Title 28B — Title 28B HIGHER EDUCATION
54 chapters · 1,103 sections in this title.
RCW 28B.07.010 Findings—Intent—Liberal construction.
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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 es…
RCW 28B.07.020 Definitions.
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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 board, body, commission, department or of…
RCW 28B.07.021 Definitions.
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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 suc…
RCW 28B.07.030 Washington higher education facilities authority—Created—Members—Chairperson—Records—Quorum—Compensation and travel expenses.
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(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 bo…
RCW 28B.07.040 Powers and duties.
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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 accomp…
RCW 28B.07.050 Special obligation bonds—Issuance—Personal liability—Debt limit.
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(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 trus…
RCW 28B.07.060 Bonds—Special obligations—Payment—Funds—Segregation of proceeds and moneys.
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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 au…
RCW 28B.07.070 Agreements with participant—Participant's payment of certain costs and expenses.
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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)…
RCW 28B.07.080 Moneys deemed trust funds—Agreement or trust indenture with bank or trust company authorized.
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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 re…
RCW 28B.07.090 Holders or owners of bonds—Trustees—Enforcement of rights—Purchase at foreclosure sale.
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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 t…
RCW 28B.07.100 Bonds are securities—Legal investments.
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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, savin…
RCW 28B.07.110 Projects or financing—Exemption from certain restrictions on procedures for awarding contracts.
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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 s 11…
RCW 28B.07.120 Bond counsel—Selection.
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(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 provi…
RCW 28B.07.130 Underwriters—Selection.
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(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 market…
RCW 28B.07.300 Student loan financing—Authority—Liability.
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(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 con…
RCW 28B.07.310 Administration of alternative state educational loans.
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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 guara…
RCW 28B.07.320 Revenue bonds—Issuance—Payment—Personal liability.
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(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…
RCW 28B.07.330 Revenue refunding bonds.
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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 …
RCW 28B.07.340 Trust funds—Trust agreements.
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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 …
RCW 28B.07.350 Proceeds fund.
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(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 exp…
RCW 28B.07.360 Default.
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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 t…
RCW 28B.07.370 Debt limitation.
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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 s 11.]Notes:Policy—Purpose—2007 c 36: See note following RCW 28B.07.300.
RCW 28B.07.380 Sale of assets.
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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 s 12.]Notes:Policy—Purpose—2007 c 36: See note f…
RCW 28B.07.900 Chapter supplemental—Application of other laws.
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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…
RCW 28B.07.910 Construction—1983 c 169.
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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 t…
RCW 28B.07.925 Chapter supplemental—Application of other laws.
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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 s…
RCW 28B.07.926 Construction—2007 c 36.
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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 s 15.]
RCW 28B.07.927 Conflict with federal requirements—2007 c 36.
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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 …