H-4067

AN ACT Relating to higher education tuition and financial aid; amending RCW 28B.10.265, 28B.15.031, 28B.15.065, 28B.15.067, 28B.15.070, 28B.15.202, 28B.15.225, 28B.15.380, 28B.15.402, 28B.15.502, 28B.15.520, 28B.15.522, 28B.15.527, 28B.15.535, 28B.15.540, 28B.15.543, 28B.15.545, 28B.15.546, 28B.15.556, 28B.15.558, 28B.15.615, 28B.15.620, 28B.15.628, 28B.15.725, 28B.15.730, 28B.15.740, 28B.15.750, 28B.15.756, 28B.35.361, 28B.40.361, 28B.50.259, 28B.70.050, 28B.80.580, 28C.04.545, 82.33.020, 28B.102.020, 28B.102.050, 28B.101.040, and 28B.12.040; reenacting and amending RCW 28B.15.014 and 28B.15.100; adding new sections to chapter 28B.15 RCW; adding new sections to chapter 28B.10 RCW; adding a new section to chapter 28B.80 RCW; creating new sections; and providing effective dates.

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

NEW SECTION. Sec. 1. This act shall be known as the access to higher education act.

NEW SECTION. Sec. 2. The legislature finds that the higher education and work force training of all of the state's citizens who desire the opportunity and can benefit from that education and training are vital to the state's social welfare and economic vitality. Individuals who achieve higher levels of education and training will, on average, live longer, healthier, and more productive and secure lives than will people with lesser levels of education and training.

The legislature further finds that the current system of federal, state, and institutional financial aid is inadequate to meet the financial needs of the citizens of Washington who want to pursue higher education and training.

The legislature also finds that by providing increased flexibility to institutions of higher education to set tuition fees, grant waivers and exemptions from those fees, and manage revenue from tuition fees, the institutions can be administered more efficiently and be more responsive to the needs of the students at those institutions.

By this act, the legislature intends to establish a comprehensive system of higher education tuition management that provides flexibility and efficiency for institutions, and that will, through an improved financial aid program, strive to enable every Washington resident, who prepares himself or herself through appropriate and sufficient high school coursework, to obtain a college or university education regardless of his or her financial status.

Sec. 3. RCW 28B.10.265 and 1985 c 390 s 1 are each amended to read as follows:

Subject to the limitations of section 44 of this act, the boards of regents of the state universities and the boards of trustees of the regional universities, The Evergreen State College, and the community and technical colleges may waive all or a portion of the tuition, operating, and services and activities fees for children of any person who was a Washington domiciliary and who within the past eleven years has been determined by the federal government to be a prisoner of war or missing in action in Southeast Asia, including Korea, or who shall become so hereafter((, shall be admitted to and attend any public institution of higher education within the state without the necessity of paying any tuition and service and activities' fees for any and all courses offered at any time including summer term whether attending on a part time or full time basis: PROVIDED, That such child shall)), if the children meet such other educational qualifications as such institution of higher education shall deem reasonable and necessary under the circumstances. ((~~Affected institutions shall in their preparation of future budgets include therein costs resultant from such tuition loss for reimbursement thereof from appropriations of state funds.~~)) Applicants for free or reduced tuition shall provide institutional administrative personnel with documentation of their rights under this section.

Sec. 4. RCW 28B.15.014 and 1989 c 306 s 3 and 1989 c 290 s 3 are each reenacted and amended to read as follows:

The boards of regents of the state universities and the boards of trustees of the regional universities, The Evergreen State College, and the community colleges may exempt the following nonresidents ((~~shall be exempted~~)) from paying all or a portion of the nonresident tuition ((~~and~~)) fees 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.

Sec. 5. RCW 28B.15.031 and 1987 c 15 s 2 are each 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 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 ((transmitted to the state treasurer within thirty‑five days of receipt to be deposited in the state general fund: PROVIDED, That two and one‑half percent of moneys received as operating fees be exempt from such deposit and be retained by the institutions for the purposes of RCW 28B.15.820)) deposited in depositories approved by the state treasurer and within thirty-five days of receipt transferred to the state treasurer to be credited to the appropriate fund under section 42 of this act: PROVIDED ((~~FURTHER~~)), That money received by institutions of higher education from the periodic payment plan authorized by RCW 28B.15.411 shall be transmitted to the state treasurer within five days following the close of registration of the appropriate quarter or semester, for transfer to the appropriate fund under section 42 of this act.

Sec. 6. RCW 28B.15.065 and 1977 ex.s. c 322 s 6 are each amended to read as follows:

(1) It is the intent of the legislature that needy students not be deprived of access to higher education due to increases in educational costs or consequent increases in tuition ((~~and~~)) fees. It is the sense of the legislature that state appropriations for student financial aid be adjusted in an amount which together with funds estimated to be available in the form of basic educational opportunity grants as authorized under Section 411 of the federal Higher Education Act of 1965 as now or hereafter amended will equal twenty‑four percent of any change in revenue estimated to occur as a result of revisions in minimum and maximum tuition and fee levels under ((~~the provisions of this 1977 amendatory act~~)) this chapter.

(2) This section shall expire June 30, 1993.

Sec. 7. RCW 28B.15.067 and 1990 1st ex.s. c 9 s 413 are each amended to read as follows:

(1) The board of trustees of each institution and the state board for community and technical colleges shall set annual tuition fees as necessary for the operation of the respective institutions and colleges, subject to any minimum and maximum tuition fee amounts established under this chapter. Minimum and maximum tuition fees shall be established and adjusted annually under the provisions of this chapter beginning with the ((~~1987‑88~~)) 1992-93 academic year. ((Such fees shall be identical, subject to other provisions of this chapter, for students enrolled at either state university, for students enrolled at the regional universities and The Evergreen State College and for students enrolled at any community college. Tuition fees shall reflect the undergraduate and graduate educational costs of the state universities, the regional universities and the community colleges, respectively, in the amounts prescribed in this chapter. The change from the biennial tuition fee adjustment to an annual tuition fee adjustment shall not reduce the amount of revenue to the state general fund.))

(2) The tuition fees established under this ((~~section~~)) chapter shall not apply to high school students enrolling in community colleges under RCW 28A.600.300 through 28A.600.395.

Sec. 8. RCW 28B.15.070 and 1989 c 245 s 3 are each amended to read as follows:

(1) The higher education coordinating board, in consultation with the house of representatives and senate committees responsible for higher education ((~~shall develop, in cooperation with the higher education coordinating board~~)), the respective fiscal committees of the house of representatives and senate, the office of financial management, and the state institutions of higher education, shall develop by December of every fourth year beginning in 1989, definitions, criteria, and procedures for determining the undergraduate and graduate educational costs for the state universities, regional universities, and community colleges upon which minimum and maximum tuition fees will be based. ((~~In the event that no action is taken or disagreement exists between the committees as of that date, the recommendations of the board shall be deemed to be approved.~~))

(2) Every four years the state institutions of higher education in cooperation with the higher education coordinating board shall perform an educational cost study pursuant to subsection (1) of this section. The study shall be conducted based on every fourth academic year beginning with 1989‑90. Institutions shall complete the studies within one year of the end of the study year and report the results to the higher education coordinating board for consolidation, review, and distribution.

(3) In order to conduct the study required by subsection (2) of this section, the higher education coordinating board, in cooperation with the institutions of higher education, shall develop a methodology that requires the collection of comparable educational cost data, which utilizes a faculty activity analysis or similar instrument.

(4) Based on the most recent cost study, the higher education coordinating board may make annual cost adjustments for purposes of enabling the determination of annual minimum and maximum tuition fees under RCW 28B.15.202, 28B.15.402, 28B.15.502 and sections 11 and 15 of this act.

