AN ACT Relating to intercollegiate athletic fees; amending RCW 28B.10.265, 28B.15.041, 28B.15.044, 28B.15.045, 28B.15.380, 28B.15.411, 28B.15.522, 28B.15.535, 28B.15.540, 28B.15.545, 28B.15.600, 28B.15.740, 28B.35.361, 28B.40.361, and 28B.50.320; reenacting and amending RCW 28B.15.100, 28B.15.520, and 28B.15.543; adding a new section to chapter 28B.15 RCW; and providing an effective date.

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

Sec. 1. Section 2, chapter 17, Laws of 1972 ex. sess. as last amended by section 1, chapter 390, Laws of 1985 and RCW 28B.10.265 are each amended to read as follows:

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', and intercollegiate athletic 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 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 tuition shall provide institutional administrative personnel with documentation of their rights under this section.

Sec. 2. Section 35, chapter 169, Laws of 1977 ex. sess. as amended by section 14, chapter 390, Laws of 1985 and RCW 28B.15.041 are each amended to read as follows:

The term "services and activities fees" as used in this chapter is defined to mean fees, other than tuition or intercollegiate athletic fees, charged to all students registering at the state's community colleges, regional universities, The Evergreen State College, and state universities. Services and activities fees shall be used as otherwise provided by law or by rule or regulation of the board of trustees or regents of each of the state's community colleges, The Evergreen State College, the regional universities, or the state universities for the express purpose of funding student activities and programs of their particular institution other than activities associated with intercollegiate athletics. Student activity fees, student use fees, student building use fees, special student fees, or other similar fees charged to all full time students, or to all students, as the case may be, registering at the state's colleges or universities and pledged for the payment of bonds heretofore or hereafter issued for, or other indebtedness incurred to pay, all or part of the cost of acquiring, constructing or installing any lands, buildings, or facilities of the nature described in RCW 28B.10.300 as now or hereafter amended, shall be included within and deemed to be services and activities fees.

Sec. 3. Section 1, chapter 80, Laws of 1980 and RCW 28B.15.044 are each amended to read as follows:

It is the intent of the legislature that students will propose initial budgetary recommendations for consideration by the college or university administration to the extent that such budget recommendations are intended to be funded by services and activities fees and intercollegiate athletic fees. It is also the intent of the legislature that services and activities fee and intercollegiate athletic fee expenditures for programs devoted to political or economic philosophies shall result in the presentation of a spectrum of ideas.

Sec. 4. Section 2, chapter 80, Laws of 1980 and RCW 28B.15.045 are each amended to read as follows:

The boards of trustees and the boards of regents of the respective institutions of higher education shall adopt guidelines governing the establishment and funding of programs supported by services and activities fees and intercollegiate athletic fees. Such guidelines shall spell out procedures for budgeting and expending services and activities fee and intercollegiate athletic fee revenue. Any such guidelines shall be consistent with the following provisions:

(1) Initial responsibility for proposing program priorities and budget levels for that portion of program budgets that derive from services and activities fees and intercollegiate athletic fees shall reside with a services and activities and intercollegiate athletic fee committee, on which students shall hold at least a majority of the voting memberships, such student members to be recommended by the student government association or its equivalent. The governing board shall insure that the services and activities and intercollegiate athletic fee committee provides an opportunity for all viewpoints to be heard during its consideration of the funding of student programs and activities.

(2) The services and activities and intercollegiate athletic fee committee shall evaluate existing and proposed programs and submit budget recommendations for the expenditure of those services and activities fees and intercollegiate athletic fees to the college or university administration.

(3) The college or university administration shall review and publish a written response to the services and activities and intercollegiate athletic fee committee recommendations. This response shall outline areas of difference between the committee recommendations and the administration's proposed budget recommendations.

(4) The college or university administration, at the time it submits its proposed budget recommendations for the expenditure of services and activities fees and intercollegiate athletic fees to the governing board, shall also transmit a copy of the services and activities and intercollegiate athletic fee committee recommendations along with any supporting documentation originally provided by the committee and a copy of the administration's response to the committee recommendations. Before adoption of the final budget the governing board shall address areas of difference between the committee recommendations and the administration's budget recommendations presented for adoption by the board. A student representative of the services and activities and intercollegiate athletic fee committee shall be given the opportunity to reasonably address the governing board concerning any such differences.

