READ FIRST TIME 02/16/05.   

     AN ACT Relating to tuition waivers at institutions of higher education; amending RCW 28B.15.380, 28B.15.910, and 28B.15.558; adding a new section to chapter 28B.15 RCW; and repealing RCW 28B.10.265, 28B.15.620, 28B.15.628, and 28B.15.629.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28B.15 RCW to read as follows:
     (1) The legislature finds that active military and naval veterans, reserve military and naval veterans, and national guard members called to active duty have served their country and have risked their lives to defend the lives of all Americans and the freedoms that define and distinguish our nation. The legislature intends to honor active military and naval veterans, reserve military and naval veterans, and national guard members who have served on active military or naval duty for the public service they have provided to this country.
     (2) Subject to the limitations in RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges, may waive all or a portion of tuition and fees for the following persons:
     (a) An eligible veteran or national guard member;
     (b) A child and the spouse of an eligible veteran or national guard member who became totally disabled as defined in RCW 28B.15.385 while engaged in active federal military or naval service, or who is determined by the federal government to be a prisoner of war or missing in action;
     (c) A child and the surviving spouse of an eligible veteran or national guard member who lost his or her life while engaged in active federal military or naval service. However, upon remarriage, the surviving spouse of an eligible veteran or national guard member is ineligible for a waiver under this section.
     (3) The governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges, may waive all or a portion of tuition and fees for a military or naval veteran who is a Washington domiciliary, but who did not serve on foreign soil or in international waters or in another location in support of those serving on foreign soil or in international waters and who does not qualify as an eligible veteran or national guard member under subsection (5) of this section. However, there shall be no state general fund support for waivers granted under this subsection.
     (4) Private vocational schools and private higher education institutions are encouraged to provide waivers consistent with the terms in subsections (2) and (3) of this section.
     (5) As used in this section "eligible veteran or national guard member" means a Washington domiciliary who was an active or reserve member of the United States military or naval forces, or a national guard member called to active duty, who served in active federal service, under either Title 10 or Title 32 of the United States Code, in a war or conflict fought on foreign soil or in international waters or in another location in support of those serving on foreign soil or in international waters, and if discharged from service, has received an honorable discharge.

Sec. 2   RCW 28B.15.380 and 1993 sp.s. c 18 s 10 are each amended to read as follows:
     Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, and The Evergreen State College may exempt the following students from the payment of all or a portion of tuition fees and services and activities 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, the board may exempt the student from paying up to fifty percent of the nonresident tuition fees differential. Such exemptions may 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 or her 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-supported college or university within ten years of their graduation from high school.

Sec. 3   RCW 28B.15.910 and 2004 c 275 s 51 are each amended to read as follows:
     (1) For the purpose of providing state general fund support to public institutions of higher education, except for revenue waived under programs listed in subsections (3) and (4) of this section, and unless otherwise expressly provided in the omnibus state appropriations act, the total amount of operating fees revenue waived, exempted, or reduced by a state university, a regional university, The Evergreen State College, or the community colleges as a whole, shall not exceed the percentage of total gross authorized operating fees revenue in this subsection. As used in this section, "gross authorized operating fees revenue" means the estimated gross operating fees revenue as estimated under RCW 82.33.020 or as revised by the office of financial management, before granting any waivers. This limitation applies to all tuition waiver programs established before or after July 1, 1992.
     (a) University of Washington       21 percent
     (b) Washington State University       20 percent
     (c) Eastern Washington University       11 percent
     (d) Central Washington University       8 percent
     (e) Western Washington University       10 percent
     (f) The Evergreen State College       6 percent
     (g) Community colleges as a whole       35 percent
     (2) The limitations in subsection (1) of this section apply to waivers, exemptions, or reductions in operating fees contained in the following:
     (a) ((RCW 28B.10.265;
     (b))) RCW 28B.15.014;
     (((c))) (b) RCW 28B.15.100;
     (((d))) (c) RCW 28B.15.225;
     (((e))) (d) RCW 28B.15.380;
     (((f))) (e) RCW 28B.15.520;
     (((g))) (f) RCW 28B.15.526;
     (((h))) (g) RCW 28B.15.527;
     (((i))) (h) RCW 28B.15.543;
     (((j))) (i) RCW 28B.15.545;
     (((k))) (j) RCW 28B.15.555;
     (((l))) (k) RCW 28B.15.556;
     (((m))) (l) RCW 28B.15.615;
     (((n) RCW 28B.15.620;
     (o) RCW 28B.15.628;
     (p))) (m) RCW 28B.15.730;
     (((q))) (n) RCW 28B.15.740;
     (((r))) (o) RCW 28B.15.750;
     (((s))) (p) RCW 28B.15.756;
     (((t))) (q) RCW 28B.50.259;
     (((u))) (r) RCW 28B.70.050; and
     (((v) During the 1997-99 fiscal biennium, the western interstate commission for higher education undergraduate exchange program for students attending Eastern Washington University)) (s) Section 1(2) of this act.
     (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.15.540; and
     (c) RCW 28B.15.558.
     (4) The total amount of operating fees revenue waived, exempted, or reduced by institutions of higher education participating in the western interstate commission for higher education western undergraduate exchange program under RCW 28B.15.544 shall not exceed the percentage of total gross authorized operating fees revenue in this subsection.
     (a) Washington State University       1 percent
     (b) Eastern Washington University       3 percent
     (c) Central Washington University       3 percent

