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                                          ENGROSSED SENATE BILL NO. 4185

                        _______________________________________________

                                                            AS AMENDED BY THE HOUSE

 

                                                                            C 390 L 85

 

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Senators Rinehart, Patterson and Gaspard

 

 

Read first time 2/8/85 and referred to Committee on Education.

 

 


AN ACT Relating to higher education tuition and fees; amending RCW 28B.10.265, 28B.14C.010, 28B.14C.080, 28B.14C.090, 28B.14C.100, 28B.14C.110, 28B.14C.120, 28B.14C.130, 28B.14D.900, 28B.14G.900, 28B.15.020, 28B.15.031, 28B.15.041, 28B.15.067, 28B.15.070, 28B.15.076, 28B.15.100, 28B.15.202, 28B.15.210, 28B.15.220, 28B.15.310, 28B.15.380, 28B.15.402, 28B.15.502, 28B.15.520, 28B.15.522, 28B.15.535, 28B.15.540, 28B.15.543, 28B.15.545, 28B.15.600, 28B.15.740, 28B.15.800, 28B.15.805, 28B.15.820, 28B.20.700, 28B.20.705, 28B.20.715, 28B.20.720, 28B.20.735, 28B.30.700, 28B.30.710, 28B.30.730, 28B.30.740, 28B.31.100, 28B.35.361, 28B.35.370, 28B.35.700, 28B.35.710, 28B.35.720, 28B.35.730, 28B.35.750, 28B.40.361, 28B.50.340, 28B.50.350, 28B.50.360, 28B.50.370, 28B.50.401, 28B.50.403, 28B.50.404, 28B.57.010, 28B.57.100, 28B.57.080, 28B.58.010, 28B.58.070, 28B.58.090, 28B.59.010, 28B.59.070, 28B.59.090, 28B.59B.070, 28B.59C.070, and 28B.59D.060; and adding a new section to chapter 28B.15 RCW.

 

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

 

        Sec. 1.  Section 2, chapter 17, Laws of 1972 ex. sess. as amended by section 2, chapter 63, Laws of 1973 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((, operating fees,)) 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 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 1, chapter 354, Laws of 1977 ex. sess. and RCW 28B.14C.010 are each amended to read as follows:

          The state finance committee is hereby authorized to issue from time to time on behalf of the state, general obligation bonds of the state in the amount of sixty million dollars, or so much thereof as may be required to  refund at or prior to maturity, all or some or any part of the various issues of outstanding limited obligation revenue bonds identified below, issued by various of the institutions of higher education, similarly identified:

          (1) University of Washington ((general tuition fee)) building revenue bonds, all series, aggregating $28,850,000 in original principal amount;

          (2) Washington State University ((general tuition fee)) building revenue bonds and ((general tuition fee)) building and scientific fund revenue bonds, all series, aggregating $19,450,000 in original principal amount;

          (3) Western Washington State College ((general tuition fee)) building and normal school fund revenue bonds, all series, aggregating $11,620,000 in original principal amount;

          (4) Eastern Washington State College ((general tuition fee)) building and normal school fund revenue bonds, all series, aggregating $9,501,000 in original principal amount;

          (5) Central Washington State College ((general tuition fee)) building and normal school fund revenue bonds, all series, including refunding series, aggregating $8,925,000 in original principal amount; and

          (6) The Evergreen State College ((general tuition fee)) building revenue bonds, all series, aggregating $2,191,125 in original principal amount.

 

        Sec. 3.  Section 8, chapter 354, Laws of 1977 ex. sess. and RCW 28B.14C.080 are each amended to read as follows:

          At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding University of Washington ((general tuition fee)) building revenue bonds payable from the University of Washington bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then:

          (1) The said University of Washington bonds so  refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.20.720, 28B.20.725, 28B.20.800 or any other statute pertaining to said bonds or any covenant of the University of Washington board of regents pertaining to said bonds;

          (2) The board of regents of the University of Washington shall, from moneys thereafter paid into the University of Washington bond retirement fund pursuant to the provisions of chapter 28B.20 RCW, transfer to the state general fund amounts sufficient to pay the principal of and the interest on that portion or series of the refunding bonds necessary to  refund the said University of Washington bonds.  The state finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and

          (3) Anything to the contrary contained in chapter 28B.20 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the University of Washington bond retirement fund pursuant to covenants in the said University of Washington bonds.

          (4) Anything to the contrary contained in RCW 28B.20.725 notwithstanding, the board of regents of the University of Washington is empowered to authorize the transfer from time to time to the University of Washington building account any moneys in the University of Washington bond retirement fund in excess of the amounts determined by the state finance committee to be transferred from such bond retirement fund in accordance with subsection (2) of this section.

 

        Sec. 4.  Section 9, chapter 354, Laws of 1977 ex. sess. and RCW 28B.14C.090 are each amended to read as follows:

          At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Washington State University ((general tuition fee)) building revenue bonds and ((general tuition fee)) building and scientific fund revenue bonds payable from the Washington State University bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then:

          (1) The said Washington State University bonds so  refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.20.720, 28B.30.740, 28B.30.750 or any other statute pertaining to said bonds or any covenant of Washington State University board of regents pertaining to said bonds;

          (2) The board of regents of Washington State University shall, from moneys thereafter paid into the Washington State University bond retirement fund pursuant to the provisions of chapter 28B.30 RCW, transfer to the state general fund amounts sufficient to pay the principal of and the interest on that portion or series of the refunding bonds necessary to  refund the said Washington State University bonds.  The state finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and

          (3) Anything to the contrary contained in chapter 28B.30 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the Washington State University bond retirement fund pursuant to covenants in the said Washington State University bonds.

          (4) Anything to the contrary contained in RCW 28B.30.750 notwithstanding, the board of regents of Washington State University is empowered to authorize the transfer from time to time to the Washington State University building account any moneys in the Washington State University bond retirement fund in excess of the amounts determined by the state finance committee to be transferred from such bond retirement fund in accordance with subsection (2) of this section.

 

        Sec. 5.  Section 10, chapter 354, Laws of 1977 ex. sess. and RCW 28B.14C.100 are each amended to read as follows:

          At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Western Washington State College ((general tuition fee)) building and normal school fund revenue bonds payable from the Western Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then:

          (1) The said Western Washington State College bonds so  refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or, other than RCW 28B.40.751, any other statute pertaining to said bonds or any covenant of the board of trustees of Western Washington State College pertaining to said bonds;

          (2) Anything to the contrary in chapter 28B.40 RCW notwithstanding, all ((general tuition)) building fees and all normal school fund revenues received by Western Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into the Western Washington State College capital projects account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state general fund, amounts sufficient to pay the principal of and interest on that portion or series of the refunding bonds necessary to  refund the said bonds.  The state finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and

          (3) Anything to the contrary contained in chapter 28B.40 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the Western Washington State College bond retirement fund pursuant to covenants in the said Western Washington State College bonds.

 

        Sec. 6.  Section 11, chapter 354, Laws of 1977 ex. sess. and RCW 28B.14C.110 are each amended to read as follows:

          At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Eastern Washington State College ((general tuition fee)) building and normal school fund revenue bonds payable from the Eastern Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then:

          (1) The said Eastern Washington State College bonds so  refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or, other than RCW 28B.40.751, any other statute pertaining to said bonds or any covenant of the board of trustees of Eastern Washington State College pertaining to said bonds;

          (2) Anything to the contrary in chapter 28B.40 RCW notwithstanding, all ((general tuition)) building fees and all normal school fund revenues received by Eastern Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into the Eastern Washington State College capital projects account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state general fund, amounts sufficient to pay the principal of and interest on that portion or series of the refunding bonds necessary to  refund the said bonds.  The state finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and

          (3) Anything to the contrary contained in chapter 28B.40 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the Eastern Washington State College bond retirement fund pursuant to covenants in the said Eastern Washington State College bonds.

 

        Sec. 7.  Section 12, chapter 354, Laws of 1977 ex. sess. and RCW 28B.14C.120 are each amended to read as follows:

          At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Central Washington State College ((general tuition fee)) building and normal school fund revenue bonds payable from the Central Washington State College bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then:

          (1) The said Central Washington State College bonds so  refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or, other than RCW 28B.40.751, any other statute pertaining to said bonds or any covenant of the board of trustees of Central Washington State College pertaining to said bonds;

          (2) Anything to the contrary in chapter 28B.40 RCW notwithstanding, all ((general tuition)) building fees and all normal school fund revenues received by Central Washington State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into the Central Washington State College capital projects account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state general fund, amounts sufficient to pay the principal of and interest on that portion or series of the refunding bonds necessary to  refund the said bonds.  The state finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and

          (3) Anything to the contrary contained in chapter 28B.40 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the Central Washington State College bond retirement fund pursuant to covenants in the said Central Washington State College bonds.

