeable, and interchangeable; be payable in lawful money of the United States of America at such place or places; be subject to such terms of redemption; and be sold at public or private sale, in such manner, at such time, and at such price as the authority shall determine. The bonds shall be executed by the manual or facsimile signatures of the chairperson and the authority’s duly elected secretary or its executive director, and by the trustee if the authority determines to use a trustee. At least one signature shall be manually subscribed. (5) Any bond resolution, trust indenture, or other financing document may contain provisions, which may be made a part of the contract with the holders or owners of the bonds to be issued, pertaining to the following, among other matters: (a) The security interests granted to the holders or owners of the bonds to secure repayment of the bonds; (b) the segrega28B.07.320 [Title 28B RCW—page 11] 28B.07.330 Title 28B RCW: Higher Education tion of reserves or sinking funds, and the regulation, investment, and disposition thereof; (c) limitations on the purposes to which, or the investments in which, the proceeds of the sale of any issue of bonds may be applied; (d) terms pertaining to the issuance of additional parity bonds; (e) the refunding of outstanding bonds; (f) procedures, if any, by which the terms of any contract with bondholders may be amended or abrogated; (g) events of default as well as rights and remedies in the event of a default including without limitation the right to declare all principal and interest immediately due and payable; (h) terms governing performance by the trustee of its obligation; or (i) such other additional covenants, agreements, and provisions as are deemed necessary, useful, or convenient by the authority for the security of the holders of the bonds. (6) All bonds and any interest coupons appertaining to the bonds shall be negotiable instruments under Title 62A RCW. (7) Neither the members of the authority, nor its employees or agents, nor any person executing the bonds shall be liable personally on the bonds or be subject to any personal liability or accountability by reason of the issuance of the bonds. (8) The authority may purchase its bonds with any of its funds available for the purchase. The authority may hold, pledge, cancel, or resell the bonds subject to and in accordance with agreements with bondholders. (9) Bonds issued under this chapter shall not be deemed to constitute obligations, either general or special, of the state or of any political subdivision of the state, or a pledge of the faith and credit of the state or of any political subdivision, or a general obligation of the authority. The bonds shall be special obligations of the authority and shall be payable solely from the special fund or funds created by the authority in the bond resolution or trust indenture pursuant to which the bonds were issued. The issuance of bonds under this chapter shall not obligate, directly, indirectly, or contingently, the state or any political subdivision of the state to levy any taxes or appropriate or expend any funds for the payment of the principal or the interest on the bonds. (10) Neither the proceeds of bonds issued under this chapter, any moneys used or to be used to pay the principal of or interest on the bonds, nor any moneys received by the authority to defray its administrative costs shall constitute public money or property. All of such moneys shall be kept segregated and set apart from funds of the state and any political subdivision of the state and shall not be subject to appropriation or allotment by the state or subject to the provisions of chapter 43.88 RCW. [2007 c 36 § 5.] Policy—Purpose—2007 c 36: See note following RCW 28B.07.300. 28B.07.330 Revenue refunding bonds. Bonds may be issued by the authority to refund other outstanding bonds issued pursuant to this chapter, at or prior to the maturity thereof, and to pay any redemption premium with respect thereto. Bonds issued for such refunding purposes may be combined with bonds issued for the origination or purchase of educational loans. Pending the application of the proceeds of the refunding bonds to the redemption of the bonds to be redeemed, the authority may enter into an agreement or 28B.07.330 [Title 28B RCW—page 12] agreements with a corporate trustee with respect to the interim investment of the proceeds and the application of the proceeds and the earnings on the proceeds to the payment of the principal of and interest on, and the redemption of the bonds to be redeemed. [2007 c 36 § 6.] Policy—Purpose—2007 c 36: See note following RCW 28B.07.300. 28B.07.340 Trust funds—Trust agreements. All moneys received by or on behalf of the authority under this chapter, whether as proceeds from the sale of bonds or from other sources shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The authority, in lieu of receiving and applying the moneys itself, may enter into an agreement or trust indenture with one or more banks or trust companies having the power and authority to conduct trust business in the state to: (1) Perform all or any part of the obligations of the authority with respect to: (a) Bonds issued by it; (b) the receipt, investment, and application of the proceeds of the bonds and moneys available for the payment of the bonds; and (c) other matters relating to the exercise of the authority’s powers under this chapter; (2) Receive, hold, preserve, and enforce any security interest or evidence of security interest granted by a participant for purposes of securing the payment of the bonds; and (3) Act on behalf of the authority or the holders or owners of bonds of the authority for purposes of assuring or enforcing the payment of the bonds, when due. [2007 c 36 § 7.] 28B.07.340 Policy—Purpose—2007 c 36: See note following RCW 28B.07.300. 28B.07.350 Proceeds fund. (1) All proceeds derived from a particular bond under the provisions of this chapter shall be deposited in a fund to be known as the proceeds fund, which shall be maintained in such bank or banks as shall be determined by the authority. Proceeds deposited in the fund shall be expended only on approval of the authority. (2) A separate proceeds fund shall be maintained for each series of bonds issued by the authority. (3) Funds credited to a proceeds fund may be used for any or all of the following purposes: (a) The payment of the necessary expenses, including, without limitation, the costs of issuing the authority’s bonds, incurred by the authority in carrying out its responsibilities under RCW 28B.07.021, 28B.07.300 through 28B.07.380, 28B.07.925, 28B.07.927, and 28B.07.030; (b) The establishment of a debt service reserve account to secure the payment of bonds; (c) The making of educational loans to qualified borrowers; (d) The purchase, either directly or acting through a bank with trust powers for its account, of educational loans; and (e) The acquisition of an investment contract or contracts or any other investments permitted under an indenture of the authority securing its bonds. The income from the contract, contracts, or investments, after payment of the bonds and all expenses associated therewith, shall be used by the authority to assist in carrying out its purposes under this chapter. [2007 c 36 § 8.] 28B.07.350 Policy—Purpose—2007 c 36: See note following RCW 28B.07.300. (2008 Ed.) Colleges and Universities Generally 28B.07.360 Default. The proceedings authorizing any revenue obligations under this chapter or any financing document securing the revenue bonds may provide that if there is a default in the payment of the principal of or the interest on the bonds or in the performance of any agreement contained in the proceedings or financing document, the payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to collect revenues in accordance with the proceedings or provisions of the financing document. [2007 c 36 § 9.] 28B.07.360 Policy—Purpose—2007 c 36: See note following RCW 28B.07.300. 28B.07.370 Debt limitation. Bonds issued by the authority under this chapter shall not be subject to the debt limitation set forth in RCW 28B.07.050(9). [2007 c 36 § 11.] 28B.07.370 Chapter 28B.10 28B.07.927 Conflict with federal requirements— 2007 c 36. If any part of this act is found to be in conflict with federal requirements under the higher education act of 1965, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and such finding or determination shall not affect the operation of the remainder of this act in its application to the agencies concerned. The rules under this act shall meet federal requirements that are a necessary condition for participation of a state agency under the higher education act of 1965, or its successor. [2007 c 36 § 10.] 28B.07.927 28B.07.928 Captions not law—2007 c 36. Captions used in this act are not any part of the law. [2007 c 36 § 16.] 28B.07.928 28B.07.929 Severability—2007 c 36. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [2007 c 36 § 17.] 28B.07.929 Policy—Purpose—2007 c 36: See note following RCW 28B.07.300. 28B.07.380 Sale of assets. The authority is authorized to offer for sale from time to time loan portfolios or other assets accumulated by the authority. Sales shall be conducted in a competitive manner and shall be approved by the authority board. [2007 c 36 § 12.] 28B.07.380 Policy—Purpose—2007 c 36: See note following RCW 28B.07.300. CONSTRUCTION 28B.07.900 Chapter supplemental—Application of other laws. This chapter provides a complete, additional, and alternative method for accomplishing the purposes of this chapter and shall be regarded as supplemental and additional to powers conferred by other laws. The issuance of bonds and refunding bonds under this chapter need not comply with the requirements of any other law applicable to the issuance of bonds. [1983 c 169 § 15.] 28B.07.900 28B.07.910 Construction—1983 c 169. This chapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes. Insofar as the provisions of this chapter are inconsistent with the provisions of any general or special law, or parts thereof, the provisions of this chapter shall be controlling. [1983 c 169 § 16.] 28B.07.910 28B.07.920 Severability—1983 c 169. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1983 c 169 § 17.] 28B.07.920 28B.07.925 Chapter supplemental—Application of other laws. This chapter shall be regarded as supplemental and additional to the powers conferred on the authority by other laws. The issuance of bonds and refunding bonds under this chapter need not comply with requirements of any other laws applicable to the issuance of bonds. [2007 c 36 § 13.] 28B.07.925 28B.07.926 Construction—2007 c 36. This act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes thereof. [2007 c 36 § 15.] 28B.07.926 (2008 Ed.) Chapter 28B.10 RCW COLLEGES AND UNIVERSITIES GENERALLY Chapter 28B.10 Sections 28B.10.016 28B.10.017 28B.10.020 Definitions. "Eligible student" defined. Acquisition of property by universities and The Evergreen State College. 28B.10.022 Authority to enter into financing contracts—Notice. 28B.10.023 Contracts subject to requirements established under office of minority and women’s business enterprises. 28B.10.025 Purchases of works of art—Procedure. 28B.10.027 Allocation of moneys for acquisition of works of art— Expenditure by arts commission—Conditions. 28B.10.029 Property purchase and disposition—Independent printing production and purchasing authority—Purchase of correctional industries products. 28B.10.030 Display of United States flag. 28B.10.031 Check cashing privileges. 28B.10.032 Public and private institutions offering teacher preparation programs—Exploration of methods to enhance awareness of teacher preparation programs. 28B.10.040 Higher educational institutions to be nonsectarian. 28B.10.042 Personal identifiers—Use of social security numbers prohibited. 28B.10.0421 Personal identifiers—Funding. 28B.10.050 Entrance requirements exceeding minimum requirements. 28B.10.055 Credits—Statewide transfer policy and agreement—Establishment. 28B.10.056 State enrollment and degree priority—Science and technology fields—Report to the legislature. 28B.10.100 "Major line" defined. 28B.10.105 Courses exclusive to the University of Washington. 28B.10.106 Courses exclusive to Washington State University. 28B.10.115 Major lines common to University of Washington and Washington State University. 28B.10.120 Graduate work. 28B.10.125 Technology literacy—Reports. 28B.10.140 Teachers’ training courses. 28B.10.170 College and university fees. 28B.10.270 Rights of Washington national guard and other military reserve students called to active service. 28B.10.280 Student loans—Federal student aid programs. 28B.10.281 Student loans—Certain activities may make student ineligible for aid. 28B.10.284 Uniform minor student capacity to borrow act. 28B.10.293 Additional charges authorized in collection of debts—Public and private institutions of higher education. 28B.10.295 Educational materials on abuses of, and illnesses consequent from, alcohol. 28B.10.300 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Authorized. [Title 28B RCW—page 13] Chapter 28B.10 28B.10.305 Title 28B RCW: Higher Education Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Use of lands, buildings, and facilities. 28B.10.310 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Bonds—Sale, interest, form, payment, term, execution, negotiability, etc. 28B.10.315 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Funding, refunding bonds. 28B.10.320 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Authority to be liberally construed— Future acquisitions and installations may be pledged for payment. 28B.10.325 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Rate of interest on obligations. 28B.10.330 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Nonliability of state. 28B.10.335 Validation of prior bond issues. 28B.10.350 Construction work, remodeling, or demolition—Public bid— Exemption—Waiver—Prevailing rate of wage—Universities and The Evergreen State College. 28B.10.354 High-performance public buildings requirements. 28B.10.360 Educational and career opportunities in the military, student access to information on, when. 28B.10.400 Annuities and retirement income plans—Authorized. 28B.10.401 Assumptions to be applied when establishing supplemental payment under RCW 28B.10.400(3). 28B.10.405 Annuities and retirement income plans—Contributions by faculty and employees. 28B.10.407 Annuities and retirement income plans—Credit for authorized leaves of absence without pay. 28B.10.409 Annuities and retirement income plans—Membership while serving as state legislator. 28B.10.410 Annuities and retirement income plans—Limitation on institution’s contribution. 28B.10.415 Annuities and retirement income plans—Limitation on annuity or retirement income plan payment. 28B.10.417 Annuities and retirement income plans—Rights and duties of faculty or employees with Washington state teachers’ retirement system credit—Regional universities and The Evergreen State College. 28B.10.420 Annuities and retirement income plans—Retirement at age seventy—Reemployment, conditions when. 28B.10.423 Annuities and retirement income plans—Limit on retirement income—Adjustment of rates. 28B.10.425 Additional pension for certain retired university faculty members or employees. 28B.10.430 Annuities and retirement income plans—Minimum monthly benefit—Computation. 28B.10.431 Annuities and retirement income plans—Monthly benefit— Post-retirement adjustment—Computation. 28B.10.480 Tax deferred annuities for employees. 28B.10.485 Charitable gift annuities, issuance of by universities and The Evergreen State College—Scope. 28B.10.487 Charitable gift annuities, issuance of by universities and The Evergreen State College—Obligation as to annuity payments. 28B.10.500 Removal of regents or trustees from universities and The Evergreen State College. 28B.10.510 Attorney general as advisor. 28B.10.520 Regents and trustees—Oaths. 28B.10.525 Regents and trustees—Travel expenses. 28B.10.528 Delegation of powers and duties by governing boards. 28B.10.550 Police forces for universities and The Evergreen State College—Authorized. 28B.10.555 Police forces for universities and The Evergreen State College—Powers. 28B.10.560 Police forces for universities and The Evergreen State College—Establishment of traffic regulations—Adjudication of parking infractions—Appeal. 28B.10.567 Police forces for universities and The Evergreen State College—Benefits for duty-related death, disability or injury. 28B.10.569 Crime statistics reporting—Campus safety plans—Memoranda of understanding and mutual aid agreements—Task forces—Contact information. 28B.10.5691 Campus safety—Institutional assessments—Updates— Reports. 28B.10.570 Interfering by force or violence with any administrator, faculty member or student unlawful—Penalty. [Title 28B RCW—page 14] 28B.10.571 28B.10.572 28B.10.575 28B.10.580 28B.10.582 28B.10.584 28B.10.590 28B.10.592 28B.10.600 28B.10.605 28B.10.618 28B.10.620 28B.10.625 28B.10.640 28B.10.648 28B.10.650 28B.10.660 28B.10.665 28B.10.679 28B.10.680 28B.10.682 28B.10.685 28B.10.690 28B.10.691 28B.10.693 28B.10.695 28B.10.700 28B.10.703 28B.10.704 28B.10.710 28B.10.730 28B.10.776 28B.10.778 28B.10.780 28B.10.782 28B.10.784 28B.10.786 28B.10.790 28B.10.792 28B.10.825 28B.10.840 28B.10.842 28B.10.844 28B.10.850 28B.10.851 Intimidating any administrator, faculty member or student by threat of force or violence unlawful—Penalty. Certain unlawful acts—Disciplinary authority exception. Student housing—Liquor prohibited, areas—Complaints regarding liquor and illegal drug use—Policies, procedures, sanctions. Term papers, theses, dissertations, sale of prohibited—Legislative findings—Purpose. Term papers, theses, dissertations, sale of prohibited—Definitions. Term papers, theses, dissertations, sale of prohibited—Violations enumerated—Exempted acts—Civil penalties— Injunctive relief. Course materials—Cost savings. College textbook information—Publishers’ duties. District schools may be used for teacher training by universities and The Evergreen State College—Authority. District schools may be used for teacher training by universities and The Evergreen State College—Agreement for financing, organization, etc. Credit card marketing policies. Agreements for research work by private nonprofit corporations at universities—Authority. Agreements for research work by private nonprofit corporations at universities—Funds may be expended in cooperative effort. Student associations to contract for certain purchases, concessions, printing, etc.—Procedure. Employees—Peer review committees—Members’ immunity—Proceedings—Statement of reasons—Legal representation of members. Remunerated professional leaves for faculty members of institutions of higher education. Insurance or protection authorized—Premiums—Health benefits for graduate student appointees. Liability insurance for officers and employees authorized. Washington mathematics placement test—Mathematics college readiness test. Precollege course work—Findings—Intent. Precollege course work—Adoption of definitions. Precollege course work—Enrollment information—Report. Graduation rate improvement—Findings. Graduation rate improvement—Strategic plans—Adoption of strategies. Graduation rate improvement—Student progression understandings. Timely completion of degree and certificate programs— Adoption of policies. Physical education in curriculum. Programs for intercollegiate athletic competition—Authorized. Funds for assistance of student participants in intercollegiate activities or activities relating to performing arts. Washington state or Pacific Northwest history in curriculum. AIDS information—Four-year institutions. Budget calculation—Enrollment levels—Participation rate. Budget calculation—New enrollments—Funding level— Inflation factor. Budget calculation—Funding level. Budget calculation—Increased enrollment target level— Availability of information. Budget calculation—Participation rate and enrollment level estimates—Recommendations to governor and legislature. Budget calculation—Student financial aid programs. State student financial aid program—Certain residents attending college or university in another state, applicability to—Authorization. State student financial aid program—Certain residents attending college or university in another state, applicability to—Guidelines. Institutional student loan fund for needy students. Definitions for purposes of RCW 28B.10.840 through 28B.10.844. Actions against regents, trustees, officers, employees, or agents of institutions of higher education or educational boards—Defense—Costs—Payment of obligations from liability account. Regents, trustees, officers, employees or agents of institutions of higher education or educational boards, insurance to protect and hold personally harmless. Capital improvements, bonds for—Authorized—Form, terms, conditions, sale, signatures. Capital improvements, bonds for—Account created, purpose. (2008 Ed.) Colleges and Universities Generally 28B.10.852 28B.10.853 28B.10.854 28B.10.855 28B.10.863 28B.10.878 28B.10.890 28B.10.900 28B.10.901 28B.10.902 28B.10.903 28B.10.910 28B.10.912 28B.10.914 28B.10.916 28B.10.918 28B.10.920 28B.10.921 28B.10.922 Capital improvements, bonds for—Bond anticipation notes, purpose. Capital improvements, bonds for—Bond redemption fund created, purpose—Compelling transfer of funds to. Capital improvements, bonds for—Legislature may provide additional means of revenue. Capital improvements, bonds for—As legal investment for state and municipal funds. Distinguished professorship program—Solicitation and receipt of gifts—Investment of endowed funds—Report to the legislature. G. Robert Ross distinguished faculty award. Collegiate license plate fund—Scholarships. "Hazing" defined. Hazing prohibited—Penalty. Participating in or permitting hazing—Loss of state-funded grants or awards—Loss of official recognition or control—Rules. Conduct associated with initiation into group or pastime or amusement with group—Sanctions adopted by rule. Students with disabilities—Core services. Students with disabilities—Core services described—Notice of nondiscrimination. Students with disabilities—Accommodation. Supplemental instructional materials for students with print access disability. Disability history month—Activities. Performance agreements—Generally. Performance agreements—Contents. Performance agreements—State committee—Development of final proposals—Implementation—Updates. AIDS information: Chapter 70.24 RCW. Alcohol, pure ethyl, purchase of: RCW 66.16.010. Boxing, kickboxing, martial arts, and wrestling events exemptions for: RCW 67.08.015. physical examination of contestants, urinalysis: RCW 67.08.090. Business colleges, excise tax: RCW 82.04.170. Commercial activities by institutions of higher education—Development of policies governing: Chapter 28B.63 RCW. Common schools, joint programs with for highly capable students: RCW 28A.185.030. Determination of lands purchased or leased by institutions of higher education are used as school sites—Reversion, when: RCW 79.17.140. Discrimination to deny public accommodations because of race, color, or creed, penalty: RCW 9.91.010. Enrollment forecasts: RCW 43.62.050. Eye protection, public and private educational institutions: RCW 70.100.010 through 70.100.040. Gender equity—Goals: RCW 28B.15.455. Governing body of recognized student association at college or university, open public meetings act applicable to: RCW 42.30.200. Incorporation articles of incorporation: RCW 24.03.025. dissolution: RCW 24.03.220, 24.03.250. filing articles of consolidation: RCW 24.03.200. filing fees: RCW 24.03.405. merger and consolidation articles of incorporation upon consolidation: RCW 24.03.200. authorized: RCW 24.03.195. effect: RCW 24.03.210. effective, when: RCW 24.03.205. filing fee: RCW 24.03.405. joint agreement: RCW 24.03.195. liabilities and obligations upon: RCW 24.03.210 through 24.03.230. property status upon: RCW 24.03.210 through 24.03.230. when becomes effective: RCW 24.03.205. powers: RCW 24.03.035. Information and research services of colleges and universities, authority for school districts to obtain: RCW 28A.320.110. Institutions of higher education, purchase of leased lands with improvements by: RCW 79.17.110 through 79.17.130. Normal schools included in public school system: State Constitution Art. 9 § 2. (2008 Ed.) 28B.10.017 Purchase of materials and supplies compliance with regulations as to required: RCW 43.19.200. general administration department powers as to: RCW 43.19.190. Sale of alcohol to, special price: RCW 66.16.010. State work-study program: Chapter 28B.12 RCW. Stills, license for laboratory: RCW 66.24.140. Students, residence for election purposes not lost by: State Constitution Art. 6 § 4, RCW 29A.04.151(3). Vacation leave for personnel: RCW 43.01.042. Western regional higher education compact: Chapter 28B.70 RCW. 28B.10.016 Definitions. For the purposes of this title: (1) "State universities" means the University of Washington and Washington State University. (2) "Regional universities" means Western Washington University at Bellingham, Central Washington University at Ellensburg, and Eastern Washington University at Cheney. (3) "State college" means The Evergreen State College in Thurston county. (4) "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) "Governing board" means the board of regents or the board of trustees of the institutions of higher education. [1992 c 231 § 1; 1991 c 238 § 113; 1977 ex.s. c 169 § 1.] 28B.10.016 Effective date—1992 c 231: "This act shall take effect July 1, 1992." [1992 c 231 § 35.] Effective dates—Severability—1991 c 238: See RCW 28B.50.917 and 28B.50.918. Tenure or terms, rights, including property rights, not affected— 1977 ex.s. c 169: "Nothing in this 1977 amendatory act shall affect the tenure of or the terms of any officials, administrative assistants, faculty members, or other employees of any institution of higher education within this state, whether such institutions have hereinabove in this 1977 amendatory act been redesignated as regional universities or otherwise. Nothing in this 1977 amendatory act shall affect any rights, whether to property or otherwise, existing on or after the effective date of this 1977 amendatory act, the intent of the legislature being solely to redesignate as regional universities certain institutions of higher education within this state." [1977 ex.s. c 169 § 113.] Statute and RCW designations affected—1977 ex.s. c 169: "It is the intent of the legislature that after the effective date of this 1977 amendatory act, where the names "Western Washington State College", "Central Washington State College", or "Eastern Washington State College" are used in any bill enacted by the legislature or found within the Revised Code of Washington, they shall mean "Western Washington University", "Central Washington University", and "Eastern Washington University", respectively." [1977 ex.s. c 169 § 114.] Severability—1977 ex.s. c 169: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 169 § 116.] 28B.10.017 "Eligible student" defined. "Eligible student" means a student who (1) was enrolled in a Washington college, university, community college, or vocational-technical institute on or after August 2, 1990, and (2) is unable to complete the period of enrollment or academic term in which the student was enrolled because the student was deployed either in the Persian Gulf combat zone, as designated by the president of the United States by executive order, or in another location in support of the Persian Gulf combat zone. An eligible student is required to verify his or her inability to complete an academic term through military service records, 28B.10.017 [Title 28B RCW—page 15] 28B.10.020 Title 28B RCW: Higher Education movement orders, or a certified letter signed by the student’s installation personnel officer. [1991 c 164 § 1.] 28B.10.020 Acquisition of property by universities and The Evergreen State College. The boards of regents of the University of Washington and Washington State University, respectively, and the boards of trustees of Central Washington University, Eastern Washington University, Western Washington University, and The Evergreen State College, respectively, shall have the power and authority to acquire by exchange, gift, purchase, lease, or condemnation in the manner provided by chapter 8.04 RCW for condemnation of property for public use, such lands, real estate and other property, and interests therein as they may deem necessary for the use of said institutions respectively. However, the purchase or lease of major off-campus facilities is subject to the approval of the higher education coordinating board under RCW 28B.76.230. [2004 c 275 § 47; 1985 c 370 § 50; 1977 ex.s. c 169 § 7; 1969 ex.s. c 223 § 28B.10.020. Prior: 1967 c 47 § 16; 1947 c 104 § 1; Rem. Supp. 1947 § 4623-20. Formerly RCW 28.76.020.] 28B.10.020 with the boards of regents of the University of Washington and Washington State University and with the boards of trustees of the regional 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. [2005 c 36 § 2; 1990 c 33 § 557; 1983 c 204 § 8; 1977 ex.s. c 169 § 8; 1974 ex.s. c 176 § 4.] Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. Severability—1983 c 204: See note following RCW 43.46.090. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Acquisition of works of art for public buildings and lands—Visual arts program established: RCW 43.46.090. Part headings not law—2004 c 275: See note following RCW 28B.76.030. Allocation of moneys for acquisition of works of art—Expenditure by arts commission—Conditions: RCW 43.17.200. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Purchase of works of art—Interagency reimbursement for expenditure by visual arts program: RCW 43.17.205. State art collection: RCW 43.46.095. 28B.10.022 Authority to enter into financing contracts—Notice. (1) The boards of regents of the state universities and the boards of trustees of the regional universities, The Evergreen State College, and the state board for community and technical colleges, 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 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. [2003 c 6 § 1; 2002 c 151 § 5; 1989 c 356 § 6.] 28B.10.022 28B.10.023 Contracts subject to requirements established under office of minority and women’s business enterprises. All contracts entered into under this chapter by institutions of higher education on or after September 1, 1983, are subject to the requirements established under chapter 39.19 RCW. [1983 c 120 § 10.] 28B.10.023 Effective date—Applicability—Severability—Conflict with federal requirements—1983 c 120: See RCW 39.19.910, 39.19.920. 28B.10.025 Purchases of works of art—Procedure. The Washington state arts commission shall, in consultation 28B.10.025 [Title 28B RCW—page 16] 28B.10.027 Allocation of moneys for acquisition of works of art—Expenditure by arts commission—Conditions. All universities and colleges shall allocate as a nondeductible item, out of any moneys appropriated for the original construction or any major renovation or remodel work exceeding two hundred thousand dollars of any building, an amount of one-half of one percent of the appropriation to be expended by the Washington state arts commission with the approval of the board of regents or trustees for the acquisition of works of art. The works of art may be placed on public lands of institutions of higher education, integral to or attached to a public building or structure of institutions of higher education, detached within or outside a public building or structure of institutions of higher education, part of a portable exhibition or collection, part of a temporary exhibition, or loaned or exhibited in other public facilities. In addition to the cost of the works of art, the one-half of one percent of the appropriation shall be used to provide for the administration of the visual arts program, including conservation of the state art collection, by the Washington state arts commission and all costs for installation of the work of art. For the purpose of this section building shall not include sheds, warehouses, and other buildings of a temporary nature. [2005 c 36 § 3; 1983 c 204 § 9.] 28B.10.027 Severability—1983 c 204: See note following RCW 43.46.090. 28B.10.029 Property purchase and disposition— Independent printing production and purchasing authority—Purchase of correctional industries products. (1) An institution of higher education may exercise independently those powers otherwise granted to the director of general administration in chapter 43.19 RCW in connection with the purchase and disposition of all material, supplies, services, and equipment needed for the support, maintenance, and use 28B.10.029 (2008 Ed.) Colleges and Universities Generally of the respective institution of higher education. Property disposition policies followed by institutions of higher education shall be consistent with policies followed by the department of general administration. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapters 39.19, 39.29, and 43.03 RCW, and RCW 43.19.1901, 43.19.1906, 43.19.1911, 43.19.1917, 43.19.1937, 43.19.534, 43.19.685, 43.19.700 through 43.19.704, and 43.19.560 through 43.19.637. The community and technical colleges shall comply with RCW 43.19.450. Except for the University of Washington, institutions of higher education shall comply with RCW 43.41.310, 43.41.290, and 43.41.350. If an institution of higher education can satisfactorily demonstrate to the director of the office of financial management that the cost of compliance is greater than the value of benefits from any of the following statutes, then it shall be exempt from them: RCW 43.19.685; 43.19.534; and 43.19.637. Any institution of higher education that chooses to exercise independent purchasing authority for a commodity or group of commodities shall notify the director of general administration. Thereafter the director of general administration shall not be required to provide those services for that institution for the duration of the general administration contract term for that commodity or group of commodities. (2) The council of presidents and the state board for community and technical colleges shall convene its correctional industries business development advisory committee, and work collaboratively with correctional industries, to: (a) Reaffirm purchasing criteria and ensure that quality, service, and timely delivery result in the best value for expenditure of state dollars; (b) Update the approved list of correctional industries products from which higher education shall purchase; and (c) Develop recommendations on ways to continue to build correctional industries’ business with institutions of higher education. (3) Higher education and correctional industries shall develop a plan to build higher education business with correctional industries to increase higher education purchases of correctional industries products, based upon the criteria established in subsection (2) of this section. The plan shall include the correctional industries’ production and sales goals for higher education and an approved list of products from which higher education institutions shall purchase, based on the criteria established in subsection (2) of this section. Higher education and correctional industries shall report to the legislature regarding the plan and its implementation no later than January 30, 2005. (4) Institutions of higher education shall set as a target to contract, beginning not later than June 30, 2006, to purchase one percent of the total goods and services required by the institutions each year produced or provided in whole or in part from class II inmate work programs operated by the department of corrections. Institutions of higher education shall set as a target to contract, beginning not later than June 30, 2008, to purchase two percent of the total goods and services required by the institutions each year produced or provided in whole or in part from class II inmate work programs operated by the department of corrections. (2008 Ed.) 28B.10.031 (5) An institution of higher education may exercise independently those powers otherwise granted to the public printer in chapter 43.78 RCW in connection with the production or purchase of any printing and binding needed by the respective institution of higher education. Purchasing policies and procedures followed by institutions of higher education shall be in compliance with chapter 39.19 RCW. Any institution of higher education that chooses to exercise independent printing production or purchasing authority shall notify the public printer. Thereafter the public printer shall not be required to provide those services for that institution. [2004 c 167 § 10. Prior: 1998 c 344 § 5; 1998 c 111 § 2; 1996 c 110 § 5; 1993 c 379 § 101.] Intent—Findings—1998 c 344: See note following RCW 28B.38.010. Intent—1993 c 379: "The legislature acknowledges the academic freedom of institutions of higher education, and seeks to improve their efficiency and effectiveness in carrying out their missions. By this act, the legislature intends to increase the flexibility of institutions of higher education to manage personnel, construction, purchasing, printing, and tuition." [1993 c 379 § 1.] Severability—1993 c 379: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1993 c 379 § 407.] Effective date—1993 c 379: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 c 379 § 408.] 28B.10.030 Display of United States flag. Every board of trustees or board of regents shall cause a United States flag being in good condition to be displayed on the campus of their respective state institution of higher education during the hours of nine o’clock a.m. and four o’clock p.m. on school days, except during inclement weather. [1969 ex.s. c 223 § 28B.10.030. Prior: 1939 c 17 § 1; RRS § 4531-1. Formerly RCW 28.76.030.] 28B.10.030 28B.10.031 Check cashing privileges. (1) Any institution of higher education may, at its option and after the approval by governing boards, accept in exchange for cash a payroll check, expense check, financial aid check, or personal check from a student or employee of that institution of higher education in accordance with the following conditions: (a) The check shall be drawn to the order of cash or bearer and be immediately payable by a drawee financial institution; (b) The person presenting the check to the institution of higher education shall produce identification that he or she is currently enrolled or employed at the institution of higher education; and (c) The payroll check, expense check, or financial aid check shall have been issued by the institution of higher education. (2) In the event that any personal check cashed under this section is dishonored by the drawee financial institution when presented for payment, the institution of higher education, after giving notice of the dishonor to the student or employee and providing an opportunity for a brief adjudicative proceeding, may: (a) In the case of a student, place a hold on the student’s enrollment and transcript records until payment in full of the 28B.10.031 [Title 28B RCW—page 17] 28B.10.032 Title 28B RCW: Higher Education value of the dishonored check and reasonable collection fees and costs; (b) In the case of an employee, withhold from the next payroll check or expense check the full amount of the dishonored check plus a collection fee. In the case that the employee no longer is employed by the institution of higher education at time of dishonor, then the institution of higher education may pursue other legal collection efforts that are to be paid by the drawer or endorser of the dishonored check along with the full value of the check. [1993 c 145 § 1.] 28B.10.032 Public and private institutions offering teacher preparation programs—Exploration of methods to enhance awareness of teacher preparation programs. The state’s public and private institutions of higher education offering teacher preparation programs and school districts are encouraged to explore ways to facilitate faculty exchanges, and other cooperative arrangements, to generate increased awareness and understanding by higher education faculty of the common school teaching experience and increased awareness and understanding by common school faculty of the teacher preparation programs. [1987 c 525 § 233.] 28B.10.032 Intent—Short title—1987 c 525 §§ 202-233: See notes following RCW 28A.410.040. Severability—1987 c 525: See note following RCW 28A.300.050. 28B.10.040 Higher educational institutions to be nonsectarian. All institutions of higher education supported wholly or in part by state funds, and by whatsoever name so designated, shall be forever free from religious or sectarian control or influence. [1969 ex.s. c 223 § 28B.10.040. Prior: (i) 1909 c 97 p 242 § 7; RRS § 4559; prior: 1897 c 118 § 188; 1890 p 396 § 5. Formerly RCW 28.77.013; 28.76.040, part. (ii) 1909 c 97 p 243 § 1, part; RRS § 4568, part; prior: 1897 c 118 § 190, part; 1891 c 145 § 1, part. Formerly RCW 28.80.015, part; 28.76.040, part.] 28B.10.040 Nonsectarian: State Constitution Art. 9 § 4, Art. 26. 28B.10.042 Personal identifiers—Use of social security numbers prohibited. (1) Institutions of higher education shall not use the social security number of any student, staff, or faculty for identification except for the purposes of employment, financial aid, research, assessment, accountability, transcripts, or as otherwise required by state or federal law. (2) Each institution of higher education shall develop a system of personal identifiers for students to be used for grading and other administrative purposes. The personal identifiers may not be social security numbers. [2001 c 103 § 2.] 28B.10.042 Findings—2001 c 103: "The legislature finds that the occurrences of identity theft are increasing. The legislature also finds that widespread use of the federally issued social security numbers has made identity theft more likely to occur." [2001 c 103 § 1.] Effective date—2001 c 103 § 2: "Section 2 of this act takes effect July 1, 2002." [2001 c 103 § 5.] 28B.10.0421 Personal identifiers—Funding. Each institution of higher education shall use its own existing budgetary funds to develop the system for personal identifiers. No new state funds shall be allocated for this purpose. [2001 c 103 § 4.] 28B.10.0421 [Title 28B RCW—page 18] Findings—2001 c 103: See note following RCW 28B.10.042. 28B.10.050 Entrance requirements exceeding minimum requirements. 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). [2004 c 275 § 48; 1985 c 370 § 91; 1984 c 278 § 19; 1977 ex.s. c 169 § 9; 1969 ex.s. c 223 § 28B.10.050. Prior: 1917 c 10 § 9; RRS § 4540. Formerly RCW 28.76.050.] 28B.10.050 Part headings not law—2004 c 275: See note following RCW 28B.76.030. Severability—1984 c 278: See note following RCW 28A.185.010. Effective date—1984 c 278: See note following RCW 28A.230.130. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.10.055 Credits—Statewide transfer policy and agreement—Establishment. See RCW 28B.76.240 and 28B.76.2401. 28B.10.055 28B.10.056 State enrollment and degree priority— Science and technology fields—Report to the legislature. (1) A state priority is established for institutions of higher education, including community colleges, to encourage growing numbers of enrollments and degrees in the fields of engineering, technology, biotechnology, sciences, computer sciences, and mathematics. (2) In meeting this state priority, the legislature understands and recognizes that the demands of the economic marketplace and the desires of students are not always on parallel tracks. Therefore, institutions of higher education shall determine local student demand for programs in the fields of engineering, technology, biotechnology, sciences, computer sciences, and mathematics and submit findings and proposed alternatives to meet demand to the higher education coordinating board and the legislature by November 1, 2008. (3) While it is understood that these areas of emphasis should not be the sole focus of institutions of higher education. It is the intent of the legislature that steady progress in these areas occur. The higher education coordinating board shall track and report progress in the fields of engineering, technology, biotechnology, sciences, computer sciences, and mathematics including, but not limited to, the following information: (a) The number of students enrolled in these fields on a biennial basis; (b) The number of associate, bachelor’s, and master’s degrees conferred in these fields on a biennial basis; (c) The amount of expenditures in enrollment and degree programs in these fields; and (d) The number and type of public-private partnerships established relating to these fields among institutions of higher education, including community colleges, and leading corporations in Washington state. (4) Institutions of higher education, including community colleges, shall be provided discretion and flexibility in achieving the objectives under this section. Examples of the 28B.10.056 (2008 Ed.) Colleges and Universities Generally types of institutional programs that may help achieve these objectives include, but are not limited to, establishment of institutes of technology, new polytechnic-based institutions, new divisions of existing institutions, and a flexible array of delivery models, including face-to-face learning, interactive courses, internet-based offerings, and instruction on main campuses, branch campuses, and other educational centers. (5) The legislature recognizes the global needs of the economic marketplace for technologically prepared graduates, and the relationship between technology industries and higher education. Institutions of higher education, including community colleges, are strongly urged to consider science, engineering, and technology program growth in areas of the state that exhibit a high concentration of aerospace, biotechnology, and technology industrial presence. Expanded science and technology programs can gain from the proximity of experienced and knowledgeable industry leaders, while industry can benefit from access to new sources of highly trained and educated graduates. [2006 c 180 § 2.] Findings—Intent—2006 c 180: "(1) The legislature recognizes the vital importance to the state’s economic prosperity and the economic benefit of placing a priority on enrolling and conferring degrees upon students in the fields of engineering, technology, biotechnology, science, computer science, and mathematics. (2) The legislature has significant concerns that other countries are outpacing the United States in graduating qualified engineers, and that major corporations within Washington state are searching out-of-state and even outside the United States to find the qualified and trained employees they need. (3) Data compiled by the technology alliance shows that Washington state ranks thirty-fourth among the fifty states in the percentage of residents who have earned a science or engineering degree, per capita. (4) Data collected by the office of financial management indicates that between the academic years of 1993-94 and 2003-04 at public four-year institutions of higher education in Washington state: (a) There was a twelve percent decline in the number of full-time equivalents enrolled in the fields of engineering and related technologies; and (b) There was nearly a nine percent decline in the number of bachelor’s degrees conferred in the fields of engineering and related technologies. (5) Data collected by the office of financial management also shows that for the 2003-04 academic year, only four percent of all full-time equivalents were enrolled in engineering and related technologies and just two percent of all full-time equivalents were enrolled in computer science studies at public four-year institutions of higher education in the state. (6) Therefore, it is the intent of the legislature to promote increased access, delivery models, enrollment slots, and degree opportunities in the fields of engineering, technology, biotechnology, sciences, computer sciences, and mathematics. It is recognized that these areas of study and training are integrally linked to ensuring that Washington state’s economy can compete nationally and globally in the twenty-first century marketplace. It is also recognized that community colleges play a unique role in supporting degree attainment in the fields of science, technology, engineering, and mathematics through the development of transferable curricula and the maintenance of viable articulation agreements with both public and private universities." [2006 c 180 § 1.] 28B.10.100 28B.10.100 "Major line" defined. The term "major line," whenever used in this code, shall be held and construed to mean the development of the work or courses of study in certain subjects to their fullest extent, leading to a degree or degrees in that subject. [1969 ex.s. c 223 § 28B.10.100. Prior: 1917 c 10 § 1; RRS § 4532. Formerly RCW 28.76.010.] 28B.10.105 28B.10.105 Courses exclusive to the University of Washington. See RCW 28B.20.060. (2008 Ed.) 28B.10.125 28B.10.106 Courses exclusive to Washington State University. See RCW 28B.30.060 and 28B.30.065. 28B.10.106 28B.10.115 Major lines common to University of Washington and Washington State University. The courses of instruction of both the University of Washington and Washington State University shall embrace as major lines, pharmacy, architecture, civil engineering, mechanical engineering, chemical engineering, and forest management as distinguished from forest products and logging engineering which are exclusive to the University of Washington. These major lines shall be offered and taught at said institutions only. [2003 c 82 § 1; 1985 c 218 § 1; 1969 ex.s. c 223 § 28B.10.115. Prior: 1963 c 23 § 2; 1961 c 71 § 2; prior: (i) 1917 c 10 § 8; RRS § 4539. (ii) 1917 c 10 § 4; RRS § 4535. Formerly RCW 28.76.080.] 28B.10.115 28B.10.120 Graduate work. Whenever a course is authorized to be offered and taught by this code, in any of the institutions herein mentioned, as a major line, it shall carry with it the right to offer, and teach graduate work in such major lines. [1969 ex.s. c 223 § 28B.10.120. Prior: 1917 c 10 § 7; RRS § 4538. Formerly RCW 28.76.100.] 28B.10.120 28B.10.125 Technology literacy—Reports. (1) Beginning in April 2000, representatives of the public baccalaureate institutions designated by the council of presidents, in consultation with representatives of the community and technical colleges and representatives of the higher education coordinating board, shall convene an interinstitutional group to begin to: (a) Develop a definition of information and technology literacy; (b) develop strategies or standards by which to measure the achievement of information and technology literacy; and (c) develop a financial assessment of the cost of implementation. (2) The baccalaureate institutions shall provide the house of representatives and senate committees on higher education with a progress report in January 2001. (3) By the end of January 2002, the baccalaureate institutions shall deliver to the house of representatives and senate committees on higher education a report detailing: (a) The definition of information and technology literacy; (b) strategies or standards for measurement; (c) institutionally specific plans for implementation; and (d) an evaluation of the feasibility of implementation taking into consideration cost. (4) If the legislature determines that implementation is feasible, the public baccalaureate institutions shall pilot test strategies to assess and report on information and technology literacy during the 2002-03 academic year. (5) By the end of January 2004, the institutions shall report to the house of representatives and senate committees on higher education the results of the 2002-03 pilot study. (6) Implementation of assessment strategies shall begin in the academic year 2003-04. (7) The higher education coordinating board shall report results to the house of representatives and senate committees on higher education in the 2005 legislative session. [2000 c 166 § 2.] 28B.10.125 Findings—2000 c 166: "The legislature finds that competence in information literacy and fluency in information technology are increasingly important in the workplace as well as in day-to-day activities. The legislature [Title 28B RCW—page 19] 28B.10.140 Title 28B RCW: Higher Education finds that to prepare students to meet the challenges of the workforce and society, students must be able to effectively manage and apply information from a variety of sources. In addition, the legislature finds that institutions of higher education have the opportunity to provide students with a framework and approach to use information and technology effectively." [2000 c 166 § 1.] 28B.10.140 Teachers’ training courses. The University of Washington, Washington State University, Central Washington University, Eastern Washington University, Western Washington University, and The Evergreen State College are each authorized to train teachers and other personnel for whom teaching certificates or special credentials prescribed by the Washington professional educator standards board are required, for any grade, level, department, or position of the public schools of the state. [2005 c 497 § 217; 2004 c 60 § 1; 1977 ex.s. c 169 § 10; 1969 ex.s. c 223 § 28B.10.140. Prior: 1967 c 47 § 17; 1949 c 34 § 1; Rem. Supp. 1949 § 4618-3. Formerly RCW 28.76.120.] 28B.10.140 Intent—Part headings not law—Effective date—2005 c 497: See notes following RCW 28A.305.011. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.10.170 College and university fees. 28B.15 RCW. 28B.10.170 See chapter 28B.10.270 Rights of Washington national guard and other military reserve students called to active service. (1) A member of the Washington national guard or any other military reserve component who is a student at an institution of higher education and who is ordered for a period exceeding thirty days to either active state service, as defined in RCW 38.04.010, or to federal active military service has the following rights: (a) With regard to courses in which the person is enrolled, the person may: (i) Withdraw from one or more courses for which tuition and fees have been paid that are attributable to the courses. The tuition and fees must be credited to the person’s account at the institution. Any refunds are subject to the requirements of the state or federal financial aid programs of origination. In such a case, the student shall not receive credit for the courses and shall not receive a failing grade, an incomplete, or other negative annotation on the student’s record, and the student’s grade point average shall not be altered or affected in any manner because of action under this item; (ii) Be given a grade of incomplete and be allowed to complete the course upon release from active duty under the institution’s standard practice for completion of incompletes; or (iii) Continue and complete the course for full credit. Class sessions the student misses due to performance of state or federal active military service must be counted as excused absences and must not be used in any way to adversely impact the student’s grade or standing in the class. Any student who selects this option is not, however, automatically excused from completing assignments due during the period the student is performing state or federal active military service. A letter grade or a grade of pass must only be awarded if, in the opinion of the faculty member teaching the course, the student has completed sufficient work and has demon28B.10.270 [Title 28B RCW—page 20] strated sufficient progress toward meeting course requirements to justify the grade; (b) To receive a refund of amounts paid for room, board, and fees attributable to the time period during which the student was serving in state or federal active military service and did not use the facilities or services for which the amounts were paid. Any refund of room, board, and fees is subject to the requirements of the state or federal financial aid programs of origination; and (c) If the student chooses to withdraw, the student has the right to be readmitted and enrolled as a student at the institution, without penalty or redetermination of admission eligibility, within one year following release from the state or federal active military service. (2) The protections in this section may be invoked as follows: (a) The person, or an appropriate officer from the military organization in which the person will be serving, must give written notice that the person is being, or has been, ordered to qualifying service; and (b) Upon written request from the institution, the person shall provide written verification of service. (3) This section provides minimum protections for students. Nothing in this section prevents institutions of higher education from providing additional options or protections to students who are ordered to state or federal active military service. [2004 c 161 § 1.] Effective date—2004 c 161: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 26, 2004]." [2004 c 161 § 7.] 28B.10.280 Student loans—Federal student aid programs. The boards of regents 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. [1977 ex.s. c 169 § 11; 1970 ex.s. c 15 § 27; 1969 ex.s. c 222 § 2; 1969 ex.s. c 223 § 28B.10.280. Prior: 1959 c 191 § 1. Formerly RCW 28.76.420.] 28B.10.280 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—1970 ex.s. c 15: See note following RCW 28A.230.160. Legislative declaration—Severability—1969 ex.s. c 222: See notes following RCW 28B.92.010. State educational trust fund—Established—Deposits—Use: RCW 28B.92.140. 28B.10.281 Student loans—Certain activities may make student ineligible for aid. Any student who organizes and/or participates in any demonstration, riot or other activity of which the effect is to interfere with or disrupt the normal educational process at such institution shall not be eligible for such aid. [1969 ex.s. c 222 § 3. Formerly RCW 28.76.421.] 28B.10.281 Legislative declaration—Severability—1969 ex.s. c 222: See notes following RCW 28B.92.010. (2008 Ed.) Colleges and Universities Generally 28B.10.284 Uniform minor student capacity to borrow act. See chapter 26.30 RCW. 28B.10.284 28B.10.293 Additional charges authorized in collection of debts—Public and private institutions of higher education. Each state public or private institution of higher education may, in the control and collection of any debt or claim due owing to it, impose reasonable financing and late charges, as well as reasonable costs and expenses incurred in the collection of such debts, if provided for in the note or agreement signed by the debtor. [1977 ex.s. c 18 § 1.] 28B.10.293 28B.10.295 Educational materials on abuses of, and illnesses consequent from, alcohol. The boards of regents of the state’s universities, the boards of trustees of the respective state colleges, and the boards of trustees of the respective community colleges, with the cooperation of the *state board for community college education, shall make available at some place of prominence within the premises of each campus educational materials on the abuses of alcohol in particular and the illnesses consequent therefrom in general: PROVIDED, That such materials shall be obtained from public or private organizations at no cost to the state. [1975 1st ex.s. c 164 § 2.] 28B.10.295 *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. Legislative recognition of community alcohol centers: "The legislature recognizes the invaluable services performed by the community alcohol centers throughout the state, which centers would view making available such educational materials as referred to in section 2 of this act as a part of their community outreach education and preventive program and for which material no fees would be charged." [1975 1st ex.s. c 164 § 1.] 28B.10.300 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Authorized. The boards of regents 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 (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 28B.10.300 (2008 Ed.) 28B.10.305 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. [1977 ex.s. c 169 § 13; 1973 1st ex.s. c 130 § 1; 1969 ex.s. c 223 § 28B.10.300. Prior: 1967 ex.s. c 107 § 1; 1963 c 167 § 1; 1961 c 229 § 2; prior: (i) 1950 ex.s. c 17 § 1, part; 1947 c 64 § 1, part; 1933 ex.s. c 23 § 1, part; 1925 ex.s. c 91 § 1, part; Rem. Supp. 1947 § 4543-1, part. (ii) 1947 c 64 § 2, part; 1933 ex.s. c 23 § 2, part; 1925 ex.s. c 91 § 2, part; Rem. Supp. 1947 § 4543-2, part. Formerly RCW 28.76.180.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Prior bonds validated: See 1961 c 229 § 10. 28B.10.305 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Use of lands, buildings, and facilities. The lands, buildings, facilities, and equipment acquired, constructed or installed for those purposes shall be used in the respective institutions primarily for: (1) dormitories (2) hospitals (3) infirmaries (4) dining halls (5) student activities 28B.10.305 [Title 28B RCW—page 21] 28B.10.310 Title 28B RCW: Higher Education (6) 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 (7) vehicular parking (8) student, faculty and employee housing and boarding. [1969 ex.s. c 223 § 28B.10.305. Prior: 1967 ex.s. c 107 § 2; 1963 c 167 § 2; 1961 c 229 § 3; prior: 1950 ex.s. c 17 § 1, part; 1947 c 64 § 1, part; 1933 ex.s. c 23 § 1, part; 1925 ex.s. c 91 § 1, part; Rem. Supp. 1947 § 4543-1, part. Formerly RCW 28.76.190.] 28B.10.310 28B.10.310 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Bonds—Sale, interest, form, payment, term, execution, negotiability, etc. Each issue or series of such bonds: Shall be sold at such price and at such rate or rates of interest; may be serial or term bonds; may mature at such time or times in not to exceed forty years from date of issue; may be sold at public or private sale; may be payable both principal and interest at such place or places; may be subject to redemption prior to any fixed maturities; may be in such denominations; may be payable to bearer or to the purchaser or purchasers thereof or may be registrable as to principal or principal and interest as provided in RCW 39.46.030; may be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon, which may include the creation and maintenance of a reserve fund or account to secure the payment of such principal and interest and a provision that additional bonds payable out of the same source or sources may later be issued on a parity therewith, and such other terms, conditions, covenants and protective provisions safeguarding such payment, all as determined and found necessary and desirable by said boards of regents or trustees. If found reasonably necessary and advisable, such boards of regents or trustees may select a trustee for the owners of each such issue or series of bonds and/or for the safeguarding and disbursements of the proceeds of their sale for the uses and purposes for which they were issued and, if such trustee or trustees are so selected, shall fix its or their rights, duties, powers, and obligations. The bonds of each such issue or series: Shall be executed on behalf of such universities or colleges by the president of the board of regents or the chairman of the board of trustees, and shall be attested by the secretary or the treasurer of such board, one of which signatures may be a facsimile signature; and shall have the seal of such university or college impressed, printed, or lithographed thereon, and any interest coupons attached thereto shall be executed with the facsimile signatures of said officials. The bonds of each such issue or series and any of the coupons attached thereto shall be negotiable instruments within the provisions and intent of the negotiable instruments law of this state even though they shall be payable solely from any special fund or funds. [1983 c 167 § 31; 1972 ex.s. c 25 § 1; 1970 ex.s. c 56 § 22; 1969 ex.s. c 232 § 96; 1969 ex.s. c 223 § 28B.10.310. Prior: 1961 c 229 § 7. Formerly RCW 28.76.192.] Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. [Title 28B RCW—page 22] Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 28B.10.315 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Funding, refunding bonds. Such boards of regents or trustees may from time to time provide for the issuance of funding or refunding revenue bonds to fund or refund at or prior to maturity any or all bonds of other indebtedness, including any premiums or penalties required to be paid to effect such funding or refunding, heretofore or hereafter issued or 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. Such funding or refunding bonds and any coupons attached thereto shall be negotiable instruments within the provisions and intent of the negotiable instruments law of this state. Such funding or refunding bonds may be exchanged for or applied to the payment of the bonds or other indebtedness being funded or refunded or may be sold in such manner and at such price, and at such rate or rates of interest as the boards of regents or trustees deem advisable, either at public or private sale. The provisions of this chapter relating to the maturities, terms, conditions, covenants, interest rate, issuance, and sale of revenue bonds shall be applicable to such funding or refunding bonds except as may be otherwise specifically provided in this section. [1983 c 167 § 32; 1970 ex.s. c 56 § 23; 1969 ex.s. c 232 § 97; 1969 ex.s. c 223 § 28B.10.315. Prior: 1961 c 229 § 8. Formerly RCW 28.76.194.] 28B.10.315 Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 28B.10.320 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Authority to be liberally construed—Future acquisitions and installations may be pledged for payment. The authority granted in RCW 28B.10.300 through 28B.10.330 and 28B.15.220 shall be liberally construed and shall apply to all lands, buildings, and facilities of the nature described in RCW 28B.10.300 heretofore or hereafter acquired, constructed, or installed and to any rentals, contract obligations, bonds or other indebtedness heretofore or hereafter issued or incurred to pay part or all of the cost thereof, and shall include authority to pledge for the amortization plan the net income from any and all existing and future lands, buildings and facilities of the nature described in RCW 28B.10.300 whether or not the same were originally financed hereunder or under predecessor statutes. [1969 ex.s. c 223 § 28B.10.320. Prior: 1961 c 229 § 9. Formerly RCW 28.76.196.] 28B.10.320 28B.10.325 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Rate of interest on obligations. The rate or rates of interest on the principal of 28B.10.325 (2008 Ed.) Colleges and Universities Generally any obligation made or incurred under the authority granted in RCW 28B.10.300 shall be as authorized by the board of regents or trustees. [1970 ex.s. c 56 § 24; 1969 ex.s. c 232 § 98; 1969 ex.s. c 223 § 28B.10.325. Prior: 1961 c 229 § 4; prior: 1950 ex.s. c 17 § 1, part; 1947 c 64 § 1, part; 1933 ex.s. c 23 § 1, part; 1925 ex.s. c 91 § 1, part; Rem. Supp. 1947 § 4353-1, part. Formerly RCW 28.76.200.] Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 28B.10.330 28B.10.330 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College—Nonliability of state. The state shall incur no liability by reason of the exercise of the authority granted in RCW 28B.10.300. [1969 ex.s. c 223 § 28B.10.330. Prior: 1961 c 229 § 5; prior: 1950 ex.s. c 17 § 1, part; 1947 c 64 § 1, part; 1933 ex.s. c 23 § 1, part; 1925 ex.s. c 91 § 1, part; Rem. Supp. 1947 § 4543-1, part. Formerly RCW 28.76.210.] 28B.10.335 28B.10.335 Validation of prior bond issues. All terms, conditions, and covenants, including the pledges of student activity fees, student use fees and student building use fees, special student fees or any similar fees charged to all full time students, or to all students, as the case may be, registering at the state’s colleges and universities, contained in all bonds heretofore issued 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 are hereby declared to be lawful and binding in all respects. [1973 1st ex.s. c 130 § 3.] 28B.10.400 (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. [2007 c 495 § 1; 2001 c 38 § 1; 2000 c 138 § 202; 1993 c 379 § 109; 1985 c 152 § 1; 1979 ex.s. c 12 § 1; 1977 ex.s. c 169 § 14; 1971 ex.s. c 258 § 1.] Purpose—Part headings not law—2000 c 138: See notes following RCW 39.04.155. Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029. Severability—1979 ex.s. c 12: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 12 § 3.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—1971 ex.s. c 258: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 258 § 3.] Subcontractors to be identified by bidder, when: RCW 39.30.060. 28B.10.354 High-performance public buildings requirements. Institutions of higher education must comply with high-performance public building[s] requirements under RCW 39.35D.010 through 39.35D.030 and 39.35D.060. [2005 c 12 § 8.] 28B.10.354 28B.10.350 28B.10.350 Construction work, remodeling, or demolition—Public bid—Exemption—Waiver—Prevailing rate of wage—Universities and The Evergreen State College. (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 fifty-five thousand dollars, or thirty-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 fiftyfive 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. (2008 Ed.) 28B.10.360 Educational and career opportunities in the military, student access to information on, when. If a public institution of higher education provides access to the campus and the student information directory to persons or groups which make students aware of occupational or educational options, the institution of higher education shall provide access on the same basis to official recruiting representatives of the military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military. [1980 c 96 § 2.] 28B.10.360 28B.10.400 Annuities and retirement income plans— Authorized. The boards of regents of the state universities, the boards of trustees of the regional universities and of The Evergreen State College, and the *state board for community college education are authorized and empowered: (1) To assist the faculties and such other employees as any such board may designate in the purchase of old age annuities or retirement income plans under such rules and regulations as any such board may prescribe. County agricultural agents, home demonstration agents, 4-H club agents, 28B.10.400 [Title 28B RCW—page 23] 28B.10.401 Title 28B RCW: Higher Education 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 hereof; (2) To provide, under such rules and regulations as any such board may prescribe for the faculty members or other employees under its supervision, for the retirement of any such faculty member or other 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 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 subsection (3) of this section and paid as a result of retirement earlier than age sixty-five shall be at an actuarially reduced rate; (3) To pay to any such retired person or to his designated beneficiary(s), each year after his 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 him or his designated beneficiary(s) in such year, will not exceed fifty percent of the average annual salary paid to such retired person for his highest two consecutive years of full time service under an annuity or retirement income plan established pursuant to subsection (1) of this section at an institution of higher education: PROVIDED, HOWEVER, That if such retired person prior to his retirement elected a supplemental payment survivors option, any such supplemental payments to such retired person or his 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 (3) of this section 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 (a) the surviving spouse of the retiree; or, (b) 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. [1979 ex.s. c 259 § 1; 1977 ex.s. c 169 § 15; 1975 1st ex.s. c 212 § 1; 1973 1st ex.s. c 149 § 1; 1971 ex.s. c 261 § 1; 1969 ex.s. c 223 § 28B.10.400. Prior: 1965 c 54 § 2; 1957 c 256 § 1; 1955 c 123 § 1; 1947 c 223 § 1; 1943 c 262 § 1; 1937 c 223 § 1; Rem. Supp. 1947 § 4543-11. Formerly RCW 28.76.240.] *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. Effective date—1979 ex.s. c 259: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately." [1979 ex.s. c 259 § 5.] Severability—1979 ex.s. c 259: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of [Title 28B RCW—page 24] the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 259 § 4.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—1973 1st ex.s. c 149: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 149 § 9.] Appropriation—1973 1st ex.s. c 149: "The sum of $1,611,650 is hereby appropriated from the general fund for the purpose of carrying out this 1973 amendatory act, to be allocated by the governor to the institutions of higher education." [1973 1st ex.s. c 149 § 10.] Effective date—1973 1st ex.s. c 149: "This 1973 amendatory act shall take effect on July 1, 1974." [1973 1st ex.s. c 149 § 11.] Severability—1971 ex.s. c 261: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 261 § 7.] 28B.10.401 Assumptions to be applied when establishing supplemental payment under RCW 28B.10.400(3). The boards of regents of the state universities, the boards of trustees of the state colleges, and the *state board for community college education, when establishing th e a m ou n t o f su p pl emen ta l pay m e n t u nd e r R CW 28B.10.400(3) 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. [1979 ex.s. c 259 § 3.] 28B.10.401 *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. Effective date—Severability—1979 ex.s. c 259: See notes following RCW 28B.10.400. 28B.10.405 Annuities and retirement income plans— Contributions by faculty and employees. Members of the faculties and such other employees as are designated by the boards of regents of the state universities, the boards of trustees of the regional universities and of The Evergreen State College, or the *state board for community college education shall be required to contribute not less than five percent of their salaries during each year of full time service after the first two years of such service toward the purchase of such annuity or retirement income plan; such contributions may be 28B.10.405 (2008 Ed.) Colleges and Universities Generally in addition to federal social security tax contributions, if any. [1977 ex.s. c 169 § 16; 1973 1st ex.s. c 149 § 2; 1971 ex.s. c 261 § 2; 1969 ex.s. c 223 § 28B.10.405. Prior: 1955 c 123 § 2; 1947 c 223 § 2; Rem. Supp. 1947 § 4543-12. Formerly RCW 28.76.250.] *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—Appropriation—Effective date—1973 1st ex.s. c 149: See notes following RCW 28B.10.400. Severability—1971 ex.s. c 261: See note following RCW 28B.10.400. 28B.10.407 Annuities and retirement income plans— Credit for authorized leaves of absence without pay. (1) A faculty member or other employee designated by the boards of regents of the state universities, the boards of trustees of the regional universities and The Evergreen State College, or the *state board for community college 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) 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. [1987 c 448 § 1.] 28B.10.407 *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. 28B.10.409 Annuities and retirement income plans— Membership while serving as state legislator. (1) On or after January 1, 1997, any employee who is on leave of absence from an institution in order to serve as a state legislator may elect to continue to participate in any annuity or retirement plan authorized under RCW 28B.10.400 during the period of such leave. (2) The institution shall pay the employee’s salary attributable to legislative service and shall match the employee’s retirement plan contributions based on the salary for the leave period. The state legislature shall reimburse the institution for the salary and employer contributions covering the leave period. 28B.10.409 (2008 Ed.) 28B.10.415 (3) "Institution" for purposes of this section means any institution or entity authorized to provide retirement benefits under RCW 28B.10.400. [1997 c 123 § 2.] 28B.10.410 28B.10.410 Annuities and retirement income plans— Limitation on institution’s contribution. The boards of regents of the state universities, the boards of trustees of the regional universities and of The Evergreen State College, or the *state board for community college education 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 as now or hereafter amended. 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. [1977 ex.s. c 169 § 17; 1973 1st ex.s. c 149 § 3; 1971 ex.s. c 261 § 3; 1969 ex.s. c 223 § 28B.10.410. Prior: 1955 c 123 § 3; 1947 c 223 § 3; Rem. Supp. 1947 § 4543-13. Formerly RCW 28.76.260.] *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—Appropriation—Effective date—1973 1st ex.s. c 149: See notes following RCW 28B.10.400. Severability—1971 ex.s. c 261: See note following RCW 28B.10.400. 28B.10.415 28B.10.415 Annuities and retirement income plans— Limitation on annuity or retirement income plan payment. The boards of regents of the state universities, the boards of trustees of the regional universities and of The Evergreen State College, or the *state board for community college education shall not pay any amount to be added to the annuity or retirement income plan of any retired person 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 subdivision (3) of RCW 28B.10.400 as now or hereafter amended, 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) 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 as now or hereafter amended. [1979 ex.s. c 259 § 2; 1977 ex.s. c 169 § 18; 1973 1st ex.s. c 149 § 4; 1971 ex.s. c 261 § 4; 1969 ex.s. c 223 § 28B.10.415. Prior: 1955 c 123 § 4; 1947 c 223 § 4; Rem. Supp. 1947 § 4543-14. Formerly RCW 28.76.270.] *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. [Title 28B RCW—page 25] 28B.10.417 Title 28B RCW: Higher Education Effective date—Severability—1979 ex.s. c 259: See notes following RCW 28B.10.400. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—Appropriation—Effective date—1973 1st ex.s. c 149: See notes following RCW 28B.10.400. Severability—1971 ex.s. c 261: See note following RCW 28B.10.400. bers 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. [1977 ex.s. c 169 § 19; 1971 ex.s. c 261 § 5.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—1971 ex.s. c 261: See note following RCW 28B.10.400. 28B.10.417 Annuities and retirement income plans— Rights and duties of faculty or employees with Washington state teachers’ retirement system credit—Regional universities and The Evergreen State College. (1) A faculty member or other employee designated by the board of trustees of the applicable regional 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 (2) 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 as now or hereafter amended. 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 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. (2) A faculty member or other employee designated by the board of trustees of the applicable regional 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 mem28B.10.417 [Title 28B RCW—page 26] 28B.10.420 Annuities and retirement income plans— Retirement at age seventy—Reemployment, conditions when. (1) Except as provided otherwise in subsection (2) of this section, faculty members or other employees designated by the boards of regents of the state universities, the boards of trustees of the regional universities or of The Evergreen State College, or the *state board for community college 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 of a state university, the board of trustees of a regional university or The Evergreen State College, or the *state board for community college 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 college education. [1979 c 14 § 1. Prior: 1977 ex.s. c 276 § 1; 1977 ex.s. c 169 § 20; 1973 1st ex.s. c 149 § 5; 1969 ex.s. c 223 § 28B.10.420; prior: 1947 c 223 § 5; Rem. Supp. 1947 § 4543-14a. Formerly RCW 28.76.280.] 28B.10.420 (2008 Ed.) Colleges and Universities Generally *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—Appropriation—Effective date—1973 1st ex.s. c 149: See notes following RCW 28B.10.400. Retirement, earliest age allowable: RCW 28B.10.400. "State universities," "regional universities," "state college," "institutions of higher education," and "postsecondary institutions" defined: RCW 28B.10.016. 28B.10.423 Annuities and retirement income plans— Limit on retirement income—Adjustment of rates. It is the intent of RCW 28B.10.400, 28B.10.405, 28B.10.410, 28B.10.415, 28B.10.420, 28B.10.423 and 83.20.030 that the retirement income resulting from the contributions described herein from the state of Washington and the employee shall be projected actuarially so that it shall not exceed sixty percent of the average of the highest two consecutive years salary. Periodic review of the retirement systems established pursuant to RCW 28B.10.400, 28B.10.405, 28B.10.410, 28B.10.415, 28B.10.420, 28B.10.423 and *83.20.030 will be undertaken at such time and in such manner as determined by the committees on ways and means of the senate and of the house of representatives and the public pension commission, and joint contribution rates will be adjusted if necessary to accomplish this intent. [1973 1st ex.s. c 149 § 8.] 28B.10.423 54. *Reviser’s note: RCW 83.20.030 was repealed by 1979 ex.s. c 209 § Severability—Appropriation—Effective date—1973 1st ex.s. c 149: See notes following RCW 28B.10.400. 28B.10.425 Additional pension for certain retired university faculty members or employees. Retired faculty members or employees of the University of Washington or Washington State University, who have reached age sixtyfive or are disabled from further service as of June 10, 1971, who at the time of retirement or disability were not eligible for federal old age, survivors, or disability benefit payments (social security), and who are receiving retirement income on July 1, 1970 pursuant to RCW 28B.10.400, shall, upon application approved by the board of regents of the institution retired from, receive an additional pension of three dollars per month for each year of full time service at such institution, including military leave. For periods of service that are less than full time service, the monthly rate of the pension shall be prorated accordingly to include such periods of service. [1971 ex.s. c 76 § 1.] 28B.10.425 28B.10.430 Annuities and retirement income plans— Minimum monthly benefit—Computation. (1) For any person receiving a monthly benefit pursuant to a program established under RCW 28B.10.400, the pension portion of such benefit shall be the sum of the following amounts: (a) One-half of the monthly benefit payable under such program by a life insurance company; and (b) The monthly equivalent of the supplemental benefit described in RCW 28B.10.400(3). (2) Notwithstanding any provision of law to the contrary, effective July 1, 1979, no person receiving a monthly benefit pursuant to RCW 28B.10.400 shall receive, as the pension 28B.10.430 (2008 Ed.) 28B.10.480 portion of that benefit, less than ten dollars per month for each year of service creditable to the person whose service is the basis of the benefit. Portions of a year shall be treated as fractions of a year and the decimal equivalent shall be multiplied by ten dollars. Where the benefit was adjusted at the time benefit payments to the beneficiary commenced, the minimum pension provided in this section shall be adjusted in a manner consistent with that adjustment. (3) Notwithstanding any provision of law to the contrary, effective July 1, 1979, the monthly benefit of each person who commenced receiving a monthly benefit under this chapter as of a date no later than July 1, 1974, shall be permanently increased by a post-retirement adjustment. Such adjustment shall be calculated as follows: (a) Monthly benefits to which this subsection and subsection (2) of this section are both applicable shall be determined by first applying subsection (2) and then applying this subsection. The department shall determine the total years of creditable service and the total dollar benefit base accrued as of December 31, 1978, except that this determination shall take into account only those persons to whom this subsection applies; (b) The department shall multiply the total benefits determined in (a) of this subsection by six percent and divide the dollar value thus determined by the total service determined in (a) of this subsection. The resultant figure shall then be a post-retirement increase factor which shall be applied as specified in (c) of this subsection; (c) Each person to whom this subsection applies shall receive an increase which is the product of the factor determined in (b) of this subsection multiplied by the years of creditable service. [1979 ex.s. c 96 § 5.] 28B.10.431 Annuities and retirement income plans— Monthly benefit—Post-retirement adjustment—Computation. Notwithstanding any provision of law to the contrary, effective July 1, 1983, the monthly benefit of each person who either is receiving a benefit pursuant to a program established under RCW 28B.10.400 for their service as of July 1, 1978, or commenced receiving a monthly benefit as a surviving spouse or written designated beneficiary with an insurable interest in the retiree as of a date no later than December 31, 1982, shall be permanently increased by a post-retirement adjustment of $.74 per month for each year of creditable service the faculty member or employee established with the annuity or retirement income plan. Any fraction of a year of service shall be counted in the computation of the post-retirement adjustment. [1983 1st ex.s. c 56 § 2.] 28B.10.431 Effective date—1983 1st ex.s. c 56: See note following RCW 2.12.046. 28B.10.480 Tax deferred annuities for employees. The regents or trustees of any of the state’s institutions of higher education are authorized to provide and pay for tax deferred annuities for their respective employees in lieu of a portion of salary or wages as authorized under the provisions of 26 U.S.C., section 403(b), as amended by Public Law 87370, 75 Stat. 796 as now or hereafter amended. [1969 ex.s. c 223 § 28B.10.480. Prior: 1965 c 54 § 1, part. Formerly RCW 28.02.120, part.] 28B.10.480 [Title 28B RCW—page 27] 28B.10.485 Title 28B RCW: Higher Education 28B.10.485 Charitable gift annuities, issuance of by universities and The Evergreen State College—Scope. 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. [1979 c 130 § 1.] 28B.10.485 Severability—1979 c 130: "If any provision of this 1979 act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 c 130 § 15.] Charitable gift annuity business: Chapter 48.38 RCW. Title 48 RCW not to apply to charitable gift annuities issued by university or state college: RCW 48.23.010. 28B.10.510 Attorney general as advisor. The attorney general of the state shall be the legal advisor to the presidents and the boards of regents and trustees of the institutions of higher education and he shall institute and prosecute or defend all suits in behalf of the same. [1973 c 62 § 3; 1969 ex.s. c 223 § 28B.10.510. Prior: 1909 c 97 p 242 § 8; RRS § 4560; prior: 1897 c 118 § 189; 1890 p 399 § 19. Formerly RCW 28.77.125; 28.76.300.] 28B.10.510 Savings—1973 c 62: "Nothing in this 1973 amendatory act shall be construed to affect any existing right acquired under the statutes amended or repealed herein or the term of office or election or appointment or employment of any person elected, appointed or employed under the statutes amended or repealed herein." [1973 c 62 § 26.] Severability—1973 c 62: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 c 62 § 28.] Attorney general’s powers in general: Chapter 43.10 RCW. Employment of attorneys by state agencies restricted: RCW 43.10.067. 28B.10.487 Charitable gift annuities, issuance of by universities and The Evergreen State College—Obligation as to annuity payments. 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. [1979 c 130 § 5.] 28B.10.487 Severability—1979 c 130: See note following RCW 28B.10.485. 28B.10.500 Removal of regents or trustees from universities and The Evergreen State College. No regent 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. [1977 ex.s. c 169 § 21; 1969 ex.s. c 223 § 28B.10.500. Prior: 1943 c 59 § 1; Rem. Supp. 1943 § 46031. Formerly RCW 28.76.290.] 28B.10.500 28B.10.520 Regents and trustees—Oaths. Each member of a board of regents or board of trustees of a university or other state institution of higher education, before entering upon his duties, shall take and subscribe an oath to discharge faithfully and honestly his duties and to perform strictly and impartially the same to the best of his ability, such oath to be filed with the secretary of state. [1977 ex.s. c 169 § 22; 1969 ex.s. c 223 § 28B.10.520. Prior: 1909 c 97 p 248 § 13; RRS § 4593; prior: 1897 c 118 § 202; 1891 c 145 § 14. Formerly RCW 28.80.140.] 28B.10.520 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.10.525 Regents and trustees—Travel expenses. Each member of a board of regents or board of trustees of a university or other state institution of higher education, shall be entitled to receive travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing or hereafter amended for each day or portion thereof in which he or she is actually engaged in business of the board. [1979 c 14 § 2. Prior: 1977 ex.s. c 169 § 23; 1977 ex.s. c 118 § 1; 1975-’76 2nd ex.s. c 34 § 72; 1969 ex.s. c 223 § 28B.10.525; prior: (i) 1939 c 176 § 1, part; 1927 c 227 § 1, part; 1909 c 97 p 240 § 5, part; RRS § 4557, part. Formerly RCW 28.77.130, part. (ii) 1909 c 97 p 249 § 14; RRS § 4594; prior: 1897 c 118 § 203; 1891 c 145 § 15. Formerly RCW 28.80.150.] 28B.10.525 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. 28B.10.528 Delegation of powers and duties by governing boards. The governing boards of institutions of higher education shall have power, when exercised by resolution, to delegate to the president or his designee, of their respective university or college, any of the powers and duties vested in or imposed upon such governing board by law. Delegated powers and duties may be exercised in the name of the respective governing boards. [1971 ex.s. c 57 § 21.] 28B.10.528 28B.10.550 Police forces for universities and The Evergreen State College—Authorized. The boards of 28B.10.550 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. [Title 28B RCW—page 28] (2008 Ed.) Colleges and Universities Generally regents 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. [1977 ex.s. c 169 § 24; 1969 ex.s. c 223 § 28B.10.550. Prior: 1965 ex.s. c 16 § 1; 1949 c 123 § 1; Rem. Supp. 1949 § 4543-16. Formerly RCW 28.76.310.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.10.555 Police forces for universities and The Evergreen State College—Powers. The members of a police force established under authority of RCW 28B.10.550, when appointed and duly sworn: (1) Shall be peace officers of the state and have such police powers as are vested in sheriffs and peace officers generally under the laws of this state; and (2) May exercise such powers upon state lands devoted mainly to the educational or research activities of the institution to which they were appointed; and (3) Shall have power to pursue and arrest beyond the limits of such state lands, if necessary, all or any violators of the rules or regulations herein provided for. [1969 ex.s. c 223 § 28B.10.555. Prior: 1965 ex.s. c 16 § 2; 1949 c 123 § 2; Rem. Supp. 1949 § 4543-17. Formerly RCW 28.76.320.] 28B.10.555 28B.10.560 Police forces for universities and The Evergreen State College—Establishment of traffic regulations—Adjudication of parking infractions—Appeal. (1) The boards of regents 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. [1983 c 221 § 1; 1977 ex.s. c 169 § 25; 1969 ex.s. c 223 § 28B.10.560. Prior: 1965 ex.s. c 16 § 3; 1949 c 123 § 3; Rem. Supp. 1949 § 4543-18. Formerly RCW 28.76.330.] 28B.10.560 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. (2008 Ed.) 28B.10.569 28B.10.567 28B.10.567 Police forces for universities and The Evergreen State College—Benefits for duty-related death, disability or injury. The boards of regents 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 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 surviving spouse or the legal guardian of his child or children, as defined in RCW 41.26.030(7), or his estate: PROVIDED, That the dutyrelated 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 surviving spouse, the legal guardian of his child or children, or his 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. [1987 c 185 § 2; 1977 ex.s. c 169 § 26; 1975-’76 2nd ex.s. c 81 § 1.] Intent—Severability—1987 c 185: See notes following RCW 51.12.130. