Chapter 181

SENATE BILL No. 215
(Amended by Chapter 272)

An Act concerning reserve officers' training corps programs; relating to certain educational benefits provided for by the state; affecting definitions; increasing the number of stu- dents eligible to qualify; reviving and amending K.S.A. 74-3255, 74-3256, 74-3257, 74- 3259 and 74-3260 and repealing the revived sections; reviving K.S.A. 74-3258; repealing K.S.A. 74-3261.

Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 74-3255 is hereby revived and amended to read as follows: 74-3255. As used in this act:

(a) ``ROTC institution'' means a state educational institution, under the control and supervision of the state board of regents, which or mu- nicipal university that provides an army a reserve officers' training corps program.

(b) ``Selection committee'' means a committee established at each ROTC institution by the chief executive officer of each such institution. The selection committee shall consist of said the chief executive officer of the institution, the professor of military science, a civilian member of the faculty appointed by said the chief executive officer, and a commis- sioned officer of the Kansas national guard appointed by the adjutant general.

(c) ``Eligible student'' means a person who is: (1) A resident of Kan- sas, (2) initially acceptable for enrolling in at an ROTC institution or who has so enrolled and is in good standing, and (3) qualified for participation in the reserve officers' training corps program at such ROTC institution or who is participating in said the program.

(d) ``State educational institution'' has the meaning ascribed thereto in K.S.A. 76-711, and amendments thereto.

(e) ``Municipal university'' means the municipal university estab- lished and operating under the provisions of article 13a of chapter 13 of Kansas Statutes Annotated.

Sec. 2. K.S.A. 74-3256 is hereby revived and amended to read as follows: 74-3256. (a) The state board of regents shall:

(a) (1) Adopt rules and regulations for the administration of this act;

(b) provide for enrollment without charge of tuition at each ROTC institution for not to exceed in any academic year a total of 40 eligible students, who qualify therefor, as determined by the selection committee;

(2) provide for enrollment without charge of tuition at each ROTC institution of eligible students who qualify therefor, as determined by the selection committee, for not to exceed a total of 40 eligible students in any academic year if the ROTC institution is a state educational institution and if the ROTC institution is a municipal university, for not to exceed a total of 10 eligible students in the 1996-97 academic year, 20 eligible students in the 1997-98 academic year, 30 eligible students in the 1998- 99 academic year and 40 eligible students in the 1999-2000 academic year and in academic years thereafter;

(c) (3) publicize application procedures and provide application forms;

(d) (4) require any ROTC institution to promptly furnish upon re- quest any information which relates to the administration or effect of this act.

(b) Any ROTC institution at which enrollment of eligible students without charge of tuition is provided for under subsection (a)(2) may file a claim with the state board of regents for reimbursement of the amount of such tuition. If the ROTC institution is a municipal university, the amount of reimbursement for each eligible student for whom enrollment is provided without charge of tuition shall be at a rate not greater than the maximum rate of tuition that would be charged by the state educa- tional institutions for enrollment of the eligible student. Within the limi- tations of appropriations therefor, the state board of regents shall be re- sponsible for payment of reimbursements to ROTC institutions upon certification by each such institution of the amount of reimbursement to which entitled. Payments to ROTC institutions shall be made upon vouch- ers approved by the state board of regents and upon warrants of the director of accounts and reports. Payments may be made by issuance of a single warrant to each ROTC institution at which one or more eligible students are enrolled for the total amount of tuition not charged eligible students for enrollment at that institution. The director of accounts and reports shall cause such warrant to be delivered to the ROTC institution at which such eligible student or students are enrolled. If an eligible stu- dent discontinues attendance before the end of any academic year, after the ROTC institution has received payment under this subsection, the institution shall pay to the state the entire amount which such eligible student would otherwise qualify to have refunded, not to exceed the amount of the payment made by the state in behalf of such student for the academic year. All amounts paid to the state by ROTC institutions under this subsection shall be deposited in the state treasury and credited to the state general fund.

Sec. 3. K.S.A. 74-3257 is hereby revived and amended to read as follows: 74-3257. Every eligible student who qualifies therefor, as deter- mined by the appropriate selection committee, may enroll annually for both the fall and spring semesters, not to exceed eight (8) semesters, in an ROTC institution without charge of tuition or fees. Once an eligible student qualifies for the benefits provided for under this act, such eligible student shall remain qualified unless the appropriate selection committee determines that such eligible student is disqualified for failure to meet any or all of the requirements imposed under the provisions of this act.

Sec. 4. K.S.A. 74-3258 is hereby revived to read as follows: 74-3258. The selection committee of each ROTC institution shall:

(a) Receive and register the names of all eligible students who apply for the benefits provided for under this act;

(b) select methods for determining which eligible students are to be recipients of the benefits under this act;

(c) designate and notify the eligible students selected to receive the benefits provided for under this act.

Sec. 5. K.S.A. 74-3259 is hereby revived and amended to read as follows: 74-3259. In order to apply for qualification for the benefits pro- vided for under this act, an eligible student, if selected to receive benefits under this act, shall agree to:

(a) Maintain standards of academic excellence and other standards required to remain in good standing;

(b) maintain minimum full-time enrollment of at least twelve (12) 12 credit hours each semester;

(c) participate in the reserve officers' training corps program;

(d) demonstrate the qualities required in a commissioned officer;

(e) upon graduation from an ROTC institution, accept a commission as a second lieutenant and serve for not less than four (4) years as a commissioned officer in the Kansas national guard.

Sec. 6. K.S.A. 74-3260 is hereby revived and amended to read as follows: 74-3260. Upon the failure of any person, who as an eligible stu- dent qualified for and received benefits provided for under this act, to remain eligible and qualified or to satisfy the obligation to accept a com- mission and serve as an officer in the Kansas national guard for the re- quired period of time under an agreement entered into pursuant to this act, such person shall serve for not less than four (4) years as an enlisted member of the Kansas national guard, or pay to the state of Kansas an amount equal to the total amount of benefits received by such person. Such payment shall be completed within five (5) years after the date of the act or circumstance that causes the failure of the person to remain eligible and qualified or to satisfy the obligation of such agreement.

Sec. 7. K.S.A. 74-3255, as revived by this act, 74-3256, as revived by this act, 74-3257, as revived by this act, 74-3259, as revived by this act, 74-3260, as revived by this act, and 74-3261 are hereby repealed.

Sec. 8. This act shall take effect and be in force from and after its publication in the statute book.

Approved April 20, 1996.