5927-S2.E AMH HE AMH-2945.2

E2SSB 5927 - H COMM AMD

By Committee on Higher Education

                                        ADOPTED AS AMENDED 4/16/97

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  (1) The legislature finds that:

    (a) Each of the state's public baccalaureate institutions plays different but complementary roles in the state's system of higher education;

    (b) Although each community college has different strengths and special programs, the community colleges as a whole have a common role and mission;

    (c) College and university governing boards are in a unique position to assess the special needs of their institutions' students, faculty, staff, programs, and facilities;

    (d) State and institutional financial aid programs should help needy low and middle-income students pay the costs of tuition increases;

    (e) The primary purpose of the state's public system of higher education is the education and training of resident undergraduate students; and

    (f) The ability to manage institutional resources in order to meet demand is critical to meeting present and future needs for access to higher education.

    (2) Therefore, the legislature intends to:

    (a) Provide some new financial tools to the governing boards of the baccalaureate institutions by allowing the boards to adjust tuition rates, within specified limits, for different categories of students and for graduate programs;

    (b) Permit the state board for community and technical colleges to adjust tuition rates, within specified limits, for the community colleges as a whole;

    (c) Revise the statutory funding mechanism for the state's financial aid programs in order to substantially increase the amount of state funding for programs that assist needy low and middle-income students;

    (d) Ensure that any tuition increases for resident undergraduate students are limited, and, in conjunction with state financial aid programs, do not obstruct access to higher education for low and middle-income students; and

    (e) Direct the colleges and universities to use part of the revenue from tuition increases over a specified level to help needy low and middle-income resident students pay the costs associated with the tuition increase.

NEW SECTION. Sec. 2.  A new section is added to chapter 28B.15 RCW to read as follows:

    (1) As used in this section, "excess credit" means any credit taken by either a resident undergraduate student or a resident student who is not enrolled in a first professional, graduate, or law program if the student has accumulated more than one hundred twenty-five percent of the number of credits required to complete the student's baccalaureate degree program.

    (2)(a) Except as provided in (b) of this subsection, state universities, regional universities, and The Evergreen State College may collect a surcharge from any resident student who is enrolled for excess credit.  The amount of the surcharge may vary by credit or percentage thresholds, or may be based on special circumstances, each as established by the institution.

    (b) Students who are required to take continuing education credits as a condition of licensure or state law are exempt from the excess credit surcharge for any credits taken as a result of the requirements.

    (3) A surcharge for excess credits shall not exceed twenty-five percent of the tuition fees rates for full-time resident undergraduate students at the college or university.

    Sec. 3.  RCW 28B.15.031 and 1996 c 142 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 surcharges for excess credit under section 2 of this act, or 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, technology 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 deposited in a local account containing only operating fees revenue and related interest:  PROVIDED, That a minimum of three and one-half percent of operating fees shall be retained by the institutions, except the technical colleges, for the purposes of RCW 28B.15.820.  Local operating fee accounts shall not be subject to appropriation by the legislature or allotment procedures under chapter 43.88 RCW.

    Sec. 4.  RCW 28B.15.065 and 1977 ex.s. c 322 s 6 are each amended to read as follows:

    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 tuition and fee levels under the provisions of ((this 1977 amendatory act)) chapter 322, Laws of 1977 ex. sess..

    Sec. 5.  RCW 28B.15.066 and 1995 1st sp.s. c 9 s 3 are each amended to read as follows:

    It is the intent of the legislature that:

    In making appropriations from the state's general fund to institutions of higher education, each appropriation shall conform to the following:

    (1) The appropriation shall not be reduced by the amount of operating fees revenue estimated to be collected from students enrolled at the state-funded enrollment level specified in the omnibus biennial operating appropriations act;

    (2) The appropriation shall not be reduced by the amount of operating fees revenue collected from students enrolled above the state-funded level, but within the over-enrollment limitations, specified in the omnibus biennial operating appropriations act; ((and))

    (3) The general fund state appropriation shall not be reduced by the amount of operating fees revenue collected as a result of waiving less operating fees revenue than the amounts authorized under RCW 28B.15.910; and

(4) The appropriation shall not be reduced or increased as a result of adjustments during the 1997-98 and 1998-99 academic years of tuition fees rates above or below the five-year rolling average of the per capita personal income growth rate contained in the even-year September Washington economic and revenue forecast by the office of the forecast council, or by four percent, whichever is the lower amount.

    Sec. 6.  RCW 28B.15.067 and 1996 c 212 s 1 are each amended to read as follows:

    (1) Tuition fees shall be established under the provisions of this chapter.

    (2) ((Academic year tuition for full-time students at the state's institutions of higher education for the 1995-96 academic year, other than the summer term, shall be as provided in this subsection.

    (a) At the University of Washington and Washington State University:

    (i) For resident undergraduate students and other 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, two thousand seven hundred sixty-four dollars;

    (ii) For nonresident undergraduate students and other nonresident 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, eight thousand two hundred sixty-eight dollars;

    (iii) For resident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, four thousand four hundred ninety dollars;

    (iv) For nonresident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, eleven thousand six hundred thirty-four dollars;

    (v) For resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, seven thousand four hundred ninety-seven dollars; and

    (vi) For nonresident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, nineteen thousand four hundred thirty-one dollars.

