S-3211

AN ACT Relating to higher education tuition and fees; amending RCW 28B.10.265, 28B.15.031, 28B.15.065, 28B.15.067, 28B.15.202, 28B.15.225, 28B.15.380, 28B.15.402, 28B.15.502, 28B.15.520, 28B.15.527, 28B.15.543, 28B.15.545, 28B.15.556, 28B.15.615, 28B.15.620, 28B.15.628, 28B.15.730, 28B.15.740, 28B.15.750, 28B.15.756, 28B.35.361, 28B.40.361, 28B.50.259, 28B.80.580, and 28C.04.545; reenacting and amending RCW 28B.15.014; adding new sections to chapter 28B.15 RCW; creating a new section; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature recognizes the value of a well-educated population and to that end has historically given a high priority to the higher education needs of its citizens. The legislature has endorsed the long-term enrollment goals established by the higher education coordinating board and has modified the enrollment lids that limit the size of the student population on the public higher education campuses in the state. The legislature has placed equal emphasis on access to and the quality of its higher education programs. It is the intent of the legislature to again demonstrate its commitment to both quality and access by allowing the public institutions of higher education to retain tuition at the local level thus allowing for greater flexibility and efficiency.

In the interest of providing educational opportunity for all who are desirous of and can benefit from a higher education, the legislature believes it is incumbent upon the state to provide student financial aid to needy citizens rather than to mandate tuition waivers and exemptions for specific student groups. It is the intent of the legislature to make permissive all waivers and fee exemptions. The responsibility for granting such fee exemptions and tuition waivers shall rest with the public institutions of higher education.

The legislature finds that the use of tuition waivers and exemptions has increased to the point that approximately twenty-five percent of all state tuition revenue is presently waived or forgone. It is the intent of the legislature to turn over to the institutions of higher education the authority to grant tuition and fee waivers. The legislature shall cease to provide state funding for all full-time or part-time students receiving a full or partial tuition and fee waiver from an institution of higher education.

It is the intent of the legislature to maintain the relationship between educational cost and the tuition level set for each educational sector. Tuition charges shall continue to be established as a percentage of the educational costs of the state institutions. As the cost of education increases it is the continued sense of the legislature that at least twenty-four percent of any increase in tuition shall continue to be directed to state financial aid programs administered by the higher education coordinating board.

Sec. 2. RCW 28B.10.265 and 1985 c 390 s 1 are each amended to read as follows:

The boards of regents of the state universities and the boards of trustees of the regional universities, The Evergreen State College, and the community and technical colleges may waive all or a portion of the tuition for children of any person who was a Washington domiciliary and who within the past eleven years has been determined by the federal government to be a prisoner of war or missing in action in Southeast Asia, including Korea, or who shall become so hereafter((, shall be admitted to and attend any public institution of higher education within the state without the necessity of paying any tuition and service and activities' fees for any and all courses offered at any time including summer term whether attending on a part time or full time basis: PROVIDED, That such child shall)), if the children meet such other educational qualifications as such institution of higher education shall deem reasonable and necessary under the circumstances. ((~~Affected institutions shall in their preparation of future budgets include therein costs resultant from such tuition loss for reimbursement thereof from appropriations of state funds.~~)) Applicants for ((~~free~~)) tuition waivers shall provide institutional administrative personnel with documentation of their rights under this section.

Sec. 3. 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:

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

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

Sec. 4. RCW 28B.15.031 and 1987 c 15 s 2 are each amended to read as follows:

