COMMITTEE SUBSTITUTE
FOR
H. B. 2870
(By Delegates R. M. Thompson, Craig, Frederick and Flanigan)
(Originating in the Committee on Finance)
[April 4, 2001]
A BILL to amend and reenact section four, article one-a, chapter
fifteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to amend and reenact
section twenty-one, article one-b of said chapter;
and to
further amend said article by adding thereto a new section,
designated section twenty-five, all relating to authorizing
the adjutant general to appoint an assistant adjutant general
and other general officer positions; to pay certain members of
the West Virginia national guard directly in an amount equal
to tuition payments to which they are entitled; and to provide
a two thousand dollar bonus to those members who accept a
commission upon graduation from officer candidate school.
Be it enacted by the Legislature of West Virginia:
That section four, article one-a, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted; that section twenty-one, article one-b of
said chapter be amended and reenacted; and that said article be
further amended by adding thereto a new section, designated section
twenty-five, all to read as follows:
ARTICLE 1A. ADJUTANT GENERAL.
§15-1A-4.Assistant adjutants general and other authorized
general officers.
The governor shall appoint an assistant adjutant general for
air and an assistant adjutant general for army, each with the rank
of brigadier general, or such other rank as shall be recognized by
federal authority, who shall be the deputy commander of the air
national guard and the deputy commander of the army national guard,
respectively.
The adjutant general may appoint an assistant
adjutant general for the West Virginia national guard, and such
other general officer positions as may be federally authorized by
tables of distribution and allowance, modified tables of
organization and equipment, and joint manning documents, each with
the rank of brigadier general, or such other rank as shall be
recognized by federal authority. The
governor adjutant general may
also appoint an assistant adjutant general with the rank of colonel
or such other rank as shall be recognized by the federal authority,
who shall be the executive officer and administrative assistant to assist the adjutant general in the administration of the adjutant
general's department (or department of military affairs). The
assistant adjutant general serving as the executive officer and the
administrative assistant may also be the deputy commander of the
army or air national guard. The assistant adjutants general shall
be upon appointment, federally recognized officers of the air
national guard and the army national guard, respectively.
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 the 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 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 national guard who are participating in the PROMISE scholarship provided 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.
§15-1B-25. Commissioning bonus.
Upon graduation from the officer candidate school conducted at
the regional training institute, Camp Dawson, each member of the
West Virginia army national guard who accepts a commission shall be
entitled to a commissioning bonus of two thousand dollars.