ORIGINAL HOUSE

BILL NO. 0088

ENROLLED ACT NO. 53, HOUSE OF REPRESENTATIVES

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to the Wyoming national guard; establishing
an educational assistance plan for national guard members;
specifying plan criteria, requirements and administration;
granting rulemaking authority; and providing for an
effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.  W.S. 19-9-501 through 19-9-504 are created
to read:

ARTICLE 5

EDUCATIONAL ASSISTANCE

19-9-501. Educational assistance for national guard
members; administration of plan.

The Wyoming national guard educational assistance plan is
established to provide assistance for qualified members of
the Wyoming national guard who enroll in institutions of
higher education in this state. The plan shall be
administered by the adjutant general in accordance with the
provisions of this article. The adjutant general shall
promulgate rules for the administration, implementation and
proper utilization of the plan.

19-9-502. Definitions.

(a) As used in this article:

(i) "Authorized courses" means:

(A) Credit courses which meet undergraduate
or graduate degree requirements; and

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(B) Credit courses which meet requirements
for completion of vocational or technical training for a
declared educational objective meeting requirements of
rules promulgated pursuant to this article.

(ii) "Federal tuition assistance" means any
payment made to or on behalf of a member by the federal
government for educational assistance, excluding benefits
paid pursuant to the Montgomery GI Bill;

(iii) "Member" means an active, in good
standing, member of the Wyoming national guard;

(iv) "Montgomery GI Bill" means the federal
Montgomery GI Bill Act of 1984, Public Law 98 – 525 and
subsequent amendments thereto;

(v) "Plan" means the educational assistance plan
established under this article;

(vi) "Wyoming institution of higher education"
or "institution" means a public or private educational
institution located within this state and approved for
payment of Montgomery GI Bill benefits;

(vii) "Wyoming public institutions of higher
education" means the University of Wyoming and Wyoming
community colleges.

19-9-503. Requirements for educational assistance;
assistance payments.

(a) Subject to legislative appropriation and in
accordance with the provisions of this article, the
adjutant general or his designee, may authorize the payment
of higher education tuition and mandatory fees for active

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members of the Wyoming national guard. To be eligible to
participate in the plan members shall:

(i) Have completed basic military training or
officer training;

(ii) Meet the standards for satisfactory
participation in the active Wyoming national guard at the
beginning of and throughout the entire academic term for
which assistance is received;

(iii) Be committed through an enlistment
contract or other written agreement to membership in the
active Wyoming national guard for not less than six (6)
years;

(iv) Agree in writing to serve in the active
Wyoming national guard for two (2) years after the last day
of the last academic term for which assistance is received
under the plan. This two (2) year period of service may be
within the six (6) year commitment period required by
paragraph (iii) of this subsection;

(v) Have declared an academic major or
educational objective; and

(vi) Meet the academic standards specified in
this paragraph and otherwise be in good standing as
determined by the institution of higher education pursuant
to a published policy. Any member receiving educational
assistance under the plan who fails to earn a cumulative
grade point average at least equivalent to 2.0 on a 4.0
scale shall be ineligible for educational assistance under
the plan until the member attains that cumulative grade
point average.

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(b) Members meeting the requirements of subsection
(a) of this section may receive educational assistance
benefit payments as follows:

(i) For authorized courses at a Wyoming public
institution of higher education, payment may be made for up
to the full cost of tuition and mandatory fees;

(ii) For authorized courses at a Wyoming private
institution of higher education, payment may be made for
the lesser of the actual costs of tuition and mandatory
fees or an amount equal to the average resident tuition and
mandatory fee charges of all Wyoming public institutions of
higher education for an undergraduate student enrolled for
twelve (12) semester hours;

(iii) Eligible members who are not Wyoming
residents may receive benefits as provided in paragraphs
(i) and (ii) of this subsection, but the benefit payment
shall not exceed the amount of tuition and mandatory fees
which would have been charged if the member were a Wyoming
resident;

(iv) Payment shall be made directly to the
institution after the institution officially certifies that
the member has registered;

(v) Payments under the plan together with any
federal tuition assistance received by the member shall not
exceed one hundred percent (100%) of the tuition and
mandatory fees charged.

19-9-504. Restrictions; repayment of benefits.

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(a) Plan participation and benefit payments shall be
subject to the following additional restrictions and
qualifications:

(i) The plan may be used to complete only one
(1) degree, certificate or other educational objective;

(ii) Participation shall be limited to the
earlier of:

(A) A period of ten (10) years from the
date of the participant's initial enrollment in the plan;
or

(B) The participant's completion of his one
(1) degree, certificate or other educational objective.

(iii) Any member receiving educational
assistance under the plan who fails to maintain
satisfactory participation in the active Wyoming national
guard shall repay all educational assistance granted under
the plan for that current academic term. The member shall
be ineligible for educational assistance under the plan
until the adjutant general has determined that the member
meets the minimum requirements for satisfactory membership
in the Wyoming national guard;

(iv) Any member who has received assistance
under the plan and who fails to complete the initial six
(6) year commitment required by W.S. 19-9-503(a)(iii) and
maintain satisfactory participation in the active Wyoming
national guard for the two (2) year period required by W.S.
19-9-503(a)(iv), shall repay all educational assistance
received under the plan.

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(b) The adjutant general may promulgate rules waiving
repayment otherwise required under subsection (a) of this
section for death, incapacity or other good cause shown.
The adjutant general shall immediately transmit all
repayments of benefits under the plan to the state
treasurer for deposit in the state general fund.

Section 2. W.S. 19-7-103(b) by creating a new
paragraph (xx) is amended to read:

19-7-103. Adjutant general; appointment; rank;
removal; duties and qualifications.

(b) The adjutant general of Wyoming shall have powers
and duties and be paid a salary as follows:

(xx) He shall administer the Wyoming national
guard educational assistance plan in accordance with W.S.
19-9-501 through 19-9-504.

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Section 3.  This act is effective July 1, 2001.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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