 

        Sec. 8.  Section 13, chapter 354, Laws of 1977 ex. sess. and RCW 28B.14C.130 are each amended to read as follows:

          At such time as ample provision has been made for full payment, when due under the terms thereof or upon redemption prior to maturity, of all the principal of and interest on and redemption premium, if applicable, on all the outstanding Evergreen State College ((general tuition fee)) building revenue bonds payable from the Evergreen State College bond retirement fund, which provision has been made in a refunding plan adopted by the state finance committee pursuant to the terms of this chapter utilizing a part of the proceeds and the investment proceeds of the refunding bonds issued pursuant to this chapter, then:

          (1) The said Evergreen State College bonds so  refunded shall be deemed not to be "outstanding" or "unpaid" for purposes of RCW 28B.40.370, 28B.40.750, or, other than RCW 28B.40.751, any other statute pertaining to said bonds or any covenant of the board of trustees of The Evergreen State College pertaining to said bonds;

          (2) Anything to the contrary in chapter 28B.40 RCW notwithstanding, all ((general tuition)) building fees and all normal school fund revenues received by The Evergreen State College pursuant to RCW 28B.40.751 shall thenceforth be deposited into the Evergreen State College capital projects account and the board of trustees of said college shall thereafter transfer from said capital projects account to the state general fund, amounts sufficient to pay the principal of and interest on that portion or series of the refunding bonds necessary to  refund the said bonds.  The state finance committee shall determine all matters pertaining to the said transfer, including the amounts to be transferred and the time and manner of transfer; and

          (3) Anything to the contrary contained in chapter 28B.40 RCW notwithstanding, the state treasurer shall immediately transfer to the state general fund all reserves, less any amount required to effect the refunding, which have been accumulated theretofore in the Evergreen State College bond retirement fund pursuant to covenants in the said Evergreen State College bonds.

 

        Sec. 9.  Section 10, chapter 253, Laws of 1979 ex. sess. and RCW 28B.14D.900 are each amended to read as follows:

          No provision of this chapter shall be deemed to repeal, override, or limit any provision of RCW 28B.15.210, 28B.15.310, 28B.15.401, 28B.20.700 through 28B.20.745, 28B.30.700 through 28B.30.780, 28B.35.700 through 28B.35.790, or 28B.40.700 through 28B.40.790, nor any provision or covenant of the proceedings of the board of regents or board of trustees of any state institution of higher education hereafter taken in the issuance of its revenue bonds secured by a pledge of its ((general tuition)) building fees and/or other revenues mentioned within such statutes.  The obligation of the board to make the transfers provided for in RCW 28B.14D.070 and in RCW 28B.14C.080(2), 28B.14C.090(2), 28B.14C.100(2), 28B.14C.110(2), 28B.14C.120(2), and 28B.14C.130(2) shall be subject and subordinate to the lien and charge of any revenue bonds hereafter issued, on the ((general tuition)) building fees and/or other revenues pledged to secure such bonds, and on the moneys in the building account or capital project account and the individual institutions of higher education bond retirement funds.

 

        Sec. 10.  Section 9, chapter 233, Laws of 1981 as amended by section 14, chapter 48, Laws of 1982 1st ex. sess. and RCW 28B.14G.900 are each amended to read as follows:

          No provision of this chapter shall be deemed to repeal, override, or limit any provision of RCW 28B.15.210, 28B.15.310, 28B.15.402, 28B.20.700 through 28B.20.745, 28B.30.700 through 28B.30.780, or 28B.35.700 through 28B.35.790, nor any provision or covenant of the proceedings of the board of regents or board of trustees of any state institution of higher education hereafter taken in the issuance of its revenue bonds secured by a pledge of its ((general tuition)) building fees and/or other revenues mentioned within such statutes.  The obligation of the board to make the transfers provided for in RCW 28B.14G.060, chapters 28B.14C and 28B.14D RCW, and RCW 28B.20.757 shall be subject and subordinate to the lien and charge of any revenue bonds hereafter issued against ((general tuition)) building fees and/or other revenues pledged to pay and secure such bonds, and on the moneys in the building account, capital project account, the individual institutions of higher education bond retirement funds and the University of Washington hospital local fund.

 

        Sec. 11.  Section 28B.15.020, chapter 223, Laws of 1969 ex. sess. as amended by section 34, chapter 169, Laws of 1977 ex. sess. and RCW 28B.15.020 are each amended to read as follows:

          The term "((general)) tuition fees" as used in this chapter shall mean the ((general tuition)) fees charged students registering at the state's ((regional)) colleges and universities((, The Evergreen State College, and the state universities for quarters or semesters other than the summer session, which fees are to be used as follows:  At the University of Washington, solely for the purposes provided in RCW 28B.15.210; at Washington State University, solely for the purposes provided in RCW 28B.15.310; at each of the regional universities and at The Evergreen State College, solely for the purposes provided in RCW 28B.35.370; and at the community colleges, for the purposes provided in RCW 28B.50.320, 28B.50.360 and 28B.50.370 as now or hereafter amended)) which consist of:

          (1) The "building fees" as defined in section 12 of this 1985 act; and

          (2) The "operating fees" as defined in RCW 28B.15.031.

 

          NEW SECTION.  Sec. 12.  A new section is added to chapter 28B.15 RCW to read as follows:

          The term "building fees" means the fees charged students registering at the state's  colleges and universities, which fees are to be used as follows:  At the University of Washington, solely for the purposes provided in RCW 28B.15.210; at Washington State University, solely for the purposes provided in RCW 28B.15.310; at each of the regional universities and at The Evergreen State College, solely for the purposes provided in RCW 28B.35.370; and at the community colleges, for the purposes provided in RCW 28B.50.320, 28B.50.360 and 28B.50.370.  The term  "building fees" is a renaming of the "general tuition fee," and shall not be construed to affect otherwise moneys pledged to, or used for bond retirement purposes.

 

        Sec. 13.  Section 2, chapter 279, Laws of 1971 ex. sess. as last amended by section 12, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.031 are each amended to read as follows:

          The term "operating fees" as used in this chapter shall include the fees, other than ((general tuition)) 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.

 

        Sec. 14.  Section 35, chapter 169, Laws of 1977 ex. sess. 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 ((general)) tuition ((and operating)) 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.  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. 15.  Section 2, chapter 257, Laws of 1981 as amended by section 15, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.067 are each amended to read as follows:

          ((General)) Tuition ((and operating)) fees shall be established and adjusted biennially under the provisions of this chapter beginning with the 1983-84 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.  ((The general)) Tuition ((and operating)) fees shall reflect the undergraduate and graduate educational costs of the state universities, the regional universities and the community colleges, respectively, in the amounts herein prescribed.

 

        Sec. 16.  Section 7, chapter 322, Laws of 1977 ex. sess. as last amended by section 16, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.070 are each amended to read as follows:

          The house and senate higher education committees shall develop, in cooperation with the council for postsecondary education and the respective fiscal committees of the house and senate, the office of financial management and the state institutions of higher education no later than December 1981, and at each two year interval thereafter, definitions, criteria and procedures for determining the undergraduate and graduate educational costs for the state universities, regional universities and community colleges upon which ((general)) tuition ((and operating)) 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 council shall be deemed to be approved.

 

        Sec. 17.  Section 4, chapter 257, Laws of 1981 as amended by section 17, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.076 are each amended to read as follows:

          The council for postsecondary education shall determine and transmit amounts constituting approved undergraduate and graduate educational costs to the several boards of regents and trustees of the state institutions of higher education by November 10 of each even-numbered year.  ((General)) Tuition fees ((and operating fees)) shall be based on such costs in accordance with the provisions of this chapter.

 

        Sec. 18.  Section 28B.15.100, chapter 223, Laws of 1969 ex. sess. as last amended by section 11, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.100 are each 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 ((general)) tuition fees((, operating fees,)) and services and activities fees, and other fees as such board shall in its discretion determine, the total of all such fees, the ((general)) tuition fee, ((operating fee,)) and services and activities fee, to be rounded-out to the nearest whole dollar amount: PROVIDED, That such ((general)) tuition fees ((and operating 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 ((general)) tuition((, operating,)) 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 ((general)) tuition((, operating,)) 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 upon a declaration by the council for postsecondary education that it finds Washington residents from such community college district are afforded substantially equivalent treatment by such other states ((or that, until June 30, 1983, it is in the interest of the residents of such community college district to authorize the exchange of educational opportunities between Washington and other such states on a resident tuition and fee basis)).

