RCW 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 s 44
. Prior:
1969 ex.s. c 223 s 28B.40.010
; prior:
1967 c 47 s 6
;
1961 c 62 s 2
;
1957 c 147 s 2
; prior: (i) 1909 c 97 p 251, part;
1897 c 118 s 212
;
1893 c 107 s 1
; RRS s 4604, part. (ii)
1937 c 23 s 1
; RRS s 4604-1. (iii)
1937 c 23 s 2
; RRS s 4604-2. (iv)
1937 c 23 s 3
; RRS s 4604-3. Formerly RCW 28B.40.010, part; 28.81.010.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
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 s 2
.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 s 3
;
1998 c 95 s 3
;
1985 c 137 s 1
;
1979 ex.s. c 103 s 4
;
1977 ex.s. c 169 s 45
. Prior:
1973 c 62 s 11
;
1969 ex.s. c 223 s 28B.40.100
; prior:
1967 ex.s. c 5 s 2
;
1957 c 147 s 3
; prior: (i) 1909 c 97 p 251 s 1, part;
1897 c 118 s 212
;
1893 c 107 s 1
; RRS s 4604, part. (ii) 1909 c 97 p 251 s 2;
1897 c 118 s 213
;
1893 c 107 s 2
; RRS s 4605. Formerly RCW 28B.40.100, part; 28.81.020.]
NOTES:
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
.
RCW 28B.35.105
Trustees
—
Organization and officers of board
—
Quorum.
Each board of regional university trustees shall elect one of its members chair, and it shall elect a secretary, who may or may not be a member of the board. Each board shall have power to adopt bylaws for its government and for the government of the school, which bylaws shall not be inconsistent with law, and to prescribe the duties of its officers, committees, and employees. A majority of the board shall constitute a quorum for the transaction of all business.
[
2011 c 336 s 726
;
1977 ex.s. c 169 s 46
. Prior:
1969 ex.s. c 223 s 28B.40.105
; prior:
1909 p 252 s 3
; RRS s 4606; prior:
1897 c 118 s 214
;
1893 c 107 s 3
. Formerly RCW 28B.40.105, part; 28.81.030 and
28.81.050
(1), (2).]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.35.110
Trustees
—
Open public meetings.
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, and shall follow procedures for open public meetings in chapter
42.30
RCW. Each board shall provide time for public comment at each meeting. Special meetings shall be held as may be deemed necessary, whenever called by the chair or by a majority of the board. Public notice of all meetings shall be given in accordance with *chapter
42.32
RCW.
[
2012 c 228 s 3
;
2011 c 336 s 727
;
1977 ex.s. c 169 s 47
. Prior:
1969 ex.s. c 223 s 28B.40.110
; prior: 1917 c 128 s 1, part; 1909 c 97 p 253 s 6, part; RRS s 4609, part; prior: 1897 c 118 s 217, part; 1893 c 107 s 6, part. Formerly RCW 28B.40.110, part; 28.81.040, part.]
NOTES:
*Reviser's note:
The only section in chapter
42.32
RCW, RCW 42.32.030, was recodified as RCW 42.30.035
pursuant to
2017 3rd sp.s. c 25 s 30
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
Open public meetings act: Chapter
42.30
RCW.
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 or her assistants, members of the faculty, and other employees of the institution, who, except as otherwise provided by law, shall hold their positions, until discharged therefrom by the board for good and lawful reason.
(3) With the assistance of the faculty of the regional 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) May 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, shall 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) In accordance with RCW 28B.77.080, may 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 regional university.
[
2012 c 229 s 809
;
2011 c 336 s 728
;
2006 c 263 s 824
;
2004 c 275 s 54
;
1985 c 370 s 94
;
1977 ex.s. c 169 s 48
. Prior:
1969 ex.s. c 223 s 28B.40.120
; prior: 1909 c 97 p 252 s 4; RRS s 4607; prior:
1905 c 85 s 1
;
1897 c 118 s 215
;
1893 c 107 s 4
. Formerly RCW 28B.40.120, part; 28.81.050.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
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.76.090
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 s 1
;
1977 ex.s. c 169 s 49
. Prior:
1970 ex.s. c 15 s 28
. Formerly RCW 28B.40.190, part.]
NOTES:
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
.
RCW 28B.35.195
Treasurer
—
Appointment, term, duties, bonds.
See RCW 28B.40.195
.
RCW 28B.35.196
Credits
—
Statewide transfer policy and agreement
—
Establishment.
See RCW 28B.77.210
and
28B.77.215
.
RCW 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 s 50
. Prior:
1969 ex.s. c 223 s 28B.40.200
; prior:
1967 c 231 s 1
;
1967 c 47 s 7
;
1947 c 109 s 1
;
1933 c 13 s 1
; Rem. Supp. 1947 s 4618-1. Formerly RCW 28B.40.200, part; 28.81.052; 28.81.050(16).]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.35.202
Educational specialist degrees.
The boards of trustees of Central Washington University, Eastern Washington University, and Western Washington University may offer educational specialist degrees.