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.10.569 28B.10.569 Crime statistics reporting—Campus safety plans—Memoranda of understanding and mutual aid agreements—Task forces—Contact information. (1) Each institution of higher education with a commissioned police force shall report to the Washington association of sheriffs and police chiefs or its successor agency, on a monthly basis, crime statistics for the Washington state uniform crime report, in the format required by the Washington association of sheriffs and police chiefs, or its successor agency. Institutions of higher education which do not have commissioned police forces shall report crime statistics through appropriate local law enforcement agencies. (2) Each institution of higher education shall publish and distribute a report which shall be updated annually and which shall include the crime statistics as reported under subsection (1) of this section for the most recent three-year period. Upon request, the institution shall provide the report to every person who submits an application for admission to either a main or branch campus, and to each new employee at the time of employment. In its acknowledgment of receipt of the formal application for admission, the institution shall notify the applicant of the availability of such information. The information also shall be provided on an annual basis to all students and employees. Institutions with more than one cam[Title 28B RCW—page 29] 28B.10.5691 Title 28B RCW: Higher Education pus shall provide the required information on a campus-bycampus basis. (3)(a) Within existing resources, each institution of higher education shall make available to all students, faculty, and staff, and upon request to other interested persons, a campus safety plan that includes, at a minimum, the following: (i) Data regarding: (A) Campus enrollments; (B) Campus nonstudent workforce profile; and (C) The number of campus security personnel; (ii) Policies, procedures, and programs related to: (A) Preventing and responding to violence and other campus emergencies; (B) Setting the weapons policy on campus; (C) Controlled substances as defined in RCW 64.44.010; and (D) Governing student privacy; (iii) Information about: (A) Sexual assault, domestic violence, and stalking, including contact information for campus and community victim advocates, information on where to view or receive campus policies on complaints, and the name and contact information of the individual or office to whom students and employees may direct complaints of sexual assault, stalking, or domestic violence; and (B) Sexual harassment, including contact information for campus and community victim advocates, information on where to view or receive campus policies on complaints, and the name and contact information of the individual or office to whom students and employees may direct complaints of sexual harassment; (iv) Descriptions of: (A) Mutual assistance arrangements with state and local police; (B) Methods and options that persons with disabilities or special needs have to access services and programs; (C) Escort and transportation services that provide for individual security; (D) Mental health and counseling services available to students, faculty, and staff; (E) Procedures for communicating with students, faculty, staff, the public, and the media, during and following natural and nonnatural emergencies. (b) The campus safety plan shall include, for the most recent academic year: (i) A description of programs and services offered by the institution and student-sponsored organizations that provide for crime prevention and counseling. The description must include a listing of the available services, the service locations, and how the services may be contacted; and (ii) For institutions maintaining student housing facilities, information detailing security policies and programs for those facilities. (c)(i) Institutions with a main campus and one or more branch campuses shall provide the information on a campusby-campus basis. (ii) Community and technical colleges shall provide such information for the main campuses only, and shall provide reasonable alternative information for any off-campus centers and affiliated college sites enrolling fewer than one hundred students. [Title 28B RCW—page 30] (4)(a) Each institution shall enter into memoranda of understanding that set forth responsibilities for the various local jurisdictions in the event of a campus emergency. (b) Each institution shall enter into mutual aid agreements with local jurisdictions regarding the shared use of equipment and technology in the event of a campus emergency. (c) Memoranda of understanding and mutual aid agreements shall be updated and included in campus safety plans. (5)(a) Each institution shall establish a task force that examines campus security and safety issues at least annually. Each task force shall include representation from the institution’s administration, faculty, staff, recognized student organizations, and police or security organization. (b) Each task force shall review the campus safety plan published and distributed under this section for its respective institution, in order to ensure its accuracy and effectiveness and to make any suggestions for improvement. (6) The president of each institution shall designate a specific individual responsible for monitoring and coordinating the institution’s compliance with this section and shall ensure that contact information for this individual is made available to all students, faculty, and staff. [2008 c 168 § 1; 1990 c 288 § 7.] 28B.10.5691 28B.10.5691 Campus safety—Institutional assessments—Updates—Reports. (1) Each institution of higher education shall take the following actions: (a) By October 30, 2008, submit a self-study assessing its ability to facilitate the safety of students, faculty, staff, administration, and visitors on each campus, including an evaluation of the effectiveness of these measures, an assessment of the institution’s ability to disseminate information in a timely and efficient manner to students, faculty, and staff, an evaluation of the institution’s ability to provide an appropriate level of mental health services, and an action plan and timelines describing plans to maximize program effectiveness for the next two biennia. Four-year institutions shall submit their studies to the higher education coordinating board. Community and technical colleges shall submit their studies to the state board for community and technical colleges. (b) By October 30th of each even-numbered year, beginning in 2010, each institution shall submit an update to its [campus safety] plan, including an assessment of the results of activities undertaken under any previous plan to address unmet safety issues, and additional activities, or modifications of current activities, to be undertaken to address remaining safety issues at the institution. (2) The higher education coordinating board and the state board for community and technical colleges shall report biennially, beginning December 31, 2010, to the governor and the higher education committees of the house of representatives and the senate on: (a) The efforts of each institution and the extent to which it has complied with RCW 28B.10.569 and subsection (1)(b) of this section; and (b) Recommendations on measures to assist institutions to ensure and enhance campus safety. [2008 c 168 § 2.] (2008 Ed.) Colleges and Universities Generally 28B.10.570 Interfering by force or violence with any administrator, faculty member or student unlawful— Penalty. (1) It shall be unlawful for any person, singly or in concert with others, to interfere by force or violence with any administrator, faculty member or student of any university, college or community college who is in the peaceful discharge or conduct of his or her duties or studies. (2) A person violating this section is guilty of a gross misdemeanor and shall be fined not more than five hundred dollars, or imprisoned in jail not more than six months, or both such fine and imprisonment. [2003 c 53 § 171; 1971 c 45 § 1; 1970 ex.s. c 98 § 1. Formerly RCW 28.76.600.] 28B.10.570 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Severability—1971 c 45: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not affected." [1971 c 45 § 8.] Severability—1970 ex.s. c 98: "If a court of competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section, or part of this act, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this act, but the effect thereof shall be confined to the clause, sentence, paragraph, section or part of this act so adjudged to be invalid or unconstitutional." [1970 ex.s. c 98 § 5.] Disturbing school, school activities or meetings—Penalty—Disposition of fines: RCW 28A.635.030. 28B.10.571 Intimidating any administrator, faculty member or student by threat of force or violence unlawful—Penalty. (1) It shall be unlawful for any person, singly or in concert with others, to intimidate by threat of force or violence any administrator, faculty member or student of any university, college or community college who is in the peaceful discharge or conduct of his or her duties or studies. (2) A person violating this section is guilty of a gross misdemeanor and shall be fined not more than five hundred dollars, or imprisoned in jail not more than six months, or both such fine and imprisonment. [2003 c 53 § 172; 1971 c 45 § 2; 1970 ex.s. c 98 § 2. Formerly RCW 28.76.601.] 28B.10.571 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Severability—1971 c 45: See note following RCW 28B.10.570. Severability—1970 ex.s. c 98: See note following RCW 28B.10.570. 28B.10.572 Certain unlawful acts—Disciplinary authority exception. The crimes defined in RCW 28B.10.570 and 28B.10.571 shall not apply to school administrators or teachers who are engaged in the reasonable exercise of their disciplinary authority. [2003 c 53 § 173; 1970 ex.s. c 98 § 3. Formerly RCW 28.76.602.] 28B.10.572 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. Severability—1970 ex.s. c 98: See note following RCW 28B.10.570. 28B.10.575 Student housing—Liquor prohibited, areas—Complaints regarding liquor and illegal drug use—Policies, procedures, sanctions. (1) Each public institution of higher education shall notify all students applying for college or university-owned student housing of the availability of housing in an area in which all liquor use is prohibited. 28B.10.575 (2008 Ed.) 28B.10.580 (2) Each public institution of higher education, upon request, shall provide students access to student housing on a residence hall floor, designated area, or in a building where liquor use is prohibited. (3) Each public institution shall have in place, and distribute to students in college or university-owned student housing, a process for reporting violations and complaints of liquor and illegal drug use. (4) Each public institution shall have in place, distribute to students, and vigorously enforce policies and procedures for investigating complaints regarding liquor and illegal drug use in college or university-owned student housing, including the sanctions that may be applied for violations of the institution’s liquor and illegal drug use policies. (5) Students who violate the institution’s liquor and illegal drug use policies are subject to disciplinary action. Sanctions that may be applied for violations of the institution’s liquor or illegal drug use policies include warnings, restitution for property damage, probation, expulsion from college or university-owned housing, and suspension from the institution. (6) As used in this section: (a) "Liquor" has the meaning in RCW 66.04.010; and (b) "Illegal drug use" refers to the unlawful use of controlled substances under chapter 69.50 RCW or legend drugs under chapter 69.41 RCW. [1996 c 17 § 2.] Policy—1996 c 17: "The state makes a substantial investment of finances and resources in students who are attending state institutions of higher education. In exchange, students are expected to actively pursue their education and contribute to an academic environment that is conducive to learning. Students who abuse liquor and drugs, however, are unable to make full use of this educational opportunity. More important, students who abuse liquor and drugs create an environment that interferes with the ability of other students to pursue their education. This is especially true in universityowned student housing where liquor and drug abuse contribute to noise, vandalism, theft, and violence. While the universities and colleges may not be able to stop all liquor and drug abuse among student populations, the very least they can do is ensure that the vast majority of students without drug or liquor problems are provided with a living environment that is safe and conducive to the pursuit of higher education." [1996 c 17 § 1.] 28B.10.580 Term papers, theses, dissertations, sale of prohibited—Legislative findings—Purpose. (1) The legislature finds that commercial operations selling term papers, theses, and dissertations encourages academic dishonesty, and in so doing impairs the public confidence in the credibility of institutions of higher education whether in this state or any other to function within their prime mission, that of providing a quality education to the citizens of this or any other state. (2) The legislature further finds that this problem, beyond the ability of these institutions to control effectively, is a matter of state concern, while at the same time recognizing the need for and the existence of legitimate research functions. It is the declared intent of RCW 28B.10.580 through 28B.10.584, therefore, that the state of Washington prohibit the preparation for sale or commercial sale of term papers, theses and dissertations: PROVIDED, That such legislation shall not affect legitimate and proper research activities: PROVIDED FURTHER, That such legislation does not impinge on the rights, under the First Amendment, of free28B.10.580 [Title 28B RCW—page 31] 28B.10.582 Title 28B RCW: Higher Education dom of speech, of the press, and of distributing information. [1981 c 23 § 1; 1979 c 43 § 1.] Severability—1981 c 23: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 23 § 3.] Severability—1979 c 43: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1979 c 43 § 4.] 28B.10.582 Term papers, theses, dissertations, sale of prohibited—Definitions. Unless the context clearly indicates otherwise, the words used in RCW 28B.10.580 through 28B.10.584 shall have the meaning given in this section: (1) "Person" means any individual, partnership, corporation, or association. (2) "Assignment" means any specific written, recorded, pictorial, artistic, or other academic task, including but not limited to term papers, theses, dissertations, essays, and reports, that is intended for submission to any postsecondary institution in fulfillment of the requirements of a degree, diploma, certificate, or course of study at any such educational institution. (3) "Prepare" means to create, write, or in any way produce in whole or substantial part a term paper, thesis, dissertation, essay, report, or other assignment for a monetary fee. (4) "Postsecondary institution" means any university, college, or other postsecondary educational institution. [1981 c 23 § 2; 1979 c 43 § 2.] 28B.10.582 Severability—1981 c 23: See note following RCW 28B.10.580. Severability—1979 c 43: See note following RCW 28B.10.580. 28B.10.584 Term papers, theses, dissertations, sale of prohibited—Violations enumerated—Exempted acts— Civil penalties—Injunctive relief. (1) No person shall prepare, offer to prepare, cause to be prepared, sell, or offer for sale to any other person, including any student enrolled in a postsecondary institution, any assignment knowing, or under the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial part under a student’s name in fulfillment of the requirements for a degree, diploma, certificate, or course of study at any postsecondary institution. (2) No person shall sell or offer for sale to any student enrolled in a postsecondary institution any assistance in the preparation, research or writing of an assignment knowing or under the circumstances having reason to know, that said assignment is intended for submission either in whole or substantial part under said student’s name to such educational institution in fulfillment of the requirements for a degree, diploma, certificate, or course of study. (3) Nothing contained in this section shall prevent any person from providing tutorial assistance, research material, information, or other assistance to persons enrolled in a postsecondary institution which is not intended for submission in whole or in substantial part as an assignment under the student’s name to such institution. Nor shall any person be prevented by this section from rendering services for a monetary fee which includes typing, assembling, transcription, reproduction, or editing of a manuscript or other assignment: 28B.10.584 [Title 28B RCW—page 32] PROVIDED, That such services are not rendered with the intent of making substantive changes in a manuscript or other assignment. (4) Any person violating any provision of RCW 28B.10.580, 28B.10.582 or 28B.10.584 shall be subject to civil penalties of not more than one thousand dollars for each violation. Any court of competent jurisdiction is hereby authorized to grant such further relief as is necessary to enforce the provisions of this section, including the issuance of an injunction. (5) Any person against whom a judgment has been entered pursuant to subsection (4) of this section, shall upon any subsequent violation of RCW 28B.10.580, 28B.10.582 or 28B.10.584 be subject to civil penalties not to exceed ten thousand dollars. Any court of competent jurisdiction is hereby authorized to grant such further relief as is necessary to enforce the provisions of this section, including the issuance of an injunction. (6) Actions for injunction under the provisions of this section may be brought in the name of the state of Washington upon the complaint of the attorney general or any prosecuting attorney in the name of the state of Washington. [1979 c 43 § 3.] Severability—1979 c 43: See note following RCW 28B.10.580. 28B.10.590 Course materials—Cost savings. (1) The boards of regents 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; and (iii) Disclose retail costs for course materials on a per course basis to faculty and staff and make this information publicly available; and (b) Faculty and staff members consider the least costly practices in assigning course materials, such as adopting the least expensive edition available when educational content is comparable as determined by the faculty and working closely with publishers and local bookstores to create bundles and packages if they deliver cost savings to students. (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. [2007 c 457 § 1; 2006 c 81 § 2.] 28B.10.590 Findings—Intent—2006 c 81: "The legislature finds that: (1) Often the bundling of texts, workbooks, CD-ROMs, and other course related materials is unnecessary since many students do not use all of the materials included and may realize cost savings if materials are also offered independently one from the other; and (2) Many faculty and staff select materials uninformed of the retail costs and differences between versions. It is the intent of the legislature to give students more choices for pur(2008 Ed.) Colleges and Universities Generally chasing educational materials and to encourage faculty and staff to work closely with bookstores and publishers to implement the least costly option without sacrificing educational content and to provide maximum cost savings to students." [2006 c 81 § 1.] 28B.10.592 College textbook information—Publishers’ duties. (1) Each publisher of college textbooks shall make immediately available to faculty of institutions of higher education: (a) The price at which the publisher would make the products available to the store run by or in a contractual relationship with the institution of higher education that would offer the products to students; and (b) The history of revisions for the products, if any. (2) For the purposes of this section: (a) "Immediately available" means with any marketing materials presented to a member of the faculty. (b) "Products" means all versions of a textbook or set of textbooks, except custom textbooks or special editions of textbooks, available in the subject area for which a faculty member is teaching a course, including supplemental items, both when sold together or separately from a textbook. [2007 c 186 § 1.] 28B.10.592 28B.10.600 District schools may be used for teacher training by universities and The Evergreen State College—Authority. The boards of regents of the state universities 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 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. [1977 ex.s. c 169 § 27; 1969 ex.s. c 223 § 28B.10.600. Prior: 1949 c 182 § 1; Rem. Supp. 1949 § 4543-40. Formerly RCW 28.76.350.] 28B.10.600 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Regional university model schools and training departments: RCW 28B.35.300 through 28B.35.315. The Evergreen State College model schools and training departments: RCW 28B.40.300 through 28B.40.315. 28B.10.605 District schools may be used for teacher training by universities and The Evergreen State College—Agreement for financing, organization, etc. 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. [1977 ex.s. c 169 § 28; 1969 ex.s. c 223 § 28B.10.605. Prior: 1949 c 182 § 2; Rem. Supp. 1949 § 4543-41. Formerly RCW 28.76.360.] 28B.10.605 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.10.618 Credit card marketing policies. (1)(a) Subject to subsection (2) of this section, institutions of higher 28B.10.618 (2008 Ed.) 28B.10.625 education shall develop policies regarding the marketing or merchandising of credit cards on institutional property to students, except as provided in newspapers, magazines, or similar publications or within any location of a financial services business regularly doing business on the institution’s property. (b) "Merchandising" means the offering of free merchandise or incentives to students as part of the credit card marketing effort. (c) "Student" means any student enrolled for one or more credit hours at an institution of higher education. (2) Institutions of higher education shall each develop official credit card marketing policies. The process of development of these policies must include consideration of student comments. The official credit card marketing policies must, at a minimum, include consideration of and decisions regarding: (a) The registration of credit card marketers; (b) Limitations on the times and locations of credit card marketing; and (c) Prohibitions on material inducements to complete a credit card application unless the student has been provided credit card debt education literature, which includes, but is not limited to, brochures of written or electronic information. (3)(a) The policies shall include the following elements: A requirement for credit card marketers to inform students about good credit management practices through programs developed in concert with the institution of higher education; and (b) A requirement to make the official credit card marketing policy available to all students upon their request. [2005 c 74 § 1.] 28B.10.620 Agreements for research work by private nonprofit corporations at universities—Authority. The boards of regents 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 shall prescribe, any educational, hospital, research or related activity which the boards of regents shall find will further the objects of the university. [1969 ex.s. c 223 § 28B.10.620. Prior: 1949 c 152 § 1; Rem. Supp. 1949 § 4543-30. Formerly RCW 28.76.370.] 28B.10.620 *Reviser’s note: Chapters 24.08 and 24.16 RCW were repealed by 1967 c 235; but see chapter 24.03 RCW, the Washington nonprofit corporation act. 28B.10.625 Agreements for research work by private nonprofit corporations at universities—Funds may be expended in cooperative effort. The boards of regents 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. [1969 ex.s. c 223 § 28B.10.625. Prior: 1949 c 152 § 2; Rem. Supp. 1949 § 4543-31. Formerly RCW 28.76.380.] 28B.10.625 [Title 28B RCW—page 33] 28B.10.640 Title 28B RCW: Higher Education 28B.10.640 Student associations to contract for certain purchases, concessions, printing, etc.—Procedure. The associated students of the University of Washington, the associated students of Washington State University, 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 universities or of The Evergreen State College or community colleges, or to printing done on presses owned or operated by their respective institutions. [1977 ex.s. c 169 § 29; 1969 ex.s. c 223 § 28B.10.640. Prior: 1967 ex.s. c 8 § 50; 1957 c 212 § 1. Formerly RCW 28.76.390.] 28B.10.640 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.10.648 Employees—Peer review committees— Members’ immunity—Proceedings—Statement of reasons—Legal representation of members. (1) Employees, agents, or students of institutions of higher education serving on peer review committees which recommend or decide on appointment, reappointment, tenure, promotion, merit raises, dismissal, or other disciplinary measures for employees of the institution, are immune from civil actions for damages arising from the good faith performance of their duties as members of the committees. Individuals who provide written or oral statements in support of or against a person reviewed are also immune from civil actions if their statements are made in good faith. (2) Peer review proceedings shall be pursuant to rules and regulations promulgated by the respective institutions of higher education. (3) Upon the request of an evaluated person, the appropriate administrative officer of the institution shall provide a statement of the reasons of the peer review committees and of participating administrative officers for a final unfavorable 28B.10.648 [Title 28B RCW—page 34] decision on merit, promotion, tenure or reappointment. In the case of a disciplinary or dismissal proceeding, a statement of reasons shall be provided by the reviewing committee to the evaluated person for any decision unfavorable to such person. (4) The institutions of higher education shall provide legal representation for any past or current members of the peer review committee and for individuals who testify orally or in writing in good faith before such committee in any legal action which may arise from committee proceedings. [1984 c 137 § 1.] Severability—1984 c 137: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 137 § 2.] 28B.10.650 Remunerated professional leaves for faculty members of institutions of higher education. 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 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 FUR28B.10.650 (2008 Ed.) Colleges and Universities Generally THER, 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. [2004 c 275 § 45; 1985 c 370 § 53; 1981 c 113 § 1; 1979 c 44 § 1; 1979 c 14 § 3. Prior: 1977 ex.s. c 173 § 1; 1977 ex.s. c 169 § 30; 1969 ex.s. c 223 § 28B.10.650; prior: 1959 c 155 § 1. Formerly RCW 28.76.400.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. Effective date—1977 ex.s. c 173: "This act shall take effect on July 1, 1977." [1977 ex.s. c 173 § 4.] Severability—1977 ex.s. c 173: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 173 § 3.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.10.660 28B.10.660 Insurance or protection authorized— Premiums—Health benefits for graduate student appointees. (1) The governing boards of any of the state’s institutions of higher education may make available liability, life, health, health care, accident, disability and salary protection or insurance or any one of, or a combination of, the enumerated types of insurance, or any other type of insurance or protection, for the regents or trustees and students of the institution. Except as provided in subsection (2) of this section, the premiums due on such protection or insurance shall be borne by the assenting regents, trustees, or students. The regents or trustees of any of the state institutions of higher education may make liability insurance available for employees of the institutions. The premiums due on such liability insurance shall be borne by the university or college. (2) A governing board of a public four-year institution of higher education may make available, and pay the costs of, health benefits for graduate students holding graduate service appointments, designated as such by the institution. Such health benefits may provide coverage for spouses and dependents of such graduate student appointees. [1993 sp.s. c 9 § 1; 1979 ex.s. c 88 § 1. Prior: 1973 1st ex.s. c 147 § 4; 1973 1st ex.s. c 9 § 2; 1971 ex.s. c 269 § 3; 1969 ex.s. c 237 § 4; 1969 ex.s. c 223 § 28B.10.660; prior: 1967 c 135 § 2, part; 1959 c 187 § 1, part. Formerly RCW 28.76.410, part.] Effective date—Effect of veto—Savings—Severability—1973 1st ex.s. c 147: See notes following RCW 41.05.050. Seve ra bi li ty—1 971 e x.s. c 269 : Se e no te fo llo wing R CW 28A.400.350. (2008 Ed.) 28B.10.685 28B.10.665 Liability insurance for officers and employees authorized. See RCW 36.16.138. 28B.10.665 28B.10.679 Washington mathematics placement test—Mathematics college readiness test. (1) By September 1, 2008, the state board for community and technical colleges, the council of presidents, the higher education coordinating board, and the office of the superintendent of public instruction, under the leadership of the transition math project and in collaboration with representatives of public two and four-year institutions of higher education, shall jointly revise the Washington mathematics placement test to serve as a common college readiness test for all two and four-year institutions of higher education. (2) The revised mathematics college readiness test shall be implemented by all public two and four-year institutions of higher education by September 1, 2009. All public two and four-year institutions of higher education must use a common performance standard on the mathematics placement test for purposes of determining college readiness in mathematics. The performance standard must be publicized to all high schools in the state. [2007 c 396 § 10.] 28B.10.679 Capt ion s n ot l aw— 200 7 c 396 : See no te fol lo win g R CW 28A.305.215. Finding—Intent—2007 c 396: See note following RCW 28A.300.515. 28B.10.680 Precollege course work—Findings— Intent. The legislature finds that some college students who have recently graduated from high school must immediately enroll in one or more precollege classes before they can proceed successfully through college. The legislature also finds that these students should have received basic skills in English, reading, spelling, grammar, and mathematics before graduating from high school. It is the intent of the legislature that colleges and universities provide information to school districts about recent graduates who enroll in precollege classes. It is also the intent of the legislature to encourage institutions of higher education and the common schools to work together to solve problems of common concern. [1995 c 310 § 1.] 28B.10.680 28B.10.682 Precollege course work—Adoption of definitions. By June 30, 1996, in consultation with the commission on student learning, the superintendent of public instruction, the state board of education, faculty, teachers from institutions of higher education and high schools, and others as appropriate, the higher education coordinating board shall adopt common definitions of remedial and precollege material and course work. The definitions adopted by the board shall be rigorous, challenging students to come to college well prepared to engage in college and university work, and shall be adopted by each institution of higher education as defined in RCW 28B.10.016. [1995 c 310 § 2.] 28B.10.682 28B.10.685 Precollege course work—Enrollment information—Report. 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 28B.10.685 [Title 28B RCW—page 35] 28B.10.690 Title 28B RCW: Higher Education 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. [1995 c 310 § 3.] *Reviser’s note: RCW 28A.630.885 was recodified as RCW 28A.655.060 pursuant to 1999 c 388 § 607. RCW 28A.655.060 was subsequently repealed by 2004 c 19 § 206. 28B.10.690 28B.10.690 Graduation rate improvement—Findings. The legislature finds that, in public colleges and universities, improvement is needed in graduation rates and in the length of time required for students to attain their educational objectives. The legislature also finds that public colleges and universities should offer classes in a way that will permit fulltime students to complete a degree or certificate program in about the amount of time described in the institution’s catalog as necessary to complete that degree or certificate program. [1993 c 414 § 1.] 28B.10.691 28B.10.691 Graduation rate improvement—Strategic plans—Adoption of strategies. (1) By May 15, 1994, each state institution of higher education, as part of its strategic plan, shall adopt strategies designed to shorten the time required for students to complete a degree or certificate and to improve the graduation rate for all students. (2) Beginning with the fall 1995-96 academic term, each institution of higher education as defined in RCW 28B.10.016 shall implement the strategies described in subsection (1) of this section. [1993 c 414 § 2.] 28B.10.693 28B.10.693 Graduation rate improvement—Student progression understandings. Each institution of higher education as defined in RCW 28B.10.016 may enter into a student progression understanding with an interested student. The terms of the understanding shall permit a student to obtain a degree or certificate within the standard period of time assumed for a full-time student pursuing that degree or certificate. Usually, the standard amount of time will be about two years for an associate of arts degree and about four years for a baccalaureate degree. Student progression understandings shall not give rise to any cause of action on behalf of any student as a result of the failure of any state institution of higher education to fulfill its obligations under the student progression understanding. [1993 c 414 § 4.] [Title 28B RCW—page 36] 28B.10.695 28B.10.695 Timely completion of degree and certificate programs—Adoption of policies. (1) Each four-year institution of higher education and the state board for community and technical colleges shall develop policies that ensure undergraduate students enrolled in degree or certificate programs complete their programs in a timely manner in order to make the most efficient use of instructional resources and provide capacity within the institution for additional students. (2) Policies adopted under this section shall address, but not be limited to, undergraduate students in the following circumstances: (a) Students who accumulate more than one hundred twenty-five percent of the number of credits required to complete their respective baccalaureate or associate degree or certificate programs; (b) Students who drop more than twenty-five percent of their course load before the grading period for the quarter or semester, which prevents efficient use of instructional resources; and (c) Students who remain on academic probation for more than one quarter or semester. (3) Policies adopted under this section may include assessment by the institution of a surcharge in addition to regular tuition and fees to be paid by a student for continued enrollment. [2003 c 407 § 1.] 28B.10.700 28B.10.700 Physical education in curriculum. The *state board for community college education, the boards of trustees of the regional universities and of The Evergreen State College, and the boards of regents 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. [1977 ex.s. c 169 § 31; 1969 ex.s. c 223 § 28B.10.700. Prior: 1963 c 235 § 1, part; prior: (i) 1923 c 78 § 1, part; 1919 c 89 § 2, part; RRS § 4683, part. (ii) 1919 c 89 § 5, part; RRS § 4686, part. Formerly RCW 28.05.040, part.] *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.10.703 28B.10.703 Programs for intercollegiate athletic competition—Authorized. 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. [1977 ex.s. c 169 § 32; 1971 ex.s. c 28 § 2.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. (2008 Ed.) Colleges and Universities Generally 28B.10.704 Funds for assistance of student participants in intercollegiate activities or activities relating to performing arts. Funds used for purposes of providing scholarships or other forms of financial assistance to students in return for participation in intercollegiate athletics in accordance with RCW 28B.10.703 shall include but not be limited to moneys received as contributed or donated funds, or revenues derived from athletic events, including gate receipts and revenues obtained from the licensing of radio and television broadcasts. Funds used for purposes of providing scholarships or other forms of financial assistance to students in return for participation in curriculum-related activities relating to performing arts shall include but not be limited to moneys received as contributed or donated funds, or revenues derived from performing arts events, including admission receipts and revenues obtained from the licensing of radio and television broadcasts. [1979 ex.s. c 1 § 1; 1973 1st ex.s. c 46 § 9; 1971 ex.s. c 28 § 3.] 28B.10.704 Severability—1973 1st ex.s. c 46: "If any provision of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 46 § 11.] 28B.10.710 Washington state or Pacific Northwest history in curriculum. There shall be a one quarter or semester course in either Washington state history and government, or Pacific Northwest history and government in the curriculum of all teachers’ colleges and teachers’ courses in all institutions of higher education. No person shall be graduated from any of said schools without completing said course of study, unless otherwise determined by the Washington professional educator standards board. Any course in Washington state or Pacific Northwest history and government used to fulfill this requirement shall include information on the culture, history, and government of the American Indian peoples who were the first human inhabitants of the state and the region. [2006 c 263 § 823; 1993 c 77 § 1; 1969 ex.s. c 223 § 28B.10.710. Prior: 1967 c 64 § 1, part; 1963 c 31 § 1, part; 1961 c 47 § 2, part; 1941 c 203 § 1, part; Rem. Supp. 1941 § 4898-3, part. Formerly RCW 28.05.050, part.] 28B.10.710 Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. 28B.10.730 AIDS information—Four-year institutions. The governing board of each state four-year institution of higher education shall make information available to all newly matriculated students on methods of transmission of the human immunodeficiency virus and prevention of acquired immunodeficiency syndrome. The curricula and materials shall be reviewed for medical accuracy by the office on AIDS in coordination with the appropriate regional AIDS service network. [1988 c 206 § 501.] 28B.10.730 Severability—1988 c 206: See RCW 70.24.900. 28B.10.776 Budget calculation—Enrollment levels— Participation rate. It is the policy of the state of Washington that the essential requirements level budget calculation for institutions of higher education include enrollment levels necessary to maintain, by educational sector, the participation rate funded in the 1993 fiscal year. The participation rate 28B.10.776 (2008 Ed.) 28B.10.782 shall be based on the state’s estimated population ages seventeen and above by appropriate age groups. [1993 sp.s. c 15 § 2.] Findings—1993 sp.s. c 15: "The legislature finds that the proportion of the state budget dedicated to postsecondary educational programs has decreased for two decades. At the same time, major technological, economic, and demographic changes have exacerbated the need for improved training and education to maintain a high quality, competitive workforce, and a well-educated populace to meet the challenges of the twenty-first century. Therefore, the legislature finds that there is increasing need for postsecondary educational opportunities for citizens of the state of Washington. The legislature declares that the policy of the state of Washington shall be to improve the access to, and the quality of, this state’s postsecondary educational system. The budgetary policy of the state of Washington shall be to provide a level of protection and commitment to the state’s postsecondary educational system commensurate with the responsibility of this state to the educational and professional improvement of its citizens and workforce." [1993 sp.s. c 15 § 1.] Effective date—1993 sp.s. c 15: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 sp.s. c 15 § 10.] 28B.10.778 Budget calculation—New enrollments— Funding level—Inflation factor. It is the policy of the state of Washington that, for new enrollments provided under RCW 28B.10.776, the essential requirements level budget calculation for those enrollments shall, each biennium, at a minimum, include a funding level per full-time equivalent student that is equal to the rate assumed in the omnibus appropriations act for the last fiscal year of the previous biennium for the instructional, primary support, and library programs, plus an inflation factor. The inflation factor should be equivalent to the inflation factor used to calculate basic education in the common school system budget request submitted by the governor. [1993 sp.s. c 15 § 3.] 28B.10.778 Findings—Effective date—1993 sp.s. c 15: See notes following RCW 28B.10.776. 28B.10.780 Budget calculation—Funding level. It is the policy of the state of Washington that the essential requirements level budget calculation for state institutions of higher education include a funding level per full-time equivalent student that is, each biennium, at a minimum, equal to the general fund— state and tuition fund rate per student assumed in the omnibus appropriations act for the last fiscal year of the previous biennium for the state-funded programs, minus one-time expenditures and plus an inflation factor. The inflation factor should be equivalent to the inflation factor used to calculate basic education in the common school system budget request submitted by the governor. [1993 sp.s. c 15 § 4.] 28B.10.780 Findings—Effective date—1993 sp.s. c 15: See notes following RCW 28B.10.776. 28B.10.782 Budget calculation—Increased enrollment target level—Availability of information. It is the policy of the state of Washington that higher education enrollments be increased in increments each biennium in order to achieve, by the year 2010, the goals, by educational sector, adopted by the higher education coordinating board in its enrollment plan entitled "Design for the 21st Century: Expanding Higher Education Opportunities in Washington," or subsequent revisions adopted by the board. 28B.10.782 [Title 28B RCW—page 37] 28B.10.784 Title 28B RCW: Higher Education Per student costs for additional students to achieve this policy shall be at the same rate per student as enrollments mandated in RCW 28B.10.776. For each public college and university, and for the community and technical college system, budget documents generated by the governor and the legislature in the development and consideration of the biennial omnibus appropriations act shall display an enrollment target level. The enrollment target level is the biennial state-funded enrollment increase necessary to fulfill the state policy set forth in this section. The budget documents shall compare the enrollment target level with the state-funded enrollment increases contained in the biennial budget proposals of the governor and each house of the legislature. The information required by this section shall be set forth in the budget documents so that enrollment and cost information concerning the number of students and additional funds needed to reach the enrollment goals are prominently displayed and easily understood. For the governor’s budget request, the information required by this section shall be made available in the document entitled "Operating Budget Supporting Data" or its successor document. [1993 sp.s. c 15 § 5.] Findings—Effective date—1993 sp.s. c 15: See notes following RCW 28B.10.776. 28B.10.784 Budget calculation—Participation rate and enrollment level estimates—Recommendations to governor and legislature. The participation rate used to calculate enrollment levels under RCW 28B.10.776 and 28B.10.782 shall be based on fall enrollment reported in the higher education enrollment report as maintained by the office of financial management, fall enrollment as reported in the management information system of the state board for community and technical colleges, and the corresponding fall population forecast by the office of financial management. Formal estimates of the state participation rates and enrollment levels necessary to fulfill the requirements of RCW 28B.10.776 and 28B.10.782 shall be determined by the office of financial management as part of its responsibility to develop and maintain student enrollment forecasts for colleges and universities under RCW 43.62.050. Formal estimates of the state participation rates and enrollment levels required by this section shall be based on procedures and standards established by a technical work group consisting of staff from the higher education coordinating board, the public four-year institutions of higher education, the state board for community and technical colleges, the fiscal and higher education committees of the house of representatives and the senate, and the office of financial management. Formal estimates of the state participation rates and enrollment levels required by this section shall be submitted to the fiscal committees of the house of representatives and senate on or before November 15th of each even-numbered year. The higher education coordinating board shall periodically review the enrollment goals set forth in RCW 28B.10.776 and 28B.10.782 and submit recommendations concerning modification of these goals to the governor and to the higher education committees of the house of representatives and the senate. [1993 sp.s. c 15 § 6.] 28B.10.784 Findings—Effective date—1993 sp.s. c 15: See notes following RCW 28B.10.776. [Title 28B RCW—page 38] 28B.10.786 28B.10.786 Budget calculation—Student financial aid programs. It is the policy of the state of Washington that financial need not be a barrier to participation in higher education. It is also the policy of the state of Washington that the essential requirements level budget calculation include funding for state student financial aid programs. The calculation should, at a minimum, include a funding level equal to the amount provided in the second year of the previous biennium in the omnibus appropriations act, adjusted for the percentage of needy resident students, by educational sector, likely to be included in any enrollment increases necessary to maintain, by educational sector, the participation rate funded in the 1993 fiscal year. The calculation should also be adjusted to reflect, by educational sector, any increases in cost of attendance. The cost of attendance figures should be calculated by the higher education coordinating board and provided to the office of financial management and appropriate legislative committees by June 30th of each even-numbered year. [1993 sp.s. c 15 § 7.] Findings—Effective date—1993 sp.s. c 15: See notes following RCW 28B.10.776. 28B.10.790 28B.10.790 State student financial aid program— Certain residents attending college or university in another state, applicability to—Authorization. Washington residents attending any nonprofit college or university in another state which has a reciprocity agreement with the state of Washington shall be eligible for the student financial aid program outlined in chapter 28B.92 RCW if (1) they qualify as a "needy student" under RCW 28B.92.030(3), and (2) the institution attended is a member institution of an accrediting association recognized by rule of the higher education coordinating board for the purposes of this section and is specifically encompassed within or directly affected by such reciprocity agreement and agrees to and complies with program rules and regulations pertaining to such students and institutions adopted pursuant to RCW 28B.92.150. [2004 c 275 § 44; 1985 c 370 § 54; 1980 c 13 § 1.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. Severability—1980 c 13: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 13 § 3.] 28B.10.792 28B.10.792 State student financial aid program— Certain residents attending college or university in another state, applicability to—Guidelines. The higher education coordinating board shall develop guidelines for determining the conditions under which an institution can be determined to be directly affected by a reciprocity agreement for the purposes of RCW 28B.10.790: PROVIDED, That no institution shall be determined to be directly affected unless students from the county in which the institution is located are provided, pursuant to a reciprocity agreement, access to Washington institutions at resident tuition and fee rates to the extent authorized by Washington law. [1985 c 370 § 55; 1980 c 13 § 2.] Severability—1980 c 13: See note following RCW 28B.10.790. (2008 Ed.) Colleges and Universities Generally 28B.10.825 Institutional student loan fund for needy students. The board of trustees or regents of each of the state’s colleges or universities may allocate from services and activities fees an amount not to exceed one dollar per quarter or one dollar and fifty cents per semester to an institutional student loan fund for needy students, to be administered by such rules or regulations as the board of trustees or regents may adopt: PROVIDED, That loans from such funds shall not be made for terms exceeding twelve months, and the true annual rate of interest charged shall be six percent. [1971 ex.s. c 279 § 4.] 28B.10.825 Severability—1971 ex.s. c 279: See note following RCW 28B.15.005. Colleges and universities defined: RCW 28B.15.005. 28B.10.840 Definitions for purposes of RCW 28B.10.840 through 28B.10.844. The term "institution of higher education" whenever used in RCW 28B.10.840 through 28B.10.844, shall be held and construed to mean any public institution of higher education in Washington. The term "edu cational bo ard" whenever us ed in R CW 28B.10.840 through 28B.10.844, shall be held and construed to mean the *state board for community college education and the higher education coordinating board. [1985 c 370 § 57; 1975 1st ex.s. c 132 § 17; 1972 ex.s. c 23 § 1.] 28B.10.840 *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. Effective date—Severability—1975 1st ex.s. c 132: See notes following RCW 28B.76.110. 28B.10.842 Actions against regents, trustees, officers, employees, or agents of institutions of higher education or educational boards—Defense—Costs—Payment of obligations from liability account. Whenever any action, claim, or proceeding is instituted against any regent, trustee, officer, employee, or agent of an institution of higher education or member of the governing body, officer, employee, or agent of an educational board arising out of the performance or failure of performance of duties for, or employment with such institution or educational board, the board of regents or board of trustees of the institution or governing body of the educational board may grant a request by such person that the attorney general be authorized to defend said claim, suit, or proceeding, and the costs of defense of such action shall be paid as provided in RCW 4.92.130. If a majority of the members of a board of regents or trustees or educational board is or would be personally affected by such findings and determination, or is otherwise unable to reach any decision on the matter, the attorney general is authorized to grant a request. When a request for defense has been authorized, then any obligation for payment arising from such action, claim, or proceedings shall be paid from the liability account, notwithstanding the nature of the claim, pursuant to the provisions of *RCW 4.92.130 through 4.92.170, as now or hereafter amended: PROVIDED, That this section shall not apply unless the authorizing body has made a finding and determination by resolution that such regent, trustee, member of the educational board, officer, employee, or agent was acting in good faith. [1999 c 163 § 7; 1975 c 40 § 4; 1972 ex.s. c 23 § 2.] 28B.10.842 (2008 Ed.) 28B.10.851 *Reviser’s note: RCW 4.92.140 and 4.92.170 were repealed by 1989 c 419 § 18, effective July 1, 1989. Effective date—1999 c 163: See note following RCW 4.92.130. Liability coverage of university personnel and students: RCW 28B.20.250 through 28B.20.255. 28B.10.844 Regents, trustees, officers, employees or agents of institutions of higher education or educational boards, insurance to protect and hold personally harmless. The board of regents and the board of trustees of each of the state’s institutions of higher education and governing body of an educational board are authorized to purchase insurance to protect and hold personally harmless any regent, trustee, officer, employee or agent of their respective institution, any member of an educational board, its officers, employees or agents, from any action, claim or proceeding instituted against him arising out of the performance or failure of performance of duties for or employment with such institution or educational board and to hold him harmless from any expenses connected with the defense, settlement or monetary judgments from such actions. [1972 ex.s. c 23 § 3.] 28B.10.844 Liability coverage of university personnel and students: RCW 28B.20.250 through 28B.20.255. 28B.10.850 Capital improvements, bonds for— Authorized—Form, terms, conditions, sale, signatures. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for the institutions of higher education, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of thirty million two hundred thousand dollars or so much thereof as shall be required to finance the capital projects relating to the institutions of higher education as set forth in the capital appropriations act, chapter 114, Laws of 1973 1st ex. sess., to be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the Constitution of the state of Washington. The state finance committee is authorized to prescribe the form of such bonds, and the time of sale of all or any portion or portions of such bonds, and the conditions of sale and issuance thereof. The bonds shall pledge the full faith and credit of the state of Washington and contain an unconditional promise to pay the principal and interest when due. The committee may provide that the bonds, or any of them, may be called prior to the due date thereof under such terms and conditions as it may determine. The state finance committee may authorize the use of facsimile signatures in the issuance of the bonds. [1985 ex.s. c 4 § 13; 1973 1st ex.s. c 135 § 1.] 28B.10.850 Severability—1985 ex.s. c 4: See RCW 43.99G.900. Severability—1973 1st ex.s. c 135: "If any provision of this 1973 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1973 1st ex.s. c 135 § 7.] 28B.10.851 Capital improvements, bonds for— Account created, purpose. The proceeds from the sale of the bonds authorized herein, together with all grants, donations, transferred funds and all other moneys which the state 28B.10.851 [Title 28B RCW—page 39] 28B.10.852 Title 28B RCW: Higher Education finance committee may direct the state treasurer to deposit therein shall be deposited in the state higher education construction account hereby created in the state treasury. [1991 sp.s. c 13 § 45; 1985 c 57 § 11; 1973 1st ex.s. c 135 § 2.] Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Effective date—1985 c 57: See note following RCW 18.04.105. Severability—1973 1st ex.s. c 135: See note following RCW 28B.10.850. 28B.10.852 Capital improvements, bonds for—Bond anticipation notes, purpose. At the time the state finance committee determines to issue such bonds or a portion thereof, it may, pending the issuing of such bonds, issue, in the name of the state, temporary notes in anticipation of the money to be derived from the sale of the bonds, which notes shall be designated as "bond anticipation notes". Such portion of the proceeds of the sale of such bonds that may be required for such purpose shall be applied to the payment of the principal of and interest on such anticipation notes which have been issued. The proceeds from the sale of bonds or notes authorized by RCW 28B.10.850 through 28B.10.855 shall be deposited in the state higher education construction account in the state treasury and shall be used exclusively for the purposes specified in RCW 28B.10.850 through 28B.10.855 and for the payment of expenses incurred in the issuance and sale of the bonds. [1985 c 57 § 12; 1973 1st ex.s. c 135 § 3.] Severability—1973 1st ex.s. c 135: See note following RCW 28B.10.850. 28B.10.855 Capital improvements, bonds for—As legal investment for state and municipal funds. The bonds herein authorized shall be a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1973 1st ex.s. c 135 § 6.] 28B.10.855 Severability—1973 1st ex.s. c 135: See note following RCW 28B.10.850. 28B.10.852 Effective date—1985 c 57: See note following RCW 18.04.105. Severability—1973 1st ex.s. c 135: See note following RCW 28B.10.850. 28B.10.853 Capital improvements, bonds for—Bond redemption fund created, purpose—Compelling transfer of funds to. The state higher education bond redemption fund of 1973 is hereby created in the state treasury, which fund shall be exclusively devoted to the payment of interest on and retirement of the bonds authorized by RCW 28B.10.850 through 28B.10.855. The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet bond retirement and interest requirements, and on July 1st of each year the state treasurer shall deposit such amount in the state higher education bond redemption fund of 1973 from any general state revenues received in the state treasury and certified by the state treasurer to be general state revenues. The owner and holder of each of the bonds or the trustee for any of the bonds may by mandamus or other appropriate proceeding require and compel the transfer and payment of funds as directed herein. [1973 1st ex.s. c 135 § 4.] 28B.10.863 Distinguished professorship program— Solicitation and receipt of gifts—Investment of endowed funds—Report to the legislature. 28B.10.863 Reviser’s note: RCW 28B.10.863 was amended by 1987 c 505 § 11 without reference to its repeal by 1987 c 8 § 10. It has been decodified for publication purposes pursuant to RCW 1.12.025. 28B.10.878 G. Robert Ross distinguished faculty award. The G. Robert Ross distinguished faculty award is hereby established. The board of trustees at Western Washington University shall establish the guidelines for the selection of the recipients of the G. Robert Ross distinguished faculty award. The board shall establish a local endowment fund for the deposit of all state funds appropriated for this purpose and any private donations. The board shall administer the endowment fund and the award. The principal of the invested endowment fund shall not be invaded and the proceeds from the endowment fund may be used to supplement the salary of the holder of the award, to pay salaries of his or her assistants, and to pay expenses associated with the holder’s scholarly work. [1988 c 125 § 2.] 28B.10.878 28B.10.853 Severability—1973 1st ex.s. c 135: See note following RCW 28B.10.850. 28B.10.854 Capital improvements, bonds for—Legislature may provide additional means of revenue. The legislature may provide additional means for raising moneys for the payment of the interest and principal of the bonds authorized herein and RCW 28B.10.850 through 28B.10.855 shall not be deemed to provide an exclusive method for such payment. [1973 1st ex.s. c 135 § 5.] 28B.10.854 [Title 28B RCW—page 40] Finding—1988 c 125 § 2: "The legislature finds that G. Robert Ross, immediate past president of Western Washington University, was an exemplary university president who helped lead his school to a position of increasing excellence and national prominence. Dr. Ross was a convincing spokesperson for excellence in all areas of education and was a leader who strongly encouraged the faculty and staff at Western Washington University to be actively involved in the pursuit of scholarly activities. The legislature wishes to honor the public spirit, dedication, integrity, perseverance, inspiration, and accomplishments of Western Washington University faculty through the creation of the G. Robert Ross Distinguished Faculty Award." [1988 c 125 § 1.] Severability—1988 c 125: See RCW 28B.106.902. 28B.10.890 Collegiate license plate fund—Scholarships. A collegiate license plate fund is established in the custody of the state treasurer for each college or university with a collegiate license plate program approved by the department [of licensing] under RCW 46.16.324. All receipts from collegiate license plates authorized under *RCW 46.16.301 shall be deposited in the appropriate local college or university nonappropriated, nonallotted fund. Expenditures from the funds may be used only for student scholarships. Only the president of the college or university or the president’s designee may authorize expenditures from the fund. [1994 c 194 § 7.] 28B.10.890 *Reviser’s note: RCW 46.16.301 was amended by 1997 c 291 § 5, deleting authorization for collegiate license plates. For collegiate license plates, see RCW 46.16.313. 28B.10.900 "Hazing" defined. As used in RCW 28B.10.901 and 28B.10.902, "hazing" includes any method 28B.10.900 (2008 Ed.) Colleges and Universities Generally of initiation into a student organization or living group, or any pastime or amusement engaged in with respect to such an organization or living group that causes, or is likely to cause, bodily danger or physical harm, or serious mental or emotional harm, to any student or other person attending a public or private institution of higher education or other postsecondary educational institution in this state. "Hazing" does not include customary athletic events or other similar contests or competitions. [1993 c 514 § 1.] 28B.10.901 Hazing prohibited—Penalty. (1) No student, or other person in attendance at any public or private institution of higher education, or any other postsecondary educational institution, may conspire to engage in hazing or participate in hazing of another. (2) A violation of this section is a misdemeanor, punishable as provided under RCW 9A.20.021. (3) Any organization, association, or student living group that knowingly permits hazing is strictly liable for harm caused to persons or property resulting from hazing. If the organization, association, or student living group is a corporation whether for profit or nonprofit, the individual directors of the corporation may be held individually liable for damages. [1993 c 514 § 2.] 28B.10.901 28B.10.902 Participating in or permitting hazing— Loss of state-funded grants or awards—Loss of official recognition or control—Rules. (1) A person who participates in the hazing of another shall forfeit any entitlement to state-funded grants, scholarships, or awards for a period of time determined by the institution of higher education. (2) Any organization, association, or student living group that knowingly permits hazing to be conducted by its members or by others subject to its direction or control shall be deprived of any official recognition or approval granted by a public institution of higher education. (3) The public institutions of higher education shall adopt rules to implement this section. [1993 c 514 § 3.] 28B.10.902 28B.10.903 Conduct associated with initiation into group or pastime or amusement with group—Sanctions adopted by rule. Institutions of higher education shall adopt rules providing sanctions for conduct associated with initiation into a student organization or living group, or any pastime or amusement engaged in with respect to an organization or living group not amounting to a violation of RCW 28B.10.900. Conduct covered by this section may include embarrassment, ridicule, sleep deprivation, verbal abuse, or personal humiliation. [1993 c 514 § 4.] 28B.10.903 28B.10.910 Students with disabilities—Core services. Each student with one or more disabilities is entitled to receive a core service only if the service is reasonably needed to accommodate the student’s disabilities. The requesting student shall make a reasonable request for core services in a timely manner and the institution of higher education or agency providing the service shall respond reasonably and in a timely manner. [1994 c 105 § 2.] 28B.10.910 Intent—1994 c 105: "It is a fundamental aspiration of the people of Washington that individuals be afforded the opportunity to compete academically. Accordingly, it is an appropriate act of state government, in further(2008 Ed.) 28B.10.912 ance of this aspiration, to make available appropriate support services to those individuals who are able to attend college by virtue of their potential and desire, but whose educational progress and success is hampered by a lack of accommodation. Furthermore, under existing federal and state laws, institutions of higher education are obligated to provide services to students with disabilities. The legislature does not intend to confer any new or expanded rights, however, the intent of this act is to provide a clearer, more succinct statement of those rights than is presently available and put Washington on record as supporting those rights. It is the intent of the legislature that these services be provided within the bounds of the law. Therefore, the institution of higher education’s obligations to provide reasonable accommodations are limited by the defenses provided in federal and state statutes, such as undue financial burden and undue hardship." [1994 c 105 § 1.] 28B.10.912 Students with disabilities—Core services described—Notice of nondiscrimination. Each institution of higher education shall ensure that students with disabilities are reasonably accommodated within that institution. The institution of higher education shall provide students with disabilities with the appropriate core service or services necessary to ensure equal access. Core services shall include, but not be limited to: (1) Flexible procedures in the admissions process that use a holistic review of the student’s potential, including appropriate consideration in statewide and institutional alternative admissions programs; (2) Early registration or priority registration; (3) Sign language, oral and tactile interpreter services, or other technological alternatives; (4) Textbooks and other educational materials in alternative media, including, but not limited to, large print, braille, electronic format, and audio tape; (5) Provision of readers, notetakers, scribes, and proofreaders including recruitment, training, and coordination; (6) Ongoing review and coordination of efforts to improve campus accessibility, including but not limited to, all aspects of barrier-free design, signage, high-contrast identification of hazards of mobility barriers, maintenance of access during construction, snow and ice clearance, and adequate disability parking for all facilities; (7) Facilitation of physical access including, but not limited to, relocating of classes, activities, and services to accessible facilities and orientation if route of travel needs change, such as at the beginning of a quarter or semester; (8) Access to adaptive equipment including, but not limited to, TDDs, FM communicators, closed caption devices, amplified telephone receivers, closed circuit televisions, lowvision reading aids, player/recorders for 15/16 4-track tapes, photocopy machines able to use eleven-by-seventeen inch paper, brailling devices, and computer enhancements; (9) Referral to appropriate on-campus and off-campus resources, services, and agencies; (10) Release of syllabi, study guides, and other appropriate instructor-produced materials in advance of general distribution, and access beyond the regular classroom session to slides, films, overheads and other media and taping of lectures; (11) Accessibility for students with disabilities to tutoring, mentoring, peer counseling, and academic advising that are available on campus; (12) Flexibility in test taking arrangements; 28B.10.912 [Title 28B RCW—page 41] 28B.10.914 Title 28B RCW: Higher Education (13) Referral to the appropriate entity for diagnostic assessment and documentation of the disability; (14) Flexibility in timelines for completion of courses, certification, and degree requirements; (15) Flexibility in credits required to be taken to satisfy institutional eligibility for financial aid; and (16) Notification of the institution of higher education’s policy of nondiscrimination on the basis of disability and of steps the student may take if he or she believes discrimination has taken place. This notice shall be included in all formal correspondence that communicates decisions or policies adversely affecting the student’s status or rights with the institution of higher education. This notice shall include the phone numbers of the United States department of education, the United States office of civil rights, and the Washington state human rights commission. [1994 c 105 § 3.] Intent—1994 c 105: See note following RCW 28B.10.910. 28B.10.914 Students with disabilities—Accommodation. Reasonable accommodation for students with disabilities shall be provided as appropriate for all aspects of college and university life, including but not limited to: Recruitment, the application process, enrollment, registration, financial aid, course work, research, academic counseling, housing programs owned or operated by the institution of higher education, and nonacademic programs and services. [1994 c 105 § 4.] 28B.10.914 Intent—1994 c 105: See note following RCW 28B.10.910. 28B.10.916 Supplemental instructional materials for students with print access disability. (1) An individual, firm, partnership or corporation that publishes or manufactures instructional materials for students attending any public or private institution of higher education in the state of Washington shall provide to the public or private institution of higher education, for use by students attending the institution, any instructional material in an electronic format mutually agreed upon by the publisher or manufacturer and the public or private institution of higher education. Computer files or electronic versions of printed instructional materials shall be provided; video materials must be captioned or accompanied by transcriptions of spoken text; and audio materials must be accompanied by transcriptions. These supplemental materials shall be provided to the public or private institution of higher education at no additional cost and in a timely manner, upon receipt of a written request as provided in subsection (2) of this section. (2) A written request for supplemental materials must: (a) Certify that a student with a print access disability attending or registered to attend a public or participating private institution of higher education has purchased the instructional material or the public or private institution of higher education has purchased the instructional material for use by a student with a print access disability; (b) Certify that the student has a print access disability that substantially prevents him or her from using standard instructional materials; (c) Certify that the instructional material is for use by the student in connection with a course in which he or she is reg28B.10.916 [Title 28B RCW—page 42] istered or enrolled at the public or private institution of higher education; and (d) Be signed by the coordinator of services for students with disabilities at the public or private institution of higher education or by the college or campus official responsible for monitoring compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the public or private institution of higher education. (3) An individual, firm, partnership or corporation specified in subsection (1) of this section may also require that, in addition to the requirements in subsection (2) of this section, the request include a statement signed by the student agreeing to both of the following: (a) He or she will use the instructional material provided in specialized format solely for his or her own educational purposes; and (b) He or she will not copy or duplicate the instructional material provided in specialized format for use by others. (4) If a public or private institution of higher education provides a student with the specialized format version of an instructional material, the media must be copy-protected or the public or private institution of higher education shall take other reasonable precautions to ensure that students do not copy or distribute specialized format versions of instructional materials in violation of the Copyright Revisions Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.). (5) For purposes of this section: (a) "Instructional material or materials" means textbooks and other materials that are required or essential to a student’s success in a postsecondary course of study in which a student with a disability is enrolled. The determination of which materials are "required or essential to student success" shall be made by the instructor of the course in consultation with the official making the request in accordance with guidelines issued pursuant to subsection (9) of this section. The term specifically includes both textual and nontextual information. (b) "Print access disability" means a condition in which a person’s independent reading of, reading comprehension of, or visual access to materials is limited or reduced due to a sensory, neurological, cognitive, physical, psychiatric, or other disability recognized by state or federal law. The term is applicable, but not limited to, persons who are blind, have low vision, or have reading disorders or physical disabilities. (c) "Structural integrity" means all instructional material, including but not limited to the text of the material, sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, graphs, charts, illustrations, pictures, equations, formulas, and bibliographies. Structural order of material shall be maintained. Structural elements, such as headings, lists, and tables must be identified using current markup and tools. If good faith efforts fail to produce an agreement between the publisher or manufacturer and the public or private institution of higher education, as to an electronic format that will preserve the structural integrity of instructional materials, the publisher or manufacturer shall provide the instructional material in a verified and valid HTML format and shall preserve as much of the structural integrity of the instructional materials as possible. (d) "Specialized format" means Braille, audio, or digital text that is exclusively for use by blind or other persons with print access disabilities. (2008 Ed.) Colleges and Universities Generally (6) Nothing in this section is to be construed to prohibit a public or private institution of higher education from assisting a student with a print access disability through the use of an electronic version of instructional material gained through this section or by transcribing or translating or arranging for the transcription or translation of the instructional material into specialized formats that provide persons with print access disabilities the ability to have increased independent access to instructional materials. If such specialized format is made, the public or private institution of higher education may share the specialized format version of the instructional material with other students with print access disabilities for whom the public or private institution of higher education is authorized to request electronic versions of instructional material. The addition of captioning to video material by a Washington public or private institution of higher education does not constitute an infringement of copyright. (7) A specialized format version of instructional materials developed at one public or private institution of higher education in Washington state may be shared for use by a student at another public or private institution of higher education in Washington state for whom the latter public or private institution of higher education is authorized to request electronic versions of instructional material. (8) Nothing in this section shall be deemed to authorize any use of instructional materials that would constitute an infringement of copyright under the Copyright Revision Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.). (9) The governing boards of public and participating private institutions of higher education in Washington state shall each adopt guidelines consistent with this section for its implementation and administration. At a minimum, the guidelines shall address all of the following: (a) The designation of materials deemed "required or essential to student success"; (b) The determination of the availability of technology for the conversion of materials pursuant to subsection (4) of this section and the conversion of mathematics and science materials pursuant to subsection (5)(c) of this section; (c) The procedures and standards relating to distribution of files and materials pursuant to this section; (d) The guidelines shall include procedures for granting exceptions when it is determined that an individual, firm, partnership or corporation that publishes or manufactures instructional materials is not technically able to comply with the requirements of this section; and (e) Other matters as are deemed necessary or appropriate to carry out the purposes of this section. (10) A violation of this chapter constitutes an unfair practice under chapter 49.60 RCW, the law against discrimination. All rights and remedies under chapter 49.60 RCW, including the right to file a complaint with the human rights commission and to bring a civil action, apply. [2004 c 46 § 1.] 28B.10.918 Disability history month—Activities. Annually, during the month of October, each of the public institutions of higher education shall conduct or promote educational activities that provide instruction, awareness, and understanding of disability history and people with disabili28B.10.918 (2008 Ed.) 28B.10.921 ties. The activities may include, but not be limited to, guest speaker presentations. [2008 c 167 § 4.] 28B.10.920 Performance agreements—Generally. (1) As used in this section and RCW 28B.10.921 and 28B.10.922, a performance agreement is an agreement reached between the state and the governing board of an institution of higher education and approved by the legislature using the process provided in RCW 28B.10.922. (2) The purpose of a performance agreement is to develop and communicate a six-year plan developed jointly by state policymakers and an institution of higher education that aligns goals, priorities, desired outcomes, flexibility, institutional mission, accountability, and levels of resources. (3) Beginning in 2008, performance agreements shall be pilot-tested with the public four-year institutions of higher education. [2008 c 160 § 2.] 28B.10.920 Findings—Intent—2008 c 160: "(1) The legislature finds that in the last ten years, significant progress has been made to identify and monitor accountability and performance measures in higher education, both internally in institutions and externally in the legislative and state policymaking environment. (2) However, the legislature further finds that opportunities exist to promote greater visibility of performance measures among policymakers and among the public consumers of higher education. Policy decisions, including decisions about resource allocation, should be made with greater knowledge and a shared understanding about the tradeoffs between resources, flexibility, and desired outcomes. A forum should be created to allow discussion among policymakers and institution leaders about setting outcome-oriented priorities, targeting of investments, linking operating and capital planning, and creating a longer-term view than the biennial budget cycle typically permits. (3) Therefore, the legislature intends to implement a process for such discussions, agreements, and planning to occur. The process of crafting higher education performance agreements will be pilot-tested over a six-year period with the public four-year institutions of higher education beginning in 2008." [2008 c 160 § 1.] 28B.10.921 Performance agreements—Contents. (1) Performance agreements shall address but not be limited to the following issues: (a) Indicators that measure outcomes concerning cost, quality, timeliness of student progress toward degrees and certifications, and articulation between and within the K-12 and higher education systems; (b) Benchmarks and goals for long-term degree production, including discrete benchmarks and goals in particular fields of study; (c) The level of resources necessary to meet the performance outcomes, benchmarks, and goals, subject to legislative appropriation; (d) The prioritization of four-year institution capital budget projects by the office of financial management; and (e) Indicators that measure outcomes concerning recruitment, retention, and success of students, faculty, and staff from diverse, underrepresented communities. (2) The goals and outcomes identified in a performance agreement shall be linked to the role, mission, and strategic plan of the institution of higher education and aligned with the statewide strategic master plan for higher education. (3) Performance agreements may also include grants to an institution, under the terms of the agreement, of flexibility or waivers from state controls or rules. The agreement may 28B.10.921 [Title 28B RCW—page 43] 28B.10.922 Title 28B RCW: Higher Education identify areas where statutory change is necessary to grant an institution flexibility or waivers of state agency rules. (4) The following areas may not be included in a performance agreement: (a) Flexibility or waivers of requirements in a collective bargaining agreement negotiated under chapter 28B.52, 41.56, 41.59, 41.76, or 41.80 RCW; (b) Flexibility or waivers of administrative rules or processes governed by chapter 28B.52, 41.56, 41.59, 41.76, or 41.80 RCW; (c) Rules, processes, duties, rights, and responsibilities of the academic faculty as contained in the faculty codes of the four-year institution; (d) Flexibility or waivers of requirements under chapter 39.12 RCW; (e) Flexibility or waivers of administrative rules or other regulations that address health and safety, civil rights, and nondiscrimination laws that apply to institutions of higher education; and (f) State laws covering terms and conditions of employment, including but not limited to salaries, job security, and health, retirement, unemployment, or any other employment benefits. [2008 c 160 § 3.] Findings—Intent—2008 c 160: See note following RCW 28B.10.920. 28B.10.922 Performance agreements—State committee—Development of final proposals—Implementation—Updates. (1) A state performance agreement committee is created to represent the state in developing performance agreements under this section and RCW 28B.10.920 and 28B.10.921. The committee is composed of representatives from the governor’s office, the office of financial management, the higher education coordinating board, the office of the superintendent of public instruction, two members of the senate appointed by the secretary of the senate, and two members of the house of representatives appointed by the speaker of the house of representatives. The state performance agreement committee shall be staffed by personnel from the higher education coordinating board. (2) Each of the participating institutions shall develop a preliminary draft of a performance agreement with input from students and faculty. The governing boards of the public four-year institutions of higher education shall designate performance agreement representatives for each institution respectively that shall include two faculty members at those institutions bargaining under chapter 41.76 RCW, at least one of whom shall be appointed by the exclusive collective bargaining agent and the other appointed by the faculty governance organization of that institution. If the participating pilot institution does not bargain under chapter 41.76 RCW, then two faculty members shall be appointed by the faculty governance organization of that institution. The associated student governments or their equivalents shall designate two performance agreement representatives at those institutions. Starting with the preliminary drafts, the state performance agreement committee and representatives of each institution shall develop revised draft performance agreements for each institution and submit the revised drafts to the governor and the fiscal and higher education committees of the legislature no later than September 1, 2008. 28B.10.922 [Title 28B RCW—page 44] (3) After receiving informal input on the revised draft performance agreements, particularly regarding the levels of resources assumed in the agreements, the state committee and institution representatives shall develop final proposed performance agreements and submit the agreements to the governor and the office of financial management by November 1, 2008, for consideration in development of the governor’s 2009-2011 operating and capital budget recommendations. (4) The state committee shall submit any legislation necessary to implement a performance agreement to the higher education committees of the senate and house of representatives. (5) All cost items contained within a performance agreement are subject to legislative appropriation. (6) If the legislature affirms, through a proviso in the 2009-2011 omnibus appropriations act, that the omnibus appropriations act and the 2009 capital budget act enacted by the legislature align with the proposed performance agreements, the performance agreements shall take effect beginning July 1, 2009, through June 30, 2015. If the legislature affirms, through a proviso in the 2009-2011 omnibus appropriations act or through inaction, that the omnibus appropriations act and/or the 2009 capital budget act are not aligned with the proposed performance agreements, the state committee and institution representatives shall redraft the agreements to align with the enacted budgets, and the redrafted agreements shall take effect beginning September 1, 2009, through June 30, 2015. (7) The legislature, the state committee, and the institution representatives shall repeat the process described in subsection (6) of this section for each subsequent omnibus appropriations and capital budget act enacted between the 2010 and 2014 legislative sessions to ensure that the performance agreements are updated as necessary to align with enacted omnibus appropriations and capital budget acts. [2008 c 160 § 4.] Findings—Intent—2008 c 160: See note following RCW 28B.10.920. Chapter 28B.12 Chapter 28B.12 RCW STATE WORK-STUDY PROGRAM (Formerly: College work-study program) Sections 28B.12.010 28B.12.020 28B.12.030 28B.12.040 28B.12.050 28B.12.060 28B.12.070 Created. Purpose. Definitions. Board to develop and administer program—Agreements authorized, limitation—Work study advisory committee. Disbursal of state work-study funds—Criteria. Rules—Mandatory provisions. Annual report of institutions to higher education coordinating board. 28B.12.010 Created. There is hereby created a program of financial aid to students pursuing a post-secondary education which shall be known as the state work-study program. [1994 c 130 § 1; 1974 ex.s. c 177 § 1.] 28B.12.010 Severability—1974 ex.s. c 177: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 177 § 10.] (2008 Ed.) State Work-Study Program 28B.12.020 28B.12.020 Purpose. The purpose of the program created in RCW 28B.12.010 is to provide financial assistance to needy students, including needy students from middleincome families, attending eligible post-secondary institutions in the state of Washington by stimulating and promoting their employment, thereby enabling them to pursue courses of study at such institutions. An additional purpose of this program shall be to provide such needy students, wherever possible, with employment related to their academic or vocational pursuits. [1994 c 130 § 2; 1974 ex.s. c 177 § 2.] Severability—1974 ex.s. c 177: See note following RCW 28B.12.010. 28B.12.030 28B.12.030 Definitions. As used in this chapter, the following words and terms shall have the following meanings, unless the context shall clearly indicate another or different meaning or intent: (1) The term "needy student" shall mean a student enrolled or accepted for enrollment at a post-secondary institution who, according to a system of need analysis approved by the higher education coordinating board, demonstrates a financial inability, either parental, familial, or personal, to bear the total cost of education for any semester or quarter. (2) The term "eligible institution" shall mean any postsecondary institution in this state accredited by the Northwest Association of Schools and Colleges, or a branch of a member institution of an accrediting association recognized by rule of the board for purposes of this section, that is eligible for federal student financial aid assistance and has operated as a nonprofit college or university delivering on-site classroom instruction for a minimum of twenty consecutive years within the state of Washington, or any public technical college in the state. [2002 c 187 § 2; 1994 c 130 § 3; 1974 ex.s. c 177 § 3.] Severability—1974 ex.s. c 177: See note following RCW 28B.12.010. 28B.12.040 28B.12.040 Board to develop and administer program—Agreements authorized, limitation—Work study advisory committee. With the assistance of an advisory committee, the higher education coordinating board shall develop and administer the state work-study program. The board shall be authorized to enter into agreements with employers and eligible institutions for the operation of the program. These agreements shall include such provisions as the higher education coordinating board may deem necessary or appropriate to carry out the purposes of this chapter. The members of the work-study advisory committee may include, but need not be limited to representatives of public and private community colleges, technical colleges, and four-year institutions of higher education; vocational schools; students; community service organizations; public schools; business; and labor. When selecting members of the advisory committee, the board shall consult with institutions of higher education, the state board for community and technical colleges, the workforce training and education coordinating board, and appropriate associations and organizations. With the exception of off-campus community service placements, the share from moneys disbursed under the state work-study program of the compensation of students employed under such program in accordance with such (2008 Ed.) 28B.12.060 agreements shall not exceed eighty percent of the total such compensation paid such students. By rule, the board shall define community service placements and may determine any salary matching requirements for any community service employers. [1994 c 130 § 4; 1993 c 385 § 3; 1985 c 370 § 58; 1974 ex.s. c 177 § 4.] Severability—1974 ex.s. c 177: See note following RCW 28B.12.010. Purpose—1974 ex.s. c 177: See RCW 28B.12.020. 28B.12.050 Disbursal of state work-study funds— Criteria. The higher education coordinating board shall disburse state work-study funds. In performing its duties under this section, the board shall consult eligible institutions and post-secondary education advisory and governing bodies. The board shall establish criteria designed to achieve such distribution of assistance under this chapter among students attending eligible institutions as will most effectively carry out the purposes of this chapter. [1994 c 130 § 5; 1987 c 330 § 201; 1985 c 370 § 59; 1974 ex.s. c 177 § 5.] 28B.12.050 Construction—Application of rules—1987 c 330: "This act shall not be construed as affecting any existing right acquired or liability or obligation incurred under the sections amended or repealed in this act or under any rule, regulation, or order adopted under those sections, nor as affecting any proceeding instituted under those sections. The rules of the agencies abolished by this act shall continue in force until acted upon by the succeeding agency and shall be enforced by the succeeding agency. If there is no succeeding agency, the rules shall terminate." [1987 c 330 § 1401.] Severability—1987 c 330: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1987 c 330 § 1402.] Severability—1974 ex.s. c 177: See note following RCW 28B.12.010. 