Sec. 9. RCW 28B.15.100 and 1985 c 390 s 18 and 1985 c 370 s 67 are each reenacted and amended to read as follows:

(1) The board of regents or board of trustees at each of the state's regional and state universities and at The Evergreen State College shall charge to and collect from each of the students registering at the particular institution for any quarter or semester such tuition fees and services and activities fees, and other fees as such board shall in its discretion determine, the total of all such fees, the tuition fee, and services and activities fee, to be rounded-out to the nearest whole dollar amount: PROVIDED, That such tuition fees for other than summer session quarters or semesters shall be in the amounts for the respective institutions as otherwise set forth in this chapter, as now or hereafter amended: PROVIDED FURTHER, That the fees charged by boards of trustees of community college districts shall be in the amounts for the respective institutions as otherwise set forth in this chapter, as now or hereafter amended.

(2) Part time students shall be charged tuition and services and activities fees proportionate to full time student rates established for residents and nonresidents: PROVIDED, That students registered for fewer than two credit hours shall be charged tuition and services and activities fees at the rate established for two credit hours: PROVIDED FURTHER, That residents of Idaho or Oregon who are enrolled in community college district number twenty for six or fewer credits during any quarter or semester may be ((~~allowed to enroll at resident tuition and fee rates~~)) exempted from payment of all or a portion of the nonresident tuition fees differential upon a declaration by the higher education coordinating board that it finds Washington residents from such community college district are afforded substantially equivalent treatment by such other states.

(3) Full-time students registered for more than eighteen credit hours shall be charged an additional operating fee for each credit hour in excess of eighteen hours at the established per credit hour tuition fee rate applicable to part-time students in the respective institutional tuition and fee rate categories set forth in this chapter: PROVIDED, That the boards of regents of the University of Washington and Washington State University may exempt students who are registered exclusively in first professional programs in medicine, dental medicine, veterinary medicine and law from all or a portion of the additional charge: PROVIDED FURTHER, That the state board for community and technical colleges ((~~education~~)) may exempt students who are registered exclusively in required courses in vocational preparatory programs from all or a portion of the additional charge.

Sec. 10. RCW 28B.15.202 and 1985 c 390 s 19 are each amended to read as follows:

Minimum and maximum tuition fees and maximum services and activities fees at the University of Washington ((~~and at Washington State University~~)) for other than summer quarters or semesters shall be as follows:

(1) For full time resident undergraduate students and all other full time 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, the maximum total tuition fees shall be ((~~one‑third~~)) thirty-nine percent of the per student undergraduate educational costs at the state universities computed as provided in RCW ((~~28B.15.067 and~~)) 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars.

(2) For full time resident graduate students not enrolled in programs leading to the degrees of doctor of medicine((,)) and doctor of dental surgery, ((~~and doctor of veterinary medicine,~~)) the minimum total tuition fees shall be twenty‑three percent of the per student graduate educational costs at the state universities computed as provided in RCW ((~~28B.15.067 and~~)) 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars.

(3) For full time resident students enrolled in programs leading to the degrees of doctor of medicine((,)) and doctor of dental surgery, ((~~and doctor of veterinary medicine,~~)) the minimum total tuition fees shall be one hundred sixty‑seven percent of such fees charged in subsection (2) ((~~above~~)) of this section: PROVIDED, That the building fees for each academic year shall be three hundred and forty‑two dollars.

(4) For full time nonresident undergraduate students and such other full time nonresident students not in graduate study programs or enrolled in programs leading to the degrees of doctor of medicine((,)) and doctor of dental surgery, ((~~or doctor of veterinary medicine,~~)) the minimum total tuition fees shall be one hundred percent of the per student undergraduate educational costs at the state universities computed as provided in RCW ((~~28B.15.067 and~~)) 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty‑four dollars.

(5) For full time nonresident graduate students not enrolled in programs leading to the degrees of doctor of medicine((,)) and doctor of dental surgery, ((~~and doctor of veterinary medicine,~~)) the minimum total tuition fees shall be ((~~four thousand and seventy‑four dollars, and thereafter such fees shall be~~)) sixty percent of the per student graduate educational costs at the state universities computed as provided in RCW ((~~28B.15.067 and~~)) 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty‑four dollars.

(6) For full time nonresident students enrolled in programs leading to the degrees of doctor of medicine((,)) and doctor of dental surgery, ((~~and doctor of veterinary medicine,~~)) the minimum total tuition fees shall be one hundred sixty‑seven percent of such fees charged in subsection (5) ((~~above~~)) of this section: PROVIDED, That the building fees for each academic year shall be five hundred and fifty‑five dollars.

(7) The board((s)) of regents of ((~~each of the state universities~~)) the University of Washington shall charge and collect equally from each of the students registering at ((~~the particular~~)) that institution and included in subsections (1) through (6) ((~~hereof~~)) of this section a services and activities fee which for each year of the 1981‑83 biennium shall not exceed one hundred and thirty‑eight dollars. In subsequent biennia the board of regents may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in minimum tuition fees authorized in subsection (1) ((~~above~~)) of this section or the annual percentage increase in the actual tuition fees, whichever is lower: PROVIDED, That such 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.

NEW SECTION. Sec. 11. A new section is added to chapter 28B.15 RCW to read as follows:

Minimum and maximum tuition fees and maximum services and activities fees at Washington State University for other than summer quarters or semesters shall be as follows:

(1) For full time resident undergraduate students and all other full time resident students not in graduate study programs or enrolled in programs leading to the degree of doctor of veterinary medicine, the maximum total tuition fees shall be thirty-seven percent of the per student undergraduate educational costs at the state universities computed as provided in RCW 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars.

(2) For full time resident graduate students not enrolled in programs leading to the degree of doctor of veterinary medicine, the minimum total tuition fees shall be twenty‑three percent of the per student graduate educational costs at the state universities computed as provided in RCW 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty dollars.

(3) For full time resident students enrolled in programs leading to the degrees of doctor of veterinary medicine, the minimum total tuition fees shall be one hundred sixty‑seven percent of such fees charged in subsection (2) of this section: PROVIDED, That the building fees for each academic year shall be three hundred and forty‑two dollars.

(4) For full time nonresident undergraduate students and such other full time nonresident students not in graduate study programs or enrolled in programs leading to the degree of doctor of veterinary medicine, the minimum total tuition fees shall be one hundred percent of the per student undergraduate educational costs at the state universities computed as provided in RCW 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty‑four dollars.

(5) For full time nonresident graduate students not enrolled in programs leading to the degree of doctor of veterinary medicine, the minimum total tuition fees shall be sixty percent of the per student graduate educational costs at the state universities computed as provided in RCW 28B.15.070: PROVIDED, That the building fees for each academic year shall be three hundred and fifty‑four dollars.

(6) For full time nonresident students enrolled in programs leading to the degree of doctor of veterinary medicine, the minimum total tuition fees shall be one hundred sixty‑seven percent of such fees charged in subsection (5) of this section: PROVIDED, That the building fees for each academic year shall be five hundred and fifty‑five dollars.

(7) The board of regents of Washington State University shall charge and collect equally from each of the students registering at the particular institution and included in subsections (1) through (6) of this section a services and activities fee which for each year of the 1981‑83 biennium shall not exceed one hundred and thirty‑eight dollars. In subsequent biennia the board of regents may increase the existing fee, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in minimum tuition fees authorized in subsection (1) of this section or the annual percentage increase in actual tuition fees, whichever is lower: PROVIDED, That such 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.

Sec. 12. RCW 28B.15.225 and 1981 c 20 s 1 are each amended to read as follows:

The board of regents of the University of Washington may exempt from payment all or a portion of the nonresident ((~~portion of the legally-established student~~)) tuition ((~~and~~)) fees differential, any student admitted to the university's school of medicine pursuant to any contracts with the states of Alaska, Montana, or Idaho, or agencies thereof, providing for a program of regionalized medical education conducted by said school of medicine, or any student admitted to the university's school of dentistry pursuant to any contracts with the states of Utah, Idaho, or any other western state which does not have a school of dentistry, or agencies thereof, providing for a program of regionalized dental education conducted by said school of dentistry, which contracts provide that the proportional cost of such program and in excess of resident student tuition and fees will be reimbursed to the university by or on behalf of said states or agencies thereof.

