ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 2931
(By Delegates Wysong, Tabb, Longstreth,
Iaquinta, M. Poling, Shaver and Perry
)
[Passed March 9, 2007; in effect ninety days from passage.]
AN ACT to amend and reenact §15-1B-21 of the Code of West Virginia,
1931, as amended; and to amend and reenact §18-19-1, §18-19-2
and §18-19-3, all relating to educational opportunities for
the armed services and spouses of deceased armed services
personnel; providing for the payment of tuition and fees for
members of the West Virginia Army National Guard and West
Virginia Air National Guard enrolled in a Master's degree
program; and providing that, in addition to children, spouses
of deceased armed service personnel are eligible for state-
funded student financial aid resources.
Be it enacted by the Legislature of West Virginia:
That §15-1B-21 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18-19-1, §18-19-2 and §18-19-3
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 Army National Guard or Air National
Guard who is enrolled in a course of undergraduate study or a
Master's degree program 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. 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.
The payment is contingent upon appropriations being made by the
Legislature for this express purpose. A member may receive payment
for only one Master's degree pursuant to this section.
(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 the payment for members attending a private
school shall be determined by the Adjutant General, but in any
event may not exceed the highest amounts payable at any
state-supported school.
(c) Any member of the Army National Guard or Air National
Guard who is enrolled in a course of undergraduate study or a
Master's degree program and is attending any accredited college or university located in West Virginia, and is receiving payments
under a federally funded 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 Army National
Guard or Air National Guard:
Provided, That the sum of payments
received under this subsection and a federally funded 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. 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 Army National Guard or West Virginia Air
National Guard who are participating in the PROMISE Scholarship
program provided in article seven, chapter eighteen-c of this code.
(e) A member of the West Virginia Army National Guard or West
Virginia Air National Guard who is receiving payments for tuition
and fees under this section, and is discharged from the military
service due to wounds or injuries received in the line of duty, may
continue to receive payments for tuition and fees under this
section as if he or she were still a member.
(f) 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 18. EDUCATION.
ARTICLE 19. EDUCATIONAL OPPORTUNITIES FOR CHILDREN AND SPOUSES OF
DECEASED SOLDIERS, SAILORS, MARINES AND AIRMEN.
§18-19-1. Appropriation to provide educational opportunities.
(a) The purpose of this article is to provide educational
opportunities for the children and spouses of those:
(1) Who served in:
(A) The Army, Navy or Marine Corps of the United States during
the world war from the sixth day of April, one thousand nine
hundred seventeen, to the second day of July, one thousand nine
hundred twenty-one, all dates inclusive;
(B) The Armed Forces of the United States of America at any
time between the first day of December, one thousand nine hundred
forty-one, and the declaration of peace by the Congress of the
United States, all dates inclusive;
(C) The Armed Forces of the United States of America at any
time between the twenty-seventh day of June, one thousand nine
hundred fifty, and the thirty-first day of January, one thousand
nine hundred fifty-five, all dates inclusive;
(D) The Armed Forces of the United States of America at any
time between the fifth day of August, one thousand nine hundred
sixty-four, and the seventh day of May, one thousand nine hundred
seventy-five, all dates inclusive; or
(E) The Armed Forces of the United States of America at any
time during which the forces or members of the reserve components are called to active duty by the President of the United States
under Title 10 of the United States Code for the purpose of
entering into armed combat; and
(2) Who were killed in action or have died or may hereafter
die from disease or disability resulting from their war service.
(b) For the purpose of this article, there is appropriated
from the State, General Revenue Fund the sum of at least five
thousand dollars for each fiscal year commencing the first day of
July and ending on the thirtieth day of June of each year of the
next biennium to be used for the benefit of these children and
spouses while attending post-secondary education or training
institutions.
(c) This benefit also shall be given to children and spouses
of a service member killed during hostile actions as defined by the
agency administering this section.
(d) The term "children" as used in this article includes any
child of a veteran who has been legitimized by operation of law
prior to the veteran's demise.
(e) The term "spouse" as used in this article includes any
spouse who remained married to the veteran prior to the veteran's
demise and who was neither the plaintiff nor defendant in any
active divorce or annulment proceedings against the veteran at the
time of the veteran's demise.
§18-19-2. Eligibility of applicant for benefits; application
forms; preference.
(a) To be eligible for the benefits of this article, a child or spouse set forth in section one of this article shall be:
(1) At least sixteen and not more than twenty-five years of
age:
(2) Enrolled in a post-secondary education or training
institution in this state; and
(3) The child or spouse of an enlistee who designated West
Virginia as his or her state of record.
(b) The application shall be made to, and upon forms provided
by, the West Virginia Division of Veterans' Affairs. The division
shall determine the eligibility of those who apply and the yearly
amount to be allotted each applicant. The amount, in the
discretion of the division, may vary from year to year, but may not
exceed the sum of one thousand dollars in any one semester or a
total of two thousand dollars in any one year. In selecting those
to receive the benefits of this article, preference shall be given
those who are otherwise financially unable to secure the
educational opportunities.
§18-19-3. No tuition fees to be charged; how funds to be
expended; cessation of allowances.
(a) A state post-secondary education or training institution
may not charge tuition and fees to an eligible applicant attending
that institution pursuant to this article. The funds appropriated
in this article shall be expended by the West Virginia Division of
Veterans' Affairs only for matriculation fees, board, room rent,
books, supplies and other necessary living expenses of those
children.
(b) In the event that a child or spouse eligible for a tuition
waiver pursuant to this section attends a private post-secondary
education or training institution where the tuition waiver is not
applicable, that child or spouse remains eligible for up to two
thousand dollars per year in education benefits pursuant to section
two of this article.
(c) In addition to the tuition waiver available pursuant to
this section, a child or spouse attending a state post-secondary
education or training institution is eligible for up to two
thousand dollars per year in education benefits as provided in
section two of this article.
(d) The division is charged with the duty of disbursing the
funds provided in this article and shall draw its requisitions upon
the State Auditor for that purpose. In its discretion, the
division, if satisfied as to the accuracy and amounts of the
expenditures, shall make the requisitions payable to the post-
secondary education or training institutions or to those furnishing
to the children or spouses board, room rent, books, supplies and
other necessary living expenses.
(e) A member or employee of the division may not receive any
additional compensation for the services required in this article.
(f) Acceptance of benefits or tuition waivers pursuant to this
article does not limit the acceptance of any other scholarship or
grant for which a student may be eligible.
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