1043

AN ACT Relating to higher education tuition fees; amending RCW 28B.15.012, 28B.15.066, 28B.15.067, and 28B.15.076; adding new sections to chapter 28B.15 RCW; creating a new section; repealing RCW 28B.15.202, 28B.15.402, and 28B.15.502; providing an effective date; and declaring an emergency.

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

Sec. 1. RCW 28B.15.012 and 1994 c 188 s 2 are each amended to read as follows:

Whenever used in chapter 28B.15 RCW:

(1) The term "institution" shall mean a public university, college, or community college within the state of Washington.

(2) The term "resident student" shall mean: (a) A financially independent student who has had a domicile in the state of Washington for the period of one year immediately prior to the time of commencement of the first day of the semester or quarter for which the student has registered at any institution and has in fact established a bona fide domicile in this state primarily for purposes other than educational; (b) a dependent student, if one or both of the student's parents or legal guardians have maintained a bona fide domicile in the state of Washington for at least one year immediately prior to commencement of the semester or quarter for which the student has registered at any institution; (c) a student classified as a resident based upon domicile by an institution on or before May 31, 1982, who was enrolled at a state institution during any term of the 1982-1983 academic year, so long as such student's enrollment (excepting summer sessions) at an institution in this state is continuous; (d) any student who has spent at least seventy-five percent of both his or her junior and senior years in high schools in this state, whose parents or legal guardians have been domiciled in the state for a period of at least one year within the five-year period before the student graduates from high school, and who enrolls in a public institution of higher education within six months of leaving high school, for as long as the student remains continuously enrolled for three quarters or two semesters in any calendar year; (e) a student who is the spouse or a dependent of a person who is on active military duty stationed in the state; or (f) a student who meets the requirements of RCW 28B.15.0131: PROVIDED, That a nonresident student enrolled for more than six hours per semester or quarter shall be considered as attending for primarily educational purposes, and for tuition and fee paying purposes only such period of enrollment shall not be counted toward the establishment of a bona fide domicile of one year in this state unless such student proves that the student has in fact established a bona fide domicile in this state primarily for purposes other than educational.

(3) The term "nonresident student" shall mean any student who does not qualify as a "resident student" under the provisions of RCW 28B.15.012 and 28B.15.013. A nonresident student shall include:

(a) A student attending an institution with the aid of financial assistance provided by another state or governmental unit or agency thereof, such nonresidency continuing for one year after the completion of such semester or quarter.

(b) A person who is not a citizen of the United States of America who does not have permanent or temporary resident status or does not hold "Refugee-Parolee" or "Conditional Entrant" status with the United States immigration and naturalization service or is not otherwise permanently residing in the United States under color of law and who does not also meet and comply with all the applicable requirements in RCW 28B.15.012 and 28B.15.013.

(4) The term "domicile" shall denote a person's true, fixed and permanent home and place of habitation. It is the place where the student intends to remain, and to which the student expects to return when the student leaves without intending to establish a new domicile elsewhere. The burden of proof that a student, parent or guardian has established a domicile in the state of Washington primarily for purposes other than educational lies with the student.

(5) The term "dependent" shall mean a person who is not financially independent. Factors to be considered in determining whether a person is financially independent shall be set forth in rules and regulations adopted by the higher education coordinating board and shall include, but not be limited to, the state and federal income tax returns of the person and/or the student's parents or legal guardian filed for the calendar year prior to the year in which application is made and such other evidence as the board may require.

(6) The term "first professional" shall mean doctor of medicine, doctor of dental surgery, or doctor of veterinary medicine degree program.

Sec. 2. RCW 28B.15.066 and 1993 c 379 s 205 are each amended to read as follows:

It is the intent of the legislature that:

In making appropriations from the state's general fund to institutions of higher education, each appropriation shall conform to the following:

(1) The appropriation shall be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act and the estimated interest on operating fees revenue, minus obligations under RCW 28B.15.820 and 43.99I.040 minus the amount of surcharge tuition fees authorized in sections 5 (2) and (3), 6 (2) and (3), and 7(2) of this act and minus the amount of waived operating fees authorized under RCW 28B.15.910;

(2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level, but within the over-enrollment limitations, specified in the omnibus biennial operating appropriations act; ((~~and~~))

(3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910;

(4) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of institution governing board decisions to levy surcharge tuition fees paid by nonresident undergraduate students and resident and nonresident graduate and first professional students under sections 5(2), 6(2) and 7(2) of this act; and

(5) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of institution governing board decisions to levy surcharge tuition fees on credits above one hundred fifteen percent of the maximum number of credit hours required for their respective degree programs.