          (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 ((general)) tuition ((and operating)) 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. 19.  Section 6, chapter 257, Laws of 1981 as amended by section 18, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.202 are each amended to read as follows:

          ((General)) Tuition fees((, operating fees,)) and 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:  ((PROVIDED, That increases in tuition and fee rates for the 1982 summer session shall reflect the increases set forth below for the 1982-83 academic year:))

          (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 total ((of general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be nine hundred and twenty-one dollars, and for the 1982-83 academic year shall be one thousand and thirty-eight dollars, and thereafter such fees)) shall be one-third 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 ((general tuition)) 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, doctor of dental surgery, and doctor of veterinary medicine, the total ((of general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be one thousand one hundred and one dollars, and for the 1982-83 academic year shall be one thousand five hundred and sixty-three dollars, and thereafter such 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 ((general tuition)) 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, doctor of dental surgery, and doctor of veterinary medicine, the total ((of general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be one thousand seven hundred and ninety-one dollars, and for the 1982-83 academic year shall be two thousand six hundred and seven dollars, and thereafter such fees)) shall be one hundred sixty-seven percent of such fees charged in subsection (2) above:  PROVIDED, That the ((general tuition)) 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, doctor of dental surgery, or doctor of veterinary medicine, the total ((of general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be two thousand nine hundred and ten dollars, and for the 1982-83 academic year shall be three thousand one hundred and seventeen dollars, and thereafter such 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 ((general tuition)) 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, doctor of dental surgery, and doctor of veterinary medicine, the total ((of general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be three thousand four hundred and fifty-two dollars, and for the 1982-83 academic year)) 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 ((general tuition)) 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, doctor of dental surgery, and doctor of veterinary medicine, the total ((of general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be five thousand five hundred and ninety-two dollars, and for the 1982-83 academic year shall be six thousand eight hundred and four dollars, and thereafter such fees)) shall be one hundred sixty-seven percent of such fees charged in subsection (5) above:  PROVIDED, That the ((general tuition)) building fees for each academic year shall be five hundred and fifty-five dollars.

          (7) The boards of regents of each of the state universities shall charge and collect equally from each of the students registering at the particular institution and included in subsections (1) through (6) hereof 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 percentage increase in tuition ((and operating)) fees authorized in subsection (1) above:  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. 20.  Section 28B.15.210, chapter 223, Laws of 1969 ex. sess. and RCW 28B.15.210 are each amended to read as follows:

          Within thirty-five days from the date of collection thereof, all ((general tuition)) building fees at the University of Washington, including ((general tuition)) building fees to be charged students registering in the schools of medicine and dentistry, shall be paid into the state treasury and credited as follows:

          One-half ((of the general tuition fees,)) or such larger portion as may be necessary to prevent a default in the payments required to be made out of the bond retirement fund, and in no event shall such one-half be less than twelve dollars and fifty cents per each resident student per quarter, and thirty-seven dollars and fifty cents per each nonresident student per quarter to the "University of Washington bond retirement fund" and the remainder thereof to the "University of Washington building account."  The sum so credited to the University of Washington building account shall be used exclusively for the purpose of erecting, altering, maintaining, equipping, or furnishing buildings except for any sums transferred as authorized in RCW 28B.20.725(3).  The sum so credited to the University of Washington bond retirement fund shall be used for the payment of principal of and interest on bonds outstanding as provided by chapter 28B.20 RCW except for any sums transferred as authorized in RCW 28B.20.725(5).

 

        Sec. 21.  Section 28B.15.220, chapter 223, Laws of 1969 ex. sess. and RCW 28B.15.220 are each amended to read as follows:

          All fees except ((general tuition)) building fees shall be held by the board of regents as a revolving fund and expended for the purposes for which collected and be accounted for in accordance with law:  PROVIDED, That the board of regents shall have authority to place in a separate fund or funds any or all fees or rentals exacted for the use of facilities of any dormitory, hospital, or infirmary building, and the board of regents shall have authority to pledge any or all such fees for the retirement of any bonds that may be issued for the construction of such dormitory, hospital, or infirmary building.

 

        Sec. 22.  Section 28B.15.310, chapter 223, Laws of 1969 ex. sess. and RCW 28B.15.310 are each amended to read as follows:

          Within thirty-five days from the date of collection thereof, all ((such general tuition)) building fees shall be paid into the state treasury and credited to the Washington State University bond retirement fund, one-half ((of such general tuition fees)) or such larger portion as may be necessary to prevent a default in the payments required to be made out of such bond retirement fund; the remainder thereof to the Washington State University building account.

          The sum so credited to the Washington State University building account shall be expended by the board of regents for buildings, equipment, or maintenance on the campus of Washington State University as may be deemed most advisable and for the best interests of the university, except for any sums transferred as authorized by law.  Expenditures so made shall be accounted for in accordance with existing law and shall not be expended until appropriated by the legislature.

          The sum so credited to the Washington State University bond retirement fund shall be used to pay and secure the payment of the principal of and interest on ((tuition fee)) building bonds issued by the university, except for any sums which may be transferred out of such fund as authorized by law.

 

        Sec. 23.  Section 28B.15.380, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 82, Laws of 1979 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 ((general)) tuition fees((, operating 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 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. 24.  Section 7, chapter 257, Laws of 1981 as amended by section 19, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.402 are each amended to read as follows:

          ((General)) Tuition fees((, operating fees,)) and services and activities fees at the regional universities and The Evergreen State College for other than summer quarters or semesters shall be as follows:  ((PROVIDED, That increases in tuition and fee rates for the 1982 summer session shall reflect the increases set forth below for the 1982-83 academic year:))

          (1) For full time resident undergraduate students and all other full time resident students not in graduate study programs, the total ((of general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be six hundred eighty-two dollars and fifty cents, and for the 1982-83 academic year shall be seven hundred fifty-seven dollars and fifty cents, and thereafter such fees)) shall be one-fourth 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 ((general tuition)) building fees for each academic year shall be seventy-six dollars and fifty cents.

          (2) For full time resident graduate students, the total ((of general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be eight hundred eleven dollars and fifty cents, and for the 1982-83 academic year shall be one thousand one hundred thirty-five dollars and fifty cents, and thereafter such 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 ((general tuition)) building fees for each academic year thereafter 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 total ((of general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be two thousand seven hundred twenty-five dollars and fifty cents, and for the 1982-83 academic year shall be three thousand twenty-five dollars and fifty cents, and thereafter such 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 ((general tuition)) 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 total of ((general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be three thousand two hundred fifty dollars and fifty cents, and for the 1982-83 academic year shall be three thousand six hundred ninety-seven dollars and fifty cents, and thereafter such 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 ((general tuition)) 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 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, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the percentage increase in tuition ((and operating)) fees authorized in subsection (1) above:  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. 25.  Section 8, chapter 257, Laws of 1981 as amended by section 10, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.502 are each amended to read as follows:

          ((General)) Tuition fees((, operating fees)) and services and activities fees at each community college other than at summer quarters shall be as follows:  ((PROVIDED, That increases in tuition and fee rates for the 1982 summer session shall reflect the increases set forth below for the 1982-83 academic year:))

          (1) For full time resident students, the total ((of general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be four hundred six dollars and fifty cents, and for the 1982-83 academic year shall be four hundred fifty-four dollars and fifty cents, and thereafter such fees)) shall be twenty-three 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 ((general tuition)) building fees for each academic year shall be one hundred and twenty-seven dollars and fifty cents.

          (2) For full time nonresident students, the total ((of general)) tuition ((and operating)) fees ((for the 1981-82 academic year shall be one thousand seven hundred sixty-five dollars and fifty cents, and for the 1982-83 academic year shall be one thousand nine hundred seventy-two dollars and fifty cents, and thereafter such 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 ((general tuition)) 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 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 board of trustees may increase the existing fee, consistent with budgeting procedures set forth in RCW 28B.15.045, by a percentage not to exceed the percentage increase in tuition ((and operating)) fees authorized in subsection (1) above:  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) ((General)) Tuition((, operating fees)) and services and activities fees consistent with the above schedule will be fixed by the state board for community colleges for summer school students.

          The board of trustees shall 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.

 

        Sec. 26.  Section 29, chapter 261, Laws of 1969 ex. sess. as last amended by section 8, chapter 37, Laws of 1982 1st ex. sess. and RCW 28B.15.520 are each amended to read as follows:

          Notwithstanding any other provision of this chapter or chapter 28B.50 RCW as now or hereafter amended boards of trustees of the various community colleges shall waive ((general)) tuition fees((, operating 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, and the various community college boards may waive the ((general)) tuition((, operating)) and services and activities 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.

 

        Sec. 27.  Section 2, chapter 50, Laws of 1984 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((, operation,)) 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 college education shall adopt rules to carry out this section.

 

        Sec. 28.  Section 2, chapter 82, Laws of 1979 as amended by section 1, chapter 220, Laws of 1983 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((, operating,)) 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;

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

          (2) The governing boards of the respective colleges and universities may waive tuition((, operating)) 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.

          (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. 29.  Section 2, chapter 157, Laws of 1975 1st ex. sess. 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((, operating)) and services and activities fees for students who qualify under this section and who are enrolled for credit, and

          (2) Waive the tuition((, operating)) 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. 30.  Section 17, chapter 278, Laws of 1984 and RCW 28B.15.543 are each 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((, operating,)) and service and activities fees for two years for recipients of the Washington scholars award under RCW 28A.58.820 through 28A.58.832.  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 council for postsecondary education 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. 31.  Section 6, chapter 267, Laws of 1984 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((, operating,)) and services and activities 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. 32.  Section 28B.15.600, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 256, Laws of 1983 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 ((general)) tuition((, operating,)) and services and activities 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. 33.  Section 1, chapter 262, Laws of 1979 ex. sess. as last amended by section 9, chapter 37, Laws of 1982 1st ex. sess. 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((, operating,)) and services and activities 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((, operating,)) 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.