[
2013 c 296 s 1
;
2012 c 229 s 810
;
2011 c 136 s 1
.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
RCW 28B.35.205
Degrees through master's degrees
—
Honorary degrees.
(1) 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.
(2) The board of trustees, upon recommendation of the faculty, may also confer honorary bachelor's, master's, or doctorate level degrees upon persons 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.
(3) The board of trustees may also confer honorary degrees upon persons who request an honorary degree if they were students at the university in 1942 and did not graduate because they were ordered into an internment camp. The honorary degree may also be requested by a representative of deceased persons who meet these requirements. For the purposes of this subsection, "internment camp" means a relocation center to which persons were ordered evacuated by Presidential Executive Order 9066, signed February 19, 1942.
[
2012 c 229 s 811
;
2010 c 51 s 3
;
2009 c 295 s 1
;
1991 c 58 s 2
;
1985 c 370 s 84
;
1979 c 14 s 4
. Prior:
1977 ex.s. c 169 s 51
. Cf:
1975 1st ex.s. c 232 s 1
.]
NOTES:
Effective date
—
2012 c 229 ss 101, 117, 401, 402, 501 through 594, 601 through 609, 701 through 708, 801 through 821, 902, and 904:
See note following RCW 28B.77.005
.
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.35.210
Doctorate level degrees restricted.
The board of trustees of the regional universities may offer applied, but not research, doctorate level degrees.
[
2023 c 130 s 1
.]
RCW 28B.35.230
Certificates, diplomas
—
Signing
—
Contents.
Every diploma issued by a regional university shall be signed by the chair of the board of trustees and by the president of the regional university issuing the same, and sealed with the appropriate seal. In addition to the foregoing, teaching certificates shall be countersigned by the state superintendent of public instruction. Every certificate shall specifically state what course of study the holder has completed and for what length of time such certificate is valid in the schools of the state.
[
2011 c 336 s 729
;
1977 ex.s. c 169 s 53
. Prior:
1969 ex.s. c 223 s 28B.40.230
; prior:
1917 c 128 s 4
; 1909 c 97 p 254 s 9; RRS s 4615; prior:
1897 c 118 s 220
;
1895 c 146 s 2
;
1893 c 107 s 13
. Formerly RCW 28B.40.230, part; 28.81.056; 28.81.050(15).]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 s 54
. Prior:
1969 ex.s. c 223 s 28B.40.300
; prior:
1917 c 128 s 2
; 1909 c 97 p 253 s 8; RRS s 4611; prior:
1897 c 118 s 219
;
1893 c 107 s 12
. Formerly RCW 28B.40.300, part; 28.81.058; 28.81.050(12).]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 s 55
. Prior:
1969 ex.s. c 223 s 28B.40.305
; prior:
1907 c 97 s 1
; RRS s 4612. Formerly RCW 28B.40.305, part; 28.81.059; 28.81.050(13).]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 or her judgment would tend to reduce the efficiency of said model school or training department.
[
2011 c 336 s 730
;
1977 ex.s. c 169 s 56
. Prior:
1969 ex.s. c 223 s 28B.40.310
; prior:
1907 c 97 s 2
; RRS s 4613. Formerly RCW 28B.40.310, part; 28.81.060.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 s 57
. Prior:
1969 ex.s. c 223 s 28B.40.315
; prior:
1917 c 128 s 3
;
1907 c 97 s 3
; RRS s 4614. Formerly RCW 28B.40.315, part; 28.81.061; 28.81.050(14).]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 s 58
. Prior:
1969 ex.s. c 223 s 28B.40.350
; prior: 1961 ex.s. c 13 s 2, part; prior: (i) 1909 c 97 p 255 s 13; RRS s 4620. (ii) 1921 c 136 s 1, part; 1905 c 85 s 3, part; RRS s 4616, part. Formerly RCW 28B.40.350, part; 28.81.070.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 28B.35.370
Disposition of building fees and normal school fund revenues
—
Bond payments
—
Capital projects accounts.
Within 35 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 12 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 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 12-month period it shall appear that the amount certified by any such board of trustees is insufficient to pay and secure the payment of the principal of and interest on the outstanding building and above described normal school fund revenue bonds of its institution, the state treasurer shall notify the board of trustees and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal of and interest on all such bonds then outstanding shall be fully met at all times.
(2) All normal school fund revenue pursuant to RCW 28B.35.751
shall be deposited in the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, or The Evergreen State College capital projects account respectively, which accounts are hereby created in the state treasury. The sums deposited in the respective capital projects accounts shall be appropriated and expended to pay and secure the payment of the principal of and interest on bonds payable out of the building fees and normal school revenue and for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto except for any sums transferred therefrom as authorized by law. During the 2023-2025 and 2025-2027 fiscal biennia, sums in the respective capital accounts may also be used for routine facility maintenance, utility costs, and facility condition assessments.
(3) Funds available in the respective capital projects accounts may also be used for certificates of participation under chapter
39.94
RCW.
