SENATE BILL REPORT
SB 5874
As of January 24, 2022
Title: An act relating to students affiliated with the military.
Brief Description: Concerning residency of students affiliated with the military.
Sponsors: Senators Nobles, Randall, Conway, Keiser, Lovelett, Lovick, Nguyen, Stanford, Van De Wege and Wilson, C..
Brief History:
Committee Activity: Higher Education & Workforce Development: 1/25/22.
Brief Summary of Bill
  • Expands residency for all active duty, veteran, and dependent students who are eligible for educational benefits under Title 38 U.S.C. or Title 10 U.S.C. Chapter 1606.
  • Modifies residency for dependents to include spouses, state-registered domestic partners, and dependents of military members including National Guard and reservists.
  • Adds a definition for child.
SENATE COMMITTEE ON HIGHER EDUCATION & WORKFORCE DEVELOPMENT
Staff: Alicia Kinne-Clawson (786-7407)
Background:

Active duty service members, veterans, and spouses and dependents can establish residency for tuition benefits in a variety of ways.

 

Active Duty.  Residency for active duty service members includes those who:

  • are stationed in Washington;
  • live in Washington and are stationed in an Oregon county that borders Washington;
  • stationed out-of-state, but entered service as a Washington resident and maintained their Washington domicile;
  • Washington National Guard members; or
  • military members on terminal leave from the uniformed services who are eligible for Veterans Affairs (VA) educational assistance benefits, had any period of honorable service, and had at least 90 days of active duty service.

 

Veterans.  Residency for veterans includes those who:

  • live in Washington and are actively using the GI bill or other qualifying educational benefit to pay for at least one course;
  • are eligible for VA education assistance benefits and enter school within three years of separation from the military;
  • are entitled to Chapter 31 Vocational Rehabilitation and Employment benefits; or
  • were discharged from the uniformed services due to sexual orientation or gender identity/expression.

 

Dependents.  Residency for military dependents—spouses, former spouses, and children—includes:

  • dependents of active duty members stationed in Washington or dependents of Washington National Guard members;
  • dependents of active duty members stationed out-of-state who entered service as a Washington resident and maintained their Washington domicile;
  • those who are entitled to transfer post-9/11 GI bill benefits based on their relationship to someone on active duty;
  • veteran dependents who live in Washington and are using post-9/11 GI bill benefits;
  • dependents who are entitled to VA educational assistance benefits based on their relationship to a veteran;
  • dependents who are entitled to VA educational assistance benefits based on their relationship to a deceased member of the uniformed services who died in the line of duty;
  • dependents of a veteran who separated from the uniformed services with at least ten years of honorable service; or
  • people who live in Washington and are dependents of active duty members who live in Washington and are stationed in an Oregon county that borders Washington.

 

U.S. Code, Title 10, Chapter 1606.  This educational benefit is for current members of the Army Reserve, Navy Reserve, Air Force Reserve, Marine Corps Reserve, Coast Guard Reserve, Army National Guard and Air National Guard who signed a six-year obligation to serve after June 30, 1985, or, if an officer, six years in addition to the original obligation. 

Summary of Bill:

Residency for active duty service members, including National Guard and reservists is modified in the following ways:

  • active duty service members, including National Guard and reservists no longer have to be stationed in Washington to be considered a resident student; and
  • active duty, reservist, or National Guard members who are eligible from educational benefits under Title 38 U.S.C. or Title 10 U.S.C. Chapter 1606 are considered resident students.

 

Residency for veteran students is modified in the following ways:

  • veterans who are eligible for educational or rehabilitation benefits under Title 38 U.S.C. or Title 10 U.S.C. Chapter 1606 are considered resident students; and
  • veterans who separated or retired from the uniformed services with at least ten years of honorable service and enter an institution within three years of the service member's separation or retirement.

 

Residency for dependent students is modified in the following ways:

  • expands qualified individuals to include spouses, state-registered domestic partners, and dependents of military members including National Guard and reservists; 
  • any dependent eligible for benefits under Title 38 U.S.C. or Title 10 U.S.C. Chapter 1606 are considered resident students; and
  • defines child to include a legitimate child, adopted child, stepchild, foster child, or legal dependent.
Appropriation: None.
Fiscal Note: Requested on January 21, 2022.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.