Passed by the House March 3, 2005 Yeas 96   ________________________________________ Speaker of the House of Representatives Passed by the Senate April 13, 2005 Yeas 44   ________________________________________ President of the Senate | I, Richard Nafziger, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SECOND SUBSTITUTE HOUSE BILL 1050 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 59th Legislature | 2005 Regular Session |
READ FIRST TIME 02/23/05.
AN ACT Relating to the creation of a foster care endowed scholarship program; reenacting and amending RCW 43.79A.040; and adding a new chapter to Title 28B RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that children who grow
up in the foster care system face many financial challenges. The
legislature also finds that these financial challenges can discourage
or prevent these children from pursuing a higher education. The
legislature further finds that access to a higher education will give
children who are in foster care hope for the future. Moreover, the
legislature finds that financial assistance will help these children
become successful, productive, contributing citizens and avoid cycles
of abuse, poverty, violence, and delinquency.
NEW SECTION. Sec. 2 Unless the context clearly requires
otherwise, the definitions in this section apply throughout this
chapter.
(1) "Institution of higher education" means a college or university
in the state of Washington that is accredited by an accrediting
association recognized as such by rule of the higher education
coordinating board.
(2) "Eligible student" means a student who:
(a) Is between the ages of sixteen and twenty-three;
(b) Has been in foster care in the state of Washington for a
minimum of six months since his or her fourteenth birthday;
(c) Is a financially needy student, as defined in RCW 28B.92.030;
(d) Is a resident student, as defined in RCW 28B.15.012(2);
(e) Has entered or will enter an institution of higher education in
Washington state within three years of high school graduation or having
successfully completed his or her GED;
(f) Is not pursuing a degree in theology; and
(g) Makes satisfactory progress towards the completion of a degree
or certificate program.
(3) "Cost of attendance" means the cost associated with the
attendance of the institution of higher education as determined by the
higher education coordinating board, including but not limited to
tuition, room, board, and books.
NEW SECTION. Sec. 3 (1) The foster care endowed scholarship
program is created. The purpose of the program is to help students who
were in foster care attend an institution of higher education in the
state of Washington. The foster care endowed scholarship program shall
be administered by the higher education coordinating board.
(2) In administering the program, the higher education coordinating
board's powers and duties shall include but not be limited to:
(a) Adopting necessary rules and guidelines;
(b) Administering the foster care endowed scholarship trust fund
and the foster care scholarship endowment fund; and
(c) Establishing and assisting the foster care endowed scholarship
advisory board in its duties as described in section 5 of this act.
(3) In administering the program, the higher education coordinating
board's powers and duties may include but not be limited to:
(a) Working with the department of social and health services and
the superintendent of public instruction to provide information about
the foster care endowed scholarship program to children in foster care
in the state of Washington and to students over the age of sixteen who
could be eligible for this program;
(b) Publicizing the program; and
(c) Contracting with a private agency to perform outreach to the
potentially eligible students.
NEW SECTION. Sec. 4 (1) The higher education coordinating board
may award scholarships to eligible students from the foster care
scholarship endowment fund in section 7 of this act, from funds
appropriated to the board for this purpose, from any private donations,
or from any other funds given to the board for the program.
(2) The board may award scholarships to eligible students from
moneys earned from the foster care scholarship endowment fund created
in section 7 of this act, or from funds appropriated to the board for
this purpose, or from any private donations, or from any other funds
given to the board for this program. For an undergraduate student, the
amount of the scholarship shall not exceed the student's demonstrated
financial need. For a graduate student, the amount of the scholarship
shall not exceed the student's demonstrated need; or the stipend of a
teaching assistant, including tuition, at the University of Washington;
whichever is higher. In calculating a student's need, the board shall
consider the student's costs for tuition, fees, books, supplies,
transportation, room, board, personal expenses, and child care. The
student's scholarship awarded under this chapter shall not exceed the
amount received by a student attending a state research university. A
student is eligible to receive a scholarship for a maximum of five
years. However, the length of the scholarship shall be determined at
the discretion of the board.
(3) Grants under this chapter shall not affect eligibility for the
state student financial aid program.
NEW SECTION. Sec. 5 (1) The foster care endowed scholarship
advisory board is created.
(2) The advisory board shall be composed of not more than seven
members appointed by the higher education coordinating board. The
advisory board should include representatives from the higher education
coordinating board, the office of the superintendent of public
instruction, the foster parent community, and community organizations
serving the foster children and former foster children community. The
advisory board membership shall be reflective of the cultural diversity
of the state.
(3) The advisory board:
(a) Shall assist the higher education coordinating board in
publicizing the foster care endowed scholarship program;
(b) Shall solicit grants and donations from public and private
sources for the program;
(c) Shall assist the higher education coordinating board in the
program development and the application screening process; and
(d) May assist in performing outreach to the targeted students.
