Introduced Version House Bill 2081 History

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H. B. 2081

(By Delegate Frederick)
[Introduced February 9, 2005; referred to the
Committee on Education then Finance.]

A BILL to amend and reenact §18C-7-5 of the code of West Virginia, 1931, as amended, relating to the PROMISE scholarship generally; and providing that students who commute from West Virginia to schools out-of-state may be eligible.

Be it enacted by the Legislature of West Virginia:

That §18C-7-5 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:


§18C-7-5. Powers of the West Virginia PROMISE Scholarship Board of Control.

In addition to the powers granted by any other provision of this article, the board has the powers necessary or convenient to carry out the purposes and provisions of this article including, but not limited to, the following express powers:
(a) To adopt and amend bylaws;
(b) To propose legislative rules for promulgation in accordance with the provisions of article three-a, chapter twenty-nine-a of this code to effectuate the purposes of this article;
(c) To invest any of its funds at the board's discretion, with the West Virginia Investment Management Board in accordance with the provisions of article six, chapter twelve of this code. Any investments made under this article shall be made with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. Fiduciaries shall diversify plan investments to the extent permitted by law so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so;
(d) To execute contracts and other necessary instruments;
(e) To impose reasonable requirements for residency for students applying for the PROMISE scholarship which shall include, except for student residents of this state who commute to a school outside this state who shall be eligible for this scholarship, that an eligible student must have completed at least one half of the credits required for high school graduation in a public or private high school in this state or have been provided instruction in the home or other approved place under Exemption B, section one, article eight, chapter eighteen of this code for the two years immediately preceding application. However, nothing in this subdivision may be construed to establish residency requirements for matriculation or fee payment purposes at state institutions of higher education;
(f) To contract for necessary goods and services, to employ necessary personnel and to engage the services of private persons for administrative and technical assistance in carrying out the responsibilities of the scholarship program;
(g) To solicit and accept gifts, including bequests or other testamentary gifts made by will, trust or other disposition, grants, loans and other aids from any source or to participate in any other way in any federal, state or local governmental programs in carrying out the purposes of this article;
(h) To define the terms and conditions under which scholarships shall be awarded with the minimum requirements being set forth in section six of this article; and
(i) To establish other policies, procedures and criteria necessary to implement and administer the provisions of this article.

NOTE: The purpose of this bill is to provide that student residents of this state who commute to school in another state are eligible for the PROMISE scholarship program.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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