S-0644

AN ACT Relating to funding additional enrollments at institutions of higher education; amending RCW 28B.15.202, 28B.15.402, 28B.15.502, 28B.15.520, and 28B.15.740; reenacting and amending RCW 28B.15.014; creating new sections; repealing RCW 28B.15.524, 28B.15.526, 28B.15.527, 28B.15.555, and 28B.15.556; making appropriations; providing an effective date; and declaring an emergency.

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

NEW SECTION. Sec. 1. It is the intent of this act to provide the funding necessary to implement Senate Bill No. 5174, the higher education opportunity act of 1991. Any increased revenues to the state general fund resulting from this act shall be utilized for the purpose of providing the funding necessary for additional state-funded enrollments at our state institutions of higher education.

Sec. 2. RCW 28B.15.014 and 1989 c 306 s 3 and 1989 c 290 s 3 are each reenacted and amended to read as follows:

The following nonresidents shall be exempted from paying the nonresident tuition and fee 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)~~)) Active-duty military personnel stationed in the state of Washington and the spouses and dependents of such military personnel.

(((4) 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.

~~(5)~~)) (3) Domestic exchange students participating in the program created under RCW 28B.15.725.

((~~(6)~~)) (4) Any dependent of a member of the United States congress representing the state of Washington.

Sec. 3. RCW 28B.15.202 and 1985 c 390 s 19 are each amended to read as follows:

Tuition fees and services and activities fees at the University of Washington and at Washington State University for other than summer quarters or semesters shall be as follows:

(1) For full time resident undergraduate students and all other full time resident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be ((~~one-third~~)) thirty-five percent of the per student undergraduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars.

(2) For full time resident graduate students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be twenty-three percent of the per student graduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars.

(3) For full time resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be one hundred sixty-seven percent of such fees charged in subsection (2) above: PROVIDED, That the building fees for each academic year shall be three hundred and forty-two dollars.

(4) For full time nonresident undergraduate students and such other full time nonresident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, or doctor of veterinary medicine, the total tuition fees shall be one hundred percent of the per student undergraduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty-four dollars.

(5) For full time nonresident graduate students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be ((~~four thousand and seventy-four dollars, and thereafter such fees shall be sixty~~)) seventy-five percent of the per student graduate educational costs at the state universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty-four dollars.

(6) For full time nonresident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, the total tuition fees shall be one hundred sixty-seven percent of such fees charged in subsection (5) above: PROVIDED, That the building fees for each academic year shall be five hundred and fifty-five dollars.

(7) The boards of regents of each of the state universities shall charge and collect equally from each of the students registering at the particular institution and included in subsections (1) through (6) hereof a services and activities fee which for each year of the 1981-83 biennium shall not exceed one hundred and thirty-eight dollars. In subsequent biennia the board of regents may increase the existing fee, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the percentage increase in tuition fees authorized in subsection (1) above: 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. 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.

Sec. 4. RCW 28B.15.402 and 1989 c 245 s 1 are each amended to read as follows:

Tuition fees and services and activities fees at the regional universities and The Evergreen State College for other than summer quarters or semesters shall be as follows:

(1) For full time resident undergraduate students and all other full time resident students not in graduate study programs, the total tuition fees shall be ((~~one-fourth~~)) twenty-seven percent of the per student undergraduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy-six dollars and fifty cents.

(2) For full time resident graduate students, the total tuition fees shall be twenty-three percent of the per student graduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy-six dollars and fifty cents.

(3) For full time nonresident undergraduate students and all other full time nonresident students not in graduate study programs, the total tuition fees shall be one hundred percent of the per student undergraduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be two hundred and ninety-five dollars and fifty cents.

(4) For full time nonresident graduate students, the total of tuition fees shall be seventy-five percent of the per student graduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be two hundred and ninety-five dollars and fifty cents.

(5) The boards of trustees of each of the regional universities and The Evergreen State College shall charge and collect equally from each of the students registering at the particular institution and included in subsections (1) through (4) hereof a services and activities fee which for each year of the 1981-83 biennium shall not exceed one hundred eighty-four dollars and fifty cents. In subsequent biennia the board of trustees may increase the existing fee, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the percentage increase in tuition fees authorized in subsection (1) above: 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. 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.

(6) Notwithstanding the provisions of RCW 28B.15.067, for the 1989-91 biennium the undergraduate and graduate cost relationship developed by the 1987 cost study for Central Washington University shall be used to establish tuition fees for the regional universities and The Evergreen State College.

Sec. 5. RCW 28B.15.502 and 1985 c 390 s 25 are each amended to read as follows:

Tuition fees and services and activities fees at each community college other than at summer quarters shall be as follows:

(1) For full time resident students, the total tuition fees shall be ((~~twenty-three~~)) twenty-five percent of the per student educational costs at the community colleges computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty-seven dollars and fifty cents.

(2) For full time nonresident students, the total tuition fees shall be one hundred percent of the per student educational costs at the community colleges computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be four hundred and three dollars and fifty cents.