 

        Sec. 34.  Section 15, chapter 322, Laws of 1977 ex. sess. and RCW 28B.15.800 are each amended to read as follows:

          Notwithstanding any other section of this 1977 amendatory act, the boards of regents and trustees of the respective institutions of higher education shall set aside from ((general)) tuition and fees charged in each schedule an amount heretofore pledged and necessary for the purposes of bond retirement until such time as any such debt has been satisfied.

 

        Sec. 35.  Section 9, chapter 257, Laws of 1981 as last amended by section 1, chapter 64, Laws of 1983 1st ex. sess. and RCW 28B.15.820 are each amended to read as follows:

          (1) Each institution of  higher education shall deposit two and one-half percent of revenues collected from tuition((, operating,)) and services and activities fees in an institutional long-term loan fund which is hereby created and which shall be held locally.  Moneys in such fund shall be used to make guaranteed loans to eligible students except as provided for in subsection (10) of this section.

          (2) An "eligible student" for the purposes of this section is a student registered for at least six credit hours or the equivalent, who is eligible for resident tuition and fee rates as defined in RCW 28B.15.012 through 28B.15.015, and who is a "needy student" as defined in RCW 28B.10.802.

          (3) The amount of the loans made under subsection (1) of this section shall not exceed the demonstrated financial need of the student.  Each institution shall establish loan terms and conditions which shall be consistent with the terms of the guaranteed loan program established by 20 U.S. Code Section 1071 et((.)) seq., as now or hereafter amended.  All loans made shall be guaranteed by the Washington student loan guaranty association or its successor agency.  Institutions are hereby granted full authority to operate as an eligible lender under the guaranteed loan program.

          (4) Before approving a guaranteed loan, each institution shall analyze the ability of the student to repay the loan based on factors which include, but are not limited to, the student's accumulated total education loan burdens and the employment opportunities and average starting salary characteristics of the student's chosen fields of study.  The institution shall counsel the student on the advisability of acquiring additional debt, and on the availability of other forms of financial aid.

          (5) Each institution is responsible for collection of loans made under subsection (1) of this section and shall exercise due diligence in such collection, maintaining all necessary records to insure that maximum repayments are made.  Institutions shall cooperate with other lenders and the Washington student loan guaranty association, or its successor agency, in the coordinated collection of guaranteed loans, and shall assure that the guarantability of the loans is not violated.  Collection and servicing of loans under subsection (1) of this section shall be performed by entities approved for such servicing by the Washington student loan guaranty association or its successor agency:  PROVIDED, That institutions be permitted to perform such servicing if specifically recognized to do so by the Washington student loan guaranty association or its successor agency.  Collection and servicing of loans made by community colleges under subsection (1) of this section shall be coordinated by the state board for community college education and shall be conducted under procedures adopted by such state board.

          (6) Receipts from payment of interest or principal or any other subsidies to which institutions as lenders are entitled, which are paid by or on behalf of borrowers of funds under subsection (1) of this section, shall be deposited in each institution's general local fund and shall be used to cover the costs of making the loans under subsection (1) of this section and maintaining necessary records and making collections under subsection (5) of this section:  PROVIDED, That such costs shall not exceed five percent of aggregate outstanding loan principle.  Institutions shall maintain accurate records of such costs, and all receipts beyond those necessary to pay such costs, shall be used for the support of the institution's operating budget.

          (7) 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, on behalf of the community colleges, shall each adopt necessary rules and regulations to implement this section.

          (8) Lending activities under this section shall be directed toward students who would not normally have access to educational loans from private financial institutions in Washington state, and maximum use shall be made of secondary markets in the support of loan consolidation.

          (9) Short-term interim loans, not to exceed one hundred twenty days, may be made from the institutional long-term loan fund to students eligible for guaranteed student loans and whose receipt of such loans is pending.  Such short-term loans shall not be subject to the guarantee restrictions or the constraints of federal law imposed by subsection (3) of this section.  No such loan shall be made to any student who is known by the institution to be in default or delinquent in the payment of any outstanding student loan.

          (10) Any moneys deposited in the institutional long-term loan fund which are not used in making long or short term loans or transferred to institutional operating budgets may be used by the institution for locally-administered financial aid programs for needy students, such as need-based institutional employment programs or need-based tuition and fee waiver programs.  These funds shall be used in addition to and not to replace institutional funds which would otherwise support these locally-administered financial aid programs.  Priority in the use of these funds shall be given to needy students who have accumulated excessive educational loan burdens.  An excessive educational loan burden is a burden that will be difficult to repay given employment opportunities and average starting salaries in the student's chosen fields of study.

 

        Sec. 36.  Section 28B.20.700, chapter 223, Laws of 1969 ex. sess. and RCW 28B.20.700 are each amended to read as follows:

          The board of regents of the University of Washington is empowered, in accordance with the provisions of this chapter, to provide for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of buildings and facilities authorized by the legislature for the use of the university and to finance the payment thereof by bonds payable out of a special fund from revenues hereafter derived from the payment of ((general tuition)) building fees, gifts, bequests or grants, and such additional funds as the legislature may provide.

 

        Sec. 37.  Section 28B.20.705, chapter 223, Laws of 1969 ex. sess. and RCW 28B.20.705 are each amended to read as follows:

          The following terms, whenever used or referred to in this chapter, shall have the following meaning, excepting in those instances where the context clearly indicates otherwise:

          (1) The word "board" means the board of regents of the University of Washington.

          (2) The words "((general tuition)) building fees" mean the ((general tuition)) building fees charged students registering at the university.

          (3) The words "bond retirement fund" mean the special fund created by chapter 254, Laws of 1957, to be known as the University of Washington bond retirement fund.

          (4) The word "bonds" means the bonds payable out of the bond retirement fund.

          (5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of the university authorized by the legislature at any time and to be financed by the issuance and sale of bonds.

 

        Sec. 38.  Section 28B.20.715, chapter 223, Laws of 1969 ex. sess. as last amended by section 26, chapter 56, Laws of 1970 ex. sess. and RCW 28B.20.715 are each amended to read as follows:

          For the purpose of financing the cost of any projects, the board is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the issuance, sale and delivery of the bonds or any part thereof at such time or times as it shall deem necessary and advisable.  Said bonds:

          (1) Shall not constitute

          (a) An obligation, either general or special, of the state; or

          (b) A general obligation of the University of Washington or of the board;

          (2) Shall be

          (a) Either registered or in coupon form; and

          (b) Issued in denominations of not less than one hundred dollars; and

          (c) Fully negotiable instruments under the laws of this state; and

          (d) Signed on behalf of the university by the president of the board, attested by the secretary of the board, have the seal of the university impressed thereon or a facsimile of such seal printed or lithographed in the bottom border thereof, and the coupons attached thereto shall be signed with the facsimile signatures of such president and secretary;

          (3) Shall state

          (a) The date of issue; and

          (b) The series of the issue and be consecutively numbered within the series; and

          (c) That the bond is payable both principal and interest solely out of the bond retirement fund;

          (4) Each series of bonds shall bear interest, payable either annually or semiannually, as the board may determine;

          (5) Shall be payable both principal and interest out of the bond retirement fund;

          (6) Shall be payable at such times over a period of not to exceed forty years from date of issuance, at such place or places, and with such reserved rights of prior redemption, as the board may prescribe;

          (7) Shall be sold in such manner and at such price as the board may prescribe;

          (8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding such payment, not inconsistent with this chapter, and as found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to:

          (a) A covenant that the ((general tuition)) building fees shall be established, maintained and collected in such amounts that will provide money sufficient to pay the principal of and interest on all bonds payable out of the bond retirement fund, to set aside and maintain the reserves required to secure the payment of such principal and interest, and to maintain any coverage which may be required over such principal and interest;

          (b) A covenant that a reserve account shall be created in the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made that certain amounts be set aside and maintained therein;

          (c) A covenant that sufficient moneys may be transferred from the University of Washington building account to the bond retirement fund when ordered by the board of regents in the event there is ever an insufficient amount of money in the bond retirement fund to pay any installment of interest or principal and interest coming due on the bonds or any of them;

          (d) A covenant fixing conditions under which bonds on a parity with any bonds outstanding may be issued.

          The proceeds of the sale of all bonds, exclusive of accrued interest which shall be deposited in the bond retirement fund, shall be deposited in the state treasury to the credit of the University of Washington building account and shall be used solely for paying the costs of the projects.

 

        Sec. 39.  Section 28B.20.720, chapter 223, Laws of 1969 ex. sess. and RCW 28B.20.720 are each amended to read as follows:

          For the purpose of paying and securing the payment of the principal of and interest on the bonds as the same shall become due, there shall be paid into the state treasury and credited to a special trust fund to be known as the University of Washington bond retirement fund, the following:

          (1) One-half of such ((general tuition)) building fees as the board may from time to time determine, or such larger portion as may be necessary to prevent default in the payments required to be made out of the bond retirement fund, and in no event shall such one-half be less than twelve dollars and fifty cents per each resident student per quarter and less than thirty-seven dollars and fifty cents per each nonresident student per quarter;

          (2) Any gifts, bequests, or grants which may be made, or may become available, for the purpose of furthering the construction of any authorized projects, or for the repayment of the costs thereof;

          (3) Such additional funds as the legislature may provide.

