COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 126
(By Senators Hunter, Dempsey, Weeks, Unger, Bailey, Barnes,
Minard, Jenkins, Foster, Bowman, Kessler, Plymale, Sharpe,
McCabe, Love, Oliverio, McKenzie, Harrison, Caruth, Deem,
Prezioso, Edgell, Helmick, Guills, Boley, Minear, Yoder, Chafin
and Tomblin, Mr. President)
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[Originating in the Committee on Military;
reported February 18, 2005.]
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A BILL to amend and reenact §18-19-1, §18-19-2 and §18-19-3 of the
Code of West Virginia, 1931, as amended, relating to including
children of deceased members of the armed forces or members of
the reserve components called to active duty by the President
of the United States for the purpose of entering into armed
combat in the educational opportunities appropriation;
removing requirement that the children attend a state
education or training institution; increasing the age
limitation; clarifying eligibility requirements; and increasing the scholarship to up to two thousand dollars per
year per child.
Be it enacted by the Legislature of West Virginia:
That §18-19-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18-19-2 and §18-19-3 of said
code be amended and reenacted, all to read as follows:
ARTICLE 19. EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED
SOLDIERS, SAILORS, MARINES AND AIRMEN.
§18-19-1. Appropriation to provide educational opportunities.
For the purpose of providing educational opportunities for the
children of those who served in the Army, Navy or Marine Corps of
the United States during the world war from
the sixth day of April
sixth, one thousand nine hundred seventeen, to
the second day of
July
second, one thousand nine hundred twenty-one, or served in the
armed forces of the United States of America at any time between
the first day of December
first, one thousand nine hundred forty-
one, and the declaration of peace by the Congress of the United
States or served in the armed forces of the United States of
America at any time between
the twenty-seventh day of June
twenty-
seventh, one thousand nine hundred fifty, and
the thirty-first day
of January
thirty-first, one thousand nine hundred fifty-five, or
served in the armed forces of the United States of America at any
time between
the fifth day of August
fifth, one thousand nine
hundred sixty-four, and
the seventh day of May
seventh, one
thousand nine hundred seventy-five, all dates inclusive,
or served in 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 who were killed in action or have died or may
hereafter die from disease or disability resulting from
such this
war service, there
shall be is appropriated from the state fund
general revenue the sum of at least five thousand dollars for each
fiscal year commencing
the first day of July
first and ending on
the thirtieth day of June
thirty of each year of the next biennium
to be used for the benefit of
such these children while attending
state education or training institutions. This benefit also shall
be given to children of a service member killed during hostile
actions as defined by the agency administering this section. The
term "children" as used in this article
shall include includes any
child of a veteran who has been legitimized by operation of law
prior to the veteran's demise.
§18-19-2. Eligibility of applicant for benefits; application
forms; preference.
To be eligible for the benefits of this article, said children
must be at least sixteen and not more than twenty-two twenty-five
years of age, be enrolled in an education or training institution,
and have had their domiciles in this state for at least twelve
months preceding their application for said benefits be the child
of an enlistee who gave West Virginia as his or her state of
record: Provided, That on and after the first day of January, 2006 any benefits provided pursuant to this section are for the purpose
of post-secondary education only. Such The application shall be
made to, and upon forms provided by, the West Virginia Division of
Veterans Affairs, which division shall determine the eligibility of
those who make such the application and the yearly amount to be
allotted each applicant, which amount in the discretion of the
division may vary from year to year, but shall not exceed the sum
of five hundred dollars one thousand dollars in any one semester or
a total of up to 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 said educational opportunities and to those whose parent was
domiciled in this state during the period of such parent's war
service.
§18-19-3. No tuition fees to be charged; how funds to be expended;
cessation of allowances.
No tuition fees shall be charged such applicants attending any
state education or training institution, and the funds herein
appropriated shall be expended by said West Virginia Division of
Veterans Affairs only for matriculation fees, board, room rent,
books, supplies and other necessary living expenses of such
children. In the event that a child eligible for a tuition waiver
pursuant to this section attends a private education or training
institution or an out-of-state education or training institution
where tuition waivers as set forth in this section would not be
applicable, that child is still eligible for not more than two thousand dollar per year in education benefit, as set forth in
section two of this article. A child receiving a tuition waiver at
a state education or training institution may in addition receive
the education benefit in an amount not to exceed two thousand
dollars per year, as set forth in section two of this article:
Provided, That on and after the first day of January, 2006 any
benefits provided pursuant to this section are for the purpose of
post-secondary education only.
Said The division is charged with
the duty of disbursing the funds herein provided and shall draw its
requisitions upon the auditor for that purpose. In the discretion
of said the division, such requisitions may be made payable to said
the education or training institutions or to those furnishing to
said the children board, room rent, books, supplies and other
necessary living expenses, the division being first satisfied as to
the correctness and amounts of such expenditures. Should any child
eligible for benefits or tuition waivers pursuant to this article
withdraw from any such an education or training institution, all
allowances to such the child shall cease. No member or employee of
said the division shall receive any additional compensation for the
services herein required.
Acceptance of benefits or tuition waivers pursuant to this
article do not limit the acceptance of any other scholarships or
grants for which the student may be eligible.
NOTE: The purpose of this bill is to include children of
deceased members of the armed forces or members of the reserve
components called to active duty by the President of the United States for the purpose of entering into armed combat in the
educational opportunities appropriation; to remove the
requirement that the children attend a state education or
training institution to receive benefits; to increase the
educational benefit from $500 per year to $2000 per year; to
increase the age limitation from twenty-one years of age to
twenty-five years of age and to limit the benefits to post-
secondary education after January 1, 2006; to clarify that an
eligible child may receive both an educational benefit and a
tuition waiver if that child is attending an in-state education
or training institution; and to clarify that a child receiving
benefits under this article may still receive other scholarships
or grants for which he or she may be eligible.
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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