BILL REQ. #:  S-1261.1 

READ FIRST TIME 02/02/05.   

     AN ACT Relating to veterans of the Afghanistan conflict and the Persian Gulf War II; amending RCW 28B.15.628; and reenacting and amending RCW 41.04.005.

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

Sec. 1   RCW 41.04.005 and 2002 c 292 s 1 and 2002 c 27 s 1 are each reenacted and amended to read as follows:
     (1) As used in RCW 41.04.005, 41.16.220, 41.20.050, 41.40.170, and 28B.15.380 "veteran" includes every person, who at the time he or she seeks the benefits of RCW 41.04.005, 41.16.220, 41.20.050, 41.40.170, or 28B.15.380 has received an honorable discharge or received a discharge for physical reasons with an honorable record and who meets at least one of the following criteria:
     (a) The person has served between World War I and World War II or during any period of war, as defined in subsection (2) of this section, as either:
     (i) A member in any branch of the armed forces of the United States;
     (ii) A member of the women's air forces service pilots;
     (iii) A U.S. documented merchant mariner with service aboard an oceangoing vessel operated by the war shipping administration, the office of defense transportation, or their agents, from December 7, 1941, through December 31, 1946; or
     (iv) A civil service crewmember with service aboard a U.S. army transport service or U.S. naval transportation service vessel in oceangoing service from December 7, 1941, through December 31, 1946; or
     (b) The person has received the armed forces expeditionary medal, or marine corps and navy expeditionary medal, for opposed action on foreign soil, for service:
     (i) In any branch of the armed forces of the United States; or
     (ii) As a member of the women's air forces service pilots.
     (2) A "period of war" includes:
     (a) World War I;
     (b) World War II;
     (c) The Korean conflict;
     (d) The Vietnam era(([, which])), which means:
     (i) The period beginning on February 28, 1961, and ending on May 7, 1975, in the case of a veteran who served in the Republic of Vietnam during that period;
     (ii) The period beginning August 5, 1964, and ending on May 7, 1975;
     (e) The Persian Gulf War, which was the period beginning August 2, 1990, and ending on the date prescribed by presidential proclamation or law;
     (f) Service in the Persian Gulf combat zone as a part of Operation Iraqi Freedom;
     (g) Service in southern or central Asia as a part of Operation Enduring Freedom;
     (h) The period beginning on the date of any future declaration of war by the congress and ending on the date prescribed by presidential proclamation or concurrent resolution of the congress; and
     (((g))) (i) The following armed conflicts, if the participant was awarded the respective campaign badge or medal: The crisis in Lebanon; the invasion of Grenada; Panama, Operation Just Cause; Somalia, Operation Restore Hope; Haiti, Operation Uphold Democracy; and Bosnia, Operation Joint Endeavor.

Sec. 2   RCW 28B.15.628 and 1999 c 82 s 2 are each amended to read as follows:
     (1) The legislature finds that military and naval veterans who have served their country in wars on foreign soil have risked their own lives to defend both the lives of all Americans and the freedoms that define and distinguish our nation. It is the intent of the legislature to honor Persian Gulf combat zone veterans of both the first and second Persian Gulf wars and veterans of the Afghanistan conflict for the public service they have provided to their country. It is the further intent of the legislature that, for eligible Persian Gulf combat zone veterans and veterans of the Afghanistan conflict, institutions of higher education waive tuition and fee increases ((that have occurred after the 1990-91 academic year)) as provided in this section.
     (2) Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may exempt veterans of the first Persian Gulf combat zone from all or a portion of increases in tuition and fees that occur after the 1990-91 academic year, if the veteran could have qualified as a Washington resident student under RCW 28B.15.012(2), had he or she been enrolled as a student ((on August 1, 1990)) at the time the military service was rendered.
     (3) ((For the purposes of this section, "a)) Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may exempt veterans of the second Persian Gulf combat zone from all or a portion of increases in tuition and fees that occur after the 2002-03 academic year, if the veteran could have qualified as a Washington resident student under RCW 28B.15.012(2), had he or she been enrolled as a student at the time the military service was rendered.
     (4) Subject to the limitations of RCW 28B.15.910, the governing boards of the state universities, the regional universities, The Evergreen State College, and the community colleges may exempt veterans of the Afghanistan conflict from all or a portion of increases in tuition and fees that occur after the 2001-02 academic year, if the veteran could have qualified as a Washington resident student under RCW 28B.15.012(2), had he or she been enrolled as a student at the time the military service was rendered.
     (5) The definitions in this subsection apply throughout this section.
     (a) "Veteran of the first Persian Gulf combat zone" means a person who served on active duty in the armed forces of the United States during any portion of the 1991 calendar year in the Persian Gulf combat zone as designated by executive order of the president of the United States.
     (b) "Veteran of the second Persian Gulf combat zone" means a person who served on active duty in the armed forces of the United States during or after the 2002-03 academic year in Operation Iraqi Freedom as designated by executive order of the president of the United States.
     (c) "Veteran of the Afghanistan conflict" means a person who served on active duty in the armed forces of the United States during or after any portion of the 2001 calendar year in southern or central Asia as part of Operation Enduring Freedom as designated by executive order of the president of the United States.