          Said bond retirement fund shall be kept segregated from all moneys in the state treasury and shall, while any of such bonds or any interest thereon remains unpaid, be available solely for the payment thereof except as provided in RCW 28B.20.725(5). As a part of the contract of sale of such bonds, the board undertakes to charge and collect ((general tuition)) building fees and to deposit the portion of such fees in the bond retirement fund in amounts which will be sufficient to pay the principal of, and interest on all such bonds outstanding.

 

        Sec. 40.  Section 28B.20.735, chapter 223, Laws of 1969 ex. sess. and RCW 28B.20.735 are each amended to read as follows:

          The bonds authorized to be issued pursuant to the provisions of RCW 28B.20.700 through 28B.20.740 shall not be general obligations of the state of Washington, but shall be limited obligation bonds payable only from the special fund created for their payment derived from the ((general tuition)) building fees as herein provided.  The legislature may provide additional means for raising money for the payment of interest and principal of said bonds.  RCW 28B.20.700 through 28B.20.740 shall not be deemed to provide an exclusive method for such payment.  The power given to the legislature by this section to provide additional means for raising money is permissive, and shall not in any way be construed as a pledge of the general credit of the state of Washington.

 

        Sec. 41.  Section 28B.30.700, chapter 223, Laws of 1969 ex. sess. and RCW 28B.30.700 are each amended to read as follows:

          The board of regents of Washington State University is empowered, in accordance with the provisions of RCW 28B.30.700 through 28B.30.780, to provide for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of buildings and facilities authorized by the legislature for the use of the university and to finance the payment thereof by bonds payable out of a special fund from revenues hereafter derived from the payment of ((general tuition)) building fees, gifts, bequests or grants, and such additional funds as the legislature may provide.

 

        Sec. 42.  Section 28B.30.710, chapter 223, Laws of 1969 ex. sess. and RCW 28B.30.710 are each amended to read as follows:

          The following terms, whenever used or referred to in RCW 28B.30.700 through 28B.30.780, shall have the following meaning, excepting in those instances where the context clearly indicates otherwise:

          (1) The word "board" means the board of regents of Washington State University.

          (2) The words "((general tuition)) building fees" mean the ((general tuition)) building fees charged students registering at the university, but shall not mean special tuition or other fees charged such students or fees, charges, rentals, and other income derived from any or all revenue- producing lands, buildings, and facilities of the university, 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.

          (3) The words "bond retirement fund" mean the special fund created by RCW 28B.30.700 through 28B.30.780, to be known as the Washington State University bond retirement fund.

          (4) The word "bonds" means the bonds payable out of the bond retirement fund.

          (5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of the university authorized by the legislature at any time and to be financed by the issuance and sale of bonds.

 

        Sec. 43.  Section 28B.30.730, chapter 223, Laws of 1969 ex. sess. as last amended by section 2, chapter 25, Laws of 1972 ex. sess. and RCW 28B.30.730 are each amended to read as follows:

          For the purpose of financing the cost of any projects, the board is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the issuance, sale and delivery of the bonds or any part thereof at such time or times as it shall deem necessary and advisable.  Said bonds:

          (1) Shall not constitute

          (a) An obligation, either general or special, of the state; or

          (b) A general obligation of Washington State University or of the board;

          (2) Shall be

          (a) Either registered or in coupon form; and

          (b) Issued in denominations of not less than one hundred dollars; and

          (c) Fully negotiable instruments under the laws of this state; and

          (d) Signed on behalf of the university by the president of the board, attested by the secretary or the treasurer of the board, have the seal of the university impressed thereon or a facsimile of such seal printed or lithographed in the bottom border thereof, and the coupons attached thereto shall be signed with the facsimile signatures of such president and secretary;

          (3) Shall state

          (a) The date of issue; and

          (b) The series of the issue and be consecutively numbered within the series; and

          (c) That the bond is payable both principal and interest solely out of the bond retirement fund;

          (4) Each series of bonds shall bear interest, payable either annually or semiannually, as the board may determine;

          (5) Shall be payable both principal and interest out of the bond retirement fund;

          (6) Shall be payable at such times over a period of not to exceed forty years from date of issuance, at such place or places, and with such reserved rights of prior redemption, as the board may prescribe;

          (7) Shall be sold in such manner and at such price as the board may prescribe;

          (8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding such payment, not inconsistent with RCW 28B.30.700 through 28B.30.780, and as found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to:

          (a) A covenant that the ((general tuition)) building fees shall be established, maintained and collected in such amounts that will provide money sufficient to pay the principal of and interest on all bonds payable out of the bond retirement fund, to set aside and maintain the reserves required to secure the payment of such principal and interest, and to maintain any coverage which may be required over such principal and interest;

          (b) A covenant that a reserve account shall be created in the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made that certain amounts be set aside and maintained therein;

          (c) A covenant that sufficient moneys may be transferred from the Washington State University building account to the bond retirement fund when ordered by the board of regents in the event there is ever an insufficient amount of money in the bond retirement fund to pay any installment of interest or principal and interest coming due on the bonds or any of them;

          (d) A covenant fixing conditions under which bonds on a parity with any bonds outstanding may be issued.

          The proceeds of the sale of all bonds, exclusive of accrued interest which shall be deposited in the bond retirement fund, shall be deposited in the state treasury to the credit of the Washington State University building account and shall be used solely for paying the costs of the projects.

 

        Sec. 44.  Section 28B.30.740, chapter 223, Laws of 1969 ex. sess. and RCW 28B.30.740 are each amended to read as follows:

          For the purpose of paying and securing the payment of the principal of and interest on the bonds as the same shall become due, there shall be paid into the state treasury and credited to a special trust fund to be known as the Washington State University bond retirement fund, which fund is hereby created in the state treasury, the following:

          (1) One-half of such ((general tuition)) building fees as the board may from time to time determine, or such larger portion as may be necessary to prevent default in the payments required to be made out of the bond retirement fund;

          (2) Any grants which may be made, or may become available, for the purpose of furthering the construction of any authorized projects, or for the repayment of the costs thereof;

          (3) Such additional funds as the legislature may provide.

          Said bond retirement fund shall be kept segregated from all moneys in the state treasury and shall, while any of such bonds or any interest thereon remain unpaid, be available solely for the payment thereof except as provided in subdivision (5) of RCW 28B.30.750.  As a part of the contract of sale of such bonds, the board shall undertake to charge and collect ((general tuition)) building fees and to deposit the portion of such fees in the bond retirement fund in amounts which will be sufficient to pay the principal of, and interest on all such bonds outstanding.

 

        Sec. 45.  Section 10, chapter 344, Laws of 1977 ex. sess. and RCW 28B.31.100 are each amended to read as follows:

          No provision of this chapter shall be deemed to repeal, override, or limit any provision of RCW 28B.15.310 or 28B.30.700 through 28B.30.780, nor any provision or covenant of the proceedings of the board of regents of Washington State University heretofore or hereafter taken in the issuance of its revenue bonds secured by a pledge of its ((general tuition)) building fees and/or other revenues pursuant to such statutes.  The obligation of the board of regents of Washington State University to make the transfers provided for in RCW 28B.31.070 shall be subject and subordinate to the lien and charge of such revenue bonds, and any revenue bonds hereafter issued, on such ((general tuition)) building fees and/or other revenues pledged to secure such bonds, and on the moneys in the Washington State University building account and the Washington State University bond retirement fund.

 

        Sec. 46.  Section 59, chapter 169, Laws of 1977 ex. sess. as amended by section 12, chapter 322, Laws of 1977 ex. sess. 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 ((general)) tuition((, operating fees,)) 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 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. 47.  Section 28B.40.370, chapter 223, Laws of 1969 ex. sess. as amended by section 79, chapter 169, Laws of 1977 ex. sess. and RCW 28B.35.370 are each amended to read as follows:

          Within thirty-five days from the date of collection thereof all ((general tuition)) building fees of each regional university and The Evergreen State College shall be paid into the state treasury and these together with such normal school fund revenues as provided in RCW 28B.35.751 as are received by the state treasury shall be credited as follows:

          (1) On or before June 30th of each year the board of trustees of each regional university and The Evergreen State College, if issuing bonds payable out of its ((general tuition)) building fees and above described normal school fund revenues, shall certify to the state treasurer the amounts required in the ensuing twelve months to pay and secure the payment of the principal of and interest on such bonds.  The amounts so certified by each regional university and The Evergreen State College shall be a prior lien and charge against all ((general tuition)) building fees and above described normal school fund revenues of such institution.  The state treasurer shall thereupon deposit the amounts so certified in the Eastern Washington University bond retirement fund, the Central Washington University bond retirement fund, the Western Washington University bond retirement fund, or The Evergreen State College bond retirement fund respectively, which funds are hereby created in the state treasury, such funds for the regional universities being redesignations for the Eastern Washington State College bond retirement fund, the Central Washington State College bond retirement fund, and the Western Washington State College bond retirement fund, respectively.  The amounts deposited in the respective bond retirement funds shall be used exclusively to pay and secure the payment of the principal of and interest on the ((tuition fee)) building bonds issued by such regional universities and The Evergreen State College as authorized by law.  If in any twelve month period it shall appear that the amount certified by any such board of trustees is insufficient to pay and secure the payment of the principal of and interest on the outstanding ((general tuition fee)) building and above described normal school fund revenue bonds of its institution, the state treasurer shall notify the board of trustees and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal of and interest on all such bonds then outstanding shall be fully met at all times.