Sec. 13. RCW 28B.15.380 and 1990 c 154 s 1 are each amended to read as follows:

In addition to any other exemptions as may be provided by law, the board of regents at the state universities may exempt the following classes of persons from the payment of all or a portion of tuition fees or services and activities fees except for individual instruction fees:

(1) All veterans as defined in RCW 41.04.005: PROVIDED, That such persons are no longer entitled to federal vocational or educational benefits conferred by virtue of their military service: AND PROVIDED FURTHER, That if any such veterans have not resided in this state for one year prior to registration ((~~said~~)) the board may exempt them up to one-half of the tuition payable by other nonresident students: AND, PROVIDED FURTHER, That such exemptions shall be provided only to those persons otherwise covered who were enrolled in universities on or before October 1, 1977.

(2) Children of any law enforcement officer or fire fighter who lost his life or became totally disabled in the line of duty while employed by any public law enforcement agency or full time or volunteer fire department in this state: PROVIDED, That such persons may receive the exemption only if they begin their course of study at a state university within ten years of their graduation from high school.

Sec. 14. RCW 28B.15.402 and 1989 c 245 s 1 are each amended to read as follows:

Minimum and maximum tuition fees and maximum services and activities fees at the regional universities ((~~and The Evergreen State College~~)) for other than summer quarters or semesters shall be as follows:

(1) For full time resident undergraduate students and all other full time resident students not in graduate study programs, the maximum total tuition fees shall be ((~~one‑fourth~~)) twenty-nine percent of the per student undergraduate educational costs at the regional universities computed as provided in RCW ((~~28B.15.067 and~~)) 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy‑six dollars and fifty cents.

(2) For full time resident graduate students, the total minimum tuition fees shall be twenty‑three percent of the per student graduate educational costs at the regional universities computed as provided in RCW ((~~28B.15.067 and~~)) 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy‑six dollars and fifty cents.

(3) For full time nonresident undergraduate students and all other full time nonresident students not in graduate study programs, the minimum total tuition fees shall be one hundred percent of the per student undergraduate educational costs at the regional universities computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be two hundred and ninety‑five dollars and fifty cents.

(4) For full time nonresident graduate students, the minimum total ((of)) tuition fees shall be seventy‑five percent of the per student graduate educational costs at the regional universities computed as provided in RCW ((~~28B.15.067 and~~)) 28B.15.070: PROVIDED, That the building fees for each academic year shall be two hundred and ninety‑five dollars and fifty cents.

(5) The boards of trustees of each of the regional universities ((~~and The Evergreen State College~~)) shall charge and collect equally from each of the students registering at the particular institution and included in subsections (1) through (4) ((~~hereof~~)) of this section a services and activities fee which for each year of the 1981‑83 biennium shall not exceed one hundred eighty‑four dollars and fifty cents. In subsequent biennia the board of trustees may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in minimum tuition fees authorized in subsection (1) ((~~above~~)) of this section or the annual percentage increase in actual tuition fees, whichever is lower: PROVIDED, That such 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.

(((6) Notwithstanding the provisions of RCW 28B.15.067, for the 1989‑91 biennium the undergraduate and graduate cost relationship developed by the 1987 cost study for Central Washington University shall be used to establish tuition fees for the regional universities and The Evergreen State College.))

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

Minimum and maximum tuition fees and maximum services and activities fees at The Evergreen State College for other than summer quarters or semesters shall be as follows:

(1) For full time resident undergraduate students and all other full time resident students not in graduate study programs, the maximum total tuition fees shall be thirty-four percent of the per student undergraduate educational costs at the regional universities computed as provided in RCW 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy‑six dollars and fifty cents.

(2) For full time resident graduate students, the minimum total tuition fees shall be twenty‑three percent of the per student graduate educational costs at the regional universities computed as provided in RCW 28B.15.070: PROVIDED, That the building fees for each academic year shall be seventy‑six dollars and fifty cents.

(4) For full time nonresident graduate students, the minimum total tuition fees shall be seventy‑five percent of the per student graduate educational costs at the regional universities computed as provided in RCW 28B.15.070: PROVIDED, That the building fees for each academic year shall be two hundred and ninety‑five dollars and fifty cents.

(5) The boards of trustees of The Evergreen State College shall charge and collect equally from each of the students registering at the particular institution and included in subsections (1) through (4) of this section a services and activities fee which for each year of the 1981‑83 biennium shall not exceed one hundred eighty‑four dollars and fifty cents. In subsequent biennia the board of trustees may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in minimum tuition fees authorized in subsection (1) of this section or the annual percentage increase in actual tuition fees, whichever is lower: PROVIDED, That such 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.

Sec. 16. RCW 28B.15.502 and 1991 c 353 s 2 are each amended to read as follows:

Minimum and maximum tuition fees and maximum services and activities fees at each community college other than at summer quarters shall be as follows:

(1) For full time resident students, the maximum total tuition fees shall be ((~~twenty‑three~~)) twenty-six percent of the per student educational costs at the community colleges computed as provided in RCW ((~~28B.15.067 and~~)) 28B.15.070: PROVIDED, That the building fees for each academic year shall be one hundred and twenty‑seven dollars and fifty cents.

(2) For full time nonresident students, the minimum total tuition fees shall be one hundred percent of the per student educational costs at the community colleges computed as provided in RCW 28B.15.067 and 28B.15.070: PROVIDED, That the building fees for each academic year shall be four hundred and three dollars and fifty cents.

(3) The boards of trustees of each of the state community colleges shall charge and collect equally from each of the students registering at the particular institution and included in subsections (1) and (2) ((~~hereof~~)) of this section a services and activities fee which for each year of the 1981‑83 biennium shall not exceed sixty‑four dollars and fifty cents. In subsequent biennia ((~~the~~)) each board of trustees may increase the existing fee annually, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the annual percentage increase in minimum tuition fees authorized in subsection (1) ((~~above~~)) of this section or the annual percentage increase in actual tuition fees, whichever is lower: PROVIDED, That such 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.

(4) Tuition and services and activities fees consistent with the above schedule ((~~will~~)) shall be fixed by the state board for community and technical colleges for summer school students unless the community or technical college charges fees in accordance with RCW 28B.15.515.

((~~The~~)) Each board of trustees ((~~shall~~)) may charge such fees for ungraded courses, noncredit courses, community services courses, and self‑supporting short courses as it, in its discretion, may determine, not inconsistent with the rules and regulations of the state board for community ((~~college education~~)) and technical colleges.

Sec. 17. RCW 28B.15.520 and 1990 c 154 s 2 are each amended to read as follows:

Notwithstanding any other provision of this chapter or chapter 28B.50 RCW as now or hereafter amended:

(1) Boards of trustees of the various community colleges ((~~shall~~)) may waive all or a portion of tuition fees and services and activities fees for students nineteen years of age or older who are eligible for resident tuition and fee rates as defined in RCW 28B.15.012 through 28B.15.015 and who enroll in a course of study or program which will enable them to finish their high school education and obtain a high school diploma or certificate;

(2) The various community college boards may waive all or a portion of the tuition and services and activities fees for children of any law enforcement officer or fire fighter who lost his life or became totally disabled in the line of duty while employed by any public law enforcement agency or full time or volunteer fire department in this state: PROVIDED, That such persons may receive the ((~~exemption~~)) waiver only if they begin their course of study at a community college within ten years of their graduation from high school;

(3) Boards of trustees of the various community colleges may waive ((~~residency requirements for~~)) all or a portion of the nonresident tuition fees differential for nonresident students enrolled in that community college in a course of study or program which will enable them to finish their high school education and obtain a high school diploma or certificate. The waiver shall be in effect only for those courses which lead to a high school diploma or certificate; and

(4) Boards of trustees of the various community colleges may waive all or a portion of the nonresident ((~~portion of~~)) tuition ((~~and~~)) fees differential for up to forty percent of the students enrolled in the regional education program for deaf students, subject to federal funding of such program.

