CERTIFICATION OF ENROLLMENT

SUBSTITUTE SENATE BILL 5734

Chapter 574, Laws of 2009

(partial veto)

61st Legislature
2009 Regular Session



TUITION FEES



EFFECTIVE DATE: 07/26/09

Passed by the Senate April 24, 2009
  YEAS 36   NAYS 8

BRAD OWEN
________________________________________    
President of the Senate
Passed by the House April 22, 2009
  YEAS 53   NAYS 44

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


 
CERTIFICATE

I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5734 as passed by the Senate and the House of Representatives on the dates hereon set forth.

THOMAS HOEMANN
________________________________________    
Secretary
Approved May 19, 2009, 4:07 p.m., with the exception of section 2 which is vetoed.







CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 20, 2009







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE SENATE BILL 5734
_____________________________________________

AS AMENDED BY THE HOUSE

Passed Legislature - 2009 Regular Session
State of Washington61st Legislature2009 Regular Session

By Senate Higher Education & Workforce Development (originally sponsored by Senators Kilmer, Delvin, and Shin; by request of Higher Education Coordinating Board)

READ FIRST TIME 02/17/09.   



     AN ACT Relating to tuition fees; amending RCW 28B.15.067; and creating a new section.

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

Sec. 1   RCW 28B.15.067 and 2007 c 355 s 7 are each amended to read as follows:
     (1) Tuition fees shall be established under the provisions of this chapter.
     (2) Beginning with the 2003-04 academic year and ending with the ((2008-09)) 2012-13 academic year, reductions or increases in full-time tuition fees for resident undergraduates shall be as provided in the omnibus appropriations act.
     (3)(a) Beginning with the 2003-04 academic year and ending with the ((2008-09)) 2012-13 academic year, the governing boards of the state universities, the regional universities, The Evergreen State College, and the state board for community and technical colleges may reduce or increase full-time tuition fees for all students other than resident undergraduates, including summer school students and students in other self-supporting degree programs. Percentage increases in full-time tuition fees may exceed the fiscal growth factor. Reductions or increases may be made for all or portions of an institution's programs, campuses, courses, or students.
     (b) Prior to reducing or increasing tuition for each academic year, the governing boards of the state universities, the regional universities, and The Evergreen State College shall consult with existing student associations or organizations with student undergraduate and graduate representatives regarding the impacts of potential tuition increases. Governing boards shall be required to provide data regarding the percentage of students receiving financial aid, the sources of aid, and the percentage of total costs of attendance paid for by aid.
     (c) Prior to reducing or increasing tuition for each academic year, each college in the state board for community and technical college system shall consult with existing student associations or organizations with undergraduate student representation regarding the impacts of potential tuition increases. Colleges shall provide data regarding the percentage of students receiving financial aid, the sources of aid, and the percentage of total costs of attendance paid for by aid.

     (4) Academic year tuition for full-time students at the state's institutions of higher education beginning with ((2009-10)) 2015-16, other than summer term, shall be as charged during the ((2008-09)) 2014-15 academic year unless different rates are adopted by the legislature.
     (5) The tuition fees established under this chapter shall not apply to high school students enrolling in participating institutions of higher education under RCW 28A.600.300 through 28A.600.400.
     (6) The tuition fees established under this chapter shall not apply to eligible students enrolling in a community or technical college under RCW 28C.04.610.
     (7) The tuition fees established under this chapter shall not apply to eligible students enrolling in a community or technical college participating in the pilot program under RCW 28B.50.534 for the purpose of obtaining a high school diploma.
     (8) For the academic years 2003-04 through 2008-09, the University of Washington shall use an amount equivalent to ten percent of all revenues received as a result of law school tuition increases beginning in academic year 2000-01 through academic year 2008-09 to assist needy low and middle-income resident law students.
     (9) For the academic years 2003-04 through 2008-09, institutions of higher education shall use an amount equivalent to ten percent of all revenues received as a result of graduate academic school tuition increases beginning in academic year 2003-04 through academic year 2008-09 to assist needy low and middle-income resident graduate academic students.
     (10) Any tuition increases above seven percent shall fund costs of instruction, library and student services, utilities and maintenance, other costs related to instruction as well as institutional financial aid. Through 2010-11, any funding reductions to instruction, library and student services, utilities and maintenance and other costs related to instruction shall be proportionally less than other program areas including administration.

     *NEW SECTION.  Sec. 2   (1) Within existing resources, the joint legislative audit and review committee shall complete a systemic performance audit of the state universities, regional universities, and The Evergreen State College. The purpose of the audit is to create a transparent link between revenues, expenditures, and performance outcomes as outlined in the performance agreements developed under RCW 28B.10.920 and the strategic master plan for higher education as adopted by the legislature. The study shall:
     (a) Identify standardized categories of costs that will allow comparison across various administrative, student support, and academic functions;
     (b) Based on available management data, estimate current annual costs at each institution for the various cost categories;
     (c) Based on available management data, identify fund sources that support the cost categories at each institution; and
     (d) Identify barriers or gaps in data linking revenues, expenditures, and performance agreement outcome measures.
     (2) The auditor shall report findings and recommendations to the appropriate committees of the legislature by December 1, 2010. The report shall include, but is not limited to, the following elements as they relate to the purpose of the audit:
     (a) The identification of cost savings and programs or services that could be eliminated;
     (b) Analysis of gaps or overlaps in programs or services and recommendations to correct gaps or overlaps;
     (c) Feasibility of pooling technology systems or elements of technology systems pursuant to chapter . . . RCW (Second Substitute House Bill No. 1946), Laws of 2009;
     (d) Recommendations for statutory or regulatory changes that may be necessary for the state universities, regional universities, and The Evergreen State College to meet performance agreement objectives mutually agreed upon pursuant to RCW 28B.10.922; and
     (e) Recommendations on the development of a uniform higher education performance, budgeting, accounting, and reporting system.
     *Sec. 2 was vetoed. See message at end of chapter.


         Passed by the Senate April 24, 2009.
         Passed by the House April 22, 2009.
         Approved by the Governor May 19, 2009, with the exception of certain items that were vetoed.
         Filed in Office of Secretary of State May 20, 2009.

     Note: Governor's explanation of partial veto is as follows:

"I have approved, except for Section 2, Substitute Senate Bill 5734 entitled:

     "AN ACT Relating to tuition fees."

Section 2 of Substitute Senate Bill 5734 is identical to Section 3 in Engrossed Substitute House Bill 2344 that I signed yesterday. Signing two bills with identical sections may cause confusion, so I am vetoing this iteration of the performance audit requirement.

For this reason, I have vetoed Section 2 of Substitute Senate Bill 5734.

With the exception of Section 2, Substitute Senate Bill 5734 is approved."