          (2) All ((general tuition)) building fees and above described normal school fund revenue not needed for or in excess of the amounts certified to the state treasurer as being required to pay and secure the payment of ((general tuition fee)) building or above described normal school fund revenue bond principal or interest shall be deposited in the Eastern Washington University capital projects account, the Central Washington University capital projects account, the Western Washington University capital projects account, or The Evergreen State College capital projects account respectively, which accounts are hereby created in the general fund of the state treasury(([,])), such funds for the regional universities being redesignations for the Eastern Washington State College capital projects account, the Central Washington State College capital projects account, and the Western Washington State College capital projects account, respectively.  The sums deposited in the respective capital projects accounts shall be appropriated and expended exclusively for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto except for any sums transferred therefrom as authorized by law.

 

        Sec. 48.  Section 28B.40.700, chapter 223, Laws of 1969 ex. sess. as amended by section 82, chapter 169, Laws of 1977 ex. sess. and RCW 28B.35.700 are each amended to read as follows:

          The boards of trustees of the regional universities and of The Evergreen State College are empowered in accordance with the provisions of RCW 28B.35.700 through 28B.35.790, to provide for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of buildings and facilities authorized by the legislature for the use of the aforementioned universities and The Evergreen State College and to finance the payment thereof by bonds payable out of special funds from revenues hereafter derived from the payment of ((general tuition)) building fees, gifts, bequests or grants and such additional funds as the legislature may provide.

 

        Sec. 49.  Section 28B.40.710, chapter 223, Laws of 1969 ex. sess. as amended by section 83, chapter 169, Laws of 1977 ex. sess. and RCW 28B.35.710 are each amended to read as follows:

          The following terms, whenever used or referred to in RCW 28B.35.700 through 28B.35.790, shall have the following meaning, excepting in those instances where the context clearly indicates otherwise:

          (1) The word "boards" means the boards of trustees of the regional universities and The Evergreen State College.

          (2) The words "((general tuition)) building fees" mean the ((general tuition)) building fees charged students registering at each college, but shall not mean the special tuition or other fees charged such students or fees, charges, rentals, and other income derived from any or all revenue-producing lands, buildings, and facilities of the respective colleges, 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.

          (3) The words "bond retirement funds" shall mean the special funds created by law and known as the Eastern Washington University bond retirement fund, Central Washington University bond retirement fund, Western Washington University bond retirement fund, and The Evergreen State College bond retirement fund, all as referred to in RCW 28B.35.370.

          (4) The word "bonds" means the bonds payable out of the bond retirement funds.

          (5) The word "projects" means the construction, completion, reconstruction, remodeling, rehabilitation, or improvement of any building or other facility of any of the aforementioned colleges authorized by the legislature at any time and to be financed by the issuance and sale of bonds.

 

        Sec. 50.  Section 28B.40.720, chapter 223, Laws of 1969 ex. sess. as amended by section 84, chapter 169, Laws of 1977 ex. sess. and RCW 28B.35.720 are each amended to read as follows:

          In addition to the powers conferred under existing law, each of the boards is authorized and shall have the power:

          (1) To contract for the construction, completion, reconstruction, remodeling, rehabilitation and improvement of such buildings or other facilities of the university or college as are authorized by the legislature to be financed by the issuance and sale of bonds.

          (2) To finance the same by the issuance of bonds secured by the pledge of any or all of the ((general tuition)) building fees.

          (3) Without limitation of the foregoing, to accept grants from the United States government, or any federal or state agency or instrumentality, or private corporation, association, or person to aid in defraying the costs of any such projects.

 

        Sec. 51.  Section 28B.40.730, chapter 223, Laws of 1969 ex. sess. as last amended by section 85, chapter 169, Laws of 1977 ex. sess. and RCW 28B.35.730 are each amended to read as follows:

          For the purpose of financing the cost of any projects, each of the boards is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the issuance, sale and delivery of the bonds or any part thereof at such time or times as it shall deem necessary and advisable.  Said bonds:

          (1) Shall not constitute

          (a) An obligation, either general or special, of the state; or

          (b) A general obligation of the university or college or of the board;

          (2) Shall be

          (a) Either registered or in coupon form; and

          (b) Issued in denominations of not less than one hundred dollars; and

          (c) Fully negotiable instruments under the laws of this state; and

          (d) Signed on behalf of the university or college by the chairman of the board, attested by the secretary of the board, have the seal of the university or college impressed thereon or a facsimile of such seal printed or lithographed in the bottom border thereof, and the coupons attached thereto shall be signed with the facsimile signatures of such chairman and the secretary;

          (3) Shall state

          (a) The date of issue; and

          (b) The series of the issue and be consecutively numbered within the series; and

          (c) That the bond is payable both principal and interest solely out of the bond retirement fund;

          (4) Each series of bonds shall bear interest, payable either annually or semiannually, as the board may determine;

          (5) Shall be payable both principal and interest out of the bond retirement fund;

          (6) Shall be payable at such times over a period of not to exceed forty years from date of issuance, at such place or places, and with such reserved rights of prior redemption, as the board may prescribe;

          (7) Shall be sold in such manner and at such price as the board may prescribe;

          (8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding such payment, not inconsistent with RCW 28B.35.700 through 28B.35.790, as now or hereafter amended, and as found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to:

          (a) A covenant that the ((general tuition)) building fees shall be established, maintained and collected in such amounts that will provide money sufficient to pay the principal of and interest on all bonds payable out of the bond retirement fund, to set aside and maintain the reserves required to secure the payment of such principal and interest, and to maintain any coverage which may be required over such principal and interest;

          (b) A covenant that a reserve account shall be created in the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made that certain amounts be set aside and maintained therein;

          (c) A covenant that sufficient moneys may be transferred from the capital projects account of the university or college issuing the bonds to the bond retirement fund of such university or college when ordered by the board of trustees in the event there is ever an insufficient amount of money in the bond retirement fund to pay any installment of interest or principal and interest coming due on the bonds or any of them;

          (d) A covenant fixing conditions under which bonds on a parity with any bonds outstanding may be issued.

          The proceeds of the sale of all bonds, exclusive of accrued interest which shall be deposited in the bond retirement fund, shall be deposited in the state treasury to the credit of the capital projects account of the university or college issuing the bonds and shall be used solely for paying the costs of the projects.

 

        Sec. 52.  Section 28B.40.750, chapter 223, Laws of 1969 ex. sess. as amended by section 86, chapter 169, Laws of 1977 ex. sess. and RCW 28B.35.750 are each amended to read as follows:

          For the purpose of paying and securing the payment of the principal of and interest on the bonds as the same shall become due, there shall be paid into the state treasury and credited to the respective bond retirement fund of each university or college issuing bonds, the following:

          (1) Amounts derived from ((general tuition)) building fees as the board shall certify as necessary to prevent default in the payments required to be paid into such bond retirement fund;

          (2) Any grants which may be made, or may become available, for the purpose of furthering the construction of any authorized projects, or for the repayment of the costs thereof;

          (3) Such additional funds as the legislature may provide.

          Said bond retirement fund shall be kept segregated from all moneys in the state treasury and shall, while any of such bonds or any interest thereon remains unpaid, be available solely for the payment thereof.  As a part of the contract of sale of such bonds, the board shall undertake to charge and collect ((general tuition)) building fees and to deposit the portion of such fees in the bond retirement fund in amounts which will be sufficient to pay and secure the payment of the principal of, and interest on all such bonds outstanding.

 

        Sec. 53.  Section 9, chapter 269, Laws of 1969 ex. sess. as last amended by section 11, chapter 322, Laws of 1977 ex. sess. 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 ((general)) tuition((, operating fees,)) 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 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. 54.  Section 18, chapter 15, Laws of 1970 ex. sess. as amended by section 18, chapter 279, Laws of 1971 ex. sess. and RCW 28B.50.340 are each amended to read as follows:

          In addition to the powers conferred under RCW 28B.50.090, the community college state board is authorized and shall have the power:

          (1) To permit the district boards of trustees to contract for the construction, reconstruction, erection, equipping, maintenance, demolition and major alterations of buildings and other capital assets, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances of the college as approved by the community college state board.

