CHAPTER 155


99-S 0663A
Enacted 6/28/99


A N     A C T

RELATING TO THE NATIONAL GUARD

Introduced By: Senators Coderre, Bates, DaPonte, Goodwin and Damiani

Date Introduced : February 9, 1999

It is enacted by the General Assembly as follows:

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 {ADD enlisted ADD} member in good standing of the Rhode Island National Guard, {ADD who is in their first or second term of enlistment, ADD} 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 be eligible for a tuition assistance educational benefit amounting up to one hundred percent (100%) of each semester's basic tuition or general fee charges for credit courses {DEL , under such provisions as the adjutant general and the commissioner of higher education may jointly determine. DEL} {ADD 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 (1) education officer; one (1) former education officer; one (1) policy advisor and one (1) representative from each major command, both army and air. ADD} Assistance for tuition and general fee shall be available only to the extent that funds are available {DEL in the restricted receipt account funded pursuant to section 31-3-62. Admission in particular courses will be granted upon a space available basis, and shall be at the discretion of the particular institutions to which application is made aforesaid. DEL} {ADD in an account to be established for funding an educational benefits program for Rhode Island National Guard members, the account to be administered by the office of the adjutant general. The total amount of funds in the account shall not exceed one hundred thousand dollars ($100,000) in any fiscal year. ADD}

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

{ADD (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. ADD}

In order to be eligible for {DEL subsequent DEL} tuition waivers a person must remain a member in good standing in the Rhode Island National Guard and a student in good standing at {DEL a DEL} {ADD any ADD} state college or university {DEL since the award of the initial tuition waiver DEL}. {ADD A member in good standing is defined as any soldier or airman 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. ADD}

{DEL Entitlement to tuition assistance is predicated upon satisfactory attendance at unit training assemblies and annual training periods. Further, tuition assistance will only be granted pursuant to a written contractual commitment by the member providing for a one (1) year period of obligated service in the Rhode Island National Guard for each four (4) courses for which the soldier is granted tuition assistance. DEL} {ADD Those guard members wishing to participate in this program must enter into a contractual enlistment commitment which provides for one (1) 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 airmens' tuition will be waived. ADD} Such assistance shall be available for courses creditable to associate, bachelor's or master's degrees. Failure to satisfactorily fulfill the service obligation incurred {DEL due to DEL} {ADD in return for ADD} tuition assistance {DEL shall DEL} {ADD will ADD} require {DEL repayment of a DEL} {ADD the participant to repay a ADD} 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. {ADD 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. ADD}

{DEL The restricted receipt account shall be used by the adjutant general for the cost of each semester's basis tuition or general fee for each member of the national guard enrolled under this section. DEL}

{DEL For the purpose of the section, an active member of the Rhode Island army and air National Guard shall be defined as any person certified by the adjutant general as currently serving under honorable conditions in either the Rhode Island army or air National Guard. DEL}

SECTION 2. This act shall take effect upon passage.



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