S-0324

AN ACT Relating to Vietnam veterans; adding a new section to chapter 73.04 RCW; prescribing penalties; and making an appropriation.

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

NEW SECTION. Sec. 1. A new section is added to chapter 73.04 RCW to read as follows:

(1) There shall be paid to each person who has received the Vietnam service medal or armed forces expeditionary medal (Vietnam) or who has been on active federal service as a member of the armed military or naval forces of the United States between August 5, 1964, and March 28, 1973, and who has been honorably separated or discharged from such service, and who for a period of one year immediately prior to the date of entry into such service was a bona fide citizen or resident of the state of Washington, for such service between said dates the sum of two hundred fifty dollars for service in the Vietnam combat zone. However, persons otherwise eligible who have been continuously in the armed services for a period of five years or more immediately prior to August 5, 1964, are not eligible to receive compensation under the terms of this section, except that prisoners of war, dependents of persons missing in action, and survivors of those persons who have been continuously in the armed services for a period of five years or more immediately prior to August 5, 1964, are eligible to receive compensation under this section. Persons otherwise eligible who were on active duty for training only, excepting persons who received the Vietnam service medal or armed forces expeditionary medal (Vietnam), are not eligible to receive compensation under this section. Persons who have already received extra compensation or other benefits based upon claimed residence at the time of entry into such active service from any other state or territory is not entitled to compensation under this chapter. No person is eligible to receive compensation under this section having prior thereto applied for and received compensation under prior law.

(2) In lieu of awaiting receipt of the amount as provided in subsection (1) of this section, any qualified person may elect to receive credit for tuition, incidental fees, or other fees in such amount at any state institution of higher education, including community colleges and vocational-technical institutions, or at private institutions of higher education within the state, such credit to be immediately available upon the processing of the person's claim under this section. Institutions of higher education entering into the program under this section shall be reimbursed at such time as the bonus payment would otherwise be made.

(3) In case of the death of any such person prior to the termination date referred to in subsection (1) of this section, or at such time as the person would have been eligible for benefits under this section, an equal amount shall be paid to his or her surviving widow if not remarried at the time compensation is requested, or in case he or she left no widow or in case the widow remarried and he or she has left children, then to the surviving children, or in the event he or she left no widow eligible for payment under this section, or children surviving on such date, then to the surviving parent or parents. If he or she left no widow eligible for payment, or children surviving on such date, or parent or parents surviving on such date, then payment shall be made to the surviving grandparent or grandparents. However, no parent who has been deprived of custody of the child by a decree of a court of competent jurisdiction shall be entitled to any compensation under this section. Where a preceding beneficiary fails to file a proper claim for compensation before the final date set by this section, succeeding beneficiaries who have filed proper claims before such final date may proceed to qualify upon submission of satisfactory proof of eligibility. Widows, children, or parents of persons missing in action or prisoners of war may file claims for compensation as authorized by this section and in the same order as claims for deceased veterans. Any compensation paid to a beneficiary pursuant to this subsection shall be complete settlement and satisfaction of any claim thereafter made on behalf of the person or by the person himself.

(4) No charge shall be made by any agent, notary public, or attorney for any service in connection with obtaining a certificate to obtain the allowance provided for by this section, and no person shall, for a consideration, discount or attempt to discount, or for a consideration, advance money upon any certificate or certificates issued pursuant to this chapter. No claim for payment under this chapter shall be subject to garnishment, attachment, levy, or execution. Any violation of this subsection is a gross misdemeanor.

(5) No certificate or claim for compensation under this section shall be accepted after ........... No warrant may be drawn for the payment of any compensation authorized by this section unless a formal application has been filed as set forth in this section.

NEW SECTION. Sec. 2. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1993, from the general fund to the department of veterans affairs for the purposes of this act.