28B.12.060 Rules—Mandatory provisions. The higher education coordinating board shall adopt rules as may be necessary or appropriate for effecting the provisions of this chapter, and not in conflict with this chapter, in accordance with the provisions of chapter 34.05 RCW, the state higher education administrative procedure act. Such rules shall include provisions designed to make employment under the work-study program reasonably available, to the extent of available funds, to all eligible students in eligible post-secondary institutions in need thereof. The rules shall include: (1) Providing work under the state work-study program that will not result in the displacement of employed workers or impair existing contracts for services; (2) Furnishing work only to a student who: (a) Is capable, in the opinion of the eligible institution, of maintaining good standing in such course of study while employed under the program covered by the agreement; and (b) Has been accepted for enrollment as at least a halftime student at the eligible institution or, in the case of a student already enrolled in and attending the eligible institution, is in good standing and in at least half-time attendance there either as an undergraduate, graduate or professional student; and (c) Is not pursuing a degree in theology; (3) Placing priority on providing: (a) Work opportunities for students who are residents of the state of Washington as defined in RCW 28B.15.012 and 28B.15.013, particularly former foster youth as defined in 28B.12.060 [Title 28B RCW—page 45] 28B.12.070 Title 28B RCW: Higher Education RCW 28B.92.060, except resident students defined in RCW 28B.15.012(2)(g); (b) Job placements in fields related to each student’s academic or vocational pursuits, with an emphasis on off-campus job placements whenever appropriate; and (c) Off-campus community service placements; (4) Provisions to assure that in the state institutions of higher education, utilization of this work-study program: (a) Shall only supplement and not supplant classified positions under jurisdiction of chapter 41.06 RCW; (b) That all positions established which are comparable shall be identified to a job classification under the director of personnel’s classification plan and shall receive equal compensation; (c) Shall not take place in any manner that would replace classified positions reduced due to lack of funds or work; and (d) That work study positions shall only be established at entry level positions of the classified service unless the overall scope and responsibilities of the position indicate a higher level; and (5) Provisions to encourage job placements in occupations that meet Washington’s economic development goals, especially those in international trade and international relations. The board shall permit appropriate job placements in other states and other countries. [2005 c 93 § 4; 2002 c 354 § 224; 1994 c 130 § 6. Prior: 1993 sp.s. c 18 § 3; 1993 c 281 § 14; 1987 c 330 § 202; 1985 c 370 § 60; 1974 ex.s. c 177 § 6.] 28B.13.010 Bonds authorized—Amount—Purpose— Form, conditions of sale, etc. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for the institutions of higher education, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of seven million eight hundred one thousand eighty dollars or so much thereof as shall be required to finance the capital project relating to institutions of higher education as set forth in the capital appropriations act, chapter 197 (SSB 3253), Laws of 1974 ex. sess., to be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the Constitution of the state of Washington. The state finance committee is authorized to prescribe the form of such bonds, and the time of sale of all or any portion or portions of such bonds, and the conditions of sale and issuance thereof. The bonds shall pledge the full faith and credit of the state of Washington and contain an unconditional promise to pay the principal and interest when due. The committee may provide that the bonds, or any of them, may be called prior to the due date thereof under such terms and conditions as it may determine. The state finance committee may authorize the use of facsimile signatures in the issuance of the bonds. [1974 ex.s. c 181 § 1.] 28B.13.010 28B.13.020 Disposition of proceeds from sale of bonds. The proceeds from the sale of the bonds authorized by this chapter, together with all grants, donations, transferred funds and all other moneys which the state finance committee may direct the state treasurer to deposit therein shall be deposited in the state higher education construction account in the state general fund. [1974 ex.s. c 181 § 2.] 28B.13.020 Findings—Intent—2005 c 93: See note following RCW 74.13.570. Short title—Headings, captions not law—Severability—Effective dates—2002 c 354: See RCW 41.80.907 through 41.80.910. Effective date—1993 sp.s. c 18: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1993." [1993 sp.s. c 18 § 38.] Effective date—1993 c 281: See note following RCW 41.06.022. Construction—Application of rules—Severability—1987 c 330: See notes following RCW 28B.12.050. Severability—1974 ex.s. c 177: See note following RCW 28B.12.010. 28B.12.070 Annual report of institutions to higher education coordinating board. Each eligible institution shall submit to the higher education coordinating board an annual report in accordance with such requirements as are adopted by the board. [1994 c 130 § 7; 1985 c 370 § 61; 1974 ex.s. c 177 § 7.] 28B.12.070 Severability—1974 ex.s. c 177: See note following RCW 28B.12.010. Chapter 28B.13 RCW 1974 BOND ISSUE FOR CAPITAL IMPROVEMENTS Chapter 28B.13 Sections 28B.13.010 Bonds authorized—Amount—Purpose—Form, conditions of sale, etc. 28B.13.020 Disposition of proceeds from sale of bonds. 28B.13.030 Bond anticipation notes—Authorized—Payment of principal and interest on—Disposition of proceeds from sale of bonds and notes. 28B.13.040 Bond redemption fund—Created—Use—Rights of bond owner and holder. 28B.13.050 Chapter not exclusive method for payment of interest and principal on bonds. 28B.13.060 Bonds as legal investment for public funds. 28B.13.900 Severability—1974 ex.s. c 181. State finance committee: Chapter 43.33 RCW. [Title 28B RCW—page 46] 28B.13.030 Bond anticipation notes—Authorized— Payment of principal and interest on—Disposition of proceeds from sale of bonds and notes. At the time the state finance committee determines to issue such bonds or a portion thereof, it may, pending the issuing of such bonds, issue, in the name of the state, temporary notes in anticipation of the money to be derived from the sale of the bonds, which notes shall be designated as "bond anticipation notes". Such portion of the proceeds of the sale of such bonds that may be required for such purpose shall be applied to the payment of the principal of and interest on such anticipation notes which have been issued. The proceeds from the sale of bonds or notes authorized by this chapter shall be deposited in the state higher education construction account of the general fund in the state treasury and shall be used exclusively for the purposes specified in this chapter and for the payment of expenses incurred in the issuance and sale of the bonds. [1974 ex.s. c 181 § 3.] 28B.13.030 28B.13.040 Bond redemption fund—Created— Use—Rights of bond owner and holder. The state higher education bond redemption fund of 1974 is hereby created in the state treasury, which fund shall be exclusively devoted to the payment of interest on and retirement of the bonds authorized by this chapter. The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the 28B.13.040 (2008 Ed.) 1975 Bond Issue for Capital Improvements amount needed in the ensuing twelve months to meet bond retirement and interest requirements, and on July 1st of each year the state treasurer shall deposit such amount in the state higher education bond redemption fund of 1974 from any general state revenues received in the state treasury and certified by the state treasurer to be general state revenues. The owner and holder of each of the bonds or the trustee for any of the bonds may by mandamus or other appropriate proceeding require and compel the transfer and payment of funds as directed therein. [1974 ex.s. c 181 § 4.] 28B.13.050 Chapter not exclusive method for payment of interest and principal on bonds. The legislature may provide additional means for raising moneys for the payment of the interest and principal of the bonds authorized herein and this chapter shall not be deemed to provide an exclusive method for such payment. [1974 ex.s. c 181 § 5.] 28B.13.050 28B.13.060 Bonds as legal investment for public funds. The bonds authorized by this chapter shall be a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1974 ex.s. c 181 § 6.] 28B.13.060 28B.13.900 Severability—1974 ex.s. c 181. If any provision of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 181 § 7.] 28B.13.900 Chapter 28B.14 RCW 1975 BOND ISSUE FOR CAPITAL IMPROVEMENTS Chapter 28B.14 28B.14.050 shall be given to minority contractors. [1975-’76 2nd ex.s. c 126 § 1; 1975 1st ex.s. c 237 § 1.] Severability—1975 1st ex.s. c 237: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances, shall in no way be affected." [1975 1st ex.s. c 237 § 8.] 28B.14.020 Bond anticipation notes—Authorized— Payment. When the state finance committee has determined to issue such general obligation bonds or a portion thereof as authorized in RCW 28B.14.010, it may, pending the issuance thereof, issue in the name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond anticipation notes". Such portion of the proceeds of the sale of such bonds as may be required for the payment of principal and redemption premium, if any, of and interest on such notes shall be applied thereto when such bonds are issued. [1975 1st ex.s. c 237 § 2.] 28B.14.020 Severability—1975 1st ex.s. c 237: See note following RCW 28B.14.010. 28B.14.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is authorized to prescribe the form, terms, conditions and covenants of the bonds and/or the bond anticipation notes provided for in RCW 28B.14.010 and 28B.14.020, the time or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. Each such bond and bond anticipation note shall pledge the full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due. [1975 1st ex.s. c 237 § 3.] 28B.14.030 Severability—1975 1st ex.s. c 237: See note following RCW 28B.14.010. Sections 28B.14.010 Bonds authorized—Amount—Consideration for minority contractors on projects so funded. 28B.14.020 Bond anticipation notes—Authorized—Payment. 28B.14.030 Form, terms, conditions, sale and covenants of bonds and notes. 28B.14.040 Disposition of proceeds from sale of bonds and notes—Use. 28B.14.050 1975 state higher education bond retirement fund—Created— Purpose. 28B.14.060 Bonds as legal investment for public funds. 28B.14.010 Bonds authorized—Amount—Consideration for minority contractors on projects so funded. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for the institutions of higher education, the state finance committee is hereby authorized to issue from time to time general obligation bonds of the state of Washington in the aggregate principal amount of fourteen million eight hundred eighty thousand dollars, or so much thereof as shall be required to finance the capital projects relating to institutions of higher education as determined by the legislature in its capital appropriations acts from time to time, for such purposes, to be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1, of the Constitution of the state of Washington. It is the intent of the legislature that in any decision to contract for capital projects funded as the result of this chapter, full and fair consideration 28B.14.010 (2008 Ed.) 28B.14.040 Disposition of proceeds from sale of bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes pursuant to RCW 28B.14.020, the proceeds from the sale of the bonds and/or bond anticipation notes authorized in this chapter, together with all grants, donations, transferred funds, and all other moneys which the state finance committee may direct the state treasurer to deposit therein, shall be deposited in the state higher education construction account of the general fund in the state treasury. All such proceeds shall be used exclusively for the purposes specified in this chapter and for the payment of the expenses incurred in connection with the sale and issuance of such bonds and bond anticipation notes. [1975 1st ex.s. c 237 § 4.] 28B.14.040 Severability—1975 1st ex.s. c 237: See note following RCW 28B.14.010. 28B.14.050 1975 state higher education bond retirement fund—Created—Purpose. The 1975 state higher education bond retirement fund is hereby created in the state treasury for the purpose of the payment of principal of and interest on the bonds authorized to be issued pursuant to this chapter. The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the pay28B.14.050 [Title 28B RCW—page 47] 28B.14.060 Title 28B RCW: Higher Education ment of the principal of and the interest coming due on such bonds. On July 1st of each such year the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the 1975 state higher education bond retirement fund an amount equal to the amount certified by the state finance committee. [1975 1st ex.s. c 237 § 5.] Severability—1975 1st ex.s. c 237: See note following RCW 28B.14.010. 28B.14.060 Bonds as legal investment for public funds. The bonds authorized in this chapter shall constitute a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1975 1st ex.s. c 237 § 6.] 28B.14.060 Severability—1975 1st ex.s. c 237: See note following RCW 28B.14.010. Chapter 28B.14B RCW 1977 BOND ISSUE FOR CAPITAL IMPROVEMENTS Chapter 28B.14B Sections 28B.14B.010 Bonds authorized—Amount—Conditions. 28B.14B.020 Bond anticipation notes—Authorized—Payment. 28B.14B.030 Form, terms, conditions, sale and covenants of bonds and notes. 28B.14B.040 Disposition of proceeds from sale of bonds and notes—Use. 28B.14B.050 State higher education bond retirement fund of 1977—Created—Purpose. 28B.14B.060 Bonds as legal investment for public funds. 28B.14B.010 Bonds authorized—Amount—Conditions. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for the institutions of higher education, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of nine million five hundred thousand dollars, or so much thereof as may be required to finance such projects, and all costs incidental thereto. No bonds authorized by this chapter shall be offered for sale without prior legislative appropriation, and these bonds shall be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state Constitution. [1977 ex.s. c 345 § 1.] 28B.14B.010 Severability—1977 ex.s. c 345: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 345 § 8.] 28B.14B.020 Bond anticipation notes—Authorized—Payment. When the state finance committee has determined to issue such general obligation bonds or a portion thereof as authorized in RCW 28B.14B.010, it may, pending the issuance thereof, issue in the name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond anticipation notes". Such portion of the proceeds of the sale of such bonds as may be required for the payment of principal of and redemption premium, if any, and interest on such notes shall be applied thereto when such bonds are issued. [1977 ex.s. c 345 § 2.] 28B.14B.020 Seve ra bi li ty—1 977 e x.s. c 345 : Se e no te fo llo wing R CW 28B.14B.010. [Title 28B RCW—page 48] 28B.14B.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is authorized to prescribe the form, terms, conditions and covenants of the bonds and/or the bond anticipation notes provided for in RCW 28B.14B.010 and 28B.14B.020, the time or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. Each such bond and bond anticipation note shall pledge the full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due. [1977 ex.s. c 345 § 3.] 28B.14B.030 Seve ra bili ty— 1977 e x.s. c 345 : Se e no te fo llo wing R CW 28B.14B.010. 28B.14B.040 Disposition of proceeds from sale of bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes pursuant to RCW 28B.14B.020, the proceeds from the sale of the bonds and/or bond anticipation notes authorized in this chapter, together with all grants, donations, transferred funds, and all other moneys which the state finance committee may direct the state treasurer to deposit therein, shall be deposited in the state higher education construction account of the general fund in the state treasury. All such proceeds shall be used exclusively for the purposes specified in this chapter and for the payment of the expenses incurred in connection with the sale and issuance of such bonds and bond anticipation notes. [1977 ex.s. c 345 § 4.] 28B.14B.040 Seve ra bili ty— 1977 e x.s. c 345 : Se e no te fo llo wing R CW 28B.14B.010. 28B.14B.050 State higher education bond retirement fund of 1977—Created—Purpose. The state higher education bond retirement fund of 1977 is hereby created in the state treasury for the purpose of the payment of principal of and interest on the bonds authorized to be issued pursuant to this chapter or, if the legislature so determines, for any bonds and notes hereafter authorized and issued for the institutions of higher education. The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such bonds. Not less than thirty days prior to the date on which any such interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the state higher education bond retirement fund of 1977 an amount equal to the amount certified by the state finance committee to be due on such payment date. [1977 ex.s. c 345 § 5.] 28B.14B.050 Seve ra bili ty— 1977 e x.s. c 345 : Se e no te fo llo wing R CW 28B.14B.010. 28B.14B.060 Bonds as legal investment for public funds. The bonds authorized in RCW 28B.14B.010 through 28B.14B.060 shall constitute a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1977 ex.s. c 345 § 6.] 28B.14B.060 Seve ra bili ty— 1977 e x.s. c 345 : Se e no te fo llo wing R CW 28B.14B.010. (2008 Ed.) 1977 Bond Act for the Refunding of Outstanding Limited Obligation Revenue Bonds Chapter 28B.14C RCW 1977 BOND ACT FOR THE REFUNDING OF OUTSTANDING LIMITED OBLIGATION REVENUE BONDS Chapter 28B.14C Sections 28B.14C.010 Purpose—Bonds authorized—Amount. 28B.14C.020 Refunding as benefit to state. 28B.14C.030 Constitutional and statutory authority applicable—Specific state finance committee powers. 28B.14C.040 Limitation as to amount of bonds to be issued—Pledge of state’s credit. 28B.14C.050 Disposition of proceeds of refunding issues. 28B.14C.060 Institutions of higher education refunding bond retirement fund of 1977—Created—Use. 28B.14C.070 Chapter not exclusive method for payment of interest and principal on bonds. 28B.14C.080 Chapter as affecting University of Washington building revenue bond redemption. 28B.14C.090 Chapter as affecting Washington State University building revenue bond redemption. 28B.14C.100 Chapter as affecting Western Washington State College building and normal school fund revenue bonds. 28B.14C.110 Chapter as affecting Eastern Washington State College building and normal school fund revenue bonds. 28B.14C.120 Chapter as affecting Central Washington State College building and normal school fund revenue bonds. 28B.14C.130 Chapter as affecting Evergreen State College building revenue bonds. 28B.14C.140 Use limited when reserves transferred to state general fund. 28B.14C.900 Severability—1977 ex.s. c 354. 28B.14C.010 Purpose—Bonds authorized—Amount. The state finance committee is hereby authorized to issue from time to time on behalf of the state, general obligation bonds of the state in the amount of forty-eight million six hundred thousand dollars, or so much thereof as may be required to refund at or prior to maturity, all or some or any part of the various issues of outstanding limited obligation revenue bonds identified below, issued by various of the institutions of higher education, similarly identified: (1) University of Washington building revenue bonds, all series, aggregating $28,850,000 in original principal amount; (2) Washington State University building revenue bonds and building and scientific fund revenue bonds, all series, aggregating $19,450,000 in original principal amount; (3) Western Washington State College building and normal school fund revenue bonds, all series, aggregating $11,620,000 in original principal amount; (4) Eastern Washington State College building and normal school fund revenue bonds, all series, aggregating $9,501,000 in original principal amount; (5) Central Washington State College building and normal school fund revenue bonds, all series, including refunding series, aggregating $8,925,000 in original principal amount; and (6) The Evergreen State College building revenue bonds, all series, aggregating $2,191,125 in original principal amount. [1985 ex.s. c 4 § 14; 1985 c 390 § 2; 1977 ex.s. c 354 § 1.] 28B.14C.010 Severability—1985 ex.s. c 4: See RCW 43.99G.900. 28B.14C.020 Refunding as benefit to state. The refunding authorized by this chapter is to be carried out primarily for the purpose of releasing for other needs of the state and its agencies the reserves presently required under existing covenants and statutes to secure payment of the various 28B.14C.020 (2008 Ed.) 28B.14C.050 issues of the bonds to be refunded and, as such, is of substantial benefit to the state. [1977 ex.s. c 354 § 2.] 28B.14C.030 Constitutional and statutory authority applicable—Specific state finance committee powers. Subject to the specific requirements of RCW 28B.14C.010 through 28B.14C.140 and 28B.14C.900, such general obligation refunding bonds shall be issued and the refunding plan carried out in accordance with Article VIII, section 1, of the state Constitution, in accordance with chapter 39.42 RCW as presently in effect, and in accordance with the following sections of chapter 39.53 RCW as presently in effect, where applicable: RCW 39.53.010, 39.53.030, 39.53.060, 39.53.070, 39.53.100, and 39.53.110. The remainder of chapter 39.53 RCW shall not be applicable to the refunding authorized by this chapter. In addition to the powers granted to the state finance committee in this subsection, said committee is hereby authorized (1) to determine the times and manner of redemption of the various bonds to be refunded, if any are to be redeemed prior to maturity; (2) to carry out all procedures necessary to accomplish the call for redemption and the subsequent redemption of the bonds to be refunded on behalf of the board of regents or the board of trustees, as the case may be, of each of the institutions which originally issued the bonds to be refunded; and (3) to determine the time, manner, and call premium, if any, for redemption of the refunding issue or issues, if any of the bonds of such issue are to be redeemed prior to maturity. [1977 ex.s. c 354 § 3.] 28B.14C.030 Reviser’s note: Phrases "as presently in effect" would, because of declaration of emergency in section 17 of 1977 ex.s. c 354, be deemed as of July 1, 1977. 28B.14C.040 Limitation as to amount of bonds to be issued—Pledge of state’s credit. The amount of general obligation refunding bonds issued shall not exceed 1.05 times the amount which, taking into account amounts to be earned from the investment of the proceeds of such issue or issues, is required to pay the principal of, the interest on, premium of, if any, on the revenue bonds to be refunded with the proceeds of the refunding issue or issues. Each bond issued pursuant to the provisions of this chapter shall contain a pledge of the state’s full faith and credit to the payment of the principal thereof and the interest thereon and the state’s unconditional promise to pay said principal and interest as the same shall become due. [1977 ex.s. c 354 § 4.] 28B.14C.040 28B.14C.050 Disposition of proceeds of refunding issues. The proceeds of the refunding issue or issues shall be invested and applied to the payment of the principal of, interest on and redemption premium, if any, on the bonds to be refunded, at the times and in the manner determined by the state finance committee consistent with the provisions and intent of this chapter. Any investment of such proceeds shall be made only in direct general obligations of the United States of America. Any proceeds in excess of the amounts required to accomplish the refunding, or any such direct obligation of the United States of America acquired with such excess proceeds, shall be used to pay the fees and costs incurred in the 28B.14C.050 [Title 28B RCW—page 49] 28B.14C.060 Title 28B RCW: Higher Education refunding and the balance shall be deposited in the institutions of higher education refunding bond retirement fund of 1977. [1977 ex.s. c 354 § 5.] 28B.14C.060 Institutions of higher education refunding bond retirement fund of 1977—Created—Use. There is hereby created in the state treasury the institutions of higher education refunding bond retirement fund of 1977, which fund shall be devoted to the payment of principal of, interest on and redemption premium, if any, on the bonds authorized to be issued pursuant to this chapter. The state finance committee shall, on or before June 30 of each year, certify to the state treasurer the amount needed in the next succeeding twelve months to pay the installments of principal of and interest on the refunding bonds coming due in such period. The state treasurer shall, not less than thirty days prior to the due date of each installment, withdraw from any general state revenues received in the state treasury an amount equal to the amount certified by the state finance committee as being required to pay such installment; shall deposit such amount in the institutions of higher education refunding bond retirement fund of 1977; and shall apply in a timely manner the funds so deposited to the payment of the installment due on the bonds. [1991 sp.s. c 13 § 80; 1977 ex.s. c 354 § 6.] 28B.14C.060 Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. 28B.14C.070 Chapter not exclusive method for payment of interest and principal on bonds. The legislature may provide additional means for the payment of the principal of and interest on bonds issued pursuant to this chapter and this chapter shall not be deemed to provide an exclusive method for such payment. [1977 ex.s. c 354 § 7.] 28B.14C.070 28B.14C.080 Chapter as affecting University of Washington building revenue bond redemption. At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding University of Washington building revenue bonds payable from the University of Washington bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then: (1) The said University of Washington bonds so refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.20.720, 28B.20.725, 28B.20.800 or any other statute pertaining to said bonds or any covenant of the University of Washington board of regents pertaining to said bonds; (2) The board of regents of the University of Washington shall, from moneys thereafter paid into the University of Washington bond retirement fund pursuant to the provisions of chapter 28B.20 RCW, transfer to the state general fund amounts sufficient to pay the principal of and the interest on that portion or series of the refunding bonds necessary to refund the said University of Washington bonds. The state 28B.14C.080 [Title 28B RCW—page 50] finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and (3) Anything to the contrary contained in chapter 28B.20 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the University of Washington bond retirement fund pursuant to covenants in the said University of Washington bonds. (4) Anything to the contrary contained in RCW 28B.20.725 notwithstanding, the board of regents of the University of Washington is empowered to authorize the transfer from time to time to the University of Washington building account any moneys in the University of Washington bond retirement fund in excess of the amounts determined by the state finance committee to be transferred from such bond retirement fund in accordance with subsection (2) of this section. [1985 c 390 § 3; 1977 ex.s. c 354 § 8.] 28B.14C.090 Chapter as affecting Washington State University building revenue bond redemption. At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Washington State University building revenue bonds and building and scientific fund revenue bonds payable from the Washington State University bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then: (1) The said Washington State University bonds so refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.20.720, 28B.30.740, 28B.30.750 or any other statute pertaining to said bonds or any covenant of Washington State University board of regents pertaining to said bonds; (2) The board of regents of Washington State University shall, from moneys thereafter paid into the Washington State University bond retirement fund pursuant to the provisions of chapter 28B.30 RCW, transfer to the state general fund amounts sufficient to pay the principal of and the interest on that portion or series of the refunding bonds necessary to refund the said Washington State University bonds. The state finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and (3) Anything to the contrary contained in chapter 28B.30 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the Washington State University bond retirement fund pursuant to covenants in the said Washington State University bonds. (4) Anything to the contrary contained in RCW 28B.30.750 notwithstanding, the board of regents of Washington State University is empowered to authorize the transfer from time to time to the Washington State University building account any moneys in the Washington State Uni28B.14C.090 (2008 Ed.) 1977 Bond Act for the Refunding of Outstanding Limited Obligation Revenue Bonds versity bond retirement fund in excess of the amounts determined by the state finance committee to be transferred from such bond retirement fund in accordance with subsection (2) of this section. [1985 c 390 § 4; 1977 ex.s. c 354 § 9.] 28B.14C.100 28B.14C.100 Chapter as affecting Western Washington State College building and normal school fund revenue bonds. At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Western Washington State College building and normal school fund revenue bonds payable from the Western Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then: (1) The said Western Washington State College bonds so refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or, other than RCW 28B.40.751, any other statute pertaining to said bonds or any covenant of the board of trustees of Western Washington State College pertaining to said bonds; (2) Anything to the contrary in chapter 28B.40 RCW notwithstanding, all building fees and all normal school fund revenues received by Western Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into the Western Washington State College capital projects account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state general fund, amounts sufficient to pay the principal of and interest on that portion or series of the refunding bonds necessary to refund the said bonds. The state finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and (3) Anything to the contrary contained in chapter 28B.40 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the Western Washington State College bond retirement fund pursuant to covenants in the said Western Washington State College bonds. [1985 c 390 § 5; 1977 ex.s. c 354 § 10.] Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and 28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s. c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington University, respectively, creating three regional Universities within the state, and setting forth the specific laws relating to them in chapter 28B.35 RCW, and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College. "State universities," "regional universities," "state college," "institutions of higher education," and "postsecondary institutions" defined: RCW 28B.10.016. Western Washington University capital projects account: RCW 28B.35.370. (2008 Ed.) 28B.14C.120 28B.14C.110 Chapter as affecting Eastern Washington State College building and normal school fund revenue bonds. At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Eastern Washington State College building and normal school fund revenue bonds payable from the Eastern Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then: (1) The said Eastern Washington State College bonds so refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or, other than RCW 28B.40.751, any other statute pertaining to said bonds or any covenant of the board of trustees of Eastern Washington State College pertaining to said bonds; (2) Anything to the contrary in chapter 28B.40 RCW notwithstanding, all building fees and all normal school fund revenues received by Eastern Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into the Eastern Washington State College capital projects account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state general fund, amounts sufficient to pay the principal of and interest on that portion or series of the refunding bonds necessary to refund the said bonds. The state finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and (3) Anything to the contrary contained in chapter 28B.40 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the Eastern Washington State College bond retirement fund pursuant to covenants in the said Eastern Washington State College bonds. [1985 c 390 § 6; 1977 ex.s. c 354 § 11.] 28B.14C.110 Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and 28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s. c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington University, respectively, creating three regional universities within the state, and setting forth the specific laws relating to them in chapter 28B.35 RCW, and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College. Eastern Washington University capital projects account: RCW 28B.35.370. "State universities," "regional universities," "state college," "institutions of higher education," and "postsecondary institutions" defined: RCW 28B.10.016. 28B.14C.120 Chapter as affecting Central Washington State College building and normal school fund revenue bonds. At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Central Washington State College building and normal school fund revenue bonds payable from the Central 28B.14C.120 [Title 28B RCW—page 51] 28B.14C.130 Title 28B RCW: Higher Education Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then: (1) The said Central Washington State College bonds so refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or, other than RCW 28B.40.751, any other statute pertaining to said bonds or any covenant of the board of trustees of Central Washington State College pertaining to said bonds; (2) Anything to the contrary in chapter 28B.40 RCW notwithstanding, all building fees and all normal school fund revenues received by Central Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into the Central Washington State College capital projects account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state general fund, amounts sufficient to pay the principal of and interest on that portion or series of the refunding bonds necessary to refund the said bonds. The state finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and (3) Anything to the contrary contained in chapter 28B.40 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the Central Washington State College bond retirement fund pursuant to covenants in the said Central Washington State College bonds. [1985 c 390 § 7; 1977 ex.s. c 354 § 12.] Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and 28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s. c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington University, respectively, creating three regional universities within the state and setting forth the specific laws relating to them in chapter 28B.35 RCW and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College. Central Washington University capital projects account: RCW 28B.35.370. "State universities," "regional universities," "state college," "institutions of higher education," and "postsecondary institutions" defined: RCW 28B.10.016. 28B.14C.130 Chapter as affecting Evergreen State College building revenue bonds. At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Evergreen State College building revenue bonds payable from the Evergreen State College bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then: (1) The said Evergreen State College bonds so refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or, other than RCW 28B.40.751, any other statute pertaining to said bonds or any 28B.14C.130 [Title 28B RCW—page 52] covenant of the board of trustees of The Evergreen State College pertaining to said bonds; (2) Anything to the contrary in chapter 28B.40 RCW notwithstanding, all building fees and all normal school fund revenues received by The Evergreen State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into the Evergreen State College capital projects account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state general fund, amounts sufficient to pay the principal of and interest on that portion or series of the refunding bonds necessary to refund the said bonds. The state finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and (3) Anything to the contrary contained in chapter 28B.40 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the Evergreen State College bond retirement fund pursuant to covenants in the said Evergreen State College bonds. [1985 c 390 § 8; 1977 ex.s. c 354 § 13.] Reviser’s note: Reference to RCW 28B.40.370, 28B.40.750, and 28B.40.751 and to "chapter 28B.40 RCW" relates to such sections and chapter as they were before the effective date (September 21, 1977) of 1977 ex.s. c 169, which renamed Central Washington State College, Eastern Washington State College, and Western Washington State College as Central Washington University, Eastern Washington University, and Western Washington University, respectively, creating three regional universities within the state, and setting forth the specific laws relating to them in chapter 28B.35 RCW, and leaving as chapter 28B.40 RCW the specific laws relating to The Evergreen State College. "State universities," "regional universities," "state college," "institutions of higher education," and "postsecondary institutions" defined: RCW 28B.10.016. 28B.14C.140 Use limited when reserves transferred to state general fund. Any reserves transferred to the state general fund by the state treasurer pursuant to RCW 28B.14C.080(3), 28B.14C.090(3), 28B.14C.100(3), 28B.14C.110(3), 28B.14C.120(3), or 28B.14C.130(3) shall be appropriated and expended solely for the maintenance and support of the institutions listed in RCW 28B.14C.010. [1977 ex.s. c 354 § 14.] 28B.14C.140 28B.14C.900 Severability—1977 ex.s. c 354. If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances shall not be affected. [1977 ex.s. c 354 § 15.] 28B.14C.900 Chapter 28B.14D RCW 1979 BOND ISSUE FOR CAPITAL IMPROVEMENTS Chapter 28B.14D Sections 28B.14D.010 Bonds authorized—Amount—Conditions. 28B.14D.020 Bond anticipation notes—Authorized—Payment. 28B.14D.030 Form, terms, conditions, sale and covenants of bonds and notes. 28B.14D.040 Disposition of proceeds from sale of bonds and notes— Higher education construction account. 28B.14D.050 Administration and use of proceeds from bonds and notes. 28B.14D.060 Higher education bond retirement fund of 1979—Created— Purpose—Treasurer’s duties. (2008 Ed.) 1979 Bond Issue for Capital Improvements 28B.14D.070 Building or capital projects account moneys deposited in general fund. 28B.14D.080 Bonds as legal investment for public funds. 28B.14D.090 Prerequisite for issuance of bonds. 28B.14D.900 Construction—Provisions as subordinate in nature. 28B.14D.950 Severability—1979 ex.s. c 253. 28B.14D.010 28B.14D.010 Bonds authorized—Amount—Conditions. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing, and equipping of state buildings and facilities for the institutions of higher education, the state finance committee is authorized to issue from time to time general obligation bonds of the state of Washington in the sum of forty-six million dollars, or so much thereof as may be required, to finance these projects and all costs incidental thereto. No bonds authorized by this chapter shall be offered for sale without prior legislative appropriation, and these bonds shall be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state Constitution. [1979 ex.s. c 253 § 1.] 28B.14D.020 28B.14D.020 Bond anticipation notes—Authorized—Payment. When the state finance committee has determined to issue the general obligation bonds or a portion thereof as authorized in RCW 28B.14D.010, it may, pending the issuance thereof, issue in the name of the state temporary notes in anticipation of the issuance of the bonds, which notes shall be designated as "bond anticipation notes." Such portion of the proceeds of the sale of the bonds as may be required for the payment of principal of and redemption premium, if any, and interest on the notes shall be applied thereto when the bonds are issued. [1979 ex.s. c 253 § 2.] 28B.14D.030 28B.14D.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is authorized to prescribe the form, terms, conditions, and covenants of the bonds and the bond anticipation notes provided for in RCW 28B.14D.010 and 28B.14D.020, the time or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. Each bond and bond anticipation note shall pledge the full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due. [1979 ex.s. c 253 § 3.] 28B.14D.040 Disposition of proceeds from sale of bonds and notes—Higher education construction account. The proceeds from the sale of the bonds authorized in this chapter, together with all grants, donations, transferred funds, and all other moneys which the state finance committee or the board of regents or board of trustees of any of the state institutions of higher education may direct the state treasurer to deposit therein, shall be deposited in the higher education construction account hereby created in the state treasury. [1991 sp.s. c 13 § 8; 1985 c 57 § 13; 1979 ex.s. c 253 § 4.] 28B.14D.040 Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Effective date—1985 c 57: See note following RCW 18.04.105. (2008 Ed.) 28B.14D.080 28B.14D.050 Administration and use of proceeds from bonds and notes. Subject to legislative appropriation, all proceeds of the bonds and bond anticipation notes authorized in this chapter shall be administered and expended by the boards of regents or the boards of trustees of the state institutions of higher education exclusively for the purposes specified in this chapter and for the payment of the expenses incurred in connection with the sale and issuance of such bonds and bond anticipation notes. [1979 ex.s. c 253 § 5.] 28B.14D.050 28B.14D.060 Higher education bond retirement fund of 1979—Created—Purpose—Treasurer’s duties. The higher education bond retirement fund of 1979 is hereby created in the state treasury for the purpose of the payment of principal of and interest on the bonds authorized to be issued under this chapter or, if the legislature so determines, for any bonds and notes hereafter authorized and issued for the institutions of higher education. Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the bonds and bond anticipation notes authorized by this chapter remaining in the higher education construction account shall be transferred by the state treasurer upon authorization of the board of regents or the board of trustees of each institution, as appropriate, to the higher education bond retirement fund of 1979 to reduce the transfer or transfers required by RCW 28B.14D.070. The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the bonds. Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the higher education bond retirement fund of 1979 an amount equal to the amount certified by the state finance committee to be due on the payment date. [1979 ex.s. c 253 § 6.] 28B.14D.060 28B.14D.070 Building or capital projects account moneys deposited in general fund. On or before June 30th of each year the state finance committee shall determine the relative shares of the principal and interest payments determined pursuant to RCW 28B.14D.060, exclusive of deposit interest credit, attributable to each of the institutions of higher education in proportion to the principal amount of bonds issued under this chapter for purposes of funding projects for each institution. On each date on which any interest or principal and interest payment is due, the board of regents or the board of trustees of each institution of higher education shall cause the amount so computed to be paid out of the appropriate building account or capital projects account to the state treasurer for deposit into the general fund of the state treasury. [1979 ex.s. c 253 § 7.] 28B.14D.070 28B.14D.080 Bonds as legal investment for public funds. The bonds authorized by this chapter shall constitute a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1979 ex.s. c 253 § 8.] 28B.14D.080 [Title 28B RCW—page 53] 28B.14D.090 Title 28B RCW: Higher Education 28B.14D.090 28B.14D.090 Prerequisite for issuance of bonds. The bonds authorized by this chapter shall be issued only after an officer designated by the board of regents or board of trustees of each institution of higher education receiving an appropriation from the higher education construction account has certified, based upon his estimates of future tuition income and other factors, that an adequate balance will be maintained in that institution’s building account or capital projects account to enable the board to meet the requirements of RCW 28B.14D.070 during the life of the bonds to be issued. [1979 ex.s. c 253 § 9.] 28B.14D.900 28B.14D.900 Construction—Provisions as subordinate in nature. No provision of this chapter or *chapter 43.99 RCW, or of RCW 28B.20.750 through 28B.20.758 shall be deemed to repeal, override, or limit any provision of RCW 28B.10.300 through 28B.10.335, 28B.15.210, 28B.15.310, 28B.20.700 through 28B.20.745, 28B.30.700 through 28B.30.780, or 28B.35.700 through 28B.35.790, nor any provision or covenant of the proceedings of the board of regents or board of trustees of any state institution of higher education heretofore or hereafter taken in the issuance of its revenue bonds secured by a pledge of its building fees and/or other revenues mentioned within such statutes. The obligation of such boards to make the transfers provided for in RCW 28B.14D.070, 28B.14C.080(2), 28B.14C.090(2), 28B.14C.100(2), 28B.14C.110(2), 28B.14C.120(2), 28B.14C.130(2), 28B.14G.060, 28B.20.757, 43.99G.070, and 43.99H.060 (1) and (4), and in any similar law heretofore or hereafter enacted shall be subject and subordinate to the lien and charge of any revenue bonds heretofore or hereafter issued by such boards on the building fees and/or other revenues pledged to secure such revenue bonds, and on the moneys in the building account or capital project account and the individual institutions of higher education bond retirement funds. [1991 sp.s. c 31 § 9; 1985 c 390 § 9; 1979 ex.s. c 253 § 10.] *Reviser’s note: Chapter 43.99 RCW was recodified as chapter 79A.25 RCW pursuant to 1999 c 249 § 1601. Severability—1991 sp.s. c 31: See RCW 43.99I.900. 28B.14D.950 28B.14D.950 Severability—1979 ex.s. c 253. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 253 § 12.] Chapter 28B.14E Chapter 28B.14E RCW 1979 BOND ISSUE FOR CAPITAL IMPROVEMENTS Sections 28B.14E.010 Bonds authorized—Amount—Conditions. 28B.14E.020 Bond anticipation notes—Authorized—Payment. 28B.14E.030 Form, terms, conditions, sale and covenants of bonds and notes. 28B.14E.040 Disposition of proceeds from sale of bonds and notes—Use. 28B.14E.050 Existing fund utilized for payment of principal and interest— Treasurer’s duties. 28B.14E.060 Bonds as legal investment for public funds. 28B.14E.950 Severability—1979 ex.s. c 223. [Title 28B RCW—page 54] 28B.14E.010 Bonds authorized—Amount—Conditions. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for the institutions of higher education, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of fourteen million dollars, or so much thereof as may be required, to finance these projects, and all costs incidental thereto. No bonds authorized by this chapter shall be offered for sale without prior legislative appropriation, and these bonds shall be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state Constitution. [1979 ex.s. c 223 § 1.] 28B.14E.010 28B.14E.020 Bond anticipation notes—Authorized—Payment. When the state finance committee has determined to issue the general obligation bonds or a portion thereof as authorized in RCW 28B.14E.010, it may, pending the issuance thereof, issue in the name of the state temporary notes in anticipation of the issuance of the bonds, which notes shall be designated as "bond anticipation notes". Such portion of the proceeds of the sale of the bonds as may be required for the payment of principal of and redemption premium, if any, and interest on the notes shall be applied thereto when the bonds are issued. [1979 ex.s. c 223 § 2.] 28B.14E.020 28B.14E.030 Form, terms, conditions, sale and covenants of bonds and notes. The state finance committee is authorized to prescribe the form, terms, conditions, and covenants of the bonds and/or the bond anticipation notes provided for in RCW 28B.14E.010 and 28B.14E.020, the time or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. Each bond and bond anticipation note shall pledge the full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due. [1979 ex.s. c 223 § 3.] 28B.14E.030 28B.14E.040 Disposition of proceeds from sale of bonds and notes—Use. Except for that portion of the proceeds required to pay bond anticipation notes under RCW 28B.14E.020, the proceeds from the sale of the bonds and/or bond anticipation notes authorized in this chapter, together with all grants, donations, transferred funds, and all other moneys which the state finance committee may direct the state treasurer to deposit therein, shall be deposited in the state higher education construction account of the general fund in the state treasury. All such proceeds shall be used exclusively for the purposes specified in this chapter and for the payment of the expenses incurred in connection with the sale and issuance of the bonds and bond anticipation notes. [1979 ex.s. c 223 § 4.] 28B.14E.040 28B.14E.050 Existing fund utilized for payment of principal and interest—Treasurer’s duties. The state higher education bond retirement fund of 1977 in the state treasury shall be used for the purpose of the payment of principal of and interest on the bonds authorized to be issued under this chapter or, if the legislature so determines, for any 28B.14E.050 (2008 Ed.) Bond Issues for Capital Improvements bonds and notes hereafter authorized and issued for the institutions of higher education. The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the bonds. Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the state higher education bond retirement fund of 1977 an amount equal to the amount certified by the state finance committee to be due on the payment date. [1979 ex.s. c 223 § 5.] 28B.14E.060 Bonds as legal investment for public funds. The bonds authorized in RCW 28B.14E.010 through 28B.14E.050 shall constitute a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1979 ex.s. c 223 § 6.] 28B.14F.060 the institutions of higher education, including facilities for the community college system, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of eight million one hundred thousand dollars, or so much thereof as may be required, to finance these projects, and all costs incidental thereto. No bonds authorized by this section may be offered for sale without prior legislative appropriation. [1981 c 232 § 1.] 28B.14F.020 Bonds to pledge credit of state, promise to pay. Each bond shall pledge the full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due. [1981 c 232 § 2.] 28B.14F.020 28B.14E.060 28B.14E.950 Severability—1979 ex.s. c 223. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 223 § 8.] 28B.14E.950 Chapter 28B.14F RCW BOND ISSUES FOR CAPITAL IMPROVEMENTS Chapter 28B.14F Sections 1981 BOND ISSUE 28B.14F.010 28B.14F.020 28B.14F.030 28B.14F.040 28B.14F.050 Bonds authorized—Amount—Condition. Bonds to pledge credit of state, promise to pay. Disposition of proceeds from sale of bonds—Use. Existing fund utilized for payment of principal and interest—Committee and treasurer’s duties. Bonds as legal investment for public funds. 1983 BOND ISSUE 28B.14F.060 28B.14F.062 28B.14F.064 28B.14F.066 28B.14F.068 Bonds authorized—Amount—Condition. Disposition of proceeds from sale of bonds—Use. Existing fund utilized for payment of principal and interest—Committee and treasurer’s duties—Form and conditions of bonds. Refunding bonds—Legislature may provide additional means for payment. Bonds as legal investment for public funds. 1984 BOND ISSUE 28B.14F.070 28B.14F.072 28B.14F.074 28B.14F.076 28B.14F.078 Bonds authorized—Amount—Condition. Disposition of proceeds from sale of bonds—Use. Existing fund utilized for payment of principal and interest. Legislature may provide additional methods of raising money. Bonds as legal investment for public funds. 28B.14F.950 28B.14F.951 28B.14F.952 Severability—1981 c 232. Severability—1983 1st ex.s. c 58. Severability—1984 c 264. CONSTRUCTION 1981 BOND ISSUE 28B.14F.010 Bonds authorized—Amount—Condition. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for 28B.14F.030 Disposition of proceeds from sale of bonds—Use. The proceeds from the sale of the bonds authorized in RCW 28B.14F.010 through 28B.14F.050, together with all grants, donations, transferred funds, and all other moneys which the state finance committee may direct the state treasurer to deposit therein, shall be deposited in the state higher education construction account of the general fund in the state treasury. All such proceeds shall be used exclusively for the purposes specified in RCW 28B.14F.010 through 28B.14F.050 and for the payment of the expenses incurred in connection with the sale and issuance of the bonds. [1981 c 232 § 3.] 28B.14F.030 28B.14F.040 Existing fund utilized for payment of principal and interest—Committee and treasurer’s duties. The state higher education bond retirement fund of 1977 in the state treasury shall be used for the purpose of the payment of principal of and interest on the bonds authorized to be issued under RCW 28B.14F.010 through 28B.14F.050. The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the bonds. Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the state higher education bond retirement fund of 1977 an amount equal to the amount certified by the state finance committee to be due on the payment date. The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [1981 c 232 § 4.] 28B.14F.040 28B.14F.050 Bonds as legal investment for public funds. The bonds authorized in RCW 28B.14F.010 through 28B.14F.040 shall constitute a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1981 c 232 § 5.] 28B.14F.050 1983 BOND ISSUE 28B.14F.010 (2008 Ed.) 28B.14F.060 Bonds authorized—Amount—Condition. For the purpose of providing needed capital improve28B.14F.060 [Title 28B RCW—page 55] 28B.14F.062 Title 28B RCW: Higher Education ments consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for the institutions of higher education, including facilities for the community college system, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of eleven million two hundred fifty thousand dollars, or so much thereof as may be required, to finance these projects and all costs incidental thereto. No bonds authorized in this section may be offered for sale without prior legislative appropriation. [1983 1st ex.s. c 58 § 1.] 28B.14F.062 Disposition of proceeds from sale of bonds—Use. The proceeds from the sale of the bonds authorized in RCW 28B.14F.060, together with all grants, donations, transferred funds, and all other moneys which the state finance committee may direct the state treasurer to deposit therein, shall be deposited in the state higher education construction account in the general fund and shall be used exclusively for the purposes specified in RCW 28B.14F.060 and for the payment of expenses incurred in the issuance and sale of the bonds. [1983 1st ex.s. c 58 § 2.] 28B.14F.062 28B.14F.064 Existing fund utilized for payment of principal and interest—Committee and treasurer’s duties—Form and conditions of bonds. The state higher education bond retirement fund of 1977 shall be used for the payment of the principal of and interest on the bonds authorized in RCW 28B.14F.060. The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements. Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the state higher education bond retirement fund of 1977 an amount equal to the amount certified by the state finance committee to be due on the payment date. Bonds issued under RCW 28B.14F.060 shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due. The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [1983 1st ex.s. c 58 § 3.] 28B.14F.064 28B.14F.066 Refunding bonds—Legislature may provide additional means for payment. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in RCW 28B.14F.060, and RCW 28B.14F.064 shall not be deemed to provide an exclusive method for the payment. [1983 1st ex.s. c 58 § 4.] 28B.14F.066 28B.14F.068 Bonds as legal investment for public funds. The bonds authorized in RCW 28B.14F.060 shall be 28B.14F.068 [Title 28B RCW—page 56] a legal investment for all state funds or funds under state control and for all funds of any other public body. [1983 1st ex.s. c 58 § 5.] 1984 BOND ISSUE 28B.14F.070 28B.14F.070 Bonds authorized—Amount—Condition. For the purpose of acquiring land and providing needed capital improvements consisting of the acquisition, design, construction, repair, modification, and equipping of state buildings and facilities, including heating and utility distribution systems, for the community college system and the University of Washington, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of eight million six hundred seventy thousand dollars, or so much thereof as may be required, to finance these projects and all costs incidental thereto. Bonds authorized in this section may be sold at such price as the state finance committee shall determine. No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. [1984 c 264 § 1.] 28B.14F.072 28B.14F.072 Disposition of proceeds from sale of bonds—Use. The proceeds from the sale of the bonds authorized in RCW 28B.14F.070, together with all grants, donations, transferred funds, and all other moneys which the state finance committee may direct the state treasurer to deposit therein, shall be deposited in the state higher education construction account in the general fund and shall be used exclusively for the purposes specified in RCW 28B.14F.070 and for the payment of expenses incurred in the issuance and sale of the bonds. [1984 c 264 § 2.] 28B.14F.074 28B.14F.074 Existing fund utilized for payment of principal and interest. The state higher education bond retirement fund of 1977 shall be used for the payment of the principal of and interest on the bonds authorized in RCW 28B.14F.070. The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements. Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the state higher education bond retirement fund of 1977 an amount equal to the amount certified by the state finance committee to be due on the payment date. Bonds issued under RCW 28B.14F.070 shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due. The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [1984 c 264 § 3.] (2008 Ed.) 1981 Bond Issue for Capital Improvements (1981 c 233) 28B.14F.076 Legislature may provide additional methods of raising money. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in RCW 28B.14F.070, and RCW 28B.14F.074 shall not be deemed to provide an exclusive method for the payment. [1984 c 264 § 4.] 28B.14F.076 28B.14F.078 Bonds as legal investment for public funds. The bonds authorized in RCW 28B.14F.070 shall be a legal investment for all state funds or funds under state control and for all funds of any other public body. [1984 c 264 § 5.] 28B.14F.078 CONSTRUCTION 28B.14F.950 Severability—1981 c 232. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1981 c 232 § 6.] 28B.14F.950 28B.14G.060 lion dollars, or so much thereof as may be required, to finance these projects and all costs incidental thereto. No bonds authorized by this section may be offered for sale without prior legislative appropriation. [1981 c 233 § 1.] 28B.14G.020 Bonds to pledge credit of state, promise to pay. Each bond shall pledge the full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due. [1981 c 233 § 2.] 28B.14G.020 28B.14G.030 Disposition of proceeds from sale of bonds. The proceeds from the sale of the bonds authorized in this chapter, together with all grants, donations, transferred funds, and all other moneys which the state finance committee or the board of regents or board of trustees of any of the state institutions of higher education may direct the state treasurer to deposit therein, shall be deposited in the higher education construction account of the general fund. [1981 c 233 § 3.] 28B.14G.030 28B.14G.040 Administration and expenditure of proceeds from sale of bonds—Condition. Subject to legislative appropriation, all proceeds of the bonds authorized in this chapter shall be administered and expended by the boards of regents or the boards of trustees of the state institutions of higher education exclusively for the purposes specified in this chapter and for the payment of the expenses incurred in connection with the sale and issuance of such bonds. [1981 c 233 § 4.] 28B.14G.040 28B.14F.951 Severability—1983 1st ex.s. c 58. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1983 1st ex.s. c 58 § 6.] 28B.14F.951 28B.14F.952 Severability—1984 c 264. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1984 c 264 § 6.] 28B.14F.952 Chapter 28B.14G RCW 1981 BOND ISSUE FOR CAPITAL IMPROVEMENTS (1981 C 233) Chapter 28B.14G Sections 28B.14G.010 28B.14G.020 28B.14G.030 28B.14G.040 28B.14G.050 28B.14G.060 28B.14G.070 28B.14G.080 28B.14G.900 28B.14G.950 Bonds authorized—Amount—Condition. Bonds to pledge credit of state, promise to pay. Disposition of proceeds from sale of bonds. Administration and expenditure of proceeds from sale of bonds—Condition. Existing fund utilized for payment of principal and interest— Committee and treasurer’s duties. Apportioning shares of principal and interest payments— Committee and treasurer’s duties. Bonds as legal investment for public funds. Issuance of bonds subject to certification of maintenance of fund balances. Construction—Provisions as subordinate in nature. Severability—1981 c 233. 28B.14G.010 Bonds authorized—Amount—Condition. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing, and equipping of state buildings and facilities for the institutions of higher education and capital improvements consisting of land acquisition, construction, remodeling, furnishing, and equipping of the hospital and related facilities for the University of Washington, the state finance committee is authorized to issue from time to time general obligation bonds of the state of Washington in the sum of eighty-six mil28B.14G.010 (2008 Ed.) 28B.14G.050 Existing fund utilized for payment of principal and interest—Committee and treasurer’s duties. The higher education bond retirement fund of 1979 shall be used for the purpose of the payment of principal of and interest on the bonds authorized to be issued under this chapter. Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the bonds authorized by this chapter remaining in the higher education construction account shall be transferred by the state treasurer upon authorization of the board of regents or the board of trustees of each institution, as appropriate, to the higher education bond retirement fund of 1979 to reduce the transfer or transfers required by RCW 28B.14G.060. The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the payment of the principal of and the interest coming due on the bonds. Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the higher education bond retirement fund of 1979 an amount equal to the amount certified by the state finance committee to be due on the payment date. [1981 c 233 § 5.] 28B.14G.050 28B.14G.060 Apportioning shares of principal and interest payments—Committee and treasurer’s duties. On or before June 30th of each year the state finance commit28B.14G.060 [Title 28B RCW—page 57] 28B.14G.070 Title 28B RCW: Higher Education tee shall determine the relative shares of the principal and interest payments determined under RCW 28B.14G.050, exclusive of deposit interest credit, attributable to each of the institutions of higher education in proportion to the principal amount of bonds issued under this chapter for purposes of funding projects for each institution. On each date on which any interest or principal and interest payment is due, the board of regents or the board of trustees of each institution of higher education shall cause the amount so computed to be paid out of the appropriate building account or capital projects account to the state treasurer for deposit into the general fund of the state treasury: PROVIDED, That the amount of such principal and interest attributable to any hospitalrelated project at the University of Washington shall be paid out of the appropriate local hospital account. [1981 c 233 § 6.] 28B.14G.070 Bonds as legal investment for public funds. The bonds authorized by this chapter shall constitute a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1981 c 233 § 7.] University of Washington hospital local fund. [1985 c 390 § 10; 1982 1st ex.s. c 48 § 14; 1981 c 233 § 9.] *Reviser’s note: RCW 28B.15.402 was repealed by 1995 1st sp.s. c 9 § 13. Severability—1982 1st ex.s. c 48: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 1st ex.s. c 48 § 23.] 28B.14G.950 Severability—1981 c 233. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1981 c 233 § 10.] 28B.14G.950 Chapter 28B.14H RCW WASHINGTON’S FUTURE BOND ISSUE Chapter 28B.14H 28B.14G.070 28B.14G.080 Issuance of bonds subject to certification of maintenance of fund balances. The bonds authorized by this chapter shall be issued only after an officer designated by the board of regents or board of trustees of each institution of higher education receiving an appropriation from the higher education construction account has certified, based upon his estimates of future tuition income and other factors, that an adequate balance will be maintained in that institution’s building account or capital projects account to enable the board to meet the requirements of RCW 28B.14G.060 during the life of the bonds to be issued: PROVIDED, That with respect to any hospital-related project at the University of Washington, it shall be certified, based on estimates of the hospital’s adjusted gross revenues and other factors, that an adequate balance will be maintained in that institution’s local hospital account to enable the board to meet the requirements of RCW 28B.14G.060 during the life of the bonds to be issued. [1981 c 233 § 8.] 28B.14G.080 28B.14G.900 Construction—Provisions as subordinate in nature. No provision of this chapter shall be deemed to repeal, override, or limit any provision of RCW 28B.15.210, 28B.15.310, *28B.15.402, 28B.20.700 through 28B.20.745, 28B.30.700 through 28B.30.780, or 28B.35.700 through 28B.35.790, nor any provision or covenant of the proceedings of the board of regents or board of trustees of any state institution of higher education hereafter taken in the issuance of its revenue bonds secured by a pledge of its building fees and/or other revenues mentioned within such statutes. The obligation of the board to make the transfers provided for in RCW 28B.14G.060, chapters 28B.14C and 28B.14D RCW, and RCW 28B.20.757 shall be subject and subordinate to the lien and charge of any revenue bonds hereafter issued against building fees and/or other revenues pledged to pay and secure such bonds, and on the moneys in the building account, capital project account, the individual institutions of higher education bond retirement funds and the 28B.14G.900 [Title 28B RCW—page 58] Sections 28B.14H.005 28B.14H.010 28B.14H.020 28B.14H.030 28B.14H.040 28B.14H.050 28B.14H.060 28B.14H.070 28B.14H.080 28B.14H.090 28B.14H.100 28B.14H.110 Intent. Definitions. Washington’s future bonds authorized. Bond issuance—Intent. Terms and covenants. Proceeds. Projects for the 2005-07 and 2007-09 biennia—Intent. Payment procedures. Bonds—Legal investment for public funds. Additional methods of paying debt service authorized. Chapter supplemental. Creation of the Gardner-Evans higher education construction account. 28B.14H.900 Severability—2003 1st sp.s. c 18. 28B.14H.901 Short title. 28B.14H.902 Captions not law. 28B.14H.005 Intent. The state’s institutions of higher education are a vital component of the future economic prosperity of our state. In order to ensure that Washington continues to be able to provide a highly qualified workforce that can attract businesses and support the economic vitality of the state, it is the intent of chapter 18, Laws of 2003 1st sp. sess. to provide new money for capital projects to help fulfill higher education needs across the state. This new source of funding for the critical capital needs of the state’s institutions of higher education furthers the mission of higher education and is intended to enhance the abilities of those institutions, over the next six years, to fulfill their critical roles in maintaining and stimulating the state’s economy. It is the intent of the legislature that this new source of funding not displace funding levels for the capital and operating budgets of the institutions of higher education. It is instead intended that the new funding will allow the institutions, over the next three biennia, to use the current level of capital funding to provide for many of those urgent preservation, replacement, and maintenance needs that have been deferred. This approach is designed to maintain or improve the current infrastructure of our institutions of higher education, and simultaneously to provide new instruction and research capacity to serve the increasing number of traditional college-aged students and those adults returning to college to update skills or retrain so that they can meet the demands of Washington’s changing workforce. This new source of funding may also be used for major preservation 28B.14H.005 (2008 Ed.) Washington’s Future Bond Issue projects that renovate, replace, or modernize facilities to enhance capacity/access by maintaining or improving the usefulness of existing space for important instruction and research programs. [2003 1st sp.s. c 18 § 2.] 28B.14H.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Bonds" means bonds, notes, commercial paper, certificates of indebtedness, or other evidences of indebtedness of the state issued under this chapter. (2) "Institutions of higher education" means the University of Washington and Washington State University, Western Washington University at Bellingham, Central Washington University at Ellensburg, Eastern Washington University at Cheney, The Evergreen State College, and the community colleges and technical colleges as defined by RCW 28B.50.030. (3) "Washington’s future bonds" means all or any portion of the general obligation bonds authorized in RCW 28B.14H.020. [2003 1st sp.s. c 18 § 3.] 28B.14H.010 28B.14H.020 Washington’s future bonds authorized. (1) For the purpose of providing needed capital improvements consisting of the predesign, design, acquisition, construction, modification, renovation, expansion, equipping, and other improvement of state buildings and facilities for the institutions of higher education, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of seven hundred seventy-two million five hundred thousand dollars, or so much thereof as may be required, to finance all or a part of the cost of these projects and all costs incidental thereto. The bonds issued under the authority of this section shall be known as Washington’s future bonds. (2) Bonds authorized in this section shall be sold in the manner, at the time or times, in amounts, and at such prices as the state finance committee shall determine. (3) No bonds authorized in this section may be offered for sale without prior legislative appropriation of the net proceeds of the sale of the bonds. [2003 1st sp.s. c 18 § 4.] 28B.14H.020 28B.14H.030 Bond issuance—Intent. It is the intent of the legislature that the proceeds of new bonds authorized in this chapter will be appropriated in phases over three biennia, beginning with the 2003-2005 biennium, to provide additional funding for capital projects and facilities of the institutions of higher education above historical levels of funding. This chapter is not intended to limit the legislature’s ability to appropriate bond proceeds if the full amount authorized in this chapter has not been appropriated after three biennia, and the authorization to issue bonds contained in this chapter does not expire until the full authorization has been appropriated and issued. [2003 1st sp.s. c 18 § 5.] 28B.14H.030 28B.14H.040 Terms and covenants. (1) The state finance committee is authorized to prescribe the form, terms, conditions, and covenants of the bonds provided for in this chapter, the time or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. 28B.14H.040 (2008 Ed.) 28B.14H.060 (2) Bonds issued under this chapter shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional promise to pay the principal and interest as the same shall become due. [2003 1st sp.s. c 18 § 6.] 28B.14H.050 Proceeds. (1)(a) The proceeds from the sale of the bonds authorized in RCW 28B.14H.020 shall be deposited in the Gardner-Evans higher education construction account created in RCW 28B.14H.110. (b) If the state finance committee deems it necessary to issue the bonds authorized in RCW 28B.14H.020 as taxable bonds in order to comply with federal internal revenue service rules and regulations pertaining to the use of nontaxable bond proceeds, the proceeds of such taxable bonds shall be deposited to the state taxable building construction account in lieu of any deposit otherwise provided by this section. The state treasurer shall submit written notice to the director of financial management if it is determined that any such deposit to the state taxable building construction account is necessary. Moneys in the account may be spent only after appropriation. (2) The proceeds shall be used exclusively for the purposes in RCW 28B.14H.020 and for the payment of the expenses incurred in connection with the sale and issuance of the bonds. [2005 c 487 § 6; 2003 1st sp.s. c 18 § 7.] 28B.14H.050 Severability—Effective date—2005 c 487: See RCW 43.99S.900 and 43.99S.901. 28B.14H.060 Projects for the 2005-07 and 2007-09 biennia—Intent. The legislature intends to use the proceeds from the sale of bonds issued under this chapter for the following projects during the 2005-07 and 2007-09 biennia: (1) For the University of Washington: (a) Life sciences I building; (b) Bothell branch campus phase 2B; (2) For Washington State University: (a) Spokane Riverpoint campus - academic center building; (b) Pullman campus - Holland Library renovation; (c) Pullman campus - biotechnology/life sciences 1; (d) TriCities campus - bioproducts and sciences building; and (e) Intercollegiate College of Nursing, Spokane - nursing building at Riverpoint; (3) For Eastern Washington University: Hargreaves Hall; (4) For Central Washington University: Hogue technology; (5) For The Evergreen State College: (a) Daniel J. Evans building; (b) Communications building and theater expansion; (6) For Western Washington University: (a) Academic instructional center; (b) Parks Hall; (c) Performing Arts Center renovation; (7) For the community and technical college system: (a) Green River Community College science building; (b) Walla Walla Community College basic skills/computer lab; 28B.14H.060 [Title 28B RCW—page 59] 28B.14H.070 Title 28B RCW: Higher Education (c) Pierce College Puyallup, communication arts and allied health; or (8) For other projects that maintain or increase access to institutions of higher education. [2003 1st sp.s. c 18 § 8.] 28B.14H.070 Payment procedures. (1) The debt-limit general fund bond retirement account shall be used for the payment of the principal of and interest on the bonds authorized in this chapter. (2) The state finance committee shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet the bond retirement and interest requirements on the bonds authorized in this chapter. (3) On each date on which any interest or principal and interest payment is due on bonds issued under this chapter, the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the debtlimit general fund bond retirement account an amount equal to the amount certified by the state finance committee to be due on the payment date. (4) The owner and holder of each of the bonds or the trustee for the owner and holder of any of the bonds may by mandamus or other appropriate proceeding require the transfer and payment of funds as directed in this section. [2003 1st sp.s. c 18 § 9.] application of the provision to other persons or circumstances is not affected. [2003 1st sp.s. c 18 § 15.] 28B.14H.901 Short title. This act shall be known as the building Washington’s future act. [2003 1st sp.s. c 18 § 1.] 28B.14H.901 28B.14H.070 28B.14H.080 Bonds—Legal investment for public funds. The bonds authorized by this chapter shall constitute a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [2003 1st sp.s. c 18 § 10.] 28B.14H.080 28B.14H.090 Additional methods of paying debt service authorized. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized under this chapter, and RCW 28B.14H.070 shall not be deemed to provide an exclusive method for payment. [2003 1st sp.s. c 18 § 11.] 28B.14H.090 28B.14H.100 Chapter supplemental. This chapter provides a complete, additional, and alternative method for accomplishing the purposes of this chapter and is supplemental and additional to powers conferred by other laws. The issuance of bonds under this chapter shall not be deemed to be the only method to fund projects under this chapter. [2003 1st sp.s. c 18 § 12.] 28B.14H.100 28B.14H.110 Creation of the Gardner-Evans higher education construction account. The Gardner-Evans higher education construction account is created in the state treasury. Proceeds from the bonds issued under RCW 28B.14H.020 shall be deposited in the account. The account shall be used for purposes of RCW 28B.14H.020. Moneys in the account may be spent only after appropriation. [2003 1st sp.s. c 18 § 13.] 28B.14H.110 28B.14H.900 Severability—2003 1st sp.s. c 18. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the 28B.14H.900 [Title 28B RCW—page 60] 28B.14H.902 Captions not law. Captions used in this act are not any part of the law. [2003 1st sp.s. c 18 § 14.] 28B.14H.902 Chapter 28B.15 Chapter 28B.15 RCW COLLEGE AND UNIVERSITY FEES Sections 28B.15.005 28B.15.011 "Colleges and universities" defined. Classification as resident or nonresident student—Legislative intent. 28B.15.012 Classification as resident or nonresident student—Definitions. 28B.15.013 Classification as resident or nonresident student—Standards for determining domicile in the state—Presumptions— Cut-off date for classification application change. 28B.15.0131 Resident tuition rates—American Indian students. 28B.15.0139 Resident tuition rates—Border county higher education opportunity project. 28B.15.014 Exemption from nonresident tuition fees differential. 28B.15.015 Classification as resident or nonresident student—Board to adopt rules relating to students’ residency status, recovery of fees. 28B.15.020 "Tuition fees" defined—Use. 28B.15.022 "Nonresident tuition fees differential" defined. 28B.15.025 "Building fees" defined—Use. 28B.15.031 "Operating fees"—Defined—Disposition. 28B.15.041 "Services and activities fees" defined. 28B.15.043 "Services and activities fees"—Allocations from for institutional loan fund for needy students. 28B.15.044 Services and activities fees—Legislative declaration on expenditure. 28B.15.045 Services and activities fees—Guidelines governing establishment and funding of programs supported by—Scope— Mandatory provisions—Dispute resolution. 28B.15.051 "Technology fees"—Defined—Use—Student government approval. 28B.15.065 Adjustment of state appropriations for needy student financial aid. 28B.15.066 General fund appropriations to institutions of higher education. 28B.15.067 Tuition fees—Established. 28B.15.068 Tuition fees increase limitations—State funding goals— Reports—"Global challenge states." 28B.15.0681 Tuition billing statements—Disclosures to students. 28B.15.069 Building fees—Services and activities fees—Other fees. 28B.15.100 Tuition and fees set by individual institutions—Limitations—Tuition and fees for certain part-time, additional time, and out-of-state students. 28B.15.110 Tuition and fees when joint program of four year institutions—Supplemental fees, when. 28B.15.210 Fees—University of Washington—Disposition of building fees. 28B.15.220 Fees—University of Washington—Disposition of special fees. 28B.15.225 Exemption from fees of schools of medicine or dentistry at University of Washington—Exemption from nonresident tuition fees differential for participants in the Washington, Alaska, Montana, Idaho, or Wyoming program at Washington State University. 28B.15.310 Fees—Washington State University—Disposition of building fees. 28B.15.380 Exemption from payment of fees at state universities, regional universities, and The Evergreen State College— Children of certain law enforcement officers or firefighters. 28B.15.385 "Totally disabled" defined for certain purposes. 28B.15.411 Fees—Installment payments. 28B.15.450 Gender equity—Intent. 28B.15.455 Gender equity—Goals. 28B.15.460 Gender equity—Tuition and fee waivers—Institutional plan for underrepresented gender class. 28B.15.465 Gender equity—Reports. (2008 Ed.) College and University Fees 28B.15.470 28B.15.475 28B.15.515 28B.15.520 28B.15.522 28B.15.524 28B.15.526 28B.15.527 28B.15.540 28B.15.543 28B.15.544 28B.15.545 28B.15.546 28B.15.555 28B.15.556 28B.15.558 28B.15.600 28B.15.605 28B.15.610 28B.15.615 28B.15.621 28B.15.625 28B.15.700 28B.15.725 28B.15.730 28B.15.732 28B.15.734 28B.15.736 28B.15.740 28B.15.750 28B.15.752 28B.15.754 28B.15.756 28B.15.758 28B.15.760 28B.15.762 28B.15.764 28B.15.766 28B.15.790 28B.15.792 28B.15.794 28B.15.796 28B.15.800 28B.15.805 28B.15.820 (2008 Ed.) Gender equity—"Underrepresented gender class," "equitable" defined. Gender equity—Construction—1989 c 340. Community colleges—State-funded enrollment levels— Summer school—Enrollment level variances. Waiver of fees and nonresident tuition fees differential— Community colleges. Waiver of tuition and fees for long-term unemployed or underemployed persons—Community colleges. Community college international student exchange program. Community college international student exchange program—Resident tuition for participants authorized. Waiver of nonresident tuition fees differential for students of foreign nations—Community colleges. Waiver of tuition and fees for residents sixty years of age or older—Limitations. Waiver or grant of tuition and fees for recipients of the Washington scholars award—Qualifications. Waiver of nonresident tuition fees differential for western undergraduate exchange program students. Waiver of tuition and fees for recipients of the Washington award for vocational excellence—Grants. Second-year waiver of tuition and fees for recipients of the Washington award for vocational excellence. Waiver of tuition and fees for students of foreign nations— Intent. Waiver of tuition and fees for students of foreign nations— Authorized—Limitations. Waiver of tuition and fees for state employees and educational employees. Refunds or cancellation of fees—Four-year institutions of higher education. Refunds or cancellation of fees—Community colleges and technical colleges. Voluntary fees of students. Exemption from resident operating fees and technology fees for persons holding graduate service appointments. Tuition waivers—Veterans and national guard members— Dependents—Private institutions. Rights of Washington national guard and other military reserve students called to active service. Nonresident tuition fees—Exemption under Western regional higher education compact contracts. Home tuition programs. Waiver of nonresident tuition fees differential—Washington/Oregon reciprocity program. Washington/Oregon reciprocity tuition and fee program— Reimbursement when greater net revenue loss. Washington/Oregon reciprocity tuition and fee program— Implementation agreement. Washington/Oregon reciprocity tuition and fee program— Program review. Limitation on total tuition and fee waivers. Waiver of nonresident tuition fees differential—Washington/Idaho reciprocity program. Washington/Idaho reciprocity tuition and fee program— Reimbursement when greater net revenue loss. Washington/Idaho reciprocity tuition and fee program— Implementation agreement—Program review. Waiver of nonresident tuition fees differential—Washington/British Columbia reciprocity program. Washington/British Columbia reciprocity tuition and fee program—Implementation agreement—Program review. Loan program for mathematics and science teachers—Definitions. Loan program for mathematics and science teachers—Terms and conditions—Collection—Disposition of payments— Rules. Loan program for mathematics and science teachers—Cooperation by board and institutions of higher education. Loan program for mathematics and science teachers—Duration—Legislative budget committee review. Effective communication—Intent. Effective communication—Principles. Effective communication—Implementation of principles. Effective communication—Task force to improve communication and teaching skills of faculty and teaching assistants. Pledged bond retirement funds to be set aside from tuition and fees—1977 ex.s. c 322. Pledged bond retirement funds to be set aside from tuition and fees—1981 c 257. Institutional financial aid fund—"Eligible student" defined. 28B.15.900 28B.15.910 28B.15.915 28B.15.012 "State universities," "regional universities," "state college," "institutions of higher education," and "postsecondary institutions" defined. Limitation on total operating fees revenue waived, exempted, or reduced—Outreach to veterans. Waiver of operating fees—Report. Uniform minor student capacity to borrow act: Chapter 26.30 RCW. 28B.15.005 "Colleges and universities" defined. (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. (3) "Regional universities" for the purposes of this chapter shall mean Central Washington University, Eastern Washington University and Western Washington University. [1977 ex.s. c 169 § 33; 1971 ex.s. c 279 § 1.] 28B.15.005 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—1971 ex.s. c 279: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 279 § 25.] 28B.15.011 Classification as resident or nonresident student—Legislative intent. It is the intent of the legislature that the state institutions of higher education shall apply uniform rules as prescribed in RCW 28B.15.012 through 28B.15.014, and not otherwise, in determining whether students shall be classified as resident students or nonresident students for all tuition and fee purposes. [1971 ex.s. c 273 § 1.] 28B.15.011 Severability—1971 ex.s. c 273: "If any provision of this 1971 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provisions to other persons or circumstances is not affected." [1971 ex.s. c 273 § 6.] 28B.15.012 Classification as resident or nonresident student—Definitions. Whenever used in chapter 28B.15 RCW: (1) The term "institution" shall mean a public university, college, or community college within the state of Washington. (2) The term "resident student" shall mean: (a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational; (b) A dependent student, if one or both of the student’s parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution; 28B.15.012 [Title 28B RCW—page 61] 28B.15.012 Title 28B RCW: Higher Education (c) A student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 19821983 academic year, so long as such student’s enrollment (excepting summer sessions) at an institution in this state is continuous; (d) Any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year; (e) Any person who has completed the full senior year of high school and obtained a high school diploma, both at a Washington public high school or private high school approved under chapter 28A.195 RCW, or a person who has received the equivalent of a diploma; who has lived in Washington for at least three years immediately prior to receiving the diploma or its equivalent; who has continuously lived in the state of Washington after receiving the diploma or its equivalent and until such time as the individual is admitted to an institution of higher education under subsection (1) of this section; and who provides to the institution an affidavit indicating that the individual will file an application to become a permanent resident at the earliest opportunity the individual is eligible to do so and a willingness to engage in any other activities necessary to acquire citizenship, including but not limited to citizenship or civics review courses; (f) A student who is on active military duty stationed in the state or who is a member of the Washington national guard; (g) A student who is the spouse or a dependent of a person who is on active military duty stationed in the state. If the person on active military duty is reassigned out-of-state, the student maintains the status as a resident student so long as the student is continuously enrolled in a degree program; (h) A student who resides in the state of Washington and is the spouse or a dependent of a person who is a member of the Washington national guard; (i) A student of an out-of-state institution of higher education who is attending a Washington state institution of higher education pursuant to a home tuition agreement as described in RCW 28B.15.725; or (j) A student who meets the requirements of RCW 28B.15.0131: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational. (3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.012 and 28B.15.013. Except for students qualifying under subsection (2)(e) or (i) of this section, a nonresident student shall include: [Title 28B RCW—page 62] (a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter. (b) A person who is not a citizen of the United States of America who does not have permanent or temporary resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in the United States under color of law and who does not also meet and comply with all the applicable requirements in RCW 28B.15.012 and 28B.15.013. (4) The term "domicile" shall denote a person’s true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student. (5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student’s parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the board may require. (6) The term "active military duty" means the person is serving on active duty in: (a) The armed forces of the United States government; or (b) The Washington national guard; or (c) The coast guard, merchant mariners, or other nonmilitary organization when such service is recognized by the United States government as equivalent to service in the armed forces. [2004 c 128 § 1; 2003 c 95 § 1; 2002 c 186 § 2. Prior: (2002 c 186 § 1 expired June 30, 2002); 2000 c 160 § 1; 2000 c 117 § 2; (2000 c 117 § 1 expired June 30, 2002); 1999 c 320 § 5; 1997 c 433 § 2; 1994 c 188 § 2; 1993 sp.s. c 18 § 4; prior: 1987 c 137 § 1; 1987 c 96 § 1; 1985 c 370 § 62; 1983 c 285 § 1; 1982 1st ex.s. c 37 § 1; 1972 ex.s. c 149 § 1; 1971 ex.s. c 273 § 2.] Intent—2003 c 95: "It is the intent of the legislature to ensure that students who receive a diploma from a Washington state high school or receive the equivalent of a diploma in Washington state and who have lived in Washington for at least three years prior to receiving their diploma or its equivalent are eligible for in-state tuition rates when they enroll in a public institution of higher education in Washington state." [2003 c 95 § 2.] Effective date—2003 c 95: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2003." [2003 c 95 § 4.] Expiration date—2002 c 186 § 1: "Section 1 of this act expires June 30, 2002." [2002 c 186 § 4.] Effective date—2002 c 186 § 2: "Section 2 of this act takes effect June 30, 2002." [2002 c 186 § 5.] Effective date—2000 c 117 § 2: "Section 2 of this act takes effect June 30, 2002." [2000 c 117 § 5.] Expiration date—2000 c 117 § 1: "Section 1 of this act expires June 30, 2002." [2000 c 117 § 4.] Intent—Severability—1997 c 433: See notes following RCW 28B.15.725. (2008 Ed.) College and University Fees Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1982 1st ex.s. c 37: "Sections 13 and 14 of this amendatory act are necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately. All other sections of this amendatory act shall take effect on June 1, 1982." [1982 1st ex.s. c 37 § 24.] Severability—1982 1st ex.s. c 37: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1982 1st ex.s. c 37 § 23.] Severability—1971 ex.s. c 273: See note following RCW 28B.15.011. 