Sec. 18. RCW 28B.15.522 and 1985 c 390 s 27 are each amended to read as follows:

(1) The boards of trustees of the community and technical college districts may waive all or a portion of the tuition and services and activities fees for persons under subsection (2) of this section pursuant to the following conditions:

(a) Such persons shall register for and be enrolled in courses on a space available basis and new course sections shall not be created as a result of the registration;

(b) Enrollment information on persons registered pursuant to this section shall be maintained separately from other enrollment information and shall not be included in official enrollment reports, nor shall such persons be considered in any enrollment statistics which would affect budgetary determinations; and

(c) Persons who enroll under this section shall have the same access to support services as do all other students and shall be subject to all course prerequisite requirements.

(2) A person is eligible for the waiver under subsection (1) of this section if the person:

(a) Meets the requirements for a resident student under RCW 28B.15.011 through 28B.15.015;

(b) Is twenty-one years of age or older;

(c) At the time of initial enrollment under subsection (1) of this section, has not attended an institution of higher education for the previous six months;

(d) Is not receiving or is not entitled to receive unemployment compensation of any nature under Title 50 RCW; and

(e) Has an income at or below the need standard established under chapter 74.04 RCW by the department of social and health services.

(3) The state board for community and technical colleges ((~~education~~)) shall adopt rules to carry out this section.

Sec. 19. RCW 28B.15.527 and 1989 c 245 s 5 are each amended to read as follows:

The boards of trustees of the community colleges may waive all or a portion of the nonresident ((~~portion of~~)) tuition fees differential for undergraduate students of foreign nations as follows:

(1) Priority in the awarding of waivers shall be given to students on academic exchanges and students participating in special programs recognized through formal agreements between states, cities, or institutions;

(2) The waiver programs under this section shall promote reciprocal placements and waivers in foreign nations for Washington residents. The number of foreign students granted ((~~resident tuition~~)) waivers through this program shall not exceed the number of that institution's own students enrolled in approved study programs abroad during the same period;

(3) No reciprocal placements shall be required for up to thirty students participating in the Georgetown University scholarship program funded by the United States agency for international development;

(4) Participation shall be limited to one hundred full-time foreign students each year.

Sec. 20. RCW 28B.15.535 and 1985 c 390 s 28 are each amended to read as follows:

(1) The boards of regents of the state universities and the boards of trustees of regional universities, The Evergreen State College, and community colleges may waive all or a portion of the tuition and services and activities fees for full-time employees of their respective institutions of higher education enrolled in said institutions' courses on a space available basis pursuant to the following conditions:

(a) Employees shall register for and be enrolled in courses on a space available basis, and no new course sections shall be created as a direct result of such registration;

(b) Enrollment information on employees registered on a space available basis shall be maintained separately from other enrollment information and shall not be included in official enrollment reports, nor shall persons enrolled pursuant to the provisions of this section be considered in any enrollment statistics which would affect budgetary determinations;

(2) The governing boards of the respective colleges and universities may waive all or a portion of tuition and services and activities fees for full-time intercollegiate center for nursing education, cooperative extension service, and agricultural research employees of Washington State University for such employees stationed off the Pullman, Whitman county campus: PROVIDED, That such waiver complies with the conditions spelled out in subsection (1) (a), (b), and (c) ((~~above~~)) of this section.

(3) The boards of regents of the state universities, the boards of trustees of the regional universities and The Evergreen State College, and the state board for community and technical colleges ((~~education~~)) with respect to community colleges, shall adopt guidelines for the implementation of employee waivers granted pursuant to this section.

Sec. 21. RCW 28B.15.540 and 1985 c 390 s 29 are each amended to read as follows:

Notwithstanding any other provision of this chapter or the laws of this state and consistent with the regulations and procedures established by the boards of trustees of the state colleges, the boards of regents of the state universities and the state board for community and technical colleges ((~~education~~)) each institution may for Washington residents who are sixty years of age or older:

(1) Waive, in whole or in part, the tuition and services and activities fees for students who qualify under this section and who are enrolled for credit, and

(2) Waive, in whole or in part, the tuition and services and activities fees for students who qualify under this section, but charge a nominal fee not to exceed five dollars per quarter, or semester, as the case may be, for such students who are enrolled on an audit basis: PROVIDED, That residents enrolling with fee exemptions under this section shall register for not more than two quarter or semester courses at one time on a space available basis, and no new course sections shall be created as a direct result of such registration: PROVIDED FURTHER, That such waivers shall not be available to students who plan to use the course credits gained thereby for increasing credentials or salary schedule increases: PROVIDED FURTHER, That enrollment information concerning fee exemptions awarded under this section shall be maintained separately from other enrollment information but shall not be included in official enrollment reports: PROVIDED, That persons who enroll pursuant to provisions of this section shall not be considered for any purpose in determining student-teacher ratio, nor for any purpose relating to enrollment totals, nor any other statistic which would affect budgetary determinations. Persons enrolling under the provisions of this section shall have, in equal with all other students, access to course counseling services and shall be subject to all course prerequisite requirements.

Sec. 22. RCW 28B.15.543 and 1990 c 33 s 558 are each amended to read as follows:

The boards of regents and trustees of the regional universities, state universities, The Evergreen State College, and the community colleges ((~~shall~~)) may waive all or a portion of tuition and service and activities fees for recipients of the Washington scholars award under RCW 28A.600.100 through 28A.600.150 for undergraduate studies. To qualify for the waiver, recipients shall enter the college or university within three years of high school graduation and maintain a minimum grade point average at the college or university equivalent to 3.30. Students shall be eligible for waivers for a maximum of twelve quarters or eight semesters and may transfer among state institutions of higher education during that period and continue to have the tuition and services and activities fees waived by the state institution of higher education that the student attends. Should the student's cumulative grade point average fall below 3.30 during the first three quarters or two semesters, that student may petition the higher education coordinating board which shall have the authority to establish a probationary period until such time as the student's grade point average meets required standards.

Sec. 23. RCW 28B.15.545 and 1987 c 231 s 1 are each amended to read as follows:

The boards of regents and trustees of the state universities, regional universities, The Evergreen State College, ((~~and~~)) the community colleges ((~~shall~~)), and the technical colleges may waive all or a portion of tuition and services and activities fees for a maximum of six quarters or four semesters for recipients of the Washington award for vocational excellence established under RCW 28C.04.520 through 28C.04.540. To qualify for the waiver, recipients shall enter the college or university within three years of receiving the award. A minimum grade point average at the college or university equivalent to 3.00 in the first year shall be required to qualify for the second-year waiver. The tuition waiver shall be granted for undergraduate studies only.

Sec. 24. RCW 28B.15.546 and 1987 c 231 s 5 are each amended to read as follows:

Students receiving the Washington award for vocational excellence in 1987 and thereafter are eligible for a second-year waiver under RCW 28B.15.545.

Sec. 25. RCW 28B.15.556 and 1986 c 232 s 2 are each amended to read as follows:

The boards of regents of the state universities and the boards of trustees of the regional universities and The Evergreen State College may waive all or a portion of the tuition, operating, and services and activities fees for undergraduate or graduate students of foreign nations subject to the following limitations:

(1) No more than the equivalent of one hundred waivers may be awarded to undergraduate or graduate students of foreign nations at each of the two state universities;

(2) No more than the equivalent of twenty waivers may be awarded to undergraduate or graduate students of foreign nations at each of the regional universities and The Evergreen State College;

(3) Priority in the awarding of waivers shall be given to students on academic exchanges or academic special programs sponsored by recognized international educational organizations;

(4) An undergraduate or graduate student of a foreign nation receiving a waiver under this section is not eligible for any other.