          (2) To finance the same by the issuance of bonds secured by the pledge of up to one hundred percent of the ((general tuition)) building fees.

          (3) Without limitation of the foregoing, to accept grants from the United States government, or any federal or state agency or instrumentality, or private corporation, association, or person to aid in defraying the costs of any such projects.

          (4) To retain bond counsel and professional bond consultants to aid it in issuing bonds pursuant to RCW 28B.50.340 through 28B.50.400.

 

        Sec. 55.  Section 28B.50.350, chapter 223, Laws of 1969 ex. sess. as last amended by section 19, chapter 279, Laws of 1971 ex. sess. and RCW 28B.50.350 are each amended to read as follows:

          For the purpose of financing the cost of any projects, the college board is hereby authorized to adopt the resolution or resolutions and prepare all other documents necessary for the issuance, sale and delivery of the bonds or any part thereof at such time or times as it shall deem necessary and advisable.  Said bonds:

          (1) Shall not constitute

          (a) an obligation, either general or special, of the state; or

          (b) a general obligation of the college or of the college board;

          (2) Shall be

          (a) either registered or in coupon form; and

          (b) issued in denominations of not less than one hundred dollars; and

          (c) fully negotiable instruments under the laws of this state; and

          (d) signed on behalf of the college board with the manual or facsimile signature of the chairman of the board, attested by the secretary of the board, have the seal of the college board impressed thereon or a facsimile of such seal printed or lithographed in the bottom border thereof, and the coupons attached thereto shall be signed with the facsimile signatures of such chairman and the secretary;

          (3) Shall state

          (a) the date of issue; and

          (b) the series of the issue and be consecutively numbered within the series; and

          (c) that the bond is payable both principal and interest solely out of the bond retirement fund created for retirement thereof;

          (4) Each series of bonds shall bear interest, payable either annually or semiannually, as the board may determine;

          (5) Shall be payable both principal and interest out of the bond retirement fund;

          (6) Shall be payable at such times over a period of not to exceed forty years from date of issuance, at such place or places, and with such reserved rights of prior redemption, as the board may prescribe;

          (7) Shall be sold in such manner and at such price as the board may prescribe;

          (8) Shall be issued under and subject to such terms, conditions and covenants providing for the payment of the principal thereof and interest thereon and such other terms, conditions, covenants and protective provisions safeguarding such payment, not inconsistent with RCW 28B.50.330 through 28B.50.400, and as found to be necessary by the board for the most advantageous sale thereof, which may include but not be limited to:

          (a) A covenant that a reserve account shall be created in the bond retirement fund to secure the payment of the principal of and interest on all bonds issued and a provision made that certain amounts be set aside and maintained therein;

          (b) A covenant that sufficient moneys may be transferred from the capital projects account of the college board issuing the bonds to the bond retirement fund of the college board when ordered by the board in the event there is ever an insufficient amount of money in the bond retirement fund to pay any installment of interest or principal and interest coming due on the bonds or any of them;

          (c) A covenant fixing conditions under which bonds on a parity with any bonds outstanding may be issued.

          The proceeds of the sale of all bonds, exclusive of accrued interest which shall be deposited in the bond retirement fund, shall be deposited in the state treasury to the credit of the capital projects account of the college board and shall be used solely for paying the costs of the projects, the costs of bond counsel and professional bond consultants incurred in issuing the bonds, and for the purposes set forth in (8)(b) above;

          (9) Shall constitute a prior lien and charge against ((all general tuition)) the building fees of the community colleges.

 

        Sec. 56.  Section 20, chapter 15, Laws of 1970 ex. sess. as last amended by section 4, chapter 112, Laws of 1974 ex. sess. and RCW 28B.50.360 are each amended to read as follows:

          There is hereby created in the state treasury a community college bond retirement fund.  Within thirty-five days from the date of start of each quarter all ((general tuition)) building fees of each such community college shall be paid into the state treasury, and shall be credited as follows:

          (1) On or before June 30th of each year the college board if issuing bonds payable out of ((general tuition)) building fees shall certify to the state treasurer the amounts required in the ensuing twelve-month period to pay and secure the payment of the principal of and interest on such bonds.  The state treasurer shall thereupon deposit the amounts so certified in the community college bond retirement fund which fund as required, is hereby created in the state treasury.  Such amounts of the funds deposited in the bond retirement fund as are necessary to pay and secure the payment of the principal of and interest on the ((tuition fee)) building bonds issued by the college board as authorized by this chapter shall be exclusively devoted to that purpose.  If in any twelve-month period it shall appear that the amount certified by the college board is insufficient to pay and secure the payment of the principal of and interest on the outstanding ((general tuition fee)) building bonds, the state treasurer shall notify the college board and such board shall adjust its certificate so that all requirements of moneys to pay and secure the payment of the principal and interest on all such bonds then outstanding shall be fully met at all times.

          (2) That portion of the ((general tuition)) building fees not required for or in excess of the amounts necessary to pay and secure the payment of any of the bonds as provided in subsection (1) above shall be deposited in the community college capital projects account which account is hereby created in the general fund of the state treasury.  The sums deposited in the capital projects account shall be appropriated and expended exclusively for the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets owned by the state board for community college education in the name of the state of Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto, and for the payment of principal of and interest on any bonds issued for such purposes.

          (3) Notwithstanding the provisions of subsections (1) and (2) above, at such time as all outstanding ((tuition fee)) building bonds of the college board payable from the community college bond retirement fund have been paid, redeemed, and retired, or at such time as ample provision has been made by the state for full payment, from some source other than the community college bond retirement fund, of the principal of and the interest on and call premium, if applicable, of such bonds as they mature and/or upon their call prior to their maturity, through refunding or otherwise, that portion of all ((general tuition)) building fees of the community colleges equal to the amount required to pay yearly debt service on any general obligation bonds issued by the state in accordance with Article VIII, section 1, Washington state Constitution, for community college purposes, shall be paid into the general fund of the state treasury.  The state finance committee shall determine whether ample provision has been made for payment of such bonds payable from the said bond retirement fund and shall determine the amount required to pay yearly debt service on such general obligation bonds of the state.  Nothing in this subsection shall be construed as obligating the legislature or the state to provide for payment of such community college ((tuition fee)) building bonds from some source other than the community college bond retirement fund or as pledging the general credit of the state to the payment of such bonds.

 

        Sec. 57.  Section 28B.50.370, chapter 223, Laws of 1969 ex. sess. as last amended by section 21, chapter 279, Laws of 1971 ex. sess. and RCW 28B.50.370 are each amended to read as follows:

          For the purpose of paying and securing the payment of the principal of and interest on the bonds as the same shall become due, there shall be paid into the state treasury and credited to the bond retirement fund of the state board for community college education, the following:

          (1) Amounts derived from ((general tuition)) building fees as are necessary to pay the principal of and interest on the bonds and to secure the same;

          (2) Any grants which may be made, or may become available for the purpose of furthering the construction of any authorized projects, or for the repayment of the costs thereof;

          (3) Such additional funds as the legislature may provide.

          Said bond retirement fund shall be kept segregated from all moneys in the state treasury and shall, while any of such bonds or any interest thereon remains unpaid, be available solely for the payment thereof.  As a part of the contract of sale of such bonds, the college board shall charge and collect ((general tuition)) building fees as established by this chapter and deposit such fees in the bond retirement fund in amounts which will be sufficient to pay and secure the payment of the principal of, and interest on all such bonds outstanding.

 

        Sec. 58.  Section 1, chapter 223, Laws of 1977 ex. sess. and RCW 28B.50.401 are each amended to read as follows:

          The state finance committee has heretofore refunded, pursuant to RCW 28B.50.403 through 28B.50.407, all of the outstanding ((general tuition fee)) building bonds of the community college board payable from the community college bond retirement fund.  By reason of such refunding said ((tuition  fee)) bonds are no longer deemed to be outstanding and moneys presently on deposit in said bond retirement fund are no longer needed to pay and secure the payment of such refunded ((tuition fee)) bonds.

 

        Sec. 59.  Section 1, chapter 112, Laws of 1974 ex. sess. and RCW 28B.50.403 are each amended to read as follows:

          The state of Washington is hereby authorized to issue state general obligation bonds for the purpose of refunding any outstanding ((general tuition fee)) building, limited obligation bonds of the college board issued pursuant to this chapter in an amount not exceeding 1.05 times the amount which, taking into account amounts to be earned from the investment of the proceeds of the issue, is required to pay the principal thereof, interest thereon, any premium payable with respect thereto, and the costs incurred in accomplishing such refunding:  PROVIDED, That any proceeds of the refunding bonds in excess of those required to accomplish such refunding, or any obligations acquired with such excess proceeds, shall be applied exclusively for the payment of principal, interest, or call premiums with respect to such refunding obligations.  In no event shall the amount of such refunding bonds authorized in this section exceed seventy-five million dollars.

