HB 2950 Text

H. B. 2950

(By Mr. Speaker, Mr. Kiss, and Delegates R. M.

Thompson, Givens and Coleman)

[Introduced March 21, 2001; referred to the

Committee on Education then Finance.]

A BILL to amend and reenact section twenty-one, article one-b, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to amend and reenact section six, article seven, chapter eighteen-c of said code, all relating to providing that the adjutant general may, in lieu of the tuition payment otherwise authorized to be paid to a college, university or other approved school, pay an amount equal to the amount of tuition which would be required at the college, university or other school directly to members of the West Virginia National Guard who are particpating in the PROMISE scholarship program provided for in article seven, chapter eighteen-c of the code of West Virginia.

Be it enacted by the Legislature of West Virginia:

That section twenty-one, article one-b, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that section six, article seven, chapter eighteen-c of said code be amended and reenacted, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.

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 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 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 program provided for 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.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR
MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP
PROGRAM.
§18C-7-6. Requirements for rules promulgated by the board.

(a) The board shall propose rules which shall include at least the following:

(1) A requirement that a scholarship will not pay an amount that exceeds the cost of tuition at state institutions of higher education and may include an allowance for books and supplies;

(2) A requirement that a scholarship in combination with aid from all other sources shall not exceed the cost of education at the institution the recipient is attending: Provided, That this restriction does not apply to members of the West Virginia National Guard;

(3) Minimum requirements for eligibility for the scholarship which include:

(A) A provision that a student is only eligible to apply for a scholarship within two years of the time he or she graduates from high school: Provided, That if a student has entered the United States armed services within two years after he or she graduates from high school, the student is eligible to apply for a scholarship within seven years of the time he or she enters military service: Provided, however, That once discharged from the military, the student is only eligible to apply for one year from the date of discharge;

(B) For individuals with zero to fifteen credits from an institution of higher education, that the individual attain at least a "B" average at the secondary level as defined by the board;

(C) For individuals with more than fifteen credits from an institution of higher education, that the individual attain and maintain at least a "B" average at the undergraduate education level as defined by the board; and

(D) For all individuals, additional objective standards as the board considers necessary to promote academic excellence and to maintain the financial stability of the fund;

(4) A provision requiring the student to be enrolled in or in the process of enrolling in an eligible institution as defined in section three of this article;

(5) Provisions for making the highest and best use of the PROMISE scholarship program in conjunction with the West Virginia prepaid tuition trust act set forth in article thirty, chapter eighteen of this code;

(6) A determination of whether to require scholarship recipients to repay the amount of their scholarship, in whole or in part, if they choose to work outside the state after graduation;

(7) A determination of whether to set aside a portion of the scholarship funds for targeted scholarships for applicants accepted or enrolled in an engineering program, science program, technology program or other designated programs;

(8) A determination whether to require persons to file federal financial aid forms before they may receive a PROMISE scholarship; and

(9) A determination of what other sources of funding for higher education, if any, should be deducted from the PROMISE scholarship award.

(b) The board shall use the services of the senior administrator and any employees of the senior administrator in drafting the rules. The rules shall be submitted to the legislative oversight commission on education accountability on or before the first day of December, one thousand nine hundred ninety-nine.

NOTE: The purpose of this bill is to provide that the adjutant general may, in lieu of the tuition payment otherwise authorized under §15-1B-21 to be paid to a college, university or other approved school, pay an amount equal to the amount of tuition which would be required at the college, university or other school directly to members of the West Virginia National Guard who are particpating in the PROMISE scholarship program provided for in article seven, chapter eighteen-c of the code of West Virginia.

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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