The waiver programs under this section, to the greatest extent possible, shall promote reciprocal placements and waivers in foreign nations for Washington residents. The number of waivers awarded by each institution shall not exceed the number of that institution's own students enrolled in approved study programs abroad during the same period.

Sec. 26. RCW 28B.15.558 and 1990 c 88 s 1 are each amended to read as follows:

(1) The governing boards of state institutions of higher education as defined in RCW 28B.10.016 may waive all or a portion of the tuition and services and activities fees for state employees as defined under subsection (2) of this section pursuant to the following conditions:

(a) Such state employees shall register for and be enrolled in courses on a space available basis and no new course sections shall be created as a result of the registration;

(b) Enrollment information on state employees registered pursuant to this section shall be maintained separately from other enrollment information and shall not be included in official enrollment reports, nor shall such state employees be considered in any enrollment statistics which would affect budgetary determinations; and

(c) State employees registering on a space available basis shall be charged a registration fee of not less than five dollars.

(2) For the purposes of this section, "state employees" means permanent full-time employees in classified service under chapters 28B.16 and 41.06 RCW.

Sec. 27. RCW 28B.15.615 and 1984 c 105 s 1 are each amended to read as follows:

The boards of regents of the state universities and the boards of trustees of the regional universities are authorized to exempt from paying all or a portion of the resident operating fee any person who is enrolled in such institution and who holds a graduate service appointment, designated as such by that institution, involving not less than twenty hours per week. The exemption shall be for the term the person shall hold the appointment. Until one year after June 7, 1984, the stipend paid to persons holding the graduate service appointments paid from state funds shall be reduced in an amount equal to the resident operating fee so waived, and the institution shall pay to the general fund from moneys appropriated an amount equivalent to the amount of waived operating fee revenue so as to ensure that the general fund is not negatively impacted. The 1985-87 and subsequent biennial appropriations to the institutions shall be based on the level of reduced stipend resulting from this section. The stipend paid to persons holding graduate student appointments from nonstate funds shall be reduced and the institution reimbursed from such funds in an amount equal to the resident operating fee which funds shall be transmitted to the general fund.

Sec. 28. RCW 28B.15.620 and 1989 c 306 s 4 are each amended to read as follows:

((~~Notwithstanding any other provision of law,~~)) The boards of regents of the state universities and the boards of trustees of the regional universities, The Evergreen State College, and the community colleges may exempt veterans of the Vietnam conflict who have served in the southeast Asia theater of operations ((~~attending institutions of higher learning shall be exempted~~)) from all or a portion of the payment of any increase in tuition and fees otherwise applicable to any other resident or nonresident student at any institution of higher education((~~, and shall not be required to pay~~)) that is more than the total amount of tuition and fees paid by veterans of the Vietnam conflict on October 1, 1977: PROVIDED, That for the purposes of this exemption, "veterans of the Vietnam conflict" shall be those persons who have been on active federal service as a member of the armed military or naval forces of the United States between a period commencing August 5, 1964, and ending on May 7, 1975, and who qualify as a resident student under RCW 28B.15.012, and who have enrolled in state institutions of higher education on or before May 7, 1990. This section shall expire June 30, 1995.

Sec. 29. RCW 28B.15.628 and 1991 c 228 s 14 are each amended to read as follows:

A veteran of the Persian Gulf combat zone ((~~shall~~)) may be exempted from all or a portion of increases in tuition and fees at any public institution of higher education that occur during and after their period of service, and shall not be required to pay more than the total amount of tuition and fees established for the 1990‑91 academic year, if the veteran could have qualified as a Washington resident student under RCW 28B.15.012(2), had he or she been enrolled as a student on August 1, 1990, and if the veteran's adjusted gross family income as most recently reported to the internal revenue service does not exceed Washington state's median family income as established by the federal bureau of the census. For the purposes of this section, "a veteran of the Persian Gulf combat zone" means a person who during any portion of calendar year 1991 served in active federal service as a member of the armed military or naval forces of the United States in a combat zone as designated by the president of the United States by executive order.

Sec. 30. RCW 28B.15.725 and 1989 c 290 s 2 are each amended to read as follows:

The boards of regents of the state universities and the boards of trustees of the regional universities and The Evergreen State College may enter into undergraduate upper division student exchange agreements with comparable public four-year institutions of higher education of other states and agree to ((~~charge~~)) exempt participating undergraduate upper division students ((~~resident tuition rates~~)) from payment of all or a portion of the nonresident tuition fees differential subject to the following restrictions:

(1) In any given academic year, the number of undergraduate upper division nonresident exchange students receiving nonresident tuition waivers at a state institution, shall not exceed the number of that institution's undergraduate upper division students receiving nonresident tuition waivers at participating out-of-state institutions. Waiver imbalances that may occur in one year shall be off-set in the year immediately following.

(2) Undergraduate upper division student participation in an exchange program authorized by this section is limited to one calendar year.

Sec. 31. RCW 28B.15.730 and 1985 c 370 s 69 are each amended to read as follows:

(1) The state board for community and technical colleges ((~~education~~)) and the boards of trustees for community and technical college districts thirteen, fourteen, sixteen, nineteen, and twenty, for Lower Columbia, Clark, Yakima Valley, Columbia Basin, and Walla Walla community colleges, respectively, and the board of trustees for The Evergreen State College, for any program it offers in Vancouver, ((~~shall~~)) may waive all or a portion of the ((~~payment of~~)) nonresident tuition ((~~and~~)) fees ((by)) differential for residents of Oregon, upon completion of an agreement between the higher education coordinating board and appropriate officials and agencies in Oregon granting similar waivers for residents of Cowlitz, Clark, Wahkiakum, Skamania, and Klickitat counties, Washington, who qualify for junior or senior standing to attend Portland State University at the undergraduate level.

(2) The state board for community and technical colleges ((~~education~~)) and the boards of trustees of the state's community colleges, The Evergreen State College, and the regional universities and the boards of regents of the University of Washington and Washington State University ((~~shall~~)) may waive all or a portion of the ((~~payment of~~)) nonresident tuition ((~~and~~)) fees ((by)) differential for residents of Oregon, upon completion of and to the extent permitted by an agreement between the higher education coordinating board and appropriate officials and agencies in Oregon granting similar waivers for residents of the state of Washington.

Sec. 32. RCW 28B.15.740 and 1989 c 340 s 2 are each amended to read as follows:

(1) The boards of trustees or regents of each of the ((state's regional universities, The Evergreen State College, or state universities, and the various community colleges, consistent with regulations and procedures established by the state board for community college education,)) institutions of higher education may waive, in whole or in part, tuition and services and activities fees subject to the limitations set forth in subsection((s)) (2) ((~~and (3)~~)) of this section.

