AN ACT Relating to waiver of the nonresident tuition and fee differential for students from the People's Republic of China; reenacting and amending RCW 28B.15.014; and adding new sections to chapter 28B.15 RCW.

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

NEW SECTION. Sec. 1. The legislature finds:

(1) That because of events in the People's Republic of China during the first week of June, 1989, the United States government has liberalized the conditions under which students from the People's Republic of China may remain in the United States to continue their studies or pursue employment;

(2) That some students from the People's Republic of China presently attending colleges and universities in the state of Washington may be unable to take advantage of these liberalized conditions for continuing their education because of inadequate financial resources, and thus may be required to return to the People's Republic of China unwillingly; and

(3) That waiving the nonresident tuition and fee differential for these students may allow them to remain in the state to complete their educational programs.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout sections 1 through 3 of this act.

(1) "Institution" means an institution of higher education as defined in RCW 28B.10.016.

(2) "Potentially eligible student" means a national of the People's Republic of China who, as of June 5, 1989, maintained within the state of Washington his or her principal place of abode in the United States; and

(a) Has been granted refugee or asylum status by the United States government; or

(b)(i) Held a valid student visa on June 5, 1989; and

(ii) Has obtained, after the effective date of this act, either a student visa of a type different from his or her original student visa or has been granted an extension of his or her original student visa.

(3) "Student visa" means a valid "J-1", "F-1", or "M-1" visa issued by the United States government.

NEW SECTION. Sec. 3. An institution may waive the nonresident tuition and fee differential for a potentially eligible student, as defined under section 2 of this act, if the institution finds that the student will be unable to attend the institution without the waiver. In making this determination, the institution shall consider all funding sources, including employment, reasonably available to the student.

NEW SECTION. Sec. 4. The higher education coordinating board shall adopt uniform regulations and forms for the administration of sections 1 through 3 of this act.

Sec. 5. Section 4, chapter 273, Laws of 1971 ex. sess. as last amended by section 3, chapter 290, Laws of 1989 and by section 3, chapter 306, Laws of 1989 and RCW 28B.15.014 are each reenacted and amended to read as follows:

The following nonresidents shall be exempted from paying the nonresident tuition and fee differential:

(1) Any person who resides in the state of Washington and who holds a graduate service appointment designated as such by a public institution of higher education or is employed for an academic department in support of the instructional or research programs involving not less than twenty hours per week during the term such person shall hold such appointment.

(2) Any faculty member, classified staff member or administratively exempt employee holding not less than a half time appointment at an institution who resides in the state of Washington, and the dependent children and spouse of such persons.

(3) Active-duty military personnel stationed in the state of Washington and the spouses and dependents of such military personnel.

(4) Any immigrant refugee and the spouse and dependent children of such refugee, if the refugee (a) is on parole status, or (b) has received an immigrant visa, or (c) has applied for United States citizenship.

(5) Domestic exchange students participating in the program created under RCW 28B.15.725.

(6) Any dependent of a member of the United States congress representing the state of Washington.

(7) Students from the People's Republic of China who have had the nonresident tuition and fee differential waived under section 3 of this act.

NEW SECTION. Sec. 6. Sections 1 through 4 of this act are each added to chapter 28B.15 RCW.