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Introduced Version Senate Bill 364 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 364

(By Senator Kimble)

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[Introduced February 2, 1989; referred to the Committee
on Education.]
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A BILL to amend chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article one-a, relating to higher education and financial assistance; adopting the selective service registration awareness and compliance act; definitions; and prohibiting enrollment in state-supported institutions of post-secondary higher education and financial assistance without compliance with the military selective service act.

Be it enacted by the Legislature of West Virginia:
That chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article one-b, to read as follows:
ARTICLE 1A. FINANCIAL ASSISTANCE GENERALLY.

§18C-1A-1. Short title.

This article shall be known as the "Selective Service Registration Awareness and Compliance Act."
§18C-1A-2. Legislative declarations.
The Legislature finds 50 United States Code App. 451 et seq. (military selective service act) requires all male citizens and every other male person residing in the United States except for lawfully admitted nonimmigrant aliens upon reaching their eighteenth birthday to register with the selective service system. The Legislature further finds that federal statutes limit eligibility for federal student financial assistance and eligibility for employment within the executive branch of the federal government to persons who are in compliance with the requirements of the military selective service act.
§18C-1A-3. Definitions.
"Person" means any male person upon reaching his eighteenth birthday, and until reaching the age of twenty-six.
"The Military Selective Service Act" means 50 U.S.C. App. 451 et seq.
§18C-1A-4. Compliance required.
A person may not enroll in a state-supported institution of postsecondary higher education unless he or she is in compliance with the military selective service act.
A person may not receive a loan, grant, scholarship, or other financial assistance for postsecondary higher education funded by state revenue, including federal funds or gifts and grants accepted by this state, or receive a student loan guaranteed by the state unless he or she is in compliance with the military selective service act.
It is the duty of all officials having charge of and authority over state-supported institutions of postsecondary higher education, and the granting of state-supported financial assistance for postsecondary higher education as described in this article to assure themselves that applicants are in compliance with the military selective service act.
A person may not be denied a right, privilege, or benefit under this article by reason of failure to present himself or herself for and submit to the requirement to register pursuant to the military selective service act if:
(1)The requirement for the person to so register has terminated or becomes inapplicable to the person; and
(2)The person is or has already served in the armed forces or has a condition that would preclude acceptability for military service.


NOTE: The purpose of this bill is to encourage compliance with the Military Selective Service Act and to protect the eligibility of the citizens of this state who are subject to the provisions of the federal statute to receive federal financial assistance for post secondary education, and for employment with the executive branch of the federal government. The Selective Service Registration Awareness and Compliance Act requires persons subject to the provisions of the federal Military Selective Service Act to be in compliance with the requirements of that federal statute as a condition of eligibility for enrollment at a state-supported institution of postsecondary higher education, or for state-supported scholarships, programs of financial assistance funded by state revenue including federal funds, gifts, or grants accepted by the state.

Article 1A is new; therefore, strike-throughs and underscoring have been omitted.

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