The term "operating fees" as used in this chapter shall include the fees, other than building fees, charged all students registering at the state's colleges and universities but shall not include fees for short courses, self‑supporting degree credit programs and courses, marine station work, experimental station work, correspondence or extension courses, and individual instruction and student deposits or rentals, disciplinary and library fines, which colleges and universities shall have the right to impose, laboratory, gymnasium, health, and student activity fees, or fees, charges, rentals, and other income derived from any or all revenue producing lands, buildings and facilities of the colleges or universities 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, or such other special fees as may be established by any college or university board of trustees or regents from time to time. All moneys received as operating fees at any institution of higher education or from the periodic payment plan authorized by RCW 28B.15.411 shall be deposited locally by each institution. Twenty-four percent of the change in operating fee revenue resulting from revisions in tuition and fee levels shall be transmitted to the state treasurer within thirty‑five days of receipt to be deposited in the state general fund((: PROVIDED, That two and one‑half percent of moneys received as operating fees be exempt from such deposit and be retained by the institutions for the purposes of RCW 28B.15.820: PROVIDED FURTHER, That money received by institutions of higher education from the periodic payment plan authorized by RCW 28B.15.411 shall be transmitted to the state treasurer within five days following the close of registration of the appropriate quarter or semester)).

Sec. 5. RCW 28B.15.065 and 1977 ex.s. c 322 s 6 are each amended to read as follows:

It is the intent of the legislature that needy students not be deprived of access to higher education due to increases in educational costs or consequent increases in tuition and fees. It is the sense of the legislature that state appropriations for student financial aid be adjusted in an amount which, together with funds estimated to be available in the form of basic educational opportunity grants as authorized under Section 411 of the federal Higher Education Act of 1965 as now or hereafter amended will equal twenty‑four percent of any change in revenue estimated to occur as a result of revisions in tuition and fee levels ((~~under the provisions of this 1977 amendatory act~~)).

Sec. 6. RCW 28B.15.067 and 1990 1st ex.s. c 9 s 413 are each amended to read as follows:

(1) Tuition fees shall be established and adjusted annually under the provisions of this chapter beginning with the ((~~1987‑88~~)) 1992-93 academic year. Such fees shall be identical, subject to other provisions of this chapter, for students enrolled at either state university, for students enrolled at the regional universities and The Evergreen State College and for students enrolled at any community college. Tuition fees shall reflect the undergraduate and graduate educational costs of the state universities, the regional universities and the community colleges, respectively, in the amounts prescribed in this chapter. ((~~The change from the biennial tuition fee adjustment to an annual tuition fee adjustment shall not reduce the amount of revenue to the state general fund.~~))

(2) The tuition fees established under this section shall not apply to high school students enrolling in community colleges under RCW 28A.600.300 through 28A.600.395.

Sec. 7. 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~~)) thirty-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 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 fifteen 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~~)) one hundred fifteen 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~~)) of this section: 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~~)) of this section 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~~)) of this section: 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. 8. RCW 28B.15.225 and 1981 c 20 s 1 are each amended to read as follows:

The board of regents of the University of Washington may exempt from payment of all or a portion of the nonresident portion of the legally((‑))established student tuition and fees, any student admitted to the university's school of medicine pursuant to any contracts with the states of Alaska, Montana, or Idaho, or agencies thereof, providing for a program of regionalized medical education conducted by said school of medicine, or any student admitted to the university's school of dentistry pursuant to any contracts with the states of Utah, Idaho, or any other western state which does not have a school of dentistry, or agencies thereof, providing for a program of regionalized dental education conducted by said school of dentistry, which contracts provide that the proportional cost of such program and in excess of resident student tuition and fees will be reimbursed to the university by or on behalf of said states or agencies thereof.

Sec. 9. RCW 28B.15.380 and 1990 c 154 s 1 are each amended to read as follows:

In addition to any other exemptions as may be provided by law, the board of regents at the state universities may exempt the following classes of persons from the payment of all or a portion of tuition fees or services and activities fees except for individual instruction fees:

(1) All veterans as defined in RCW 41.04.005: PROVIDED, That such persons are no longer entitled to federal vocational or educational benefits conferred by virtue of their military service: AND PROVIDED FURTHER, That if any such veterans have not resided in this state for one year prior to registration said board may exempt them up to one-half of the tuition payable by other nonresident students: AND, PROVIDED FURTHER, That such exemptions shall be provided only to those persons otherwise covered who were enrolled in universities on or before October 1, 1977.