NEW SECTION. Sec. 6 (1) The foster care endowed scholarship
trust fund is created in the custody of the state treasurer.
(2) Funds appropriated by the legislature for the foster care
endowed scholarship trust fund shall be deposited in the foster care
endowed scholarship trust fund. When conditions in section 8 of this
act are met, the higher education coordinating board shall deposit
state matching moneys from the trust fund into the foster care
scholarship endowment fund.
(3) No appropriation is required for expenditures from the trust
fund.
NEW SECTION. Sec. 7 The foster care scholarship endowment fund
is created in the custody of the state treasurer.
(1) Moneys received from the higher education coordinating board,
private donations, state matching moneys, and funds received from any
other source may be deposited into the foster care scholarship
endowment fund. Private moneys received as a gift subject to
conditions may be deposited into the endowment fund if the conditions
do not violate state or federal law.
(2) The higher education coordinating board may disburse grants to
eligible students from the foster care scholarship endowment fund. No
appropriation is required for expenditures from the endowment fund.
(3) When notified by court order that a condition attached to a
gift of private moneys from the foster care scholarship endowment fund
has failed, the higher education coordinating board shall release those
moneys to the donors according to the terms of the conditional gift.
(4) The principal of the foster care scholarship endowment fund
shall not be invaded. For the purposes of this section, only the first
twenty-five thousand dollars deposited into the foster care scholarship
endowment fund shall be considered the principal. The release of
moneys under subsection (3) of this section shall not constitute an
invasion of the corpus.
(5) The foster care scholarship endowment fund shall be used solely
for the purposes in this chapter, except when the conditional gift of
private moneys in the endowment fund require a portion of the earnings
on such moneys be reinvested in the endowment fund.
NEW SECTION. Sec. 8 (1) The higher education coordinating board
may deposit twenty-five thousand dollars of state matching funds into
the foster care scholarship endowment fund when the board can match
state funds with an equal amount of private cash donations.
(2) After the initial match of twenty-five thousand dollars, state
matching funds from the foster care endowed scholarship trust fund
shall be released to the foster care scholarship endowment fund
semiannually so long as there are funds available in the foster care
endowed scholarship trust fund.
NEW SECTION. Sec. 9 The administrative staff for the foster care
endowed scholarship program shall not exceed one-quarter full-time
equivalent.
Sec. 10 RCW 43.79A.040 and 2004 c 246 s 8 and 2004 c 58 s 10 are
each reenacted and amended to read as follows:
(1) Money in the treasurer's trust fund may be deposited, invested,
and reinvested by the state treasurer in accordance with RCW 43.84.080
in the same manner and to the same extent as if the money were in the
state treasury.
(2) All income received from investment of the treasurer's trust
fund shall be set aside in an account in the treasury trust fund to be
known as the investment income account.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for payments to
financial institutions. Payments shall occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings
credited to the investment income account to the state general fund
except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's or fund's
average daily balance for the period: The Washington promise
scholarship account, the college savings program account, the
Washington advanced college tuition payment program account, the
agricultural local fund, the American Indian scholarship endowment
fund, the foster care scholarship endowment fund, the foster care
endowed scholarship trust fund, the students with dependents grant
account, the basic health plan self-insurance reserve account, the
contract harvesting revolving account, the Washington state combined
fund drive account, the Washington international exchange scholarship
endowment fund, the developmental disabilities endowment trust fund,
the energy account, the fair fund, the fruit and vegetable inspection
account, the future teachers conditional scholarship account, the game
farm alternative account, the grain inspection revolving fund, the
juvenile accountability incentive account, the law enforcement
officers' and fire fighters' plan 2 expense fund, the local tourism
promotion account, the produce railcar pool account, the rural
rehabilitation account, the stadium and exhibition center account, the
youth athletic facility account, the self-insurance revolving fund, the
sulfur dioxide abatement account, the children's trust fund, the
Washington horse racing commission Washington bred owners' bonus fund
account, the Washington horse racing commission class C purse fund
account, and the Washington horse racing commission operating account
(earnings from the Washington horse racing commission operating account
must be credited to the Washington horse racing commission class C
purse fund account). However, the earnings to be distributed shall
first be reduced by the allocation to the state treasurer's service
fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The advanced right of way
revolving fund, the advanced environmental mitigation revolving
account, the city and county advance right-of-way revolving fund, the
federal narcotics asset forfeitures account, the high occupancy vehicle
account, the local rail service assistance account, and the
miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 11 Sections 1 through 9 of this act constitute
a new chapter in Title