28B.15.013 28B.15.013 Classification as resident or nonresident student—Standards for determining domicile in the state—Presumptions—Cut-off date for classification application change. (1) The establishment of a new domicile in the state of Washington by a person formerly domiciled in another state has occurred if such person is physically present in Washington primarily for purposes other than educational and can show satisfactory proof that such person is without a present intention to return to such other state or to acquire a domicile at some other place outside of Washington. (2) Unless proven to the contrary it shall be presumed that: (a) The domicile of any person shall be determined according to the individual’s situation and circumstances rather than by marital status or sex. (b) A person does not lose a domicile in the state of Washington by reason of residency in any state or country while a member of the civil or military service of this state or of the United States, nor while engaged in the navigation of the waters of this state or of the United States or of the high seas if that person returns to the state of Washington within one year of discharge from said service with the intent to be domiciled in the state of Washington; any resident dependent student who remains in this state when such student’s parents, having theretofore been domiciled in this state for a period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution, remove from this state, shall be entitled to continued classification as a resident student so long as such student’s attendance (except summer sessions) at an institution in this state is continuous. (3) To aid the institution in deciding whether a student, parent, legally appointed guardian or the person having legal custody of a student is domiciled in the state of Washington primarily for purposes other than educational, the rules and regulations adopted by the higher education coordinating board shall include but not be limited to the following: (a) Registration or payment of Washington taxes or fees on a motor vehicle, mobile home, travel trailer, boat, or any other item of personal property owned or used by the person for which state registration or the payment of a state tax or fee is required will be a factor in considering evidence of the establishment of a Washington domicile. (b) Permanent full time employment in Washington by a person will be a factor in considering the establishment of a Washington domicile. (2008 Ed.) 28B.15.0139 (c) Registration to vote for state officials in Washington will be a factor in considering the establishment of a Washington domicile. (4) After a student has registered at an institution such student’s classification shall remain unchanged in the absence of satisfactory evidence to the contrary. A student wishing to apply for a change in classification shall reduce such evidence to writing and file it with the institution. In any case involving an application for a change from nonresident to resident status, the burden of proof shall rest with the applicant. Any change in classification, either nonresident to resident, or the reverse, shall be based upon written evidence maintained in the files of the institution and, if approved, shall take effect the semester or quarter such evidence was filed with the institution: PROVIDED, That applications for a change in classification shall be accepted up to the thirtieth calendar day following the first day of instruction of the quarter or semester for which application is made. [1989 c 175 § 79; 1985 c 370 § 63; 1982 1st ex.s. c 37 § 2; 1979 ex.s. c 15 § 1; 1972 ex.s. c 149 § 2; 1971 ex.s. c 273 § 3.] Effective date—1989 c 175: See note following RCW 34.05.010. Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012. Severability—1971 ex.s. c 273: See note following RCW 28B.15.011. 28B.15.0131 Resident tuition rates—American Indian students. For the purposes of determining resident tuition rates, resident students shall include American Indian students who meet two conditions. First, for a period of one year immediately prior to enrollment at a state institution of higher education as defined in RCW 28B.10.016, the student must have been domiciled in one or a combination of the following states: Idaho; Montana; Oregon; or Washington. Second, the students must be members of one of the federally recognized Indian tribes whose traditional and customary tribal boundaries included portions of the state of Washington, or whose tribe was granted reserved lands within the state of Washington. Federal recognition of an Indian tribe shall be as determined under 25 C.F.R. by the United States bureau of Indian affairs. Any student enrolled at a state institution of higher education as defined in RCW 28B.10.016 who is paying resident tuition under this section, and who has not established domicile in the state of Washington at least one year before enrollment, shall not be included in any calculation of state-funded enrollment for budgeting purposes, and no state general fund moneys shall be appropriated to a state institution of higher education for the support of such student. [2005 c 163 § 1; 1994 c 188 § 1.] 28B.15.0131 28B.15.0139 Resident tuition rates—Border county higher education opportunity project. For the purposes of determining resident tuition rates, "resident student" includes a resident of Oregon, residing in Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, or Washington county, who meets the following conditions: (1) The student is eligible to pay resident tuition rates under Oregon laws and has been domiciled in Columbia, Gilliam, Hood River, Multnomah, Clatsop, Clackamas, Morrow, 28B.15.0139 [Title 28B RCW—page 63] 28B.15.014 Title 28B RCW: Higher Education Sherman, Umatilla, Union, Wallowa, Wasco, or Washington county for at least ninety days immediately before enrollment at a community college located in Asotin, Benton, Clark, Columbia, Cowlitz, Franklin, Garfield, Klickitat, Pacific, Skamania, Wahkiakum, or Walla Walla county, Washington; or (2) The student is enrolled in courses located at the TriCities or Vancouver branch of Washington State University for eight credits or less. [2003 c 159 § 4; 2002 c 130 § 3; 2000 c 160 § 2; 1999 c 320 § 4.] 28B.15.014 Exemption from nonresident tuition fees differential. 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. [2000 c 117 § 3; 1997 c 433 § 3; 1993 sp.s. c 18 § 5; 1992 c 231 § 3. Prior: 1989 c 306 § 3; 1989 c 290 § 3; 1985 c 362 § 1; 1984 c 232 § 1; 1982 1st ex.s. c 37 § 3; 1971 ex.s. c 273 § 4.] 28B.15.014 Intent—Severability—1997 c 433: See notes following RCW 28B.15.725. Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. Intent—1989 c 290: See note following RCW 28B.15.725. Severability—1984 c 232: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 232 § 2.] Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012. Severability—1971 ex.s. c 273: See note following RCW 28B.15.011. 28B.15.015 Classification as resident or nonresident student—Board to adopt rules relating to students’ residency status, recovery of fees. The higher education coordinating board, upon consideration of advice from representatives of the state’s institutions with the advice of the attorney general, shall adopt rules and regulations to be used by the state’s institutions for determining a student’s resident and nonresident status and for recovery of fees for improper 28B.15.015 [Title 28B RCW—page 64] classification of residency. [1985 c 370 § 64; 1982 1st ex.s. c 37 § 4.] Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012. 28B.15.020 "Tuition fees" defined—Use. The term "tuition fees" as used in this chapter shall mean the fees charged students registering at the state’s colleges and universities which consist of: (1) The "building fees" as defined in RCW 28B.15.025; and (2) The "operating fees" as defined in RCW 28B.15.031. [1985 c 390 § 11; 1977 ex.s. c 169 § 34; 1969 ex.s. c 223 § 28B.15.020. Prior: (i) 1967 ex.s. c 8 § 31, part. Formerly RCW 28.85.310, part. (ii) 1963 c 181 § 1, part; 1961 ex.s. c 10 § 1, part; 1959 c 186 § 1, part; 1947 c 243 § 1, part; 1945 c 187 § 1, part; 1933 c 169 § 1, part; 1931 c 48 § 1, part; 1921 c 139 § 1, part; 1919 c 63 § 1, part; 1915 c 66 § 2, part; RRS § 4546, part. Formerly RCW 28.77.030, part. (iii) 1963 c 180 § 1, part; 1961 ex.s. c 11 § 1, part; 1949 c 73 § 1, part; 1931 c 49 § 1, part; 1921 c 164 § 1, part; Rem. Supp. 1949 § 4569, part. Formerly RCW 28.80.030, part. (iv) 1967 c 47 § 10, part; 1965 ex.s. c 147 § 1, part; 1963 c 143 § 1, part; 1961 ex.s. c 13 § 3, part. Formerly RCW 28.81.080, part.] 28B.15.020 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.15.022 "Nonresident tuition fees differential" defined. Unless the context clearly requires otherwise, as used in this chapter "nonresident tuition fees differential" means the difference between resident tuition fees and nonresident tuition fees. [1992 c 231 § 32.] 28B.15.022 Effective date—1992 c 231: See note following RCW 28B.10.016. 28B.15.025 "Building fees" defined—Use. 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 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. [1985 c 390 § 12.] 28B.15.025 28B.15.031 "Operating fees"—Defined—Disposition. The term "operating fees" as used in this chapter shall include the fees, other than building fees, charged all students registering at the state’s colleges and universities but shall not include fees for short courses, self-supporting degree credit programs and courses, marine station work, experimental station work, correspondence or extension courses, and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities shall have the right to impose, laboratory, gymnasium, health, technology and student activity fees, or fees, charges, 28B.15.031 (2008 Ed.) College and University Fees rentals, and other income derived from any or all revenue producing lands, buildings and facilities of the colleges or universities 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, or such other special fees as may be established by any college or university board of trustees or regents from time to time. All moneys received as operating fees at any institution of higher education shall be deposited in a local account containing only operating fees revenue and related interest: PROVIDED, That a minimum of three and one-half percent of operating fees shall be retained by the institutions for the purposes of RCW 28B.15.820. Local operating fee accounts shall not be subject to appropriation by the legislature or allotment procedures under chapter 43.88 RCW. [2003 c 232 § 2; 1996 c 142 § 2; 1995 1st sp.s. c 9 § 2. Prior: 1993 sp.s. c 18 § 6; 1993 c 379 § 201; 1987 c 15 § 2; prior: 1985 c 390 § 13; 1985 c 356 § 2; 1982 1st ex.s. c 37 § 12; 1981 c 257 § 1; 1979 c 151 § 14; 1977 ex.s. c 331 § 3; 1971 ex.s. c 279 § 2.] Finding—Intent—2003 c 232: "The legislature finds that, as a partner in financing public higher education with students and parents who pay tuition and fees, periodic increases in state funding, state financial aid, and tuition must be authorized to provide high quality higher education for the citizens of Washington. It is the intent of the legislature to address higher education through a cooperative bipartisan effort that includes the legislative and executive branches of government, parents, students, educators, as well as business, labor, and community leaders. The legislature recognizes the importance of keeping the public commitment to public higher education and will continue searching for policies that halt the trend for the growth in tuition revenue to outpace the revenue provided by the state. The legislature believes that a well-educated citizenry is essential to both the private and the public good. The economic and civic health of the state require both an educated citizenry and a well-trained workforce. The six-year time limitation authorizing the governing boards to establish tuition rates for all students other than undergraduate resident students will give the legislature, the governor, and the higher education institutions an opportunity to determine whether this policy achieves the goal of maintaining quality and access for all who are eligible for and can benefit from a higher education. Using data from six years of this tuition policy, the state will be able to identify options for long-term funding of higher education including not only tuition but general fund and financial aid sources." [2003 c 232 § 1.] Severability—1996 c 142: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1996 c 142 § 4.] 28B.15.044 *Reviser’s note: RCW 28B.15.824 was repealed by 1993 c 379 § 206 and by 1993 sp.s. c 18 § 14, effective July 1, 1993. Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029. Effective date—1987 c 15: See note following RCW 28B.15.411. Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012. Severability—1981 c 257: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 257 § 13.] Effective date—1977 ex.s. c 331: "The effective date of this 1977 amendatory act shall be September 1, 1977." [1977 ex.s. c 331 § 5.] Severability—1977 ex.s. c 331: "If any provision of this 1977 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 331 § 4.] Severability—1971 ex.s. c 279: See note following RCW 28B.15.005. 28B.15.041 "Services and activities fees" defined. 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. [1985 c 390 § 14; 1977 ex.s. c 169 § 35. Prior: 1973 1st ex.s. c 130 § 2; 1973 1st ex.s. c 46 § 1; 1971 ex.s. c 279 § 3.] 28B.15.041 Effective date—1996 c 142: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 25, 1996]." [1996 c 142 § 5.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Intent—Purpose—1995 1st sp.s. c 9: "It is the intent of the legislature to address higher education funding through a cooperative bipartisan effort that includes the legislative and executive branches of government, parents, students, educators, and concerned citizens. This effort will begin in 1995, with the results providing the basis for discussion during the 1996 legislative session for future decisions and final legislative action in 1997. The purpose of this act is to provide tuition increases for public institutions of higher education as a transition measure until final action is taken in 1997." [1995 1st sp.s. c 9 § 1.] Severability—1971 ex.s. c 279: See note following RCW 28B.15.005. Effective date—1995 1st sp.s. c 9: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [June 14, 1995]." [1995 1st sp.s. c 9 § 14.] Appropriation—1993 sp.s. c 18: "All moneys in the accounts established under *RCW 28B.15.824 on July 1, 1993, are hereby appropriated to the respective institutions of higher education for deposit in the institution’s local account established under RCW 28B.15.031." [1993 sp.s. c 18 § 15.] (2008 Ed.) Severability—1973 1st ex.s. c 46: See note following RCW 28B.10.704. 28B.15.043 "Services and activities fees"—Allocations from for institutional loan fund for needy students. See RCW 28B.10.825. 28B.15.043 28B.15.044 Services and activities fees—Legislative declaration on expenditure. It is the intent of the legislature that students will propose budgetary recommendations for consideration by the college or university administration and governing board to the extent that such budget recommendations are intended to be funded by services and activities fees. It is also the intent of the legislature that services and activities fee expenditures for programs devoted to political or eco28B.15.044 [Title 28B RCW—page 65] 28B.15.045 Title 28B RCW: Higher Education nomic philosophies shall result in the presentation of a spectrum of ideas. [1986 c 91 § 1; 1980 c 80 § 1.] Severability—1980 c 80: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 80 § 4.] 28B.15.045 Services and activities fees—Guidelines governing establishment and funding of programs supported by—Scope—Mandatory provisions—Dispute resolution. The legislature recognizes that institutional governing boards have a responsibility to manage and protect institutions of higher education. This responsibility includes ensuring certain lawful agreements for which revenues from services and activities fees have been pledged. Such lawful agreements include, but are not limited to, bond covenant agreements and other contractual obligations. Institutional governing boards are also expected to protect the stability of programs that benefit students. The legislature also recognizes that services and activities fees are paid by students for the express purpose of funding student services and programs. It is the intent of the legislature that governing boards ensure that students have a strong voice in recommending budgets for services and activities fees. The boards of trustees and the boards of regents of the respective institutions of higher education shall adopt guidelines governing the establishment and funding of programs supported by services and activities fees. Such guidelines shall stipulate procedures for budgeting and expending services and activities fee revenue. Any such guidelines shall be consistent with the following provisions: (1) Student representatives from the services and activities fee committee and representatives of the college or university administration shall have an opportunity to address the board before board decisions on services and activities fee budgets and dispute resolution actions are made. (2) Members of the governing boards shall adhere to the principle that services and activities fee committee desires be given priority consideration on funding items that do not fall into the categories of preexisting contractual obligations, bond covenant agreements, or stability for programs affecting students. (3) Responsibility for proposing to the administration and the governing board program priorities and budget levels for that portion of program budgets that derive from services and activities fees shall reside with a services and activities fee committee, on which students shall hold at least a majority of the voting memberships, such student members shall represent diverse student interests, and shall be recommended by the student government association or its equivalent. The chairperson of the services and activities fee committee shall be selected by the members of that committee. The governing board shall insure that the services and activities fee committee provides an opportunity for all viewpoints to be heard at a public meeting during its consideration of the funding of student programs and activities. (4) The services and activities fee committee shall evaluate existing and proposed programs and submit budget recommendations for the expenditure of those services and activities fees with supporting documents simultaneously to the college or university governing board and administration. 28B.15.045 [Title 28B RCW—page 66] (5) The college or university administration shall review the services and activities fee committee budget recommendations and publish a written response to the services and activities fee committee. This response shall outline potential areas of difference between the committee recommendations and the administration’s proposed budget recommendations. This response, with supporting documentation, shall be submitted to the services and activities fee committee in a timely manner to allow adequate consideration. (6)(a) In the event of a dispute or disputes involving the services and activities fee committee recommendations, the college or university administration shall meet with the services and activities fee committee in a good faith effort to resolve such dispute or disputes prior to submittal of final recommendations to the governing board. (b) If said dispute is not resolved within fourteen days, a dispute resolution committee shall be convened by the chair of the services and activities fee committee within fourteen days. (7) The dispute resolution committee shall be selected as follows: The college or university administration shall appoint two nonvoting advisory members; the governing board shall appoint three voting members; and the services and activities fee committee chair shall appoint three student members of the services and activities fee committee who will have a vote, and one student representing the services and activities fee committee who will chair the dispute resolution committee and be nonvoting. The committee shall meet in good faith, and settle by vote any and all disputes. In the event of a tie vote, the chair of the dispute resolution committee shall vote to settle the dispute. (8) The governing board may take action on those portions of the services and activities fee budget not in dispute in accordance with the customary budget approval timeline established by the board. The governing board shall consider the results, if any, of the dispute resolution committee and shall take action. (9) Services and activities fees and revenues generated by programs and activities funded by such fees shall be deposited and expended through the office of the chief fiscal officer of the institution. (10) Services and activities fees and revenues generated by programs and activities funded by such fees shall be subject to the applicable policies, regulations, and procedures of the institution and the budget and accounting act, chapter 43.88 RCW. (11) All information pertaining to services and activities fees budgets shall be made available to interested parties. (12) With the exception of any funds needed for bond covenant obligations, once the budget for expending service and activities fees is approved by the governing board, funds shall not be shifted from funds budgeted for associated students or departmentally related categories or the reserve fund until the administration provides written justification to the services and activities fee committee and the governing board, and the governing board and the services and activities fee committee give their express approval. In the event of a fund transfer dispute among the services and activities fee committee, the administration, or the governing board, said dispute shall be resolved pursuant to subsections (6)(b), (7), and (8) of this section. (2008 Ed.) College and University Fees (13) Any service and activities fees collected which exceed initially budgeted amounts are subject to subsections (1) through (10) and (12) of this section. [1994 c 41 § 1; 1990 c 7 § 1; 1986 c 91 § 2; 1980 c 80 § 2.] Severability—1980 c 80: See note following RCW 28B.15.044. 28B.15.051 "Technology fees"—Defined—Use— Student government approval. (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. [1996 c 142 § 1.] 28B.15.051 Severability—Effective date—1996 c 142: See notes following RCW 28B.15.031. 28B.15.065 Adjustment of state appropriations for needy student financial aid. It is the intent of the legislature that needy students not be deprived of access to higher education due to increases in educational costs or consequent increases in tuition and fees. It is the sense of the legislature that state appropriations for student financial aid be adjusted in an amount which together with funds estimated to be avail28B.15.065 (2008 Ed.) 28B.15.067 able in the form of basic educational opportunity grants as authorized under Section 411 of the federal Higher Education Act of 1965 as now or hereafter amended will equal twentyfour percent of any change in revenue estimated to occur as a result of revisions in tuition and fee levels under the provisions of chapter 322, Laws of 1977 ex. sess. [1977 ex.s. c 322 § 6.] Severability—1977 ex.s. c 322: "If any provision of this 1977 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 322 § 17.] 28B.15.066 General fund appropriations to institutions of higher education. It is the intent of the legislature that: In making appropriations from the state’s general fund to institutions of higher education, each appropriation shall conform to the following: (1) The appropriation shall not be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act; (2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level specified in the omnibus biennial operating appropriations act; and (3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910. State general fund appropriations shall not be provided for revenue foregone as a result of or for waivers granted under RCW 28B.15.915. [2003 c 232 § 3; 2000 c 152 § 2; 1999 c 309 § 932; 1995 1st sp.s. c 9 § 3; 1993 c 379 § 205.] 28B.15.066 Finding—Intent—2003 c 232: See note following RCW 28B.15.031. Severability—Effective date—1999 c 309: See notes following RCW 41.06.152. Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031. Intent—Severability—Effective date—1993 c 379: See notes following RCW 28B.10.029. 28B.15.067 Tuition fees—Established. (1) Tuition fees shall be established under the provisions of this chapter. (2) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, reductions or increases in full-time tuition fees for resident undergraduates shall be as provided in the omnibus appropriations act. (3) Beginning with the 2003-04 academic year and ending with the 2008-09 academic year, the governing boards of the state universities, the regional universities, 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 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. (4) Academic year tuition for full-time students at the state’s institutions of higher education beginning with 200928B.15.067 [Title 28B RCW—page 67] 28B.15.068 Title 28B RCW: Higher Education 10, other than summer term, shall be as charged during the 2008-09 academic year unless different rates are adopted by the legislature. (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 community or technical college under RCW 28C.04.610. (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) For the academic years 2003-04 through 2008-09, the University of Washington shall use an amount equivalent to ten percent of all revenues received as a result of law school tuition increases beginning in academic year 2000-01 through academic year 2008-09 to assist needy low and middle income resident law students. (9) For the academic years 2003-04 through 2008-09, institutions of higher education shall use an amount equivalent to ten percent of all revenues received as a result of graduate academic school tuition increases beginning in academic year 2003-04 through academic year 2008-09 to assist needy low and middle-income resident graduate academic students. [2007 c 355 § 7; 2006 c 161 § 6; 2003 c 232 § 4; 1997 c 403 § 1; 1996 c 212 § 1; 1995 1st sp.s. c 9 § 4; 1992 c 231 § 4; 1990 1st ex.s. c 9 § 413; 1986 c 42 § 1; 1985 c 390 § 15; 1982 1st ex.s. c 37 § 15; 1981 c 257 § 2.] Finding—Intent—2007 c 355: See note following RCW 28B.50.534. Effective date—2006 c 161: See note following RCW 49.04.160. Finding—Intent—2003 c 232: See note following RCW 28B.15.031. Severability—1996 c 212: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1996 c 212 § 2.] Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031. Effective date—1992 c 231: See note following RCW 28B.10.016. Finding—Severability—1990 1st ex.s. c 9: See notes following RCW 28A.225.220. Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012. Severability—1981 c 257: See note following RCW 28B.15.031. 28B.15.068 Tuition fees increase limitations—State funding goals—Reports—"Global challenge states." (1) Beginning with the 2007-08 academic year and ending with the 2016-17 academic year, tuition fees charged to full-time resident undergraduate students may increase no greater than seven percent over the previous academic year in any institution of higher education. Annual reductions or increases in full-time tuition fees for resident undergraduate students shall be as provided in the omnibus appropriations act, within the seven percent increase limit established in this section. To the extent that state appropriations combined with tuition and fee revenues are insufficient to achieve the total per-student funding goals established in subsection (2) of this section, the legislature may revisit state appropriations, authorized enroll28B.15.068 [Title 28B RCW—page 68] ment levels, and changes in tuition fees for any given fiscal year. (2) The state shall adopt as its goal total per-student funding levels, from state appropriations plus tuition and fees, of at least the sixtieth percentile of total per-student funding at similar public institutions of higher education in the global challenge states. In defining comparable per-student funding levels, the office of financial management shall adjust for regional cost-of-living differences; for differences in program offerings and in the relative mix of lower division, upper division, and graduate students; and for accounting and reporting differences among the comparison institutions. The office of financial management shall develop a funding trajectory for each four-year institution of higher education and for the community and technical college system as a whole that when combined with tuition and fees revenue allows the state to achieve its funding goal for each four-year institution and the community and technical college system as a whole no later than fiscal year 2017. The state shall not reduce enrollment levels below fiscal year 2007 budgeted levels in order to improve or alter the per-student funding amount at any four-year institution of higher education or the community and technical college system as a whole. The state recognizes that each four-year institution of higher education and the community and technical college system as a whole have different funding requirements to achieve desired performance levels, and that increases to the total per-student funding amount may need to exceed the minimum funding goal. (3) By September 1st of each year beginning [in] 2008, the office of financial management shall report to the governor, the higher education coordinating board, and appropriate committees of the legislature with updated estimates of the total per-student funding level that represents the sixtieth percentile of funding for comparable institutions of higher education in the global challenge states, and the progress toward that goal that was made for each of the public institutions of higher education. (4) As used in this section, "global challenge states" are the top performing states on the new economy index published by the progressive policy institute as of July 22, 2007. The new economy index ranks states on indicators of their potential to compete in the new economy. At least once every five years, the office of financial management shall determine if changes to the list of global challenge states are appropriate. The office of financial management shall report its findings to the governor and the legislature. [2007 c 151 § 1.] Captions not law—2007 c 151: "Captions used in this act are not any part of the law." [2007 c 151 § 3.] 28B.15.0681 28B.15.0681 Tuition billing statements—Disclosures to students. In addition to the requirement in RCW 28B.76.300(4), institutions of higher education shall disclose to their undergraduate resident students on the tuition billing statement, in dollar figures for a full-time equivalent student: (1) The full cost of instruction, (2) the amount collected from student tuition and fees, and (3) the difference between the amounts for the full cost of instruction and the student tuition and fees, noting that the difference between the cost and (2008 Ed.) College and University Fees tuition was paid by state tax funds and other moneys. [2007 c 151 § 2.] Captions not law—2007 c 151: See note following RCW 28B.15.068. 28B.15.069 Building fees—Services and activities fees—Other fees. (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. [2005 c 258 § 10; 2003 c 232 § 5; 1997 c 403 § 2; 1995 1st sp.s. c 9 § 5.] 28B.15.069 Findings—Intent—2005 c 258: See note following RCW 28B.45.014. Finding—Intent—2003 c 232: See note following RCW 28B.15.031. Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031. 28B.15.100 Tuition and fees set by individual institutions—Limitations—Tuition and fees for certain parttime, additional time, and out-of-state students. (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. 28B.15.100 (2008 Ed.) 28B.15.100 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 higher education coordinating board 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. [2003 c 232 § 6; 1999 c 321 § 2; 1998 c 75 § 1; 1995 1st sp.s. c 9 § 8; 1993 sp.s. c 18 § 7; 1992 c 231 § 6. Prior: 1985 c 390 § 18; 1985 c 370 § 67; 1982 1st ex.s. c 37 § 11; 1981 c 257 § 5; 1977 ex.s. c 322 § 2; 1977 ex.s. c 169 § 36; 1971 ex.s. c 279 § 5; 1969 ex.s. c 223 § 28B.15.100; prior: (i) 1967 ex.s. c 8 § 31, part. Formerly RCW 28.85.310, part. (ii) 1963 c 181 § 1, part; 1961 ex.s. c 10 § 1, part; 1959 c 186 § 1, part; 1947 c 243 § 1, part; 1945 c 187 § 1, part; 1933 c 169 § 1, part; 1931 c 48 § 1, part; 1921 c 139 § 1, part; 1919 c 63 § 1, part; 1915 c 66 § 2, part; RRS § 4546, part. Formerly RCW 28.77.030, part. (iii) 1963 c 180 § 1, part; 1961 ex.s. c 11 § 1, part; 1949 c 73 § 1, part; 1931 c 49 § 1, part; 1921 c 164 § 1, part; Rem. Supp. 1949 § 4569, part. Formerly RCW 28.80.030, part. (iv) 1967 c 47 § 10, part; 1965 ex.s. c 147 § 1, part; 1963 c 143 § 1, part; 1961 ex.s. c 13 § 3, part. Formerly RCW 28.81.080, part.] Finding—Intent—2003 c 232: See note following RCW 28B.15.031. Intent—1999 c 321: "The legislature recognizes that certain tuition policies may have an adverse impact on the unique role of community colleges. Therefore, it is the intent of the legislature to eliminate impediments to the ability of community colleges to meet the diverse needs of students and business interests." [1999 c 321 § 1.] Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031. Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012. Severability—1981 c 257: See note following RCW 28B.15.031. Severability—1977 ex.s. c 322: See note following RCW 28B.15.065. [Title 28B RCW—page 69] 28B.15.110 Title 28B RCW: Higher Education Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—1971 ex.s. c 279: See note following RCW 28B.15.005. § 2; 1915 c 66 § 3; Rem. Supp. 1947 § 4547. Formerly RCW 28.77.040.] 28B.15.220 Fees—University of Washington—Disposition of special fees. All fees except building fees shall be held by the board of regents as a revolving fund and expended for the purposes for which collected and be accounted for in accordance with law: PROVIDED, That the board of regents shall have authority to place in a separate fund or funds any or all fees or rentals exacted for the use of facilities of any dormitory, hospital, or infirmary building, and the board of regents shall have authority to pledge any or all such fees for the retirement of any bonds that may be issued for the construction of such dormitory, hospital, or infirmary building. [1985 c 390 § 21; 1969 ex.s. c 223 § 28B.15.220. Prior: 1961 c 229 § 6; prior: (i) 1933 ex.s. c 24 § 1; 1921 c 139 § 3; 1919 c 63 § 3; 1915 c 66 § 4; RRS § 4548. (ii) 1947 c 64 § 2, part; 1933 ex.s. c 23 § 2, part; 1925 ex.s. c 91 § 2, part; Rem. Supp. 1947 § 4543-2, part. Formerly RCW 28.77.050.] 28B.15.220 28B.15.110 Tuition and fees when joint program of four year institutions—Supplemental fees, when. Where students at any of the four year state colleges or universities participate in a joint program undertaken by two or more of such institutions, and which leads to a degree, the tuition and fees assessed each student participating in such joint program shall be equal. The governing board at each state four year institution shall, where the tuition and fees which it charges resident students participating in a joint program falling within the scope of this section would be less than those charged to any such students from any other state four year institution who participates in such joint program, impose a supplemental fee upon its resident students so participating in order to make the tuition and fees charged to them equal to the highest amount charged to any other resident student from a state four year institution who participates in the program. Such governing board shall, where the tuition and fees which it charges nonresident students participating in a joint program falling within the scope of this section would be less than those charged to any such students participating from any other state four year institution who participates in such joint program, impose a supplemental fee upon its nonresident students so participating in order to make the tuition and fees charged to them equal to the highest amount charged to any other nonresident student from a state four year institution who participates in the program. [1977 ex.s. c 126 § 1.] 28B.15.110 "State universities," "regional universities," "state college," "institutions of higher education," and "postsecondary institutions" defined: RCW 28B.10.016. 28B.15.210 Fees—University of Washington—Disposition of building fees. Within thirty-five days from the date of collection thereof, all building fees at the University of Washington, including building fees to be charged students registering in the schools of medicine and dentistry, shall be paid into the state treasury and credited as follows: One-half or such larger portion as may be necessary to prevent a default in the payments required to be made out of the bond retirement fund, and in no event shall such one-half be less than twelve dollars and fifty cents per each resident student per quarter, and thirty-seven dollars and fifty cents per each nonresident student per quarter to the "University of Washington bond retirement fund" and the remainder thereof to the "University of Washington building account." The sum so credited to the University of Washington building account shall be used exclusively for the purpose of erecting, altering, maintaining, equipping, or furnishing buildings except for any sums transferred as authorized in RCW 28B.20.725(3). The sum so credited to the University of Washington bond retirement fund shall be used for the payment of principal of and interest on bonds outstanding as provided by chapter 28B.20 RCW except for any sums transferred as authorized in RCW 28B.20.725(5). [1985 c 390 § 20; 1969 ex.s. c 223 § 28B.15.210. Prior: 1963 c 224 § 1; 1959 c 193 § 7; 1957 c 254 § 6; 1947 c 243 § 2; 1945 c 187 § 2; 1939 c 156 § 1; 1933 c 169 § 2; 1921 c 139 § 2; 1919 c 63 28B.15.210 [Title 28B RCW—page 70] 28B.15.225 Exemption from fees of schools of medicine or dentistry at University of Washington—Exemption from nonresident tuition fees differential for participants in the Washington, Alaska, Montana, Idaho, or Wyoming program at Washington State University. Subject to the limitations of RCW 28B.15.910, the governing board of the University of Washington may exempt the following students from the payment of all or a portion of the nonresident tuition fees differential: Students admitted to the university’s school of medicine pursuant to contracts with the states of Alaska, Montana, Idaho, or Wyoming, or agencies thereof, providing for a program of regionalized medical education conducted by the school of medicine; or students admitted to the university’s school of dentistry pursuant to contracts with the states of Utah, Idaho, or any other western state which does not have a school of dentistry, or agencies thereof, providing for a program of regionalized dental education conducted by the school of dentistry. The proportional cost of the program, in excess of resident student tuition and fees, will be reimbursed to the university by or on behalf of participating states or agencies. Subject to the limitations of RCW 28B.15.910, the governing board of Washington State University may exempt from payment all or a portion of the nonresident tuition fees differential for any student admitted to the University of Washington’s school of medicine and attending Washington State University as a participant in the Washington, Alaska, Montana, Idaho, or Wyoming program in this section. Washington State University may reduce the professional student tuition for students enrolled in this program by the amount the student pays the University of Washington as a registration fee. [1997 c 50 § 1; 1993 sp.s. c 18 § 9; 1992 c 231 § 8; 1981 c 20 § 1; 1975 1st ex.s. c 105 § 1.] 28B.15.225 Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. 28B.15.310 Fees—Washington State University— Disposition of building fees. Within thirty-five days from the date of collection thereof, all building fees shall be paid into the state treasury and credited to the Washington State 28B.15.310 (2008 Ed.) College and University Fees University bond retirement fund, one-half or such larger portion as may be necessary to prevent a default in the payments required to be made out of such bond retirement fund; the remainder thereof to the Washington State University building account. The sum so credited to the Washington State University building account shall be expended by the board of regents for buildings, equipment, or maintenance on the campus of Washington State University as may be deemed most advisable and for the best interests of the university, except for any sums transferred as authorized by law. Expenditures so made shall be accounted for in accordance with existing law and shall not be expended until appropriated by the legislature. The sum so credited to the Washington State University bond retirement fund shall be used to pay and secure the payment of the principal of and interest on building bonds issued by the university, except for any sums which may be transferred out of such fund as authorized by law. [1985 c 390 § 22; 1969 ex.s. c 223 § 28B.15.310. Prior: 1961 ex.s. c 11 § 2; 1935 c 185 § 1; 1921 c 164 § 2; RRS § 4570. Formerly RCW 28.80.040.] Chapter not to repeal, override, or limit other statutes or actions: RCW 28B.31.100. 28B.15.380 Exemption from payment of fees at state universities, regional universities, and The Evergreen State College—Children of certain law enforcement officers or firefighters. 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 exempt the following students from the payment of all or a portion of tuition fees and services and activities fees: Children of any law enforcement officer or firefighter 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. [2005 c 249 § 2; 1993 sp.s. c 18 § 10; 1992 c 231 § 9; 1990 c 154 § 1; 1985 c 390 § 23; 1979 c 82 § 1; 1977 ex.s. c 322 § 10; 1977 ex.s. c 169 § 37; 1973 1st ex.s. c 191 § 1; 1971 ex.s. c 279 § 8; 1969 ex.s. c 269 § 8; 1969 ex.s. c 223 § 28B.15.380. Prior: (i) 1947 c 46 § 1; 1921 c 139 § 5; Rem. Supp. 1947 § 4550. Formerly RCW 28.77.070. (ii) 1921 c 164 § 4, part; RRS § 4572, part. Formerly RCW 28.80.060, part.] 28B.15.380 Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. Severability—1979 c 82: "If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1979 c 82 § 3.] Severability—1977 ex.s. c 322: See note following RCW 28B.15.065. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Effective date—1973 1st ex.s. c 191: "This 1973 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1973." [1973 1st ex.s. c 191 § 4.] Severability—1971 ex.s. c 279: See note following RCW 28B.15.005. "Totally disabled" defined for certain purposes: RCW 28B.15.385. (2008 Ed.) 28B.15.455 28B.15.385 28B.15.385 "Totally disabled" defined for certain purposes. For the purposes of RCW 28B.15.380 and 28B.15.520, the phrase "totally disabled" means a person who has become totally and permanently disabled for life by bodily injury or disease, and is thereby prevented from performing any occupation or gainful pursuit. [2008 c 188 § 2; 2007 c 450 § 3; 1973 1st ex.s. c 191 § 5.] Effective date—1973 1st ex.s. c 191: See note following RCW 28B.15.380. 28B.15.411 28B.15.411 Fees—Installment payments. Each institution of higher education, at its discretion, may offer students an optional plan to pay in advance the building fees, operating fees, and services and activities fees for any quarter or semester in periodic installments, as established by that institution of higher education. [1987 c 15 § 1; 1985 c 356 § 1.] Effective date—1987 c 15: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1987." [1987 c 15 § 3.] Report to legislature—1985 c 356: "Any institution of higher education offering a payment plan under RCW 28B.15.411, shall report to the legislature by January 1, 1988, about the effectiveness of the plan and costs of administering the plan." [1985 c 356 § 3.] 28B.15.450 28B.15.450 Gender equity—Intent. The legislature finds that the ratio of women to men in intercollegiate athletics in Washington’s higher education system is inequitable. It is the intent of the legislature, through additional tuition and fee waivers, to achieve gender equity in intercollegiate athletics. [1989 c 340 § 1.] 28B.15.455 28B.15.455 Gender equity—Goals. Institutions of higher education shall strive to accomplish the following goals by June 30, 2002: (1) Provide the following benefits and services equitably to male and female athletes participating in intercollegiate athletic programs: Equipment and supplies; medical services; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; scholarships and other forms of financial aid; conditioning programs; laundry services; assignment of game officials; opportunities for competition, publicity, and awards; and scheduling of games and practice times, including use of courts, gyms, and pools. Each institution which provides showers, toilets, lockers, or training room facilities for athletic purposes shall provide access to comparable facilities for both males and females. (2) Provide equitable intercollegiate athletic opportunities for male and female students including opportunities to participate and to receive the benefits of the services listed in subsection (1) of this section. (3) Provide participants with female and male coaches and administrators to act as role models. [1997 c 5 § 1; 1989 c 340 § 3.] Effective date—1997 c 5: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1997." [1997 c 5 § 7.] [Title 28B RCW—page 71] 28B.15.460 Title 28B RCW: Higher Education 28B.15.460 Gender equity—Tuition and fee waivers—Institutional plan for underrepresented gender class. (1) An institution of higher education shall not grant any waivers for the purpose of achieving gender equity until the 1991-92 academic year, and may grant waivers for the purpose of achieving gender equity in intercollegiate athletic programs as authorized in RCW 28B.15.740, for the 1991-92 academic year only if the institution’s governing board has adopted a plan for complying with the provisions of RCW 28B.15.455 and submitted the plan to the higher education coordinating board. (2)(a) Beginning in the 1992-93 academic year, an institution of higher education shall not grant any waiver for the purpose of achieving gender equity in intercollegiate athletic programs as authorized in RCW 28B.15.740 unless the institution’s plan has been approved by the higher education coordinating board. (b) Beginning in the 1999-2000 academic year, an institution that did not provide, by June 30, 1998, athletic opportunities for an historically underrepresented gender class at a rate that meets or exceeds the current rate at which that class participates in high school athletics in Washington state shall have a new institutional plan approved by the higher education coordinating board before granting further waivers. (c) Beginning in the 2003-04 academic year, an institution of higher education that was not within five percent of the ratio of undergraduates described in RCW 28B.15.470 by June 30, 2002, shall have a new plan for achieving gender equity in intercollegiate athletic programs approved by the higher education coordinating board before granting further waivers. (3) The plan shall include, but not be limited to: (a) For any institution with an historically underrepresented gender class described in subsection (2)(b) of this section, provisions that ensure that by July 1, 2000, the institution shall provide athletic opportunities for the underrepresented gender class at a rate that meets or exceeds the current rate at which that class participates in high school interscholastic athletics in Washington state not to exceed the point at which the underrepresented gender class is no longer underrepresented; (b) For any institution with an underrepresented gender class described in subsection (2)(c) of this section, provisions that ensure that by July 1, 2004, the institution will have reached substantial proportionality in its athletic program; (c) Activities to be undertaken by the institution to increase participation rates of any underrepresented gender class in interscholastic and intercollegiate athletics. These activities may include, but are not limited to: Sponsoring equity conferences, coaches clinics and sports clinics; and taking a leadership role in working with athletic conferences to reduce barriers to participation by those gender classes in interscholastic and intercollegiate athletics; (d) An identification of barriers to achieving and maintaining equitable intercollegiate athletic opportunities for men and women; and (e) Measures to achieve institutional compliance with the provisions of RCW 28B.15.455. [1997 c 5 § 2; 1989 c 340 § 4.] 28B.15.460 Effective date—1997 c 5: See note following RCW 28B.15.455. [Title 28B RCW—page 72] 28B.15.465 Gender equity—Reports. (1) The higher education coordinating board shall report every four years, beginning December 1998, to the governor and the house of representatives and senate committees on higher education, on institutional efforts to comply with the requirements of RCW 28B.15.740, 28B.15.455, and 28B.15.460. Each report shall include recommendations on measures to assist institutions with compliance. (2) Before the board makes its report in December 2006, the board shall assess the extent of institutional compliance with the requirements of RCW 28B.15.740, 28B.15.455, and 28B.15.460. (3) The report in this section may be combined with the report required in RCW 28B.110.040(3). [1997 c 5 § 3; 1989 c 340 § 5.] 28B.15.465 Effective date—1997 c 5: See note following RCW 28B.15.455. 28B.15.470 Gender equity—"Underrepresented gender class," "equitable" defined. (1) As used in and for the limited purposes of RCW 28B.15.450 through 28B.15.465 and 28B.15.740, "underrepresented gender class" means female students or male students, where the ratio of participation of female or male students who are seventeen to twentyfour year old undergraduates enrolled full-time on the main campus, respectively, in intercollegiate athletics has historically been less than approximately the ratio of female to male students or male to female students, respectively, enrolled as undergraduates at an institution. (2) As used in and for the limited purpose of RCW 28B.15.460(3)(a), an "underrepresented gender class" in interscholastic athletics means female students or male students, where the ratio of participation of female or male students, respectively, in K-12 interscholastic athletics has historically been less than approximately the ratio of female to male students or male to female students, respectively, enrolled in K-12 public schools in Washington. (3) As used in and for the limited purposes of RCW 28B.15.460, "equitable" means that the ratio of female and male students participating in intercollegiate athletics is substantially proportionate to the percentages of female and male students who are seventeen to twenty-four year old undergraduates enrolled full time on the main campus. [1997 c 5 § 4; 1989 c 340 § 6.] 28B.15.470 Effective date—1997 c 5: See note following RCW 28B.15.455. 28B.15.475 Gender equity—Construction—1989 c 340. Nothing in this act shall be construed to excuse any institution from any more stringent requirement to achieve gender equity imposed by law, nor to permit any institution to decrease participation of any underrepresented gender class. [1989 c 340 § 7.] 28B.15.475 28B.15.515 Community colleges—State-funded enrollment levels—Summer school—Enrollment level variances. (1) The boards of trustees of the community college districts may operate summer schools on either a selfsupporting or a state-funded basis. If summer school is operated on a self-supporting basis, the fees charged shall be retained by the colleges, and shall be sufficient to cover the direct costs, which are instructional 28B.15.515 (2008 Ed.) College and University Fees salaries and related benefits, supplies, publications, and records. Community colleges that have self-supporting summer schools shall continue to receive general fund state support for vocational programs that require that students enroll in a four quarter sequence of courses that includes summer quarter due to clinical or laboratory requirements and for ungraded courses limited to adult basic education, vocational apprenticeship, aging and retirement, small business management, industrial first aid, and parent education. (2) The board of trustees of a community college district may permit the district’s state-funded, full-time equivalent enrollment level, as provided in the omnibus state appropriations act, to vary. If the variance is above the state-funded level, the district may charge those students above the statefunded level a fee equivalent to the amount of tuition and fees that are charged students enrolled in state-funded courses. These fees shall be retained by the colleges. (3) The state board for community and technical colleges shall ensure compliance with this section. [1993 sp.s. c 18 § 13; 1993 sp.s. c 15 § 8; 1991 c 353 § 1.] Reviser’s note: This section was amended by 1993 sp.s. c 15 § 8 and by 1993 sp.s. c 18 § 13, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Findings—Effective date—1993 sp.s. c 15: See notes following RCW 28B.10.776. Effective date—1991 c 353: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect June 15, 1991." [1991 c 353 § 3.] 28B.15.520 Waiver of fees and nonresident tuition fees differential—Community colleges. Subject to the limitations of RCW 28B.15.910, the governing boards of the community colleges may: (1) Waive all or a portion of tuition fees and services and activities fees for: (a) Students nineteen years of age or older who are eligible for resident tuition and fee rates as defined in RCW 28B.15.012 through 28B.15.015, who enroll in a course of study or program which will enable them to finish their high school education and obtain a high school diploma or certificate, but who are not eligible students as defined by RCW 28A.600.405; and (b) Children of any law enforcement officer or firefighter 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 waiver only if they begin their course of study at a community college within ten years of their graduation from high school; (2) Waive all or a portion of the nonresident tuition fees differential for: (a) Nonresident students enrolled in a community college course of study or program which will enable them to finish their high school education and obtain a high school diploma or certificate but who are not eligible students as defined by RCW 28A.600.405. The waiver shall be in effect only for those courses which lead to a high school diploma or certificate; and 28B.15.520 (2008 Ed.) 28B.15.522 (b) Up to forty percent of the students enrolled in the regional education program for deaf students, subject to federal funding of such program. [2007 c 355 § 6; 1993 sp.s. c 18 § 16; 1992 c 231 § 12; 1990 c 154 § 2; 1987 c 390 § 1. Prior: 1985 c 390 § 26; 1985 c 198 § 1; 1982 1st ex.s. c 37 § 8; 1979 ex.s. c 148 § 1; 1973 1st ex.s. c 191 § 2; 1971 ex.s. c 279 § 12; 1970 ex.s. c 59 § 8; 1969 ex.s. c 261 § 29. Formerly RCW 28.85.310, part.] Finding—Intent—2007 c 355: See note following RCW 28B.50.534. Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012. Effective date—1973 1st ex.s. c 191: See note following RCW 28B.15.380. Severability—1971 ex.s. c 279: See note following RCW 28B.15.005. Severability—1970 ex.s. c 59: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1970 ex.s. c 59 § 11.] Severability—1969 ex.s. c 261: See note following RCW 28B.50.020. GED test, eligibility: RCW 28A.305.190. "Totally disabled" defined for certain purposes: RCW 28B.15.385. 28B.15.522 Waiver of tuition and fees for long-term unemployed or underemployed persons—Community colleges. (1) The governing boards of the community colleges may waive all or a portion of the tuition and services and activities fees for persons under subsection (2) of this section pursuant to the following conditions: (a) Such persons shall register for and be enrolled in courses on a space available basis and new course sections shall not 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 which would affect budgetary determinations; and (c) Persons who enroll under this section shall have the same access to support services as do all other students and shall be subject to all course prerequisite requirements. (2) A person is eligible for the waiver under subsection (1) of this section if the person: (a) Meets the requirements for a resident student under RCW 28B.15.011 through 28B.15.015; (b) Is twenty-one years of age or older; (c) At the time of initial enrollment under subsection (1) of this section, has not attended an institution of higher education for the previous six months; (d) Is not receiving or is not entitled to receive unemployment compensation of any nature under Title 50 RCW; and (e) Has an income at or below the need standard established under chapter 74.04 RCW by the department of social and health services. (3) The state board for community and technical colleges shall adopt rules to carry out this section. [1993 sp.s. c 18 § 17; 1992 c 231 § 13; 1985 c 390 § 27; 1984 c 50 § 2.] 28B.15.522 Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. [Title 28B RCW—page 73] 28B.15.524 Title 28B RCW: Higher Education Intent—1984 c 50: "The legislature finds that providing educational opportunities to the long-term unemployed and underemployed is a valuable incentive to these individuals to reestablish themselves as contributing members of society. To this end, the legislature finds that creating the opportunity for these people to attend the state’s community colleges on a space available basis, without charge, will provide the impetus for self-improvement without drawing upon the limited resources of the state or its institutions." [1984 c 50 § 1.] Severability—1984 c 50: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1984 c 50 § 4.] 28B.15.524 28B.15.524 Community college international student exchange program. The community college international student exchange program is hereby established. [1987 c 12 § 1.] 28B.15.526 Community college international student exchange program—Resident tuition for participants authorized. The legislature intends to permit the governing boards of the community colleges to charge resident tuition and fees for students of foreign nations who are participants in the international student exchange program. [1987 c 12 § 2.] 28B.15.526 28B.15.527 Waiver of nonresident tuition fees differential for students of foreign nations—Community colleges. Subject to the limitations of RCW 28B.15.910, the governing boards of the community colleges may waive all or a portion of the nonresident tuition fees differential for undergraduate students of foreign nations as follows: (1) Priority in the awarding of waivers shall be given to students on academic exchanges and students participating in special programs recognized through formal agreements between states, cities, or institutions; (2) The waiver programs under this section shall promote reciprocal placements and waivers in foreign nations for Washington residents. The number of foreign students granted waivers through this program shall not exceed the number of that institution’s own students enrolled in approved study programs abroad during the same period; (3) No reciprocal placements shall be required for up to thirty students participating in the Georgetown University scholarship program funded by the United States agency for international development; (4) Participation shall be limited to one hundred full-time foreign students each year. [1993 sp.s. c 18 § 18; 1992 c 231 § 14; 1989 c 245 § 5; 1987 c 12 § 3.] 28B.15.527 Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. Analyses—1989 c 245: See note following RCW 28B.76.310. 28B.15.540 28B.15.540 Waiver of tuition and fees for residents sixty years of age or older—Limitations. 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: [Title 28B RCW—page 74] (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. [1992 c 231 § 16; 1985 c 390 § 29; 1975 1st ex.s. c 157 § 2.] Effective date—1992 c 231: See note following RCW 28B.10.016. Purpose—1975 1st ex.s. c 157: "In recognition of the worthwhile goal of making education a life-long process, it is the declared desire of the legislature to promote the availability of postsecondary education for the state’s older residents." [1975 1st ex.s. c 157 § 1.] 28B.15.543 Waiver or grant of tuition and fees for recipients of the Washington scholars award—Qualifications. (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 higher education coordinating board on or before June 30, 1994, as recipients of the Washington sc h ol ar s a wa r d u n d e r R C W 2 8 A. 6 0 0 . 1 00 th r o ug h 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 higher education coordinating board 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 higher education coordinating board after June 30, 1994, as recipients of the Washington 28B.15.543 (2008 Ed.) College and University Fees sc ho l ar s a wa r d u n d e r R C W 2 8 A. 6 0 0 . 1 00 t h r ou g h 28A.600.150 shall be eligible to receive a grant for undergraduate course work as authorized under RCW 28B.76.660. [2004 c 275 § 49; 1995 1st sp.s. c 5 § 2; 1993 sp.s. c 18 § 19; 1992 c 231 § 17; 1990 c 33 § 558; 1987 c 465 § 2. Prior: 1985 c 390 § 30; 1985 c 370 § 68; 1985 c 341 § 16; 1984 c 278 § 17.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. Severability—Effective date—1995 1st sp.s. c 5: See notes following RCW 28A.600.130. Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. Purpose—Statutory references—Severability—1990 c 33: See RCW 28A.900.100 through 28A.900.102. Application—1987 c 465 § 2: "The amendments to RCW 28B.15.543 by section 2, chapter 465, Laws of 1987 shall apply to persons holding the Washington scholars award as of July 26, 1987, as well as persons holding the award after July 26, 1987." [1987 c 465 § 3.] Severability—1984 c 278: See note following RCW 28A.185.010. 28B.15.544 Waiver of nonresident tuition fees differential for western undergraduate exchange program students. Subject to the limitations of RCW 28B.15.910, the governing boards of Washington State University, Eastern Washington University, and Central Washington University may waive all or a portion of the difference between fifty percent of the resident tuition and fees amount and the nonresident tuition fees differential for nonresident students who enroll under the western interstate commission for higher education western undergraduate exchange program. [1999 c 344 § 2.] 28B.15.544 Findings—Intent—1999 c 344: "The legislature finds that policies that encourage regional planning and access to higher education benefit both the students and the state. Such policies improve access, reduce unnecessary duplication, and make higher education more cost-effective. The western undergraduate exchange program, coordinated by the western interstate commission for higher education is a program through which students in participating states may enroll in designated institutions in other participating states at a special, reduced tuition level. During the 1998-99 school year institutions in fifteen western states participated in the western undergraduate exchange program, including Washington’s bordering states of Oregon and Idaho. Eastern Washington University participated on a pilot basis. It is the intent of the legislature to permit Washington’s institutions of higher education to participate in the western undergraduate exchange program." [1999 c 344 § 1.] 28B.15.545 Waiver of tuition and fees for recipients of the Washington award for vocational excellence— Grants. (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 sec28B.15.545 (2008 Ed.) 28B.15.556 ond-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 course work as authorized under RCW 28B.76.670. [2004 c 275 § 50; 1995 1st sp.s. c 7 § 7; 1993 sp.s. c 18 § 20; 1992 c 231 § 18; 1987 c 231 § 1; 1985 c 390 § 31; 1984 c 267 § 6.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. Severability—1995 1st sp.s. c 7: See note following RCW 28C.04.520. Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. 28B.15.546 Second-year waiver of tuition and fees for recipients of the Washington award for vocational excellence. Students receiving the Washington award for vocational excellence in 1987 and thereafter are eligible for a second-year waiver. [1987 c 231 § 5.] 28B.15.546 28B.15.555 Waiver of tuition and fees for students of foreign nations—Intent. The legislature intends to permit the governing boards of the four-year institutions of higher education to waive tuition and fees for certain students of foreign nations. To the greatest extent possible, students chosen for these waivers and for the institutions’ own approved study abroad programs shall reflect the range of socioeconomic and ethnic characteristics of the students’ institutions and native countries. [1986 c 232 § 1.] 28B.15.555 28B.15.556 Waiver of tuition and fees for students of foreign nations—Authorized—Limitations. 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; (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 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 28B.15.556 [Title 28B RCW—page 75] 28B.15.558 Title 28B RCW: Higher Education in approved study programs abroad during the same period. [1993 sp.s. c 18 § 21; 1992 c 231 § 19; 1986 c 232 § 2.] Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. 28B.15.558 Waiver of tuition and fees for state employees and educational employees. (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 fulltime employees and employees who are employed half-time or more. [2007 c 461 § 1; 2005 c 249 § 4; 2003 c 160 § 2; 1997 c 211 § 1; 1996 c 305 § 3; 1992 c 231 § 20; 1990 c 88 § 1.] 28B.15.558 *Reviser’s note: RCW 41.56.201 was repealed by 2002 c 354 § 403, effective July 1, 2005. Finding—Intent—2003 c 160: "The legislature finds that military and naval veterans who have served their country in wars on foreign soil have [Title 28B RCW—page 76] risked their own lives to defend both the lives of all Americans and the freedom that define[s] and distinguish[es] our nation. It is the intent of the legislature to honor veterans of the Korean conflict for the public service they have provided to their country." [2003 c 160 § 1.] Effective date—1996 c 305 § 3: "Section 3 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [March 30, 1996]." [1996 c 305 § 4.] Severability—1996 c 305: See note following RCW 28B.85.020. Effective date—1992 c 231: See note following RCW 28B.10.016. 28B.15.600 Refunds or cancellation of fees—Fouryear institutions of higher education. (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. [2004 c 161 § 2; 2003 c 319 § 1; 1995 c 36 § 1; 1993 sp.s. c 18 § 22; 1991 c 164 § 5; 1985 c 390 § 32; 1983 c 256 § 1; 1977 ex.s. c 169 § 40; 1973 1st ex.s. c 46 § 2; 1971 ex.s. c 279 § 15; 1969 ex.s. c 223 § 28B.15.600. Prior: 1963 c 89 § 1. Formerly RCW 28.76.430.] 28B.15.600 Effective date—2004 c 161: See note following RCW 28B.10.270. Effective date—1995 c 36: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 13, 1995]." [1995 c 36 § 3.] Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—1973 1st ex.s. c 46: See note following RCW 28B.10.704. Severability—1971 ex.s. c 279: See note following RCW 28B.15.005. (2008 Ed.) College and University Fees 28B.15.605 Refunds or cancellation of fees—Community colleges and technical colleges. (1) The governing boards of the community colleges and technical colleges shall refund or cancel up to one hundred percent but no less than eighty percent of the tuition and services and activities fees if the student withdraws from a college course or program before the sixth day of instruction of the regular quarter 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 shall refund or cancel up to fifty percent but no less than forty percent of the fees provided such withdrawal occurs within the first twenty calendar days following the beginning of instruction. However, if a different policy is required by federal law in order for the college 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. (2) The governing boards of the respective community college or technical college shall adopt rules consistent with subsection (1) of this section for the refund of tuition and fees for the summer quarter and for courses or programs that begin after the start of the regular quarter. (3) The governing boards of community colleges and technical colleges may extend the refund or cancellation period for students who withdraw for medical reasons and shall adopt policies that comply with RCW 28B.10.270 for students who are called into the military service of the United States. [2004 c 161 § 3; 1995 c 36 § 2.] 28B.15.605 Effective date—2004 c 161: See note following RCW 28B.10.270. Effective date—1995 c 36: See note following RCW 28B.15.600. 28B.15.610 Voluntary fees of students. The provisions of this chapter shall not apply to or affect any student fee or charge which the students voluntarily maintain upon themselves for student purposes only. [1969 ex.s. c 223 § 28B.15.610. Prior: 1915 c 66 § 8; RRS § 4552. Formerly RCW 28.77.065.] 28B.15.610 28B.15.615 Exemption from resident operating fees and technology fees for persons holding graduate service appointments. 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. [1996 c 142 § 3; 1993 sp.s. c 18 § 23; 1992 c 231 § 21; 1984 c 105 § 1.] 28B.15.615 Severability—Effective date—1996 c 142: See notes following RCW 28B.15.031. Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. 28B.15.621 Tuition waivers—Veterans and national guard members—Dependents—Private institutions. (1) The legislature finds that active military and naval veterans, reserve military and naval veterans, and national guard mem28B.15.621 (2008 Ed.) 28B.15.621 bers 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 defined in RCW 28B.15.385, 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. [Title 28B RCW—page 77] 28B.15.625 Title 28B RCW: Higher Education (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) "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. (b) "Totally disabled" means a person who has been determined to be one hundred percent disabled by the federal department of veterans affairs. (c) "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. [2008 c 188 § 1; 2008 c 6 § 501; 2007 c 450 § 1; 2005 c 249 § 1.] Reviser’s note: This section was amended by 2008 c 6 § 501 and by 2008 c 188 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1). [Title 28B RCW—page 78] Part headings not law—Severability—2008 c 6: See RCW 26.60.900 and 26.60.901. 28B.15.625 Rights of Washington national guard and other military reserve students called to active service. Private vocational schools and private higher education institutions are encouraged to provide students who are members of the Washington national guard or any other military reserve component and who are ordered for a period exceeding thirty days into active state service or federal active military service the same rights and opportunities provided under RCW 28B.10.270 by public higher education institutions. [2004 c 161 § 4; 1991 c 164 § 10.] 28B.15.625 Effective date—2004 c 161: See note following RCW 28B.10.270. 28B.15.700 Nonresident tuition fees—Exemption under Western regional higher education compact contracts. See RCW 28B.70.050. 28B.15.700 28B.15.725 Home tuition programs. (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-ofstate 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. [1997 c 433 § 4; 1994 c 234 § 1; 1993 sp.s. c 18 § 26; 1992 c 231 § 24; 1989 c 290 § 2.] 28B.15.725 Intent—1997 c 433: "It is the intent of the legislature to provide for diverse educational opportunities at the state’s institutions of higher education and to facilitate student participation in educational exchanges with institutions outside the state of Washington. To accomplish this, this act establishes a home tuition program allowing students at Washington state institutions of higher education to take advantage of out-of-state and international educational opportunities while paying an amount equal to their regularly charged tuition and required fees." [1997 c 433 § 1.] Severability—1997 c 433: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1997 c 433 § 6.] Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. Intent—1989 c 290; 1994 c 234: "The legislature recognizes that a unique educational experience can result from an undergraduate student (2008 Ed.) College and University Fees attending an out-of-state institution. It also recognizes that some Washington residents may be unable to pursue such out-of-state enrollment owing to their limited financial resources and the higher cost of nonresident tuition. The legislature intends to facilitate expanded nonresident undergraduate enrollment opportunities for residents of the state by authorizing the governing boards of the four-year institutions of higher education to enter into exchange programs with other states’ institutions with comparable programs wherein the participating institutions agree that visiting undergraduate students will pay resident tuition rates of the host institutions." [1994 c 234 § 2; 1989 c 290 § 1.] 28B.15.740 28B.15.734 Washington/Oregon reciprocity tuition and fee program—Implementation agreement. The higher education coordinating board may enter into an agreement with appropriate officials or agencies in Oregon to implement the provisions of RCW 28B.15.730 through 28B.15.734. [1985 c 370 § 71; 1979 c 80 § 3.] 28B.15.734 Severability—1979 c 80: See note following RCW 28B.15.730. 28B.15.736 Washington/Oregon reciprocity tuition and fee program—Program review. By January 10 of each odd-numbered year, the higher education coordinating board shall review the costs and benefits of this program and shall transmit copies of their review to the governor and the appropriate policy and fiscal committees of the legislature. [1985 c 370 § 72; 1983 c 104 § 2; 1979 c 80 § 4.] 28B.15.736 28B.15.730 Waiver of nonresident tuition fees differential—Washington/Oregon reciprocity program. 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. [1993 sp.s. c 18 § 27; 1992 c 231 § 25; 1985 c 370 § 69; 1983 c 104 § 1; 1979 c 80 § 1.] 28B.15.730 Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. Severability—1979 c 80: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 c 80 § 5.] 28B.15.732 Washington/Oregon reciprocity tuition and fee program—Reimbursement when greater net revenue loss. Prior to January 1 of each odd-numbered year the higher education coordinating board, in cooperation with the *state board for community college education, and in consultation with appropriate agencies and officials in the state of Oregon, shall determine for the purposes of RCW 28B.15.730 the number of students for whom nonresident tuition and fees have been waived for the first academic year of the biennium and the fall term of the second academic year, and make an estimate of the number of such students for the remainder of the second academic year, and the difference between the aggregate amount of tuition and fees that would have been paid to the respective states by residents of the other state had such waivers not been made, and the aggregate amount of tuition and fees paid by residents of the other state. Should the board determine that the state of Oregon has experienced a greater net tuition and fee revenue loss than institutions in Washington, it shall pay from funds appropriated for this purpose to the appropriate agency or institutions in Oregon an amount determined by subtracting the net tuition and fee revenue loss of Washington from the net tuition and fee revenue loss of Oregon, minus twenty-five thousand dollars for each year of the biennium: PROVIDED, That appropriate officials in the state of Oregon agree to make similar restitution to the state of Washington should the net tuition and fee revenue loss in Washington be greater than that in Oregon. [1985 c 370 § 70; 1979 c 80 § 2.] 28B.15.732 *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. Severability—1979 c 80: See note following RCW 28B.15.730. (2008 Ed.) Severability—1979 c 80: See note following RCW 28B.15.730. 28B.15.740 Limitation on total tuition and fee waivers. (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 waiv28B.15.740 [Title 28B RCW—page 79] 28B.15.750 Title 28B RCW: Higher Education ers do not result in any saved or displaced money that can be used for athletic programs for members of the underrepresented gender class. [1997 c 207 § 1; 1995 1st sp.s. c 9 § 9; 1993 sp.s. c 18 § 28; 1992 c 231 § 26; 1989 c 340 § 2; 1986 c 232 § 3; 1985 c 390 § 33; 1982 1st ex.s. c 37 § 9; 1980 c 62 § 1; 1979 ex.s. c 262 § 1.] Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031. Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012. Severability—1979 ex.s. c 262: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 262 § 5.] 28B.15.750 Waiver of nonresident tuition fees differential—Washington/Idaho reciprocity program. 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. [1993 sp.s. c 18 § 29; 1992 c 231 § 27; 1985 c 370 § 73; 1983 c 166 § 1.] 28B.15.750 Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. 28B.15.752 Washington/Idaho reciprocity tuition and fee program—Reimbursement when greater net revenue loss. Prior to January 1 of each odd-numbered year, the higher education coordinating board, in cooperation with the *state board for community college education and in consultation with appropriate agencies and officials in the state of Idaho, shall determine for the purposes of RCW 28B.15.750 the number of students for whom nonresident tuition and fees have been waived for the first academic year of the biennium and the fall term of the second academic year, and make an estimate of the number of such students for the remainder of the second academic year, and the difference between the aggregate amount of tuition and fees that would have been paid to the respective states by residents of the other state had such waivers not been made, and the aggregate amount of tuition and fees paid by residents of the other state. Should the board determine that the state of Idaho has experienced a greater net tuition and fee revenue loss than institutions in Washington, it shall pay from funds appropriated for this purpose to the appropriate agency or institution in Idaho an amount determined by subtracting the net tuition and fee revenue loss of Washington from the net tuition and fee revenue loss of Idaho, minus twenty-five thousand dollars for each year of the biennium if the appropriate officials in the state of Idaho agree to make similar restitution to the state of Washington should the net tuition and fee revenue loss in Washington be greater than that in Idaho. [1985 c 370 § 74; 1983 c 166 § 2.] 28B.15.752 [Title 28B RCW—page 80] *Reviser’s note: The state board for community college education was renamed the state board for community and technical colleges by 1991 c 238 § 30. 28B.15.754 Washington/Idaho reciprocity tuition and fee program—Implementation agreement—Program review. The higher education coordinating board may enter into an agreement with appropriate officials or agencies in the state of Idaho to implement RCW 28B.15.750 and 28B.15.752. By January 10 of each odd-numbered year, the board shall review the costs and benefits of any agreement entered into under RCW 28B.15.750 and shall transmit copies of their review to the governor and the appropriate policy and fiscal committees of the legislature. [1987 c 446 § 1; 1985 c 370 § 75; 1983 c 166 § 3.] 28B.15.754 Effective date—1987 c 446: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1987." [1987 c 446 § 5.] 28B.15.756 Waiver of nonresident tuition fees differential—Washington/British Columbia reciprocity program. 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. [1993 sp.s. c 18 § 30; 1992 c 231 § 28; 1987 c 446 § 2; 1985 c 370 § 76; 1983 c 166 § 4.] 28B.15.756 Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. Effective date—1987 c 446: See note following RCW 28B.15.754. 28B.15.758 Washington/British Columbia reciprocity tuition and fee program—Implementation agreement—Program review. The higher education coordinating board may enter into an agreement with appropriate officials or agencies in the Canadian province of British Columbia to implement RCW 28B.15.756. The agreement should provide for a balanced exchange of enrollment opportunities, without payment of excess tuition or fees, for residents of the state of Washington or the Canadian province of British Columbia. By January 10 of each odd-numbered year, the board shall review the costs and benefits of any agreement entered into under RCW 28B.15.756 and shall transmit copies of their review to the governor and the appropriate policy and fiscal committees of the legislature. [1987 c 446 § 3; 1985 c 370 § 77; 1983 c 166 § 5.] 28B.15.758 Effective date—1987 c 446: See note following RCW 28B.15.754. 28B.15.760 Loan program for mathematics and science teachers—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28B.15.762 and 28B.15.764. 28B.15.760 (2008 Ed.) College and University Fees (1) "Institution of higher education" or "institution" means a college or university in the state of Washington which is a member institution of an accrediting association recognized as such by rule of the higher education coordinating board. (2) "Board" means the higher education coordinating board. (3) "Eligible student" means a student registered for at least ten credit hours or the equivalent and demonstrates achievement of a 3.00 grade point average for each academic year, who is a resident student as defined by RCW 28B.15.012 through 28B.15.015, who is a "needy student" as defined in RCW 28B.92.030, and who has a declared major in a program leading to a degree in teacher education in a field of science or mathematics, or a certificated teacher who meets the same credit hour and "needy student" requirements and is seeking an additional degree in science or mathematics. (4) "Public school" means a middle school, junior high school, or high school within the public school system referred to in Article IX of the state Constitution. (5) "Forgiven" or "to forgive" means to collect service as a teacher in a field of science or mathematics at a public school in the state of Washington in lieu of monetary payment. (6) "Satisfied" means paid-in-full. (7) "Borrower" means an eligible student who has received a loan under RCW 28B.15.762. [2004 c 275 § 65; 1985 c 370 § 79; 1983 1st ex.s. c 74 § 1.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. Severability—1983 1st ex.s. c 74: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1983 1st ex.s. c 74 § 6.] 28B.15.790 interest on the loan shall begin the next payment period and continue until the remainder of the loan is paid. (2) The board is responsible for collection of loans made under subsection (1) of this section and shall exercise due diligence in such collection, maintaining all necessary records to insure that maximum repayments are made. Collection and servicing of loans under subsection (1) of this section shall be pursued using the full extent of the law, including wage garnishment if necessary, and shall be performed by entities approved for such servicing by the Washington student loan guaranty association or its successor agency. The board is responsible to forgive all or parts of such loans under the criteria established in subsection (1) of this section and shall maintain all necessary records of forgiven payments. (3) Receipts from the payment of principal or interest or any other subsidies to which the board as lender is entitled, which are paid by or on behalf of borrowers under subsection (1) of this section, shall be deposited with the higher education coordinating board and shall be used to cover the costs of making the loans under subsection (1) of this section, maintaining necessary records, and making collections under subsection (2) of this section. The board shall maintain accurate records of these costs, and all receipts beyond those necessary to pay such costs shall be used to make loans to eligible students. (4) Any funds not used to make loans, or to cover the cost of making loans or making collections, shall be placed in the state educational trust fund for needy or disadvantaged students. (5) The board shall adopt necessary rules to implement this section. [1996 c 107 § 2; 1985 c 370 § 80; 1983 1st ex.s. c 74 § 2.] Severability—1983 1st ex.s. c 74: See note following RCW 28B.15.760. 28B.15.764 Loan program for mathematics and science teachers—Cooperation by board and institutions of higher education. The board and institutions of higher education shall work cooperatively to implement RCW 28B.15.762 and to publicize this program to eligible students. [1985 c 370 § 81; 1983 1st ex.s. c 74 § 3.] 28B.15.764 28B.15.762 28B.15.762 Loan program for mathematics and science teachers—Terms and conditions—Collection—Disposition of payments—Rules. (1) The board may make long-term loans to eligible students at institutions of higher education from the funds appropriated to the board for this purpose. The amount of any such loan shall not exceed the demonstrated financial need of the student or two thousand five hundred dollars for each academic year whichever is less, and the total amount of such loans to an eligible student shall not exceed ten thousand dollars. The interest rates and terms of deferral of such loans shall be consistent with the terms of the guaranteed loan program established by 20 U.S.C. Sec. 1701 et seq. The period for repaying the loan principal and interest shall be ten years with payments accruing quarterly commencing nine months from the date the borrower graduated. The entire principal and interest of each loan payment shall be forgiven for each payment period in which the borrower teaches science or mathematics in a public school in this state until the entire loan is satisfied or the borrower ceases to teach science or mathematics at a public school in this state. Should the borrower cease to teach science or mathematics at a public school in this state before the time in which the principal and interest on the loan are satisfied, payments on the unsatisfied portion of the principal and (2008 Ed.) Severability—1983 1st ex.s. c 74: See note following RCW 28B.15.760. 28B.15.766 Loan program for mathematics and science teachers—Duration—*Legislative budget committee review. No loans shall be made after August 23, 1989, until the program is reviewed by the *legislative budget committee and is reenacted by the legislature. [1983 1st ex.s. c 74 § 4.] 28B.15.766 *Reviser’s note: The "legislative budget committee" was redesignated the "joint legislative audit and review committee" by 1996 c 288 § 3. Severability—1983 1st ex.s. c 74: See note following RCW 28B.15.760. 28B.15.790 Effective communication—Intent. The legislature finds that the quality of undergraduate education is enhanced by association with graduate assistants from other countries who can effectively communicate their knowledge and diverse cultural backgrounds. 28B.15.790 [Title 28B RCW—page 81] 28B.15.792 Title 28B RCW: Higher Education It is the intent of the legislature to assist the institutions in their effort to improve the quality of undergraduate education at the state’s four-year colleges and universities. Attainment of an excellent education is facilitated when communication is clear, concise, sensitive to cultural differences, and demonstrative of proven pedagogical skills. It is the further intent of the legislature to assure students and parents that graduate teaching assistants at our state institutions of higher education are able to communicate effectively and understandably with undergraduate students. [1991 c 228 § 1.] 28B.15.792 Effective communication—Principles. The Washington state legislature affirms the following principles: (1) Washington’s college and university students are entitled to excellent instruction at the state’s institutions of higher education. Excellent education requires the ability to communicate effectively in college classrooms and laboratories. (2) The presence of students, faculty, and staff from other countries on Washington’s college campuses enriches the educational experience of Washington’s students and enhances scholarship and research at the state’s colleges and universities. (3) With the exception of courses designed to be taught primarily in a foreign language, undergraduate students shall be provided with classroom instruction, laboratory instruction, clinics, seminars, studios, and other participatory and activity courses by a person fluent in both the spoken and written English language. (4) Persons of all nationalities, races, religions, and ethnic backgrounds are welcome and valued in the state of Washington. [1991 c 228 § 2.] 28B.15.792 28B.15.794 Effective communication—Implementation of principles. 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 are implemented at its institution of higher education. [1991 c 228 § 3.] 28B.15.794 *Reviser’s note: A translation of "section 1 of this act" is RCW 28B.15.790. RCW 28B.15.792 was apparently intended. 28B.15.796 Effective communication—Task force to improve communication and teaching skills of faculty and teaching assistants. The council of presidents, in consultation with the higher education coordinating board, shall convene a task force of representatives from the four-year universities and colleges. The task force shall: (1) Review institutional policies and procedures designed to ensure that faculty and teaching assistants are able to communicate effectively with undergraduate students in classrooms and laboratories; (2) Research methods and procedures designed to improve the communication and teaching skills of any person funded by state money who instructs undergraduate students in classrooms and laboratories; (3) Share the results of that research with each participating university and college; and 28B.15.796 [Title 28B RCW—page 82] (4) Work with each participating university and college to assist the institution in its efforts to improve the communication and pedagogical skills of faculty and teaching assistants instructing undergraduate students. [1991 c 228 § 4.] 28B.15.800 Pledged bond retirement funds to be set aside from tuition and fees—1977 ex.s. c 322. Notwithstanding any other section of chapter 322, Laws of 1977 ex. sess., the boards of regents and trustees of the respective institutions of higher education shall set aside from tuition and fees charged in each schedule an amount heretofore pledged and necessary for the purposes of bond retirement until such time as any such debt has been satisfied. [1985 c 390 § 34; 1977 ex.s. c 322 § 15.] 28B.15.800 Severability—1977 ex.s. c 322: See note following RCW 28B.15.065. 28B.15.805 Pledged bond retirement funds to be set aside from tuition and fees—1981 c 257. Notwithstanding any other provision of chapter 257, Laws of 1981, the boards of regents and trustees of the respective institutions of higher education shall set aside from tuition and fees charged in each schedule an amount heretofore pledged and necessary for the purposes of bond retirement until such time as any such debt has been satisfied. [1981 c 257 § 10.] 28B.15.805 Severability—1981 c 257: See note following RCW 28B.15.031. 28B.15.820 Institutional financial aid fund—"Eligible student" defined. (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; or (c) to provide financial aid to needy students as provided in subsection (10) 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 28B.15.820 (2008 Ed.) College and University Fees 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 (2008 Ed.) 28B.15.910 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. [2007 c 404 § 4; 2004 c 275 § 66; 1995 1st sp.s. c 9 § 10. Prior: 1993 c 385 § 1; 1993 c 173 § 1; 1985 c 390 § 35; 1983 1st ex.s. c 64 § 1; 1982 1st ex.s. c 37 § 13; 1981 c 257 § 9.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031. Effective date—Severability—1982 1st ex.s. c 37: See notes following RCW 28B.15.012. Severability—1981 c 257: See note following RCW 28B.15.031. 28B.15.900 "State universities," "regional universities," "state college," "institutions of higher education," and "postsecondary institutions" defined. See RCW 28B.10.016. 28B.15.900 28B.15.910 Limitation on total operating fees revenue waived, exempted, or reduced—Outreach to veterans. (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; 28B.15.910 [Title 28B RCW—page 83] 28B.15.915 Title 28B RCW: Higher Education (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. [2008 c 188 § 3. Prior: 2007 c 522 § 948; 2007 c 450 § 2; 2007 c 130 § 1; 2006 c 229 § 2; 2005 c 249 § 3; 2004 c 275 § 51; 2000 c 152 § 3; 1999 c 344 § 3; 1998 c 346 § 904; 1997 c 433 § 5; 1993 sp.s. c 18 § 31; 1992 c 231 § 33.] Severability—Effective date—2007 c 522: See notes following RCW 15.64.050. Finding—Intent—2006 c 229: "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 by making available to all eligible admitted veterans a waiver of operating fees by a state university, a regional university, The Evergreen State College, or the community colleges as a whole, to veterans who qualify under RCW 28B.15.621." [2006 c 229 § 1.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. [Title 28B RCW—page 84] Findings—Intent—1999 c 344: See note following RCW 28B.15.544. Construction—Severability—Effective date—1998 c 346: See notes following RCW 50.24.014. Intent—Severability—1997 c 433: See notes following RCW 28B.15.725. Effective date—1993 sp.s. c 18: See note following RCW 28B.12.060. Effective date—1992 c 231: See note following RCW 28B.10.016. 28B.15.915 Waiver of operating fees—Report. 