BP BHEAD INT S [atlas:bill]

AN ACT Relating to education grants for members of the Washington national guard; and adding a new section to chapter 38.40 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 38.40 RCW to read as follows:

(1) An enlisted member or an officer of the rank of captain or below of the Washington national guard is eligible, upon application in accordance with rules adopted by the adjutant general, for educational grants to attend an institution of higher education, as defined in RCW 28B.10.016, or a private college or university located in the state, that is accredited by the northwest association of schools and colleges. In consideration of the grant, the member shall agree to an additional service obligation in the Washington national guard of two years for each year that a tuition grant is received, including any time served while receiving the tuition grant. Time served prior to receipt of the tuition grant does not count toward the additional service obligation. At no time may one person be placed in priority over another because of sex, race, or religion.

(2) The adjutant general shall adopt rules for the administration of educational grants for eligible members. If the adjutant general estimates that appropriations for all educational grants applied for under this section and likely to be used during the biennium are inadequate, the adjutant general shall promptly inform applicants for the next quarter, semester, or term when appropriations will be adequate for the grants. Applicants may be eligible for grants beginning the quarter, semester, or term they enroll in an eligible institution.

(3) Education grants shall be paid to the institution of higher education or private college or university on behalf of the eligible member as follows:

(a) The amount of the grant for a member attending an institution of higher education, as defined in RCW 28B.10.016, is equal to the amount of the eligible institution of higher education and shall be paid on behalf of the student the amount of the tuition charges each quarter, semester, or term that the student is enrolled and is a current member in good standing of the Washington national guard.

(b) The amount of the grant for a member attending a private college or university located in the state is equal to the amount of tuition charges per quarter or semester paid on behalf of a student at a state university, as defined in RCW 28B.10.016, that is enrolled and is a current member in good standing of the Washington national guard.

(c) A person is not eligible for grants under this section for more than twelve quarters, eight semesters, or the full-time equivalent of these amounts obtained through a combination of quarters, semesters, and terms, if enrolled in a program leading to a baccalaureate, associate of arts, or technical degree or certificate, or for more than six quarters, four semesters, or the equivalent full-time equivalents of these amounts obtained through a combination of quarters, semesters, and terms, if enrolled in a program leading to a graduate or professional degree.

(d) A person is not eligible for grants under this section if enrolled in a program leading to a program leading to a graduate or professional degree if the member received any grants while enrolled in a program leading to a baccalaureate, associate of arts, or technical degree or certificate.

(4) Except as otherwise provided in this section, a member of the Washington national guard who fails to complete his or her additional service obligation required under subsection (1) of this section shall be liable to the state to repay all educational grants paid on his or her behalf under this section, plus interest at the rate of ten percent per annum calculated from the dates the grants were paid. The adjutant general may recover in a civil action the amount of the grants, interest, and expenses incurred in prosecuting the action, including court costs and reasonable attorneys' fees. The attorney general shall represent the adjutant general in the action and court costs and reasonable attorneys' fees awarded by the court, based upon the time spent preparing and presenting the case, shall be paid to the general fund. A member of the national guard is not liable under this subsection if his or her failure to complete the additional service obligation arises from: (a) Military requirements or limitations imposed upon the member; (b) the member's death; (c) the member's discharge from the national guard due to his or her disability; or (d) the member's service in the active or reserve forces of the United States armed forces for a term not less than his or her additional service in the national guard.