(2) ((~~Except as provided in subsection (3) of this section,~~)) The total dollar amount of tuition and fee waivers awarded ((~~by any state university, regional university, or state college,~~)) under this section shall not exceed four percent, and for the community colleges considered as a whole((~~, such amount shall not exceed~~)) three percent, of an amount determined by estimating the total collections from tuition and services and activities fees had no such waivers been made and deducting the portion of that total amount which is attributable to the difference between resident and nonresident fees: PROVIDED, That at least three-fourths of the dollars waived shall be for needy students who are eligible for resident tuition and fee rates pursuant to RCW 28B.15.012 through 28B.15.015: PROVIDED FURTHER, That the remainder of the dollars waived, not to exceed one-fourth of the total, may be applied to other students at the discretion of the board of trustees or regents, except on the basis of participation in intercollegiate athletic programs((~~: PROVIDED FURTHER, That the waivers for undergraduate and graduate students of foreign nations under RCW 28B.15.556 are not subject to the limitation under this section.~~

(3) In addition to the tuition and fee waivers provided in subsection (2) of this section and subject to the provisions of RCW 28B.15.455 and 28B.15.460, a total dollar amount of tuition and fee waivers awarded by any state university, regional university, or state college, not to exceed one percent, as calculated in subsection (2) of this section, may be used for the purpose of achieving or maintaining gender equity in intercollegiate athletic programs. At any institution that has an underrepresented gender class in intercollegiate athletics, any such waivers shall be awarded:

(a) First, to members of the underrepresented gender class who participate in intercollegiate athletics, where such waivers result in saved or displaced money that can be used for athletic programs for the underrepresented gender class. Such saved or displaced money shall be used for programs for the underrepresented gender class; and

(b) Second, (i) to nonmembers of the underrepresented gender class who participate in intercollegiate athletics, where such waivers result in saved or displaced money that can be used for athletic programs for members of the underrepresented gender class. Such saved or displaced money shall be used for programs for the underrepresented gender class; or (ii) to members of the underrepresented gender class who participate in intercollegiate athletics, where such waivers do not result in any saved or displaced money that can be used for athletic programs for members of the underrepresented gender class)).

NEW SECTION. Sec. 33. A new section is added to chapter 28B.15 RCW to read as follows:

Subject to RCW 28B.15.455 and 28B.15.460, a state university, regional university, or state college may waive all or a portion of tuition and services and activities fees in an amount not to exceed one percent, as calculated in RCW 28B.15.740(2), for the purpose of achieving or maintaining gender equity in intercollegiate athletic programs. At any institution that has an underrepresented gender class in intercollegiate athletics, any such waivers shall be awarded:

(1) First, to members of the underrepresented gender class who participate in intercollegiate athletics, where such waivers result in saved or displaced money that can be used for athletic programs for the underrepresented gender class. Such saved or displaced money shall be used for programs for the underrepresented gender class; and

(2) Second, (a) to nonmembers of the underrepresented gender class who participate in intercollegiate athletics, where such waivers result in saved or displaced money that can be used for athletic programs for members of the underrepresented gender class. Such saved or displaced money shall be used for programs for the underrepresented gender class; or (b) to members of the underrepresented gender class who participate in intercollegiate athletics, where such waivers do not result in any saved or displaced money that can be used for athletic programs for members of the underrepresented gender class.

Sec. 34. RCW 28B.15.750 and 1985 c 370 s 73 are each amended to read as follows:

The state board for community and technical colleges ((~~education~~)) and the boards of trustees of the state's community colleges, The Evergreen State College, and the regional universities and boards of regents of the University of Washington and Washington State University ((~~shall~~)) may waive all or a portion of the ((~~payment of~~)) nonresident tuition ((~~and~~)) fees ((by)) differential for residents of Idaho, upon completion of and to the extent permitted by an agreement between the higher education coordinating board and appropriate officials and agencies in Idaho granting similar waivers for residents of the state of Washington.

Sec. 35. RCW 28B.15.756 and 1987 c 446 s 2 are each amended to read as follows:

The boards of trustees of The Evergreen State College and the regional universities, the state board for community and technical colleges ((~~education~~)), and the boards of regents of the University of Washington and Washington State University ((~~shall~~)) may waive all or a portion of the ((~~payment of~~)) nonresident tuition and fees ((by)) differential for residents of the Canadian province of British Columbia, upon completion of and to the extent permitted by an agreement between the higher education coordinating board and appropriate officials and agencies in the Canadian province of British Columbia providing for enrollment opportunities for residents of the state of Washington without payment of tuition or fees in excess of those charged to residents of British Columbia.

Sec. 36. RCW 28B.35.361 and 1990 c 154 s 3 are each amended to read as follows:

Subject to the limitations of section 44 of this act, the boards of trustees of each regional university may exempt from the payment of all or a portion of tuition or services and activities fees, except for individual instruction fees, (1) all veterans who served in the armed forces of the United States who have served the United States during any period of war as defined in RCW 41.04.005 and who shall have served with evidence of conduct other than undesirable, bad conduct or dishonorable upon release from active service: PROVIDED, That such person is no longer entitled to federal vocational or educational benefits conferred by virtue of his military service: PROVIDED FURTHER, That such exemptions shall be provided only to those persons otherwise covered who were enrolled in the regional universities on or before October 1, 1977, and (2) all children of any law enforcement officer or fire fighter who lost his life or became totally disabled in the line of duty while employed by any public law enforcement agency or full time or volunteer fire department in this state: PROVIDED, That such persons may receive the exemption only if they begin their course of study at a regional university within ten years of their graduation from high school.

Sec. 37. RCW 28B.40.361 and 1990 c 154 s 4 are each amended to read as follows:

Subject to the limitations of section 44 of this act, the board of trustees of The Evergreen State College may exempt from the payment of all or a portion of tuition or services and activities fees, except for individual instruction fees, (1) all veterans who served in the armed forces of the United States who have served the United States during any period of war as defined in RCW 41.04.005 and who shall have served with evidence of conduct other than undesirable, bad conduct or dishonorable upon release from active service: PROVIDED, That such person is no longer entitled to federal vocational or educational benefits conferred by virtue of his military service: PROVIDED FURTHER, That such exemptions shall be provided only to those persons otherwise covered who were enrolled in state colleges on or before October 1, 1977, and (2) all children of any law enforcement officer or fire fighter who lost his life or became totally disabled in the line of duty while employed by any public law enforcement agency or full time or volunteer fire department in this state: PROVIDED, That such persons may receive the exemption only if they begin their course of study at The Evergreen State College within ten years of their graduation from high school.

Sec. 38. RCW 28B.50.259 and 1991 c 315 s 17 are each amended to read as follows:

(1) The state board for community and technical colleges ((~~education~~)) shall administer a program designed to provide higher education opportunities to dislocated forest products workers and their unemployed spouses who are enrolled in a community or technical college for ten or more credit hours per quarter. In administering the program, the college board shall have the following powers and duties:

(a) With the assistance of an advisory committee, design a procedure for selecting dislocated forest products workers to participate in the program;

(b) Allocate funding to community and technical colleges attended by participants;

(d) Report to the legislature by December 1, 1993, on the status of the program.

(2) Unemployed spouses of eligible dislocated forest products workers may participate in the program, but tuition and fees may be waived under the program only for the worker or the spouse and not both.

(3) Subject to the limitations of section 44 of this act, the boards of trustees of the community and technical colleges ((~~shall~~)) may waive all or a portion of tuition and fees for program participants, for a maximum of six quarters within a two-year period.

(4) During any biennium, the number of full-time equivalent students to be served in this program shall be determined by the applicable omnibus appropriations act, and shall be in addition to the community college enrollment level funded by the applicable omnibus appropriations act.

Sec. 39. RCW 28B.70.050 and 1969 ex.s. c 223 s 28B.70.050 are each amended to read as follows:

When said compact becomes operative the governing board of each institution of higher learning in this state, to the extent necessary to conform with the terms of the contractual agreement, may, subject to the limitations of section 44 of this act, exempt from payment of all or a portion of the nonresident tuition fees ((~~established by law for nonresident students~~)) differential, any student admitted to such institution under the terms of a contractual agreement entered into with the commission in accord with the provisions of Article VIII(a) of the compact.

Sec. 40. RCW 28B.80.580 and 1991 c 315 s 20 are each amended to read as follows:

(1) The board shall contract with institutions of higher education to provide upper division classes to serve additional placebound students in the timber impact areas meeting the following criteria, as determined by the employment security department: (a) A lumber and wood products employment location quotient at or above the state average; (b) a direct lumber and wood products job loss of one hundred positions or more; and (c) an annual unemployment rate twenty percent above the state average; and which are not served by an existing state-funded upper division degree program. The number of full-time equivalent students served in this manner shall be determined by the applicable omnibus appropriations act. The board may direct that all the full-time equivalent enrollments be served in one of the eligible timber impact areas if it should determine that this would be the most viable manner of establishing the program and using available resources. The institutions shall utilize telecommunication technology, if available, to carry out the purposes of this section. Subject to the limitations of section 44 of this act, the institutions providing the service ((~~shall~~)) may waive all or a portion of the tuition, service, and activities fees for dislocated forest products workers or their unemployed spouses enrolled as one of the full-time equivalent students allocated to the college under this section.

