Introduced Version
Senate Bill 245 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 245
(By Senators Tomblin (Mr. President) and Caruth, By Request of
the Executive)
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[Introduced February 12, 2009; referred to the Committee on
Miliary; then to the Committee on Education; and then to the
Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18B-10-7c, relating
to the federal Yellow Ribbon G. I. Education Enhancement
Program; requiring state institutions of higher education to
participate in the program; and requiring state institutions
of higher education to enter into agreements with the United
States Secretary of Veterans Affairs to provide matching
contributions toward the cost of tuition and mandatory fees
not otherwise covered under the Post-9/11 Veterans Educational
Assistance Act of 2008.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18B-10-7c, to read as
follows:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-7c. Tuition and fee waivers for certain veterans receiving
federal educational assistance benefits.
(a) The Legislature hereby finds that the United States
Congress, in enacting the Post-9/11 Veterans Educational Assistance
Act of 2008 ("the Act"), 38 U.S.C. §3301, et seq., has provided for
the establishment of a program within the United States Department
of Veterans Affairs to be known as the "Yellow Ribbon G.I.
Education Enhancement Program". Under the Act, certain individuals
who served or are serving on active duty in the United States Armed
Forces after September 11, 2001, are eligible to receive
educational assistance benefits equal to the cost of undergraduate
in-state tuition and fees charged by a state institution of higher
education in the state. The Yellow Ribbon G.I. Education
Enhancement Program will provide additional educational assistance
benefits over and above the cost of the undergraduate in-state
tuition and fees to veterans receiving benefits under the Act. The
purpose of this section is to require higher education
institutions, as defined in section two, article one, chapter
eighteen-b of this code, to participate in the program and
encourage private colleges and universities located in the state to
participate.
(b) As soon as practicable after the effective date of this section, the governing board of each state institution of higher
education shall enter into an agreement with the United States
Secretary of Veterans Affairs to participate in the Yellow Ribbon
G.I. Education Enhancement Program as established in 38 U.S.C.
§3317. For every eligible veteran who is enrolled or will be
enrolled as an undergraduate student, the agreement shall provide
for the waiver of fifty percent of the cost of tuition and
mandatory fees not otherwise covered under 38 U.S.C. §3313(c)(1)(A)
in an amount to be matched by a contribution of equivalent value
from the United States Department of Veterans Affairs. The
agreement may also provide for the waiver of up to fifty percent of
the cost of tuition and mandatory fees not otherwise covered under
38 U.S.C. §3313(c)(1)(A) for every eligible veteran who is or will
be enrolled in a graduate or professional program. For the
purposes of this section, "eligible veteran" means any individual
who is eligible to participate in the Yellow Ribbon G.I. Education
Enhancement Program.
(c) For the purposes of the limitation on the amount of fee
waivers permitted at state institutions of higher education set
forth in sections five and six of this article, any waivers granted
from a state institution of higher education in connection with the
Yellow Ribbon G.I. Education Enhancement Program shall not be
counted toward the amount of undergraduate, graduate or
professional fee waivers permitted at that institution.
(d) The Legislature hereby encourages every private
institution of higher education located in the state to participate
in the Yellow Ribbon G.I. Education Enhancement Program as
permitted by the Act, 38 U.S.C. §3317.
NOTE: The purpose of this bill is to require West Virginia
public colleges and universities to participate in the federal
Yellow Ribbon G.I. Education Enhancement Program ("the Program").
The Program will be established pursuant to the Post-9/11 Veterans
Educational Assistance Act of 2008 ("the Act") to provide eligible
post-9/11 veterans additional moneys towards the cost of tuition
and fees at institutions of higher education. The Act will provide
educational benefits to certain post-9/11 veterans in an amount
equal to the cost of in-state tuition at the most expensive public
university or college in the state. The Program will authorize the
federal Secretary of Veterans Affairs to cover fifty percent of any
additional costs over and above the cost of in-state tuition in
exchange for a matching contribution of equal percentage from an
institution of higher learning.
This section is new; therefore, strike-throughs and
underscoring have been omitted.