BILL REQ. #: H-3233.2
State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/12/12. Referred to Committee on Higher Education.
AN ACT Relating to institutions of higher education services and activities fees; amending RCW 28B.15.045; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature recognizes that students
play an important role in recommending how services and activities fees
should be expended, as the majority of members of the services and
activities fees committee at each institution of higher education. It
is the intent of the legislature to increase transparency, so that
expenditures of revenue from services and activities fees are clearly
visible and accessible to the students who pay those fees; and to
clarify that students can recommend expenditures of services and
activities fees revenue on programs and activities they need to
maintain the quality of their education experience and complete their
programs of study.
Sec. 2 RCW 28B.15.045 and 1994 c 41 s 1 are each amended to read
as follows:
The legislature recognizes that institutional governing boards have
a responsibility to manage and protect institutions of higher
education. This responsibility includes ensuring certain lawful
agreements for which revenues from services and activities fees have
been pledged. Such lawful agreements include, but are not limited to,
bond covenant agreements and other contractual obligations.
Institutional governing boards are also expected to protect the
stability of programs that benefit students.
The legislature also recognizes that services and activities fees
are paid by students for the express purpose of funding student
services and programs. It is the intent of the legislature that
governing boards ensure that students have a strong voice in
recommending budgets for services and activities fees. The boards of
trustees and the boards of regents of the respective institutions of
higher education shall adopt guidelines governing the establishment and
funding of programs supported by services and activities fees. Such
guidelines shall stipulate procedures for budgeting and expending
services and activities fee revenue. Any such guidelines shall be
consistent with the following provisions:
(1) Student representatives from the services and activities fee
committee and representatives of the college or university
administration shall have an opportunity to address the board before
board decisions on services and activities fee budgets and dispute
resolution actions are made.
(2) Members of the governing boards shall adhere to the principle
that services and activities fee committee desires be given priority
consideration on funding items that do not fall into the categories of
preexisting contractual obligations, bond covenant agreements, or
stability for programs affecting students.
(3) Responsibility for proposing to the administration and the
governing board program priorities and budget levels for that portion
of program budgets that derive from services and activities fees shall
reside with a services and activities fee committee, on which students
shall hold at least a majority of the voting memberships, such student
members shall represent diverse student interests, and shall be
recommended by the student government association or its equivalent.
The chairperson of the services and activities fee committee shall be
selected by the members of that committee. The governing board shall
insure that the services and activities fee committee provides an
opportunity for all viewpoints to be heard at a public meeting during
its consideration of the funding of student programs and activities.
(4) The services and activities fee committee shall evaluate
existing and proposed programs and submit budget recommendations for
the expenditure of those services and activities fees with supporting
documents simultaneously to the college or university governing board
and administration. The committee may not be limited in the program or
instructional activities they consider and recommend to the governing
board that preserves educational program quality and the ability of
students to complete their programs of study.
(5) The college or university administration shall review the
services and activities fee committee budget recommendations and
publish a written response to the services and activities fee
committee. This response shall outline potential areas of difference
between the committee recommendations and the administration's proposed
budget recommendations. This response, with supporting documentation,
shall be submitted to the services and activities fee committee in a
timely manner to allow adequate consideration.
(6)(a) In the event of a dispute or disputes involving the services
and activities fee committee recommendations, the college or university
administration shall meet with the services and activities fee
committee in a good faith effort to resolve such dispute or disputes
prior to submittal of final recommendations to the governing board.
(b) If said dispute is not resolved within fourteen days, a dispute
resolution committee shall be convened by the chair of the services and
activities fee committee within fourteen days.
(7) The dispute resolution committee shall be selected as follows:
The college or university administration shall appoint two nonvoting
advisory members; the governing board shall appoint three voting
members; and the services and activities fee committee chair shall
appoint three student members of the services and activities fee
committee who will have a vote, and one student representing the
services and activities fee committee who will chair the dispute
resolution committee and be nonvoting. The committee shall meet in
good faith, and settle by vote any and all disputes. In the event of
a tie vote, the chair of the dispute resolution committee shall vote to
settle the dispute.
(8) The governing board may take action on those portions of the
services and activities fee budget not in dispute in accordance with
the customary budget approval timeline established by the board. The
governing board shall consider the results, if any, of the dispute
resolution committee and shall take action.
(9) Services and activities fees and revenues generated by programs
and activities funded by such fees shall be deposited and expended
through the office of the chief fiscal officer of the institution.
(10) Services and activities fees and revenues generated by
programs and activities funded by such fees shall be subject to the
applicable policies, regulations, and procedures of the institution and
the budget and accounting act, chapter 43.88 RCW.
(11) All information pertaining to services and activities fees
budgets shall be made available to interested parties. Annually, by
September 30th, each institution of higher education, in coordination
with the services and activities fees committee, shall post services
and activities fees expenditure information for the prior academic year
on their web site so that the information is clearly visible and easily
accessible to students and the public. At a minimum, the services and
activities fees budget information must include all the major
categories of expenditure and the amounts expended in each category.
(12) With the exception of any funds needed for bond covenant
obligations, once the budget for expending service and activities fees
is approved by the governing board, funds shall not be shifted from
funds budgeted for associated students or departmentally related
categories or the reserve fund until the administration provides
written justification to the services and activities fee committee and
the governing board, and the governing board and the services and
activities fee committee give their express approval. In the event of
a fund transfer dispute among the services and activities fee
committee, the administration, or the governing board, said dispute
shall be resolved pursuant to subsections (6)(b), (7), and (8) of this
section.
(13) Any service and activities fees collected which exceed
initially budgeted amounts are subject to subsections (1) through (10)
and (12) of this section.
(14) Nothing in this section authorizes the use of services and
activities fees for general salary increases or faculty salary
increments.