Sec. 4   RCW 28B.15.558 and 2003 c 160 s 2 are each amended to read as follows:
     (1) The governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges 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((, veterans of the Korean conflict, and members of the Washington national guard)). The enrollment of these persons is pursuant to the following conditions:
     (a) Such persons 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 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 that would affect budgetary determinations; and
     (c) Persons 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 persons employed half-time or more in one or more of the following employee classifications:
     (a) Permanent employees in classified service under chapter 41.06 RCW;
     (b) Permanent employees governed by chapter 41.56 RCW pursuant to the exercise of the option under RCW 41.56.201;
     (c) Permanent classified employees and exempt paraprofessional employees of technical colleges; and
     (d) Faculty, counselors, librarians, and exempt professional and administrative employees at institutions of higher education as defined in RCW 28B.10.016.
     (3) ((For the purposes of this section, "veterans of the Korean conflict" means persons who served on active duty in the armed forces of the United States during any portion of the period beginning June 27, 1950, and ending January 31, 1955.
     (4))) In awarding waivers, an institution of higher education may award waivers to eligible persons employed by the institution before considering waivers for eligible persons who are not employed by the institution.
     (((5))) (4) If an institution of higher education exercises the authority granted under this section, it shall include all eligible state employees((, veterans of the Korean conflict, and members of the Washington national guard)) in the pool of persons eligible to participate in the program.
     (((6))) (5) In establishing eligibility to receive waivers, institutions of higher education may not discriminate between full-time employees and employees who are employed half-time or more.

NEW SECTION.  Sec. 5   The following acts or parts of acts are each repealed:
     (1) RCW 28B.10.265 (Waiver from fees -- Children of certain citizens missing in action or prisoners of war) and 1993 sp.s. c 18 s 1, 1992 c 231 s 2, 1985 c 390 s 1, 1973 c 63 s 2, & 1972 ex.s. c 17 s 2;
     (2) RCW 28B.15.620 (Exemption from tuition and fees increase at institutions of higher education -- Vietnam veterans) and 1999 c 82 s 1, 1995 c 349 s 1, 1994 c 208 s 1, 1993 sp.s. c 18 s 24, 1992 c 231 s 22, 1989 c 306 s 4, 1983 c 307 s 1, 1979 ex.s. c 83 s 1, 1977 ex.s. c 322 s 9, 1972 ex.s. c 149 s 3, & 1971 ex.s. c 279 s 22;
     (3) RCW 28B.15.628 (Waiver of tuition and fees increases at institutions of higher education -- Persian Gulf veterans) and 1999 c 82 s 2, 1996 c 169 s 1, 1994 c 208 s 2, 1993 sp.s. c 18 s 25, 1992 c 231 s 23, & 1991 c 228 s 14; and
     (4) RCW 28B.15.629 (Tuition waivers at technical colleges -- Vietnam veterans -- Persian Gulf veterans) and 1999 c 82 s 3.