Sec. 3. RCW 28B.15.067 and 1992 c 231 s 4 are each amended to read as follows:

(1) Base tuition fees shall be established and adjusted annually under the provisions of this chapter beginning with the 1987‑88 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~~)) accordance with the provisions of this chapter.

(2) Surcharge tuition fees levied by the institution's governing boards as provided in sections 5 (2) and (3), 6 (2) and (3), and 7(2) of this act may vary by quarter or semester, by program, by institution, and by campus for students enrolled at state universities, regional universities, The Evergreen State College, and at any community college.

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

Sec. 4. RCW 28B.15.076 and 1989 c 245 s 4 are each amended to read as follows:

The higher education coordinating board shall determine and transmit amounts constituting approved undergraduate and graduate educational costs to the several boards of regents and trustees of the state institutions of higher education by November 10 of each even-numbered year except the year 1990 for which the transmittal shall be made by December 17. Base tuition fees shall be based on such costs in accordance with the provisions of this chapter.

NEW SECTION. Sec. 5. TUITION AND FEES--UNIVERSITY OF WASHINGTON AND WASHINGTON STATE UNIVERSITY--BUILDING FEES--SERVICES AND ACTIVITIES FEES. Total tuition fees and maximum services and activities fees for full-time students at the University of Washington and Washington State University for other than the summer term shall be as follows:

(1) Base tuition. (a) For all students not enrolled in a program leading to a first professional degree, base tuition fees shall be a percent, as set forth in (i) through (iv) of this subsection, of the per student undergraduate or graduate educational costs at the state universities. If educational costs decrease, or increase at a rate less than three percent over the previous academic year's educational costs, base tuition fees shall increase a minimum of three percent each academic year. If educational costs increase at a rate greater than six percent over the previous academic year's educational costs, base tuition fees shall increase a maximum of six percent each academic year. The percent of educational cost shall be as follows:

(i) Resident undergraduate students and all other resident students not in graduate or law programs: 41.1 percent of undergraduate educational costs;

(ii) Nonresident undergraduate students and all other nonresident students not in graduate or law programs: 122.9 percent of undergraduate educational costs;

(iii) Resident graduate and law students: 28.4 percent of graduate educational costs; and

(iv) Nonresident graduate and law students: 73.6 percent of graduate educational costs.

(b) Base tuition fees for first professional students shall be a percent, as set forth in (i) and (ii) of this subsection, of tuition for graduate and law students:

(i) Resident first professional students: 167 percent of (a)(iii) of this subsection;

(ii) Nonresident first professional students: 167 percent of (a)(iv) of this subsection.

(2) Surcharge tuition. For any student except resident undergraduate students and other resident students not in graduate study or law programs or enrolled in programs leading to a first professional degree: Each academic year the governing board of the institution may levy surcharge tuition fees up to six percent above base tuition fees set under subsection (1) of this section.

(3) Surcharge tuition fees for credits beyond 115 percent of graduation requirement. The governing board of the institution may require any student who has accumulated more than one hundred fifteen percent of the maximum number of credit hours required for their respective degree program to pay surcharge tuition fees above tuition fees specified in subsections (1) and (2) of this section. Each institution shall distribute revenue from these additional fees between the respective institution's local operating fee account and its state building fee account in the same proportion as revenue from students below the credit levels requiring the additional fees.

(4) Building fees. The building fee for each academic year shall be based on the percent, as set forth in (a) through (f) of this subsection, of tuition fees specified in subsections (1) and (2) of this section:

(a) Resident undergraduate students and all other resident students not in graduate study or law programs or enrolled in programs leading to a first professional degree: 5 percent;

(b) Nonresident undergraduate students and all other nonresident students not in graduate study or law programs or enrolled in programs leading to a first professional degree: 4.5 percent;

(d) Nonresident graduate and law students not enrolled in a first professional degree program: 3.5 percent;

(e) Resident first professional students: 5 percent; and

(f) Nonresident first professional students: 3 percent.

(5) Services and activities fee. The governing boards of the state universities shall charge to and collect from each student a services and activities fee. The governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident undergraduate base tuition fees. 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.

NEW SECTION. Sec. 6. TUITION AND FEES--REGIONAL UNIVERSITIES AND THE EVERGREEN STATE COLLEGE--BUILDING FEES--SERVICES AND ACTIVITIES FEES. Total tuition fees and maximum services and activities fees charged to all full-time students at the regional universities and The Evergreen State College for other than the summer term shall be as follows:

(1) Base tuition. Base tuition fees shall be a percent, as set forth in (a) through (d) of this subsection, of the per student undergraduate or graduate educational costs at the regional universities. If educational costs decrease, or increase at a rate less than three percent over the previous academic year's educational costs, base tuition fees shall increase a minimum of three percent each academic year. If educational costs increase at a rate greater than six percent over the previous academic year's educational costs, base tuition fees shall increase a maximum of six percent each academic year.