(3) For any eligible participant, all or a portion of tuition ((~~shall~~)) may be waived for a maximum of four semesters or six quarters within a two-year time period and the participant must be enrolled for a minimum of ten credits per semester or quarter.

Sec. 41. RCW 28C.04.545 and 1987 c 231 s 4 are each amended to read as follows:

Subject to the limitations of section 44 of this act, the respective governing boards of ((~~the public vocational-technical institutes shall~~)) technical colleges may provide full or partial fee waivers for a maximum of two years for recipients of the Washington award for vocational excellence established under RCW 28C.04.520 through 28C.04.540. To qualify for the waiver, recipients shall enter the ((~~public vocational-technical institute~~)) technical college within three years of receiving the award. An above average rating at the ((~~vocational-technical institute~~)) technical college in the first year shall be required to qualify for the second-year waiver.

NEW SECTION. Sec. 42. A new section is added to chapter 28B.15 RCW to read as follows:

A fund is hereby authorized for each public four-year institution of higher education and each community and technical college district known as the "higher education operating fee fund -- ................ (name of institution)." Each fund shall become established following notification by the applicable board of regents or board of trustees to the state treasurer that it has elected to use the fund. The fund shall consist of all operating fees, as defined in this chapter, collected by the institution, except that two and one-half percent of moneys received as operating fees shall be deposited into the institution long-term loan fund under RCW 28B.15.820 and except for those moneys obligated for transfer to the higher education reimbursable construction account under RCW 43.99I.040. The state treasurer shall be custodian of the funds. All moneys received shall be deposited in depositories approved by the state treasurer and transferred to the state treasurer to be credited to the appropriate higher education operating fee funds. Disbursements from the funds shall be on authorization of the respective institutional boards of regents or trustees, or duly authorized representatives thereof. In order to maintain effective expenditure and revenue control, the funds are subject in all respects to chapter 43.88 RCW but no appropriation is required to permit expenditures and payment of obligations from such funds. Moneys in the funds may be spent as necessary for the operation of the institution, but not for salary increases or enrollment increases above limits established in any operating appropriations act. Operating fees revenue from those institutions that do not elect to use a higher education operating fee fund shall be deposited into the general fund, except that two and one-half percent shall be deposited into the institution long-term loan fund under RCW 28B.15 820 and except for those moneys obligated for transfer to the higher education reimbursable construction account under RCW 43.99I.040.

NEW SECTION. Sec. 43. A new section is added to chapter 28B.15 RCW to read as follows:

Unless the context clearly requires otherwise, as used in this chapter "nonresident tuition fees differential" means the difference between resident tuition fees and nonresident tuition fees.

NEW SECTION. Sec. 44. A new section is added to chapter 28B.15 RCW to read as follows:

(1) Unless otherwise expressly provided in law or in the biennial appropriations act, for each of the following institutions the total amount of operating fees waived, exempted, or reduced by an institution of higher education under all tuition waiver programs existing on the effective date of this section, including programs referenced in subsection (2) of this section, or established after the effective date of this section shall not exceed the following corresponding percentage of total net authorized operating tuition fee revenue for that institution. As used in this section, "net authorized operating tuition fee revenue" means the estimated gross operating tuition fee revenue before granting any waivers minus obligations under RCW 28B.15.820 and 43.99I.040, and minus any institution's proportionate share of that portion of any appropriation for student financial aid reflecting increased tuition revenue as described in RCW 28B.15.065.

(a) University of Washington 20 percent

(b) Washington State University 20 percent

(d) Central Washington University 8 percent

(e) Western Washington University 9 percent

(f) The Evergreen State College 6 percent

(g) The community and technical college system 32 percent

(2) The limitations in subsection (1) of this section apply to waivers, exemptions, or reductions in tuition and services and activities fees contained in the following:

(a) RCW 28B.10.265;

(b) RCW 28B.15.014;

(d) RCW 28B.15.225;

(e) RCW 28B.15.380;

(f) RCW 28B.15.520;

(g) RCW 28B.15.527;

(h) RCW 28B.15.543;

(i) RCW 28B.15.545;

(j) RCW 28B.15.556;

(k) RCW 28B.15.615;

(l) RCW 28B.15.620;

(m) RCW 28B.15.628;

(n) RCW 28B.15.730;

(o) RCW 28B.15.740;

(p) RCW 28B.15.--- (section 33 of this act);

(q) RCW 28B.15.750;

(r) RCW 28B.15.756;

(s) RCW 28B.35.361;

(t) RCW 28B.40.361;

(u) RCW 28B.50.259;

(v) RCW 28B.70.050;

(w) RCW 28B.80.580; and

(x) RCW 28C.04.545.

(3) The limitations in subsection (1) of this section do not apply to waivers, exemptions, or reductions in services and activities fees contained in the following:

(a) RCW 28B.15.522;

(b) RCW 28B.15.535;

(d) RCW 28B.15.558.

NEW SECTION. Sec. 45. The higher education coordinating board shall develop a comprehensive system of higher education financial assistance to be known as college promise, to be implemented beginning in the 1993-94 school year. The goals of college promise shall be to:

(1) Create a system of financial assistance within the state that equalizes educational opportunities for all students who have prepared themselves academically in high school regardless of family ability to pay for college;

(2) Establish the following priorities for assisting students eligible for the state student financial aid program, also known as the state need grant program, in order of relative need, encompassing new populations of students as funding becomes available:

(a) Low-income students;

(b) Lower middle-income students; and

(3) Increase access to the state need grant program by resident needy graduate and professional students;

(4) Through a mix of federal, state, and other resources, limit student debt to a reasonable level. As a goal, college promise shall strive to ensure that no more than one-half of a student's cost of attendance consists of loans. College promise shall also strive to provide an increased level of work study and other self-help opportunities for upper division and middle class students, and more grant aid and work study for low-income students;

(5) Provide a simplified means test for low-income students. The means test should complement federal need analysis criteria. In addition, the means test should be highly predictable and understandable to the average citizen;

(6) Insofar as is feasible under state and federal law, provide reasonable protection of home equity and shield a reasonable portion of farm or business net worth, in determining eligibility for state financial aid programs;

(7) Create new ways of delivering clear, timely, and understandable information about academic and financial preparation for college students and their parents. The information should inform students of their responsibilities, and of the state's commitment to assist them with student financial aid when they apply and demonstrate financial need;

(8) Include teachers pursuing master's degrees for continuing certification in the teachers conditional scholarship program; and

(9) Facilitates financial aid for needy students whose parents did not obtain a higher education certificate or degree.

NEW SECTION. Sec. 46. (1) In developing college promise, the higher education coordinating board shall be guided by the following funding goals, adjusting the income level as the state's median income changes:

Goals for Funding Needy Undergraduate Students

Classification: Low income Lower middle income Middle income

Family

Income: 0-$19,608 $19,600-$29,500 $29,500-$49,200

(1990 Dollars)

Percentage Fifty percent Fifty to Seventy-five

of State of state seventy-five to one hundred

Median median percent of twenty-five

Income: income state median percent of state

median income

Means Qualifies for Full need analysis Full need Test: simplified required analysis

means test required

Priority: First priority Second priority Third priority

Assistance One-half One-half One-third

Mix Targets: grants grants grants

One-half One-half Two-thirds

work study work study work study

and loans and loans and loans

(2) In determining family income under subsection (1) of this section, family income shall be updated, and adjusted for family size, each in accordance with estimates prepared by the bureau of the census as reported by the office of community services in the Federal Register.

