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AN ACT Relating to tuition and fees at institutions of higher education; amending RCW 28B.15.025, 28B.15.041, 28B.15.066, and 82.33.020; reenacting and amending RCW 28B.15.031; adding new sections to chapter 28B.15 RCW; repealing RCW 28B.15.067, 28B.15.076, 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:

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

(1) Tuition fees for full-time students at the state's institutions of higher education for the 1994-95 academic year, other than the summer term, shall be as provided in this subsection.

(a) At the University of Washington and Washington State University:

(i) For resident undergraduate students and other 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, two thousand six hundred fifty-eight dollars;

(ii) For nonresident undergraduate students and other nonresident 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, seven thousand nine hundred fifty dollars;

(iii) For resident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, four thousand three hundred seventeen dollars;

(iv) For nonresident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, eleven thousand one hundred eighty-seven dollars;

(v) For resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, seven thousand two hundred nine dollars; and

(vi) For nonresident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, eighteen thousand six hundred eighty-four dollars.

(b) At the regional universities and The Evergreen State College:

(i) For resident undergraduate students and all other resident students not in graduate study programs, one thousand nine hundred sixty-six dollars and fifty cents;

(ii) For nonresident undergraduate and all other nonresident students not in graduate study programs, seven thousand six hundred eighty-four dollars and fifty cents;

(iii) For resident graduate students, three thousand three hundred ten dollars and fifty cents; and

(iv) For nonresident graduate students, ten thousand six hundred forty-five dollars and fifty cents.

(i) For resident students, one thousand one hundred sixty-five dollars and fifty cents; and

(ii) For nonresident students, four thousand nine hundred sixty-three dollars and fifty cents.

(2) For the 1995-96 and 1996-97 academic years, the governing boards of the colleges and universities shall increase tuition fees above the rate charged in the 1994-95 academic year by a minimum of three percent each academic year. The governing boards may increase tuition fees above three percent each academic year subject to the following limitations:

(a) For resident undergraduate students and other 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, a maximum of ten percent;

(b) For resident graduate and law students and resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, a maximum of twenty percent in each tuition category;

(d) Any percentage increase adopted each year for resident students shall not exceed the percentage increase adopted for nonresident students in the same tuition category. In addition, any increase adopted for resident undergraduate students and other 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 shall not exceed the percentage increase adopted for nonresident students in any tuition category.

(3) For the 1997-98 academic year and thereafter, the tuition fees rates in effect in the 1996-97 academic year in each tuition fees category may be adjusted to reflect the forecasted annual change in the state's median family income as follows: If the state's median family income as reported by the economic and revenue forecast supervisor under RCW 82.33.020 declines, tuition fees rates shall not increase or decrease; if the state's median family income increases, tuition fees in each tuition category shall be increased by the same percentage. Annually by December 15th, the higher education coordinating board shall adopt tuition fees rates for the following academic year and forecast the tuition fees rates for the next succeeding academic year, based on the forecasted annual percentage change in the state's median family income for the fiscal year in which the academic year begins, as determined by the economic and revenue forecast council under chapter 82.33 RCW.

(4) The tuition fees established under this chapter shall not apply to high school students enrolling in community colleges under RCW 28A.600.300 through 28A.600.400.

Sec. 2. RCW 28B.15.025 and 1985 c 390 s 12 are each amended to read as follows:

(1) The term "building fees" means the fees charged students registering at the state's colleges and universities, which fees are to be used as follows: At the University of Washington, solely for the purposes provided in RCW 28B.15.210; at Washington State University, solely for the purposes provided in RCW 28B.15.310; at each of the regional universities and at The Evergreen State College, solely for the purposes provided in RCW 28B.35.370; and at the community colleges, for the purposes provided in RCW 28B.50.320, 28B.50.360 and 28B.50.370.

(2) The term "building fees" is a renaming of the "general tuition fee," and shall not be construed to affect otherwise moneys pledged to, or used for bond retirement purposes.

(3) Beginning with the 1995-96 academic year and thereafter, building fees for each academic year shall be a percentage of total tuition fees. This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage that the building fees are of total tuition fees in each tuition fees category described in section 1(1) of this act for the 1994-95 academic year, rounded up to the nearest half percent.

Sec. 3. RCW 28B.15.041 and 1985 c 390 s 14 are each amended to read as follows:

(1) The term "services and activities fees" as used in this chapter is defined to mean fees, other than tuition fees, charged to all students registering at the state's community colleges, regional universities, The Evergreen State College, and state universities.

(2) Services and activities fees shall be used as otherwise provided by law or by rule or regulation of the board of trustees or regents of each of the state's community colleges, The Evergreen State College, the regional universities, or the state universities for the express purpose of funding student activities and programs of their particular institution.

