_______________________________________________
SUBSTITUTE
HOUSE BILL 2332
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Passed
Legislature - 2000 Regular Session
AS
AMENDED BY THE SENATE
State of Washington 56th
Legislature 2000 Regular Session
By
Read first time 01/27/2000.
Referred to Committee on .
Authorizing
student groups to conduct charitable fund-raising.
AN
ACT Relating to associated student body fund-raising activities; amending RCW
28A.325.030; and creating a new section.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that current law permits associated student bodies to conduct
fund-raising activities, including but not limited to soliciting donations, to
raise money for school sports programs and school clubs. However, students
also want to conduct fund-raising activities for charitable causes, such as to
fund scholarships and student exchange programs, assist families whose homes
have been destroyed, to fund community projects, and to rebuild the Statue of
Liberty.
The
legislature further finds that current law is not clear how student groups may
raise funds for charitable purposes, whether proceeds from any fund-raising
activities can be used for charitable purposes or only donations may be used
for charitable purposes, and whether recipients must be "poor or
infirm." This has resulted in considerable confusion on the part of
students regarding what type of fund-raising is permissible when funds are
raised for charitable purposes by student groups.
It
is the intent of the legislature to allow students to broaden the types of
fund-raisers that they may conduct for charitable purposes in their private
nonassociated student body capacities, and ensure that these funds will be
separate from student body funds to avoid constitutional issues pertaining to
the gifting of public funds.
Sec.
2. RCW
28A.325.030 and 1990 c 33 s 340 are each amended to read as follows:
(1)(a)
There is hereby created a fund on deposit with each county treasurer for each
school district of the county having an associated student body as defined in
RCW 28A.325.020. Such fund shall be known as the associated student body
program fund. Rules ((and regulations promulgated)) adopted by
the superintendent of public instruction under RCW 28A.325.020 shall require
separate accounting for each associated student body's transactions in the
school district's associated student body program fund.
(b)
All moneys generated through the programs and activities of any associated
student body shall be deposited in the associated student body program fund.
Such funds may be invested for the sole benefit of the associated student body
program fund in items enumerated in RCW 28A.320.320 and the county treasurer
may assess a fee as provided therein. Disbursements from such fund shall be
under the control and supervision, and with the approval, of the board of
directors of the school district, and shall be by warrant as provided in
chapter 28A.350 RCW: PROVIDED, That in no case shall such warrants be issued
in an amount greater than the funds on deposit with the county treasurer in the
associated student body program fund. To facilitate the payment of
obligations, an imprest bank account or accounts may be created and replenished
from the associated student body program fund.
(c)
The associated student body program fund shall be budgeted by the associated
student body, subject to approval by the board of directors of the school
district. All disbursements from the associated student body program fund or
any imprest bank account established thereunder shall have the prior approval
of the appropriate governing body representing the associated student body.
Notwithstanding the provisions of RCW 43.09.210, it shall not be mandatory that
expenditures from the district's general fund in support of associated student
body programs and activities be reimbursed by payments from the associated
student body program fund.
((Nothing
in this section shall prevent those portions of student-generated moneys in the
associated student body program fund, budgeted or otherwise, which constitute
bona fide voluntary donations and are identified as donations at the time of
collection from being used for such scholarship, student exchange and
charitable purposes as the appropriate governing body representing the
associated student body shall determine, and for such purposes, said moneys
shall not be deemed public moneys under section 7, Article VIII, of the state
Constitution.))
(2) Subject to applicable school board policies, student groups
may conduct fund-raising activities, including but not limited to soliciting
donations, in their private capacities for the purpose of generating
nonassociated student body fund moneys. The school board policy shall include
provisions to ensure appropriate accountability for these funds.
Nonassociated student body program fund moneys generated and received by
students for private purposes((, including but not limited)) to use for
scholarship, student exchange, and/or charitable purposes((, may, in
the discretion of the board of directors of any school district,)) shall
be held in trust in one or more separate accounts within an associated student
body program fund and be disbursed for such purposes as the student group
conducting the fund-raising activity shall determine: PROVIDED, That the
school district shall either withhold an amount from such moneys as will pay
the district for its direct costs in providing the service or
otherwise be compensated for its cost for such service. Nonassociated
student body program fund moneys shall not be deemed public moneys under
section 7, Article VIII of the state Constitution. Notice shall be given
identifying the intended use of the proceeds. The notice shall also state that
the proceeds are nonassociated student body funds to be held in trust by the
school district exclusively for the intended purpose. "Charitable
purpose" under this section does not include any activity related to
assisting a campaign for election of a person to an office or for the promotion
or opposition to a ballot proposition.
