SECTION 1. Section 30-3-40.3 of the General Laws in Chapter 30-3 entitled "National Guard" is hereby amended to read as follows:

30-3-40.3. Educational benefits for National Guard members. -- Any person who is an active enlisted member in good standing of the Rhode Island National Guard, who is in their first or second term of enlistment, who is a Rhode Island resident, and who is enrolled in or otherwise eligible to attend, at any state college or university in Rhode Island may will be eligible for a tuition assistance educational benefit amounting to three (3) courses per semester at any Rhode Island state college or university. Basic tuition or general fee charges to be waived for said three (3) courses. up to one hundred percent (100%) of each semester's basic tuition or general fee charges for credit courses taken, which are intended to lead to a degree. The percentage of tuition assistance shall be determined through the establishment of an educational screening committee administered by the Rhode Island National Guard. The committee will consist of one education officer; one former education officer; one policy advisor and one representative from each major command, both army and air. Assistance for tuition and general fee shall be available only to the extent that funds are available in an account to be established for funding an educational benefits program Each of the state colleges or universities shall receive an equal share of the educational account funding for Rhode Island National Guard members, the account to be administered by the office of the adjutant general. The exact amount for each institution shall be determined by the board of governors. The total amount of funds in the account shall not exceed one hundred thousand dollars ($100,000) in any fiscal year.

Rhode Island National Guard members may be eligible for one or more of the following:

(1) A tuition assistance educational benefit consisting of a payment of tuition for all classes required to be taken to earn an associate, baccalaureate, or masters degree at any state college or university;

(2) A waiver of tuition for all classes conducted at Rhode Island National Guard facilities by any state college or state university professor or faculty;

(3) A waiver of tuition for all classes conducted while using distance learning technology, when conducted at Rhode Island National Guard armories or classrooms or operated by any state college or state university when facilitated by state college or state university professor or faculty.

When using Rhode Island National Guard facilities, faculty fees shall be paid utilizing the educational benefits account.

In order to be eligible for tuition waivers a person must remain a member in good standing in the Rhode Island National Guard and a student in good standing at any state college or university. A member in good standing is defined as any soldier or airperson of the Rhode Island National Guard who is currently satisfactorily participating in all unit training assemblies and annual training periods, as so certified by the adjutant general.

Those guard members wishing to participate in this program must enter into a contractual enlistment commitment which provides for one year of obligated service in the Rhode Island National Guard for each twelve (12) course credits or four (4) three (3) credit courses where the soldiers' or airpersons' tuition will be waived. Such assistance shall be available for courses creditable to associate, bachelor's, or master's degrees. Failure to satisfactorily fulfill the service obligation incurred in return for tuition assistance will require the participant to repay a pro-rata share of said assistance. This obligation shall be considered to be a debt owed to the state and may be satisfied by offset against any state transfer payments or state income tax refunds. The participating member shall reimburse the Rhode Island National Guard when any of the following occur: the soldier fails to participate satisfactorily as a member of the Rhode Island National Guard; the soldier withdraws from or fails to complete a course for personal reasons; the soldier fails to make up an incomplete grade within time limits stipulated by the institution or one hundred twenty (120) days after the completion of the class, whichever occurs first, or the soldier fails to provide the adjutant general a copy of the grade report within thirty (30) days of course completion and may be subject to punishment under the Rhode Island military code.

SECTION 2. This act shall take effect upon passage.