(2) 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 state university within ten years of their graduation from high school.

Sec. 10. 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~~)) thirty 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~~)) thirty 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 ten 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~~)) one hundred ten 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~~)) of this section 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~~)) of this section: 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. 11. RCW 28B.15.502 and 1991 c 353 s 2 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 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 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)) of this section 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~~)) of this section: 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~~)) shall be fixed by the state board for community and technical colleges for summer school students unless the community college charges fees in accordance with RCW 28B.15.515.

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 and technical colleges ((~~education~~)).

Sec. 12. 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~~)) may waive all or a portion of 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 all or a portion of 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;

(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) Boards of trustees of the various community colleges may waive all or a portion of 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. 13. RCW 28B.15.527 and 1989 c 245 s 5 are each amended to read as follows:

The boards of trustees of the community colleges may waive all or a portion of the nonresident portion of tuition fees for undergraduate students of foreign nations as follows:

(1) Priority in the awarding of waivers shall be given to students on academic exchanges and students participating in special programs recognized through formal agreements between states, cities, or institutions;

(2) The waiver programs under this section shall promote reciprocal placements and waivers in foreign nations for Washington residents. The number of foreign students granted resident tuition through this program shall not exceed the number of that institution's own students enrolled in approved study programs abroad during the same period;

(3) No reciprocal placements shall be required for up to thirty students participating in the Georgetown University scholarship program funded by the United States agency for international development;

(4) Participation shall be limited to one hundred full-time foreign students each year.

Sec. 14. RCW 28B.15.543 and 1990 c 33 s 558 are each amended to read as follows:

The boards of regents and trustees of the regional universities, state universities, The Evergreen State College, and the community colleges ((~~shall~~)) may waive all or a portion of tuition and service and activities fees for recipients of the Washington scholars award under RCW 28A.600.100 through 28A.600.150 for undergraduate studies. To qualify for the waiver, recipients shall enter the college or university within three years of high school graduation and maintain a minimum grade point average at the college or university equivalent to 3.30. Students shall be eligible for waivers for a maximum of twelve quarters or eight semesters and may transfer among state institutions of higher education during that period and continue to have the tuition and services and activities fees waived by the state institution of higher education that the student attends. Should the student's cumulative grade point average fall below 3.30 during the first three quarters or two semesters, that student may petition the higher education coordinating board which shall have the authority to establish a probationary period until such time as the student's grade point average meets required standards.

Sec. 15. RCW 28B.15.545 and 1987 c 231 s 1 are each amended to read as follows:

The boards of regents and trustees of the state universities, regional universities, The Evergreen State College, ((~~and~~)) the community colleges ((~~shall~~)), and the technical colleges may waive all or a portion of tuition and services and activities fees for a maximum of six quarters or four semesters for recipients of the Washington award for vocational excellence established under RCW 28C.04.520 through 28C.04.540. To qualify for the waiver, recipients shall enter the college or university within three years of receiving the award. A minimum grade point average at the college or university equivalent to 3.00 in the first year shall be required to qualify for the second-year waiver. The tuition waiver shall be granted for undergraduate studies only.

Sec. 16. RCW 28B.15.556 and 1986 c 232 s 2 are each amended to read as follows:

The boards of regents of the state universities and the boards of trustees of the regional universities and The Evergreen State College may waive all or a portion of the tuition, operating, and services and activities fees for undergraduate or graduate students of foreign nations subject to the following limitations:

(1) No more than the equivalent of one hundred waivers may be awarded to undergraduate or graduate students of foreign nations at each of the two state universities;

(2) No more than the equivalent of twenty waivers may be awarded to undergraduate or graduate students of foreign nations at each of the regional universities and The Evergreen State College;

(3) Priority in the awarding of waivers shall be given to students on academic exchanges or academic special programs sponsored by recognized international educational organizations;

(4) An undergraduate or graduate student of a foreign nation receiving a waiver under this section is not eligible for any other.