(5) Services and activities and intercollegiate athletic fees and revenues generated by programs and activities funded by such fees shall be deposited and expended through the office of the chief fiscal officer of the institution.

(6) Services and activities and intercollegiate athletic fees and revenues generated by programs and activities funded by such fees shall be subject to the applicable policies, regulations, and procedures of the institution and the budget and accounting act, chapter 43.88 RCW.

(7) All information pertaining to services and activities fees and intercollegiate athletic fees budgets shall be made available to interested parties.

Sec. 5. Section 28B.15.100, chapter 223, Laws of 1969 ex. sess. as last amended by section 67, chapter 370, Laws of 1985 and by section 18, chapter 390, Laws of 1985 and RCW 28B.15.100 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, intercollegiate athletic 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, and intercollegiate athletic 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, and intercollegiate athletic 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, and intercollegiate athletic 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 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: PROVIDED FURTHER, That the state board for community college education may exempt students who are registered exclusively in required courses in vocational preparatory programs from the additional charge.

Sec. 6. Section 28B.15.380, chapter 223, Laws of 1969 ex. sess. as last amended by section 23, chapter 390, Laws of 1985 and RCW 28B.15.380 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 tuition fees ((or)), services and activities fees, or intercollegiate athletic 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 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 after the age of nineteen years 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.

Sec. 7. Section 1, chapter 356, Laws of 1985 and RCW 28B.15.411 are each amended to read as follows:

Each institution of higher education, at its discretion, may offer students an optional plan to pay in advance the ((~~general tuition~~)) building fees, operating fees, ((~~and~~)) services and activities fees, and intercollegiate athletic fees for any quarter or semester in periodic installments, as established by that institution of higher education.

This section shall expire June 30, 1987.

Sec. 8. Section 29, chapter 261, Laws of 1969 ex. sess. as last amended by section 1, chapter 198, Laws of 1985 and by section 26, chapter 390, Laws of 1985 and RCW 28B.15.520 are each reenacted and 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 waive tuition fees ((~~and~~)), services and activities fees, and intercollegiate athletic 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, and (2) the various community college boards may waive the tuition ((~~and~~)), services and activities, and intercollegiate athletic fees for children after the age of nineteen years 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.

(3) Boards of trustees of the various community colleges may waive residency requirements for 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.

Sec. 9. Section 2, chapter 50, Laws of 1984 as amended by section 27, chapter 390, Laws of 1985 and RCW 28B.15.522 are each amended to read as follows:

(1) The boards of trustees of the community college districts may waive the tuition ((~~and~~)), services and activities, and intercollegiate athletic 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 college education shall adopt rules to carry out this section.

Sec. 10. Section 2, chapter 82, Laws of 1979 as last amended by section 28, chapter 390, Laws of 1985 and RCW 28B.15.535 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 the tuition ((~~and~~)), services and activities, and intercollegiate athletic 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 tuition ((~~and~~)), services and activities, and intercollegiate athletic 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.

(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 college education with respect to community colleges, shall adopt guidelines for the implementation of employee waivers granted pursuant to this section.

Sec. 11. Section 2, chapter 157, Laws of 1975 1st ex. sess. as amended by section 29, chapter 390, Laws of 1985 and RCW 28B.15.540 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 college 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, and intercollegiate athletic fees for students who qualify under this section and who are enrolled for credit, and

(2) Waive the tuition ((~~and~~)), services and activities, and intercollegiate athletic 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. 12. Section 17, chapter 278, Laws of 1984 as amended by section 16, chapter 341, Laws of 1985, section 68, chapter 370, Laws of 1985, and by section 30, chapter 390, Laws of 1985 and RCW 28B.15.543 are each reenacted and amended to read as follows:

(1) The boards of regents and trustees of the regional universities, state universities, and The Evergreen State College shall waive tuition ((~~and~~)), service and activities, and intercollegiate athletic fees for two years for recipients of the Washington scholars award under RCW 28A.58.820 through 28A.58.830. 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 3.50.

(2) The higher education coordinating board shall report to the legislature on or before January 15, 1986, on the tuition waivers for the Washington scholars program. The report shall include an evaluation and recommendations on the effect of extending the waivers for a period of four years.

Sec. 13. Section 6, chapter 267, Laws of 1984 as amended by section 31, chapter 390, Laws of 1985 and RCW 28B.15.545 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 waive tuition ((~~and~~)), services and activities, and intercollegiate athletic fees for a maximum of one academic year 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.