(a) Resident undergraduate students and all other resident students not in graduate study programs: 31.5 percent of undergraduate educational costs;

(b) Nonresident undergraduate students and all other nonresident students not in graduate study programs: 123 percent of undergraduate educational costs;

(d) Nonresident graduate students: 92 percent of graduate educational costs.

(2) Surcharge tuition. For any student except resident undergraduate students and other resident students not in graduate study programs: Each academic year the governing board of the institution may levy surcharge tuition fees up to six percent above base tuition fees set under subsection (1) of this section.

(4) Building fees. The building fee for each academic year shall be based on the percent, as set forth in (a) through (d) of this subsection, of tuition fees specified in subsections (1) and (2) of this section:

(a) Resident undergraduate students and all other resident students not in graduate study programs: 4 percent;

(b) Nonresident undergraduate students and all other nonresident students not in graduate study programs: 4 percent;

(d) Nonresident graduate students: 3 percent.

(5) Services and activities fee. The governing boards of each of the regional universities and The Evergreen State College shall charge to and collect from each student, a services and activities fee. The governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident undergraduate base tuition fees. 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.

NEW SECTION. Sec. 7. TUITION AND FEES--COMMUNITY COLLEGES--BUILDING FEES--SERVICES AND ACTIVITIES FEES--FEES FOR SUMMER SCHOOL AND CERTAIN COURSES. Total tuition fees and maximum services and activities fees at each community college for full-time students for other than the summer term shall be set by the state board for community and technical colleges as follows:

(1) Base tuition. Base tuition fees shall be a percent, as set forth in (a) and (b) of this subsection, of the per student undergraduate costs at the community colleges. If educational costs decrease, or increase at a rate less than three percent over the previous academic year's educational costs, base tuition fees shall increase a minimum of three percent each academic year. If educational costs increase at a rate greater than six percent over the previous academic year's educational costs, base tuition fees shall increase a maximum of six percent each academic year.

(a) Resident students: 28.8 percent of undergraduate educational costs; and

(b) Nonresident students: 122.7 percent of undergraduate educational costs.

(2) Surcharge tuition. For any student except resident students: Each academic year the governing board of the institution may levy surcharge tuition fees up to six percent above base tuition fees set under subsection (1) of this section.

(3) Building fees. The building fee for each academic year shall be based on the percent, as set forth in (a) and (b) of this subsection, of tuition fees specified in subsections (1) and (2) of this section:

(a) Resident students: 11 percent; and

(b) Nonresident students: 8.5 percent.

(4) Services and activities fee. The governing boards of each of the state community colleges shall charge to and collect from each student a services and activities fee. Each governing board may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in resident student base tuition fees. 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.

(5) Total tuition and services and activities fees. Tuition and services and activities fees consistent with subsection (4) of this section shall be set by the state board for community and technical colleges for summer school students unless the community college charges fees under RCW 28B.15.515.

(6) Other fees. Subject to the limitations of RCW 28B.15.910, each governing board may charge such fees for ungraded courses, noncredit courses, community services courses, and self‑supporting courses as it, in its discretion, may determine, consistent with the rules of the state board for community and technical colleges.

NEW SECTION. Sec. 8. Captions as used in this act do not constitute any part of the law.

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

(1) RCW 28B.15.202 and 1993 sp.s. c 18 s 8, 1993 c 379 s 202, 1992 c 231 s 7, 1985 c 390 s 19, 1982 1st ex.s. c 37 s 18, & 1981 c 257 s 6;

(2) RCW 28B.15.402 and 1993 sp.s. c 18 s 11, 1993 c 379 s 203, 1992 c 231 s 10, 1989 c 245 s 1, 1985 c 390 s 24, 1982 1st ex.s. c 37 s 19, & 1981 c 257 s 7; and

(3) RCW 28B.15.502 and 1993 sp.s. c 18 s 12, 1993 c 379 s 204, 1992 c 231 s 11, 1991 c 353 s 2, 1985 c 390 s 25, 1982 1st ex.s. c 37 s 10, & 1981 c 257 s 8.

NEW SECTION. Sec. 10. Sections 5 through 7 of this act are each added to chapter 28B.15 RCW.

NEW SECTION. Sec. 11. 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, 1995.