The waiver programs under this section, to the greatest extent possible, shall promote reciprocal placements and waivers in foreign nations for Washington residents. The number of waivers awarded by each institution shall not exceed the number of that institution's own students enrolled in approved study programs abroad during the same period.

Sec. 17. RCW 28B.15.615 and 1984 c 105 s 1 are each amended to read as follows:

The boards of regents of the state universities and the boards of trustees of the regional universities ((~~are authorized to~~)) may exempt from paying all or a portion of the resident tuition and operating fees any person who is enrolled in such institution and who holds a graduate service appointment, designated as such by that institution, involving not less than twenty hours per week. ((The exemption shall be for the term the person shall hold the appointment. Until one year after June 7, 1984, the stipend paid to persons holding the graduate service appointments paid from state funds shall be reduced in an amount equal to the resident operating fee so waived, and the institution shall pay to the general fund from moneys appropriated an amount equivalent to the amount of waived operating fee revenue so as to ensure that the general fund is not negatively impacted. The 1985-87 and subsequent biennial appropriations to the institutions shall be based on the level of reduced stipend resulting from this section. The stipend paid to persons holding graduate student appointments from nonstate funds shall be reduced and the institution reimbursed from such funds in an amount equal to the resident operating fee which funds shall be transmitted to the general fund.))

Sec. 18. RCW 28B.15.620 and 1989 c 306 s 4 are each amended to read as follows:

((~~Notwithstanding any other provision of law,~~)) The boards of regents of the state universities and the boards of trustees of the regional universities, The Evergreen State College, and the community and technical colleges may exempt veterans of the Vietnam conflict who have served in the southeast Asia theater of operations ((~~attending institutions of higher learning shall be exempted~~)) from the payment of any increase in tuition and fees otherwise applicable to any other resident or nonresident student at any institution of higher education((~~, and shall not be required to pay~~)) that is more than the total amount of tuition and fees paid by veterans of the Vietnam conflict on October 1, 1977: PROVIDED, That for the purposes of this exemption, "veterans of the Vietnam conflict" shall be those persons who have been on active federal service as a member of the armed military or naval forces of the United States between a period commencing August 5, 1964, and ending on May 7, 1975, and who qualify as a resident student under RCW 28B.15.012, and who have enrolled in state institutions of higher education on or before May 7, 1990. This section shall expire June 30, 1995.

Sec. 19. RCW 28B.15.628 and 1991 c 228 s 14 are each amended to read as follows:

A veteran of the Persian Gulf combat zone ((~~shall~~)) may be exempted from increases in tuition and fees at any public institution of higher education that occur during and after their period of service, and shall not be required to pay more than the total amount of tuition and fees established for the 1990‑91 academic year, if the veteran could have qualified as a Washington resident student under RCW 28B.15.012(2), had he or she been enrolled as a student on August 1, 1990, and if the veteran's adjusted gross family income as most recently reported to the internal revenue service does not exceed Washington state's median family income as established by the federal bureau of the census. For the purposes of this section, "a veteran of the Persian Gulf combat zone" means a person who during any portion of calendar year 1991 served in active federal service as a member of the armed military or naval forces of the United States in a combat zone as designated by the president of the United States by executive order.

Sec. 20. RCW 28B.15.730 and 1985 c 370 s 69 are each amended to read as follows:

(1) The state board for community and technical colleges ((~~education~~)) and the boards of trustees for community and technical college districts thirteen, fourteen, sixteen, nineteen, and twenty, for Lower Columbia, Clark, Yakima Valley, Columbia Basin, and Walla Walla community colleges, respectively, and the board of ((~~trustees for The Evergreen State College~~)) regents for Washington State University, for any program it offers in Vancouver, ((~~shall~~)) may waive all or a portion of the payment of nonresident tuition and fees by residents of Oregon, upon completion of an agreement between the higher education coordinating board and appropriate officials and agencies in Oregon granting similar waivers for residents of Cowlitz, Clark, Wahkiakum, Skamania, and Klickitat counties, Washington, who qualify for junior or senior standing to attend Portland State University at the undergraduate level.

