1364-S

AN ACT Relating to student organizations' access to higher education institutions' registration and account systems; and adding new sections to chapter 28B.15 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 28B.15 RCW to read as follows:

It is the intent of the legislature that recognized student organizations have access to higher education institutions' registration and student account systems for the purpose of collecting voluntary student fees. The legislature finds that recognized student organizations should have the opportunity to request use of registration or student account systems, by a vote of students in a general election, and that the institution of higher education should permit and facilitate such access upon a favorable vote of the students.

NEW SECTION. Sec. 2. A new section is added to chapter 28B.15 RCW to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 3 of this act.

(1) "Criteria for recognition" may include the student organization's name, address, purpose, and at least five officers and their addresses; proposed or actual means of financing; proposed annual level of voluntary check-off; and budget.

(2) "Positive check-off" means students that do want to participate exercise their option by a response in the registration or student account system.

(3) "Recognized student organization" means an organization of students registered with and recognized by the institution of higher education as having provided and, if appropriate, updated on an annual basis, the criteria for recognition.

(4) "User fee" means an amount of money a higher education institution may charge a recognized student organization for the purpose of cost recovery of the expense of establishing and operating a positive check-off for fund-raising in the registration or student account system on behalf of that recognized student organization.

(5) "Voluntary student fee" means fees, including the costs of collecting such fees, other than tuition or service and activities fees, that students may voluntarily elect to pay through a positive check-off during the registration process or in the student account system at community colleges, The Evergreen State College, regional universities, and state universities.

NEW SECTION. Sec. 3. A new section is added to chapter 28B.15 RCW to read as follows:

Recognized student organizations may solicit voluntary student fees through a positive check-off in registration or student account systems as a means of fund-raising. In order for a recognized student organization to have access to an institution of higher education's registration and student account system for the purpose of collecting voluntary student fees, the recognized student organization shall request the use of a registration or student account system by a vote of the students. If such a request is sustained by a majority vote of students in a general election, then the institution of higher education shall permit and facilitate such access, subject to this section and section 2 of this act.

(1) Such recognized student organizations shall disclose their purpose, the intended use of funds raised, and the method of check-off during the application and qualification process for access to the registration or student account system of an institution of higher education.

(2) Recognized student organizations shall meet the following conditions before qualifying for and being provided access to the registration or student account systems of an institution of higher education:

(a) Register with and be recognized by the institution of higher education, meeting the criteria set forth in section 2(1) of this act;

(b) Obtain the signatures of fifteen percent of currently registered full-time students on petitions supporting placing the proposal on a general election ballot;

(d) Complete the process no less than ninety days before the opening of the registration cycle to which the recognized student organization is requesting access.

(3) Upon successful completion of the process in subsection (2) of this section, the recognized student organization shall have access to the registration or student account system during each registration cycle for three years after the successful general election. Student organizations currently having access to registration or student account systems through positive or negative check-off shall retain such access for three years after the effective date of this section or until expiration of a contract valid on the effective date of this section, without needing to comply with the conditions set forth in subsection (2) (b) through (d) of this section.

(4) Recognized student organizations may withdraw from access to a registration or student account system by so stating in writing to the institution of higher education no less than ninety days before the opening of the next registration cycle.

(5) Institutions of higher education may deny access to a recognized student organization if the recognized student organization fails to meet on an annual basis the criteria for recognition set forth in section 2(1) of this act.

(6) Institutions of higher education shall calculate any user fee and notify the recognized student organization in advance of any registration cycle during which such a user fee will be imposed. No user fee may exceed twenty percent of the yield of the check-off. The institutions of higher education shall calculate the user fee, deduct it from the yield accrued during the registration cycle, and provide the net proceeds to the recognized student organization no later than the last day of the term or semester for which the funds are collected.

(7) At the end of a three-year cycle, a recognized student organization desiring continued access to the registration or student account system shall:

(a) Continue to meet the criteria for recognition set forth in section 2(1) of this act;

(b) Obtain the signatures of ten percent of currently registered full-time students on petitions supporting placing the proposed continuation of access on a general election ballot;

(d) Complete the process no less than ninety days before the opening of the registration cycle to which the recognized student organization desires continued access.