Sec. 14. Section 28B.15.600, chapter 223, Laws of 1969 ex. sess. as last amended by section 32, chapter 390, Laws of 1985 and RCW 28B.15.600 are each amended to read as follows:

The boards of regents of the state's universities and the boards of trustees of the regional universities and The Evergreen State College and community colleges may refund or cancel in full the tuition ((~~and~~)), services and activities, and intercollegiate athletic fees if the student withdraws from a university or college course or program prior to the sixth day of instruction of the quarter or semester for which said fees have been paid or are due. If the student withdraws on or after the sixth day of instruction, said boards of regents and trustees may refund or cancel up to one-half of said fees, provided such withdrawal occurs within the first thirty calendar days following the beginning of instruction. The regents or trustees of the respective universities and colleges may adopt rules for the refund of tuition and fees for courses or programs that begin after the start of the regular quarter or semester. Said boards of regents and trustees may extend the refund or cancellation period for students who withdraw for medical reasons or who are called into the military service of the United States.

Said boards of regents and trustees may refund other fees pursuant to such rules as they may prescribe.

Sec. 15. Section 1, chapter 262, Laws of 1979 ex. sess. as last amended by section 33, chapter 390, Laws of 1985 and RCW 28B.15.740 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, may waive, in whole or in part, tuition ((~~and~~)), services and activities, and intercollegiate athletic fees subject to the limitations set forth in subsection (2).

(2) The total dollar amount of tuition and fee waivers awarded by any state university, regional university, or state college, 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, and intercollegiate athletic 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.

Sec. 16. Section 59, chapter 169, Laws of 1977 ex. sess. as last amended by section 46, chapter 390, Laws of 1985 and RCW 28B.35.361 are each amended to read as follows:

The boards of trustees of each regional university may exempt from the payment of tuition ((or)), services and activities, or intercollegiate athletic 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 after the age of nineteen years 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.

Sec. 17. Section 9, chapter 269, Laws of 1969 ex. sess. as last amended by section 53, chapter 390, Laws of 1985 and RCW 28B.40.361 are each amended to read as follows:

The board of trustees of The Evergreen State College may exempt from the payment of tuition ((or)), services and activities, or intercollegiate athletic 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 after the age of nineteen years 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.

Sec. 18. Section 28B.50.320, chapter 223, Laws of 1969 ex. sess. as last amended by section 17, chapter 279, Laws of 1971 ex. sess. and RCW 28B.50.320 are each amended to read as follows:

All operating fees, services and activities fees, intercollegiate athletic fees, and all other income which the trustees are authorized to impose shall be deposited as the trustees may direct unless otherwise provided by law. Such sums of money shall be subject to the budgetary and audit provisions of law applicable to state agencies. The depository selected by the trustees shall conform to the collateral requirements required for deposit of other state funds.

Disbursement shall be made by check signed by the president of the community college or his designee appointed in writing, and such other person as may be designated by the board of trustees of the community college district. Each person authorized to sign as provided above, shall execute a surety bond as provided in RCW 43.17.100. Said bond or bonds shall be filed in the office of the secretary of state.

NEW SECTION. Sec. 19. A new section is added to chapter 28B.15 RCW to read as follows:

"Intercollegiate athletic fees" as used in this chapter means fees adopted by institutional governing boards exclusively for the support of intercollegiate athletics. These fees may be charged to all students registering at the state's institutions of higher education. No other student fees may be used for the support of intercollegiate athletics. No state funds other than those specifically appropriated by the legislature for such purpose may be expended for intercollegiate athletics. This restriction in the use of state funds shall not include utilities and maintenance costs for multipurpose athletic facilities if it is not practical to separate such costs for each use of the facility.

"Intercollegiate athletics" as used in this chapter means any sport tied to intercollegiate conferences or associations or formal intercollegiate structures, excluding club sports and intramural programs.

Beginning in the 1987-88 and 1988-89 academic years, governing boards of the state's institutions of higher education may charge students up to one hundred fifty dollars per year for intercollegiate athletics.

In subsequent years, the boards may increase the fees by a percentage not to exceed the percentage increase in building and operating fees mandated by statute.

NEW SECTION. Sec. 20. This act shall take effect July 1, 1987.