(2) The state board for community and technical colleges ((~~education~~)) and the boards of trustees of the state's community colleges, The Evergreen State College, and the regional universities and the boards of regents of the University of Washington and Washington State University ((~~shall~~)) may waive all or a portion of the payment of nonresident tuition and fees by residents of Oregon, upon completion of and to the extent permitted by an agreement between the higher education coordinating board and appropriate officials and agencies in Oregon granting similar waivers for residents of the state of Washington.

Sec. 21. 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,)) institutions of higher 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,~~)) under this section shall not exceed four percent, and for the community colleges considered as a whole((~~, such amount shall not exceed~~)) three 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 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. 22. A new section is added to chapter 28B.15 RCW to read as follows:

Subject to RCW 28B.15.455 and 28B.15.460, a state university, regional university, or state college may waive tuition and services and activities fees in an amount not to exceed one percent, as calculated in RCW 28B.15.740(2), 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:

(1) 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

(2) Second, (a) 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 (b) 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.

Sec. 23. RCW 28B.15.750 and 1985 c 370 s 73 are each amended to read as follows:

The state board for community and technical colleges ((~~education~~)) and the boards of trustees of the state's community colleges, The Evergreen State College, and the regional universities and boards of regents of the University of Washington and Washington State University ((~~shall~~)) may waive all or a portion of the payment of nonresident tuition and fees by residents of Idaho, upon completion of and to the extent permitted by an agreement between the higher education coordinating board and appropriate officials and agencies in Idaho granting similar waivers for residents of the state of Washington.

Sec. 24. RCW 28B.15.756 and 1987 c 446 s 2 are each amended to read as follows:

The boards of trustees of The Evergreen State College and the regional universities, the state board for community and technical colleges ((~~education~~)), and the boards of regents of the University of Washington and Washington State University ((~~shall~~)) may waive all or a portion of the payment of nonresident tuition and fees by residents of the Canadian province of British Columbia, upon completion of and to the extent permitted by an agreement between the higher education coordinating board and appropriate officials and agencies in the Canadian province of British Columbia providing for enrollment opportunities for residents of the state of Washington without payment of tuition or fees in excess of those charged to residents of British Columbia.

Sec. 25. RCW 28B.35.361 and 1990 c 154 s 3 are each amended to read as follows:

The boards of trustees of each regional university may exempt from the payment of all or a portion of tuition or services and activities fees, except for individual instruction fees, (1) all veterans who served in the armed forces of the United States who have served the United States during any period of war as defined in RCW 41.04.005 and who shall have served with evidence of conduct other than undesirable, bad conduct or dishonorable upon release from active service: PROVIDED, That such person is no longer entitled to federal vocational or educational benefits conferred by virtue of his military service: PROVIDED FURTHER, That such exemptions shall be provided only to those persons otherwise covered who were enrolled in the regional universities on or before October 1, 1977, and (2) all 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 regional university within ten years of their graduation from high school.

Sec. 26. RCW 28B.40.361 and 1990 c 154 s 4 are each amended to read as follows:

The board of trustees of The Evergreen State College may exempt from the payment of all or a portion of tuition or services and activities fees, except for individual instruction fees, (1) all veterans who served in the armed forces of the United States who have served the United States during any period of war as defined in RCW 41.04.005 and who shall have served with evidence of conduct other than undesirable, bad conduct or dishonorable upon release from active service: PROVIDED, That such person is no longer entitled to federal vocational or educational benefits conferred by virtue of his military service: PROVIDED FURTHER, That such exemptions shall be provided only to those persons otherwise covered who were enrolled in state colleges on or before October 1, 1977, and (2) all 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 The Evergreen State College within ten years of their graduation from high school.

