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Committee Substitute House Bill 2870 History

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Key: Green = existing Code. Red = new code to be enacted


COMMITTEE SUBSTITUTE

FOR

H. B. 2870

(By Delegates R. M. Thompson, Craig, Frederick and Flanigan)


(Originating in the Committee on Finance)


[April 4, 2001]


A BILL to amend and reenact section four, article one-a, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section twenty-one, article one-b of said chapter; and to further amend said article by adding thereto a new section, designated section twenty-five, all relating to authorizing the adjutant general to appoint an assistant adjutant general and other general officer positions; to pay certain members of the West Virginia national guard directly in an amount equal to tuition payments to which they are entitled; and to provide a two thousand dollar bonus to those members who accept a commission upon graduation from officer candidate school.

Be it enacted by the Legislature of West Virginia:
That section four, article one-a, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that section twenty-one, article one-b of said chapter be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section twenty-five, all to read as follows:
ARTICLE 1A. ADJUTANT GENERAL.
§15-1A-4.
Assistant adjutants general and other authorized general officers.

The governor shall appoint an assistant adjutant general for air and an assistant adjutant general for army, each with the rank of brigadier general, or such other rank as shall be recognized by federal authority, who shall be the deputy commander of the air national guard and the deputy commander of the army national guard, respectively. The adjutant general may appoint an assistant adjutant general for the West Virginia national guard, and such other general officer positions as may be federally authorized by tables of distribution and allowance, modified tables of organization and equipment, and joint manning documents, each with the rank of brigadier general, or such other rank as shall be recognized by federal authority. The governor adjutant general may also appoint an assistant adjutant general with the rank of colonel or such other rank as shall be recognized by the federal authority, who shall be the executive officer and administrative assistant to assist the adjutant general in the administration of the adjutant general's department (or department of military affairs). The assistant adjutant general serving as the executive officer and the administrative assistant may also be the deputy commander of the army or air national guard. The assistant adjutants general shall be upon appointment, federally recognized officers of the air national guard and the army national guard, respectively.
ARTICLE 1B. NATIONAL GUARD.
§15-1B-21. Tuition and fees for guard members at institutions of higher education.

(a) Any member of the national guard who is enrolled in a course of undergraduate study and is attending any accredited college, university, business or trade school located in West Virginia or is attending any aviation school located in West Virginia for the purpose of taking college-credit courses, may be entitled to payment of tuitions and fees at that college, university, business or trade school or aviation school during the period of his or her service in the national guard: Provided, That the adjutant general may prescribe criteria of eligibility for payment of tuition and fees at the college, university, business or trade school or aviation school: Provided, however, That such payment is contingent upon appropriations being made by the Legislature for this express purpose.
(b) The amount of the payment for members attending a state-supported school shall be determined by the adjutant general and may not exceed the actual amount of tuition and fees at the school. The amount of such the payment for members attending a private school shall be determined by the adjutant general, but in no event may exceed the highest amounts payable at any state-supported school.
(c) Any member of the national guard who is enrolled in a course of postgraduate study and is attending any accredited college or university located in West Virginia, and is receiving payments under the army continuing education system, may be entitled to payment of tuition and fees at that college or university during his or her period of service in the national guard: Provided, That the sum of payments received under this subsection and the army continuing education system may not exceed the actual amount of tuition and fees at the school and in no event may exceed the highest amounts payable at any state-supported school. Such The payments are contingent upon appropriations being made by the Legislature for this express purpose.
(d) The adjutant general may, in lieu of the tuition payment authorized by this section, pay an amount equal to the amount of tuition which otherwise would have been paid, directly to members of the West Virginia national guard who are participating in the PROMISE scholarship provided in article seven, chapter eighteen-c of this code.
(d)(e) The adjutant general shall administer the tuition and fee payments authorized under this section and shall propose policies to implement the provisions of this section.
§15-1B-25. Commissioning bonus.
Upon graduation from the officer candidate school conducted at the regional training institute, Camp Dawson, each member of the West Virginia army national guard who accepts a commission shall be entitled to a commissioning bonus of two thousand dollars.




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