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. [2000 c 152 § 1.] 28B.15.915 Chapter 28B.20 Chapter 28B.20 RCW UNIVERSITY OF WASHINGTON Sections GENERAL 28B.20.010 Designation. 28B.20.020 Purpose. 28B.20.054 Credits—Statewide transfer policy and agreement—Establishment. 28B.20.055 "Major line" defined. 28B.20.057 Major lines common to University of Washington and Washington State University. 28B.20.060 Courses exclusive to University of Washington. 28B.20.095 University fees. 28B.20.100 Regents—Appointment—Terms—Vacancies—Quorum. 28B.20.105 Regents—Organization and conduct of business—Bylaws, rules and regulations—Meetings. 28B.20.110 Regents—Secretary—Treasurer—Duties—Treasurer’s bond. 28B.20.115 Regents—Oaths. 28B.20.116 Regents—Expenses. 28B.20.117 Regents—Attorney general as advisor. 28B.20.130 Powers and duties of regents—General. 28B.20.134 Powers and duties of regents—Consent to sale of university granted lands. 28B.20.135 Powers and duties of regents—Employment of architects, engineers, for construction of buildings and facilities. 28B.20.140 Powers and duties of regents—Contracts for erection of buildings or improvements. 28B.20.145 Powers and duties of regents—Regents’ spending limited by income. 28B.20.200 Faculty—Composition—General powers. 28B.20.250 Liability coverage of university personnel and students— Authorized—Scope. 28B.20.253 Liability coverage of university personnel and students—Selfinsurance revolving fund. 28B.20.255 Liability coverage of university personnel and students—As exclusive authority. 28B.20.277 Mathematics, engineering, and science achievement program—Establishment and administration through university. 28B.20.279 High-technology education and training. 28B.20.280 Masters and doctorate level degrees in technology authorized—Review by higher education coordinating board. 28B.20.283 Washington technology center—Findings. 28B.20.285 Washington technology center—Created—Purpose. 28B.20.287 Washington technology center—Definitions. 28B.20.289 Washington technology center—Administration—Board of directors. 28B.20.291 Washington technology center—Support from participating institutions. (2008 Ed.) University of Washington 28B.20.293 Washington technology center—Role of department of community, trade, and economic development. 28B.20.295 Washington technology center—Availability of facilities to other institutions. 28B.20.296 Washington technology center—Renewable energy and energy efficiency business development—Strategic plan. 28B.20.297 Washington technology center—Small business innovation research assistance program. 28B.20.298 Clean energy research, development, manufacturing, and marketing—Findings—Policy. 28B.20.300 Schools of medicine, dentistry, and related health services— Authorization. 28B.20.305 Schools of medicine, dentistry, and related health services— Purpose. 28B.20.315 Drug testing laboratory—Service—Employees as expert witnesses, traveling expenses and per diem. 28B.20.320 Marine biological preserve—Established and described— Unlawful gathering of marine biological materials—Penalty. 28B.20.328 Lease of lands with outdoor recreation potential—Restrictions—Unlawful to use posted lands. 28B.20.330 Rights-of-way to railroads and streetcar railways—Conditions. 28B.20.332 Rights-of-way to railroads and streetcar railways—Regents to make agreement. 28B.20.334 Rights-of-way to railroads and streetcar railways—Form of deed—Certified copy filed. 28B.20.336 Rights-of-way to railroads and streetcar railways—Deed conveys conditional easement. 28B.20.340 University site dedicated for street and boulevard purposes— Description. 28B.20.342 University site dedicated for street and boulevard purposes— Local assessments barred against site. 28B.20.344 University site dedicated for street and boulevard purposes— Eminent domain may not be exercised against site. 28B.20.350 1947 conveyance for arboretum and botanical garden purposes—Description. 28B.20.352 1947 conveyance for arboretum and botanical garden purposes—Deed of conveyance. 28B.20.354 1947 conveyance for arboretum and botanical garden purposes—Part may be conveyed by regents to city of Seattle. 28B.20.356 1947 conveyance for arboretum and botanical garden purposes—Reversion for unauthorized use—Reconveyance for highway purposes. 28B.20.360 1939 conveyance of shorelands to university—Description. 28B.20.362 1939 conveyance of shorelands to university—Deed of conveyance. 28B.20.364 1939 conveyance of shorelands to university—Grant for arboretum and botanical garden purposes—Reversion for unauthorized use—Reconveyance for highway purposes. 28B.20.370 Transfer of certain Lake Union shorelands to university. 28B.20.381 "University tract" defined. 28B.20.382 University tract—Conditions for sale, lease, or lease renewal—Inspection of records—Deposit of proceeds— University of Washington facilities bond retirement account. 28B.20.394 University tract—Powers of regents—Agreements to pay for governmental services. 28B.20.395 University tract—Powers of regents, generally. 28B.20.396 University tract—Bonding authority. 28B.20.398 University tract—Powers of regents—Bond issuance—Covenants—Redemption—Action for compliance. SCHOLARSHIPS, FELLOWSHIPS, SPECIAL RESEARCH PROJECTS, AND HOSPITAL 28B.20.410 Children’s center for research and training in mental retardation—Established. 28B.20.412 Children’s center for research and training in mental retardation—Administration. 28B.20.414 Children’s center for research and training in mental retardation—Purpose. 28B.20.420 Graduate scholarships for engineering research—Established. 28B.20.422 Graduate scholarships for engineering research—Studies published—Direction of program—Qualifications for candidates. 28B.20.440 University hospital. 28B.20.450 Occupational and environmental research facility—Construction and maintenance authorized—Purpose. 28B.20.452 Occupational and environmental research facility—Industry to share costs. 28B.20.454 Occupational and environmental research facility—Submission of industrial and occupational health problems to facility—Availability of information. 28B.20.456 Occupational and environmental research facility—Advisory committee. (2008 Ed.) Chapter 28B.20 28B.20.458 Occupational and environmental research facility—Acceptance of loans, gifts, etc.—Presentment of vouchers for payments from accident and medical aid funds. 28B.20.462 Warren G. Magnuson institute for biomedical research and health professions training—Established. 28B.20.464 Warren G. Magnuson institute—Purposes. 28B.20.466 Warren G. Magnuson institute—Endowment fund earnings. 28B.20.468 Warren G. Magnuson institute—Trust fund. 28B.20.470 Warren G. Magnuson institute—State matching funds. 28B.20.472 Warren G. Magnuson institute—Local endowment fund. 28B.20.475 Sea grant program—Geoduck aquaculture—Scientific research studies—Reports. 28B.20.476 Sea grant program—Geoduck aquaculture research account. 28B.20.500 Medical students from rural areas—Admission preference. FINANCING BUILDINGS AND FACILITIES—1957 ACT 28B.20.700 Construction, remodeling, improvement, financing, etc., authorized. 28B.20.705 Definitions. 28B.20.710 Contracts, issuance of evidences of indebtedness, acceptance of grants. 28B.20.715 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds. 28B.20.720 University of Washington bond retirement fund—Composition—Pledge of building fees. 28B.20.721 Revenues derived from certain university lands deposited in University of Washington bond retirement fund. 28B.20.725 Additional powers of board—Issuance of bonds, investments, transfer of funds, etc. 28B.20.730 Refunding bonds. 28B.20.735 Bonds not general obligations—Legislature may provide additional means of payment. 28B.20.740 RCW 28B.20.700 through 28B.20.740 as concurrent with other laws. MISCELLANEOUS 28B.20.745 Validation—1959 c 193. 28B.20.750 Hospital project bonds—State general obligation bonds in lieu of revenue bonds. 28B.20.751 Hospital project bonds—Amount authorized. 28B.20.752 Hospital project bonds—Bond anticipation notes, authorized, payment. 28B.20.753 Hospital project bonds—Form, terms, conditions, sale, and covenants for bonds and notes. 28B.20.754 Hospital project bonds—Disposition of proceeds. 28B.20.755 Hospital project bonds—Administration of proceeds from bonds and notes. 28B.20.756 Hospital project bonds—1975 University of Washington hospital bond retirement fund, created, purpose. 28B.20.757 Hospital project bonds—Regents to accumulate moneys for bond payments. 28B.20.758 Hospital project bonds—As legal investment for public funds. 28B.20.759 Hospital project bonds—Prerequisite to issuance. 28B.20.770 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College. 28B.20.800 Revenues derived from certain university lands and income from university permanent fund deposited in University of Washington bond retirement fund—Covenant. 28B.20.805 Revenues derived from certain university lands and income from university permanent fund deposited in University of Washington bond retirement fund—Ratification of previous transfers. 28B.20.810 Revenues derived from certain university lands and income from university permanent fund deposited in University of Washington bond retirement fund—Transfers of certain funds and investments from university permanent fund to University of Washington bond retirement fund and University of Washington building account. 28B.20.820 Revenues derived from certain university lands and income from university permanent fund deposited in University of Washington bond retirement fund—RCW 79.64.040 not affected. Acquisition of property, powers: RCW 28B.10.020. Admission requirements: RCW 28B.10.050. AIDS, education and training: Chapter 70.24 RCW. Athletic printing and concessions, bids required: RCW 28B.10.640. Board of regents, museum managed by: RCW 27.40.040. Bond issue for buildings and projects: RCW 43.83.090 through 43.83.104. [Title 28B RCW—page 85] 28B.20.010 Title 28B RCW: Higher Education Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW. Liquor revolving fund, alcoholism and drug abuse research, use for: RCW 66.08.180. Bond issues for buildings and facilities: RCW 28B.10.300 through 28B.10.330. Museum, designated as state natural history and anthropology museum: RCW 27.40.010. Branch campuses—Central Puget Sound area: RCW 28B.45.020. Olympic natural resources center: RCW 43.30.810. British Columbia—Tuition and fees—Reciprocity with Washington: RCW 28B.15.756 and 28B.15.758. Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730 through 28B.15.736. Buildings and facilities borrowing money for: RCW 28B.10.300(4). no state liability: RCW 28B.10.330. rate of interest: RCW 28B.10.325. contracts for construction and installation: RCW 28B.10.300(1). contracts to pay as rentals the costs of acquiring: RCW 28B.10.300(5). lease of campus lands for: RCW 28B.10.300(3). purchase or lease of land for: RCW 28B.10.300(2). use of buildings and facilities acquired: RCW 28B.10.305. Parking facilities: RCW 28B.10.300. Campus approach highway authorized: RCW 47.20.590. acquisition of property for: RCW 47.20.600. condemnation for: RCW 47.20.610. measure of damage to buildings: RCW 47.20.620. use declared public use: RCW 47.20.605. sale of buildings and personalty acquired in acquisition of land: RCW 47.20.630. Seattle city ordinance requisite: RCW 47.20.635. Commercial activities by institutions of higher education—Development of policies governing: Chapter 28B.63 RCW. Corrections mental health center—Collaborative arrangement with University of Washington: RCW 72.09.350. County hospitals, contracts with state universities relating to medical services, teaching and research: RCW 36.62.290. Courses, studies, and instruction graduate work: RCW 28B.10.120. physical education: RCW 28B.10.700. Development of methods and protocols for measuring educational costs— Schedule of educational cost study reports: RCW 28B.76.310. Eminent domain by: RCW 28B.10.020. Entrance requirements: RCW 28B.10.050. Eye protection, public educational institutions: RCW 70.100.010 through 70.100.040. Faculty members and employees annuity and retirement plans: RCW 28B.10.400 through 28B.10.423. insurance: RCW 28B.10.660. Faculty members of institutions of higher education, remunerated professional leaves for: RCW 28B.10.650. Fetal alcohol screening and assessment services: RCW 70.96A.500. Flag, display: RCW 28B.10.030. Forest products institute: Chapter 76.44 RCW. Forestry demonstration forest and experiment station, exchange of granted lands for other lands for purposes of: RCW 79.17.030. institute of forest products: Chapter 76.44 RCW. Funds state university permanent fund, created, source: RCW 43.79.060. university building fund, created: RCW 43.79.080. University of Washington fund abolished and moneys transferred to general fund: RCW 43.79.071. university permanent fund, investment in regents’ revenue bonds: RCW 43.84.140. Governing body of recognized student association at college or university, open public meetings act applicable to: RCW 42.30.200. Highly capable students—Early entrance program or transition school: RCW 28A.185.040. Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750 through 28B.15.754. Institute of forest products: Chapter 76.44 RCW. Insurance for officers, employees and students: RCW 28B.10.660. [Title 28B RCW—page 86] Police force: RCW 28B.10.550 through 28B.10.567. Real property acquisition of authorized: RCW 28B.10.020. demonstration forest and experiment station, exchange of granted lands for other lands for purposes of: RCW 79.17.030. eminent domain by railroads and canal companies against: RCW 81.36.010. sale of land or valuable materials fixing date of sale: RCW 79.11.120. legislative or board of regents consent required for: RCW 79.11.010. procedure: RCW 79.11.120. state lands, included: RCW 79.02.010. State building authority, projects authorized: Chapter 43.75 RCW. Students insurance: RCW 28B.10.660. loan fund under national defense education act: RCW 28B.10.280. Teachers training courses for: RCW 28B.10.140. use of district schools for training: RCW 28B.10.600 through 28B.10.605. Toxicological laboratories: RCW 68.50.107. Traffic regulations, penalty for violations: RCW 28B.10.560. GENERAL 28B.20.010 Designation. The state university located and established in Seattle, King county, shall be designated the University of Washington. [1969 ex.s. c 223 § 28B.20.010. Prior: 1909 c 97 p 238 § 1; RRS § 4544; prior: 1897 c 118 § 182; 1890 p 395 § 1. Formerly RCW 28.77.010.] 28B.20.010 28B.20.020 Purpose. The aim and purpose of the University of Washington shall be to provide a liberal education in literature, science, art, law, medicine, military science and such other fields as may be established therein from time to time by the board of regents or by law. [1969 ex.s. c 223 § 28B.20.020. Prior: 1909 c 97 p 238 § 2; RRS § 4545; prior: 1897 c 118 § 183; 1893 c 122 § 6; 1890 p 395 § 2. Formerly RCW 28.77.020.] 28B.20.020 28B.20.054 Credits—Statewide transfer policy and agreement—Establishment. See RCW 28B.76.240 and 28B.76.2401. 28B.20.054 28B.20.055 "Major line" defined. 28B.10.100. 28B.20.055 See RCW 28B.20.057 Major lines common to University of Washington and Washington State University. See RCW 28B.10.115. 28B.20.057 28B.20.060 Courses exclusive to University of Washington. The courses of instruction of the University of Washington shall embrace as exclusive major lines, law, medicine, forest products, logging engineering, library sciences, aeronautic and astronautic engineering, and fisheries. 28B.20.060 (2008 Ed.) University of Washington [1985 c 218 § 2; 1969 ex.s. c 223 § 28B.20.060. Prior: 1963 c 23 § 1; 1961 c 71 § 1; prior: (i) 1917 c 10 § 2; RRS § 4533. (ii) 1917 c 10 § 5; RRS § 4536. Formerly RCW 28.77.025; 28.76.060.] 28B.20.095 University fees. RCW. 28B.20.095 See chapter 28B.15 28B.20.130 executive committee may call special meetings of the whole board when such action is deemed necessary. [1969 ex.s. c 223 § 28B.20.105. Prior: (i) 1909 c 97 p 240 § 4; RRS § 4555; prior: 1897 c 118 § 185. Formerly RCW 28.77.100. (ii) 1939 c 176 § 1, part; 1927 c 227 § 1, part; 1909 c 97 p 240 § 5, part; RRS § 4557, part. Formerly RCW 28.77.130, part.] 28B.20.110 Regents—Secretary—Treasurer— Duties—Treasurer’s bond. The board shall appoint a secretary and a treasurer who shall hold their respective offices during the pleasure of the board and carry out such respective duties as the board shall prescribe. In addition to such other duties as the board prescribes, the secretary shall record all proceedings of the board and carefully preserve the same. The treasurer shall give bond for the faithful performance of the duties of his office in such amount as the regents may require: PROVIDED, That the university shall pay the fee for such bond. [1969 ex.s. c 223 § 28B.20.110. Prior: 1890 p 396 § 6; RRS § 4556. Formerly RCW 28.77.110.] 28B.20.110 28B.20.100 Regents—Appointment—Terms— Vacancies—Quorum. (1) The governance of the University of Washington shall be vested in a board of regents to consist of ten 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 shall be appointed and qualified. The student member shall hold his or her office for a term of one year from the first day of July 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 university at the time of appointment. (2) Six members of said board shall constitute a quorum for the transaction of business. In the case of a vacancy, or when an appointment is made after the date of the expiration of a term, the governor shall fill the vacancy for the remainder of the term of the regent 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. [2006 c 78 § 1; 1998 c 95 § 1; 1985 c 61 § 1; 1979 ex.s. c 103 § 2; 1973 c 62 § 7; 1969 ex.s. c 223 § 28B.20.100. Prior: 1909 c 97 p 239 § 3; RRS § 4554; prior: 1897 c 118 § 184; 1895 c 101 § 1; 1890 p 396 § 3. Formerly RCW 28.77.090, 28.77.100, part.] 28B.20.100 Present terms not affected—1979 ex.s. c 103: "Nothing in sections 2 through 6 of this amendatory act shall shorten the terms of regents or trustees presently in office." [1979 ex.s. c 103 § 7.] Severability—1979 ex.s. c 103: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 103 § 8.] Savings—Severability—1973 c 62: See notes following RCW 28B.10.510. 28B.20.105 Regents—Organization and conduct of business—Bylaws, rules and regulations—Meetings. The board shall organize by electing from its membership a president and an executive committee, of which committee the president shall be ex officio chairman. The board may adopt bylaws or rules and regulations for its own government. The board shall hold regular quarterly meetings, and during the interim between such meetings the executive committee may transact business for the whole board: PROVIDED, That the 28B.20.105 (2008 Ed.) 28B.20.115 Regents—Oaths. 28B.20.115 See RCW 28B.10.520. 28B.20.116 Regents—Expenses. 28B.10.525. 28B.20.116 See RCW 28B.20.117 Regents—Attorney general as advisor. See RCW 28B.10.510. 28B.20.117 28B.20.130 Powers and duties of regents—General. General powers and duties of the board of regents are as follows: (1) To have full control of the university and its property of various kinds, except as otherwise provided by law. (2) To employ the president of the university, his or her assistants, members of the faculty, and employees of the institution, who except as otherwise provided by law, shall hold their positions during the pleasure of said board of regents. (3) Establish entrance requirements for students seeking admission to the university which meet or exceed the standards specified under RCW 28B.76.290(2). Completion of examinations satisfactory to the university may be a prerequisite for entrance by any applicant at the university’s discretion. Evidence of completion of public high schools and other educational institutions whose courses of study meet the approval of the university may be acceptable for entrance. (4) Establish such colleges, schools, or departments necessary to carry out the purpose of the university and not otherwise proscribed by law. (5) With the assistance of the faculty of the university, prescribe the course of study in the various colleges, schools, and departments of the institution and publish the necessary catalogues thereof. (6) Grant to students such certificates or degrees as recommended for such students by the faculty. The board, upon recommendation of the faculty, may also confer honorary degrees upon persons other than graduates of this university in recognition of their learning or devotion to literature, art, or science: PROVIDED, That no degree shall ever be con28B.20.130 [Title 28B RCW—page 87] 28B.20.134 Title 28B RCW: Higher Education ferred in consideration of the payment of money or the giving of property of whatsoever kind. (7) Accept such gifts, grants, conveyances, bequests, and devises, whether real or personal property, or both, in trust or otherwise, for the use or benefit of the university, its colleges, schools, departments, or agencies; and sell, lease or exchange, invest or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms of said gifts, grants, conveyances, bequests, and devises. The board shall adopt proper rules to govern and protect the receipt and expenditure of the proceeds of all fees, and the proceeds, rents, profits, and income of all gifts, grants, conveyances, bequests, and devises above-mentioned. (8) Except as otherwise provided by law, to enter into such contracts as the regents deem essential to university purposes. (9) To submit upon request such reports as will be helpful to the governor and to the legislature in providing for the institution. (10) 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. [2004 c 275 § 52; 1998 c 245 § 16; 1985 c 370 § 92; 1977 c 75 § 20; 1969 ex.s. c 223 § 28B.20.130. Prior: 1939 c 176 § 1, part; 1927 c 227 § 1, part; 1909 c 97 p 240 § 5, part; RRS § 4557, part; prior: 1895 c 101 § 2, part; 1893 c 122 § 10, part; 1890 pp 396, 397, 398 §§ 7, 9, 11. Formerly RCW 28.77.130, 28.77.140.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. 28B.20.134 Powers and duties of regents—Consent to sale of university granted lands. See RCW 79.11.010. 28B.20.134 28B.20.135 Powers and duties of regents—Employment of architects, engineers, for construction of buildings and facilities. The board shall have power to employ or contract for the services of skilled architects and engineers to prepare plans and specifications, and supervise the construction of university buildings and facilities and to fix the compensation for such employees or for such services. [1969 ex.s. c 223 § 28B.20.135. Prior: 1909 c 97 p 242 § 10; RRS § 4563. Formerly RCW 28.77.133.] 28B.20.135 28B.20.140 Powers and duties of regents—Contracts for erection of buildings or improvements. The board of regents shall enter into such contracts with one or more contractors for the erection and construction of university buildings or improvements thereto as in their judgment shall be deemed for the best interest of the university; such contract or contracts shall be let after public notice and under such regulations as shall be established by said board or as otherwise provided by law to the person or persons able to perform the same on the most advantageous terms: PROVIDED, That in all cases said board shall require from contractors a good and sufficient bond for the faithful performance of the work, and the full protection of the state against mechanics’ and other liens: AND PROVIDED FURTHER, That the board shall 28B.20.140 [Title 28B RCW—page 88] not have the power to enter into any contract for the erection of any buildings or improvements which shall bind said board to pay out any sum of money in excess of the amount provided for said purpose. [1969 ex.s. c 223 § 28B.20.140. Prior: 1909 c 97 p 242 § 9; RRS § 4562. Formerly RCW 28.77.137.] 28B.20.145 28B.20.145 Powers and duties of regents—Regents’ spending limited by income. The board of regents are hereby prohibited from creating any debt or in any manner encumbering the university beyond its capacity for payment thereof from the biennial income of the university for the then current biennium. [1969 ex.s. c 223 § 28B.20.145. Prior: 1890 p 399 § 20; RRS § 4566. Formerly RCW 28.77.170.] 28B.20.200 28B.20.200 Faculty—Composition—General powers. The faculty of the University of Washington shall consist of the president of the university and the professors and the said faculty shall have charge of the immediate government of the institution under such rules as may be prescribed by the board of regents. [1969 ex.s. c 223 § 28B.20.200. Prior: 1909 c 97 p 241 § 6; RRS § 4558; prior: 1897 c 118 § 187. Formerly RCW 28.77.120.] 28B.20.250 28B.20.250 Liability coverage of university personnel and students—Authorized—Scope. The board of regents of the University of Washington, subject to such conditions and limitations and to the extent it may prescribe, is authorized to provide by purchase of insurance, by self-insurance, or by any combination of arrangements, indemnification of regents, officers, employees, agents, and students from liability on any action, claim, or proceeding instituted against them arising out of the performance or failure of performance, of duties for or employment with the university, or of responsibilities imposed by approved programs of the university, and to hold such persons harmless from any expenses connected with the defense, settlement, or payment of monetary judgments from such action, claim, or proceeding. [1975-’76 2nd ex.s. c 12 § 1.] 28B.20.253 28B.20.253 Liability coverage of university personnel and students—Self-insurance revolving fund. (1) A self-insurance revolving fund in the custody of the university is hereby created to be used solely and exclusively by the board of regents of the University of Washington for the following purposes: (a) The payment of judgments against the university, its schools, colleges, departments, and hospitals and against its regents, officers, employees, agents, and students for whom the defense of an action, claim, or proceeding has been provided pursuant to RCW 28B.20.250. (b) The payment of claims against the university, its schools, colleges, departments, and hospitals and against its regents, officers, employees, agents, and students for whom the defense of an action, claim, or proceeding has been provided pursuant to RCW 28B.20.250: PROVIDED, That payment of claims in excess of twenty-five thousand dollars must be approved by the state attorney general. (2008 Ed.) University of Washington (c) For the cost of investigation, administration, and defense of actions, claims, or proceedings, and other purposes essential to its liability program. (2) Said self-insurance revolving fund shall consist of periodic payments by the University of Washington from any source available to it in such amounts as are deemed reasonably necessary to maintain the fund at levels adequate to provide for the anticipated cost of payments of incurred claims and other costs to be charged against the fund. (3) No money shall be paid from the self-insurance revolving fund unless first approved by the board of regents, and unless all proceeds available to the claimant from any valid and collectible liability insurance shall have been exhausted. [1997 c 288 § 1; 1991 sp.s. c 13 § 117; 1975-’76 2nd ex.s. c 12 § 2.] Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. 28B.20.255 Liability coverage of university personnel and students—As exclusive authority. RCW 28B.20.250 through 28B.20.255 constitutes the exclusive authority for the board of regents of the University of Washington to provide liability coverage for its regents, officers, employees, agents, and students, and further provides the means for defending and payment of all such actions, claims, or proceedings. RCW 28B.20.250 through 28B.20.255 shall govern notwithstanding the provisions of chapter 4.92 RCW and RCW 28B.10.842 and 28B.10.844. [1975-’76 2nd ex.s. c 12 § 3.] 28B.20.255 28B.20.277 Mathematics, engineering, and science achievement program—Establishment and administration through university. See RCW 28A.625.210. 28B.20.277 28B.20.279 High-technology education and training. See chapter 28B.65 RCW. 28B.20.279 28B.20.280 Masters and doctorate level degrees in technology authorized—Review by higher education coordinating board. The board of regents of the University of Washington may offer masters level and doctorate level degrees in technology subject to review and approval by the higher education coordinating board. [1985 c 370 § 82; 1983 1st ex.s. c 72 § 10.] 28B.20.280 Effective date—Short title—1983 1st ex.s. c 72: See RCW 28B.65.905 and 28B.65.900. 28B.20.283 Washington technology center—Findings. The legislature finds that the development and commercialization of new technology is a vital part of economic development. The legislature also finds that it is in the interests of the state of Washington to provide a mechanism to transfer and apply research and technology developed at the institutions of higher education to the private sector in order to create new products and technologies which provide job opportunities in advanced technology for the citizens of this state. It is the intent of the legislature that the University of Washington, the Washington State University, and the department of community, trade, and economic development 28B.20.283 (2008 Ed.) 28B.20.287 work cooperatively with the private sector in the development and implementation of a world class technology transfer program. [1995 c 399 § 25; 1992 c 142 § 1.] 28B.20.285 Washington technology center—Created—Purpose. A Washington technology center is created to be a collaborative effort between the state’s universities, private industry, and government. The technology center shall be headquartered at the University of Washington. The mission of the technology center shall be to perform and commercialize research on a statewide basis that benefits the intermediate and long-term economic vitality of the state of Washington, and to develop and strengthen university-industry relationships through the conduct of research that is primarily of interest to Washington-based companies or state economic development programs. The technology center shall: (1) Perform and/or facilitate research supportive of state science and technology objectives, particularly as they relate to state industries; (2) Provide leading edge collaborative research and technology transfer opportunities primarily to state industries; (3) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in research and industry interactions; (4) Emphasize and develop nonstate support of the technology center’s research activities; (5) Administer the investing in innovation grants program; (6) Through its northwest energy technology collaborative, carry out the activities required by RCW 28B.20.296; and (7) Provide a forum for effective interaction between the state’s technology-based industries and its academic research institutions through promotion of faculty collaboration with industry, particularly within the state. [2004 c 151 § 3; 2003 c 403 § 10; 1992 c 142 § 3; 1983 1st ex.s. c 72 § 11.] 28B.20.285 Intent—2003 c 403: See RCW 70.210.010. Effective date—Short title—1983 1st ex.s. c 72: See RCW 28B.65.905 and 28B.65.900. 28B.20.287 Washington technology center—Definitions. Unless the context clearly requires otherwise, the definitions in this section apply throughout RCW 28B.20.285 and 28B.20.289 through 28B.20.295. (1) "Technology center" means the Washington technology center, including the affiliated staff, faculty, facilities, and research centers operated by the technology center. (2) "Board" means the board of directors of the Washington technology center. (3) "High technology" or "technology" includes but is not limited to the modernization, miniaturization, integration, and computerization of electronic, hydraulic, pneumatic, laser, mechanical, robotics, nuclear, chemical, telecommunication, and other technological applications to enhance productivity in areas including but not limited to manufacturing, communications, medicine, bioengineering, renewable energy and energy efficiency, and commerce. [2004 c 151 § 4; 1992 c 142 § 2.] 28B.20.287 [Title 28B RCW—page 89] 28B.20.289 Title 28B RCW: Higher Education *Reviser’s note: The reference to "sections 3 through 8 of this act" has been translated to "RCW 28B.20.289 through 28B.20.295." A literal translation would have been "RCW 28B.20.285 through 28B.20.295 and 1992 c 142 § 8 (uncodified)." 28B.20.289 28B.20.289 Washington technology center—Administration—Board of directors. (1) The technology center shall be administered by the board of directors of the technology center. (2) The board shall consist of the following members: Fourteen members from among individuals who are associated with or employed by technology-based industries and have broad business experience and an understanding of high technology; eight members from the state’s universities with graduate science and engineering programs; the executive director of the Spokane Intercollegiate Research and Technology Institute or his or her designated representative; the provost of the University of Washington or his or her designated representative; the provost of the Washington State University or his or her designated representative; and the director of the department of community, trade, and economic development or his or her designated representative. The term of office for each board member, excluding the executive director of the Spokane Intercollegiate Research and Technology Institute, the provost of the University of Washington, the provost of the Washington State University, and the director of the department of community, trade, and economic development, shall be three years. The executive director of the technology center shall be an ex officio, nonvoting member of the board. The board shall meet at least quarterly. Board members shall be appointed by the governor based on the recommendations of the existing board of the technology center, and the research universities. The governor shall stagger the terms of the first group of appointees to ensure the long term continuity of the board. (3) The duties of the board include: (a) Developing the general operating policies for the technology center; (b) Appointing the executive director of the technology center; (c) Approving the annual operating budget of the technology center; (d) Establishing priorities for the selection and funding of research projects that guarantee the greatest potential return on the state’s investment; (e) Approving and allocating funding for research projects conducted by the technology center, based on the recommendations of the advisory committees for each of the research centers; (f) In cooperation with the department of community, trade, and economic development, developing a biennial work plan and five-year strategic plan for the technology center that are consistent with the statewide technology development and commercialization goals; (g) Coordinating with the University of Washington, Washington State University, and other participating institutions of higher education in the development of training, research, and development programs to be conducted at the technology center that shall be targeted to meet industrial needs; [Title 28B RCW—page 90] (h) Assisting the department of community, trade, and economic development in the department’s efforts to develop state science and technology public policies and coordinate publicly funded programs; (i) Performing the duties required under chapter 70.210 RCW relating to the investing in innovation grants program; (j) Reviewing annual progress reports on funded research projects that are prepared by the advisory committees for each of the research centers; (k) Providing an annual report to the governor and the legislature detailing the activities and performance of the technology center; and (l) Submitting annually to the department of community, trade, and economic development an updated strategic plan and a statement of performance measured against the mission, roles, and contractual obligations of the technology center. [2003 c 403 § 11; 1995 c 399 § 26; 1992 c 142 § 4.] Intent—2003 c 403: See RCW 70.210.010. 28B.20.291 Washington technology center—Support from participating institutions. The University of Washington, Washington State University, and other participating institutions of higher education shall provide the affiliated staff, faculty, and facilities required to support the operation of the technology center. [1992 c 142 § 5.] 28B.20.291 28B.20.293 Washington technology center—Role of department of community, trade, and economic development. The department of community, trade, and economic development shall contract with the University of Washington for the expenditure of state-appropriated funds for the operation of the Washington technology center. The department of community, trade, and economic development shall provide guidance to the technology center regarding expenditure of state-appropriated funds and the development of the center’s strategic plan. The director of the department of community, trade, and economic development shall not withhold funds appropriated for the technology center if the technology center complies with the provisions of its contract with the department of community, trade, and economic development. The department shall be responsible to the legislature for the contractual performance of the center. [1995 c 399 § 27; 1992 c 142 § 6.] 28B.20.293 28B.20.295 Washington technology center—Availability of facilities to other institutions. The facilities of the technology center shall be made available to other institutions of higher education within the state when this would benefit specific program needs. [1992 c 142 § 7.] 28B.20.295 28B.20.296 Washington technology center—Renewable energy and energy efficiency business development—Strategic plan. (1) The Washington technology center, through its northwest energy technology collaborative, shall provide a forum for public and private collaborative initiatives to promote renewable energy and energy efficiency sectors in Washington state and the Pacific Northwest. The center shall seek to integrate the initiatives of the northwest energy technology collaborative into existing state programs and initiatives, including grant programs administered by the 28B.20.296 (2008 Ed.) University of Washington center, and energy efficiency business development projects and energy assistance programs of the department of community, trade, and economic development. (2) The center, through its northwest energy technology collaborative, shall develop and implement a strategic plan for public and private collaboration in renewable energy and energy efficiency business development. The center, together with the department, shall prepare an initial draft of a statewide strategic plan and circulate it widely among businesses and individuals in these sectors for review and comment. The center shall also organize a summit of public and private sector interests to further developments of the proposed strategic plan. The plan shall address, among other things, the role that public sector policies, programs, and expenditures may play in promoting these economic sectors, including subjects such as workforce development, education, tax incentives, economic development assistance, public sector energy purchases, public sector construction standards, transportation, and land use regulation and zoning. The strategic plan shall include recommendations for legislative and administrative policy changes and for legislative appropriations. The plan shall also recommend proposals for capital and operating investments in public higher education facilities, proposals for creating and strengthening public and private partnerships, and proposals for federal financial assistance and expenditures for research and development programs in Washington state. The finalized strategic plan shall be provided to the governor and to the appropriate committees of the senate and house of representatives by January 1, 2005. (3) The strategic plan required by subsection (2) of this section may be incorporated into the center’s five-year strategic plan required by RCW 28B.20.289(3)(f). [2004 c 151 § 2.] 28B.20.297 Washington technology center—Small business innovation research assistance program. (1) The legislature finds that small technology-based firms are the source of approximately one-half of the economy’s major innovations and that it is in the interest of the state to increase participation by Washington state small businesses in the federal small business innovation research program by assisting them in becoming small business innovation research program grant recipients. The legislature further finds that many small business innovators lack the grant-writing skills necessary to prepare a successful small business innovation research program proposal, and the federal program that funded grant-writing assistance has stopped operations. Nearly fifty percent of small businesses trained under the federal program won grants compared to less than ten percent of those that did not receive training. (2) As used in this section: (a) "Small business innovation research program" means the program, enacted pursuant to the small business innovation development act of 1982, P.L. 97-219, that provided funds to small businesses to conduct innovative research having commercial application. (b) "Small business" means a corporation, partnership, sole proprietorship, or individual, operating a business for profit, with two hundred fifty employees or fewer, including 28B.20.297 (2008 Ed.) 28B.20.298 employees employed in a subsidiary or affiliated corporation, that otherwise meets the requirements of the federal small business innovation research program. (3) The Washington technology center shall establish a small business innovation research assistance program, including a proposal review process, to train and assist Washington small businesses to win phase I small business innovation research program awards. (a) The Washington technology center shall give priority to first-time small business innovation research program applicants, new businesses, and firms with fewer than ten employees. (b) The Washington technology center may charge a fee for this service. [2005 c 357 § 1.] 28B.20.298 Clean energy research, development, manufacturing, and marketing—Findings—Policy. (1) The legislature finds that Washington state currently derives many benefits from its renewable energy and energy efficiency sectors. These sectors are an important source of employment and income for a significant number of Washington residents, currently generating close to one billion dollars in annual revenue and employing over three thousand eight hundred people. Equally important, energy efficiency and renewable energy businesses add to the region’s quality of life by employing technologies that can reduce some of the harmful effects of the reliance on fossil fuels. Washington state possesses all the necessary elements to do much more to develop these sectors and to become a national leader in the research, development, manufacturing, and marketing of clean energy technologies and services. The state’s workforce is highly educated; the state’s higher education institutions are supportive of clean energy research and cooperate closely with the private sector in developing and deploying new energy technologies; there are numerous enterprises already located in the state that are engaged in clean energy research and development; and the state’s citizens, utilities, and governmental sectors at all levels are committed to diversifying the state’s energy sources and increasing energy efficiency. (2) It is therefore declared to be the policy of the state that its public agencies and institutions of higher learning maximize their efforts collectively and cooperatively with the private sector to establish the state as a leader in clean energy research, development, manufacturing, and marketing. To this end, all state agencies are directed to employ their existing authorities and responsibilities to: (a) Work with local organizations and energy companies to facilitate the development and implementation of workable renewable energy and energy efficiency projects; (b) Actively promote policies that support energy efficiency and renewable energy development; (c) Encourage utilities and customer groups to invest in new renewables and products and services that promote energy efficiency; and (d) Assist in the development of stronger markets for renewables and products and services that promote energy efficiency. (3) For the purposes of this section and RCW 28B.20.296 and for RCW 28B.20.285 and 28B.20.287, energy efficiency shall include the application of digital tech28B.20.298 [Title 28B RCW—page 91] 28B.20.300 Title 28B RCW: Higher Education nologies to the generation, delivery, and use of power. [2004 c 151 § 1.] 28B.20.300 Schools of medicine, dentistry, and related health services—Authorization. The board of regents of the University of Washington is hereby authorized and directed forthwith to establish, operate and maintain schools of medicine, dentistry, and related health sciences at the university. [1969 ex.s. c 223 § 28B.20.300. Prior: 1945 c 15 § 1; Rem. Supp. 1945 § 4566-5. Formerly RCW 28.77.200.] 28B.20.300 Autopsy of deceased infant under three years, delivery of body to University of Washington medical school for purposes of, costs: RCW 68.50.100, 68.50.104. Requisites for accreditation and approval of medical schools: RCW 18.71.055. 28B.20.305 Schools of medicine, dentistry, and related health services—Purpose. The aim and purpose of the schools of medicine, dentistry and related health sciences shall be to provide for students of both sexes, on equal terms, all and every type of instruction in the various branches of medicine, dentistry, and related health sciences and to grant such degrees as are commonly granted by similar institutions. [1969 ex.s. c 223 § 28B.20.305. Prior: 1945 c 15 § 2; Rem. Supp. 1945 § 4566-6. Formerly RCW 28.77.210.] 28B.20.305 28B.20.315 Drug testing laboratory—Service— Employees as expert witnesses, traveling expenses and per diem. The University of Washington is authorized and directed to arrange for a drug testing laboratory. The laboratory shall offer a testing service for law enforcement officers for the identification of known or suspected dangerous and narcotic drugs. Employees of the laboratory are authorized to appear as expert witnesses in criminal trials held within the state: PROVIDED, That the traveling expenses and per diem of such employees shall be borne by the party for the benefit of whom the testimony of such employees is requested. [1969 ex.s. c 266 § 1. Formerly RCW 28.77.215.] 28B.20.315 28B.20.320 Marine biological preserve—Established and described—Unlawful gathering of marine biological materials—Penalty. (1) There is hereby created an area of preserve of marine biological materials useful for scientific purposes, except when gathered for human food, and except, also, the plant nereocystis, commonly called "kelp." Such area of preserve shall consist of the salt waters and the beds and shores of the islands constituting San Juan county and of Cypress Island in Skagit county. (2) No person shall gather such marine biological materials from the area of preserve, except upon permission first granted by the director of the Friday Harbor Laboratories of the University of Washington. (3) A person gathering such marine biological materials contrary to the terms of this section is guilty of a misdemeanor. [2003 c 53 § 174; 1969 ex.s. c 223 § 28B.20.320. Prior: 1923 c 74 § 1; RRS § 8436-1. Formerly RCW 28.77.230.] 28B.20.320 Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. [Title 28B RCW—page 92] 28B.20.328 Lease of lands with outdoor recreation potential—Restrictions—Unlawful to use posted lands. (1) Any lease of public lands with outdoor recreation potential authorized by the regents of the University of Washington shall be open and available to the public for compatible recreational use unless the regents of the University of Washington determine that the leased land should be closed in order to prevent damage to crops or other land cover, to improvements on the land, to the lessee, or to the general public or is necessary to avoid undue interference with carrying forward a university program. Any lessee may file an application with the regents of the University of Washington to close the leased land to any public use. The regents shall cause a written notice of the impending closure to be posted in a conspicuous place in the university’s business office and in the office of the county auditor in which the land is located thirty days prior to the public hearing. This notice shall state the parcel or parcels involved and shall indicate the time and place of the public hearing. Upon a determination by the regents that posting is not necessary, the lessee shall desist from posting. Upon a determination by the regents that posting is necessary, the lessee shall post his leased premises so as to prohibit recreational uses thereon. In the event any such lands are so posted, it shall be unlawful for any person to hunt or fish, or for any person other than the lessee or his immediate family to use any such posted lands for recreational purposes. (2) The regents of the University of Washington may insert the provisions of subsection (1) of this section in all leases hereafter issued. [1969 ex.s. c 46 § 3. Formerly RCW 28.77.235.] 28B.20.328 28B.20.330 Rights-of-way to railroads and streetcar railways—Conditions. Any railroad company now having in operation a line of railroad, or branches, sidings, or spurs thereof, upon any property in this state in use by the University of Washington for university purposes, or as a part of the grounds set aside or devoted to university purposes, may have such right-of-way confirmed to it, its successors and assigns, upon the following terms and conditions: Such railroad company shall file with the board of regents of said university a plat showing the right-of-way desired, and shall file a duplicate thereof with the commissioner of public lands; and any railroad company or streetcar company desiring hereafter to construct a railroad or streetcar line, or extensions thereof, with branches, sidings, or spurs, upon any property in this state in use by the University of Washington for university purposes, or as a part of the ground set aside or devoted to university purposes, may have such right-of-way confirmed to it, its successors and assigns, upon the following terms and conditions: Such railroad company or streetcar company shall file with the board of regents of said university a plat showing the right-of-way desired, and shall file a duplicate thereof with the commissioner of public lands. [1969 ex.s. c 223 § 28B.20.330. Prior: 1909 c 248 § 1; RRS § 8095. Formerly RCW 28.77.240.] 28B.20.330 28B.20.332 Rights-of-way to railroads and streetcar railways—Regents to make agreement. The board of regents of said University of Washington are authorized, upon the filing of such plat with it, to agree in writing with 28B.20.332 (2008 Ed.) University of Washington any such railroad company or streetcar company, upon the boundaries and the extent of such right-of-way, the manner in which the same shall be maintained and fenced and occupied, and prescribe the number, character, and maintenance of crossings, cross-overs, and subways, and as to what sum said railroad company or streetcar company shall pay for the right-of-way granted. [1969 ex.s. c 223 § 28B.20.332. Prior: 1909 c 248 § 2; RRS § 8096. Formerly RCW 28.77.250.] 28B.20.334 Rights-of-way to railroads and streetcar railways—Form of deed—Certified copy filed. If such agreement is entered into, said board of regents shall transmit a certified copy thereof to the commissioner of public lands, who shall, after the full amount of money provided in such agreement shall be paid by said railroad company or streetcar company to the state treasurer, issue to such railroad company or streetcar company, in the name of the state of Washington, a deed for the right-of-way described in such agreement, which said deed shall recite and be subject to all the terms and conditions of such agreement, and certified copies of said deed shall be filed, one in the office of the commissioner of public lands, and the other with the secretary of said board of regents. [1969 ex.s. c 223 § 28B.20.334. Prior: 1909 c 248 § 3; RRS § 8097. Formerly RCW 28.77.260.] 28B.20.334 28B.20.336 Rights-of-way to railroads and streetcar railways—Deed conveys conditional easement. The conveyance herein provided for shall not be deemed to convey the fee to the land described, but an easement only thereover and for railroad or streetcar purposes only, and when the right-of-way granted as aforesaid shall not be used for the purposes for which it was granted, then and thereupon the easement right shall immediately become void. [1969 ex.s. c 223 § 28B.20.336. Prior: 1909 c 248 § 4; RRS § 8098. Formerly RCW 28.77.270.] 28B.20.336 28B.20.340 University site dedicated for street and boulevard purposes—Description. There is hereby dedicated to the public for street and boulevard purposes the following described lands situated in section 16, township 25 north, range 4 east, W.M., and blocks 7 and 8 of Lake Washington shore lands, to wit: Beginning at the one-quarter (1/4) corner on the north line of said section sixteen (16); thence east along the north line thereof, a distance of three hundred forty-nine and thirty-four one-hundredths (349.34) feet; thence south at right angles to the said north line, a distance of thirty-five feet to the point of beginning of this description; thence south eighty-nine degrees fifty-seven minutes and forty-three seconds (89°57’43") east a distance of six hundred seventy-three and seventeen one-hundredths (673.17) feet; thence southwesterly along the arc of a curve to the left, having a uniform radius of one thousand (1,000) feet, said curve being tangent to the last above described line, a distance of one thousand three hundred seventy-three and six one-hundredths (1,373.06) feet to a point of tangency; thence south eleven degrees twenty-two minutes and two seconds (11°22’02") west, a distance of five hundred fifty-six and twenty-two one-hundredths (556.22) feet to a point of tangency on the easterly margin of Montlake Boulevard as laid off and established by Ordinance No. 26332; thence along 28B.20.340 (2008 Ed.) 28B.20.340 said easterly margin northerly along the arc of a curve to the left, having a uniform radius of four hundred sixty (460) feet, a distance of one hundred forty-three and forty-one one-hundredths (143.41) feet to a point of a reverse curve; thence northerly along the arc of a curve to the right having a uniform radius of four hundred sixty (460) feet, a distance of one hundred twenty and ninety-four one-hundredths (120.94) feet to a point of reverse curve; thence northerly along the arc of a curve to the left, having a uniform radius of two thousand nine hundred seventy-four and ninety-three one-hundredths (2,974.93) feet, a distance of two hundred eighty-four (284) feet; thence departing from said easterly margin north eleven degrees twenty-two minutes and two seconds (11°22’02") east, a distance of fourteen and seventy-four one-hundredths (14.74) feet to the beginning of a curve to the right, having a uniform radius of one thousand seventy (1,070) feet; thence northeasterly along the arc of said curve, a distance of seven hundred ninety-six and thirty-three one-hundredths (796.33) feet to a point of reverse curve; thence northeasterly, northerly and northwesterly along the arc of a curve to the left, having a uniform radius of seventy-four and forty-six onehundredths (74.46) feet, a distance of one hundred eightyseven and ten one-hundredths (187.10) feet to the point of beginning. Also the following described lands, to wit: Beginning at a point on the east line of said section, said point being distant nine hundred eighty-nine and sixty one-hundredths (989.60) feet south from the northeast corner of said section; thence south along said east line a distance of four hundred seventynine and fifty-three one-hundredths (479.53) feet to a point on the government meander line along the shore of Lake Washington; thence along said meander line south seventyeight degrees thirteen minutes thirty-three seconds (78°13’33") west, a distance of sixty-six and fifty one-hundredths (66.50) feet; thence north twenty-nine degrees fortysix minutes twenty-seven seconds (29°46’27") west, a distance of one hundred sixty-six and ninety-two one-hundredths (166.92) feet; thence departing from said meander line north no degrees fifty-three minutes seven seconds (0°53’07") east, a distance of three hundred fifty-four and sixty-three one-hundredths (354.63) feet; thence northwesterly along the arc of a curve to the right having a uniform radius of one hundred eighty-five (185) feet, a distance of twenty-two and two one-hundredths (22.02) feet to a point of tangency on a line which bears north twenty-nine degrees six minutes fifty-three seconds (29°06’53") west; thence northwesterly along said line, a distance of nine hundred eighteen and sixty-five one-hundredths (918.65) feet to the beginning of a curve to the left, having a uniform radius of two hundred fifty (250) feet; thence northwesterly along the arc of said curve, a distance of two hundred sixty-five and fifty one-hundredths (265.50) feet to a point of tangency on the south margin of East Forty-fifth Street; thence east along said south margin, a distance of three hundred twenty-nine and fourteen one-hundredths (329.14) feet to a point which is distant five hundred ten and seventy-nine one-hundredths (510.79) feet west from the east line of said section sixteen (16); thence southwesterly, southerly and southeasterly along the arc of a curve to the left having a uniform radius of sixty (60) feet a distance of one hundred twenty-four and seventy-eight onehundredths (124.78) feet to a point of tangency; thence south [Title 28B RCW—page 93] 28B.20.342 Title 28B RCW: Higher Education twenty-nine degrees six minutes fifty-three seconds (29°06’53") east, a distance of nine hundred twenty-four and twenty-four one-hundredths (924.24) feet to the beginning of a curve to the left having a uniform radius of one hundred fifteen (115) feet; thence southeasterly along the arc of said curve, a distance of one hundred twenty and fifty-one onehundredths (120.51) feet to the point of beginning. [1969 ex.s. c 223 § 28B.20.340. Prior: 1913 c 24 § 1. Formerly RCW 28.77.280.] 28B.20.342 University site dedicated for street and boulevard purposes—Local assessments barred against site. No assessments for the opening, improvement or maintenance of any public street upon the tracts of land described in RCW 28B.20.340 shall ever be levied, assessed or collected upon any portion of section 16, township 25 north, range 4 east, W.M., or upon any portion of blocks 7 and 8 Lake Washington shorelands. [1969 ex.s. c 223 § 28B.20.342. Prior: 1913 c 24 § 2. Formerly RCW 28.77.290.] 28B.20.342 A rectangular tract of land one hundred twenty (120) feet in north-south width, and four hundred (400) feet in east-west length, with the north boundary coincident with the north boundary of the old canal right-of-way, and the west boundary on the southerly extension of the west line of Lot eleven (11), Block four (4), Montlake Park, according to the recorded plat thereof, approximately five hundred sixty (560) feet east of the east line of Montlake Boulevard. (2) The board of regents is authorized to convey to the city of Seattle free of all restrictions or limitations, or to incorporate in the conveyance to the city of Seattle such provisions for reverter of said land to the university as the board deems appropriate. Should any portion of the land so conveyed to the city of Seattle again vest in the university by reason of the operation of any provisions incorporated by the board in the conveyance to the city of Seattle, the University of Washington shall hold such reverted portion subject to the reverter provisions of RCW 28B.20.356. [1969 ex.s. c 223 § 28B.20.354. Prior: 1947 c 45 § 3. Formerly RCW 28.77.320.] 28B.20.356 1947 conveyance for arboretum and botanical garden purposes—Reversion for unauthorized use—Reconveyance for highway purposes. In case the University of Washington should attempt to use or permit the use of such shorelands or any portion thereof for any other purpose than for arboretum and botanical garden purposes, except as provided in RCW 28B.20.354, the same shall forthwith revert to the state of Washington without suit, action or any proceedings whatsoever or the judgment of any court forfeiting the same: PROVIDED, That the board of regents of the University of Washington is hereby authorized and directed to reconvey to the state of Washington block elevenA (11-A) of the supplemental map of Lake Washington shorelands, filed September 5, 1916 in the office of the commissioner of public lands, or such portion thereof as may be required by the state of Washington or any agency thereof for state highway purposes. The state of Washington or any agency thereof requiring said land shall pay to the University of Washington the fair market value thereof and such moneys paid shall be used solely for arboretum purposes. Such reconveyance shall be made at such time as the state or such agency has agreed to pay the same. [1969 ex.s. c 223 § 28B.20.356. Prior: 1959 c 164 § 2; 1947 c 45 § 4; No RRS. Formerly RCW 28.77.330.] 28B.20.356 28B.20.344 University site dedicated for street and boulevard purposes—Eminent domain may not be exercised against site. The power of eminent domain of any municipal or other corporation whatever is hereby declared not to extend to any portion of said section 16, township 25 north, range 4 east, W.M., and blocks 7 and 8 of Lake Washington shorelands. [1969 ex.s. c 223 § 28B.20.344. Prior: 1913 c 24 § 3. Formerly RCW 28.77.300.] 28B.20.344 28B.20.350 1947 conveyance for arboretum and botanical garden purposes—Description. There is hereby granted to the University of Washington the following described land, to wit: Lots two (2) and three (3), Block eleven-A (11-A) of the supplemental map of Lake Washington shorelands, filed September 5, 1916 in the office of the commissioner of public lands, to be used for arboretum and botanical garden purposes and for no other purposes, except as provided in RCW 28B.20.354. [1969 ex.s. c 223 § 28B.20.350. Prior: 1947 c 45 § 1. Formerly RCW 28.77.310.] 28B.20.350 28B.20.352 1947 conveyance for arboretum and botanical garden purposes—Deed of conveyance. The commissioner of public lands is hereby authorized and directed to certify the lands described in RCW 28B.20.350 to the governor, and the governor is hereby authorized and directed to execute, and the secretary of state to attest, a deed of said shorelands to the university. [1969 ex.s. c 223 § 28B.20.352. Prior: 1947 c 45 § 2. Formerly RCW 28.77.315.] 28B.20.352 28B.20.354 1947 conveyance for arboretum and botanical garden purposes—Part may be conveyed by regents to city of Seattle. (1) The board of regents of the University of Washington is hereby authorized to convey to the city of Seattle that portion of said lot three (3) of the shorelands described in RCW 28B.20.350 which is within the following described tract, to wit: 28B.20.354 [Title 28B RCW—page 94] 28B.20.360 1939 conveyance of shorelands to university—Description. The commissioner of public lands of the state of Washington is hereby authorized and directed to certify in the manner now provided by law to the governor for deeding to the University of Washington all of the following described Lake Washington shorelands, to wit: Blocks sixteen (16) and seventeen (17), Lake Washington Shorelands, as shown on the map of said shorelands on file in the office of the commissioner of public lands. [1969 ex.s. c 223 § 28B.20.360. Prior: 1939 c 60 § 1; No RRS. Formerly RCW 28.77.333.] 28B.20.360 28B.20.362 1939 conveyance of shorelands to university—Deed of conveyance. The governor is hereby autho28B.20.362 (2008 Ed.) University of Washington rized and directed to execute, and the secretary of state to attest, a deed conveying to the University of Washington all of said shorelands. [1969 ex.s. c 223 § 28B.20.362. Prior: 1939 c 60 § 2; No RRS. Formerly RCW 28.77.335.] 28B.20.364 1939 conveyance of shorelands to university—Grant for arboretum and botanical garden purposes—Reversion for unauthorized use—Reconveyance for highway purposes. All of the shorelands described in RCW 28B.20.360 are hereby granted to the University of Washington to be used for arboretum and botanical garden purposes and for no other purposes. In case the said University of Washington should attempt to use or permit the use of said shorelands or any portion thereof for any other purpose, the same shall forthwith revert to the state of Washington without suit, action or any proceedings whatsoever or the judgment of any court forfeiting the same: PROVIDED, That the board of regents of the University of Washington is hereby authorized and directed to reconvey to the state of Washington blocks 16 and 17 of Lake Washington shorelands, or such portions thereof as may be required by the state of Washington or any agency thereof for state highway purposes. The state of Washington or any agency thereof requiring said land shall pay to the University of Washington the fair market value thereof and such moneys paid shall be used solely for arboretum purposes. Such reconveyance shall be made at such time as the state or such agency has agreed to pay the same. [1969 ex.s. c 223 § 28B.20.364. Prior: 1959 c 164 § 1; 1939 c 60 § 3; No RRS. Formerly RCW 28.77.337.] 28B.20.364 28B.20.370 Transfer of certain Lake Union shorelands to university. Block 18-A, Second Supplemental Maps of Lake Union Shore Lands, as shown on the official maps thereof on file in the office of the commissioner of public lands, is hereby transferred to the University of Washington and shall be held and used for university purposes only. [1969 ex.s. c 223 § 28B.20.370. Prior: 1963 c 71 § 1. Formerly RCW 28.77.339.] 28B.20.370 28B.20.381 "University tract" defined. For the purposes of this chapter, "university tract" means the tract of land in the city of Seattle, consisting of approximately ten acres, originally known as the "old university grounds," and more recently referred to as the "metropolitan tract," together with all buildings, improvements, facilities, and appurtenances thereon. [1999 c 346 § 2.] 28B.20.381 Purpose—Construction—1999 c 346: "The purpose of this act is to consolidate the statutes authorizing the board of regents of the University of Washington to control the property of the university. Nothing in this act may be construed to diminish in any way the powers of the board of regents to control its property including, but not limited to, the powers now or previously set forth in RCW *28B.20.392 through 28B.20.398." [1999 c 346 § 1.] *Reviser’s note: RCW 28B.20.392 was repealed by 1999 c 346 § 8. Effective date—1999 c 346: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 17, 1999]." [1999 c 346 § 9.] 28B.20.382 University tract—Conditions for sale, lease, or lease renewal—Inspection of records—Deposit of proceeds—University of Washington facilities bond retirement account. (1) Until authorized by statute of the 28B.20.382 (2008 Ed.) 28B.20.394 legislature, the board of regents of the university, with respect to the university tract, shall not sell the land or any part thereof or any improvement thereon, or lease the land or any part thereof or any improvement thereon or renew or extend any lease thereof for a term of more than eighty years. Any sale of the land or any part thereof or any improvement thereon, or any lease or renewal or extension of any lease of the land or any part thereof or any improvement thereon for a term of more than eighty years made or attempted to be made by the board of regents shall be null and void until the same has been approved or ratified and confirmed by legislative act. (2) The board of regents shall have power from time to time to lease the land, or any part thereof or any improvement thereon for a term of not more than eighty years. Any and all records, books, accounts, and agreements of any lessee or sublessee under this section, pertaining to compliance with the terms and conditions of such lease or sublease, shall be open to inspection by the board of regents, the ways and means committee of the senate, the appropriations committee of the house of representatives, and the joint legislative audit and review committee or any successor committees. It is not intended that unrelated records, books, accounts, and agreements of lessees, sublessees, or related companies be open to such inspection. The board of regents shall make a full, detailed report of all leases and transactions pertaining to the land or any part thereof or any improvement thereon to the joint legislative audit and review committee, including one copy to the staff of the committee, during odd-numbered years. (3) The net proceeds from the sale or lease of land in the university tract, or any part thereof or any improvement thereon, shall be deposited into the University of Washington facilities bond retirement account hereby established outside the state treasury as a nonappropriated local fund to be used exclusively for the purpose of erecting, altering, maintaining, equipping, or furnishing buildings at the University of Washington. The board of regents shall transfer from the University of Washington facilities bond retirement account to the University of Washington building account under RCW 43.79.080 any funds in excess of amounts reasonably necessary for payment of debt service in combination with other nonappropriated local funds related to capital projects for which debt service is required under section 4, chapter 380, Laws of 1999. [1999 c 346 § 3; 1998 c 245 § 17; 1996 c 288 § 27; 1987 c 505 § 13; 1980 c 87 § 10; 1977 ex.s. c 365 § 1; 1974 ex.s. c 174 § 1.] Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381. 28B.20.394 University tract—Powers of regents— Agreements to pay for governmental services. In addition to the powers conferred upon the board of regents of the University of Washington by RCW 28B.20.395, the board of regents is authorized and shall have the power to enter into an agreement or agreements with the city of Seattle and the county of King, Washington, to pay to the city and the county such sums as shall be mutually agreed upon for governmental services rendered to the university tract, which sums shall not exceed the amounts that would be received pursuant to limitations imposed by RCW 84.52.043 by the city of Seattle and 28B.20.394 [Title 28B RCW—page 95] 28B.20.395 Title 28B RCW: Higher Education county of King respectively from real and personal property taxes paid on the university tract or any leaseholds thereon if such taxes could lawfully be levied. [1999 c 346 § 4; 1973 1st ex.s. c 195 § 10; 1972 ex.s. c 107 § 1; 1969 ex.s. c 223 § 28B.20.394. See also 1973 1st ex.s. c 195 § 140. Prior: 1955 c 229 § 1. Formerly RCW 28.77.361.] Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381. Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043. 28B.20.395 University tract—Powers of regents, generally. In addition to the powers conferred under the original deeds of conveyance to the state of Washington and under existing law, and subject to RCW 28B.20.382, the board of regents has full control of the university tract as provided in this chapter including, but not limited to: (1) With regard to the whole or portions of the land, the authority to manage, to improve, to alter, to operate, to lease, to contract indebtedness, to borrow funds, to issue bonds, notes, and warrants, to provide for the amortization of and to pay the bonds, notes, warrants, and other evidences of indebtedness, at or prior to maturity, to use and pledge the income derived from operating, managing, and leasing the university tract for such purpose, and to otherwise own, operate, and control the university tract to the same extent as any other property of the university; (2) With regard to the whole or portions of any building or buildings or other improvements thereon or appurtenances thereto, the authority to sell, subject to the terms of any underlying lease on the land, to manage, to improve, to alter, to operate, to lease, to grant a deed of trust or a mortgage lien, to contract indebtedness, to borrow funds, to issue bonds, notes, and warrants, to provide for the amortization thereof and to pay the bonds, notes, warrants, and other evidences of indebtedness, at or prior to maturity, to use and pledge the income derived from operating, managing, and leasing the university tract for such purpose, and to otherwise own, operate, and control the university tract to the same extent as any other property of the university consistent with the purpose of the donors of the metropolitan tract. [1999 c 346 § 5.] 28B.20.395 Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381. 28B.20.396 University tract—Bonding authority. Bonds issued pursuant to the authority granted under RCW 28B.20.395: (1) Shall not constitute (a) an obligation, either general or special, of the state or (b) a general obligation of the University of Washington or of the board of regents; (2) Shall be: (a) Either in bearer form or in registered form as provided in RCW 39.46.030, and (b) Issued in denominations of not less than one hundred dollars; (3) Shall state: (a) The date of issue, and (b) The series of the issue and be consecutively numbered within the series, and (c) That the bond is payable only out of a special fund established for the purpose, and designate the fund; 28B.20.396 [Title 28B RCW—page 96] (4) Shall bear interest, payable either annually, or semiannually as the board of regents may determine; (5) Shall be payable solely out of: (a) Revenue derived from operating, managing and leasing the university tract, and (b) A special fund, created by the board of regents for the purpose, consisting either of (i) a fixed proportion, or (ii) a fixed amount out of and not exceeding a fixed proportion, or (iii) a fixed amount without regard to any fixed proportion, of the revenue so derived; (6) May contain covenants by the board of regents in conformity with the provisions of RCW 28B.20.398(2); (7) Shall be payable at such times over a period of not to exceed thirty years, in such manner and at such place or places as the board of regents determines; (8) Shall be executed in such manner as the board of regents by resolution determines; (9) Shall be sold in such manner as the board of regents deems for the best interest of the University of Washington; (10) May be issued under chapter 39.46 RCW. [1999 c 346 § 6; 1983 c 167 § 33; 1970 ex.s. c 56 § 25; 1969 ex.s. c 232 § 99; 1969 ex.s. c 223 § 28B.20.396. Prior: 1947 c 284 § 3; Rem. Supp. 1947 § 4566-13. Formerly RCW 28.77.370.] Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 28B.20.398 University tract—Powers of regents— Bond issuance—Covenants—Redemption—Action for compliance. (1) Any resolution of the board of regents pursuant to the provisions of RCW 28B.20.395 shall provide for the creation of a special fund, in conformity with the provisions of RCW 28B.20.396(5)(b). (2) Any resolution authorizing the issuance of bonds pursuant to the provisions of RCW 28B.20.395, 28B.20.396, and 28B.20.398 may contain covenants of the board of regents to protect and safeguard the security and rights of the owners of any such bonds such as are then customary in connection with similar bonds and considered advisable in order to assure the maximum marketability for said bonds. Without limiting the generality of the foregoing, any such resolution may contain covenants as to: (a) The creation of a special fund into which the proceeds of all bonds issued pursuant to the provisions of such resolution shall be deposited, the terms and conditions upon which payments may be made from such special fund, and for the payment of interest on bonds issued pursuant to such resolution from the moneys in said fund; (b) Maintaining rental and leasehold rates and other charges at a level sufficient at all times to provide revenue (i) to pay the interest on and principal of all bonds and other obligations payable from said revenue, (ii) to make all other payments from said revenues required under the provisions of any resolution adopted in connection with the issuance of warrants or bonds under RCW 28B.20.395, 28B.20.396, and 28B.20.398 and (iii) to pay the operating, management, maintenance, repair and upkeep costs of the university tract; 28B.20.398 (2008 Ed.) University of Washington (c) Collection, deposit, custody and disbursement of the revenues from the university tract or any portions thereof including (i) a specification of the depositaries to be designated, and (ii) authorization of such depositaries, or other banks or trust companies, to act as fiscal agent of the board of regents for the custody of the proceeds of bonds and the moneys held in any funds created pursuant to RCW 28B.20.395, 28B.20.396, and 28B.20.398, or any resolution authorizing such bonds, and to represent bond owners in the event of a default on such bonds or in the event of a default in the performance of any duty or obligation of the board of regents in connection therewith, with such power and duty as such resolution may provide; (d) Creation and administration of reserve and other funds for the payment, at or prior to maturity, of any indebtedness chargeable against the revenues from the university tract and for creation of working funds, depreciation funds, replacement funds, reserves for extraordinary repairs and any other fund deemed necessary or desirable to insure the continued profitable operation of the said university tract; (e) Deposit of collateral security or indemnity bonds to secure the proceeds (i) of bonds issued pursuant to the provisions of such resolution and (ii) of all revenues which are pledged to secure the repayment of bonds issued pursuant to the provisions of such resolution and (iii) of all moneys deposited in any special fund created under the authority of RCW 28B.20.395, 28B.20.396, and 28B.20.398 or any covenant thereunder; (f) The obligation of the board of regents to maintain the building or buildings in good condition and to operate and manage the same in an economical and efficient manner; (g) The amount and kind of insurance to be carried by the board of regents in connection with the building or buildings, the companies in which such insurance shall be carried, the term thereof, the application of the proceeds of any such insurance, and adjustments of losses under any such policy of insurance; (h) Limitations upon the amount of additional bonds, warrants and other obligations payable out of the revenues from the building or buildings which may be thereafter issued and the terms and conditions upon which such additional bonds, warrants or other obligations may be issued; (i) Limitations upon the creation of additional liens or encumbrances on the building or buildings or the personal property used in connection therewith; (j) The terms and conditions upon which the building or buildings, or any part thereof, may be sold, mortgaged, leased or otherwise disposed of, and the use or other disposition of the proceeds of any such sale, mortgage or lease; (k) The methods of operation, management and maintenance of the building or buildings; (l) Accounting and auditing and the keeping of records, reports and audits with respect to the building or buildings; (m) The amendment or modification of any resolution authorizing the issuance of bonds pursuant to the provisions of RCW 28B.20.395, 28B.20.396, and 28B.20.398, including the terms and conditions upon which such amendment or modification may be effected and the number, amount or percentage of assenting bonds necessary to effectuate the same; (n) Limitations upon the use of space or facilities in the building or buildings without payment therefor; and (2008 Ed.) 28B.20.412 (o) Such other matters as may be necessary or desirable to insure a successful and profitable operation of the building or buildings. (3) The term "building or buildings" as used in subsection (2) of this section means the building or buildings or improvements upon the university tract with respect to which the revenues are pledged, under the terms of the resolution, to secure the payment of bonds issued under such resolution. (4) The provisions of RCW 28B.20.395, 28B.20.396, and 28B.20.398 and of any resolution adopted in conformity with the provisions of this section shall constitute a contract with the owners of warrants or bonds issued pursuant thereto, and the provisions thereof shall be enforceable in any court of competent jurisdiction by any owner of such warrants or bonds by mandamus or any other appropriate suit, action or proceeding at law or in equity. (5) Bonds issued pursuant to the provisions of RCW 28B.20.395, 28B.20.396, and 28B.20.398 may be redeemed, at the option of the board of regents, at such time or times, upon such terms and conditions, and at such premiums as the board of regents specifies in the resolution. (6) If the board of regents fails to pay the required amounts into the special fund, established in conformity with subsection (2) of this section, the owner of any bond or bonds affected thereby may maintain an action against the board of regents to compel compliance with the terms of the resolution in this respect. (7) Pending the preparation and execution of any bonds the issuance of which is authorized under the provisions of subsection (2) of this section, temporary bonds may be issued in such form as the board of regents determines. [1999 c 346 § 7; 1983 c 167 § 34; 1969 ex.s. c 223 § 28B.20.398. Prior: 1947 c 284 § 4; Rem. Supp. 1947 § 4566-14. Formerly RCW 28.77.380.] Purpose—Construction—Effective date—1999 c 346: See notes following RCW 28B.20.381. Liberal construction—Severability—1983 c 167: See RCW 39.46.010 and note following. SCHOLARSHIPS, FELLOWSHIPS, SPECIAL RESEARCH PROJECTS, AND HOSPITAL 28B.20.410 28B.20.410 Children’s center for research and training in mental retardation—Established. There is hereby established at the University of Washington a children’s center for research and training in mental retardation and other handicapping conditions. [1969 ex.s. c 223 § 28B.20.410. Prior: 1963 c 193 § 1. Formerly RCW 28.77.430.] 28B.20.412 28B.20.412 Children’s center for research and training in mental retardation—Administration. The center shall be administered by the board of regents of the University of Washington. [1982 c 163 § 4; 1973 c 62 § 8; 1969 ex.s. c 223 § 28B.20.412. Prior: 1963 c 193 § 2. Formerly RCW 28.77.432.] Severability—Effective date—1982 c 163: See notes following RCW 2.10.052. Savings—Severability—1973 c 62: See notes following RCW 28B.10.510. [Title 28B RCW—page 97] 28B.20.414 Title 28B RCW: Higher Education 28B.20.414 Children’s center for research and training in mental retardation—Purpose. The general purposes of the center shall be: (1) To provide clinical and laboratory facilities for research on the causes, diagnosis, prevention, and treatment of mental retardation and other handicapping conditions in children; (2) To develop improved professional and in-service training programs in the various disciplines concerned with handicapped children; (3) To provide diagnostic and consultative services to various state programs and to regional and local centers, to an extent compatible with the primary research and teaching objectives of the center. [1969 ex.s. c 223 § 28B.20.414. Prior: 1963 c 193 § 3. Formerly RCW 28.77.434.] 28B.20.414 28B.20.420 Graduate scholarships for engineering research—Established. In order to further the development of advance studies in engineering there shall be established in the engineering laboratories of the University of Washington, ten graduate scholarships and/or fellowships to the amount of one thousand dollars and tuition each, per academic year. These scholarships shall be in the field of engineering which can best be used to aid the industrial development of the state of Washington and its resources. This graduate work shall be done in the laboratories of the university and shall be directed along the lines of professional research and testing. [1969 ex.s. c 223 § 28B.20.420. Prior: 1945 c 241 § 1. Formerly RCW 28.77.220.] 28B.20.420 28B.20.422 Graduate scholarships for engineering research—Studies published—Direction of program— Qualifications for candidates. The studies and results of such scholarships shall be published as bulletins or engineering reports of the college of engineering of the university and a reasonable number of copies thereof shall be available to the public without cost. The provisions of RCW 28B.20.420 and this section shall include the cost of individual scholarships, the cost of necessary supplies and materials to be utilized, and the cost of printing and distribution of the bulletins or engineering reports. The direction of this research program shall rest in the proper department or departments and schools of the engineering college of the university and the candidates must meet the qualifications of the graduate school of the university for graduate students. [1969 ex.s. c 223 § 28B.20.422. Prior: 1945 c 241 § 2. Formerly RCW 28.77.225; 28.77.220, part.] 28B.20.422 28B.20.440 University hospital. The board of regents of the University of Washington is hereby authorized to operate a hospital upon university grounds to be used in conjunction with the university’s medical and dental schools, including equipping and additional construction to the same. [1969 ex.s. c 223 § 28B.20.440. Cf. (i) 1947 c 286 § 2. No RRS. (ii) 1945 c 15 § 4. No RRS.] 28B.20.440 28B.20.450 Occupational and environmental research facility—Construction and maintenance authorized—Purpose. There shall be constructed and maintained at the University of Washington an occupational and environ28B.20.450 [Title 28B RCW—page 98] mental research facility in the school of medicine having as its objects and purposes testing, research, training, teaching, consulting and service in the fields of industrial and occupational medicine and health, the prevention of industrial and occupational disease among workers, the promotion and protection of safer working environments and dissemination of the knowledge and information acquired from such objects and purposes. [1989 c 12 § 4; 1969 ex.s. c 223 § 28B.20.450. Prior: 1963 c 151 § 1. Formerly RCW 28.77.410.] 28B.20.452 Occupational and environmental research facility—Industry to share costs. See RCW 51.16.042. 28B.20.452 28B.20.454 Occupational and environmental research facility—Submission of industrial and occupational health problems to facility—Availability of information. Any matter or problem relating to the industrial and occupational health of workers may be submitted to the environmental research facility by any public agency or interested party. All research data and pertinent information available or compiled at such facility related to the industrial and occupational health of workers shall be made available and supplied without cost to any public agency or interested party. [1989 c 12 § 5; 1969 ex.s. c 223 § 28B.20.454. Prior: 1963 c 151 § 3. Formerly RCW 28.77.414.] 28B.20.454 28B.20.456 Occupational and environmental research facility—Advisory committee. There is hereby created an advisory committee to the environmental research facility consisting of eight members. Membership on the committee shall consist of the director of the department of labor and industries, the assistant secretary for the division of health services of the department of social and health services, the president of the Washington state labor council, the president of the association of Washington business, the dean of the school of public health and community medicine of the University of Washington, the dean of the school of engineering of the University of Washington, the president of the Washington state medical association, or their representatives, and the chairman of the department of environmental health of the University of Washington, who shall be ex officio chairman of the committee without vote. Such committee shall meet at least semiannually at the call of the chairman. Members shall serve without compensation. It shall consult, review and evaluate policies, budgets, activities and programs of the facility relating to industrial and occupational health to the end that the facility will serve in the broadest sense the health of the workman as it may be related to his employment. [1973 c 62 § 9; 1969 ex.s. c 223 § 28B.20.456. Prior: 1963 c 151 § 4. Formerly RCW 28.77.416.] 28B.20.456 Savings—Severability—1973 c 62: See notes following RCW 28B.10.510. 28B.20.458 Occupational and environmental research facility—Acceptance of loans, gifts, etc.—Presentment of vouchers for payments from accident and medical aid funds. The University of Washington may accept and administer loans, grants, funds, or gifts, conditional or otherwise, in furtherance of the objects and purposes 28B.20.458 (2008 Ed.) University of Washington of RCW 28B.20.450 through 28B.20.458, from the federal government and from other sources public or private. For the purpose of securing payment from the accident fund and medical aid fund as funds are required, vouchers shall be presented to the department of labor and industries. [1969 ex.s. c 223 § 28B.20.458. Prior: 1963 c 151 § 5. Formerly RCW 28.77.418.] 28B.20.462 Warren G. Magnuson institute for biomedical research and health professions training—Established. The Warren G. Magnuson institute for biomedical research and health professions training is established within the Warren G. Magnuson health sciences center at the University of Washington. The institute shall be administered by the university. The institute may be funded through a combination of federal, state, and private funds, including earnings on the endowment fund in RCW 28B.20.472. [1990 c 282 § 1.] 28B.20.462 28B.20.464 Warren G. Magnuson institute—Purposes. The purposes of the Warren G. Magnuson institute for biomedical research and health professions training are as follows: (1) Supporting one or more individuals engaged in biomedical research into the causes of, the treatments for, or the management of diabetes is the primary purpose of the institute; (2) Providing financial assistance to students in graduate or postgraduate training programs in the health professions at the university is the secondary purpose of the institute; (3) Supporting biomedical research into the causes of, the treatment for, or the management of Parkinson’s disease, osteoporosis, or any other disease or medical disorder where the achievement of a significant result in the near term is especially promising; and (4) Enhancing the training, research, and public service missions of the health sciences schools of the University of Washington. [1990 c 282 § 2.] 28B.20.464 28B.20.466 Warren G. Magnuson institute—Endowment fund earnings. Unless designated otherwise by donors, the earnings on the endowment fund in RCW 28B.20.472 shall be distributed as follows: (1) Earnings on the first seven hundred fifty thousand dollars shall be expended at the direction of the dean of the school of medicine, in support of one or more individuals engaged in biomedical research into the causes of, the treatments for, or the management of diabetes; (2) Earnings on the next two hundred fifty thousand dollars shall be expended to provide financial assistance to students in graduate or postgraduate training programs in the health professions at the university, including: Medicine, nursing, public health and community medicine, dentistry, pharmacy, and social work. At least one such student at all times shall be in a career pathway preparing for or engaged in research related to diabetes, its antecedents, or complications; and (3) Earnings on additional funds within the endowment may be used for any purpose of the institute as outlined in RCW 28B.20.464. [1990 c 282 § 3.] 28B.20.466 (2008 Ed.) 28B.20.475 28B.20.468 Warren G. Magnuson institute—Trust fund. The Warren G. Magnuson institute trust fund is hereby established. The trust fund shall be administered by the state treasurer. Funds appropriated by the legislature for the trust fund shall be deposited into the trust fund. At the request of the board of regents of the University of Washington, and when conditions set forth in RCW 28B.20.470 are met, the treasurer shall release state matching moneys in the fund to the University of Washington’s local endowment fund. No appropriation is required for expenditures from the trust fund. [1991 sp.s. c 13 § 106; 1990 c 282 § 4.] 28B.20.468 Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. 28B.20.470 Warren G. Magnuson institute—State matching funds. The University of Washington may apply to the treasurer for five hundred thousand dollars from the Warren G. Magnuson institute trust fund when the university can match the state funds with an amount of cash donations equal to twice the state funds provided. Private donations mean moneys from nonstate sources that include, but are not limited to federal moneys and assessments by commodity commissions authorized to conduct research activities including but not limited to research studies authorized under RCW 15.66.030 and 15.65.040. [1990 c 282 § 5.] 