(3) The boards of trustees of each of the state community colleges shall charge and collect equally from each of the students registering at the particular institution and included in subsections (1) and (2) hereof a services and activities fee which for each year of the 1981-83 biennium shall not exceed sixty-four dollars and fifty cents. In subsequent biennia the board of trustees may increase the existing fee, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the percentage increase in tuition fees authorized in subsection (1) above: 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. 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.

(4) Tuition and services and activities fees consistent with the above schedule will be fixed by the state board for community colleges for summer school students.

((The board of trustees shall charge such fees for ungraded courses, noncredit courses, community services courses, and self-supporting short courses as it, in its discretion, may determine, not inconsistent with the rules and regulations of the state board for community college education.))

Sec. 6. RCW 28B.15.520 and 1990 c 154 s 2 are each amended to read as follows:

Notwithstanding any other provision of this chapter or chapter 28B.50 RCW as now or hereafter amended:

(1) Boards of trustees of the various community colleges ((shall waive tuition fees and services and activities fees for 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 and 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;

~~(2) The various community college boards~~)) may waive the tuition and services and activities fees for children of any law enforcement officer or fire fighter who lost his 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 community college within ten years of their graduation from high school; and

(((3) Boards of trustees of the various community colleges may waive residency requirements for students enrolled in that community college 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. The waiver shall be in effect only for those courses which lead to a high school diploma or certificate; and

~~(4)~~)) (2) Boards of trustees of the various community colleges may waive the nonresident portion of tuition and fees for up to forty percent of the students enrolled in the regional education program for deaf students, subject to federal funding of such program.

Sec. 7. RCW 28B.15.740 and 1989 c 340 s 2 are each amended to read as follows:

(1) The boards of trustees or regents of each of the state's regional universities, The Evergreen State College, or state universities, and the various community colleges, consistent with regulations and procedures established by the state board for community college education, may waive, in whole or in part, tuition and services and activities fees subject to the limitations set forth in subsections (2) and (3).

(2) Except as provided in subsection (3) of this section, the total dollar amount of tuition and fee waivers awarded by any state university, regional university, or state college, shall not exceed ((~~four~~)) three percent, and for the community colleges considered as a whole, such amount shall not exceed ((~~three~~)) two percent of an amount determined by estimating the total collections from tuition and services and activities fees had no such waivers been made and deducting the portion of that total amount which is attributable to the difference between resident and nonresident fees: PROVIDED, That ((~~at least three-fourths~~)) all of the dollars waived shall be for needy students who are eligible for resident tuition and fee rates pursuant to RCW 28B.15.012 through 28B.15.015((: PROVIDED FURTHER, That the remainder of the dollars waived, not to exceed one-fourth of the total, may be applied to other students at the discretion of the board of trustees or regents, except on the basis of participation in intercollegiate athletic programs: PROVIDED FURTHER, That the waivers for undergraduate and graduate students of foreign nations under RCW 28B.15.556 are not subject to the limitation under this section)).

(3) In addition to the tuition and fee waivers provided in subsection (2) of this section and subject to the provisions of RCW 28B.15.455 and 28B.15.460, a total dollar amount of tuition and fee waivers awarded by any state university, regional university, or state college, not to exceed one percent, as calculated in subsection (2) 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 waivers do not result in any saved or displaced money that can be used for athletic programs for members of the underrepresented gender class.

NEW SECTION. Sec. 8. It is the intent of the legislature that funding for out-of-state travel from the state general fund for state institutions of higher education be reduced, in each fiscal year of the 1991-93 biennium, by fifty percent from the level established in fiscal year 1990. The funds made available by this reduction shall be used to provide funding for additional higher education enrollments as set forth in Senate Bill No. 5174, the higher education opportunity act of 1991.

NEW SECTION. Sec. 9. The following acts or parts of acts are each repealed:

(1) RCW 28B.15.524 and 1987 c 12 s 1;

(2) RCW 28B.15.526 and 1987 c 12 s 2;

(3) RCW 28B.15.527 and 1989 c 245 s 5 & 1987 c 12 s 3;

(4) RCW 28B.15.555 and 1986 c 232 s 1; and

(5) RCW 28B.15.556 and 1986 c 232 s 2.

NEW SECTION. Sec. 10. The funds appropriated in sections 11 through 17 of this act are to provide for additional state-funded enrollments at the state institutions of higher education above the level established for each institution during the 1989-91 biennium.