 

        Sec. 60.  Section 2, chapter 112, Laws of 1974 ex. sess. and RCW 28B.50.404 are each amended to read as follows:

          Subject to the specific provisions of RCW 28B.50.360 and 28B.50.403 through 28B.50.407, such general obligation refunding bonds shall be issued and the refunding of said community college ((tuition fee)) building bonds shall be carried out pursuant to chapters 39.42 and 39.53 RCW as now or hereafter amended.  The bonds shall pledge the full faith and credit of the state of Washington and contain an unconditional promise of the state to pay the principal thereof and interest thereon when due.

 

        Sec. 61.  Section 1, chapter 65, Laws of 1975 1st ex. sess. and RCW 28B.57.010 are each amended to read as follows:

          The legislature has previously approved by its appropriation of funds from time to time, certain capital projects for the state community colleges, which appropriations were to be funded primarily by the issuance of ((general tuition fee)) building, limited obligation bonds by the state board for community college education (hereinafter in this chapter called the "college board").  In order that any future appropriations for such approved capital projects may be funded on terms most advantageous to the state, it is hereby determined to be in the public interest to provide for the issuance of state general obligation bonds, in lieu of ((general tuition fee)) building, limited obligation bonds.

          For purposes of this chapter, "community college capital projects" means the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets owned by the state board for community college education in the name of the state of Washington, and the acquisition of sites, rights of way, easements, improvements or appurtenances in relation thereto.

 

        Sec. 62.  Section 10, chapter 65, Laws of 1975 1st ex. sess. and RCW 28B.57.100 are each amended to read as follows:

          The bonds authorized in this chapter shall be issued only after the college board has certified to the state finance committee that its projected ((general tuition)) building fees revenue shall be adequate, based upon reasonable projections of student enrollments, for the college board to meet the requirements of RCW 28B.57.080, during the life of the bonds proposed to be issued.

 

        Sec. 63.  Section 8, chapter 65, Laws of 1975 1st ex. sess. and RCW 28B.57.080 are each amended to read as follows:

          On or before June 30 of each year, the college board shall accumulate in the community college capital projects account from ((general tuition)) building fees and other moneys deposited therein, an amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and interest on the bonds issued pursuant to this chapter.  On July 1st of each such year, the state treasurer shall withdraw said sum from the community college capital projects account and deposit said sum in the state general fund:  PROVIDED, That withdrawal of ((general tuition)) building fees from the community college capital projects account for deposit into the state general fund pursuant to the provisions of this section shall be made only after provision has first been made for the payment in full of the principal of and interest on all outstanding ((general tuition fee)) building, limited obligation bonds of the college board coming due in the twelve months next succeeding July 1 of each such year, and for any reserve account deposits necessary for such outstanding bonds in the same period.

 

        Sec. 64.  Section 1, chapter 236, Laws of 1975 1st ex. sess. and RCW 28B.58.010 are each amended to read as follows:

          The legislature has approved by its appropriation of funds from time to time, capital projects for the state community colleges, which appropriations have been funded primarily by the issuance of ((general tuition fee)) building, limited obligation bonds by the state board for community college education (hereinafter in this chapter called the "college board").  In order that any future appropriations for such approved capital projects may be funded on terms most advantageous to the state, it is hereby determined to be in the public interest to provide for the issuance of state general obligation bonds, in lieu of ((general tuition fee)) building, limited obligation bonds.

          For purposes of this chapter, "community college capital projects" means the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets owned by the state board for community college education in the name of the state of Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto.  It is the intent of the legislature that in any decision to contract for capital projects funded as the result of this chapter, full and fair consideration shall be given to minority contractors.

 

        Sec. 65.  Section 7, chapter 236, Laws of 1975 1st ex. sess. and RCW 28B.58.070 are each amended to read as follows:

          On or before June 30th of each year, the college board shall accumulate in the community college capital projects account from ((general tuition)) building fees and other moneys deposited therein, an amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and interest on the bonds issued pursuant to this chapter.  On July 1st of each such year, the state treasurer shall withdraw said sum from the community college capital projects account and deposit said sum in the state general fund:  PROVIDED, That withdrawal of ((general tuition)) building fees from the community college capital projects account for deposit into the general fund pursuant to the provisions of this section shall be made only after provision has first been made for the payment in full of the principal of and interest on all outstanding ((general tuition fee)) building, limited obligation bonds of the college board coming due in the twelve months next succeeding July 1st of each such year, and for any reserve account deposits necessary for such outstanding bonds in the same period.

 

        Sec. 66.  Section 9, chapter 236, Laws of 1975 1st ex. sess. and RCW 28B.58.090 are each amended to read as follows:

          The bonds authorized in this chapter shall be issued only after the college board has certified to the state finance committee that its projected ((general tuition)) building fees revenue shall be adequate, based upon reasonable projections of student enrollments, for the college board to meet the requirements of RCW 28B.58.070, during the life of the bonds proposed to be issued.

 

        Sec. 67.  Section 1, chapter 107, Laws of 1975-'76 2nd ex. sess. and RCW 28B.59.010 are each amended to read as follows:

          The legislature has approved by its appropriation of funds from time to time, capital projects for the state community colleges, which appropriations have been funded primarily by the issuance of ((general tuition fee)) building, limited obligation bonds by the state board for community college education (hereinafter in this chapter called the "college board").  In order that any future appropriations for such approved capital projects may be funded on terms most advantageous to the state, it is hereby determined to be in the public interest to provide for the issuance of state general obligation bonds, in lieu of ((general tuition fee)) building, limited obligation bonds.

          For purposes of this chapter, "community college capital projects" means the construction, reconstruction, erection, equipping, maintenance, demolition and major alteration of buildings and other capital assets owned by the state board for community college education in the name of the state of Washington, and the acquisition of sites, rights-of-way, easements, improvements or appurtenances in relation thereto.

 

        Sec. 68.  Section 7, chapter 107, Laws of 1975-'76 2nd ex. sess. and RCW 28B.59.070 are each amended to read as follows:

          On or before June 30th of each year, the college board shall accumulate in the community college capital projects account from ((general tuition)) building fees and other moneys deposited therein, an amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and interest on the bonds issued pursuant to this chapter.  On July 1st of each such year, the state treasurer shall withdraw said sum from the community college capital projects account and deposit said sum in the state general fund:  PROVIDED, That withdrawal of ((general tuition)) building fees from the community college capital projects account for deposit into the general fund pursuant to the provisions of this section shall be made only after provision has first been made for the payment in full of the principal of and interest on all outstanding ((general tuition fee)) building, limited obligation bonds of the college board coming due in the twelve months next succeeding July 1st of each such year, and for any reserve account deposits necessary for such outstanding bonds in the same period.

 

        Sec. 69.  Section 9, chapter 107, Laws of 1975-'76 2nd ex. sess. and RCW 28B.59.090 are each amended to read as follows:

          The bonds authorized in this chapter shall be issued only after the college board has certified to the state finance committee that its projected ((general tuition)) building fees revenue shall be adequate, based upon reasonable projections of student enrollments, for the college board to meet the requirements of RCW 28B.59.070, during the life of the bonds proposed to be issued.

 

        Sec. 70.  Section 7, chapter 346, Laws of 1977 ex. sess. and RCW 28B.59B.070 are each amended to read as follows:

          On or before June 30th of each year, the college board shall accumulate in the community college capital projects account from ((general tuition)) building fees and other moneys deposited therein, an amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and interest on the bonds issued pursuant to this chapter.  Not less than thirty days prior to the date on which any such interest or principal and interest payment is due, the state treasurer shall withdraw said sum from the community college capital projects account and deposit said sum in the state general fund.

 

        Sec. 71.  Section 7, chapter 226, Laws of 1979 ex. sess. and RCW 28B.59C.070 are each amended to read as follows:

          On or before June 30th of each year, the college board shall accumulate in the community college capital projects account from ((general tuition)) building fees and other moneys deposited therein, an amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and interest on the bonds issued under this chapter.  Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw the sum from the community college capital projects account and deposit the sum in the state general fund.

 

        Sec. 72.  Section 6, chapter 237, Laws of 1981 and RCW 28B.59D.060 are each amended to read as follows:

          (1) On or before June 30th of each year, the college board shall accumulate in the community college capital projects account from ((general tuition)) building fees and other moneys deposited therein, to the extent the fees and moneys are available, an amount at least equal to the amount required in the next succeeding twelve months for the payment of principal of and interest on the bonds issued under RCW 28B.59D.010 through 28B.59D.070.  Not less than thirty days prior to the date on which any interest or principal and interest payment is due, the state treasurer shall withdraw this amount, to the extent available, from the community college capital projects account and deposit it in the state general fund.

          (2) The state treasurer shall make withdrawals from the community college capital projects account for deposit in the general fund of amounts equal to debt service payments on state general obligation bonds issued for community college purposes pursuant to Title 28B RCW only to the extent that funds are or become actually available in the account from time to time.  Any unpaid debt service payments shall be a continuing obligation against the community college capital projects account until paid.  Beginning with the 1979-1981 biennium, the state board for community college education need not accumulate any specific amount in the community college capital projects account for purposes of these withdrawals by the state treasurer.