Sec. 27. RCW 28B.50.259 and 1991 c 315 s 17 are each amended to read as follows:

(1) The state board for community and technical colleges ((~~education~~)) shall administer a program designed to provide higher education opportunities to dislocated forest products workers and their unemployed spouses who are enrolled in a community or technical college for ten or more credit hours per quarter. In administering the program, the college board shall have the following powers and duties:

(a) With the assistance of an advisory committee, design a procedure for selecting dislocated forest products workers to participate in the program;

(b) Allocate funding to community and technical colleges attended by participants;

(d) Report to the legislature by December 1, 1993, on the status of the program.

(2) Unemployed spouses of eligible dislocated forest products workers may participate in the program, but tuition and fees may be waived under the program only for the worker or the spouse and not both.

(3) The boards of trustees of the community and technical colleges ((~~shall~~)) may waive all or a portion of tuition and fees for program participants, for a maximum of six quarters within a two-year period.

(4) During any biennium, the number of full-time equivalent students to be served in this program shall be determined by the applicable omnibus appropriations act, and shall be in addition to the community college enrollment level funded by the applicable omnibus appropriations act.

Sec. 28. RCW 28B.80.580 and 1991 c 315 s 20 are each amended to read as follows:

(1) The board shall contract with institutions of higher education to provide upper division classes to serve additional placebound students in the timber impact areas meeting the following criteria, as determined by the employment security department: (a) A lumber and wood products employment location quotient at or above the state average; (b) a direct lumber and wood products job loss of one hundred positions or more; and (c) an annual unemployment rate twenty percent above the state average; and which are not served by an existing state-funded upper division degree program. The number of full-time equivalent students served in this manner shall be determined by the applicable omnibus appropriations act. The board may direct that all the full-time equivalent enrollments be served in one of the eligible timber impact areas if it should determine that this would be the most viable manner of establishing the program and using available resources. The institutions shall utilize telecommunication technology, if available, to carry out the purposes of this section. The institutions providing the service ((~~shall~~)) may waive all or a portion of the tuition, service, and activities fees for dislocated forest products workers or their unemployed spouses enrolled as one of the full-time equivalent students allocated to the college under this section.

(3) For any eligible participant, full or partial tuition ((~~shall~~)) may be waived for a maximum of four semesters or six quarters within a two-year time period and the participant must be enrolled for a minimum of ten credits per semester or quarter.

Sec. 29. RCW 28C.04.545 and 1987 c 231 s 4 are each amended to read as follows:

The respective governing boards of ((~~the public vocational-technical institutes shall~~)) technical colleges may provide full or partial fee waivers for a maximum of two years for recipients of the Washington award for vocational excellence established under RCW 28C.04.520 through 28C.04.540. To qualify for the waiver, recipients shall enter the ((~~public vocational-technical institute~~)) technical college within three years of receiving the award. An above average rating at the ((~~vocational-technical institute~~)) technical college in the first year shall be required to qualify for the second-year waiver.

NEW SECTION. Sec. 30. A new section is added to chapter 28B.15 RCW to read as follows:

Persons receiving a full or partial tuition and fee waiver or exemption at an institution of higher education shall not be considered for any purpose in determining state-funded enrollment totals, nor may they be considered in any other statistic that would affect budgetary determinations. No state funding may be provided for full-time equivalent enrollments produced by full-time or part-time students receiving a full or partial tuition and fee waiver or exemption of any kind. Enrollment information concerning persons receiving tuition and fee waivers or exemptions shall be maintained separately from other enrollment information and shall not be included in official enrollment reports.

NEW SECTION. Sec. 31. A new section is added to chapter 28B.15 RCW to read as follows:

Tuition funds retained locally by institutions of higher education may not be used to provide salary increases. Institutions may provide one-time-only bonuses to faculty or staff from local tuition funds, however, such bonuses may not be added to the salary data base upon which salary increases are calculated.

NEW SECTION. Sec. 32. This act shall take effect July 1, 1992.