BILL REQ. #:  S-3954.4 

Read first time 02/07/08.   Referred to Committee on Higher Education.

     AN ACT Relating to funding mandatory tuition waivers for eligible Washington national guard members and their families; amending RCW 28B.15.621; reenacting and amending RCW 28B.15.910; and adding a new section to chapter 28B.15 RCW.

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

Sec. 1   RCW 28B.15.621 and 2007 c 450 s 1 are each amended 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 an eligible veteran ((or national guard member)).
     (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 (8) of this section. However, there shall be no state general fund support for waivers granted under this subsection.
     (4) Subject to the conditions in subsection (5) of this section, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges, shall waive all tuition and fees for the following persons:
     (a) A child and the spouse or surviving 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; ((and))
     (b) 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; and
     (c) Subject to available funds, an eligible Washington national guard member.
     (5) The conditions in this subsection (5) apply to waivers under subsection (4) of this section.
     (a) A child must be a Washington domiciliary between the age of seventeen and twenty-six to be eligible for the tuition waiver. A child's marital status does not affect eligibility.
     (b) A surviving spouse must be a Washington domiciliary. A surviving spouse has ten years from the date of the death, total disability as defined in RCW 28B.15.385, or federal determination of prisoner of war or missing in action status of the eligible veteran or national guard member to receive the benefit. Upon remarriage, the surviving spouse is ineligible for the waiver of all tuition and fees.
     (c) Each recipient's continued participation is subject to the school's satisfactory progress policy.
     (6) Required waivers of all tuition and fees under subsection (4) of this section shall not affect permissive waivers of tuition and fees under subsection (3) of this section.
     (7) Private vocational schools and private higher education institutions are encouraged to provide waivers consistent with the terms in subsections (2) through (5) of this section.
     (8) The definitions in this subsection apply throughout this section.
     (a) "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.
     (b) "Eligible Washington national guard member" means a Washington domiciliary who was a national guard member called to active duty who served in active federal service, under Title 32 or 10 of the United States Code, and has served either a national domestic security response or 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.
     (c) "Honorable service fee" means the fee imposed pursuant to section 2 of this act.
     (d) "Institution of higher education" has the same meaning as in RCW 28B.10.016.
     (e) "Washington domiciliary" means a person whose true, fixed, and permanent house and place of habitation is the state of Washington. "Washington domiciliary" includes a person who is residing in rental housing or residing in base housing. In ascertaining whether a child or surviving spouse is domiciled in the state of Washington, public institutions of higher education shall, to the fullest extent possible, rely upon the standards provided in RCW 28B.15.013.
     (9) Each institution of higher education shall submit a report to the legislature by January 1, 2012, and every five years thereafter, on its implementation of this section, including any recommendations as to legislative changes or improvements to effectuate the purposes of this section, including the adjustment of fees established under section 2 of this act.

NEW SECTION.  Sec. 2   A new section is added to chapter 28B.15 RCW to read as follows:
     (1)(a) Beginning with the 2008-09 academic year and for each academic year thereafter, there is established an honorable service fee in the amount of one dollar, which shall be charged each quarter, or one dollar per semester, up to a maximum of four dollars per year, to all full-time and part-time, resident and nonresident, undergraduate and graduate students, who are attending any institution of higher education in this state.
     (b) The fee in this subsection may not be imposed on any person described in RCW 28B.15.621(4).
     (c) The fee in this subsection is not waivable, and is not a tuition fee as defined in RCW 28B.15.020.
     (d) To the extent that fee revenues are insufficient to achieve the fund waivers under RCW 28B.15.621, the legislature may appropriate additional amounts for any given fiscal year to ensure that the funding goals are met.
     (2) The honorable service fee account is created in the state treasury. All receipts from honorable service fees must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for costs of waivers for the persons specified in RCW 28B.15.621(4).

Sec. 3   RCW 28B.15.910 and 2007 c 522 s 948 and 2007 c 450 s 2 are each reenacted and 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       10 percent
     (e) Western Washington University       10 percent
     (f) The Evergreen State College       10 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.15.014;
     (b) RCW 28B.15.100;
     (c) RCW 28B.15.225;
     (d) RCW 28B.15.380;
     (e) RCW 28B.15.520;
     (f) RCW 28B.15.526;
     (g) RCW 28B.15.527;
     (h) RCW 28B.15.543;
     (i) RCW 28B.15.545;
     (j) RCW 28B.15.555;
     (k) RCW 28B.15.556;
     (l) RCW 28B.15.615;
     (m) RCW 28B.15.621(2);
     (n) RCW 28B.15.730;
     (o) RCW 28B.15.740;
     (p) RCW 28B.15.750;
     (q) RCW 28B.15.756;
     (r) RCW 28B.50.259; and
     (s) RCW 28B.70.050.
     (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;
     (c) RCW 28B.15.558; and
     (d) RCW 28B.15.621 (3) and (4).
     (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
     (5) The institutions of higher education will participate in outreach activities to increase the number of veterans who receive tuition waivers. Colleges and universities shall revise the application for admissions so that all applicants shall have the opportunity to advise the institution that they are veterans who need assistance. ((If a person indicates on the application for admissions that the person is a veteran who is in need of assistance, then the institution of higher education shall ask the person whether they have any funds disbursed in accordance with the Montgomery GI Bill available to them. Each institution shall encourage veterans to utilize funds available to them in accordance with the Montgomery GI Bill prior to providing the veteran a tuition waiver.))