NEW SECTION. Sec. 11. Ten million six hundred seventy-nine thousand nine hundred ninety-six dollars, or as much thereof as may be necessary, is appropriated to the University of Washington from the general fund for the biennium ending June 30, 1993. The appropriation in this section is subject to the following conditions:

(1) Four million seven hundred forty-four thousand six hundred forty-three dollars of the appropriation shall be expended to provide for one hundred seventeen full-time equivalent upper division and graduate enrollments during the 1991-92 fiscal year plus an additional one hundred ninety-nine full-time equivalent upper division and graduate enrollments during the 1992-93 fiscal year, at the Tacoma branch campus;

(2) Four million five hundred ninety-three thousand one hundred eighty-eight dollars of the appropriation shall be expended to provide for eighty-eight full-time equivalent upper division and graduate enrollments during the 1991-92 fiscal year plus an additional one hundred sixty-four full-time equivalent upper division and graduate enrollments during the 1992-93 fiscal year, at the Bothell/Woodinville branch campus;

(3) One million three hundred forty-two thousand one hundred sixty-five dollars of the appropriation shall be expended to provide for forty full-time equivalent upper division and graduate enrollments during the 1991-92 fiscal year plus an additional thirty-five full-time equivalent upper division and graduate enrollments during the 1992-93 fiscal year, in the evening program.

NEW SECTION. Sec. 12. Nineteen million four hundred fifty-eight thousand six hundred seventy-five dollars, or as much thereof as may be necessary, is appropriated to Washington State University from the general fund for the biennium ending June 30, 1993. The appropriation in this section is subject to the following conditions:

(1) Eight million eight hundred sixty thousand five hundred dollars of the appropriation shall be expended to provide for one hundred seventy-five full-time equivalent upper division and seventy-five full-time equivalent graduate enrollments during the 1991-92 fiscal year plus an additional one hundred seventy-five full-time equivalent upper division and seventy-five full-time equivalent graduate enrollments during the 1992-93 fiscal year, at the Pullman campus;

(2) Four million six hundred sixty-one thousand eight hundred dollars of the appropriation shall be expended to provide for one hundred twenty full-time equivalent upper division and graduate enrollments during the 1991-92 fiscal year plus an additional two hundred eighty full-time equivalent upper division and graduate enrollments during the 1992-93 fiscal year, at the Southwest Washington branch campus;

(3) Three million one hundred twenty-eight thousand four hundred dollars of the appropriation shall be expended to provide for thirty-nine full-time equivalent upper division and graduate enrollments during the 1991-92 fiscal year plus an additional eighty full-time equivalent upper division and graduate enrollments during the 1992-93 fiscal year, at the Spokane branch campus;

(4) Two million eight hundred seven thousand nine hundred seventy-five dollars of the appropriation shall be expended to provide for sixty-five full-time equivalent upper division and graduate enrollments during the 1991-92 fiscal year plus an additional one hundred seventy-five full-time equivalent upper division and graduate enrollments during the 1992-93 fiscal year, at the Tri-Cities branch campus.

NEW SECTION. Sec. 13. Seven million three hundred eighty-two thousand five hundred dollars, or as much thereof as may be necessary, is appropriated to Central Washington University from the general fund for the biennium ending June 30, 1993, to provide for two hundred fifty full-time equivalent upper division and fifty full-time equivalent graduate enrollments during the 1991-92 fiscal year plus an additional two hundred full-time equivalent upper division and fifty full-time equivalent graduate enrollments during the 1992-93 fiscal year.

NEW SECTION. Sec. 14. Five million three hundred seventy-eight thousand dollars, or as much thereof as may be necessary, is appropriated to Eastern Washington University from the general fund for the biennium ending June 30, 1993, to provide for one hundred fifty full-time equivalent upper division and fifty full-time equivalent graduate enrollments during the 1991-92 fiscal year plus an additional one hundred fifty full-time equivalent upper division and fifty full-time equivalent graduate enrollments during the 1992-93 fiscal year.

NEW SECTION. Sec. 15. One million three hundred seventy-two thousand eight hundred five dollars, or as much thereof as may be necessary, is appropriated to The Evergreen State College from the general fund for the biennium ending June 30, 1993, to provide for forty-five full-time equivalent upper division and five full-time equivalent graduate enrollments during the 1991-92 fiscal year plus an additional forty-five full-time equivalent upper division and five full-time equivalent graduate enrollments during the 1992-93 fiscal year.

NEW SECTION. Sec. 16. Six million five hundred thirty-three

thousand seven hundred eighty dollars, or as much thereof as may be necessary, is appropriated to Western Washington University from the general fund for the biennium ending June 30, 1993, to provide for one hundred twenty full-time equivalent upper division and eighty full-time equivalent graduate enrollments during the 1991-92 fiscal year plus an additional two hundred twenty full-time equivalent upper division and eighty full-time equivalent graduate enrollments during the 1992-93 fiscal year.

NEW SECTION. Sec. 17. Thirty-nine million five hundred fifty-three thousand five hundred dollars, or as much thereof as may be necessary, is appropriated to the state board for community college education from the general fund for the biennium ending June 30, 1993, to provide for three thousand five hundred full-time equivalent enrollments in the community college system during the 1991-92 fiscal year plus an additional three thousand five hundred full-time equivalent enrollments during the 1992-93 fiscal year. These new enrollments shall be distributed throughout the system by the state board for community college education consistent with legislative intent.

NEW SECTION. Sec. 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, 1991.