(3) Student activity fees, student use fees, student building use fees, special student fees, or other similar fees charged to all full time students, or to all students, as the case may be, registering at the state's colleges or universities and pledged for the payment of bonds heretofore or hereafter issued for, or other indebtedness incurred to pay, all or part of the cost of acquiring, constructing or installing any lands, buildings, or facilities of the nature described in RCW 28B.10.300 as now or hereafter amended, shall be included within and deemed to be services and activities fees.

(4) The governing boards of each of the colleges and universities 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 increase not to exceed the percentage increase in resident undergraduate tuition fees. The 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) 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 in accordance with RCW 28B.15.515.

NEW SECTION. Sec. 4. A new section is added to chapter 28B.15 RCW to read as follows:

Subject to the limitations of RCW 28B.15.910, the governing board of each community college may charge such fees for ungraded courses, noncredit courses, community service courses, and self-supporting courses as it, in its discretion, determines, consistent with the rules of the state board for community and technical colleges.

NEW SECTION. Sec. 5. A new section is added to chapter 28B.15 RCW to read as follows:

(1) As used in this section, "excess credits" means any credit taken by an undergraduate student who has accumulated more than one hundred fifteen percent of the number of credits required to complete the student's baccalaureate degree program at a state university, regional university, or The Evergreen State College.

(2)(a) Except as provided in (b) of this subsection, state universities, regional universities, and The Evergreen State College shall collect a surcharge from any undergraduate student who is enrolled for excess credits. The surcharge for those excess credits shall be calculated to ensure that, for those credits, the student pays one hundred percent of the per student undergraduate educational cost calculated by the higher education coordinating board for that type of institution of higher education.

(b) Students who are required to take continuing education credits as a condition of licensure or state law may be exempted from the excess credits surcharge in (a) of this subsection under rules adopted by the higher education coordinating board.

Sec. 6. RCW 28B.15.031 and 1993 sp.s. c 18 s 6 and 1993 c 379 s 201 are each reenacted and 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 surcharges for excess credits under section 5 of this act, or 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 shall be deposited in a local account containing only operating fees revenue and related interest: PROVIDED, That two and one-half percent of operating fees shall be retained by the institutions, except the technical colleges, for the purposes of RCW 28B.15.820. Local operating fee accounts shall not be subject to appropriation by the legislature or allotment procedures under chapter 43.88 RCW.

Sec. 7. 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 revenue raised by increasing tuition fees over three percent in the 1995-96 and 1996-97 academic years as authorized in section 1 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; and

(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 a tuition fees increase greater than three percent in the 1995-96 and 1996-97 academic years under section 1 of this act.

Sec. 8. RCW 82.33.020 and 1992 c 231 s 34 are each amended to read as follows:

(1) Four times each year the supervisor shall prepare, subject to the approval of the economic and revenue forecast council under RCW 82.33.010:

(a) An official state economic and revenue forecast;

(b) An unofficial state economic and revenue forecast based on optimistic economic and revenue projections; and

(2) Annually, the supervisor shall prepare a forecast of changes in the state's median income.

(3) The supervisor shall submit forecasts prepared under this section, along with any unofficial forecasts provided under RCW 82.33.010, to the governor and the members of the committees on ways and means and the chairs of the committees on transportation of the senate and house of representatives and the chair of the legislative transportation committee, including one copy to the staff of each of the committees, on or before November 20th, February 20th in the even-numbered years, March 20th in the odd-numbered years, June 20th, and September 20th. All forecasts shall include both estimated receipts and estimated revenues in conformance with generally accepted accounting principles as provided by RCW 43.88.037.

((~~(3)~~)) (4) All agencies of state government shall provide to the supervisor immediate access to all information relating to economic and revenue forecasts. Revenue collection information shall be available to the supervisor the first business day following the conclusion of each collection period.

((~~(4)~~)) (5) The economic and revenue forecast supervisor and staff shall co-locate and share information, data, and files with the tax research section of the department of revenue but shall not duplicate the duties and functions of one another.

((~~(5)~~)) (6) As part of its forecasts under subsection (1) of this section, the supervisor shall provide estimated revenue from tuition fees as defined in RCW 28B.15.020.

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

(1) RCW 28B.15.067 and 1992 c 231 s 4, 1990 1st ex.s. c 9 s 413, 1986 c 42 s 1, 1985 c 390 s 15, 1982 1st ex.s. c 37 s 15, & 1981 c 257 s 2;

(2) RCW 28B.15.076 and 1989 c 245 s 4;

(3) 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;

(4) 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

(5) 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. 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.