28B.20.470 28B.20.472 Warren G. Magnuson institute—Local endowment fund. The state matching funds and the private donations shall be deposited in the university’s local endowment fund. The university is responsible for investing and maintaining all moneys within the fund. The principal of the invested endowment fund shall not be invaded. The university may augment the endowment fund with additional private donations. The earnings of the fund shall be used solely to support the purposes of the Warren G. Magnuson institute for biomedical research and health professions training as set forth in RCW 28B.20.464. [1990 c 282 § 6.] 28B.20.472 28B.20.475 Sea grant program—Geoduck aquaculture—Scientific research studies—Reports. (1) The sea grant program at the University of Washington shall, consistent with this section, commission a series of scientific research studies that examines the possible effects, including the cumulative effects, of the current prevalent geoduck aquaculture techniques and practices on the natural environment in and around Puget Sound, including the Strait of Juan de Fuca. The sea grant program shall use funding provided from the geoduck aquaculture research account created in RCW 28B.20.476 to review existing literature, directly perform research identified as needed, or to enter into and manage contracts with scientific organizations or institutions to accomplish these results. (2) Prior to entering into a contract with a scientific organization or institution, the sea grant program must: (a) Analyze, through peer review, the credibility of the proposed party to the contract, including whether the party has credible experience and knowledge and has access to the facilities necessary to fully execute the research required by the contract; and (b) Require that all proposed parties to a contract fully disclose any past, present, or planned future personal or pro28B.20.475 [Title 28B RCW—page 99] 28B.20.476 Title 28B RCW: Higher Education fessional connections with the shellfish industry or public interest groups. (3) All research commissioned under this section must be subjected to a rigorous peer review process prior to being accepted and reported by the sea grant program. (4) In prioritizing and directing research under this section, the sea grant program shall meet with the department of ecology at least annually and rely on guidance submitted by the department of ecology. The department of ecology shall convene the shellfish aquaculture regulatory committee created in section 4, chapter 216, Laws of 2007 as necessary to serve as an oversight committee to formulate the guidance provided to the sea grant program. The objective of the oversight committee, and the resulting guidance provided to the sea grant program, is to ensure that the research required under this section satisfies the planning, permitting, and data management needs of the state, to assist in the prioritization of research given limited funding, and to help identify any research that is beneficial to complete other than what is listed in subsection (5) of this section. (5) To satisfy the minimum requirements of subsection (1) of this section, the sea grant program shall review all scientific research that is existing or in progress that examines the possible effect of currently prevalent geoduck practices, on the natural environment, and prioritize and conduct new studies as needed, to measure and assess the following: (a) The environmental effects of structures commonly used in the aquaculture industry to protect juvenile geoducks from predation; (b) The environmental effects of commercial harvesting of geoducks from intertidal geoduck beds, focusing on current prevalent harvesting techniques, including a review of the recovery rates for benthic communities after harvest; (c) The extent to which geoducks in standard aquaculture tracts alter the ecological characteristics of overlying waters while the tracts are submerged, including impacts on species diversity, and the abundance of other benthic organisms; (d) Baseline information regarding naturally existing parasites and diseases in wild and cultured geoducks, including whether and to what extent commercial intertidal geoduck aquaculture practices impact the baseline; (e) Genetic interactions between cultured and wild geoduck, including measurements of differences between cultured geoducks and wild geoducks in terms of genetics and reproductive status; and (f) The impact of the use of sterile triploid geoducks and whether triploid animals diminish the genetic interactions between wild and cultured geoducks. (6) If adequate funding is not made available for the completion of all research required under this section, the sea grant program shall consult with the shellfish aquaculture regulatory committee, via the department of ecology, to prioritize which of the enumerated research projects have the greatest cost/benefit ratio in terms of providing information important for regulatory decisions; however, the study identified in subsection (5)(b) of this section shall receive top priority. The prioritization process may include the addition of any new studies that may be appropriate in addition to, or in place of, studies listed in this section. [Title 28B RCW—page 100] (7) When appropriate, all research commissioned under this section must address localized and cumulative effects of geoduck aquaculture. (8) The sea grant program and the University of Washington are prohibited from retaining greater than fifteen percent of any funding provided to implement this section for administrative overhead or other deductions not directly associated with conducting the research required by this section. (9) Individual commissioned contracts under this section may address single or multiple components listed for study under this section. (10) All research commissioned under this section must be completed and the results reported to the appropriate committees of the legislature by December 1, 2013. In addition, the sea grant program shall provide the appropriate committees of the legislature with annual reports updating the status and progress of the ongoing studies that are completed in advance of the 2013 deadline. [2007 c 216 § 1.] 28B.20.476 Sea grant program—Geoduck aquaculture research account. The geoduck aquaculture research account is created in the custody of the state treasurer. All receipts from any legislative appropriations, the aquaculture industry, or any other private or public source directed to the account must be deposited in the account. Expenditures from the account may only be used by the sea grant program for the geoduck research projects identified by RCW 28B.20.475. Only the president of the University of Washington or the president’s designee may authorize expenditures from the account. The account is subject to the allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures. [2007 c 216 § 2.] 28B.20.476 28B.20.500 Medical students from rural areas— Admission preference. The school of medicine at the University of Washington shall develop and implement a policy to grant admission preference to prospective medical students from rural areas of the state who agree to serve for at least five years as primary care physicians in rural areas of Washington after completion of their medical education and have applied for and meet the qualifications of the program under chapter 28B.115 RCW. Should the school of medicine be unable to fill any or all of the admission openings due to a lack of applicants from rural areas who meet minimum qualifications for study at the medical school, it may admit students not eligible for preferential admission under this section. [1991 c 332 § 26; 1990 c 271 § 9.] 28B.20.500 Application to scope of practice—Captions not law—1991 c 332: See notes following RCW 18.130.010. FINANCING BUILDINGS AND FACILITIES—1957 ACT 28B.20.700 Construction, remodeling, improvement, financing, etc., authorized. The board of regents of the University of Washington is empowered, in accordance with the provisions of this chapter, to provide for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of buildings and facilities authorized by the legislature for the use of the university and to finance the payment thereof by bonds payable out of a special fund from rev28B.20.700 (2008 Ed.) University of Washington enues hereafter derived from the payment of building fees, gifts, bequests or grants, and such additional funds as the legislature may provide. [1985 c 390 § 36; 1969 ex.s. c 223 § 28B.20.700. Prior: 1959 c 193 § 1; 1957 c 254 § 1. Formerly RCW 28.77.500.] 28B.20.705 Definitions. The following terms, whenever used or referred to in this chapter, shall have the following meaning, excepting in those instances where the context clearly indicates otherwise: (1) The word "board" means the board of regents of the University of Washington. (2) The words "building fees" mean the building fees charged students registering at the university. (3) The words "bond retirement fund" mean the special fund created by chapter 254, Laws of 1957, to be known as the University of Washington bond retirement fund. (4) The word "bonds" means the bonds payable out of the bond retirement fund. (5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of the university authorized by the legislature at any time and to be financed by the issuance and sale of bonds. [1985 c 390 § 37; 1969 ex.s. c 223 § 28B.20.705. Prior: 1963 c 224 § 2; 1963 c 182 § 1; 1959 c 193 § 2; 1957 c 254 § 2. Formerly RCW 28.77.510.] 28B.20.705 28B.20.710 Contracts, issuance of evidences of indebtedness, acceptance of grants. In addition to the powers conferred under existing law, the board is authorized and shall have the power: (1) To contract for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of such buildings or other facilities of the university as are and which may hereafter be authorized by the legislature. (2) To finance the same by the issuance of bonds secured by the pledge of any or all of the revenues and receipts of the bond retirement fund. (3) Without limitation of the foregoing, to accept grants from the United States government, or any federal or state agency or instrumentality, or any public or private corporation, association, or person to aid in defraying the costs of any such projects. [1969 ex.s. c 223 § 28B.20.710. Prior: 1963 c 182 § 2; 1959 c 193 § 3; 1957 c 254 § 3. Formerly RCW 28.77.520.] 28B.20.710 28B.20.715 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds. For the purpose of financing the cost of any projects, the board is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the issuance, sale and delivery of the bonds or any part thereof at such time or times as it shall deem necessary and advisable. Said bonds: (1) Shall not constitute (a) An obligation, either general or special, of the state; or (b) A general obligation of the University of Washington or of the board; (2) Shall be (a) Either registered or in coupon form; and 28B.20.715 (2008 Ed.) 28B.20.715 (b) Issued in denominations of not less than one hundred dollars; and (c) Fully negotiable instruments under the laws of this state; and (d) Signed on behalf of the university by the president of the board, attested by the secretary of the board, have the seal of the university impressed thereon or a facsimile of such seal printed or lithographed in the bottom border thereof, and the coupons attached thereto shall be signed with the facsimile signatures of such president and secretary; (3) Shall state (a) The date of issue; and (b) The series of the issue and be consecutively numbered within the series; and (c) That the bond is payable both principal and interest solely out of the bond retirement fund; (4) Each series of bonds shall bear interest, payable either annually or semiannually, as the board may determine; (5) Shall be payable both principal and interest out of the bond retirement fund; (6) Shall be payable at such times over a period of not to exceed forty years from date of issuance, at such place or places, and with such reserved rights of prior redemption, as the board may prescribe; (7) Shall be sold in such manner and at such price as the board may prescribe; (8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding such payment, not inconsistent with this chapter, and as found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to: (a) A covenant that the building fees shall be established, maintained and collected in such amounts that will provide money sufficient to pay the principal of and interest on all bonds payable out of the bond retirement fund, to set aside and maintain the reserves required to secure the payment of such principal and interest, and to maintain any coverage which may be required over such principal and interest; (b) A covenant that a reserve account shall be created in the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made that certain amounts be set aside and maintained therein; (c) A covenant that sufficient moneys may be transferred from the University of Washington building account to the bond retirement fund when ordered by the board of regents in the event there is ever an insufficient amount of money in the bond retirement fund to pay any installment of interest or principal and interest coming due on the bonds or any of them; (d) A covenant fixing conditions under which bonds on a parity with any bonds outstanding may be issued. The proceeds of the sale of all bonds, exclusive of accrued interest which shall be deposited in the bond retirement fund, shall be deposited in the state treasury to the credit of the University of Washington building account and shall be used solely for paying the costs of the projects. [1985 c 390 § 38; 1970 ex.s. c 56 § 26; 1969 ex.s. c 232 § 100; 1969 ex.s. c 223 § 28B.20.715. Prior: 1959 c 193 § 4; 1957 c 254 § 4. Formerly RCW 28.77.530.] [Title 28B RCW—page 101] 28B.20.720 Title 28B RCW: Higher Education Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 28B.20.720 University of Washington bond retirement fund—Composition—Pledge of building fees. For the purpose of paying and securing the payment of the principal of and interest on the bonds as the same shall become due, there shall be paid into the state treasury and credited to a special trust fund to be known as the University of Washington bond retirement fund, the following: (1) One-half of such building fees as the board may from time to time determine, or such larger portion as may be necessary to prevent default in the payments required to be made out of the bond retirement fund, and in no event shall such one-half be less than twelve dollars and fifty cents per each resident student per quarter and less than thirty-seven dollars and fifty cents per each nonresident student per quarter; (2) Any gifts, bequests, or grants which may be made, or may become available, for the purpose of furthering the construction of any authorized projects, or for the repayment of the costs thereof; (3) Such additional funds as the legislature may provide. Said bond retirement fund shall be kept segregated from all moneys in the state treasury and shall, while any of such bonds or any interest thereon remains unpaid, be available solely for the payment thereof except as provided in RCW 28B.20.725(5). As a part of the contract of sale of such bonds, the board undertakes to charge and collect building fees and to deposit the portion of such fees in the bond retirement fund in amounts which will be sufficient to pay the principal of, and interest on all such bonds outstanding. [1985 c 390 § 39; 1969 ex.s. c 223 § 28B.20.720. Prior: 1959 c 193 § 5; 1957 c 254 § 5. Formerly RCW 28.77.540.] 28B.20.720 1977 Bond act for the refunding of outstanding limited obligation revenue bonds of institutions of higher education, as affecting: RCW 28B.14C.080 through 28B.14C.130. 28B.20.721 Revenues derived from certain university lands deposited in University of Washington bond retirement fund. All moneys received from the lease or rental of lands set apart by the enabling act for university purposes; all interest or income arising from the proceeds of the sale of such lands or of the timber, fallen timber, stone, gravel, or other valuable material thereon; and all moneys received as interest on deferred payments on contracts for the sale of such lands shall be deposited in the "University of Washington bond retirement fund" to be expended for the purposes set forth in RCW 28B.20.720. [1969 ex.s. c 223 § 28B.20.721. Prior: 1963 c 216 § 1. Formerly RCW 28.77.541.] 28B.20.721 28B.20.725 Additional powers of board—Issuance of bonds, investments, transfer of funds, etc. The board is hereby empowered: (1) To reserve the right to issue bonds later on a parity with any bonds being issued; (2) To authorize the investing of moneys in the bond retirement fund and any reserve account therein; (3) To authorize the transfer of money from the University of Washington building account to the bond retirement 28B.20.725 [Title 28B RCW—page 102] fund when necessary to prevent a default in the payments required to be made out of such fund; (4) To create a reserve account or accounts in the bond retirement fund to secure the payment of the principal of and interest on any bonds; (5) To authorize the transfer to the University of Washington building account of any money on deposit in the bond retirement fund in excess of debt service for a period of three years from the date of such transfer on all outstanding bonds payable out of such fund. [1969 ex.s. c 223 § 28B.20.725. Prior: 1959 c 193 § 6. Formerly RCW 28.77.545.] 1977 Bond act for the refunding of outstanding limited obligation revenue bonds of institutions of higher education, as affecting: RCW 28B.14C.080 through 28B.14C.130. 28B.20.730 Refunding bonds. The board is hereby empowered to issue refunding bonds to provide funds to refund any or all outstanding bonds payable from the bond retirement fund and to pay any redemption premium payable on such outstanding bonds being refunded. Such refunding bonds may be issued in the manner and on terms and conditions and with the covenants permitted by this chapter for the issuance of bonds. The refunding bonds shall be payable out of the bond retirement fund and shall not constitute an obligation either general or special, of the state or a general obligation of the University of Washington or the board. The board may exchange the refunding bonds at par for the bonds which are being refunded or may sell them in such manner, at such price and at such rate or rates of interest as it deems for the best interest of the university. [1970 ex.s. c 56 § 27; 1969 ex.s. c 232 § 101; 1969 ex.s. c 223 § 28B.20.730. Prior: 1959 c 193 § 8. Formerly RCW 28.77.547.] 28B.20.730 Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 28B.20.735 Bonds not general obligations—Legislature may provide additional means of payment. The bonds authorized to be issued pursuant to the provisions of RCW 28B.20.700 through 28B.20.740 shall not be general obligations of the state of Washington, but shall be limited obligation bonds payable only from the special fund created for their payment derived from the building fees as herein provided. The legislature may provide additional means for raising money for the payment of interest and principal of said bonds. RCW 28B.20.700 through 28B.20.740 shall not be deemed to provide an exclusive method for such payment. The power given to the legislature by this section to provide additional means for raising money is permissive, and shall not in any way be construed as a pledge of the general credit of the state of Washington. [1985 c 390 § 40; 1969 ex.s. c 223 § 28B.20.735. Prior: 1957 c 254 § 7. Formerly RCW 28.77.550.] 28B.20.735 28B.20.740 RCW 28B.20.700 through 28B.20.740 as concurrent with other laws. RCW 28B.20.700 through 28B.20.740 is to be construed as concurrent with other legislation with reference to providing funds for the construction of buildings at the University of Washington, and is not to be construed as limiting any other provision of law with refer28B.20.740 (2008 Ed.) University of Washington ence thereto. [1969 ex.s. c 223 § 28B.20.740. Prior: 1957 c 254 § 10. Formerly RCW 28.77.580.] MISCELLANEOUS 28B.20.745 28B.20.745 Validation—1959 c 193. Any covenants of the bonds issued by the University of Washington under the authority of chapter 254, Laws of 1957 not expressly authorized by said chapter but authorized in chapter 193, Laws of 1959 are hereby declared to be legal and binding in all respects. [1969 ex.s. c 223 § 28B.20.745. Prior: 1959 c 193 § 11. Formerly RCW 28.77.590.] 28B.20.756 28B.20.753 28B.20.753 Hospital project bonds—Form, terms, conditions, sale, and covenants for bonds and notes. The state finance committee is authorized to prescribe the form, terms, conditions and covenants of the bonds and/or the bond anticipation notes, the time or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. Each such bond and bond anticipation note shall pledge the full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and the interest thereon when due. [1975 1st ex.s. c 88 § 4.] Severability—1975 1st ex.s. c 88: See note following RCW 28B.20.750. 28B.20.750 28B.20.750 Hospital project bonds—State general obligation bonds in lieu of revenue bonds. The legislature has previously approved by its appropriation of funds from time to time, a capital improvement project for the University of Washington hospital, which project was to be partly funded by the issuance, by the university board of regents, of revenue bonds payable from certain university hospital fees. In order that such project may be funded on terms most advantageous to the state, it is hereby determined to be in the public interest that state general obligation bonds be issued to provide part of the funds for such project in lieu of revenue bonds. [1975 1st ex.s. c 88 § 1.] Severability—1975 1st ex.s. c 88: "If any provision of this 1975 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances, shall in no way be affected." [1975 1st ex.s. c 88 § 12.] 28B.20.751 28B.20.751 Hospital project bonds—Amount authorized. For the purpose of providing financing for needed acquisition, construction, remodeling, furnishing or equipping of buildings and facilities of the University of Washington hospital, the state finance committee is hereby authorized to issue from time to time general obligation bonds of the state of Washington in the aggregate principal amount of eight million dollars, or so much thereof as shall be required to finance the university hospital improvements project described in RCW 28B.20.750, to be paid and discharged within thirty years of the date of issuance, in accordance with Article VIII, section 1, of the Constitution of the state of Washington. [1975 1st ex.s. c 88 § 2.] 28B.20.754 28B.20.754 Hospital project bonds—Disposition of proceeds. Except for that portion of the proceeds required to pay bond anticipation notes pursuant to RCW 28B.20.752, the proceeds from the sale of the bonds and/or bond anticipation notes authorized herein, together with all grants, donations, transferred funds and other moneys which the state finance committee or the board of regents of the University of Washington may direct the state treasurer to deposit therein, shall be deposited in the building authority construction account in the state treasury. [1975 1st ex.s. c 88 § 5.] Severability—1975 1st ex.s. c 88: See note following RCW 28B.20.750. 28B.20.755 28B.20.755 Hospital project bonds—Administration of proceeds from bonds and notes. Subject to legislative appropriation, all proceeds of the bonds and/or bond anticipation notes authorized in RCW 28B.20.750 through 28B.20.759 shall be administered and expended by the board of regents of the University of Washington exclusively for the purposes specified in RCW 28B.20.750 through 28B.20.759 and for the payment of the expenses incurred in connection with the sale and issuance of such bonds and bond anticipation notes. [1975 1st ex.s. c 88 § 6.] Severability—1975 1st ex.s. c 88: See note following RCW 28B.20.750. 28B.20.756 28B.20.752 Hospital project bonds—Bond anticipation notes, authorized, payment. When the state finance committee has determined to issue such general obligation bonds or a portion thereof, it may, pending the issuance thereof, issue in the name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond anticipation notes". Such portion of the proceeds of the sale of such bonds as may be required for the payment of principal and redemption premium, if any, of and interest on such notes shall be applied thereto when such bonds are issued. [1975 1st ex.s. c 88 § 3.] 28B.20.756 Hospital project bonds—1975 University of Washington hospital bond retirement fund, created, purpose. The 1975 University of Washington hospital bond retirement fund is hereby created in the state treasury for the purpose of the payment of principal of and interest on the bonds authorized to be issued pursuant to RCW 28B.20.750 through 28B.20.759. The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amount required in the next succeeding twelve months for the payment of the principal of and interest coming due on such bonds. On July 1st of each such year the state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the 1975 University of Washington hospital bond retirement fund an amount equal to the amount certified by the state finance committee. [1975 1st ex.s. c 88 § 7.] Severability—1975 1st ex.s. c 88: See note following RCW 28B.20.750. Severability—1975 1st ex.s. c 88: See note following RCW 28B.20.750. Severability—1975 1st ex.s. c 88: See note following RCW 28B.20.750. 28B.20.752 (2008 Ed.) [Title 28B RCW—page 103] 28B.20.757 Title 28B RCW: Higher Education 28B.20.757 Hospital project bonds—Regents to accumulate moneys for bond payments. On or before June 30th of each year, the board of regents of the university shall cause to be accumulated, in an appropriate local fund, from fees charged patients of the university hospital and other moneys legally available for such purposes, an amount at least equal to the amount required in the next succeeding twelve months for the payment of the principal of and interest coming due on the bonds issued pursuant to RCW 28B.20.750 through 28B.20.759. Notwithstanding the provisions of RCW 28B.15.220, on July 1st of each such year the board of regents of the university shall cause to be paid to the state treasurer for deposit into the general fund of the state treasury, the sum so accumulated. [1975 1st ex.s. c 88 § 8.] 28B.20.757 Severability—1975 1st ex.s. c 88: See note following RCW 28B.20.750. 28B.20.758 Hospital project bonds—As legal investment for public funds. The bonds authorized in RCW 28B.20.750 through 28B.20.759 shall constitute a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1975 1st ex.s. c 88 § 9.] 28B.20.758 Severability—1975 1st ex.s. c 88: See note following RCW 28B.20.750. 28B.20.759 Hospital project bonds—Prerequisite to issuance. The bonds authorized in RCW 28B.20.750 through 28B.20.759 shall be issued only after the university board of regents has certified to the state finance committee that projected revenue from fees charged patients of the university hospital shall be adequate, based upon reasonable projections for that revenue, to enable the board of regents to meet the requirement of RCW 28B.20.757 during the life of the bonds proposed to be issued. [1975 1st ex.s. c 88 § 10.] 28B.20.759 Severability—1975 1st ex.s. c 88: See note following RCW 28B.20.750. 28B.20.770 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College. See RCW 28B.10.300 through 28B.10.330. 28B.20.770 28B.20.800 Revenues derived from certain university lands and income from university permanent fund deposited in University of Washington bond retirement fund— Covenant. All moneys hereafter received from the lease or rental of lands set apart for the University of Washington by chapter 91, Laws of 1903 and section 9, chapter 122, Laws of 1893, and all interest or income arising from the proceeds of the sale of such land, less the allocation to the state treasurer’s service account [fund] pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160, and all proceeds from the sale of timber, fallen timber, stone, gravel, or other valuable material and all other receipts therefrom shall be deposited to the credit of the "University of Washington bond retirement fund" to be expended for the purposes set forth in RCW 28B.20.720. All proceeds of sale of such lands, exclusive of investment income, shall be deposited to the credit of the state university permanent fund, shall be retained therein and shall not be transferred to 28B.20.800 [Title 28B RCW—page 104] any other fund or account. All interest earned or income received from the investment of the money in the state university permanent fund shall be deposited to the credit of the University of Washington bond retirement fund less the allocations to the state treasurer’s service fund pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160. As a part of the contract of sale of bonds payable out of the University of Washington bond retirement fund, the board of regents of the University of Washington may covenant that all moneys derived from the above provided sources, which are required to be paid into the bond retirement fund, shall continue to be paid into such bond retirement fund for as long as any of such bonds are outstanding. [1991 sp.s. c 13 § 97; 1969 ex.s. c 223 § 28B.20.800. Prior: 1965 ex.s. c 135 § 1. Formerly RCW 28.77.620.] Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. 1977 Bond act for the refunding of outstanding limited obligation revenue bonds of institutions of higher education, as affecting: RCW 28B.14C.080 through 28B.14C.130. 28B.20.805 Revenues derived from certain university lands and income from university permanent fund deposited in University of Washington bond retirement fund— Ratification of previous transfers. The transfers heretofore made of all moneys from the sources described in RCW 28B.20.800 and 43.79.201 into the University of Washington bond retirement fund and permanent fund are in all respects ratified and confirmed. [1969 ex.s. c 223 § 28B.20.805. Prior: 1965 ex.s. c 135 § 3. Formerly RCW 28.77.630.] 28B.20.805 28B.20.810 Revenues derived from certain university lands and income from university permanent fund deposited in University of Washington bond retirement fund— Transfers of certain funds and investments from university permanent fund to University of Washington bond retirement fund and University of Washington building account. The board of regents of the University of Washington is empowered to authorize from time to time the transfer from the state university permanent fund to be held in reserve in the bond retirement fund created by RCW 28B.20.720 any unobligated funds and investments derived from lands set apart for the support of the university by chapter 91, Laws of 1903 and section 9, chapter 122, Laws of 1893, to the extent required to comply with bond covenants regarding principal and interest payments and reserve requirements for bonds payable out of the bond retirement fund up to a total amount of five million dollars, and to transfer any or all of said unobligated funds and investments in excess of five million dollars to the university building account created by *RCW 43.79.330(22). Any funds transferred to the bond retirement fund pursuant to this section shall be replaced by moneys first available out of the moneys required to be deposited in such fund pursuant to RCW 28B.20.800. The board is further empowered to direct the state finance committee to convert any investments in such permanent fund acquired with funds derived from such lands into cash or obligations of or guaranteed by the United States of America prior to the transfer of such funds and investments to such reserve account or building account. [1991 sp.s. c 13 § 78; 1969 ex.s. c 223 § 28B.20.810 (2008 Ed.) Washington State University 28B.20.810. Prior: 1965 ex.s. c 135 § 4. Formerly RCW 28.77.640.] *Reviser’s note: RCW 43.79.330 was amended in 1979, 1980, and 1981 renumbering subsections, and was subsequently amended by 2008 c 128 § 18, changing the subsection to subsection (9), effective July 1, 2009. Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. 28B.20.820 Revenues derived from certain university lands and income from university permanent fund deposited in University of Washington bond retirement fund— RCW 79.64.040 not affected. Nothing contained in RCW 28B.20.800 through 28B.20.820 and RCW 43.79.201 is intended to amend or modify RCW 79.64.040 (section 4, chapter 178, Laws of 1961). [1969 ex.s. c 223 § 28B.20.820. Prior: 1965 ex.s. c 135 § 5. Formerly RCW 28.77.650.] 28B.20.820 Chapter 28B.25 RCW JOINT CENTER FOR HIGHER EDUCATION Chapter 28B.25 Sections 28B.25.020 Coordination of programs—Master plan for Riverpoint higher education park. 28B.25.020 Coordination of programs—Master plan for Riverpoint higher education park. 28B.25.020 Reviser’s note: RCW 28B.25.020 was amended by 1998 c 245 § 18 without reference to its repeal by 1998 c 344 § 17. It has been decodified for publication purposes under RCW 1.12.025. Chapter 28B.30 Chapter 28B.30 RCW WASHINGTON STATE UNIVERSITY Sections 28B.30.010 Designation. 28B.30.015 Purpose. 28B.30.050 Collaboration with Eastern Washington University and local community colleges. 28B.30.054 Credits—Statewide transfer policy and agreement—Establishment. 28B.30.055 "Major line" defined. 28B.30.057 Major lines common to University of Washington and Washington State University. 28B.30.060 Courses exclusive to Washington State University. 28B.30.065 Exclusive instruction in agriculture. 28B.30.067 Wine grape industry, instruction relating to—Purpose. 28B.30.068 Wine grape industry, instruction relating to—Administration. 28B.30.075 University fees. 28B.30.095 Management. 28B.30.100 Regents—Appointment—Terms—Vacancies—Quorum— Bond. 28B.30.115 Regents—Oaths. 28B.30.116 Regents—Expenses. 28B.30.117 Regents—Attorney general as advisor. 28B.30.120 Regents—Meetings—Vacancy not to affect rights of remaining members. 28B.30.125 Regents—Board organization—President—President’s duties—Bylaws, laws. 28B.30.130 Regents—Treasurer of board—Bond—Disbursement of funds by. 28B.30.135 Regents—University president as secretary of board— Duties—Bond. 28B.30.140 Regents—Employees, board members, to have no interest in contracts. 28B.30.150 Regents—General powers and duties. 28B.30.200 Morrill act funds allotted to university. 28B.30.210 Acceptance of federal aid—1907 c 198—Assent. 28B.30.215 Acceptance of certain federal aid. 28B.30.220 Acceptance of federal aid—1925 ex.s. c 182. 28B.30.250 University designated as recipient of all federal aid to agricultural experiment stations. (2008 Ed.) Chapter 28B.30 28B.30.255 University designated as recipient of all federal aid to agricultural experiment stations—Assent to congressional grants to university. 28B.30.270 State treasurer receiving agent of certain federal aid—Acts enumerated. 28B.30.275 State treasurer receiving agent of certain federal aid—Morrill Fund. 28B.30.280 State treasurer receiving agent of certain federal aid—Withdrawals. 28B.30.285 State treasurer receiving agent of certain federal aid—Trust funds not subject to appropriation. 28B.30.300 State treasurer to report annually on university assets held in trust. 28B.30.310 Department of natural resources to report annually on university trust lands transactions. 28B.30.325 Lease of lands with outdoor recreation potential—Restrictions—Unlawful to use posted lands. 28B.30.350 Medical, health and hospital service—Authorized. 28B.30.355 Medical, health and hospital service—Leases, contracts and agreements. 28B.30.499 High-technology education and training. 28B.30.500 Masters and doctorate level degrees in technology authorized—Review by higher education coordinating board. 28B.30.520 Statewide off-campus telecommunications system—Authorized—Purpose, education in high-technology fields— Availability of facilities. 28B.30.530 Small business development center—Services—Use of funds. 28B.30.533 Construction of RCW 28B.30.530—Conflict with federal requirements. 28B.30.535 International marketing program for agricultural commodities and trade (IMPACT) center created—Primary functions. 28B.30.537 IMPACT center—Duties. 28B.30.539 IMPACT center—Director. 28B.30.541 IMPACT center—Use of research and services—Fees. 28B.30.543 IMPACT center—Contributions and support. 28B.30.600 Tree fruit research center facility, financing—Bonds, authorization conditional—Amount—Discharge. 28B.30.602 Tree fruit research center facility, financing—Bonds, committee to control issuance, sale and retirement of. 28B.30.604 Tree fruit research center facility, financing—Anticipation notes authorized—Use of proceeds. 28B.30.606 Tree fruit research center facility, financing—Administration of proceeds from sale of bonds or notes—Investment of surplus funds. 28B.30.608 Tree fruit research center facility, financing—Security for bonds issued. 28B.30.610 Tree fruit research center facility, financing—Office-laboratory facilities bond redemption fund created, use. 28B.30.612 Tree fruit research center facility, financing—Rights of owner and holder of bonds. 28B.30.614 Tree fruit research center facility, financing—Lease agreement prerequisite to sale of bonds—Disposition of lease payments. 28B.30.616 Tree fruit research center facility, financing—Bonds, legislature may provide additional means for payment. 28B.30.618 Tree fruit research center facility, financing—Bonds as legal investment for public funds. 28B.30.619 Tree fruit research center facility, financing—Appropriation. 28B.30.620 Tree fruit research center facility, financing—Alternatives authorized. 28B.30.630 Puget Sound water quality field agents program—Definitions. 28B.30.632 Puget Sound water quality field agents program—Local field agents. 28B.30.634 Puget Sound water quality field agents program—Matching requirements. 28B.30.638 Puget Sound water quality field agents program—Captions not law. 28B.30.640 Climate and rural energy development center—Definitions. 28B.30.642 Climate and rural energy development center—Authorized. 28B.30.644 Climate and rural energy development center—Funding. FINANCING BUILDINGS AND FACILITIES—1961 ACT 28B.30.700 Construction, remodeling, improvement, financing through bonds, authorized. 28B.30.710 Definitions. 28B.30.720 Contracts, issuance of evidences of indebtedness, bonds, acceptance of grants. 28B.30.730 Bonds—Issuance, sale, form, term, interest—Covenants— Deposit of proceeds. 28B.30.740 Washington State University bond retirement fund—Composition—Pledge of building fees. 28B.30.741 Washington State University bond retirement fund—Disposition of certain revenues from scientific school lands. [Title 28B RCW—page 105] 28B.30.010 Title 28B RCW: Higher Education 28B.30.742 Washington State University bond retirement fund—Disposition of certain revenues from agricultural college lands. 28B.30.750 Additional powers of board—Issuance of bonds, investments, transfer of funds, etc. 28B.30.760 Refunding bonds. 28B.30.770 Bonds not general obligations—Legislature may provide additional means of payment. 28B.30.780 Other laws not repealed or limited. 28B.30.800 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College. 28B.30.810 Dairy/forage and agricultural research facility—Rainier school farm—Revolving fund—Lease of herd, lands, authorized. 28B.30.900 Transfer of energy education, applied research, and technology transfer programs from state energy office. 28B.30.901 Establishment of administrative units to coordinate energy education or energy program delivery programs. 28B.30.902 Lind dryland research unit—Income from leased property. Acquisition of property, powers: RCW 28B.10.020. Admission requirements: RCW 28B.10.050. Agricultural college grant: RCW 43.79.120. Agricultural extension work: RCW 36.50.010. Athletic printing and concessions, bids required: RCW 28B.10.640. Bond issue for projects: RCW 43.83.090 through 43.83.104. Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW. Bond issues for buildings and facilities: RCW 28B.10.300 through 28B.10.330. Branch campuses Southwest Washington area: RCW 28B.45.040. Spokane area: RCW 28B.30.050. Tri-Cities area: RCW 28B.45.030. British Columbia—Tuition and fees—Reciprocity with Washington: RCW 28B.15.756 and 28B.15.758. Buildings and facilities borrowing money for: RCW 28B.10.300(4). no state liability: RCW 28B.10.330. rate of interest: RCW 28B.10.325. contracts for construction and installation: RCW 28B.10.300(1). contracts to pay as rentals the costs of acquiring: 28B.10.300(5). lease of campus lands for: RCW 28B.10.300(3). purchase or lease of land for: RCW 28B.10.300(2). use of acquired: RCW 28B.10.305. Commercial activities by institutions of higher education—Development of policies governing: Chapter 28B.63 RCW. County hospitals, contracts with state universities relating to medical services, teaching and research: RCW 36.62.290. Courses, studies, and instruction graduate work: RCW 28B.10.120. home economics extension work: RCW 36.50.010. major courses common to Washington State University and University of Washington: RCW 28B.10.115. physical education: RCW 28B.10.700. studies on alternate agricultural practices to open burning of grasses grown for seed—Report: RCW 70.94.656. Development of methods and protocols for measuring educational costs— Schedule of educational cost study reports: RCW 28B.76.310. Eminent domain by: RCW 28B.10.020. Entrance requirements: RCW 28B.10.050. Eye protection, public educational institutions: RCW 70.100.010 through 70.100.040. Faculty members and employees annuity and retirement plans: RCW 28B.10.400 through 28B.10.423. insurance: RCW 28B.10.660. leaves of absence: RCW 28B.10.560. Flag, display: RCW 28B.10.030. Funds agricultural permanent fund created: RCW 43.79.130. investment in regents’ revenue bonds: RCW 43.84.140. [Title 28B RCW—page 106] source: RCW 43.79.130. Clarke-McNary fund, receipt and disbursement of authorized: RCW 43.30.360. cooperative farm forestry fund, receipt and disbursement of authorized: RCW 43.30.370. scientific permanent fund created: RCW 43.79.110. investment in regents’ revenue bonds: RCW 43.84.140. Washington State University fund, sources: RCW 43.79.140. Governing body of recognized student association at college or university, open public meetings act applicable to: RCW 42.30.200. Home economics extension work: RCW 36.50.010. Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750 through 28B.15.754. Insurance for officers, employees and students: RCW 28B.10.660. Liquor revolving fund, alcoholism and drug abuse research, use for: RCW 66.08.180. 1977 Washington State University buildings and facilities financing act: Chapter 28B.31 RCW. Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730 through 28B.15.736. Parking facilities: RCW 28B.10.300. Pest districts, general supervision over: RCW 17.12.060. Police force: RCW 28B.10.550 through 28B.10.567. Real property acquisition of authorized: RCW 28B.10.020. share crop leasing authorized: RCW 79.13.320. state lands, included in definition: RCW 79.02.010. Scientific school grant: RCW 43.79.100. Stadium approach highway authorized acquisition of property for: RCW 47.20.600. condemnation for: RCW 47.20.610. measure of damage to buildings: RCW 47.20.620. sale of buildings and personalty acquired in acquisition of land: RCW 47.20.630. use declared public use: RCW 47.20.605. State building authority, projects approved: Chapter 43.75 RCW. State College of Washington building account, name changed to Washington State University building account: RCW 43.79.335. Students insurance: RCW 28B.10.660. loan fund for national defense education act: RCW 28B.10.280. Teachers training courses: RCW 28B.10.140. use of district schools for training: RCW 28B.10.600 through 28B.10.605. Traffic regulations, penalty for violations: RCW 28B.10.560. 28B.30.010 Designation. The state university located and established in Pullman, Whitman county, shall be designated Washington State University. [1969 ex.s. c 223 § 28B.30.010. Prior: 1959 c 77 § 1; 1905 c 53 § 1; 1891 c 145 § 1; RRS § 4567. Formerly RCW 28.80.010.] 28B.30.010 28B.30.015 Purpose. The aim and the purpose of Washington State University shall be to provide a higher education in such fields as may be established therein from time to time by the board of regents or by law, including instruction in agriculture or other industrial pursuits, mechanical arts and the natural sciences. [1969 ex.s. c 223 § 28B.30.015. Prior: 1909 c 97 p 243 § 1, part; RRS § 4568, part; prior: 1897 c 118 § 190, part; 1891 c 145 § 1, part. Formerly RCW 28.80.015; 28.76.040, part and 28.76.050, part.] 28B.30.015 28B.30.050 Collaboration with Eastern Washington University and local community colleges. Washington 28B.30.050 (2008 Ed.) Washington State University State University and Eastern Washington University shall collaborate with one another and with local community colleges in providing educational pathways and programs to the citizens of the Spokane area. [2004 c 57 § 3; 1991 c 205 § 11; 1989 1st ex.s. c 7 § 6. Formerly RCW 28B.45.050.] 28B.30.054 Credits—Statewide transfer policy and agreement—Establishment. See RCW 28B.76.240 and 28B.76.2401. 28B.30.054 28B.30.055 "Major line" defined. 28B.10.100. 28B.30.055 See RCW 28B.30.057 Major lines common to University of Washington and Washington State University. See RCW 28B.10.115. 28B.30.057 28B.30.060 Courses exclusive to Washington State University. The courses of instruction of Washington State University shall embrace as exclusive major lines, agriculture in all its branches and subdivisions, veterinary medicine, and economic science in its application to agriculture and rural life. [1969 ex.s. c 223 § 28B.30.060. Prior: 1917 c 10 § 3; RRS § 4534. Formerly RCW 28.80.025; 28.76.070, part.] 28B.30.060 28B.30.065 Exclusive instruction in agriculture. Work and instruction in agriculture in all its branches and subdivisions shall be offered and taught in Washington State University exclusively. [1969 ex.s. c 223 § 28B.30.065. Prior: 1917 c 10 § 6; RRS § 4537. Formerly RCW 28.80.026; 28.76.070, part.] 28B.30.065 28B.30.067 Wine grape industry, instruction relating to—Purpose. Marked increases in state and national consumption make it evident that our developing wine grape industry has a bright future. To help assure its success the legislature concludes that Washington State University should provide a sound research, extension, and resident instruction base for both wine grape production and the processing aspects of the wine industry. [1981 1st ex.s. c 5 § 5.] 28B.30.067 Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100. Liquor revolving fund—Distribution—Reserve for administration—Disbursement to universities and department of social and health services: RCW 66.08.180. 28B.30.068 Wine grape industry, instruction relating to—Administration. Revenues received from RCW 66.08.180 for wine and wine grape research, extension programs related to wine and wine grape research, and resident instruction in both wine grape production and the processing aspects of the wine industry by Washington State University shall be administered by the College of Agriculture. When formulating or changing plans for programs and research, the College of Agriculture shall confer with representatives of the Washington Wine Society. [1981 1st ex.s. c 5 § 7.] 28B.30.068 Severability—Effective date—1981 1st ex.s. c 5: See RCW 66.98.090 and 66.98.100. Liquor revolving fund—Distribution—Reserve for administration—Disbursement to universities and department of social and health services: RCW 66.08.180. (2008 Ed.) 28B.30.075 University fees. RCW. 28B.30.075 28B.30.100 See chapter 28B.15 28B.30.095 Management. The management of Washington State University and its experiment stations, the care and preservation of all property of which the institution shall become possessed, the erection and construction of all buildings necessary for the use of said university and stations, and the disbursement and expenditure of all money provided for said university, shall be vested in the board of regents, constituted as provided in RCW 28B.30.100; said regents and their successors in office shall have the right to cause all things to be done necessary to carry out the provisions of this chapter or as otherwise provided by law. [1969 ex.s. c 223 § 28B.30.095. Prior: 1949 c 115 § 1, part; 1909 c 97 p 245 § 5, part; Rem. Supp. 1949 § 4576, part; prior: 1897 c 118 § 194, part; 1891 c 145 § 4, part. Formerly RCW 28.80.070, part, 28.80.080, part and 28.80.130, part.] 28B.30.095 28B.30.100 Regents—Appointment—Terms— Vacancies—Quorum—Bond. (1) The governance of Washington State University shall be vested in a board of regents to consist of ten 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, by and 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 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 university at the time of appointment. (2) Six members of said board shall constitute a quorum for the transaction of business. In the case of a vacancy or when an appointment is made after the date of the expiration of a term, the governor shall fill the vacancy for the remainder of the term of the regent 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) Each regent shall, before entering upon the discharge of his respective duties as such, execute a good and sufficient bond to the state of Washington, with two or more sufficient sureties, residents of the state, or with a surety company licensed to do business within the state, in the penal sum of not less than five thousand dollars, conditioned for the faithful performance of his duties as such regent: PROVIDED, That the university shall pay any fees incurred for any such bonds for their board members. (5) 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. [2006 c 78 § 2; 1998 c 95 § 2; 1985 c 61 § 2; 1979 ex.s. c 103 § 3; 1973 c 62 § 10; 1969 ex.s. c 223 § 28B.30.100. Prior: 1949 c 115 § 1, part; 1909 c 97 p 245 § 5, part; Rem. Supp. 1949 § 4576, part; prior: 1897 c 118 § 28B.30.100 [Title 28B RCW—page 107] 28B.30.115 Title 28B RCW: Higher Education 194, part; 1891 c 145 § 4, part. Formerly RCW 28.80.070, part, 28.80.080, part and 28.80.130, part.] Present terms not affected—Severability—1979 ex.s. c 103: See notes following RCW 28B.20.100. Savings—Severability—1973 c 62: See notes following RCW 28B.10.510. 28B.30.115 Regents—Oaths. 28B.30.115 See RCW 28B.10.520. 28B.30.116 Regents—Expenses. 28B.10.525. 28B.30.116 See RCW 28B.30.117 Regents—Attorney general as advisor. See RCW 28B.10.510. 28B.30.117 28B.30.120 Regents—Meetings—Vacancy not to affect rights of remaining members. Meetings of the board of regents may be called in such manner as the board may prescribe, and a full meeting of the board shall be called at least once a year. No vacancy in said board shall impair the rights of the remaining members of the board. [1979 ex.s. c 103 § 6; 1969 ex.s. c 223 § 28B.30.120. Prior: 1909 c 97 p 248 § 12; RRS § 4592; prior: 1897 c 118 § 201; 1891 c 145 § 12. Formerly RCW 28.80.100.] 28B.30.120 Present terms not affected—Severability—1979 ex.s. c 103: See notes following RCW 28B.20.100. 28B.30.125 Regents—Board organization—President—President’s duties—Bylaws, laws. The board of regents shall meet and organize by the election of a president from their own number on or as soon as practicable after the first Wednesday in April of each year. The board president shall be the chief executive officer of the board and shall preside at all meetings thereof, except that in his absence the board may appoint a chairman pro tempore. The board president shall sign all instruments required to be executed by said board other than those for the disbursement of funds. The board may adopt bylaws for its own organizational purposes and enact laws for the government of the university and its properties. [1969 ex.s. c 223 § 28B.30.125. Prior: (i) 1955 c 346 § 1, part; 1909 c 97 p 246 § 6, part; RRS § 4577, part. Formerly RCW 28.80.110, part. (ii) 1909 c 97 p 247 § 7, part; RRS § 4578, part; prior: 1897 c 118 § 196, part; 1891 c 145 § 7, part. Formerly RCW 28.80.120, part. (iii) 1909 c 97 p 249 § 16, part; RRS § 4596, part; prior: 1897 c 118 § 205, part; 1891 c 145 § 19, part. Formerly RCW 28.80.160, part.] 28B.30.125 28B.30.130 Regents—Treasurer of board—Bond— Disbursement of funds by. The board of regents shall appoint a treasurer who shall be the financial officer of the board and who shall hold office during the pleasure of the board. The treasurer shall render a true and faithful account of all moneys received and paid out by him, and shall give bond for the faithful performance of the duties of his office in such amount as the regents require: PROVIDED, That the university shall pay the fee for such bond. The treasurer shall make disbursements of the funds in his hands on the order of the board, which order shall be countersigned by the secretary of the board, and shall state on 28B.30.130 [Title 28B RCW—page 108] what account the disbursement is made. [1969 ex.s. c 223 § 28B.30.130. Prior: (i) 1955 c 346 § 1, part; 1909 c 97 p 246 § 6, part; RRS § 4577, part. Formerly RCW 28.80.110, part. (ii) 1909 c 97 p 246 § 7, part; RRS § 4578, part; prior: 1897 c 118 § 196, part; 1891 c 145 § 7, part. Formerly RCW 28.80.120, part. (iii) 1909 c 97 p 249 § 16, part; RRS § 4596, part; prior: 1897 c 118 § 205, part; 1891 c 145 § 19, part. Formerly RCW 28.80.160, part.] 28B.30.135 Regents—University president as secretary of board—Duties—Bond. The president of the university shall be secretary of the board of regents but he shall not have the right to vote; as such he shall be the recording officer of said board, shall attest all instruments required to be signed by the board president, shall keep a true record of all the proceedings of the board, and shall perform all the duties pertaining to the office and do all other things required of him by the board. The secretary shall give a bond in the penal sum of not less than five thousand dollars conditioned for the faithful performance of his duties as such officer: PROVIDED, That the university shall pay the fee for such bond. [1969 ex.s. c 223 § 28B.30.135. Prior: (i) 1955 c 346 § 1, part; 1909 c 97 p 246 § 6, part; RRS § 4577, part. Formerly RCW 28.80.110, part. (ii) 1909 c 97 p 247 § 7, part; RRS § 4578, part; prior: 1897 c 118 § 196, part; 1891 c 145 § 7, part. Formerly RCW 28.80.120, part.] 28B.30.135 28B.30.140 Regents—Employees, board members, to have no interest in contracts. No employee or member of the university board of regents shall be interested pecuniarily, either directly or indirectly, in any contract for any building or improvement at said university, or for the furnishing of supplies for the same. [1969 ex.s. c 223 § 28B.30.140. Prior: 1909 c 97 p 249 § 17; RRS § 4597; prior: 1897 c 118 § 206; 1891 c 145 § 21. Formerly RCW 28.80.170.] 28B.30.140 Code of ethics, interest in contract, public officers and employees: Chapters 42.23, 42.52 RCW. 28B.30.150 Regents—General powers and duties. The regents of Washington State University, in addition to other duties prescribed by law, shall: (1) Have full control of the university and its property of various kinds, except as otherwise provided by law. (2) Employ the president of the university, his or her assistants, members of the faculty, and employees of the university, who, except as otherwise provided by law, shall hold their positions during the pleasure of said board of regents. (3) Establish entrance requirements for students seeking admission to the university which meet or exceed the standards specified under RCW 28B.76.290(2). Completion of examinations satisfactory to the university may be a prerequisite for entrance by any applicant, at the university’s discretion. Evidence of completion of public high schools and other educational institutions whose courses of study meet the approval of the university may be acceptable for entrance. (4) Establish such colleges, schools, or departments necessary to carry out the purpose of the university and not otherwise proscribed by law. (5) Subject to the approval of the higher education coordinating board pursuant to RCW 28B.76.230, offer new 28B.30.150 (2008 Ed.) Washington State University 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. (6) With the assistance of the faculty of the university, prescribe the courses of instruction in the various colleges, schools, and departments of the institution and publish the necessary catalogues thereof. (7) Collect such information as the board deems desirable as to the schemes of technical instruction adopted in other parts of the United States and foreign countries. (8) Provide for holding agricultural institutes including farm marketing forums. (9) Provide that instruction given in the university, as far as practicable, be conveyed by means of laboratory work and provide in connection with the university one or more physical, chemical, and biological laboratories, and suitably furnish and equip the same. (10) Provide training in military tactics for those students electing to participate therein. (11) Establish a department of elementary science and in connection therewith provide instruction in elementary mathematics, including elementary trigonometry, elementary mechanics, elementary and mechanical drawing, and land surveying. (12) Establish a department of agriculture and in connection therewith provide instruction in physics with special application of its principles to agriculture, chemistry with special application of its principles to agriculture, morphology and physiology of plants with special reference to common grown crops and fungus enemies, morphology and physiology of the lower forms of animal life, with special reference to insect pests, morphology and physiology of the higher forms of animal life and in particular of the horse, cow, sheep, and swine, agriculture with special reference to the breeding and feeding of livestock and the best mode of cultivation of farm produce, and mining and metallurgy, appointing demonstrators in each of these subjects to superintend the equipment of a laboratory and to give practical instruction therein. (13) Establish agricultural experiment stations in connection with the department of agriculture, including at least one in the western portion of the state, and appoint the officers and prescribe regulations for their management. (14) Grant to students such certificates or degrees, as recommended for such students by the faculty. (15) Confer honorary degrees upon persons other than graduates of the university in recognition of their learning or devotion to literature, art, or science when recommended thereto by the faculty: PROVIDED, That no degree shall ever be conferred in consideration of the payment of money or the giving of property of whatsoever kind. (16) Adopt plans and specifications for university buildings and facilities or improvements thereto and employ skilled architects and engineers to prepare such plans and specifications and supervise the construction of buildings or facilities which the board is authorized to erect, and fix the compensation for such services. The board shall enter into contracts with one or more contractors for such suitable buildings, facilities, or improvements as the available funds will warrant, upon the most advantageous terms offered at a public competitive letting, pursuant to public notice under (2008 Ed.) 28B.30.150 rules established by the board. The board shall require of all persons with whom they contract for construction and improvements a good and sufficient bond for the faithful performance of the work and full protection against all liens. (17) Except as otherwise provided by law, direct the disposition of all money appropriated to or belonging to the state university. (18) Receive and expend the money appropriated under the act of congress approved May 8, 1914, entitled "An Act to provide for cooperative agricultural extension work between the agricultural colleges in the several States receiving the benefits of the Act of Congress approved July 2, 1862, and Acts supplemental thereto and the United States Department of Agriculture" and organize and conduct agricultural extension work in connection with the state university in accordance with the terms and conditions expressed in the acts of congress. (19) Except as otherwise provided by law, to enter into such contracts as the regents deem essential to university purposes. (20) Acquire by lease, gift, or otherwise, lands necessary to further the work of the university or for experimental or demonstrational purposes. (21) Establish and maintain at least one agricultural experiment station in an irrigation district to conduct investigational work upon the principles and practices of irrigational agriculture including the utilization of water and its relation to soil types, crops, climatic conditions, ditch and drain construction, fertility investigations, plant disease, insect pests, marketing, farm management, utilization of fruit byproducts, and general development of agriculture under irrigation conditions. (22) Supervise and control the agricultural experiment station at Puyallup. (23) Establish and maintain at Wenatchee an agricultural experiment substation for the purpose of conducting investigational work upon the principles and practices of orchard culture, spraying, fertilization, pollenization, new fruit varieties, fruit diseases and pests, byproducts, marketing, management, and general horticultural problems. (24) Accept such gifts, grants, conveyances, devises, and bequests, whether real or personal property, in trust or otherwise, for the use or benefit of the university, its colleges, schools, or departments; and sell, lease or exchange, invest or expend the same or the proceeds, rents, profits, and income thereof except as limited by the terms of said gifts, grants, conveyances, bequests, and devises; and adopt proper rules to govern and protect the receipt and expenditure of the proceeds of all fees, and the proceeds, rents, profits, and income of all gifts, grants, conveyances, bequests, and devises. (25) Construct when the board so determines a new foundry and a mining, physical, technological building, and fabrication shop at the university, or add to the present foundry and other buildings, in order that both instruction and research be expanded to include permanent molding and die casting with a section for new fabricating techniques, especially for light metals, including magnesium and aluminum; purchase equipment for the shops and laboratories in mechanical, electrical, and civil engineering; establish a pilot plant for the extraction of alumina from native clays and other possible light metal research; purchase equipment for a [Title 28B RCW—page 109] 28B.30.200 Title 28B RCW: Higher Education research laboratory for technological research generally; and purchase equipment for research in electronics, instrumentation, energy sources, plastics, food technology, mechanics of materials, hydraulics, and similar fields. (26) Make and transmit to the governor and members of the legislature upon request such reports as will be helpful in providing for the institution. [2004 c 275 § 53; 1998 c 245 § 19; 1985 c 370 § 93; 1977 c 75 § 21; 1973 1st ex.s. c 154 § 47; 1969 ex.s. c 223 § 28B.30.150. Prior: (a) 1953 c 101 § 1, amending (i) 1909 c 97 p 244 § 4; 1897 c 118 § 193; 1890 p 263 § 8; RRS § 4575. (ii) 1949 c 115 § 1, part; 1909 c 97 p 245 § 5, part; 1897 c 118 § 194; 1891 c 145 § 4; Rem. Supp. 1949 § 4576, part. (iii) 1909 c 97 p 249 § 19; 1897 c 118 § 208; 1895 c 146 § 1; RRS § 4599. (iv) 1909 c 97 p 247 § 8; 1897 c 118 § 197; 1891 c 145 § 8; RRS § 4579. (v) 1909 c 97 p 247 § 9; 1897 c 118 § 198; 1891 c 145 § 9; RRS § 4580. (vi) 1915 c 125 § 1; RRS § 4583. (vii) 1909 c 97 p 250 § 20; 1897 c 118 § 209; 1891 c 145 § 17; RRS § 4600. (viii) 1909 c 97 p 250 § 21; 1897 c 118 § 210; 1891 c 145 § 18; RRS § 4601. (ix) 1909 c 228 § 1; RRS § 4588. (x) 1917 c 101 § 1; RRS § 4589. (xi) 1917 c 101 § 2; RRS § 4590. (xii) 1909 c 97 p 249 § 15; 1897 c 118 § 204; 1891 c 145 § 16; RRS § 4595. (xiii) 1909 c 97 p 244 § 3, part; 1897 c 118 § 192; 1891 c 145 § 3; RRS § 4574, part. (xiv) 1899 c 107 § 1; RRS § 4603. (xv) 1899 c 82 § 1; RRS § 4587. (xvi) 1937 c 25 § 1; RRS § 4579-1. (xvii) 1937 c 25 § 2; RRS § 4579-2. Formerly RCW 28.80.130. (b) 1961 c 25 § 1. Formerly RCW 28.80.135.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. 28B.30.200 Morrill act funds allotted to university. All funds granted by the United States government under the Morrill act, passed by congress and approved July 2, 1892 [1862], together with all acts amendatory thereof and supplementary thereto, for the support and in aid of colleges of agriculture and mechanic arts, as well as experiment stations and farms and extension work in agriculture and home economics in connection with colleges of agriculture and mechanic arts are hereby allotted to Washington State University. [1969 ex.s. c 223 § 28B.30.200. Prior: 1917 c 11 § 2; RRS § 4584. Formerly RCW 28.80.180.] 28B.30.200 28B.30.210 Acceptance of federal aid—1907 c 198— Assent. The state of Washington hereby assents to the purposes, terms, provisions and conditions of the grant of money provided in an act of congress approved March 16, 1906, said act being entitled "An Act to provide for an increased annual appropriation for agricultural experiment stations and regulating the expenditure thereof," and having for its purpose the more complete endowment and maintenance of agricultural experiment stations theretofore or thereafter established under an act of congress approved March 2, 1887. [1969 ex.s. c 223 § 28B.30.210. Prior: 1907 c 198 § 1; RRS § 4585. Formerly RCW 28.80.190.] 28B.30.210 28B.30.215 Acceptance of certain federal aid. Said annual sum appropriated and granted to the state of Washington in pursuance of said act of congress approved March 16, 28B.30.215 [Title 28B RCW—page 110] 1906, shall be paid as therein provided to the treasurer or other officer duly appointed by the board of regents of Washington State University at Pullman, Washington; and the board of regents of such university are hereby required to report thereon as the secretary of agriculture may prescribe. [1977 c 75 § 22; 1969 ex.s. c 223 § 28B.30.215. Prior: 1907 c 198 § 2; RRS § 4586. Formerly RCW 28.80.200.] 28B.30.220 Acceptance of federal aid—1925 ex.s. c 182. The assent of the legislature of the state of Washington to the provisions of the act of congress approved February 24, 1925, entitled "An Act to authorize the more complete endowment of agricultural experiment stations and for other purposes," is hereby given. [1969 ex.s. c 223 § 28B.30.220. Prior: 1925 ex.s. c 182 § 1. Formerly RCW 28.80.205; 28.80.190, part.] 28B.30.220 28B.30.250 University designated as recipient of all federal aid to agricultural experiment stations. The agricultural experiment stations in connection with Washington State University shall be under the direction of said board of regents of said university for the purpose of conducting experiments in agriculture according to the terms of section one of an act of congress approved March 2, 1887, and entitled "An Act to establish agricultural experiment stations in connection with the colleges established in the several states, under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto." The said university and experiment stations shall be entitled to receive all the benefits and donations made and given to similar institutions of learning in other states and territories of the United States by the legislation of the congress of the United States now in force, or that may be enacted, and particularly to the benefits and donations given by the provisions of an act of congress entitled "An Act donating public lands to the several states and territories which may provide colleges for the benefit of agricultural and mechanic arts," approved July 2, 1862, and all acts supplementary thereto, including the acts entitled "An Act to establish agricultural experiment stations in connection with colleges established in the several states under the provisions of an act approved July 2, 1862, and of the acts supplementary thereto," which said last entitled act was approved March 2, 1887; also, "An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of congress approved July 2, 1862," which said last mentioned act was approved August 30, 1890. [1969 ex.s. c 223 § 28B.30.250. Prior: 1909 c 97 p 247 § 10; RRS § 4581; prior: 1897 c 118 § 199; 1891 c 145 § 10. Formerly RCW 28.80.210.] 28B.30.250 28B.30.255 University designated as recipient of all federal aid to agricultural experiment stations—Assent to congressional grants to university. The assent of the legislature of the state of Washington is hereby given, in pursuance of the requirements of section nine of said act of congress, approved March 2, 1887, to the granting of money therein made to the establishment of experiment stations in accordance with section one of said last mentioned act, and 28B.30.255 (2008 Ed.) Washington State University assent is hereby given to carry out, within the state of Washington, every provision of said act. [1969 ex.s. c 223 § 28B.30.255. Prior: 1909 c 97 p 248 § 11; RRS § 4582; prior: 1897 c 118 § 200; 1891 c 145 § 11. Formerly RCW 28.80.220.] 28B.30.270 State treasurer receiving agent of certain federal aid—Acts enumerated. The state treasurer is designated as agent of the state of Washington to receive all federal appropriations for the land grant colleges in accordance with the following federal acts: (1) Second Morrill act, approved August 30, 1890 (26 Stat. L. 417). (2) Nelson amendment to the Morrill act making appropriations for the department of agriculture for the fiscal year ending June 30, 1908, approved March 4, 1907 (34 Stat. L. 1281). (3) Title II, section 22 of the Bankhead-Jones act, approved June 29, 1935 (49 Stat. L. 436). (4) Any subsequent federal act appropriating funds to the state of Washington or to Washington State University for a similar or related purpose. [1969 ex.s. c 223 § 28B.30.270. Prior: 1955 c 66 § 1. Formerly RCW 28.80.221.] 28B.30.270 28B.30.275 State treasurer receiving agent of certain federal aid—Morrill Fund. Upon receipt of the federal grant pursuant to federal statutes, the treasurer shall deposit the same in a special trust fund to be designated "Morrill Fund" which is hereby created for the use of the designated land grant college in the teaching of agriculture and mechanic art. [1969 ex.s. c 223 § 28B.30.275. Prior: 1955 c 66 § 2. Formerly RCW 28.80.222.] 28B.30.275 28B.30.280 State treasurer receiving agent of certain federal aid—Withdrawals. The board of regents of Washington State University may authorize the treasurer or comptroller of Washington State University to withdraw such federal grants for the use of the university for the purposes of such grant and in accordance with state law. [1969 ex.s. c 223 § 28B.30.280. Prior: 1955 c 66 § 3. Formerly RCW 28.80.223.] 28B.30.280 28B.30.285 State treasurer receiving agent of certain federal aid—Trust funds not subject to appropriation. All federal grants received by the state treasurer pursuant to RCW 28B.30.270 shall be deemed trust funds under the control of the state treasurer and not subject to appropriation by the legislature. [1969 ex.s. c 223 § 28B.30.285. Prior: 1955 c 66 § 4. Formerly RCW 28.80.224.] 28B.30.285 28B.30.300 State treasurer to report annually on university assets held in trust. It shall be the duty of the state treasurer to make a report to the board of regents of Washington State University on or as soon as practicable after the close of each fiscal year, which shall contain a complete detailed statement as to the status of any university assets held in trust by the treasurer and the annual income therefrom. [1977 c 75 § 23; 1969 ex.s. c 223 § 28B.30.300. Prior: 1899 c 9 § 2; RRS § 7850. Formerly RCW 28.80.230.] 28B.30.300 College funds: RCW 43.79.100 through 43.79.140. (2008 Ed.) 28B.30.355 28B.30.310 Department of natural resources to report annually on university trust lands transactions. It shall be the duty of the department of natural resources to make a report to the board of regents of Washington State University on or as soon as practicable after the close of each fiscal year, which shall contain a complete detailed statement of the current status of trust land sale contracts and income for the university from trust lands managed by the department. [1988 c 128 § 6; 1977 c 75 § 24; 1969 ex.s. c 223 § 28B.30.310. Prior: 1899 c 9 § 1; RRS § 7849. Formerly RCW 28.80.240.] 28B.30.310 28B.30.325 Lease of lands with outdoor recreation potential—Restrictions—Unlawful to use posted lands. (1) Any lease of public lands with outdoor recreation potential authorized by the regents of Washington State University shall be open and available to the public for compatible recreational use unless the regents of Washington State University determine that the leased land should be closed in order to prevent damage to crops or other land cover, to improvements on the land, to the lessee, or to the general public or is necessary to avoid undue interference with carrying forward a university program. Any lessee may file an application with the regents of Washington State University to close the leased land to any public use. The regents shall cause written notice of the impending closure to be posted in a conspicuous place in the university’s business office, and in the office of the county auditor in which the land is located thirty days prior to the public hearing. This notice shall state the parcel or parcels involved and shall indicate the time and place of the public hearing. Upon a determination by the regents that posting is not necessary, the lessee shall desist from posting. Upon a determination by the regents that posting is necessary, the lessee shall post his leased premises so as to prohibit recreational uses thereon. In the event any such lands are so posted, it shall be unlawful for any person to hunt or fish, or for any person other than the lessee or his immediate family to use such posted land for recreational purposes. (2) The regents of Washington State University may insert the provisions of subsection (1) of this section in all leases hereafter issued. [1969 ex.s. c 46 § 4. Formerly RCW 28.80.246.] 28B.30.325 28B.30.350 Medical, health and hospital service— Authorized. The board of regents of Washington State University is hereby granted authority to enter into such contracts, leases, or agreements as may be necessary to provide adequate medical, health, and hospital service for students of Washington State University and the people of the surrounding community and to provide adequate practice facilities for students enrolled in nursing courses. [1969 ex.s. c 223 § 28B.30.350. Prior: 1947 c 95 § 1; Rem. Supp. 1947 § 460320. Formerly RCW 28.80.250.] 28B.30.350 28B.30.355 Medical, health and hospital service— Leases, contracts and agreements. The board of regents may lease lands, buildings, or other facilities from or to nonprofit corporations or associations, and may enter into such contracts and agreements with such units, agencies, corporations, or associations as will promote the intents and purposes of RCW 28B.30.350. [1969 ex.s. c 223 § 28B.30.355. Prior: 28B.30.355 [Title 28B RCW—page 111] 28B.30.499 Title 28B RCW: Higher Education 1947 c 95 § 2; Rem. Supp. 1947 § 4603-21. Formerly RCW 28.80.260.] 28B.30.499 High-technology education and training. See chapter 28B.65 RCW. affected, and such finding or determination shall not affect the operation of the remainder of RCW 28B.30.530 in its application to the agencies concerned. [1984 c 77 § 2.] 28B.30.499 28B.30.500 Masters and doctorate level degrees in technology authorized—Review by higher education coordinating board. The board of regents of Washington State University may offer masters level and doctorate level degrees in technology subject to review and approval by the higher education coordinating board. [1985 c 370 § 83; 1983 1st ex.s. c 72 § 12.] 28B.30.500 Effective date—Short title—1983 1st ex.s. c 72: See RCW 28B.65.905 and 28B.65.900. 28B.30.520 Statewide off-campus telecommunications system—Authorized—Purpose, education in hightechnology fields—Availability of facilities. The board of regents of Washington State University is hereby authorized to establish a statewide off-campus telecommunications system to provide for graduate and continuing education in hightechnology fields to citizens of the state of Washington. The statewide telecommunications system shall be administered by Washington State University with the advice of the hightechnology coordinating board. Washington State University shall make the facilities of the statewide telecommunications system available to other institutions of higher education when specific program needs so require. [1983 1st ex.s. c 72 § 14.] 28B.30.520 Effective date—Short title—1983 1st ex.s. c 72: See RCW 28B.65.905 and 28B.65.900. 28B.30.530 Small business development center— Services—Use of funds. (1) The board of regents of Washington State University shall establish the Washington State University small business development center. (2) The center shall provide management and technical assistance including but not limited to training, counseling, and research services to small businesses throughout the state. The center shall work with public and private community development and economic assistance agencies and shall work towards the goal of coordinating activities with such agencies to avoid duplication of services. (3) The administrator of the center may contract with other public or private entities for the provision of specialized services. (4) The small business and development center may accept and disburse federal grants or federal matching funds or other funds or donations from any source when made, granted, or donated to carry out the center’s purposes. [1984 c 77 § 1.] 28B.30.530 28B.30.533 Construction of RCW 28B.30.530—Conflict with federal requirements. If any part of RCW 28B.30.530 is found to be in conflict with federal requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of RCW 28B.30.530 is hereby declared to be inoperative solely to the extent of the conflict and with respect to the agencies directly 28B.30.533 [Title 28B RCW—page 112] 28B.30.535 International marketing program for agricultural commodities and trade (IMPACT) center created—Primary functions. There is created an international marketing program for agricultural commodities and trade (IMPACT) center at Washington State University. In carrying out each of its responsibilities under RCW 28B.30.537, the primary functions of the center shall be: Providing practical solutions to marketing-related problems; and developing and disseminating information which is directly applicable to the marketing of agricultural commodities and goods from this state in foreign countries or to introducing the production of commodities and goods in this state for marketing in foreign countries. [1985 c 39 § 1; 1984 c 57 § 1.] 28B.30.535 Effective date—1985 c 39: "This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect June 30, 1985." [1985 c 39 § 10.] 28B.30.537 IMPACT center—Duties. The IMPACT center shall: (1) Coordinate the teaching, research, and extension expertise of the college of agriculture and home economics at Washington State University to assist in: (a) The design and development of information and strategies to expand the long-term international markets for Washington agricultural products; and (b) The dissemination of such information and strategies to Washington exporters, overseas users, and public and private trade organizations; (2) Research and identify current impediments to increased exports of Washington agricultural products, and determine methods of surmounting those impediments and opportunities for exporting new agricultural products and commodities to foreign markets; (3) Prepare curricula to present and distribute information concerning international trade in agricultural commodities and products to students, exporters, international traders, and the public; (4) Provide high-quality research and graduate education and professional nondegree training in international trade in agricultural commodities in cooperation with other existing programs; (5) Ensure that activities of the center adequately reflect the objectives for the state’s agricultural market development programs established by the department of agriculture as the lead state agency for such programs under chapter 43.23 RCW; and (6) Link itself through cooperative agreements with the center for international trade in forest products at the University of Washington, the state department of agriculture, the department of community, trade, and economic development, Washington’s agriculture businesses and associations, and other state agency data collection, processing, and dissemination efforts. [1998 c 245 § 20; 1995 c 399 § 28. Prior: 1987 c 505 § 14; 1987 c 195 § 3; 1985 c 39 § 2; 1984 c 57 § 2.] 28B.30.537 Effective date—1985 c 39: See note following RCW 28B.30.535. (2008 Ed.) Washington State University 28B.30.539 IMPACT center—Director. The IMPACT center shall be administered by a director appointed by the dean of the college of agriculture and home economics of Washington State University. [1985 c 39 § 3; 1984 c 57 § 3.] 28B.30.539 Effective date—1985 c 39: See note following RCW 28B.30.535. 28B.30.541 IMPACT center—Use of research and services—Fees. The governor, the legislature, state agencies, and the public may use the IMPACT center’s trade policy research and advisory services as may be needed. The IMPACT center shall establish a schedule of fees for actual services rendered. [1985 c 39 § 4; 1984 c 57 § 6.] 28B.30.541 Effective date—1985 c 39: See note following RCW 28B.30.535. 28B.30.543 IMPACT center—Contributions and support. The IMPACT center shall aggressively solicit financial contributions and support from nonstate sources, including the agricultural industries and producer organizations and individuals, to help fund its research and education programs, and shall use previously appropriated funds of Washington State University and existing resources as much as is possible to further the center’s activities. [1985 c 39 § 5; 1984 c 57 § 7.] 28B.30.543 Effective date—1985 c 39: See note following RCW 28B.30.535. 28B.30.600 Tree fruit research center facility, financing—Bonds, authorization conditional—Amount—Discharge. For the purpose of funding and providing the planning, construction, furnishing and equipping, together with all improvements thereon, of an office-laboratory facility at Washington State University Tree Fruit Research Center, the state finance committee is authorized to issue general obligation bonds of the state of Washington in the sum of one million nine hundred fifty thousand dollars, or so much thereof as may be required, to finance the project defined in RCW 28B.30.600 through 28B.30.619 as now or hereafter amended and all costs incidental thereto, but only if the state finance committee determines that the interest on the bonds will be exempt from federal income tax. Such bonds shall be paid and discharged within thirty years of the date of issuance in accordance with Article VIII, section 1 of the state Constitution. [1977 c 32 § 1; 1975 1st ex.s. c 109 § 1; 1974 ex.s. c 109 § 1.] 28B.30.600 Severability—1975 1st ex.s. c 109: "If any provision of this 1975 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 109 § 7.] Severability—1974 ex.s. c 109: "If any provision of this 1974 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1974 ex.s. c 109 § 14.] 28B.30.608 None of the bonds herein authorized shall be sold for less than the par value thereof. The committee may provide that the bonds, or any of them, may be called prior to the maturity date thereof under such terms, conditions, and provisions as it may determine and may authorize the use of facsimile signatures in the issuance of such bonds and notes, if any. Such bonds shall be payable at such places as the committee may provide. [1974 ex.s. c 109 § 2.] Severability—1974 ex.s. c 109: See note following RCW 28B.30.600. 28B.30.604 Tree fruit research center facility, financing—Anticipation notes authorized—Use of proceeds. At the time the state finance committee determines to issue such bonds or a portion thereof, it may, pending the issuance of such bonds, issue, in the name of the state, temporary notes in anticipation of the money to be derived from the sale of the bonds, which notes shall be designated as "anticipation notes". The proceeds from the sale of bonds and notes authorized by RCW 28B.30.600 through 28B.30.619 shall be used exclusively for the purposes specified in RCW 28B.30.600 through 28B.30.619 and for the payment of expenses incurred in the issuance and sale of bonds: PROVIDED, That such portion of the proceeds of the sale of such bonds as may be required for the payment of the principal and interest on such anticipation notes as have been issued, shall be deposited in the bond redemption fund created in RCW 28B.30.610. [1980 c 32 § 5; 1975 1st ex.s. c 109 § 2; 1974 ex.s. c 109 § 3.] 28B.30.604 Severability—1975 1st ex.s. c 109: See note following RCW 28B.30.600. Severability—1974 ex.s. c 109: See note following RCW 28B.30.600. 28B.30.606 Tree fruit research center facility, financing—Administration of proceeds from sale of bonds or notes—Investment of surplus funds. The principal proceeds from the sale of the bonds or notes deposited in the office-laboratory construction account of the general fund shall be administered by Washington State University. Whenever there is a surplus of funds available in the officelaboratory construction account of the general fund to meet current expenditures payable therefrom, the state finance committee may invest such portion of said funds as the university deems appropriate in securities issued by the United States or agencies of the United States government as defined by RCW 43.84.080 (1) and (4). All income received from such investments shall be deposited to the credit of the bond retirement fund created in RCW 28B.30.610. [1975 1st ex.s. c 109 § 3; 1974 ex.s. c 109 § 4.] 28B.30.606 Severability—1975 1st ex.s. c 109: See note following RCW 28B.30.600. Severability—1974 ex.s. c 109: See note following RCW 28B.30.600. 28B.30.602 Tree fruit research center facility, financing—Bonds, committee to control issuance, sale and retirement of. The issuance, sale and retirement of said bonds shall be under the supervision and control of the state finance committee. The committee is authorized to prescribe the form, terms, conditions, and covenants of the bonds, the time or times of sale of all or any portion of them, and the conditions and manner of their sale, issuance and redemption. 28B.30.602 (2008 Ed.) 28B.30.608 Tree fruit research center facility, financing—Security for bonds issued. Bonds issued under the provisions of RCW 28B.30.600 through 28B.30.619 as now or hereafter amended shall state that they are a general obligation of the state of Washington, shall pledge the full faith and credit of the state to the payment of the principal thereof and the interest thereon, and shall contain an unconditional 28B.30.608 [Title 28B RCW—page 113] 28B.30.610 Title 28B RCW: Higher Education promise to pay such principal and interest as the same shall become due. [1977 c 32 § 2; 1974 ex.s. c 109 § 5.] Severability—1974 ex.s. c 109: See note following RCW 28B.30.600. 28B.30.610 Tree fruit research center facility, financing—Office-laboratory facilities bond redemption fund created, use. The office-laboratory facilities bond redemption fund is hereby created in the state treasury, which fund shall be exclusively devoted to the payment of the principal of and interest on the bonds and notes authorized by RCW 28B.30.600 through 28B.30.619. The state finance committee, shall, on or before June 30th of each year, certify to the state treasurer the amount needed in the ensuing twelve months to meet such bond retirement and interest requirements which may exceed cash available in the bond redemption fund from rental revenues, and on July 1st of each year the state treasurer shall deposit such amount in the office-laboratory facilities bond redemption fund from any general state revenues received in the state treasury and certified by the state treasurer to be general state revenues. [1975 1st ex.s. c 109 § 4; 1974 ex.s. c 109 § 6.] 28B.30.610 Severability—1975 1st ex.s. c 109: See note following RCW 28B.30.600. Severability—1974 ex.s. c 109: See note following RCW 28B.30.600. 28B.30.612 Tree fruit research center facility, financing—Rights of owner and holder of bonds. The owner and holder of any of the bonds authorized by RCW 28B.30.600 through 28B.30.619 may by a mandamus or other appropriate proceeding require the transfer and payment of funds as directed herein. [1974 ex.s. c 109 § 7.] 28B.30.612 28B.30.616 28B.30.616 Tree fruit research center facility, financing—Bonds, legislature may provide additional means for payment. The legislature may provide additional means for raising moneys for the payment of the principal of and interest on the bonds authorized in RCW 28B.30.600 through 28B.30.619, and RCW 28B.30.600 through 28B.30.619 shall not be deemed to provide an exclusive method for such payments. [1974 ex.s. c 109 § 9.] Severability—1974 ex.s. c 109: See note following RCW 28B.30.600. 28B.30.618 28B.30.618 Tree fruit research center facility, financing—Bonds as legal investment for public funds. The bonds authorized in RCW 28B.30.600 through 28B.30.619 shall be a legal investment for all state funds or funds under state control and for all funds of any other public body. [1974 ex.s. c 109 § 10.] Severability—1974 ex.s. c 109: See note following RCW 28B.30.600. 28B.30.619 28B.30.619 Tree fruit research center facility, financing—Appropriation. There is hereby appropriated to Washington State University from the office-laboratory construction account of the general fund, out of the sale of the bonds or notes authorized by RCW 28B.30.600 through 28B.30.619, the sum of one million nine hundred fifty thousand dollars, or such lesser amount as may be required, to finance the planning, construction, furnishing and equipping, together with all improvements thereon, of the facility authorized by RCW 28B.30.600 through 28B.30.619. [1975 1st ex.s. c 109 § 6; 1974 ex.s. c 109 § 11.] Severability—1974 ex.s. c 109: See note following RCW 28B.30.600. Severability—1975 1st ex.s. c 109: See note following RCW 28B.30.600. 28B.30.614 Tree fruit research center facility, financing—Lease agreement prerequisite to sale of bonds—Disposition of lease payments. None of the bonds authorized in RCW 28B.30.600 through 28B.30.619 as now or hereafter amended shall be sold unless a long-term lease agreement shall be entered into between Washington State University and the general services administration of the federal government providing for the occupancy of this facility by the United States Department of Agriculture and the National Weather Service for tree fruit research similar to the research performed at the Washington State University Tree Fruit Center. The lease payments by the federal government shall be in an amount at least equal to the amount required to provide for the amortization of the principal of and interest on the bonds authorized by RCW 28B.30.600 through 28B.30.619 as now or hereafter amended as certified by the state finance committee, in addition to custodial, maintenance and utility services costs. A portion of the annual lease payments received by the university equal to the amount required for payment of the principal and interest on the bonds shall be forthwith remitted by the university and deposited in the state treasury to the credit of the state general fund. [1977 c 32 § 3; 1975 1st ex.s. c 109 § 5; 1974 ex.s. c 109 § 8.] Severability—1974 ex.s. c 109: See note following RCW 28B.30.600. 28B.30.614 Severability—1975 1st ex.s. c 109: See note following RCW 28B.30.600. Severability—1974 ex.s. c 109: See note following RCW 28B.30.600. [Title 28B RCW—page 114] 28B.30.620 28B.30.620 Tree fruit research center facility, financing—Alternatives authorized. In the event the state finance committee determines that interest on the bonds authorized in RCW 28B.30.600 through 28B.30.619 as now or hereafter amended will not be exempt from federal income tax, Washington State University may issue its revenue bonds as provided in RCW 28B.10.300 through 28B.10.325 to pay the cost of the facilities authorized by RCW 28B.30.600 as now or hereafter amended, and the lease rental received from the federal government shall be retained by the university instead of being deposited in the state treasury as provided by RCW 28B.30.614 as now or hereafter amended. In addition to the authority granted to the state treasurer by *RCW 43.84.100, with the consent of the state finance committee the state treasurer may make a loan from funds in the state treasury in the manner generally prescribed by *RCW 43.84.100 to the local construction fund established by Washington State University for the office-laboratory b uil din g a ut ho r iz e d by RC W 28 B .3 0 . 