(3) Full need analysis shall be required for lower-middle and middle income students, but shall allow for exclusion of reasonable portions of home equity or business or farm net worth where otherwise allowed under state and federal law.

NEW SECTION. Sec. 47. (1) The "higher education financial aid account" is created in the state treasury. The account shall consist of transfers, appropriations, federal funds, and donations from private or other sources. On July 1st of each year, beginning in 1993, the state treasurer shall transfer to the account general fund--state moneys equal to the amount needed in the fiscal year of the transfer to fully fund the state financial aid programs described in subsection (2) of this section, as determined by the higher education board under section 49 of this act. Moneys in the account may be spent only after appropriation.

(2) Moneys in the account shall be spent for the following state financial aid programs:

(a) Assistance to blind students under RCW 28B.10.210 through 28B.10.220;

(b) State student financial aid program, also known as the "state need grant program," under RCW 28B.10.790 through 28B.10.824;

(d) Future teachers conditional scholarship program, under chapter 28B.102 RCW; and

(e) Educational opportunity grant program, under chapter 28B.101 RCW.

Sec. 48. RCW 82.33.020 and 1990 c 229 s 2 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) 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) 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) 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) As part of its forecasts under subsection (1) of this section, the director shall provide estimated revenue from tuition fees as defined in RCW 28B.15.020. The estimated tuition revenue for the ensuing biennium that is contained in the forecast due November 20th in odd-numbered years shall be used to determine the amount of general fund moneys to transfer to the higher education financial aid account created in section 47 of this act.

NEW SECTION. Sec. 49. A new section is added to chapter 28B.15 RCW to read as follows:

(1) By September 1st of each even-numbered year, the higher education coordinating board shall adopt an estimate of the amount of funding, annualized for each fiscal year, that will be needed to fully fund each of the state's student financial aid programs during the following biennium. The board shall report its findings to the governor, the treasurer, and the house of representatives and senate fiscal and higher education committees.

(2) By December 1, 1992, the board shall propose to the legislature any changes to the laws governing state financial aid programs that it deems necessary to accomplish the purposes of sections 45 and 46 of this act.

NEW SECTION. Sec. 50. A new section is added to chapter 28B.10 RCW to read as follows:

In administering the state student financial aid program, also known as the "state need grant program," under RCW 28B.10.790 through 28B.10.824, the higher education coordinating board shall define and assist additional populations of needy students as funding becomes available. In awarding grants, the board shall proceed substantially as follows unless it determines that a modification is required in order to conform with federal law or to improve the administration of the program, consistent with the purposes of this chapter:

(1) The board shall adopt classification standards defining target populations by income levels, adjusting the income standards for family size and changes in the state's median income.

(a) "Low-income families" means families with incomes at or below fifty percent of state median income, adjusted annually and for family size. Students from low-income families may qualify for a simplified means test, and are the first priority of the state need grant program.

(b) "Lower middle-income families" means families with incomes between fifty-one and seventy-five percent of state median income, adjusted annually and for family size. Students from lower middle-income families are the second priority of the state need grant program.

(c) "Middle-income families" means families with incomes between seventy-six percent and one hundred twenty-five percent of the state median income, adjusted annually and for family size.

(2) In calculating eligibility for aid, the board shall, where not otherwise inconsistent with federal or state law, exclude a reasonable portion of home equity on a family's principal place of residence and shield a reasonable portion of farm or business net worth, in order to equitably evaluate family ability to pay.

Sec. 51. RCW 28B.102.020 and 1987 c 437 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Conditional scholarship" means a loan that is forgiven in whole or in part if the recipient renders service as a teacher in the public schools of this state.

(2) "Institution of higher education" or "institution" means a college or university in the state of Washington which is accredited by an accrediting association recognized as such by rule of the higher education coordinating board.

(3) "Board" means the higher education coordinating board.

(4) "Eligible student" means a student who is registered for at least ten credit hours or the equivalent, demonstrates achievement of at least a 3.30 grade point average for students entering an institution of higher education directly from high school or maintains at least a 3.00 grade point average or the equivalent for each academic year in an institution of higher education, is a resident student as defined by RCW 28B.15.012 through 28B.15.015, and has a declared intention to complete an approved preparation program leading to initial teacher certification or required for earning an additional endorsement, or a college or university graduate who meets the same credit hour requirements and is seeking an additional teaching endorsement or initial teacher certification. "Eligible student" also means a teacher seeking a master's degree if the degree is required for continuing certification.

(5) "Public school" means an elementary school, a middle school, junior high school, or high school within the public school system referred to in Article IX of the state Constitution.

(6) "Forgiven" or "to forgive" or "forgiveness" means to render service as a teacher at a public school in the state of Washington in lieu of monetary repayment.

(7) "Satisfied" means paid-in-full.

(8) "Participant" means an eligible student who has received a conditional scholarship under this chapter.

(9) "Targeted ethnic minority" means a group of Americans with a common ethnic or racial heritage selected by the board for program consideration due to societal concerns such as high dropout rates or low rates of college participation by members of the group.

Sec. 52. RCW 28B.102.050 and 1987 c 437 s 5 are each amended to read as follows:

The board may award conditional scholarships to eligible students from ((~~the funds~~)) moneys appropriated to the board for this purpose, or from any private donations, or any other ((~~funds~~)) moneys given to the board for this program. The amount of the conditional scholarship awarded an individual shall not exceed three thousand dollars per academic year. Students are eligible to receive conditional scholarships for a maximum of five years. The amount of the conditional scholarship awarded to any eligible student pursuing a master's degree for continuing certification shall not exceed the lesser of the student's cost of tuition or twenty-five hundred dollars per year. Grants awarded to any one student pursuing a master's degree for continuing certification shall not exceed a total of five thousand dollars.

Sec. 53. RCW 28B.101.040 and 1990 c 288 s 6 are each amended to read as follows:

Grants may be used by eligible participants to attend any public or private college or university in the state of Washington that is accredited by an accrediting association recognized by rule of the higher education coordinating board and that has an existing unused capacity. Grants shall not be used to attend any branch campus or educational program established under chapter 28B.45 RCW. The participant shall not be eligible for a grant if it will be used for any programs that include religious worship, exercise, or instruction or to pursue a degree in theology. Each participating student may receive up to two thousand five hundred dollars per academic year, not to exceed the student's demonstrated financial need for the course of study.

NEW SECTION. Sec. 54. A new section is added to chapter 28B.80 RCW to read as follows:

With the exception of institutions of higher education as defined in RCW 28B.10.016, an institution of postsecondary education that enrolls students receiving state-funded financial aid shall match the total amount of the state financial aid funds received by all enrolled students at that institution with an equal amount of institutionally raised funds from private sources. The higher education coordinating board shall adopt rules to implement this requirement. The rules shall ensure that all institutional matching funds go to students who are residents of the state as defined in RCW 28B.15.011 through 28B.15.013 and are needy as defined in RCW 28B.10.802(3).

Sec. 55. RCW 28B.12.040 and 1985 c 370 s 58 are each amended to read as follows:

The higher education coordinating board shall develop and administer the college work-study program and shall be authorized to enter into agreements with employers and eligible institutions for the operation of the program. These agreements shall include such provisions as the higher education coordinating board may deem necessary or appropriate to carry out the purposes of this chapter.

With the exception of off-campus community service placements, the share from ((~~funds~~)) moneys disbursed under the college work-study program of the compensation of students employed under such program in accordance with such agreements shall not exceed eighty percent of the total such compensation paid such students.

By rule, the board shall define community service placements and may determine any salary matching requirements for any community service employers.

NEW SECTION. Sec. 56. Sections 45 through 47 of this act are each added to chapter 28B.10 RCW.

NEW SECTION. Sec. 57. (1) Sections 1 through 49 of this act shall take effect July 1, 1992.

(2) Sections 50 through 55 of this act shall take effect July 1, 1993.