[
2025 c 414 s 8029
;
2023 c 474 s 8027
;
2021 c 332 s 7029
;
2019 c 413 s 7027
;
2017 3rd sp.s. c 1 s 954
;
2015 3rd sp.s. c 3 s 7029
;
2013 2nd sp.s. c 19 s 7030
;
2011 1st sp.s. c 48 s 7024
. Prior:
2009 c 499 s 5
;
2009 c 497 s 6021
;
1991 sp.s. c 13 s 49
; prior:
1985 c 390 s 47
;
1985 c 57 s 15
;
1977 ex.s. c 169 s 79
;
1969 ex.s. c 223 s 28B.40.370
; prior: 1967 c 47 ss 11, 14;
1965 c 76 s 2
;
1961 ex.s. c 14 s 5
;
1961 ex.s. c 13 s 4
. Formerly RCW 28B.40.370
; 28.81.085; 28.81.540.]
NOTES:
Effective date
—
2025 c 414:
See note following RCW 79A.25.210
.
Conflict with federal requirements
—
Effective date
—
2023 c 474:
See notes following RCW 28A.320.330
.
Effective date
—
2021 c 332:
See note following RCW 43.19.501
.
Effective date
—
2019 c 413:
See note following RCW 28B.15.210
.
Effective date
—
2017 3rd sp.s. c 1:
See note following RCW 43.41.455
.
Effective date
—
2015 3rd sp.s. c 3:
See note following RCW 43.160.080
.
Effective date
—
2013 2nd sp.s. c 19:
See note following RCW 43.34.080
.
Effective date
—
2011 1st sp.s. c 48:
See note following RCW 39.35B.050
.
Effective date
—
2009 c 497:
See note following RCW 28B.15.210
.
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
.
RCW 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 s 61
. Prior:
1969 ex.s. c 223 s 28B.40.390
; prior: 1909 c 97 p 253 s 7; RRS s 4610; prior:
1897 c 118 s 218
;
1893 c 107 s 7
. Formerly RCW 28B.40.390, part; 28.81.110.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 s 4
.]
NOTES:
Intent
—
Findings
—
1998 c 344:
See note following RCW 28B.10.029
.
RCW 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 s 62
.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 hereafter derived from the payment of building fees, gifts, bequests or grants and such additional funds as the legislature may provide.
[
1985 c 390 s 48
;
1977 ex.s. c 169 s 82
;
1969 ex.s. c 223 s 28B.40.700
. Prior:
1967 c 47 s 12
;
1961 ex.s. c 14 s 1
. Formerly RCW 28B.40.700
; 28.81.500.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 s 49
;
1977 ex.s. c 169 s 83
;
1969 ex.s. c 223 s 28B.40.710
. Prior:
1967 c 47 s 13
;
1961 ex.s. c 14 s 2
. Formerly RCW 28B.40.710
; 28.81.510.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 s 50
;
1977 ex.s. c 169 s 84
;
1969 ex.s. c 223 s 28B.40.720
. Prior:
1961 ex.s. c 14 s 3
. Formerly RCW 28B.40.720
; 28.81.520.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 chair 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 chair 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;
(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.
[
2011 c 336 s 731
;
1985 c 390 s 51
;
1977 ex.s. c 169 s 85
;
1970 ex.s. c 56 s 30
;
1969 ex.s. c 232 s 104
;
1969 ex.s. c 223 s 28B.40.730
. Prior:
1961 ex.s. c 14 s 4
. Formerly RCW 28B.40.730
; 28.81.530.]
NOTES:
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
.
RCW 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 s 52
;
1977 ex.s. c 169 s 86
;
1969 ex.s. c 223 s 28B.40.750
. Prior:
1961 ex.s. c 14 s 6
. Formerly RCW 28B.40.750
; 28.81.550.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 one-fourth 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 s 2
;
1991 sp.s. c 13 s 95
;
1977 ex.s. c 169 s 87
;
1969 ex.s. c 223 s 28B.40.751
. Prior:
1967 c 47 s 15
;
1965 c 76 s 1
. Formerly RCW 28B.40.751
; 28.81.551.]
NOTES:
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 s 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
.
RCW 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;
(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 s 88
;
1969 ex.s. c 223 s 28B.40.760
. Prior:
1961 ex.s. c 14 s 7
. Formerly RCW 28B.40.760
; 28.81.560.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 s 89
;
1970 ex.s. c 56 s 31
;
1969 ex.s. c 232 s 105
;
1969 ex.s. c 223 s 28B.40.770
. Prior:
1961 ex.s. c 14 s 8
. Formerly RCW 28B.40.770
; 28.81.570.]
NOTES:
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
.
RCW 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 s 90
;
1969 ex.s. c 223 s 28B.40.780
. Prior:
1961 ex.s. c 14 s 9
. Formerly RCW 28B.40.780
; 28.81.580.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.
RCW 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 s 91
;
1969 ex.s. c 223 s 28B.40.790
. Prior:
1961 ex.s. c 14 s 10
. Formerly RCW 28B.40.790
; 28.81.590.]
NOTES:
Severability
—
Nomenclature
—
Savings
—
1977 ex.s. c 169:
See notes following RCW 28B.10.016
.