60 0 th ro u gh 28B.30.619 as now or hereafter amended, should a determination be made for Washington State University to issue revenue bonds. [1977 c 32 § 4.] *Reviser’s note: RCW 43.84.100 was repealed by 1985 c 57 § 90, effective July 1, 1985. (2008 Ed.) Washington State University 28B.30.630 Puget Sound water quality field agents program—Definitions. As used in RCW 28B.30.630 through 28B.30.638 the following definitions apply: (1) "Sea grant" means the Washington state sea grant program. (2) "Cooperative extension" means the cooperative extension service of Washington State University. [1990 c 289 § 1.] 28B.30.630 28B.30.632 Puget Sound water quality field agents program—Local field agents. (1) The sea grant and cooperative extension shall jointly administer a program to provide field agents to work with local governments, property owners, and the general public to increase the propagation of shellfish, and to address Puget Sound water quality problems within Kitsap, Mason, and Jefferson counties that may limit shellfish propagation potential. The sea grant and cooperative extension shall each make available the services of no less than two agents within these counties for the purposes of this section. (2) The responsibilities of the field agents shall include but not be limited to the following: (a) Provide technical assistance to property owners, marine industry owners and operators, and others, regarding methods and practices to address nonpoint and point sources of pollution of Puget Sound; (b) Provide technical assistance to address water quality problems limiting opportunities for enhancing the recreational harvest of shellfish; (c) Provide technical assistance in the management and increased production of shellfish to facility operators or to those interested in establishing an operation; (d) Assist local governments to develop and implement education and public involvement activities related to Puget Sound water quality; (e) Assist in coordinating local water quality programs with region-wide and statewide programs; (f) Provide information and assistance to local watershed committees. (3) The sea grant and cooperative extension shall mutually coordinate their field agent activities to avoid duplicative efforts and to ensure that the full range of responsibilities under RCW 28B.30.632 through *28B.30.636 are carried out. They shall consult with the Puget Sound partnership, created in RCW 90.71.210, and ensure consistency with any of the Puget Sound partnership’s water quality management plans. (4) Recognizing the special expertise of both agencies, the sea grant and cooperative extension shall cooperate to divide their activities as follows: (a) Sea grant shall have primary responsibility to address water quality issues related to activities within Puget Sound, and to provide assistance regarding the management and improvement of shellfish production; and (b) Cooperative extension shall have primary responsibility to address upland and freshwater activities affecting Puget Sound water quality and associated watersheds. [2007 c 341 § 64; 1990 c 289 § 2.] 28B.30.632 28B.30.642 28B.30.634 Puget Sound water quality field agents program—Matching requirements. Sea grant and cooperative extension shall require a match from nonstate sources of at least twenty-five percent of the cost of the services provided, and not exceeding fifty percent of the cost. The match may be either monetary compensation or in-kind services, such as the provision for office space or clerical support. Only direct costs of providing the services, excluding costs of administrative overhead, may be included in the estimate of costs. [1990 c 289 § 3.] 28B.30.634 28B.30.638 Puget Sound water quality field agents program—Captions not law. Captions as used in RCW 28B.30.630 through 28B.30.638 constitute no part of the law. [1990 c 289 § 7.] 28B.30.638 28B.30.640 Climate and rural energy development center—Definitions. The definitions in this section apply throughout RCW 28B.30.642 and 28B.30.644 unless the context clearly requires otherwise. (1) "Center" means the Washington climate and rural energy development center. (2) "Clean energy activities" means: (a) Activities related to renewable resources including electricity generation facilities fueled by water, wind, solar energy, geothermal energy, landfill gas, or bioenergy; (b) programs and industries promoting research, development, or commercialization of fuel cells and qualified alternative energy resources as defined in RCW 19.29A.090; (c) energy efficiency measures or technologies; and (d) technologies designed to significantly reduce the use of or emissions from motor vehicle fuels. (3) "Climate change" means a change of climate attributed directly or indirectly to human activity that alters the composition of the global atmosphere. [2002 c 250 § 2.] 28B.30.640 Findings—2002 c 250: "The legislature makes the following findings: (1) A vast and growing body of research and information about changes to our global, national, and regional climates is being produced by a variety of sources. (2) Much of this research and information holds important value in helping scientists, citizens, businesses, and public policymakers understand how Washington may be affected by these changes. (3) It is in the public interest to support efforts to promote discussion and understanding of the potential effects of climate change on Washington’s water supply, agriculture, natural resources, coastal infrastructure, public health, and economy, and to encourage the formulation of sound recommendations for avoiding, mitigating, and responding to those effects. (4) The state should support the establishment of a central clearinghouse to serve as an impartial, unbiased source of credible and reliable information about climate change for the public." [2002 c 250 § 1.] Effective date—2002 c 250: "This act takes effect July 1, 2002." [2002 c 250 § 6.] *Reviser’s note: RCW 28B.30.636 was repealed by 1998 c 245 § 176. 28B.30.642 Climate and rural energy development center—Authorized. The legislature authorizes the establishment of the Washington climate and rural energy development center in the Washington State University energy program to serve as a central, nonregulatory clearinghouse of credible and reliable information addressing various aspects of climate change and clean energy activities. [2002 c 250 § 3.] Severability—Effective date—2007 c 341: See RCW 90.71.906 and 90.71.907. Findings—Effective date—2002 c 250: See notes following RCW 28B.30.640. (2008 Ed.) 28B.30.642 [Title 28B RCW—page 115] 28B.30.644 Title 28B RCW: Higher Education 28B.30.644 Climate and rural energy development center—Funding. The center shall be funded through grants, and voluntary monetary and in-kind contributions. [2002 c 250 § 4.] 28B.30.644 Findings—Effective date—2002 c 250: See notes following RCW 28B.30.640. FINANCING BUILDINGS AND FACILITIES—1961 ACT 28B.30.700 Construction, remodeling, improvement, financing through bonds, authorized. The board of regents of Washington State University is empowered, in accordance wi t h t h e p r o v i si o n s o f R C W 2 8 B . 3 0 . 7 0 0 th r o u g h 28B.30.780, to provide for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of buildings and facilities authorized by the legislature for the use of the university and to finance the payment thereof by bonds payable out of a special fund from revenues hereafter derived from the payment of building fees, gifts, bequests or grants, and such additional funds as the legislature may provide. [1985 c 390 § 41; 1969 ex.s. c 223 § 28B.30.700. Prior: 1961 ex.s. c 12 § 1. Formerly RCW 28.80.500.] 28B.30.700 Chapter not to repeal, override, or limit other statutes or actions: RCW 28B.31.100. 28B.30.710 Definitions. The following terms, whenever used or referred to in RCW 28B.30.700 through 28B.30.780, shall have the following meaning, excepting in those instances where the context clearly indicates otherwise: (1) The word "board" means the board of regents of Washington State University. (2) The words "building fees" mean the building fees charged students registering at the university, but shall not mean 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 university, 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 fund" mean the special fund created by RCW 28B.30.700 through 28B.30.780, to be known as the Washington State University bond retirement fund. (4) The word "bonds" means the bonds payable out of the bond retirement fund. (5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of the university authorized by the legislature at any time and to be financed by the issuance and sale of bonds. [1985 c 390 § 42; 1969 ex.s. c 223 § 28B.30.710. Prior: 1961 ex.s. c 12 § 2. Formerly RCW 28.80.510.] 28B.30.710 Revenue bonds for construction of buildings and acquisition of facilities: RCW 28B.10.300 through 28B.10.330. 28B.30.720 Contracts, issuance of evidences of indebtedness, bonds, acceptance of grants. In addition to the powers conferred under existing law, the board is authorized and shall have the power: 28B.30.720 [Title 28B RCW—page 116] (1) To contract for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of such buildings or other facilities of the university as are or may be authorized by the legislature. (2) To finance the same by the issuance of bonds secured by the pledge of any or all of the revenues and receipts of the bond retirement fund. (3) Without limitation of the foregoing, to accept grants from the United States government, or any federal or state agency or instrumentality, or any public or private corporation, association, or person to aid in defraying the costs of any such projects. [1969 ex.s. c 223 § 28B.30.720. Prior: 1963 c 182 § 3; 1961 ex.s. c 12 § 3. Formerly RCW 28.80.520.] Chapter not to repeal, override, or limit other statutes or actions: RCW 28B.31.100. 28B.30.730 Bonds—Issuance, sale, form, term, interest—Covenants—Deposit of proceeds. For the purpose of financing the cost of any projects, the board is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the issuance, sale and delivery of the bonds or any part thereof at such time or times as it shall deem necessary and advisable. Said bonds: (1) Shall not constitute (a) An obligation, either general or special, of the state; or (b) A general obligation of Washington State University or of the board; (2) Shall be (a) Either registered or in coupon form; and (b) Issued in denominations of not less than one hundred dollars; and (c) Fully negotiable instruments under the laws of this state; and (d) Signed on behalf of the university by the president of the board, attested by the secretary or the treasurer of the board, have the seal of the university impressed thereon or a facsimile of such seal printed or lithographed in the bottom border thereof, and the coupons attached thereto shall be signed with the facsimile signatures of such president and secretary; (3) Shall state (a) The date of issue; and (b) The series of the issue and be consecutively numbered within the series; and (c) That the bond is payable both principal and interest solely out of the bond retirement fund; (4) Each series of bonds shall bear interest, payable either annually or semiannually, as the board may determine; (5) Shall be payable both principal and interest out of the bond retirement fund; (6) Shall be payable at such times over a period of not to exceed forty years from date of issuance, at such place or places, and with such reserved rights of prior redemption, as the board may prescribe; (7) Shall be sold in such manner and at such price as the board may prescribe; (8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding 28B.30.730 (2008 Ed.) Washington State University such payment, not inconsistent with RCW 28B.30.700 through 28B.30.780, and as found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to: (a) A covenant that the building fees shall be established, maintained and collected in such amounts that will provide money sufficient to pay the principal of and interest on all bonds payable out of the bond retirement account, to set aside and maintain the reserves required to secure the payment of such principal and interest, and to maintain any coverage which may be required over such principal and interest; (b) A covenant that a reserve account shall be created in the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made that certain amounts be set aside and maintained therein; (c) A covenant that sufficient moneys may be transferred from the Washington State University building account to the bond retirement account when ordered by the board of regents in the event there is ever an insufficient amount of money in the bond retirement account to pay any installment of interest or principal and interest coming due on the bonds or any of them; (d) A covenant fixing conditions under which bonds on a parity with any bonds outstanding may be issued. The proceeds of the sale of all bonds shall be deposited in the state treasury to the credit of the Washington State University building account and shall be used solely for paying the costs of the projects. The Washington State University building account shall be credited with the investment income derived pursuant to RCW 43.84.080 on the investable balances of scientific permanent fund and agricultural permanent fund, less the allocation to the state treasurer’s service fund pursuant to RCW 43.08.190. During the 2001-2003 fiscal biennium, the legislature may transfer from the Washington State University building account to the state general fund such amounts as reflect the excess fund balance of the account. [2002 c 238 § 302; 1991 sp.s. c 13 § 50; 1985 c 390 § 43; 1972 ex.s. c 25 § 2; 1970 ex.s. c 56 § 28; 1969 ex.s. c 232 § 102; 1969 ex.s. c 223 § 28B.30.730. Prior: 1961 ex.s. c 12 § 4. Formerly RCW 28.80.530.] Severability—2002 c 238: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [2002 c 238 § 307.] Effective date—2002 c 238: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 28, 2002]." [2002 c 238 § 308.] Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. Chapter not to repeal, override, or limit other statutes or actions: RCW 28B.31.100. 28B.30.740 Washington State University bond retirement fund—Composition—Pledge of building fees. For the purpose of paying and securing the payment of the principal of and interest on the bonds as the same shall become due, there shall be paid into the state treasury and credited to a special trust fund to be known as the Washington State Univer28B.30.740 (2008 Ed.) 28B.30.742 sity bond retirement fund, which fund is hereby created in the state treasury, the following: (1) One-half of such building fees as the board may from time to time determine, or such larger portion as may be necessary to prevent default in the payments required to be made out of the bond retirement fund; (2) Any grants which may be made, or may become available, for the purpose of furthering the construction of any authorized projects, or for the repayment of the costs thereof; (3) Such additional funds as the legislature may provide. Said bond retirement fund shall be kept segregated from all moneys in the state treasury and shall, while any of such bonds or any interest thereon remain unpaid, be available solely for the payment thereof except as provided in subdivision (5) of RCW 28B.30.750. As a part of the contract of sale of such bonds, the board shall undertake to charge and collect building fees and to deposit the portion of such fees in the bond retirement fund in amounts which will be sufficient to pay the principal of, and interest on all such bonds outstanding. [1985 c 390 § 44; 1969 ex.s. c 223 § 28B.30.740. Prior: 1961 ex.s. c 12 § 5. Formerly RCW 28.80.540.] Chapter not to repeal, override, or limit other statutes or actions: RCW 28B.31.100. 28B.30.741 Washington State University bond retirement fund—Disposition of certain revenues from scientific school lands. All moneys received from the lease or rental of lands set apart by the enabling act for a scientific school; all interest or income arising from the proceeds of the sale of such lands or of the timber, fallen timber, stone, gravel or other valuable material thereon, except for investment income derived pursuant to RCW 43.84.080 and, less the allocation to the state investment board expense account pursuant to RCW 43.33A.160; and all moneys received as interest on deferred payments on contracts for the sale of such lands shall be deposited in the "Washington State University bond retirement fund" to be expended for the purposes set forth in RCW 28B.30.740. [1991 sp.s. c 13 § 76; 1969 ex.s. c 223 § 28B.30.741. Prior: 1965 c 77 § 1. Formerly RCW 28.80.541.] 28B.30.741 Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Chapter not to repeal, override, or limit other statutes or actions: RCW 28B.31.100. 28B.30.742 Washington State University bond retirement fund—Disposition of certain revenues from agricultural college lands. Whenever federal law shall permit all moneys received from the lease or rental of lands set apart by the enabling act for an agricultural college, all interest or income arising from the proceeds of the sale of such lands or of the timber, fallen timber, stone, gravel or other valuable material thereon, except for investment income derived pursuant to RCW 43.84.080 and, less the allocation to the state investment board expense account pursuant to RCW 43.33A.160; and all moneys received as interest on deferred payments on contracts for the sale of such lands shall be deposited in the Washington State University bond retirement fund to be expended for the purposes set forth in RCW 28B.30.740. [1991 sp.s. c 13 § 77; 1969 ex.s. c 223 § 28B.30.742 [Title 28B RCW—page 117] 28B.30.750 Title 28B RCW: Higher Education 28B.30.742. Prior: 1965 c 77 § 2. Formerly RCW 28.80.542.] Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Chapter not to repeal, override, or limit other statutes or actions: RCW 28B.31.100. 28B.30.750 Additional powers of board—Issuance of bonds, investments, transfer of funds, etc. The board is hereby empowered: (1) To reserve the right to issue bonds later on a parity with any bonds being issued; (2) To authorize the investing of moneys in the bond retirement fund and any reserve account therein; (3) To authorize the transfer of money from the Washington State University building account to the bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund; (4) To create a reserve account or accounts in the bond retirement fund to secure the payment of the principal of and interest on any bonds; (5) To authorize the transfer to the Washington State University building account of any money on deposit in the bond retirement fund in excess of debt service for a period of three years from the date of such transfer on all outstanding bonds payable out of such fund. [1969 ex.s. c 223 § 28B.30.750. Prior: 1961 ex.s. c 12 § 6. Formerly RCW 28.80.550.] 28B.30.750 Chapter not to repeal, override, or limit other statutes or actions: RCW 28B.31.100. 28B.30.760 Refunding bonds. The board is hereby empowered to issue refunding bonds to provide funds to refund any or all outstanding bonds payable from the bond retirement fund and to pay any redemption premium payable on such outstanding bonds being refunded. Such refunding bonds may be issued in the manner and on terms and conditions and with the covenants permitted by RCW 28B.30.700 through 28B.30.780 for the issuance of bonds. The refunding bonds shall be payable out of the bond retirement fund and shall not constitute an obligation either general or special, of the state or a general obligation of Washington State University or the board. The board may exchange the refunding bonds at par for the bonds which are being refunded or may sell them in such manner, at such price and at such rate or rates of interest as it deems for the best interest of the university. [1970 ex.s. c 56 § 29; 1969 ex.s. c 232 § 103; 1969 ex.s. c 223 § 28B.30.760. Prior: 1961 ex.s. c 12 § 7. Formerly RCW 28.80.560.] 28B.30.760 Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. Chapter not to repeal, override, or limit other statutes or actions: RCW 28B.31.100. for their payment. The legislature may provide additional means for raising money for the payment of interest and principal of said bonds. RCW 28B.30.700 through 28B.30.780 shall not be deemed to provide an exclusive method for such payment. The power given to the legislature by this section to provide additional means for raising money is permissive, and shall not in any way be construed as a pledge of the general credit of the state of Washington. [1969 ex.s. c 223 § 28B.30.770. Prior: 1961 ex.s. c 12 § 8. Formerly RCW 28.80.570.] Chapter not to repeal, override, or limit other statutes or actions: RCW 28B.31.100. 28B.30.780 Other laws not repealed or limited. RCW 28B.30.700 through 28B.30.780 is concurrent with other legislation with reference to providing funds for the construction of buildings at Washington State University, and is not to be construed as repealing or limiting any existing provision of law with reference thereto. [1969 ex.s. c 223 § 28B.30.780. Prior: 1961 ex.s. c 12 § 9. Formerly RCW 28.80.580.] 28B.30.780 Chapter not to repeal, override, or limit other statutes or actions: RCW 28B.31.100. 28B.30.800 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College. See RCW 28B.10.300 through 28B.10.330. 28B.30.800 28B.30.810 Dairy/forage and agricultural research facility—Rainier school farm—Revolving fund—Lease of herd, lands, authorized. (1) Washington State University shall establish and operate a dairy/forage and agricultural research facility at the Rainier school farm. (2) Local funds generated through operation of this facility shall be managed in a revolving fund, established herewith, by the university. This fund shall consist of all moneys received in connection with the operation of the facility and any moneys appropriated to the fund by law. Disbursements from the revolving fund shall be on authorization of the president of the university or the president’s designee. In order to maintain an effective expenditure and revenue control, this fund, to be known as the dairy/forage facility revolving fund, shall be subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit expenditures and payment of obligations from the fund. (3) In the event state funding is not sufficient to operate the dairy cattle herd, the university is authorized to lease the herd, together with the land necessary to maintain the same, for such period and upon such terms as the university board of regents shall deem proper. [1988 c 57 § 1; 1981 c 238 § 4.] 28B.30.810 Effective date—Savings—Liabilities, rights, actions, contracts— 1981 c 238: See notes following RCW 72.01.140. 28B.30.900 Transfer of energy education, applied research, and technology transfer programs from state energy office. (1) All powers, duties, and functions of the state energy office under RCW 43.21F.045 relating to implementing energy education, applied research, and technology transfer programs shall be transferred to Washington State University. 28B.30.900 28B.30.770 Bonds not general obligations—Legislature may provide additional means of payment. The bonds authorized to be issued pursuant to the provisions of RCW 28B.30.700 through 28B.30.780 shall not be general obligations of the state of Washington, but shall be limited obligation bonds payable only from the special fund created 28B.30.770 [Title 28B RCW—page 118] (2008 Ed.) 1977 Washington State University Buildings and Facilities Financing Act (2) The specific programs transferred to Washington State University shall include but not be limited to the following: Renewable energy, energy software, industrial energy efficiency, education and information, energy ideas clearinghouse, and telecommunications. (3)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the state energy office pertaining to the powers, functions, and duties transferred shall be delivered to the custody of Washington State University. All cabinets, furniture, office equipment, software, database, motor vehicles, and other tangible property employed by the state energy office in carrying out the powers, functions, and duties transferred shall be made available to Washington State University. (b) Any appropriations made to, any other funds provided to, or any grants made to or contracts with the state energy office for carrying out the powers, functions, and duties transferred shall, on July 1, 1996, be transferred and credited to Washington State University. (c) Whenever any question arises as to the transfer of any funds, books, documents, records, papers, files, software, database, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, an arbitrator mutually agreed upon by the parties in dispute shall make a determination as to the proper allocation and certify the same to the state agencies concerned. (d) All rules and all pending business before the state energy office pertaining to the powers, functions, and duties transferred shall be continued and acted upon by Washington State University. All existing contracts, grants, and obligations, excluding personnel contracts and obligations, shall remain in full force and shall be assigned to and performed by Washington State University. (e) The transfer of the powers, duties, and functions of the state energy office does not affect the validity of any act performed before July 1, 1996. (f) If apportionments of budgeted funds are required because of the transfers directed by this section, the director of the office of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation. (4) Washington State University shall enter into an interagency agreement with the department of community, trade, and economic development regarding the relationship between policy development and public outreach. The department of community, trade, and economic development shall provide Washington State University available existing and future oil overcharge restitution and federal energy block funding for a minimum period of five years to carry out energy programs. Nothing in chapter 186, Laws of 1996 prohibits Washington State University from seeking grant funding for energy-related programs directly from other entities. (5) Washington State University shall select and appoint existing state energy office employees to positions to perform the duties and functions transferred. Employees appointed by Washington State University are exempt from the provisions of chapter 41.06 RCW unless otherwise designated by the institution. Any future vacant or new positions will be filled (2008 Ed.) Chapter 28B.31 using Washington State University’s standard hiring procedures. [1996 c 186 § 201.] Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904. 28B.30.901 Establishment of administrative units to coordinate energy education or energy program delivery programs. In addition to the powers and duties transferred, Washington State University shall have the authority to establish administrative units as may be necessary to coordinate either energy education or energy program delivery programs, or both, and to revise, restructure, redirect, or eliminate programs transferred to Washington State University based on available funding or to better serve the people and businesses of Washington state. [1996 c 186 § 202.] 28B.30.901 Findings—Intent—Part headings not law—Effective date—1996 c 186: See notes following RCW 43.330.904. 28B.30.902 Lind dryland research unit—Income from leased property. (1) The Washington state treasury has been named a devisee of certain property pursuant to a will executed by Cleora Neare on July 14, 1982. Under *RCW 79.01.612, property that has been devised to the state is to be managed and controlled by the department of natural resources. The legislature hereby finds that it is in the best interest of the state to transfer part of the real property devised to the state under the will to Washington State University for use in conjunction with the Washington State University Lind dryland research unit located in Adams county and sell the remaining property for the benefit of the common schools. (2) Washington State University is hereby granted ownership, management, and control of the real property legally described as all of Section 6, and the west half of Section 5, Township 17, Range 34 East E.W.M., Adams county, Washington, upon close of probate, or sooner if the property can be transferred without cost, other than costs properly allocated to the state as devisee under probate, to Washington State University. Upon transfer of this property, the parcel shall become part of the Washington State University Lind dryland research unit. Any and all lease income derived from current leases on the property shall be deposited in a dedicated Washington State University local account for the benefit of the Lind dryland research unit. (3) The department of natural resources shall sell the real property legally described as lots 28 and 29, block 10, Neilson Brothers plat, City of Lind, Adams county and the proceeds of the sale shall be deposited into the permanent common school fund. [1997 c 45 § 1.] 28B.30.902 *Reviser’s note: RCW 79.01.612 was recodified as RCW 79.10.030 pursuant to 2003 c 334 § 555. Chapter 28B.31 RCW 1977 WASHINGTON STATE UNIVERSITY BUILDINGS AND FACILITIES FINANCING ACT Chapter 28B.31 Sections 28B.31.010 Purpose—Bonds authorized—Amount—Payment. 28B.31.020 Bond anticipation notes—Authorized—Bond proceeds to apply to payment on. [Title 28B RCW—page 119] 28B.31.010 Title 28B RCW: Higher Education 28B.31.030 Form, terms, conditions, sale and covenants of bonds and notes—Pledge of state’s credit. 28B.31.050 Administration of proceeds from bonds and notes. 28B.31.060 Washington State University bond retirement fund of 1977— Created—Purpose—Payment of interest and principal on bonds and notes. 28B.31.070 Transfer of moneys to state general fund from Washington State University building account. 28B.31.080 Bonds as legal investment for public funds. 28B.31.090 Prerequisite to bond issuance. 28B.31.100 Chapter not to repeal, override, or limit other statutes or actions—Transfers under RCW 28B.31.070 as subordinate. 28B.31.010 Purpose—Bonds authorized—Amount— Payment. For the purpose of providing needed capital improvements consisting of the acquisition, construction, remodeling, furnishing and equipping of state buildings and facilities for Washington State University, the state finance committee is hereby authorized to issue from time to time general obligation bonds of the state of Washington in the aggregate principal amount of four million four hundred thousand dollars, or so much thereof as shall be required to finance the capital projects relating to Washington State University as determined by the legislature in its capital appropriation act from time to time, to be paid and discharged in not more than thirty years of the date of issuance. [1977 ex.s. c 344 § 1.] 28B.31.010 Severability—1977 ex.s. c 344: "If any provision of this act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1977 ex.s. c 344 § 12.] 28B.31.020 Bond anticipation notes—Authorized— Bond proceeds to apply to payment on. When the state finance committee has determined to issue such general obligation bonds or a portion thereof as authorized in RCW 28B.31.010, it may, pending the issuance thereof, issue in the name of the state temporary notes in anticipation of the issuance of such bonds, which notes shall be designated as "bond anticipation notes". Such portion of the proceeds of the sale of such bonds as may be required for the payment of the principal of and redemption premium, if any, and interest on such notes shall be applied thereto when such bonds are issued. [1977 ex.s. c 344 § 2.] 28B.31.020 Severability—1977 ex.s. c 344: See note following RCW 28B.31.010. 28B.31.030 Form, terms, conditions, sale and covenants of bonds and notes—Pledge of state’s credit. The state finance committee is authorized to prescribe the form, terms, conditions, and covenants of the bonds and/or the bond anticipation notes authorized by this chapter, the time or times of sale of all or any portion of them, and the conditions and manner of their sale and issuance. Each such bond and bond anticipation note shall pledge the full faith and credit of the state of Washington and shall contain an unconditional promise to pay the principal thereof and interest thereon when due. [1977 ex.s. c 344 § 3.] 28B.31.030 Severability—1977 ex.s. c 344: See note following RCW 28B.31.010. 28B.31.050 Administration of proceeds from bonds and notes. Subject to legislative appropriation, all proceeds of the bonds and/or bond anticipation notes authorized in this chapter shall be administered and expended by the board of regents of Washington State University exclusively for the 28B.31.050 [Title 28B RCW—page 120] purposes specified in this chapter and for the payment of the expenses incurred in connection with the sale and issuance of such bonds and bond anticipation notes. [1977 ex.s. c 344 § 5.] Severability—1977 ex.s. c 344: See note following RCW 28B.31.010. 28B.31.060 Washington State University bond retirement fund of 1977—Created—Purpose—Payment of interest and principal on bonds and notes. The Washington State University bond retirement fund of 1977 is hereby created in the state treasury for the purpose of payment of the principal of and interest on the bonds authorized by this chapter. Upon completion of the projects for which appropriations have been made by the legislature, any proceeds of the bonds and/or bond anticipation notes authorized by this chapter remaining in the Washington State University construction account shall be transferred by the board of regents to the Washington State University bond retirement fund of 1977 to reduce the transfer or transfers next required by RCW 28B.31.070. The state finance committee, on or before June 30th of each year, shall certify to the state treasurer the amounts required in the next succeeding twelve months for the payment of the principal of and the interest coming due on such bonds and the dates on which such payments are due. The state treasurer, not less than thirty days prior to the date on which any such interest or principal and interest payment is due, shall withdraw from any general state revenues received in the state treasury and deposit in the Washington State University bond retirement fund of 1977 an amount equal to the amount certified by the state finance committee to be due on such payment date. [1977 ex.s. c 344 § 6.] 28B.31.060 Severability—1977 ex.s. c 344: See note following RCW 28B.31.010. 28B.31.070 Transfer of moneys to state general fund from Washington State University building account. On or before June 30th of each year the board of regents of Washington State University shall cause to be accumulated in the Washington State University building account, from moneys transferred into said account from the Washington State University bond retirement fund pursuant to RCW 28B.30.750(5), an amount at least equal to the amount required in the next succeeding twelve months for the payment of the principal of and interest on the bonds issued pursuant to this chapter. Not less than thirty days prior to the date on which any such interest or principal and interest payment is due, the board of regents of Washington State University shall cause the amount so computed to be paid out of such building account to the state treasurer, for deposit into the general fund of the state treasury. [1977 ex.s. c 344 § 7.] 28B.31.070 Severability—1977 ex.s. c 344: See note following RCW 28B.31.010. 28B.31.080 Bonds as legal investment for public funds. The bonds authorized by this chapter shall constitute a legal investment for all state funds or for funds under state control and all funds of municipal corporations. [1977 ex.s. c 344 § 8.] 28B.31.080 Severability—1977 ex.s. c 344: See note following RCW 28B.31.010. (2008 Ed.) Community Technology Opportunity Program 28B.31.090 Prerequisite to bond issuance. The bonds authorized by this chapter shall be issued only after an officer of Washington State University, designated by the Washington State University board of regents, has certified, based upon his estimates of future tuition income and other factors, that an adequate balance will be maintained in the Washington State University building account to enable the board of regents to meet the requirements of RCW 28B.31.070 during the life of the bonds to be issued. [1977 ex.s. c 344 § 9.] 28B.31.090 Severability—1977 ex.s. c 344: See note following RCW 28B.31.010. 28B.31.100 Chapter not to repeal, override, or limit other statutes or actions—Transfers under RCW 28B.31.070 as subordinate. No provision of this chapter shall be deemed to repeal, override, or limit any provision of RCW 28B.15.310 or 28B.30.700 through 28B.30.780, nor any provision or covenant of the proceedings of the board of regents of Washington State University heretofore or hereafter taken in the issuance of its revenue bonds secured by a pledge of its building fees and/or other revenues pursuant to such statutes. The obligation of the board of regents of Washington State University to make the transfers provided for in RCW 28B.31.070 shall be subject and subordinate to the lien and charge of such revenue bonds, and any revenue bonds hereafter issued, on such building fees and/or other revenues pledged to secure such bonds, and on the moneys in the Washington State University building account and the Washington State University bond retirement fund. [1985 c 390 § 45; 1977 ex.s. c 344 § 10.] 28B.31.100 Severability—1977 ex.s. c 344: See note following RCW 28B.31.010. Chapter 28B.32 Chapter 28B.32 RCW COMMUNITY TECHNOLOGY OPPORTUNITY PROGRAM Sections 28B.32.010 28B.32.020 28B.32.030 28B.32.900 28B.32.901 Program created—Administration—Grant program. Definitions. Washington community technology opportunity account. Findings—Intent—2008 c 262. Construction—2008 c 262. 28B.32.010 Program created—Administration— Grant program. The community technology opportunity program is created to support the efforts of community technology programs throughout the state. The community technology opportunity program must be administered by the Washington State University extension, in consultation with the department of information services. The Washington State University extension may contract for services in order to carry out the extension’s obligations under this section. (1) In implementing the community technology opportunity program the administrator must, to the extent funds are appropriated for this purpose: (a) Provide organizational and capacity building support to community technology programs throughout the state, and identify and facilitate the availability of other public and private sources of funds to enhance the purposes of the program and the work of community technology programs. No more than fifteen percent of funds received by the administrator for the program may be expended on these functions; 28B.32.030 (b) Establish a competitive grant program and provide grants to community technology programs to provide training and skill-building opportunities; access to hardware and software; internet connectivity; assistance in the adoption of information and communication technologies in low-income and underserved areas of the state; and development of locally relevant content and delivery of vital services through technology. (2) Grant applicants must: (a) Provide evidence that the applicant is a nonprofit entity or a public entity that is working in partnership with a nonprofit entity; (b) Define the geographic area or population to be served; (c) Include in the application the results of a needs assessment addressing, in the geographic area or among the population to be served: The impact of inadequacies in technology access or knowledge, barriers faced, and services needed; (d) Explain in detail the strategy for addressing the needs identified and an implementation plan including objectives, tasks, and benchmarks for the applicant and the role that other organizations will play in assisting the applicant’s efforts; (e) Provide evidence of matching funds and resources, which are equivalent to at least one-quarter of the grant amount committed to the applicant’s strategy; (f) Provide evidence that funds applied for, if received, will be used to provide effective delivery of community technology services in alignment with the goals of this program and to increase the applicant’s level of effort beyond the current level; and (g) Comply with such other requirements as the administrator establishes. (3) The administrator may use no more than ten percent of funds received for the community technology opportunity program to cover administrative expenses. (4) The administrator must establish expected program outcomes for each grant recipient and must require grant recipients to provide an annual accounting of program outcomes. [2008 c 262 § 6.] 28B.32.010 (2008 Ed.) 28B.32.020 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Administrator" means the community technology opportunity program administrator designated by the Washington State University extension. (2) "Community technology program" means a program, including a digital inclusion program, engaged in diffusing information and communications technology in local communities, particularly in underserved areas. These programs may include, but are not limited to, programs that provide education and skill-building opportunities, hardware and software, internet connectivity, and development of locally relevant content and delivery of vital services through technology. [2008 c 262 § 7.] 28B.32.020 28B.32.030 Washington community technology opportunity account. The Washington community technol28B.32.030 [Title 28B RCW—page 121] 28B.32.900 Title 28B RCW: Higher Education ogy opportunity account is established in the state treasury. Donated funds from private and public sources may be deposited into the account. Expenditures from the account may be used only for the operation of the community technology opportunity program as provided in RCW 28B.32.010. Only the administrator or the administrator’s designee may authorize expenditures from the account. [2008 c 262 § 8.] 28B.32.900 Findings—Intent—2008 c 262. See note following RCW 43.105.350. 28B.32.900 28B.32.901 Construction--2008 c 262. 43.105.905. 28B.32.901 Chapter 28B.35 See RCW Chapter 28B.35 RCW REGIONAL UNIVERSITIES Sections 28B.35.010 Designation. 28B.35.050 Primary purposes—Eligibility requirements for designation as regional university. 28B.35.100 Trustees—Appointment—Terms—Quorum—Vacancies. 28B.35.105 Trustees—Organization and officers of board—Quorum. 28B.35.110 Trustees—Meetings of board. 28B.35.120 Trustees—General powers and duties of board. 28B.35.190 Trustees—Fire protection services. 28B.35.195 Treasurer—Appointment, term, duties, bonds. 28B.35.196 Credits—Statewide transfer policy and agreement—Establishment. 28B.35.200 Bachelor degrees authorized. 28B.35.205 Degrees through master’s degrees authorized—Limitations— Honorary bachelor’s or master’s degrees. 28B.35.215 Doctorate level degrees in physical therapy authorized— Review by higher education coordinating board. 28B.35.230 Certificates, diplomas—Signing—Contents. 28B.35.300 Model schools and training departments—Purpose. 28B.35.305 Model schools and training departments—Trustees to estimate number of pupils required. 28B.35.310 Model schools and training departments—Requisitioning of pupils—President may refuse admission. 28B.35.315 Model schools and training departments—Report of attendance. 28B.35.320 High-technology education and training. 28B.35.350 Suspension and expulsion. 28B.35.370 Disposition of building fees and normal school fund revenues—Bond payments—Capital projects accounts for construction, equipment, maintenance of buildings, etc. 28B.35.390 Duties of president. 28B.35.395 President’s housing allowance. 28B.35.400 Meetings of presidents. Washington State University and Eastern Washington University—Spokane area: RCW 28B.30.050. British Columbia—Tuition and fees—Reciprocity with Washington: RCW 28B.15.756 and 28B.15.758. Central College fund—Other revenue for support of Central Washington University: RCW 43.79.304. Chapter as affecting Central Washington State College building and normal school fund revenue bonds: RCW 28B.14C.120. Eastern Washington State College building and normal school fund revenue bonds: RCW 28B.14C.110. Western Washington State College building and normal school fund revenue bonds: RCW 28B.14C.100. Commercial activities by institutions of higher education—Development of policies governing: Chapter 28B.63 RCW. Development of methods and protocols for measuring educational costs— Schedule of educational cost study reports: RCW 28B.76.310. Eastern College fund—Other revenue for support of Eastern Washington University: RCW 43.79.314. Former state colleges of education—Moneys paid into general fund for support of: RCW 43.79.180. Governing body of recognized student association at college or university, open public meetings act applicable to: RCW 42.30.200. Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750 through 28B.15.754. Normal school grant to former state colleges of education: RCW 43.79.150. Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730 through 28B.15.736. Western Washington fund—Other revenue for support of Western Washington University: RCW 43.79.324. 28B.35.010 Designation. The regional universities shall be located and designated as follows: At Bellingham, Western Washington University; at Cheney, Eastern Washington University; at Ellensburg, Central Washington University. [1977 ex.s. c 169 § 44. Prior: 1969 ex.s. c 223 § 28B.40.010; prior: 1967 c 47 § 6; 1961 c 62 § 2; 1957 c 147 § 2; prior: (i) 1909 c 97 p 251, part; 1897 c 118 § 212; 1893 c 107 § 1; RRS § 4604, part. (ii) 1937 c 23 § 1; RRS § 46041. (iii) 1937 c 23 § 2; RRS § 4604-2. (iv) 1937 c 23 § 3; RRS § 4604-3. Formerly RCW 28B.40.010, part; 28.81.010.] 28B.35.010 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. FINANCING BUILDINGS AND FACILITIES—1961 ACT Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW. 28B.35.050 Primary purposes—Eligibility requirements for designation as regional university. The primary purposes of the regional universities 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 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. [1977 ex.s. c 169 § 2.] Branch campuses Central Washington University—Yakima area: RCW 28B.45.060. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.700 Construction, remodeling, improvement, financing, etc.— Authorized. 28B.35.710 Definitions. 28B.35.720 Contracts, issuance of evidences of indebtedness, bonds, acceptance of grants. 28B.35.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds. 28B.35.740 Disposition of building fees and normal school fund revenues—Bond payments, etc. 28B.35.750 Funds payable into bond retirement funds—Pledge of building fees. 28B.35.751 Disposition of certain normal school fund revenues. 28B.35.760 Additional powers of board—Issuance of bonds, investments, transfer of funds, etc. 28B.35.770 Refunding bonds. 28B.35.780 Bonds not general obligation—Legislature may provide additional means of payment. 28B.35.790 Other laws not repealed or limited. [Title 28B RCW—page 122] 28B.35.050 (2008 Ed.) Regional Universities 28B.35.100 Trustees—Appointment—Terms—Quorum—Vacancies. (1) The governance of each of the regional universities 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. [2006 c 78 § 3; 1998 c 95 § 3; 1985 c 137 § 1; 1979 ex.s. c 103 § 4; 1977 ex.s. c 169 § 45. Prior: 1973 c 62 § 11; 1969 ex.s. c 223 § 28B.40.100; prior: 1967 ex.s. c 5 § 2; 1957 c 147 § 3; prior: (i) 1909 c 97 p 251 § 1, part; 1897 c 118 § 212; 1893 c 107 § 1; RRS § 4604, part. (ii) 1909 c 97 p 251 § 2; 1897 c 118 § 213; 1893 c 107 § 2; RRS § 4605. Formerly RCW 28B.40.100, part; 28.81.020.] 28B.35.100 Present terms not affected—Severability—1979 ex.s. c 103: See notes following RCW 28B.20.100. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.105 Trustees—Organization and officers of board—Quorum. Each board of regional university trustees shall elect one of its members chairman, 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. [1977 ex.s. c 169 § 46. Prior: 1969 ex.s. c 223 § 28B.40.105; prior: 1909 p 252 § 3; RRS § 4606; prior: 1897 c 118 § 214; 1893 c 107 § 3. Formerly RCW 28B.40.105, part; 28.81.030 and 28.81.050(1), (2).] 28B.35.105 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.110 Trustees—Meetings of board. Each board of regional university trustees 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 nec28B.35.110 (2008 Ed.) 28B.35.120 essary, whenever called by the chairman or by a majority of the board. Public notice of all meetings shall be given in accordance with chapter 42.32 RCW. [1977 ex.s. c 169 § 47. Prior: 1969 ex.s. c 223 § 28B.40.110; prior: 1917 c 128 § 1, part; 1909 c 97 p 253 § 6, part; RRS § 4609, part; prior: 1897 c 118 § 217, part; 1893 c 107 § 6, part. Formerly RCW 28B.40.110, part; 28.81.040, part.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Open public meetings act: Chapter 42.30 RCW. 28B.35.120 Trustees—General powers and duties of board. In addition to any other powers and duties prescribed by law, each board of trustees of the respective regional universities: (1) Shall have full control of the regional university and its property of various kinds, except as otherwise provided by law. (2) Shall employ the president of the regional university, his 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 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 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 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 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 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 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 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 28B.35.120 [Title 28B RCW—page 123] 28B.35.190 Title 28B RCW: Higher Education 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. (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 university. [2006 c 263 § 824; 2004 c 275 § 54; 1985 c 370 § 94; 1977 ex.s. c 169 § 48. Prior: 1969 ex.s. c 223 § 28B.40.120; prior: 1909 c 97 p 252 § 4; RRS § 4607; prior: 1905 c 85 § 1; 1897 c 118 § 215; 1893 c 107 § 4. Formerly RCW 28B.40.120, part; 28.81.050.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Part headings not law—2004 c 275: See note following RCW 28B.76.030. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.190 Trustees—Fire protection services. Subject to the provisions of RCW 35.21.779, each board of trustees of the regional universities 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 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. [1992 c 117 § 1; 1977 ex.s. c 169 § 49. Prior: 1970 ex.s. c 15 § 28. Formerly RCW 28B.40.190, part.] 28B.35.190 Findings—1992 c 117: See note following RCW 35.21.775. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.195 Treasurer—Appointment, term, duties, bonds. See RCW 28B.40.195. 28B.35.195 28B.35.196 Credits—Statewide transfer policy and agreement—Establishment. See RCW 28B.76.240 and 28B.76.2401. 28B.35.196 28B.35.200 Bachelor degrees authorized. The degree of bachelor of arts or the degree of bachelor of science and/or the degree of bachelor of arts in education may be granted to any student who has completed a four-year course of study or the equivalent thereof in Central Washington University, Eastern Washington University, or Western Washington University. [1977 ex.s. c 169 § 50. Prior: 1969 ex.s. c 223 § 28B.40.200; prior: 1967 c 231 § 1; 1967 c 47 § 7; 1947 c 109 § 1; 1933 c 13 § 1; Rem. Supp. 1947 § 4618-1. Formerly RCW 28B.40.200, part; 28.81.052; 28.81.050(16).] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.205 Degrees through master’s degrees authorized—Limitations—Honorary bachelor’s or master’s degrees. In addition to all other powers and duties given to them by law, Central Washington University, Eastern Washington University, and Western Washington University are hereby authorized to grant any degree through the master’s degree to any student who has completed a program of study and/or research in those areas which are determined by the faculty and board of trustees of the college to be appropriate for the granting of such degree: PROVIDED, That before any degree is authorized under this section it shall be subject to the review and approval of the higher education coordinating board. The board of trustees, upon recommendation of the faculty, may also confer honorary bachelor’s or master’s degrees upon persons other than graduates of the institution, in recognition of their learning or devotion to education, literature, art, or science. No degree may be conferred in consideration of the payment of money or the donation of any kind of property. [1991 c 58 § 2; 1985 c 370 § 84; 1979 c 14 § 4. Prior: 1977 ex.s. c 169 § 51. Cf: 1975 1st ex.s. c 232 § 1.] 28B.35.205 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.215 Doctorate level degrees in physical therapy authorized—Review by higher education coordinating board. The board of trustees of Eastern Washington University may offer applied, but not research, doctorate level degrees in physical therapy subject to review and approval by the higher education coordinating board. [2001 c 252 § 1.] 28B.35.215 28B.35.230 Certificates, diplomas—Signing—Contents. Every diploma issued by a regional university shall be signed by the chairman 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. [1977 ex.s. c 169 § 53. Prior: 1969 ex.s. c 223 § 28B.40.230; prior: 1917 c 128 § 4; 1909 c 97 p 254 § 9; RRS § 4615; prior: 1897 c 118 § 220; 1895 c 146 § 2; 1893 c 107 § 13. Formerly RCW 28B.40.230, part; 28.81.056; 28.81.050(15).] 28B.35.230 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.200 [Title 28B RCW—page 124] 28B.35.300 Model schools and training departments—Purpose. A model school or schools or training departments may be provided for each regional 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. [1977 ex.s. c 169 § 54. Prior: 1969 ex.s. c 223 § 28B.40.300; prior: 1917 c 128 § 2; 28B.35.300 (2008 Ed.) Regional Universities 1909 c 97 p 253 § 8; RRS § 4611; prior: 1897 c 118 § 219; 1893 c 107 § 12. Formerly RCW 28B.40.300, part; 28.81.058; 28.81.050(12).] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.370 3; RRS § 4614. Formerly RCW 28B.40.315, part; 28.81.061; 28.81.050(14).] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.320 High-technology education and training. See chapter 28B.65 RCW. 28B.35.320 28B.35.305 Model schools and training departments—Trustees to estimate number of pupils required. The board of trustees of any regional 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. [1977 ex.s. c 169 § 55. Prior: 1969 ex.s. c 223 § 28B.40.305; prior: 1907 c 97 § 1; RRS § 4612. Formerly RCW 28B.40.305, part; 28.81.059; 28.81.050(13).] 28B.35.305 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.310 Model schools and training departments—Requisitioning of pupils—President may refuse admission. 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 judgment would tend to reduce the efficiency of said model school or training department. [1977 ex.s. c 169 § 56. Prior: 1969 ex.s. c 223 § 28B.40.310; prior: 1907 c 97 § 2; RRS § 4613. Formerly RCW 28B.40.310, part; 28.81.060.] 28B.35.310 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.315 Model schools and training departments—Report of attendance. 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. [1977 ex.s. c 169 § 57. Prior: 1969 ex.s. c 223 § 28B.40.315; prior: 1917 c 128 § 3; 1907 c 97 § 28B.35.315 (2008 Ed.) 28B.35.350 Suspension and expulsion. Any student may be suspended or expelled from any regional university who is found to be guilty of an infraction of the regulations of the institution. [1977 ex.s. c 169 § 58. Prior: 1969 ex.s. c 223 § 28B.40.350; prior: 1961 ex.s. c 13 § 2, part; prior: (i) 1909 c 97 p 255 § 13; RRS § 4620. (ii) 1921 c 136 § 1, part; 1905 c 85 § 3, part; RRS § 4616, part. Formerly RCW 28B.40.350, part; 28.81.070.] 28B.35.350 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.370 Disposition of building fees and normal school fund revenues—Bond payments—Capital projects accounts for construction, equipment, maintenance of buildings, etc. Within thirty-five days from the date of collection thereof all building fees of each regional 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 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 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 exclusively to pay and secure the payment of the principal of and interest on the building bonds issued by such regional universities 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 28B.35.370 [Title 28B RCW—page 125] 28B.35.390 Title 28B RCW: Higher Education 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 exclusively 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. [1991 sp.s. c 13 § 49. Prior: 1985 c 390 § 47; 1985 c 57 § 15; 1977 ex.s. c 169 § 79; 1969 ex.s. c 223 § 28B.40.370; prior: 1967 c 47 §§ 11, 14; 1965 c 76 § 2; 1961 ex.s. c 14 § 5; 1961 ex.s. c 13 § 4. Formerly RCW 28B.40.370; 28.81.085; 28.81.540.] Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Effective date—1985 c 57: See note following RCW 18.04.105. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.390 Duties of president. The president of each regional university shall have general supervision of the university and see that all laws and rules of the board of trustees are observed. [1977 ex.s. c 169 § 61. Prior: 1969 ex.s. c 223 § 28B.40.390; prior: 1909 c 97 p 253 § 7; RRS § 4610; prior: 1897 c 118 § 218; 1893 c 107 § 7. Formerly RCW 28B.40.390, part; 28.81.110.] 28B.35.390 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.395 President’s housing allowance. Housing or a housing allowance may only be provided for the president of a public four-year institution of higher education who resides in the location where the institution is designated under RCW 28B.20.010, 28B.30.010, 28B.35.010, and 28B.40.010. [1998 c 344 § 4.] 28B.35.395 Intent—Findings—1998 c 344: See note following RCW 28B.38.010. 28B.35.400 Meetings of presidents. It shall be the duty of the presidents of the several regional universities to meet at least once annually to consult with each other relative to the management of the regional universities. [1977 ex.s. c 169 § 62.] 28B.35.400 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. FINANCING BUILDINGS AND FACILITIES—1961 ACT 28B.35.700 Construction, remodeling, improvement, financing, etc.—Authorized. The boards of trustees of the regional universities 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 28B.35.700 [Title 28B RCW—page 126] hereafter derived from the payment of building fees, gifts, bequests or grants and such additional funds as the legislature may provide. [1985 c 390 § 48; 1977 ex.s. c 169 § 82; 1969 ex.s. c 223 § 28B.40.700. Prior: 1967 c 47 § 12; 1961 ex.s. c 14 § 1. Formerly RCW 28B.40.700; 28.81.500.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.710 Definitions. 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 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. [1985 c 390 § 49; 1977 ex.s. c 169 § 83; 1969 ex.s. c 223 § 28B.40.710. Prior: 1967 c 47 § 13; 1961 ex.s. c 14 § 2. Formerly RCW 28B.40.710; 28.81.510.] 28B.35.710 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.720 Contracts, issuance of evidences of indebtedness, bonds, acceptance of grants. In addition to the powers conferred under existing law, each of the boards is authorized and shall have the power: (1) To contract for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of such buildings or other facilities of the university or college as are authorized by the legislature to be financed by the issuance and sale of bonds. (2) To finance the same by the issuance of bonds secured by the pledge of any or all of the building fees. (3) Without limitation of the foregoing, to accept grants from the United States government, or any federal or state agency or instrumentality, or private corporation, association, or person to aid in defraying the costs of any such projects. [1985 c 390 § 50; 1977 ex.s. c 169 § 84; 1969 ex.s. c 223 § 28B.35.720 (2008 Ed.) Regional Universities 28B.40.720. Prior: 1961 ex.s. c 14 § 3. Formerly RCW 28B.40.720; 28.81.520.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds. For the purpose of financing the cost of any projects, each of the boards is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the issuance, sale and delivery of the bonds or any part thereof at such time or times as it shall deem necessary and advisable. Said bonds: (1) Shall not constitute (a) An obligation, either general or special, of the state; or (b) A general obligation of the university or college or of the board; (2) Shall be (a) Either registered or in coupon form; and (b) Issued in denominations of not less than one hundred dollars; and (c) Fully negotiable instruments under the laws of this state; and (d) Signed on behalf of the university or college by the chairman of the board, attested by the secretary of the board, have the seal of the university or college impressed thereon or a facsimile of such seal printed or lithographed in the bottom border thereof, and the coupons attached thereto shall be signed with the facsimile signatures of such chairman and the secretary; (3) Shall state (a) The date of issue; and (b) The series of the issue and be consecutively numbered within the series; and (c) That the bond is payable both principal and interest solely out of the bond retirement fund; (4) Each series of bonds shall bear interest, payable either annually or semiannually, as the board may determine; (5) Shall be payable both principal and interest out of the bond retirement fund; (6) Shall be payable at such times over a period of not to exceed forty years from date of issuance, at such place or places, and with such reserved rights of prior redemption, as the board may prescribe; (7) Shall be sold in such manner and at such price as the board may prescribe; (8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding such payment, not inconsistent with RCW 28B.35.700 through 28B.35.790, as now or hereafter amended, and as found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to: (a) A covenant that the building fees shall be established, maintained and collected in such amounts that will provide money sufficient to pay the principal of and interest on all bonds payable out of the bond retirement fund, to set aside and maintain the reserves required to secure the payment of such principal and interest, and to maintain any coverage which may be required over such principal and interest; 28B.35.730 (2008 Ed.) 28B.35.750 (b) A covenant that a reserve account shall be created in the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made that certain amounts be set aside and maintained therein; (c) A covenant that sufficient moneys may be transferred from the capital projects account of the university or college issuing the bonds to the bond retirement fund of such university or college when ordered by the board of trustees in the event there is ever an insufficient amount of money in the bond retirement fund to pay any installment of interest or principal and interest coming due on the bonds or any of them; (d) A covenant fixing conditions under which bonds on a parity with any bonds outstanding may be issued. The proceeds of the sale of all bonds, exclusive of accrued interest which shall be deposited in the bond retirement fund, shall be deposited in the state treasury to the credit of the capital projects account of the university or college issuing the bonds and shall be used solely for paying the costs of the projects. [1985 c 390 § 51; 1977 ex.s. c 169 § 85; 1970 ex.s. c 56 § 30; 1969 ex.s. c 232 § 104; 1969 ex.s. c 223 § 28B.40.730. Prior: 1961 ex.s. c 14 § 4. Formerly RCW 28B.40.730; 28.81.530.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. Capital projects accounts of regional universities and The Evergreen State College: RCW 28B.35.370. 28B.35.740 Disposition of building fees and normal school fund revenues—Bond payments, etc. See RCW 28B.35.370. 28B.35.740 28B.35.750 Funds payable into bond retirement funds—Pledge of building fees. For the purpose of paying and securing the payment of the principal of and interest on the bonds as the same shall become due, there shall be paid into the state treasury and credited to the respective bond retirement fund of each university or college issuing bonds, the following: (1) Amounts derived from building fees as the board shall certify as necessary to prevent default in the payments required to be paid into such bond retirement fund; (2) Any grants which may be made, or may become available, for the purpose of furthering the construction of any authorized projects, or for the repayment of the costs thereof; (3) Such additional funds as the legislature may provide. Said bond retirement fund shall be kept segregated from all moneys in the state treasury and shall, while any of such bonds or any interest thereon remains unpaid, be available solely for the payment thereof. As a part of the contract of sale of such bonds, the board shall undertake to charge and collect building fees and to deposit the portion of such fees in the bond retirement fund in amounts which will be sufficient to pay and secure the payment of the principal of, and interest on all such bonds outstanding. [1985 c 390 § 52; 1977 ex.s. c 169 § 86; 1969 ex.s. c 223 § 28B.40.750. Prior: 1961 ex.s. c 14 § 6. Formerly RCW 28B.40.750; 28.81.550.] 28B.35.750 [Title 28B RCW—page 127] 28B.35.751 Title 28B RCW: Higher Education Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.751 Disposition of certain normal school fund revenues. All moneys received from the lease or rental of lands set apart by the enabling act for state normal schools purposes; all interest or income arising from the proceeds of the sale of such lands or of the timber, fallen timber, stone, gravel, or other valuable material thereon, less the allocation to the state treasurer’s service fund pursuant to RCW 43.08.190 and the state investment board expense account pursuant to RCW 43.33A.160; and all moneys received as interest on deferred payments on contracts for the sale of such lands, shall from time to time be paid into the state treasury and credited to the Eastern Washington University, Central Washington University, Western Washington University and The Evergreen State College capital projects accounts as herein provided to be expended for capital projects, and bond retirement purposes as set forth in RCW 28B.35.750, as now or hereafter amended. Eastern Washington University, Central Washington University, Western Washington University, and The Evergreen State College shall be credited with onefourth of the total amount beginning July 1, 2003. Beginning July 1, 1995, The Evergreen State College shall receive five percent of the total amount not obligated to repayment of bonds; Eastern Washington University, Central Washington University, and Western Washington University shall receive equal amounts of the remaining amount. Beginning July 1, 1997, The Evergreen State College shall receive ten percent of the total amount not obligated to repayment of bonds; Eastern Washington University, Central Washington University, and Western Washington University shall receive equal amounts of the remaining amount. Beginning July 1, 1999, The Evergreen State College shall receive fifteen percent of the total amount not dedicated to repayment of bonds; Eastern Washington University, Central Washington University, and Western Washington University shall each receive equal amounts of the remaining amount. Beginning July 1, 2001, The Evergreen State College shall receive twenty percent of the total amount not obligated to repayment of bonds; Eastern Washington University, Central Washington University, and Western Washington University shall each receive equal amounts of the remaining amount. [1993 c 411 § 2; 1991 sp.s. c 13 § 95; 1977 ex.s. c 169 § 87; 1969 ex.s. c 223 § 28B.40.751. Prior: 1967 c 47 § 15; 1965 c 76 § 1. Formerly RCW 28B.40.751; 28.81.551.] 28B.35.751 Finding—1993 c 411: "The legislature finds that Central Washington University, Eastern Washington University, Western Washington University, and The Evergreen State College are the state’s comprehensive undergraduate institutions and each should share equally in the benefits derived from lands set apart in the enabling act for state normal school purposes." [1993 c 411 § 1.] Effective dates—Severability—1991 sp.s. c 13: See notes following RCW 18.08.240. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.760 Additional powers of board—Issuance of bonds, investments, transfer of funds, etc. The board of any such university or college is hereby empowered: (1) To reserve the right to issue bonds later on a parity with any bonds being issued; 28B.35.760 [Title 28B RCW—page 128] (2) To authorize the investing of moneys in the bond retirement fund and any reserve account therein; (3) To authorize the transfer of money from the college’s or universities’ capital projects account to the college’s or universities’ bond retirement fund when necessary to prevent a default in the payments required to be made out of such fund; (4) To create a reserve account or accounts in the bond retirement fund to secure the payment of the principal of and interest on any bonds. [1977 ex.s. c 169 § 88; 1969 ex.s. c 223 § 28B.40.760. Prior: 1961 ex.s. c 14 § 7. Formerly RCW 28B.40.760; 28.81.560.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.35.770 Refunding bonds. Each board of trustees is hereby empowered to issue refunding bonds to provide funds to refund any or all outstanding bonds payable from the bond retirement fund and to pay any redemption premium payable on such outstanding bonds being refunded. Such refunding bonds may be issued in the manner and on terms and conditions and with the covenants permitted by RCW 28B.35.700 through 28B.35.790 as now or hereafter amended for the issuance of bonds. The refunding bonds shall be payable out of the bond retirement fund and shall not constitute an obligation either general or special, of the state or a general obligation of the college or university of Washington issuing the bonds or the board thereof. The board may exchange the refunding bonds at par for the bonds which are being refunded or may sell them in such manner, at such price and at such rate or rates of interest as it deems for the best interest of the college or university. [1977 ex.s. c 169 § 89; 1970 ex.s. c 56 § 31; 1969 ex.s. c 232 § 105; 1969 ex.s. c 223 § 28B.40.770. Prior: 1961 ex.s. c 14 § 8. Formerly RCW 28B.40.770; 28.81.570.] 28B.35.770 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Purpose—1970 ex.s. c 56: See note following RCW 39.52.020. Validation—Saving—Severability—1969 ex.s. c 232: See notes following RCW 39.52.020. 28B.35.780 Bonds not general obligation—Legislature may provide additional means of payment. The bonds authorized to be issued pursuant to the provisions of RCW 28B.35.700 through 28B.35.790 as now or hereafter amended shall not be general obligations of the state of Washington, but shall be limited obligation bonds payable only from the special funds created for their payment. The legislature may provide additional means for raising money for the payment of interest and principal of said bonds. RCW 28B.35.700 through 28B.35.790 as now or hereafter amended shall not be deemed to provide an exclusive method for such payment. The power given to the legislature by this section to provide for additional means for raising money is permissive, and shall not in any way be construed as a pledge of the general credit of the state of Washington. [1977 ex.s. c 169 § 90; 1969 ex.s. c 223 § 28B.40.780. Prior: 1961 ex.s. c 14 § 9. Formerly RCW 28B.40.780; 28.81.580.] 28B.35.780 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. (2008 Ed.) Spokane Intercollegiate Research and Technology Institute 28B.35.790 Other laws not repealed or limited. 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 or The Evergreen State College and is not to be construed as repealing or limiting any existing provision of law with reference thereto. [1977 ex.s. c 169 § 91; 1969 ex.s. c 223 § 28B.40.790. Prior: 1961 ex.s. c 14 § 10. Formerly RCW 28B.40.790; 28.81.590.] 28B.35.790 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Chapter 28B.38 RCW SPOKANE INTERCOLLEGIATE RESEARCH AND TECHNOLOGY INSTITUTE Chapter 28B.38 Sections 28B.38.010 28B.38.020 28B.38.030 28B.38.040 28B.38.050 28B.38.060 28B.38.070 28B.38.900 Spokane intercollegiate research and technology institute. Administration—Board of directors—Powers and duties. Support from participating institutions. Operating staff—Cooperative agreements for programs and research. Role of department of community, trade, and economic development. Availability of facilities to other institutions. Authority to receive and expend funds. Captions not law. 28B.38.010 Spokane intercollegiate research and technology institute. (1) The Spokane intercollegiate research and technology institute is created. (2) The institute shall be operated and administered as a multi-institutional education and research center, housing appropriate programs conducted in Spokane under the authority of institutions of higher education as defined in RCW 28B.10.016. Washington independent and private institutions of higher education may participate as full partners in any academic and research activities of the institute. (3) The institute shall house education and research programs specifically designed to meet the needs of eastern Washington. (4) The establishment of any education program at the institute and the lease, purchase, or construction of any site or facility for the institute is subject to the approval of the higher education coordinating board under RCW 28B.76.230. (5) The institute shall be headquartered in Spokane. (6) The mission of the institute is to perform and commercialize research that benefits the intermediate and longterm economic vitality of eastern Washington and to develop and strengthen university-industry relationships through the conduct of research that is primarily of interest to eastern Washington-based companies or state economic development programs. The institute shall: (a) Perform and facilitate research supportive of state science and technology objectives, particularly as they relate to eastern Washington industries; (b) Provide leading edge collaborative research and technology transfer opportunities primarily to eastern Washington industries; (c) Provide substantial opportunities for training undergraduate and graduate students through direct involvement in research and industry interactions; 28B.38.010 (2008 Ed.) 28B.38.020 (d) Emphasize and develop nonstate support of the institute’s research activities; and (e) Provide a forum for effective interaction between the state’s technology-based industries and its academic institutions through promotion of faculty collaboration with industry, particularly within eastern Washington. [2004 c 275 § 55; 1998 c 344 § 9.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. Intent—Findings—1998 c 344: "It is the intent of the legislature to provide the necessary access to quality upper division and graduate higher education opportunities for the citizens of Spokane. The legislature intends that the Spokane branch campus of Washington State University, offering upper-division and graduate programs, be located at the Riverpoint Higher Education Park and that Washington State University be the administrative and fiscal agent for the Riverpoint Higher Education Park. In addition, those programs offered by Eastern Washington University that meet the rules and guidelines established by the higher education coordinating board’s program approval process may serve students at the Riverpoint Higher Education Park. The legislature intends to streamline the program planning and approval process in Spokane by eliminating the joint center for higher education; thereby treating the Spokane higher education community like other public higher education communities in Washington that receive program approval from the higher education coordinating board. However, the legislature encourages partnerships, collaboration, and avoidance of program duplication through regular communication among the presidents of Spokane’s public and private institutions of higher education. The legislature further intends that the residential mission of Eastern Washington University in Cheney be strengthened and that Eastern Washington University focus on the excellence of its primary campus in Cheney. In addition, the legislature finds that the Spokane intercollegiate research and technology institute is a vital and necessary element in the academic and economic future of eastern Washington. The legislature also finds that it is in the interest of the state of Washington to support and promote applied research and technology in areas of the state that, because of geographic or historic circumstances, have not developed fully balanced economies. It is the intent of the legislature that institutions of higher education and the department of community, trade, and economic development work cooperatively with the private sector in the development and implementation of a technology transfer and integration program to promote the economic development and enhance the quality of life in eastern Washington." [1998 c 344 § 1.] 28B.38.020 Administration—Board of directors— Powers and duties. (1) The institute shall be administered by the board of directors. (2) The board shall consist of the following members: (a) Nine members of the general public. Of the general public membership, at least six shall be individuals who are associated with or employed by technology-based or manufacturing-based industries and have broad business experience and an understanding of high technology; (b) The executive director of the Washington technology center or the director’s designee; (c) The provost of Washington State University or the provost’s designee; (d) The provost of Eastern Washington University or the provost’s designee; (e) The provost of Central Washington University or the provost’s designee; (f) The provost of the University of Washington or the provost’s designee; (g) An academic representative from the Spokane community colleges; (h) One member from Gonzaga University; and (i) One member from Whitworth College. 28B.38.020 [Title 28B RCW—page 129] 28B.38.030 Title 28B RCW: Higher Education (3) The term of office for each board member, excluding the executive director of the Washington technology center, the provosts of Washington State University, Eastern Washington University, Central Washington University, and the University of Washington, shall be three years. The executive director of the institute shall be an ex officio, nonvoting member of the board. Board members shall be appointed by the governor. Initial appointments shall be for staggered terms to ensure the long-term continuity of the board. The board shall meet at least quarterly. (4) The duties of the board include: (a) Developing the general operating policies for the institute; (b) Appointing the executive director of the institute; (c) Approving the annual operating budget of the institute; (d) Establishing priorities for the selection and funding of research projects that guarantee the greatest potential return on the state’s investment; (e) Approving and allocating funding for research projects conducted by the institute; (f) In cooperation with the department of community, trade, and economic development, developing a biennial work plan and five-year strategic plan for the institute that are consistent with the statewide technology development and commercialization goals; (g) Coordinating with public, independent, and private institutions of higher education, and other participating institutions of higher education in the development of training, research, and development programs to be conducted at the institute that are targeted to meet industrial needs; (h) Assisting the department of community, trade, and economic development in the department’s efforts to develop state science and technology public policies and coordinate publicly funded programs; (i) Reviewing annual progress reports on funded research projects; (j) Providing an annual report to the governor and the legislature detailing the activities and performance of the institute; and (k) Submitting annually to the department of community, trade, and economic development an updated strategic plan and a statement of performance measured against the mission, roles, and contractual obligations of the institute. (5) The board may enter into contracts to fulfill its responsibilities and purposes under this chapter. [1998 c 344 § 10.] Intent—Findings—1998 c 344: See note following RCW 28B.38.010. 28B.38.030 28B.38.030 Support from participating institutions. Staff support for programs will be provided from among the cooperating institutions through cooperative agreements. Cooperating institutions are Washington State University as the senior research partner, Eastern Washington University, Central Washington University, the University of Washington, Gonzaga University, Whitworth College, and other participating institutions of higher education. [1998 c 344 § 11.] Intent—Findings—1998 c 344: See note following RCW 28B.38.010. [Title 28B RCW—page 130] 28B.38.040 Operating staff—Cooperative agreements for programs and research. The director of the Spokane intercollegiate research and technology institute may hire staff as necessary to operate the institution. The director may enter into cooperative agreements for programs and research with public and private organizations including state and nonstate funding agencies consistent with policies of the Spokane intercollegiate research and technology institute. [1998 c 344 § 12.] 28B.38.040 Intent—Findings—1998 c 344: See note following RCW 28B.38.010. 28B.38.050 Role of department of community, trade, and economic development. The department of community, trade, and economic development shall contract with the institute for the expenditure of state-appropriated funds for the operation of the institute. The department of community, trade, and economic development shall provide guidance to the institute regarding expenditure of state-appropriated funds and the development of the institute’s strategic plan. The director of the department of community, trade, and economic development shall not withhold funds appropriated for the institute if the institute complies with the provisions of its contract with the department of community, trade, and economic development. The department is responsible to the legislature for the contractual performance of the institute. [1998 c 344 § 13.] 28B.38.050 Intent—Findings—1998 c 344: See note following RCW 28B.38.010. 28B.38.060 Availability of facilities to other institutions. The facilities of the institute shall be made available to other institutions of higher education within the state when this would benefit specific program needs. [1998 c 344 § 14.] 28B.38.060 Intent—Findings—1998 c 344: See note following RCW 28B.38.010. 28B.38.070 Authority to receive and expend funds. The board may receive and expend federal funds and any private gifts or grants to further the purpose of the institute. The funds are to be expended in accordance with federal and state law and any conditions contingent in the grant of those funds. [1998 c 344 § 15.] 28B.38.070 Intent—Findings—1998 c 344: See note following RCW 28B.38.010. 28B.38.900 Captions not law. Captions used in this chapter are not any part of the law. [1998 c 344 § 16.] 28B.38.900 Chapter 28B.40 Chapter 28B.40 RCW THE EVERGREEN STATE COLLEGE Sections 28B.40.010 28B.40.100 28B.40.105 28B.40.110 28B.40.120 28B.40.190 28B.40.195 28B.40.196 28B.40.200 28B.40.206 28B.40.230 28B.40.300 Designation. Trustees—Appointment—Terms—Quorum—Vacancies. Trustees—Organization and officers of board—Quorum. Trustees—Meetings of board. Trustees—General powers and duties of board. Trustees—Fire protection services. Treasurer—Appointment, term, duties, bonds. Credits—Statewide transfer policy and agreement—Establishment. Bachelor degrees authorized. Degrees through master’s degrees authorized—Limitations— Honorary bachelor’s or master’s degrees. Certificates, diplomas—Signing—Contents. Model schools and training departments—Purpose. (2008 Ed.) The Evergreen State College 28B.40.305 Model schools and training departments—Trustees to estimate number of pupils required. 28B.40.310 Model schools and training departments—Requisitioning of pupils—President may refuse admission. 28B.40.315 Model schools and training departments—Report of attendance. 28B.40.320 High-technology education and training. 28B.40.350 Suspension and expulsion. 28B.40.360 State college fees. 28B.40.370 Disposition of building fees and normal school fund revenues—Bond payments—Capital projects accounts for construction, equipment, maintenance of buildings, etc. 28B.40.390 Duties of president. 28B.40.500 Annuities and retirement income plans for faculty members. 28B.40.505 Tax deferred annuities for employees. FINANCING BUILDINGS AND FACILITIES—1961 ACT 28B.40.700 Construction, remodeling, improvement, financing, etc.— Authorized. 28B.40.710 Definitions. 28B.40.720 Contracts, issuance of evidences of indebtedness, bonds, acceptance of grants. 28B.40.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds. 28B.40.740 Disposition of building fees and normal school fund revenues—Bond payments, etc. 28B.40.750 Funds payable into bond retirement funds—Pledge of building fees. 28B.40.751 Disposition of certain normal school fund revenues. 28B.40.760 Additional powers of board—Issuance of bonds, investments, transfer of funds, etc. 28B.40.770 Refunding bonds. 28B.40.780 Bonds not general obligation—Legislature may provide additional means of payment. 28B.40.790 Other laws not repealed or limited. 28B.40.795 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College. 28B.40.810 The Evergreen State College—Established. 28B.40.820 The Evergreen State College—Trustees—Appointment— Terms. 28B.40.830 The Evergreen State College—Trustees, powers and duties— Existing statutes as applicable to college—Federal benefits and donations. Acquisition of property, powers: RCW 28B.10.020. Athletic printing and concessions, bids required: RCW 28B.10.640. Bond issue of 1977 for the refunding of outstanding limited obligation revenue bonds of institutions of higher education: Chapter 28B.14C RCW. Bond issues for buildings and facilities: RCW 28B.10.300 through 28B.10.330. British Columbia—Tuition and fees—Reciprocity with Washington: RCW 28B.15.756 and 28B.15.758. Buildings and facilities borrowing money for: RCW 28B.10.300(4). no state liability: RCW 28B.10.330. rate of interest: RCW 28B.10.325. contracts for construction and installation: RCW 28B.10.300(1). contracts to pay as rentals the costs of acquiring: RCW 28B.10.300(5). lease of campus lands for: RCW 28B.10.300(3). purchase or lease of land for: RCW 28B.10.300(2). use of acquired: RCW 28B.10.305. Chapter as affecting The Evergreen State College building revenue bonds: RCW 28B.14C.130. Commercial activities by institutions of higher education—Development of policies governing: Chapter 28B.63 RCW. Courses, studies and instruction physical education: RCW 28B.10.700. state board to approve courses leading to teacher certification: RCW 28B.40.120(3). Development of methods and protocols for measuring educational costs— Schedule of educational cost study reports: RCW 28B.76.310. Eminent domain by: RCW 28B.10.020. Entrance requirements: RCW 28B.10.050. approval by state board of education of courses leading to teacher certification: RCW 28B.40.120(3). (2008 Ed.) 28B.40.100 Eye protection, public educational institutions: RCW 70.100.010 through 70.100.040. Faculty members and employees, insurance: RCW 28B.10.660. Faculty members of institutions of higher education, remunerated professional leaves for: RCW 28B.10.650. Flag, display: RCW 28B.10.030. Funds Central College fund, abolished and moneys transferred to general fund: RCW 43.79.300, 43.79.302. Central College fund, appropriations, warrants, to be paid from general fund: RCW 43.79.301, 43.79.303. Eastern College fund, abolished and moneys transferred to general fund: RCW 43.79.310, 43.79.312. Eastern College fund, appropriations, warrants, to be paid from general fund: RCW 43.79.311, 43.79.313. moneys paid into general fund for support of: RCW 43.79.180. normal school current fund, sources: RCW 43.79.180. normal school grant to colleges of education: RCW 43.79.150. normal school permanent fund: RCW 43.79.160. Western College fund, abolished and moneys transferred to general fund: RCW 43.79.320, 43.79.322. Western College fund, appropriations, warrants, to be paid from general fund: RCW 43.79.321, 43.79.323. Governing body of recognized student association at college or university, open public meetings act applicable to: RCW 42.30.200. Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750 through 28B.15.754. Insurance for officers, employees and students: RCW 28B.10.660. Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730 through 28B.15.736. Real property, acquisition of authorized: RCW 28B.10.020. Students insurance: RCW 28B.10.660. loan fund under national defense education act: RCW 28B.10.280. 28B.40.010 Designation. The only state college in Washington shall be in Thurston county, The Evergreen State College. [1977 ex.s. c 169 § 64; 1969 ex.s. c 223 § 28B.40.010. Prior: 1967 c 47 § 6; 1961 c 62 § 2; 1957 c 147 § 2; prior: (i) 1909 c 97 p 251 § 1, part; 1897 c 118 § 212; 1893 c 107 § 1; RRS § 4604, part. (ii) 1937 c 23 § 1; RRS § 4604-1. (iii) 1937 c 23 § 2; RRS § 4604-2. (iv) 1937 c 23 § 3; RRS § 4604-3. Formerly RCW 28.81.010.] 28B.40.010 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.40.100 Trustees—Appointment—Terms—Quorum—Vacancies. (1) The governance of The Evergreen State College 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 student body. 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 college 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, 28B.40.100 [Title 28B RCW—page 131] 28B.40.105 Title 28B RCW: Higher Education 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. [2006 c 78 § 4; 1998 c 95 § 4; 1985 c 137 § 2; 1979 ex.s. c 103 § 5; 1977 ex.s. c 169 § 65; 1973 c 62 § 11; 1969 ex.s. c 223 § 28B.40.100. Prior: 1967 ex.s. c 5 § 2; 1957 c 147 § 3; prior: (i) 1909 c 97 p 251 § 1, part; 1897 c 118 § 212; 1893 c 107 § 1; RRS § 4604, part. (ii) 1909 c 97 p 251 § 2; 1897 c 118 § 213; 1893 c 107 § 2; RRS § 4605. Formerly RCW 28.81.020.] Present terms not affected—Severability—1979 ex.s. c 103: See notes following RCW 28B.20.100. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Savings—Severability—1973 c 62: See notes following RCW 28B.10.510. 28B.40.105 Trustees—Organization and officers of board—Quorum. The board of The Evergreen State College trustees shall elect one of its members chairman, and it shall elect a secretary, who may or may not be a member of the board. The 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. [1977 ex.s. c 169 § 66; 1969 ex.s. c 223 § 28B.40.105. Prior: 1909 p 252 § 3; RRS § 4606; prior: 1897 c 118 § 214; 1893 c 107 § 3. Formerly RCW 28.81.030 and 28.81.050(1), (2).] 28B.40.105 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.40.110 Trustees—Meetings of board. The board of The Evergreen State College trustees 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 chairman or by a majority of the board. Public notice of all meetings shall be given in accordance with chapter 42.32 RCW. [1977 ex.s. c 169 § 67; 1969 ex.s. c 223 § 28B.40.110. Prior: 1917 c 128 § 1, part; 1909 c 97 p 253 § 6, part; RRS § 4609, part; prior: 1897 c 118 § 217, part; 1893 c 107 § 6, part. Formerly RCW 28.81.040, part.] 28B.40.110 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Open public meetings act: Chapter 42.30 RCW. 28B.40.120 Trustees—General powers and duties of board. In addition to any other powers and duties prescribed by law, the board of trustees of The Evergreen State College: (1) Shall have full control of the state college and its property of various kinds, except as otherwise provided by law. 28B.40.120 [Title 28B RCW—page 132] (2) Shall employ the president of the state college, his 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 state college, 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 college 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 college. (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 college. (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 college 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 college 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 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. (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 college. [2006 c 263 § 825; 2004 c 275 § 56; 1985 c 370 § 95; 1977 ex.s. c 169 § 68; 1969 ex.s. c 223 § 28B.40.120. Prior: 1909 c 97 p 252 § 4; RRS § 4607; prior: 1905 c 85 § 1; 1897 c 118 § 215; 1893 c 107 § 4. Formerly RCW 28.81.050.] Findings—Purpose—Part headings not law—2006 c 263: See notes following RCW 28A.150.230. Part headings not law—2004 c 275: See note following RCW 28B.76.030. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. (2008 Ed.) The Evergreen State College 28B.40.190 Trustees—Fire protection services. Subject to the provisions of RCW 35.21.779, the board of trustees of The Evergreen State College 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 college; (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. [1992 c 117 § 2; 1977 ex.s. c 169 § 69; 1970 ex.s. c 15 § 28.] 28B.40.190 Findings—1992 c 117: See note following RCW 35.21.775. Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. Severability—1970 ex.s. c 15: See note following RCW 28A.230.160. 28B.40.195 Treasurer—Appointment, term, duties, bonds. Each board of state college trustees shall appoint a treasurer who shall be the financial officer of the board and who shall hold office during the pleasure of the board. Each treasurer shall render a true and faithful account of all moneys received and paid out by him, and shall give bond for the faithful performance of the duties of his office in such amount as the trustees require: PROVIDED, That the respective colleges shall pay the fees for any such bonds. [1977 c 52 § 1.] 28B.40.195 Regional universities—Designation: RCW 28B.35.010. 28B.40.196 Credits—Statewide transfer policy and agreement—Establishment. See RCW 28B.76.240 and 28B.76.2401. 28B.40.196 28B.40.200 Bachelor degrees authorized. The degree of bachelor of arts or the degree of bachelor of science and/or the degree of bachelor of arts in education may be granted to any student who has completed a four-year course of study or the equivalent thereof in The Evergreen State College. [1977 ex.s. c 169 § 70; 1969 ex.s. c 223 § 28B.40.200. Prior: 1967 c 231 § 1; 1967 c 47 § 7; 1947 c 109 § 1; 1933 c 13 § 1; Rem. Supp. 1947 § 4618-1. Formerly RCW 28.81.052; 28.81.050(16).] 28B.40.200 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.40.206 Degrees through master’s degrees authorized—Limitations—Honorary bachelor’s or master’s degrees. In addition to all other powers and duties given to them by law, the board of trustees of The Evergreen State College is hereby authorized to grant any degree through the master’s degree to any student who has completed a program of study and/or research in those areas which are determined by the faculty and board of trustees of the college to be appro28B.40.206 (2008 Ed.) 28B.40.305 priate for the granting of such degree: PROVIDED, That any degree authorized under this section shall be subject to the review and approval of the higher education coordinating board. The board of trustees, upon recommendation of the faculty, may also confer honorary bachelor’s or master’s degrees upon persons other than graduates of the institution, in recognition of their learning or devotion to education, literature, art, or science. No degree may be conferred in consideration of the payment of money or the donation of any kind of property. [1991 c 58 § 3; 1985 c 370 § 85; 1979 ex.s. c 78 § 1.] Severability—1979 ex.s. c 78: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 78 § 4.] 28B.40.230 Certificates, diplomas—Signing—Contents. Every diploma issued by The Evergreen State College shall be signed by the chairman of the board of trustees and by the president of the state college, 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. [1977 ex.s. c 169 § 72; 1969 ex.s. c 223 § 28B.40.230. Prior: 1917 c 128 § 4; 1909 c 97 p 254 § 9; RRS § 4615; prior: 1897 c 118 § 220; 1895 c 146 § 2; 1893 c 107 § 13. Formerly RCW 28.81.056; 28.81.050(15).] 28B.40.230 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.40.300 Model schools and training departments—Purpose. A model school or schools or training departments may be provided for The Evergreen State College, 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. [1977 ex.s. c 169 § 73; 1969 ex.s. c 223 § 28B.40.300. Prior: 1917 c 128 § 2; 1909 c 97 p 253 § 8; RRS § 4611; prior: 1897 c 118 § 219; 1893 c 107 § 12. Formerly RCW 28.81.058; 28.81.050(12).] 28B.40.300 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.40.305 Model schools and training departments—Trustees to estimate number of pupils required. The board of trustees of The Evergreen State College, if having a model school or training department as authorized by RCW 28B.40.300, 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 state college 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. [1977 ex.s. c 169 § 74; 1969 ex.s. c 223 § 28B.40.305. Prior: 1907 c 97 § 1; RRS § 4612. Formerly RCW 28.81.059; 28.81.050(13).] 28B.40.305 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. [Title 28B RCW—page 133] 28B.40.310 Title 28B RCW: Higher Education 28B.40.310 28B.40.310 Model schools and training departments—Requisitioning of pupils—President may refuse admission. 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 The Evergreen State College the number of pupils required in order to maintain such facility: PROVIDED, That the president of said state college may refuse to accept any such pupil as in his judgment would tend to reduce the efficiency of said model school or training department. [1977 ex.s. c 169 § 75; 1969 ex.s. c 223 § 28B.40.310. Prior: 1907 c 97 § 2; RRS § 4613. Formerly RCW 28.81.060.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.40.315 28B.40.315 Model schools and training departments—Report of attendance. 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 The Evergreen State College, since 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. [1977 ex.s. c 169 § 76; 1969 ex.s. c 223 § 28B.40.315. Prior: 1917 c 128 § 3; 1907 c 97 § 3; RRS § 4614. Formerly RCW 28.81.061; 28.81.050(14).] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.40.370 Disposition of building fees and normal school fund revenues—Bond payments—Capital projects accounts for construction, equipment, maintenance of buildings, etc. See RCW 28B.35.370. 28B.40.370 28B.40.390 Duties of president. The president of The Evergreen State College shall have general supervision of the college and see that all laws and rules of the board of trustees are observed. [1977 ex.s. c 169 § 81; 1969 ex.s. c 223 § 28B.40.390. Prior: 1909 c 97 p 253 § 7; RRS § 4610; prior: 1897 c 118 § 218; 1893 c 107 § 7. Formerly RCW 28.81.110.] 28B.40.390 Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.40.500 Annuities and retirement income plans for faculty members. See RCW 28B.10.400 through 28B.10.423. 28B.40.500 28B.40.505 Tax deferred annuities for employees. See RCW 28B.10.480. 28B.40.505 FINANCING BUILDINGS AND FACILITIES—1961 ACT 28B.40.700 Construction, remodeling, improvement, financing, etc.—Authorized. See RCW 28B.35.700. 28B.40.700 28B.40.710 Definitions. 28B.40.710 See RCW 28B.35.710. 28B.40.720 Contracts, issuance of evidences of indebtedness, bonds, acceptance of grants. See RCW 28B.35.720. 28B.40.720 28B.40.730 Bonds—Issuance, sale, form, term, interest, etc.—Covenants—Deposit of proceeds. See RCW 28B.35.730. 28B.40.730 28B.40.740 Disposition of building fees and normal school fund revenues—Bond payments, etc. See RCW 28B.35.370. 28B.40.740 28B.40.750 Funds payable into bond retirement funds—Pledge of building fees. See RCW 28B.35.750. 28B.40.750 28B.40.320 28B.40.320 High-technology education and training. See chapter 28B.65 RCW. 28B.40.751 Disposition of certain normal school fund revenues. See RCW 28B.35.751. 28B.40.751 28B.40.350 28B.40.350 Suspension and expulsion. Any student may be suspended or expelled from The Evergreen State College who is found to be guilty of an infraction of the regulations of the institution. [1977 ex.s. c 169 § 77; 1969 ex.s. c 223 § 28B.40.350. Prior: 1961 ex.s. c 13 § 2, part; prior: (i) 1909 c 97 p 255 § 13; RRS § 4620. (ii) 1921 c 136 § 1, part; 1905 c 85 § 3, part; RRS § 4616, part. Formerly RCW 28.81.070.] Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes following RCW 28B.10.016. 28B.40.360 28B.40.360 State college fees. RCW. [Title 28B RCW—page 134] See chapter 28B.15 28B.40.760 Additional powers of board—Issuance of bonds, investments, transfer of funds, etc. See RCW 28B.35.760. 28B.40.760 28B.40.770 Refunding bonds. See RCW 28B.35.770. 28B.40.770 28B.40.780 Bonds not general obligation—Legislature may provide additional means of payment. See RCW 28B.35.780. 28B.40.780 28B.40.790 Other laws not repealed or limited. RCW 28B.35.790. 28B.40.790 See (2008 Ed.) Branch Campuses 28B.40.795 Acquisition, construction, equipping and betterment of lands, buildings and facilities at universities and The Evergreen State College. See RCW 28B.10.300 through 28B.10.330. 28B.45.012 28B.45.010 28B.45.012 28B.45.014 islature also finds that a citizen’s place of residence can restrict that citizen’s access to educational opportunity at the upper division and graduate level. Because most of the state-supported baccalaureate universities are located in areas removed from major metropolitan areas, the legislature finds that many of the state’s citizens, especially those citizens residing in the central Puget Sound area, the Tri-Cities, Spokane, Vancouver, and Yakima, have insufficient and inequitable access to upperdivision baccalaureate and graduate education. This lack of sufficient educational opportunities in urban areas makes it difficult or impossible for place-bound individuals, who are unable to relocate, to complete a baccalaureate or graduate degree. It also exacerbates the difficulty financially needy students have in attending school, since many of those students need to work, and work is not always readily available in some communities where the baccalaureate institutions of higher education are located. The lack of sufficient educational opportunities in metropolitan areas also affects the economy of the underserved communities. Businesses benefit from access to the research and teaching capabilities of institutions of higher education. The absence of these institutions from some of the state’s major urban centers prevents beneficial interaction between businesses in these communities and the state’s universities. The Washington state master plan for higher education, adopted by the higher education coordinating board, recognizes the need to expand upper-division and graduate educational opportunities in the state’s large urban centers. The board has also attempted to provide a means for helping to meet future educational demand through a system of branch campuses in the state’s major urban areas. The legislature endorses the assignment of responsibility to serve these urban centers that the board has made to various institutions of higher education. The legislature also endorses the creation of branch campuses for the University of Washington and Washington State University. The legislature recognizes that, among their other responsibilities, the state’s comprehensive community colleges share with the four-year universities and colleges the responsibility of providing the first two years of a baccalaureate education. It is the intent of the legislature that the fouryear institutions and the community colleges work as cooperative partners to ensure the successful and efficient operation of the state’s system of higher education. The legislature further intends that the four-year institutions work cooperatively with the community colleges to ensure that branch campuses are operated as models of a two plus two educational system. [1989 1st ex.s. c 7 § 1.] 28B.45.010 Legislative findings. The legislature finds that the benefits of higher education should be more widely available to the citizens of the state of Washington. The leg- 28B.45.012 Findings—Intent. (1) In 1989, the legislature created five branch campuses to be operated by the state’s two public research universities. Located in growing urban areas, the branch campuses were charged with two missions: (a) Increasing access to higher education by focusing on upper division and graduate programs, targeting placebound students, and operating as models of a two plus two educational system in cooperation with the community colleges; and 28B.40.795 28B.40.810 The Evergreen State College—Established. There is hereby established in Thurston county a state college, The Evergreen State College. [1969 ex.s. c 223 § 28B.40.810. Prior: 1967 c 47 § 2. Formerly RCW 28.81.610.] 28B.40.810 Legislative declaration of purpose: See 1967 c 47 § 1. Site selection and initial procedure to prepare college for reception of students: See 1967 c 47 § 4. 28B.40.820 The Evergreen State College—Trustees—Appointment—Terms. The terms of office and date of commencement thereof of the five member board of trustees of The Evergreen State College appointed by the governor prior to August 1, 1967, shall be the same as prescribed by law for trustees of state colleges under RCW 28B.40.100, as now or hereafter amended, except that initial appointments shall be for terms as follows: One for two years, one for three years, one for four years, one for five years, and one for six years. [1969 ex.s. c 223 § 28B.40.820. Prior: 1967 c 47 § 3. Formerly RCW 28.81.620.] 28B.40.820 28B.40.830 The Evergreen State College—Trustees, powers and duties—Existing statutes as applicable to college—Federal benefits and donations. The board of trustees of The Evergreen State College shall have all the powers and duties as are presently or may hereafter be granted to existing state colleges by law. All statutes pertaining to the existing state colleges shall have full force and application to The Evergreen State College. The Evergreen State College is hereby deemed entitled to receive and share in all the benefits and donations made and given to similar institutions by the enabling act or other federal law to the same extent as other state colleges are entitled to receive and share in such benefits and donations. [1969 ex.s. c 223 § 28B.40.830. Prior: 1967 c 47 § 5. Formerly RCW 28.81.630.] 28B.40.830 Chapter 28B.45 Chapter 28B.45 RCW BRANCH CAMPUSES Sections Legislative findings. Findings—Intent. Mission—Collaboration with community and technical colleges—Alternative models—Legislative intent—Monitoring and evaluation—Reports to the legislature. 28B.45.020 University of Washington Tacoma—University of Washington Bothell. 28B.45.0201 Findings. 28B.45.030 Washington State University—Tri-Cities area. 28B.45.040 Washington State University Vancouver. 28B.45.060 Central Washington University—Yakima area. 28B.45.080 Partnership between community and technical colleges and branch campuses. 28B.45.010 (2008 Ed.) 28B.45.012 [Title 28B RCW—page 135] 28B.45.014 Title 28B RCW: Higher Education (b) Promoting regional economic development by responding to demand for degrees from local businesses and supporting regional economies through research activities. (2) Fifteen years later, the legislature finds that branch campuses are responding to their original mission: (a) Branch campuses accounted for half of statewide upper division and graduate public enrollment growth since 1990; (b) Branch campuses have grown steadily and enroll increasing numbers of transfer students each year; (c) Branch campuses enroll proportionately more older and part-time students than their main campuses and attract increasing proportions of students from nearby counties; (d) Although the extent of their impact has not been measured, branch campuses positively affect local economies and offer degree programs that roughly correspond with regional occupational projections; and (e) The capital investments made by the state to support branch campuses represent a significant benefit to regional economic development. (3) However, the legislature also finds the policy landscape in higher education has changed since the original creation of the branch campuses. Demand for access to baccalaureate and graduate education is increasing rapidly. Economic development efforts increasingly recognize the importance of focusing on local and regional economic clusters and improving collaboration among communities, businesses, and colleges and universities. Each branch campus has evolved into a unique institution, and it is appropriate to assess the nature of this evolution to ensure the role and mission of each campus is aligned with the state’s higher education goals and the needs of the region where the campus is located. (4) Therefore, it is the legislature’s intent to recognize the unique nature of Washington’s higher education branch campuses, reaffirm the role and mission of each, and set the course for their continued future development. (5) It is the further intent of the legislature that the campuses be identified by the following names: University of Washington Bothell, University of Washington Tacoma, Washington State University Tri-Cities, and Washington State University Vancouver. [2004 c 57 § 1.] 28B.45.014 Mission—Collaboration with community and technical colleges—Alternative models—Legislative intent—Monitoring and evaluation—Reports to the legislature. (1) The primary mission of the higher education branch campuses created under this chapter remains to expand access to baccalaureate and master’s level 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 possibil28B.45.014 [Title 28B RCW—page 136] ities 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 master’s level 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 universities. (6) In consultation with the higher education coordinating board, a branch campus may propose legislation to authorize practice-oriented or professional doctoral programs if: (a) Unique research facilities and equipment are located near the campus; or (b) the campus can clearly demonstrate student and employer demand in the region that is linked to regional economic development. (7) It is not the legislature’s intent to have each campus chart its own future path without legislative guidance. Instead, the legislature intends to consider carefully the mission and model of education that best suits each campus and best meets the needs of students, the community, and the region. The higher education coordinating board shall monitor and evaluate the addition of lower division students to 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. [2005 c 258 § 2; 2004 c 57 § 2.] Findings—Intent—2005 c 258: "(1) Since their creation in 1989, the research university branch campuses have significantly expanded access to baccalaureate and graduate education for placebound students in Washington’s urban and metropolitan cities. Furthermore, the campuses have contributed to community revitalization and economic development in their regions. The campuses have met their overall mission through the development of new degree programs and through collaboration with community and technical colleges. These findings were confirmed by a comprehensive review of the campuses by the Washington state institute for public policy in 2002 and 2003, and reaffirmed through legislation enacted in 2004 that directed four of the campuses to make recommendations for their future evolution. (2) The self-studies conducted by the University of Washington Bothell, University of Washington Tacoma, Washington State University Tri-Cities, and Washington State University Vancouver reflect thoughtful and strategic planning and involved the input of numerous students, faculty, community and business leaders, community colleges, advisory committees, and board members. The higher education coordinating board’s careful review (2008 Ed.) Branch Campuses provides a statewide context for the legislature to implement the next stage of the campuses. (3) Concurrently, the higher education coordinating board has developed a strategic master plan for higher education that sets a goal of increasing the number of students who earn college degrees at all levels: Associate, baccalaureate, and graduate. The strategic master plan also sets a goal to increase the higher education system’s responsiveness to the state’s economic needs. (4) The legislature finds that to meet both of the master plan’s goals and to provide adequate educational opportunities for Washington’s citizens, additional access is needed to baccalaureate degree programs. Expansion of the four campuses is one strategy for achieving the desired outcomes of the master plan. Other strategies must also be implemented through service delivery models that reflect both regional demands and statewide priorities. (5) Therefore, the legislature intends to increase baccalaureate access and encourage economic development through overall expansion of upper division capacity, continued development of two plus two programs in some areas of the state, authorization of four-year university programs in other areas of the state, and creation of new types of baccalaureate programs on a pilot basis. These steps will make significant progress toward achieving the master plan goals, but the legislature will also continue to monitor the development of the higher education system and evaluate what additional changes or expansion may be necessary." [2005 c 258 § 1.] 28B.45.020 28B.45.020 University of Washington Tacoma—University of Washington Bothell. (1) The University of Washington is responsible for ensuring the expansion of baccalaureate and graduate educational programs in the central Puget Sound area under rules or guidelines adopted by the higher education coordinating board and in accordance with proportionality agreements emphasizing access for transfer students developed with the state board for community and technical colleges. The University of Washington shall meet that responsibility through the operation of at least two branch campuses. One branch campus shall be located in the Tacoma area. Another branch campus shall be collocated with Cascadia Community College in the Bothell-Woodinville area. (2) At the University of Washington Tacoma, a top priority is expansion of upper division capacity for transfer students and graduate capacity and programs. Beginning in the fall of 2006, the campus may offer lower division courses linked to specific majors in fields not addressed at local community colleges. The campus shall admit lower division students through coadmission or coenrollment agreements with a community college, or through direct transfer for students who have accumulated approximately one year of transferable college credits. In addition to offering lower division courses linked to specific majors as addressed above, the campus may also directly admit freshmen and sophomores gradually and deliberately in accordance with the campus plan submitted to the higher education coordinating board in 2004. (3) At the University of Washington Bothell, a top priority is expansion of upper division capacity for transfer students and graduate capacity and programs. The campus shall also seek additional opportunities to collaborate with and maximize its collocation [colocation] with Cascadia Community College. Beginning in the fall of 2006, the campus may offer lower division courses linked to specific majors in fields not addressed at local community colleges. The campus may admit lower division students through coadmission or coenrollment agreements with a community college, or through direct transfer for students who have accumulated approximately one year of transferable college credits. In (2008 Ed.) 28B.45.030 addition to offering lower division courses linked to specific majors as addressed above, the campus may also directly admit freshmen and sophomores gradually and deliberately in accordance with the campus plan submitted to the higher education coordinating board in 2004. [2005 c 258 § 3; 1994 c 217 § 3; 1989 1st ex.s. c 7 § 3.] Findings—Intent—2005 c 258: See note following RCW 28B.45.014. Effective date—1994 c 217: See note following RCW 28B.45.0201. 28B.45.0201 Findings. The legislature finds that population growth in north King and south Snohomish counties has created a need to expand higher education and workforce training programs for the people living and working in those areas. In keeping with the recommendations of the higher education coordinating board, the legislature intends to help address those education and training needs through the creation of Cascadia Community College, expansion of educational opportunities at Lake Washington Technical College, and support of the University of Washington’s branch campus at Bothell-Woodinville. It is further the intention of the legislature, in keeping with the higher education coordinating board recommendations, that the Cascadia Community College and the University of Washington branch campus be collocated, and that the new community college and the University of Washington’s branch campus work in partnership to ensure that properly prepared students from community colleges and other institutions are able to transfer smoothly to the branch campus. The legislature further finds that a governing board for Cascadia Community College needs to be appointed and confirmed as expeditiously as possible. The legislature intends to work cooperatively with the governor to facilitate the appointment and confirmation of trustees for the college. [1994 c 217 § 1.] 28B.45.0201 Effective date—1994 c 217: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [April 1, 1994]." [1994 c 217 § 5.] 28B.45.030 Washington State University—Tri-Cities area. (1) Washington State University is responsible for providing baccalaureate and graduate level higher education programs to the citizens of the Tri-Cities area, under rules or guidelines adopted by the higher education coordinating board and in accordance with proportionality agreements emphasizing access for transfer students developed with the state board for community and technical colleges. Washington State University shall meet that responsibility through the operation of a branch campus in the Tri-Cities area. The branch campus shall replace and supersede the Tri-Cities university center. All land, facilities, equipment, and personnel of the Tri-Cities university center shall be transferred from the University of Washington to Washington State University. (2) In 2005, the legislature authorized the expansion on a limited basis of Washington State University’s branch campus in the Tri-Cities area. The legislature authorized the TriCities branch campus to continue providing innovative coadmission and coenrollment options with Columbia Basin College, and to expand its upper-division capacity for transfer students and graduate capacity and programs. The branch 28B.45.030 [Title 28B RCW—page 137] 28B.45.040 Title 28B RCW: Higher Education campus was given authority beginning in fall 2006 to offer lower-division courses linked to specific majors in fields not addressed at the local community colleges. The campus was also authorized to directly admit freshmen and sophomores for a bachelor’s degree program in biotechnology subject to approval by the higher education coordinating board. The legislature finds that the Tri-Cities community is very engaged in and committed to exploring the further expansion of Washington State University Tri-Cities branch campus into a four-year institution and considers this issue to be a top priority for the larger Tri-Cities region. (3) Washington State University Tri-Cities shall continue providing innovative coadmission and coenrollment options with Columbia Basin College, and expand its upper division capacity for transfer students and graduate capacity and programs. The campus shall also seek additional opportunities to collaborate with the Pacific Northwest national laboratory. Beginning in the fall of 2006, the campus may offer lower division courses linked to specific majors in fields not addressed at local community colleges. The campus may admit lower division students through coadmission or coenrollment agreements with a community college, or through direct transfer for students who have accumulated approximately one year of transferable college credits. In addition to offering lower division courses linked to specific majors as addressed above, the campus may also directly admit freshmen and sophomores for a bachelor’s degree program in biotechnology subject to approval by the higher education coordinating board. (4) The Washington State University Tri-Cities branch campus shall develop a plan for expanding into a four-year institution and shall identify new degree programs and course offerings focused on areas of specific need in higher education that exist in southeastern Washington. The branch campus’s plan should examine the resources and talent available in the Tri-Cities area, including but not limited to resources and talent available at the Pacific Northwest national laboratory, and how these resources and talent may best be used by the Tri-Cities branch campus to expand into a four-year institution. The branch campus shall submit its plan to the legislature and the higher education coordinating board by November 30, 2006. (5) Beginning in the fall of 2007, the Washington State University Tri-Cities branch campus may begin, subject to approval by the higher education coordinating board, admitting lower-division students directly into programs beyond the biotechnology field that are identified in its plan as being in high need in southeastern Washington. Such fields may include but need not be limited to science, engineering and technology, biomedical sciences, alternative energy, and computational and information sciences. By gradually and deliberately admitting freshmen and sophomores in accordance with its plan, increasing transfer enrollment, and coadmitting transfer students, the campus shall develop into a four-year institution serving the southeastern Washington region. [2006 c 166 § 1; 2005 c 258 § 4; 1989 1st ex.s. c 7 § 4.] Findings—Intent—2005 c 258: See note following RCW 28B.45.014. [Title 28B RCW—page 138] 28B.45.040 Washington State University Vancouver. (1) Washington State University is responsible for providing baccalaureate and graduate level higher education programs to the citizens of the southwest Washington area, under rules or guidelines adopted by the higher education coordinating board and in accordance with proportionality agreements emphasizing access for transfer students developed with the state board for community and technical colleges. Washington State University shall meet that responsibility through the operation of a branch campus in the southwest Washington area. (2) Washington State University Vancouver shall expand upper division capacity for transfer students and graduate capacity and programs and continue to collaborate with local community colleges on coadmission and coenrollment programs. In addition, beginning in the fall of 2006, the campus may admit lower division students directly. By simultaneously admitting freshmen and sophomores, increasing transfer enrollment, coadmitting transfer students, and expanding graduate and professional programs, the campus shall develop into a four-year institution serving the southwest Washington region. [2005 c 258 § 5; 1989 1st ex.s. c 7 § 5.] 28B.45.040 Findings—Intent—2005 c 258: See note following RCW 28B.45.014. 28B.45.060 Central Washington University— Yakima area. Central Washington University is responsible for providing upper-division and graduate level higher education programs to the citizens of the Yakima area, under rules or guidelines adopted by the higher education coordinating board. [1989 1st ex.s. c 7 § 7.] 28B.45.060 28B.45.080 Partnership between community and technical colleges and branch campuses. The higher education coordinating board shall adopt performance measures to ensure a collaborative partnership between the community and technical colleges and the branch campuses. The partnership shall be one in which the community and technical colleges prepare students for transfer to the upper-division programs of the branch campuses and the branch campuses work with community and technical colleges to enable students to transfer and obtain degrees efficiently. [2004 c 57 § 5; 1989 1st ex.s. c 7 § 8. Formerly RCW 28B.80.510.] 28B.45.080 Legislative findings—1989 1st ex.s. c 7: See RCW 28B.45.010. Chapter 28B.50 RCW COMMUNITY AND TECHNICAL COLLEGES Chapter 28B.50 (Formerly: Community colleges) Sections 28B.50.010 28B.50.020 28B.50.030 28B.50.040 28B.50.050 28B.50.060 28B.50.070 28B.50.080 28B.50.085 Short title. Purpose. Definitions. College districts enumerated. State board for community and technical colleges. Director of the state system of community and technical colleges—Appointment—Term—Qualifications—Salary and travel expenses—Duties. College board—Organization—Meetings—Quorum—Biennial report—Fiscal year. College board—Offices and office equipment, including necessary expenses. College board—Treasurer—Appointment, duties, bond— Depository. (2008 Ed.) Community and Technical Colleges 28B.50.090 28B.50.091 28B.50.092 28B.50.093 28B.50.094 28B.50.095 28B.50.096 28B.50.097 28B.50.098 28B.50.100 28B.50.130 28B.50.140 28B.50.1401 28B.50.1402 28B.50.1403 28B.50.1404 28B.50.1405 28B.50.1406 28B.50.141 28B.50.142 28B.50.143 28B.50.145 28B.50.150 28B.50.195 28B.50.196 28B.50.205 28B.50.215 28B.50.239 28B.50.242 28B.50.250 28B.50.252 28B.50.254 28B.50.256 28B.50.259 28B.50.271 28B.50.272 28B.50.273 28B.50.274 28B.50.301 28B.50.302 28B.50.305 28B.50.306 28B.50.307 28B.50.310 28B.50.311 28B.50.312 28B.50.313 28B.50.320 28B.50.327 28B.50.328 28B.50.330 (2008 Ed.) College board—Powers and duties. Board to waive fees for students finishing their high school education. Program for military personnel—Restrictions as to high school completion program. Program for military personnel—Limitation. Program for military personnel—Costs of funding. Registration at more than one community and technical college. Cooperation with workforce training and education coordinating board. Electronic job bank. Appointment of trustees for new college district. Boards of trustees—Generally. Boards of trustees—Bylaws, rules, and regulations—Chair and vice-chair—Terms—Quorum. Boards of trustees—Powers and duties. Lake Washington Technical College board of trustees. Renton Technical College board of trustees. Bellingham Technical College board of trustees. Bates Technical College board of trustees. Clover Park Technical College board of trustees. Cascadia Community College board of trustees. Credits—Statewide transfer policy and agreement—Establishment. Treasurer of board—Duties—Bond. Vendor payments, advances or reimbursements for. Community or technical college faculty senate. Out-of-district residence not to affect enrollment for state resident. Intercollegiate coaches—Minimum standards encouraged. Intercollegiate coaches—Training to promote coaching competence and techniques. AIDS information—Community and technical colleges. Overlapping service areas—Regional planning agreements. High-technology education and training. Video telecommunications programming. Adult education programs in common school districts, limitations—Certain federal programs, administration. Districts offering vocational educational programs—Local advisory committees—Advice on current job needs. Advisory council on adult education—Work force training and education coordinating board to monitor. Facilities shared by vocational-technical institute programs and K-12 programs. Program for dislocated forest products workers—Waiver from tuition and fees. Opportunity grant program. Opportunity grant program—Student eligibility—Funding— Performance measures—Documentation—Annual summary. Identification of job training programs—Designation as opportunity grant-eligible programs of study—Marketing. Opportunity partnership program. Title to or all interest in real estate, choses in action and assets obtained for vocational-technical institute purposes by school districts—Vest in or assigned to district board— Exceptions. Title to or all interest in real estate, choses in action and assets obtained for vocational-technical institute purposes by school districts—Vest in or assigned to state board for community and technical colleges—Exceptions. Seattle Vocational Institute—Findings. Seattle Vocational Institute—Mission—Advisory committee to advise. Seattle Vocational Institute—Funding. Community college fees. Community college fees—Waiver of tuition and fees for long-term unemployed or underemployed persons—Conditions—Rules. Resident tuition for participants in community college international student exchange program. Waiver of the nonresident portion of tuition and fees for students of foreign nations. Fees and other income—Deposit—Disbursement. Collection of student tuition and fees—Seattle Vocational Institute. Waivers of tuition and fees—Scholarships—Employment of instructional staff and faculty—Seattle Vocational Institute. Construction, reconstruction, equipping, and demolition of community and technical college facilities and acquisition of property—Revenue bond financing—Public bid. 28B.50.340 28B.50.350 28B.50.360 28B.50.370 28B.50.380 28B.50.390 28B.50.400 28B.50.401 28B.50.402 28B.50.403 28B.50.404 28B.50.405 28B.50.406 28B.50.407 28B.50.409 28B.50.410 28B.50.420 28B.50.430 28B.50.440 28B.50.450 28B.50.455 28B.50.460 28B.50.463 28B.50.465 28B.50.468 28B.50.482 28B.50.484 28B.50.489 28B.50.4891 28B.50.4892 28B.50.4893 28B.50.4894 28B.50.490 28B.50.500 28B.50.510 28B.50.520 28B.50.522 28B.50.528 28B.50.530 28B.50.531 Chapter 28B.50 Construction, reconstruction, equipping and demolition of community and technical college facilities and acquisition of property—Financing by bonds secured by pledge of building fees, grants. Construction, reconstruction, equipping and demolition of community and technical college facilities and acquisition of property—Bonds—Requirements. Construction, reconstruction, equipping, and demolition of community and technical college facilities and acquisition of property—Community and technical college capital projects account—Disposition of building fees. Construction, reconstruction, equipping and demolition of community and technical college facilities and acquisition of property—Bonds—Sources for payment of principal and interest on—Funds credited to bond retirement fund— Pledge to collect building fees. Construction, reconstruction, equipping and demolition of community college facilities and acquisition of property— Bonds—Additional powers incident to bond authorization. Construction, reconstruction, equipping and demolition of community college facilities and acquisition of property— Refunding bonds—Authorized—Form, term, issuance, etc.—Exchange or sale. Construction, reconstruction, equipping and demolition of community college facilities and acquisition of property— Bonds as limited obligation bonds—Additional means to pay principal and interest on. Transfer of moneys in community college bond retirement fund to state general fund—Purpose. Transfer of moneys in community and technical college bond retirement fund to state general fund—Exception. Refunding bonds—Authorized—Limitations. Refunding bonds—Issuance—Security. Refunding bonds—Community and technical college refunding bond retirement fund of 1974. Refunding bonds—Legislature may provide additional means of payments. Refunding bonds—Bonds legal investment for public funds. Bonds—Committee advice and consent prerequisite to issuance. Rehabilitation services for individuals with disabilities— Definitions. Rehabilitation services for individuals with disabilities— Powers and duties of state agency. Rehabilitation services for individuals with disabilities— Acceptance of federal aid. Construction of chapter when part thereof in conflict with federal requirements which are condition precedent to allocation of federal funds. Cooperative agreements with state and local agencies. Vocational education of individuals with disabilities—Procedures. Rehabilitation and job support services—Procedure—Register of eligible individuals and organizations. Use of false academic credentials—Penalties. Cost-of-living increases—Academic employees. Cost-of-living increases—Classified employees. Accumulated sick leave—Transferred employees of vocational-technical institutes. Health care service contracts—Transferred employees of vocational-technical institutes. Part-time academic employees—State-mandated benefits— Definitions. Part-time academic employees—State-mandated benefits— Reporting eligible employees. Part-time academic employees—Best practices compensation and employment—Task force—Report. Part-time academic employees—Sick leave. Part-time academic employees—Continuous health care eligibility—Employer contributions. Fiscal management—Powers and duties of officers and agencies. General provisions for institutions of higher education. State purchasing and material control, community college purchases. Federal funds, receipt of authorized. Office for adult literacy. Contracts with adjacent college district for administrative services. Agreements for use of services or facilities between district boards of trustees and school boards. Dual high school and college credit for secondary career and technical courses—Agreements. [Title 28B RCW—page 139] 28B.50.010 28B.50.532 Title 28B RCW: Higher Education Completion of industry certificate or credential—Agreements with skill centers. 28B.50.533 Contracts with common school districts for occupational and academic programs for high school students—Enrollment opportunities—Interlocal agreements. 28B.50.534 High school completion pilot program. 28B.50.535 Community or technical college—Issuance of high school diploma or certificate. 28B.50.536 General educational development test—Rules—Issuance of certificate of educational competence. 28B.50.551 Leave provisions. 28B.50.553 Attendance incentive program. 28B.50.600 School district bonds—Redemption of by school district to continue though facility under control of college district board. 28B.50.601 School district bonds—Redemption—Facilities under administration of college district board. 28B.50.740 School district bonds—Those issued for community and technical college facilities not considered indebtedness under statutory limitations on. 28B.50.810 Applied baccalaureate degree—Pilot programs. 28B.50.820 Baccalaureate degree programs—Agreements with regional universities, branch campuses, or the state college. 28B.50.835 Exceptional faculty awards—Intent. 28B.50.8351 Exceptional faculty awards—"Foundation" defined. 28B.50.837 Exceptional faculty awards—Established—Community and technical college faculty awards trust fund. 28B.50.839 Exceptional faculty awards—Guidelines—Matching funds—Donations—Disbursements. 28B.50.841 Exceptional faculty awards—Name of award—Duties of institution—Use of endowment proceeds. 28B.50.843 Exceptional faculty awards—Determination of award—Collective bargaining. 28B.50.844 Exceptional faculty awards—Eligibility of foundation for matching funds—Endowment fund management. 28B.50.850 Faculty tenure—Purpose. 28B.50.851 Faculty tenure—Definitions. 28B.50.852 Faculty tenure—Rules and regulations—Award of faculty tenure—Maximum probationary period. 28B.50.855 Faculty tenure—Written agreement embodying terms of employment furnished faculty. 28B.50.856 Faculty tenure—Evaluation of probationer by review committee—Progress report, acknowledgment of receipt— Recommendation as to tenure. 28B.50.857 Faculty tenure—Decision not to renew probationary appointment, notice by appointing authority, when. 28B.50.859 Faculty tenure—Tenure retained upon reduced work load assignment. 28B.50.860 Faculty tenure—Tenure retained upon administrative appointment. 28B.50.861 Faculty tenure—Dismissal only for sufficient cause. 28B.50.862 Faculty tenure—Certain grounds constituting sufficient cause. 28B.50.863 Faculty tenure—Review prior to dismissal—Scope—Recommendations of review committee. 28B.50.864 Faculty tenure—Appeal from decision for dismissal—Procedure. 28B.50.867 Faculty tenure—Tenure rights upon transfer of employment to another community or technical college. 28B.50.868 Faculty tenure—Faculty members currently employed granted tenure. 28B.50.869 Faculty tenure—Review committees, composition—Selection of faculty representatives, student representative. 28B.50.870 Faculty tenure—For certain educational programs operated in state correctional institutions. 28B.50.872 Periodic posttenure evaluation. 28B.50.873 Reduction in force of tenured or probationary faculty members due to financial emergency—Conditions—Procedure—Rights. 28B.50.874 Transfer of administration of vocational-technical institutes to system of community and technical colleges—Personnel rights. 28B.50.8742 Technical colleges—Employee option to reenroll in public employees’ benefits trust. 28B.50.8744 Technical colleges—Payment to public employees’ and retirees’ insurance account. 28B.50.875 Laboratory services for the analyzing of samples, public agencies may contract with college for. 28B.50.877 Technical colleges—Purchase of support services from school districts. 28B.50.880 Apprentices—-Recommendations of the state board for community and technical colleges. 28B.50.890 Apprentices—Associate degree pathway. 28B.50.895 Apprentice education waivers. [Title 28B RCW—page 140] 28B.50.901 28B.50.910 28B.50.912 28B.50.913 28B.50.914 28B.50.915 28B.50.917 28B.50.918 Regional higher education consortium management and leadership—Everett Community College—Educational plan. Severability—1969 ex.s. c 223. Transfer of powers from superintendent of public instruction and state board of education to state board for community and technical colleges. Transfer of powers from Washington institute for applied technology to Seattle Vocational Institute. Transfer of powers from school districts to state board for community and technical colleges. Transfer of powers from superintendent of public instruction to state board for community and technical colleges. Effective dates—1991 c 238. Severability—1991 c 238. Actions against educational boards—Defense—Costs—Payment of obligations from liability account: RCW 28B.10.840, 28B.10.842. AIDS information: Chapter 70.24 RCW. British Columbia—Tuition and fees—Reciprocity with Washington: RCW 28B.15.756 and 28B.15.758. Commercial activities by institutions of higher education—Development of policies governing: Chapter 28B.63 RCW. Community education programs: RCW 28A.620.020. Department of social and health services (including division of vocational rehabilitation): Chapter 43.20A RCW. Development of methods and protocols for measuring educational costs— Schedule of educational cost study reports: RCW 28B.76.310. Educational boards, insurance to protect and hold personally harmless: RCW 28B.10.840, 28B.10.844. Eye protection, public educational institutions: See RCW 70.100.010 through 70.100.040. Governing body of recognized student association at college or university, open public meetings act applicable to: RCW 42.30.200. Idaho—Tuition and fees—Reciprocity with Washington: RCW 28B.15.750 through 28B.15.754. 1972 community college facilities aid—Bond issue: Chapter 28B.56 RCW. 1975 community college general capital projects bond, act: Chapter 28B.58 RCW. 1975 community college special capital projects bond act: Chapter 28B.57 RCW. Oregon—Tuition and fees—Reciprocity with Washington: RCW 28B.15.730 through 28B.15.736. 28B.50.010 Short title. This chapter shall be known as and may be cited as the community and technical college act of 1991. [1991 c 238 § 20; 1969 ex.s. c 223 § 28B.50.010. Prior: 1967 ex.s. c 8 § 1. Formerly RCW 28.85.010.] 28B.50.010 28B.50.020 Purpose. The purpose of this chapter is to provide for the dramatically increasing number of students requiring high standards of education either as a part of the continuing higher education program or for occupational education and training, or for adult basic skills and literacy education, by creating a new, independent system of community and technical colleges which will: (1) Offer an open door to every citizen, regardless of his or her academic background or experience, at a cost normally within his or her economic means; (2) Ensure that each college district shall offer thoroughly comprehensive educational, training and service programs to meet the needs of both the communities and students served by combining high standards of excellence in academic transfer courses; realistic and practical courses in occupational education, both graded and ungraded; community services of an educational, cultural, and recreational nature; and adult education, including basic skills and general, family, and workforce literacy programs and services. 28B.50.020 (2008 Ed.) Community and Technical Colleges However, college districts containing only technical colleges shall maintain programs solely for occupational education, basic skills, and literacy purposes, and, for as long as a need exists, may continue those programs, activities, and services offered by the technical colleges during the twelve-month period preceding September 1, 1991; (3) Provide for basic skills and literacy education, and occupational education and technical training at technical colleges in order to prepare students for careers in a competitive workforce; (4) Provide or coordinate related and supplemental instruction for apprentices at community and technical colleges; (5) Provide administration by state and local boards which will avoid unnecessary duplication of facilities or programs; and which will encourage efficiency in operation and creativity and imagination in education, training and service to meet the needs of the community and students; (6) Allow for the growth, improvement, flexibility and modification of the community colleges and their education, training and service programs as future needs occur; and (7) Establish firmly that, except on a pilot basis as provided under RCW 28B.50.810, community colleges are, for purposes of academic training, two year institutions, and are an independent, unique, and vital section of our state’s higher education system, separate from both the common school system and other institutions of higher learning, and never to be considered for conversion into four-year liberal arts colleges. [2005 c 258 § 7; 1991 c 238 § 21; 1969 ex.s. c 261 § 17; 1969 ex.s. c 223 § 28B.50.020. Prior: 1967 ex.s. c 8 § 2.] Findings—Intent—2005 c 258: See note following RCW 28B.45.014. Severability—1969 ex.s. c 261: "If any provision of this 1969 amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected." [1969 ex.s. c 261 § 37. Formerly RCW 28.85.911.] 28B.50.030 Definitions. As used in this chapter, unless the context requires otherwise, the term: (1) "System" shall mean the state system of community and technical colleges, which shall be a system of higher education. (2) "Board" shall mean the workforce training and education coordinating board. (3) "College board" shall mean the state board for community and technical colleges created by this chapter. (4) "Director" shall mean the administrative director for the state system of community and technical colleges. (5) "District" shall mean any one of the community and technical college districts created by this chapter. (6) "Board of trustees" shall mean the local community and technical college board of trustees established for each college district within the state. (7) "Occupational education" shall mean that education or training that will prepare a student for employment that does not require a baccalaureate degree, and education and training leading to an applied baccalaureate degree. (8) "K-12 system" shall mean the public school program including kindergarten through the twelfth grade. (9) "Common school board" shall mean a public school district board of directors. 28B.50.030 (2008 Ed.) 28B.50.030 (10) "Community college" shall include those higher education institutions that conduct education programs under RCW 28B.50.020. (11) "Technical college" shall include those higher education institutions with the sole mission of conducting occupational education, basic skills, literacy programs, and offering on short notice, when appropriate, programs that meet specific industry needs. The programs of technical colleges shall include, but not be limited to, continuous enrollment, competency-based instruction, industry-experienced faculty, curriculum integrating vocational and basic skills education, and curriculum approved by representatives of employers and labor. For purposes of this chapter, technical colleges shall include Lake Washington Vocational-Technical Institute, Renton Vocational-Technical Institute, Bates Vocational-Technical Institute, Clover Park Vocational Institute, and Bellingham Vocational-Technical Institute. (12) "Adult education" shall mean all education or instruction, including academic, vocational education or training, basic skills and literacy training, and "occupational education" provided by public educational institutions, including common school districts for persons who are eighteen years of age and over or who hold a high school diploma or certificate. However, "adult education" shall not include academic education or instruction for persons under twentyone years of age who do not hold a high school degree or diploma and who are attending a public high school for the sole purpose of obtaining a high school diploma or certificate, nor shall "adult education" include education or instruction provided by any four year public institution of higher education. (13) "Dislocated forest product worker" shall mean a forest products worker who: (a)(i) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual’s principal occupation or previous industry because of a diminishing demand for his or her skills in that occupation or industry; or (ii) is self-employed and has been displaced from his or her business because of the diminishing demand for the business’ services or goods; and (b) at the time of last separation from employment, resided in or was employed in a rural natural resources impact area. (14) "Forest products worker" shall mean a worker in the forest products industries affected by the reduction of forest fiber enhancement, transportation, or production. The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries assigned the major group standard industrial classification codes "24" and "26" and the industries involved in the harvesting and management of logs, transportation of logs and wood products, processing of wood products, and the manufacturing and distribution of wood processing and logging equipment. The commissioner may adopt rules further interpreting these definitions. For the purposes of this subsection, "standard industrial classification code" means the code identified in RCW 50.29.025(3). (15) "Dislocated salmon fishing worker" means a finfish products worker who: (a)(i) Has been terminated or received notice of termination from employment and is unlikely to return to employment in the individual’s principal occupation or previous industry because of a diminishing demand for his [Title 28B RCW—page 141] 28B.50.040 Title 28B RCW: Higher Education or her skills in that occupation or industry; or (ii) is selfemployed and has been displaced from his or her business because of the diminishing demand for the business’s services or goods; and (b) at the time of last separation from employment, resided in or was employed in a rural natural resources impact area. (16) "Salmon fishing worker" means a worker in the finfish industry affected by 1994 or future salmon disasters. The workers included within this definition shall be determined by the employment security department, but shall include workers employed in the industries involved in the commercial and recreational harvesting of finfish including buying and processing finfish. The commissioner may adopt rules further interpreting these definitions. (17) "Rural natural resources impact area" means: (a) A nonmetropolitan county, as defined by the 1990 decennial census, that meets three of the five criteria set forth in subsection (18) of this section; (b) A nonmetropolitan county with a population of less than forty thousand in the 1990 decennial census, that meets two of the five criteria as set forth in subsection (18) of this section; or (c) A nonurbanized area, as defined by the 1990 decennial census, that is located in a metropolitan county that meets three of the five criteria set forth in subsection (18) of this section. (18) For the purposes of designating rural natural resources impact areas, the following criteria shall be considered: (a) A lumber and wood products employment location quotient at or above the state average; (b) A commercial salmon fishing employment location quotient at or above the state average; (c) Projected or actual direct lumber and wood products job losses of one hundred positions or more; (d) Projected or actual direct commercial salmon fishing job losses of one hundred positions or more; and (e) An unemployment rate twenty percent or more above the state average. The counties that meet these criteria shall be determined by the employment security department for the most recent year for which data is available. For the purposes of administration of programs under this chapter, the United States post office five-digit zip code delivery areas will be used to determine residence status for eligibility purposes. For the purpose of this definition, a zip code delivery area of which any part is ten miles or more from an urbanized area is considered nonurbanized. A zip code totally surrounded by zip codes qualifying as nonurbanized under this definition is also considered nonurbanized. The office of financial management shall make available a zip code listing of the areas to all agencies and organizations providing services under this chapter. (19) "Applied baccalaureate degree" means a baccalaureate degree awarded by a college under RCW 28B.50.810 for successful completion of a program of study that is: (a) Specifically designed for individuals who hold an associate of applied science degree, or its equivalent, in order to maximize application of their technical course credits toward the baccalaureate degree; and [Title 28B RCW—page 142] (b) Based on a curriculum that incorporates both theoretical and applied knowledge and skills in a specific technical field. (20) "Qualified institutions of higher education" means: (a) Washington public community and technical colleges; (b) Private career schools that are members of an accrediting association recognized by rule of the higher education coordinating board for the purposes of chapter 28B.92 RCW; and (c) Washington state apprenticeship and training council-approved apprenticeship programs. [2007 c 277 § 301; 2005 c 258 § 8; 2003 2nd sp.s. c 4 § 33; 1997 c 367 § 13; 1995 c 226 § 17; 1992 c 21 § 5. Prior: 1991 c 315 § 15; 1991 c 238 § 22; 1985 c 461 § 14; 1982 1st ex.s. c 53 § 24; 1973 c 62 § 12; 1969 ex.s. c 261 § 18; 1969 ex.s. c 223 § 28B.50.030; prior: 1967 ex.s. c 8 § 3.] Findings—Part headings not law—2007 c 277: See notes following RCW 28B.50.271. Findings—Intent—2005 c 258: See note following RCW 28B.45.014. Conflict with federal requirements—Severability—Effective date— 2003 2nd sp.s. c 4: See notes following RCW 50.01.010. Severability—Conflict with federal requirements—Effective date— 1997 c 367: See notes following RCW 43.160.020. Severability—Conflict with federal requirements—Effective date— 1995 c 226: See notes following RCW 43.160.020. Intent—1991 c 315: "The legislature finds that: (1) The economic health and well-being of timber-dependent communities is of substantial public concern. The significant reduction in annual timber harvest levels likely will result in reduced economic activity and persistent unemployment and underemployment over time, which would be a serious threat to the safety, health, and welfare of residents of the timber impact areas, decreasing the value of private investments and jeopardizing the sources of public revenue. (2) Timber impact areas are most often located in areas that are experiencing little or no economic growth, creating an even greater risk to the health, safety, and welfare of these communities. The ability to remedy problems caused by the substantial reduction in harvest activity is beyond the power and control of the regulatory process and influence of the state, and the ordinary operations of private enterprise without additional governmental assistance are insufficient to adequately remedy the resulting problems of poverty and unemployment. (3) To address these concerns, it is the intent of the legislature to increase training and retraining services accessible to timber impact areas, and provide for coordination of noneconomic development services in timber impact areas as economic development efforts will not succeed unless social, housing, health, and other needs are addressed." [1991 c 315 § 1.] Severability—Conflict with federal requirements—Effective date— 1991 c 315: See RCW 50.70.900 through 50.70.902. Severability—1985 c 461: See note following RCW 41.06.020. Severability—1982 1st ex.s. c 53: See note following RCW 41.06.020. Savings—Severability—1973 c 62: See notes following RCW 28B.10.510. Severability—1969 ex.s. c 261: See note following RCW 28B.50.020. 28B.50.040 College districts enumerated. The state of Washington is hereby divided into thirty college districts as follows: (1) The first district shall encompass the counties of Clallam and Jefferson; (2) The second district shall encompass the counties of Grays Harbor and Pacific; (3) The third district shall encompass the counties of Kitsap and Mason; 28B.50.040 (2008 Ed.) Community and Technical Colleges (4) The fourth district shall encompass the counties of San Juan, Skagit and Island; (5) The fifth district shall encompass Snohomish county except for the Northshore common school district and that portion encompassed by the twenty-third district created in subsection (23) of this section: PROVIDED, That the fifth district shall encompass the Everett Community College; (6) The sixth district shall encompass the present boundaries of the common school districts of Seattle and Vashon Island, King county; (7) The seventh district shall encompass the present boundary of the common school district of Shoreline in King county; (8) The eighth district shall encompass the present boundaries of the common school districts of Bellevue, Issaquah, Mercer Island, Skykomish and Snoqualmie, King county; (9) The ninth district shall encompass the present boundaries of the common school districts of Federal Way, Highline and South Central, King county; (10) The tenth district shall encompass the present boundaries of the common school districts of Auburn, Black Diamond, Renton, Enumclaw, Kent, Lester and Tahoma, King county, and the King county portion of Puyallup common school district No. 3; (11) The eleventh district shall encompass all of Pierce county, except for the present boundaries of the common school districts of Tacoma and Peninsula; (12) The twelfth district shall encompass Lewis county, the Rochester common school district No. 401, the Tenino common school district No. 402 of Thurston county, and the Thurston county portion of the Centralia common school district No. 401; (13) The thirteenth district shall encompass the counties of Cowlitz, and Wahkiakum; (14) The fourteenth district shall encompass the counties of Clark, Skamania and that portion of Klickitat county not included in the sixteenth district; (15) The fifteenth district shall encompass the counties of Chelan, Douglas and Okanogan; (16) The sixteenth district shall encompass the counties of Kittitas, Yakima, and that portion of Klickitat county included in United States census divisions 1 through 4; (17) The seventeenth district shall encompass the counties of Ferry, Lincoln (except consolidated school district 105-157-166J and the Lincoln county portion of common school district 167-202), Pend Oreille, Spokane, Stevens and Whitman; (18) The eighteenth district shall encompass the counties of Adams and Grant, and that portion of Lincoln county comprising consolidated school district 105-157-166J and common school district 167-202; (19) The nineteenth district shall encompass the counties of Benton and Franklin; (20) The twentieth district shall encompass the counties of Asotin, Columbia, Garfield and Walla Walla; (21) The twenty-first district shall encompass Whatcom county; (22) The twenty-second district shall encompass the present boundaries of the common school districts of Tacoma and Peninsula, Pierce county; (2008 Ed.) 28B.50.040 (23) The twenty-third district shall encompass that portion of Snohomish county within such boundaries as the state board for community and technical colleges shall determine: PROVIDED, That the twenty-third district shall encompass the Edmonds Community College; (24) The twenty-fourth district shall encompass all of Thurston county except the Rochester common school district No. 401, the Tenino common school district No. 402, and the Thurston county portion of the Centralia common school district No. 401; (25) The twenty-fifth district shall encompass all of Whatcom county; (26) The twenty-sixth district shall encompass the Northshore, Lake Washington, Bellevue, Mercer Island, Issaquah, Riverview, Snoqualmie Valley and Skykomish school districts; (27) The twenty-seventh district shall encompass the Renton, Kent, Auburn, Tahoma, and Enumclaw school districts and a portion of the Seattle school district described as follows: Commencing at a point established by the intersection of the Duwamish river and the south boundary of the Seattle Community College District (number six) and thence north along the centerline of the Duwamish river to the west waterway; thence north along the centerline of the west waterway to Elliot Bay; thence along Elliot Bay to a line established by the intersection of the extension of Denny Way to Elliot Bay; thence east along the line established by the centerline of Denny Way to Lake Washington; thence south along the shoreline of Lake Washington to the south line of the Seattle Community College District; and thence west along the south line of the Seattle Community College District to the point of beginning; (28) The twenty-eighth district shall encompass all of Pierce county; (29) The twenty-ninth district shall encompass all of Pierce county; and (30) The thirtieth district shall encompass the present boundaries of the common school districts of Lake Washington and Riverview in King county and Northshore in King and Snohomish counties. [1994 c 217 § 2; 1991 c 238 § 23; 1988 c 77 § 1; 1981 c 72 § 1; 1973 1st ex.s. c 46 § 7; 1969 ex.s. c 223 § 28B.50.040. Prior: 1967 ex.s. c 8 § 4. Formerly RCW 28.85.040.] Effective date—1994 c 217: See note following RCW 28B.45.0201. Findings—1994 c 217: See RCW 28B.45.0201. Effective date—1988 c 77: "Section 2 of this act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately. The remainder of this act shall take effect July 1, 1988." [1988 c 77 § 12.] Severability—1988 c 77: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1988 c 77 § 11.] District No. 23 Interlocal cooperation agreements by school districts in Snohomish county authorized—1981 c 72: "Any school district within Snohomish county may enter into interlocal cooperation agreements with any community college located within Snohomish county pursuant to the provisions of chapter 39.34 RCW." [1981 c 72 § 8.] Savings—Provisions of existing collective bargaining agreement— 1981 c 72: "Nothing contained in this amendatory act shall be construed to alter any provision of any existing collective bargaining agreement until any [Title 28B RCW—page 143] 28B.50.050 Title 28B RCW: Higher Education such agreement has expired or been modified pursuant to chapter 28B.52 RCW." [1981 c 72 § 9.] Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. Savings—Generally—1981 c 72: "Nothing in this amendatory act shall be construed to affect any existing rights, nor as affecting any actions, activities, or proceedings validated prior to the effective date of this amendatory act, nor as affecting any civil or criminal proceedings, nor any rule, regulation, or order promulgated, nor any administrative action taken prior to the effective date of this amendatory act, and the validity of any act performed with respect to Edmonds Community College, or any officer or employee thereof prior to the effective date of this amendatory act, is hereby validated." [1981 c 72 § 10.] Savings—Severability—1973 c 62: See notes following RCW 28B.10.510. Effective date of this amendatory act defined—1981 c 72: "The phrase "the effective date of this amendatory act" as used in sections 3, 4, 6 and 10 of this amendatory act shall mean July 1, 1981: PROVIDED, That nothing in this amendatory act shall prohibit any transfers mandated in section 4 hereof nor the action contemplated in section 11 hereof prior to such July 1, 1981." [1981 c 72 § 12.] Employees of, appointment and employment of: RCW 28B.50.060. Severability—1981 c 72: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 72 § 13.] Severability—1973 1st ex.s. c 46: See note following RCW 28B.10.704. 28B.50.050 28B.50.050 State board for community and technical colleges. There is hereby created the "state board for community and technical colleges", to consist of nine members who represent the geographic diversity of the state, and who shall be appointed by the governor, with the consent of the senate. At least two members shall reside east of the Cascade mountains. In making these appointments, the governor shall attempt to provide geographic balance and give consideration to representing labor, business, women, and racial and ethnic minorities, among the membership of the board. At least one member of the board shall be from business and at least one member of the board shall be from labor. The current members of the state board for community college education on September 1, 1991, shall serve on the state board for community and technical colleges until their terms expire. Successors to these members shall be appointed according to the terms of this section. A ninth member shall be appointed by September 1, 1991, for a complete term. The successors of the members initially appointed shall be appointed for terms of four years except that a person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualification of his or her successor. All members shall be citizens and bona fide residents of the state. Members of the college board shall be compensated in accordance with RCW 43.03.240 and shall receive reimbursement for travel expenses in accordance with RCW 43.03.050 and 43.03.060 for each day actually spent in attending to the duties as a member of the college board. The members of the college board may be removed by the governor for inefficiency, neglect of duty, or malfeasance in office, in the manner provided by RCW 28B.10.500. [1991 c 238 § 30; 1988 c 76 § 1; 1984 c 287 § 64; 1982 1st ex.s. c 30 § 9; 1975-’76 2nd ex.s. c 34 § 74; 1973 c 62 § 13; 1969 ex.s. c 261 § 19; 1969 ex.s. c 223 § 28B.50.050. Prior: 1967 ex.s. c 8 § 5.] Legislative findings—Severability—Effective date—1984 c 287: See notes following RCW 43.03.220. [Title 28B RCW—page 144] Severability—1969 ex.s. c 261: See note following RCW 28B.50.020. Appointment of director of state system of community and technical colleges, by: RCW 28B.50.060. Bond issue for capital projects for community colleges, 1981, board duties: RCW 28B.59D.010 through 28B.59D.070. Displaced homemaker act, board participation: RCW 28B.04.080. Occupational forecast—Agency consultation: RCW 50.38.030. Powers and duties: RCW 28B.50.090. 28B.50.060 Director of the state system of community and technical colleges—Appointment—Term— Qualifications—Salary and travel expenses—Duties. A director of the state system of community and technical colleges shall be appointed by the college board and shall serve at the pleasure of the college board. The director shall be appointed with due regard to the applicant’s fitness and background in education, and knowledge of and recent practical experience in the field of educational administration particularly in institutions beyond the high school level. The college board may also take into consideration an applicant’s proven management background even though not particularly in the field of education. The director shall devote his or her time to the duties of his or her office and shall not have any direct pecuniary interest in or any stock or bonds of any business connected with or selling supplies to the field of education within this state, in keeping with chapter 42.52 RCW. The director shall receive a salary to be fixed by the college board and shall be reimbursed for travel expenses incurred in the discharge of his or her official duties in accordance with RCW 43.03.050 and 43.03.060. The director shall be the executive officer of the college board and serve as its secretary and under its supervision shall administer the provisions of this chapter and the rules and orders established thereunder and all other laws of the state. The director shall attend, but not vote at, all meetings of the college board. The director shall be in charge of offices of the college board and responsible to the college board for the preparation of reports and the collection and dissemination of data and other public information relating to the state system of community and technical colleges. At the direction of the college board, the director shall, together with the chairman of the college board, execute all contracts entered into by the college board. The director shall, with the approval of the college board: (1) Employ necessary assistant directors of major staff divisions who shall serve at the director’s pleasure on such terms and conditions as the director determines, and (2) subject to the provisions of chapter 41.06 RCW the director shall, with the approval of the college board, appoint and employ such field and office assistants, clerks and other employees as may be required and authorized for the proper discharge of the functions of the college board and for whose services funds have been appropriated. The board may, by written order filed in its office, delegate to the director any of the powers and duties vested in or 28B.50.060 (2008 Ed.) Community and Technical Colleges imposed upon it by this chapter. Such delegated powers and duties may be exercised by the director in the name of the college board. [1994 c 154 § 306; 1991 c 238 § 31; 1975-’76 2nd ex.s. c 34 § 75; 1973 1st ex.s. c 46 § 8; 1973 c 62 § 14; 1969 ex.s. c 261 § 20; 1969 ex.s. c 223 § 28B.50.060. Prior: 1967 ex.s. c 8 § 6.] Parts and captions not law—Effective date—Severability—1994 c 154: See RCW 42.52.902, 42.52.904, and 42.52.905. Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes following RCW 2.08.115. Severability—1973 1st ex.s. c 46: See note following RCW 28B.10.704. Savings—Severability—1973 c 62: See notes following RCW 28B.10.510. Severability—1969 ex.s. c 261: See note following RCW 28B.50.020. High-technology coordinating board, director or designee member of: RCW 28B.65.040. 28B.50.070 College board—Organization—Meetings—Quorum—Biennial report—Fiscal year. The governor shall make the appointments to the college board. The college board shall organize, adopt a seal, and adopt bylaws for its administration, not inconsistent herewith, as it may deem expedient and may from time to time amend such bylaws. Annually the board shall elect a chairperson and vice chairperson; all to serve until their successors are appointed and qualified. The college board shall at its initial meeting fix a date and place for its regular meeting. Five members shall constitute a quorum, and no meeting shall be held with less than a quorum present, and no action shall be taken by less than a majority of the college board. Special meetings may be called as provided by its rules and regulations. Regular meetings shall be held at the college board’s established offices in Olympia, but whenever the convenience of the public or of the parties may be promoted, or delay or expenses may be prevented, it may hold its meetings, hearings or proceedings at any other place designated by it. Subject to RCW 40.07.040, the college board shall transmit a report in writing to the governor biennially which report shall contain such information as may be requested by the governor. The fiscal year of the college board shall conform to the fiscal year of the state. [1987 c 505 § 15; 1986 c 130 § 1; 1977 c 75 § 26; 1973 c 62 § 15; 1969 ex.s. c 223 § 28B.50.070. Prior: 1967 ex.s. c 8 § 7. Formerly RCW 28.85.070.] 28B.50.070 Savings—Severability—1973 c 62: See notes following RCW 28B.10.510. Fiscal year defined: RCW 43.88.020. 28B.50.080 College board—Offices and office equipment, including necessary expenses. Suitable offices and office equipment shall be provided by the state for the college board in the city of Olympia, and the college board may incur the necessary expense for office furniture, stationery, printing, incidental expenses, and other expenses necessary for the administration of this chapter. [1969 ex.s. c 223 § 28B.50.080. Prior: 1967 ex.s. c 8 § 8. Formerly RCW 28.85.080.] 28B.50.080 28B.50.085 College board—Treasurer—Appointment, duties, bond—Depository. The state board for com28B.50.085 (2008 Ed.) 28B.50.090 munity and technical colleges shall appoint a treasurer who shall be the financial officer of the board, who shall make such vendor payments and salary payments for the entire community and technical college system as authorized by the state board, and who shall hold office during the pleasure of the board. All moneys received by the state board and not required to be deposited elsewhere, shall be deposited in a depository selected by the board, which moneys shall be subject to the budgetary and audit provisions of law applicable to state agencies. The depository selected by the state board shall conform to the collateral requirements required for the deposit of other state funds. Disbursement shall be made by check signed by the treasurer. The treasurer shall render a true and faithful account of all moneys received and paid out by him or her and shall give bond for the faithful performance of the duties of his or her office in such amount as the board requires: PROVIDED, That the board shall pay the fee for any such bonds. [1991 c 238 § 32; 1981 c 246 § 4.] Severability—1981 c 246: See note following RCW 28B.50.090. 28B.50.090 College board—Powers and duties. The college board shall have general supervision and control over the state system of community and technical colleges. In addition to the other powers and duties imposed upon the college board by this chapter, the college board shall be charged with the following powers, duties and responsibilities: (1) Review the budgets prepared by the boards of trustees, prepare a single budget for the support of the state system of community and technical colleges and adult education, and submit this budget to the governor as provided in RCW 43.88.090; (2) Establish guidelines for the disbursement of funds; and receive and disburse such funds for adult education and maintenance and operation and capital support of the college districts in conformance with the state and district budgets, and in conformance with chapter 43.88 RCW; (3) Ensure, through the full use of its authority: (a) That each college district shall offer thoroughly comprehensive educational, training and service programs to meet the needs of both the communities and students served by combining high standards of excellence in academic transfer courses; realistic and practical courses in occupational education, both graded and ungraded; and community services of an educational, cultural, and recreational nature; and adult education, including basic skills and general, family, and workforce literacy programs and services. However, technical colleges, and college districts containing only technical colleges, shall maintain programs solely for occupational education, basic skills, and literacy purposes. For as long as a need exists, technical colleges may continue those programs, activities, and services they offered during the twelve-month period preceding May 17, 1991; (b) That each college district shall maintain an open-door policy, to the end that no student will be denied admission because of the location of the student’s residence or because of the student’s educational background or ability; that, insofar as is practical in the judgment of the college board, curriculum offerings will be provided to meet the educational and training needs of the community generally and the students thereof; and that all students, regardless of their differing 28B.50.090 [Title 28B RCW—page 145] 28B.50.090 Title 28B RCW: Higher Education courses of study, will be considered, known and recognized equally as members of the student body: PROVIDED, That the administrative officers of a community or technical college may deny admission to a prospective student or attendance to an enrolled student if, in their judgment, the student would not be competent to profit from the curriculum offerings of the college, or would, by his or her presence or conduct, create a disruptive atmosphere within the college not consistent with the purposes of the institution. This subsection (3)(b) shall not apply to competency, conduct, or presence associated with a disability in a person twenty-one years of age or younger attending a technical college; (4) Prepare a comprehensive master plan for the development of community and technical college education and training in the state; and assist the office of financial management in the preparation of enrollment projections to support plans for providing adequate college facilities in all areas of the state. The master plan shall include implementation of the vision, goals, priorities, and strategies in the statewide strategic master plan for higher education under RCW 28B.76.200 based on the community and technical college system’s role and mission. The master plan shall also contain measurable performance indicators and benchmarks for gauging progress toward achieving the goals and priorities; (5) Define and administer criteria and guidelines for the establishment of new community and technical colleges or campuses within the existing districts; (6) Establish criteria and procedures for modifying district boundary lines consistent with the purposes set forth in RCW 28B.50.020 as now or hereafter amended and in accordance therewith make such changes as it deems advisable; (7) Establish minimum standards to govern the operation of the community and technical colleges with respect to: (a) Qualifications and credentials of instructional and key administrative personnel, except as otherwise provided in the state plan for vocational education, (b) Internal budgeting, accounting, auditing, and financial procedures as necessary to supplement the general requirements prescribed pursuant to chapter 43.88 RCW, (c) The content of the curriculums and other educational and training programs, and the requirement for degrees and certificates awarded by the colleges, (d) Standard admission policies, (e) Eligibility of courses to receive state fund support; (8) Establish and administer criteria and procedures for all capital construction including the establishment, installation, and expansion of facilities within the various college districts; (9) Encourage innovation in the development of new educational and training programs and instructional methods; coordinate research efforts to this end; and disseminate the findings thereof; (10) Exercise any other powers, duties and responsibilities necessary to carry out the purposes of this chapter; (11) Authorize the various community and technical colleges to offer programs and courses in other districts when it determines that such action is consistent with the purposes set forth in RCW 28B.50.020 as now or hereafter amended; (12) Notwithstanding any other law or statute regarding the sale of state property, sell or exchange and convey any or all interest in any community and technical college real and [Title 28B RCW—page 146] personal property, except such property as is received by a college district in accordance with RCW 28B.50.140(8), when it determines that such property is surplus or that such a sale or exchange is in the best interests of the community and technical college system; (13) In order that the treasurer for the state board for community and technical colleges appointed in accordance with RCW 28B.50.085 may make vendor payments, the state treasurer will honor warrants drawn by the state board providing for an initial advance on July 1, 1982, of the current biennium and on July 1 of each succeeding biennium from the state general fund in an amount equal to twenty-four percent of the average monthly allotment for such budgeted biennium expenditures for the state board for community and technical colleges as certified by the office of financial management; and at the conclusion of such initial month and for each succeeding month of any biennium, the state treasurer will reimburse expenditures incurred and reported monthly by the state board treasurer in accordance with chapter 43.88 RCW: PROVIDED, That the reimbursement to the state board for actual expenditures incurred in the final month of each biennium shall be less the initial advance made in such biennium; (14) Notwithstanding the provisions of subsection (12) of this section, may receive such gifts, grants, conveyances, devises, and bequests of real or personal property from private sources as may be made from time to time, in trust or otherwise, whenever the terms and conditions thereof will aid in carrying out the community and technical college programs and may sell, lease or exchange, invest or expend the same or the proceeds, rents, profits and income thereof according to the terms and conditions thereof; and adopt regulations to govern the receipt and expenditure of the proceeds, rents, profits and income thereof; (15) The college board shall have the power of eminent domain; (16) Provide general supervision over the state’s technical colleges. The president of each technical college shall report directly to the director of the state board for community and technical colleges, or the director’s designee, until local control is assumed by a new or existing board of trustees as appropriate, except that a college president shall have authority over program decisions of his or her college until the establishment of a board of trustees for that college. The directors of the vocational-technical institutes on March 1, 1991, shall be designated as the presidents of the new technical colleges. [2004 c 275 § 57; 2003 c 130 § 6; 1991 c 238 § 33; 1982 c 50 § 1; 1981 c 246 § 2; 1979 c 151 § 20; 1977 ex.s. c 282 § 4; 1973 c 62 § 16; 1969 ex.s. c 261 § 21; 1969 ex.s. c 223 § 28B.50.090. Prior: 1967 ex.s. c 8 § 9.] Part headings not law—2004 c 275: See note following RCW 28B.76.030. Findings—Intent—2003 c 130: See note following RCW 28B.76.210. Severability—1981 c 246: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 246 § 6.] Severability—1977 ex.s. c 282: See note following RCW 28B.50.870. Savings—Severability—1973 c 62: See notes following RCW 28B.10.510. Severability—1969 ex.s. c 261: See note following RCW 28B.50.020. (2008 Ed.) Community and Technical Colleges Construction, reconstruction, equipping facilities—Financing: RCW 28B.50.340. Development of budget: RCW 43.88.090. 28B.50.100 under RCW 28C.18.060 and shall provide information and data in a format that is accessible to the board. [1991 c 238 § 79.] Eminent domain: Title 8 RCW. State budgeting, accounting, and reporting system: Chapter 43.88 RCW. 28B.50.091 Board to waive fees for students finishing their high school education. See RCW 28B.15.520. 28B.50.091 28B.50.092 Program for military personnel— Restrictions as to high school completion program. The state board for community and technical colleges may authorize any board of trustees to do all things necessary to conduct an education, training, and service program authorized by chapter 28B.50 RCW, as now or hereafter amended, for United States military personnel and their dependents, and department of defense civilians and their dependents, at any geographical location: PROVIDED, That such programs shall be limited to those colleges which conducted programs for United States military personnel prior to January 1, 1977: PROVIDED FURTHER, That any high school completion program conducted pursuant to this section shall comply with standards set forth in rules and regulations promulgated by the superintendent of public instruction and the state board of education: AND PROVIDED FURTHER, That the superintendent of public instruction shall issue the certificate or diploma in recognition of high school completion education provided pursuant to this section. [1991 c 238 § 34; 1977 ex.s. c 131 § 1; 1973 c 105 § 1.] 28B.50.092 28B.50.093 Program for military personnel—Limitation. Prior to the state board granting authorization for any programs authorized under RCW 28B.50.092, the state board shall determine that such authorization will not deter from the primary functions of the community and technical college system within the state of Washington as prescribed by chapter 28B.50 RCW. [1991 c 238 § 35; 1973 c 105 § 2.] 28B.50.093 28B.50.094 Program for military personnel—Costs of funding. The costs of funding programs authorized by RCW 28B.50.092 through 28B.50.094 shall ultimately be borne by grants or fees derived from nonstate treasury sources. [1973 c 105 § 3.] 28B.50.094 28B.50.095 Registration at more than one community and technical college. In addition to other powers and duties, the college board may issue rules and regulations permitting a student to register at more than one community and technical college, provided that such student shall pay tuition and fees as if the student were registered at a single college, but not to exceed tuition and fees charged a full-time student as established under chapter 28B.15 RCW. [1995 1st sp.s. c 9 § 11; 1991 c 238 § 36; 1983 c 3 § 40; 1973 c 129 § 1.] 28B.50.095 Intent—Purpose—Effective date—1995 1st sp.s. c 9: See notes following RCW 28B.15.031. 28B.50.096 Cooperation with workforce training and education coordinating board. The college board shall cooperate with the workforce training and education coordinating board in the conduct of the board’s responsibilities 28B.50.096 (2008 Ed.) 28B.50.097 Electronic job bank. (1) The college board shall create an electronic job bank on its web site to act as a clearinghouse for people seeking academic teaching positions at the state’s community and technical colleges. The job bank must be accessible on the internet. Use of the electronic job bank is not mandatory. (2) The college board shall include a separate section on its electronic job bank reserved for the exclusive listing of part-time academic employment opportunities at state community and technical colleges. (3) The separate section of the electronic job bank under subsection (2) of this section must, at a minimum, include an internet link to each of the following components, if available from the community or technical college offering the employment opportunity: (a) A description of the open position; (b) A listing of required skills and experience necessary for the position; and (c) The district where the employment opening exists. (4) The college board shall develop a strategy to promote its electronic job bank to prospective candidates. [2001 c 110 § 1.] 28B.50.097 28B.50.098 Appointment of trustees for new college district. In the event a new college district is created, the governor shall appoint new trustees to the district’s board of trustees in accordance with RCW 28B.50.100. [1991 c 238 § 134.] 28B.50.098 28B.50.100 Boards of trustees—Generally. There is hereby created a board of trustees for each college district as set forth in this chapter. Each board of trustees shall be composed of five trustees, who shall be appointed by the governor for terms commencing October 1st of the year in which appointed. In making such appointments the governor shall give consideration to geographical diversity, and representing labor, business, women, and racial and ethnic minorities, in the membership of the boards of trustees. The boards of trustees for districts containing technical colleges shall include at least one member from business and one member from labor. The successors of the trustees initially appointed shall be appointed by the governor to serve for a term of five years except that any person appointed to fill a vacancy occurring prior to the expiration of any term shall be appointed only for the remainder of the term. Each member shall serve until a successor is appointed and qualified. Every trustee shall be a resident and qualified elector of the college district. No trustee may be an employee of the community and technical college system, a member of the board of directors of any school district, or a member of the governing board of any public or private educational institution. Each board of trustees shall organize itself by electing a chairman from its members. The board shall adopt a seal and may adopt such bylaws, rules and regulations as it deems 28B.50.100 [Title 28B RCW—page 147] 28B.50.130 Title 28B RCW: Higher Education necessary for its own government. Three members of the board shall constitute a quorum, but a lesser number may adjourn from time to time and may compel the attendance of absent members in such manner as prescribed in its bylaws, rules, or regulations. The district president, or if there be none, the president of the college, shall serve as, or may designate another person to serve as, the secretary of the board, who shall not be deemed to be a member of the board. Members of the boards of trustees may be remo