BILL REQ. #:  H-3082.1 

Read first time 04/27/2003.   Referred to Committee on Appropriations.

     AN ACT Relating to militia death benefits; amending RCW 28B.15.380; adding a new section to chapter 38.40 RCW; and declaring an emergency.

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

Sec. 1   RCW 28B.15.380 and 1993 sp.s. c 18 s 10 are each amended to read as follows:
     Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, and The Evergreen State College may exempt the following students from the payment of all or a portion of tuition fees and services and activities 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, the board may exempt the student from paying up to fifty percent of the nonresident tuition fees differential. Such exemptions may be provided only to those persons otherwise covered who were enrolled in universities on or before October 1, 1977.
     (2) Children of any law enforcement officer ((or)), fire fighter, or member of the organized militia of Washington who lost his or her 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, or while in active state service, inactive duty, or the service of the United States as defined in RCW 38.04.010: PROVIDED, That such persons may receive the exemption only if they begin their course of study at a state-supported college or university within ten years of their graduation from high school.
     (3) The spouse of any member of the organized militia of Washington who lost his or her life or became totally disabled in the line of duty while in active state service, inactive duty, or the service of the United States as defined in RCW 38.04.010: PROVIDED, That such person may not receive the exemption more than seven years after the date of the member's death or total disability.

NEW SECTION.  Sec. 2   A new section is added to chapter 38.40 RCW to read as follows:
     If any member of the organized militia dies from disease contracted or injury received, or is killed while in active state service, inactive duty, or the service of the United States, a one hundred fifty thousand dollar death benefit shall be paid to the member's estate, or to such person, persons, trust, or organization as the member has nominated by written designation duly executed and filed with the adjutant general. If no such designated person or persons are still living at the time of the member's death, the member's death benefit shall be paid to the member's surviving spouse as if in fact the spouse had been nominated by written designation, or if there is no surviving spouse, then to the member's legal representatives. The determination of eligibility for the benefit shall be made consistent with RCW 38.40.030.

NEW SECTION.  Sec. 3   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.