    (b) At the regional universities and The Evergreen State College:

    (i) For resident undergraduate and all other resident students not in graduate study programs, two thousand forty-five dollars;

    (ii) For nonresident undergraduate and all other nonresident students not in graduate study programs, seven thousand nine hundred ninety-two dollars;

    (iii) For resident graduate students, three thousand four hundred forty-three dollars; and

    (iv) For nonresident graduate students, eleven thousand seventy-one dollars.

    (c) At the community colleges:

    (i) For resident students, one thousand two hundred twelve dollars; and

    (ii) For nonresident students, five thousand one hundred sixty-two dollars and fifty cents.

    (3))) Academic year tuition for full-time students at the state's institutions of higher education beginning with the 1996-97 academic year, other than the summer term, shall be as provided in this subsection.

    (a) At the University of Washington and Washington State University:

    (i) For resident undergraduate students and other 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, two thousand eight hundred seventy-five dollars;

    (ii) For nonresident undergraduate students and other nonresident 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, nine thousand four hundred ninety-one dollars;

    (iii) For resident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, four thousand six hundred sixty-nine dollars;

    (iv) For nonresident graduate and law students not enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, twelve thousand one hundred dollars;

    (v) For resident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, seven thousand seven hundred ninety-seven dollars; and

    (vi) For nonresident students enrolled in programs leading to the degrees of doctor of medicine, doctor of dental surgery, and doctor of veterinary medicine, twenty thousand two hundred nine dollars.

    (b) At the regional universities and The Evergreen State College:

    (i) For resident undergraduate and all other resident students not in graduate study programs, two thousand one hundred twenty-seven dollars;

    (ii) For nonresident undergraduate and all other nonresident students not in graduate study programs, eight thousand three hundred twelve dollars;

    (iii) For resident graduate students, three thousand five hundred eighty-one dollars; and

    (iv) For nonresident graduate students, eleven thousand five hundred fourteen dollars.

    (c) At the community colleges:

    (i) For resident students, one thousand two hundred sixty-one dollars; and

    (ii) For nonresident students, five thousand three hundred sixty-nine dollars and fifty cents.

    (((4))) (3) For each of the 1997-98 and 1998-99 academic years, except as provided under subsections (4) and (5) of this section, the tuition fees rates in subsection (2) of this section shall increase annually based on the five-year rolling average of the per capita personal income growth rate contained in the even-year September Washington economic and revenue forecast by the office of the forecast council, or by four percent, whichever is the lower amount.  Increases in tuition fees under this subsection shall be incorporated in the base tuition fees rates for the next academic year.

(4) During each of the 1997-98 and 1998-99 academic years, the governing boards of the state universities, the regional universities, The Evergreen State College, and, for the community colleges as a whole, the state board for community and technical colleges, may increase tuition fees rates for nonresident students and for resident students enrolled in programs leading to the degree of juris doctor, up to six percent each year in addition to the tuition fees rates computed under subsection (3) of this section. Any increase in tuition fees adopted under this subsection shall be incorporated in the base tuition fees rates for the next academic year.

(5) As a pilot program during the 1997-99 biennium, only for programs and classes at the Cheney campus, the governing board of Eastern Washington University, for each of the 1997-98 and 1998-99 academic years, may increase tuition fees rates for resident students by up to the five-year rolling average of the per capita personal income growth rate contained in the even-year September Washington economic and revenue forecast by the office of the forecast council, or by four percent, whichever is the lower amount, and may increase tuition fees rates for nonresident students by up to six percent in addition to the tuition fees rates for resident students.

(6) For tuition increases of more than four percent in any year, the institution shall use at least ten percent of the revenue received from the difference between a four percent increase and the actual percentage increase to assist needy low and middle-income resident students enrolled in the same tuition category or graduate or law program.  This requirement is in addition to the deposit requirements of the institutional financial aid fund under RCW 28B.15.820.

(7) The tuition fees established under this chapter shall not apply to summer term or to high school students enrolling in community colleges under RCW 28A.600.300 through 28A.600.395.

    Sec. 7.  RCW 28B.15.069 and 1995 1st sp.s. c 9 s 5 are each amended to read as follows:

    (1) As used in this section, each of the following subsections is a separate tuition category:

    (a) Resident undergraduate students and all other resident students not in first professional, graduate, or law programs;

    (b) Nonresident undergraduate students and all other nonresident students not in graduate or law programs;

    (c) Resident graduate and law students;

    (d) Nonresident graduate and law students;

    (e) Resident first professional students; and

    (f) Nonresident students in first professional programs.

    (2) Unless the context clearly requires otherwise, as used in this section "first professional programs" means programs leading to one of the following degrees:  Doctor of medicine, doctor of dental surgery, or doctor of veterinary medicine.

    (3) ((For the 1995-96 and 1996-97 academic years,)) The building fee for each academic year shall be a percentage of total tuition fees.  This percentage shall be calculated by the higher education coordinating board and be based on the actual percentage the building fee is of total tuition for each tuition category in the 1994-95 academic year, rounded up to the nearest half percent.

    (4) The governing boards of each institution of higher education, except for the technical colleges, shall charge to and collect from each student a services and activities fee.  A governing board 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 student tuition fees for the applicable tuition category:  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.

    (5) Tuition and services and activities fees consistent with subsection (4) of this section shall be set by the state board for community and technical colleges for community college summer school students unless the community college charges fees in accordance with RCW 28B.15.515.

    (6) Subject to the limitations of RCW 28B.15.910, each governing board of a community college may charge such fees for ungraded courses, noncredit courses, community services courses, and self‑supporting courses as it, in its discretion, may determine, consistent with the rules of the state board for community and technical colleges."

    Correct the title.

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