COMMITTEE SUBSTITUTE

FOR

H. B. 2981

(By Delegates Iaquinta, Longstreth, Ashley, Azinger,

Givens, Ferro, Smith, Armstead, Pasdon, and Fleischauer)

(Originating in the Committee on Finance)

[February 23, 2011]

A BILL to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended, relating to payments for trade certifications and allowing use of tuition assistance for West Virginia National Guard members enrolled in a doctor of medicine or osteopathic medicine program.

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 to read as follows:

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 an educational program which leads to a certificate, undergraduate degree, master’s degree, doctor of medicine, or doctor of osteopathic medicine, program and is attending any accredited community and technical college, college, university, or business, or career-technical, vocational, trade or aviation 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 tuition and fees at that college, university, business, or trade school or aviation school for that program during the period of his or her service in the National Guard.

    (1) 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 the express purpose of this section.

    (2) A member may receive payment for only one certificate, undergraduate degree and master’s degree pursuant to this section.     (3) Not more than two members a year may be selected by the Adjutant General to receive payment for either a doctor of medicine or doctor of osteopathic medicine degree program. Any candidate selected for this program must remain a member of the Army National Guard or the Air National Guard and practice medicine in the State of West Virginia for a minimum of ten years after receiving a doctor of medicine or doctor of osteopathic medicine degree, or be subject to recoupment for all monies paid pursuant to this subdivision.

    (b) The amount of the payment for members a member attending a state-supported school shall be is determined by the Adjutant General and may not exceed the actual amount cost of tuition and fees at the school. The amount of the payment for members a member attending a private school shall be is determined by the Adjutant General but in any event and may not exceed the highest amounts amount 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 and is eligible to receive tuition and fee payments pursuant to this section 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 under this section. The sum of payments received under this subsection section and a federally funded continuing education system may not exceed the actual amount of tuition and fees at the school and in no any event may not exceed the highest amounts amount 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 For any member of the West Virginia Army National Guard or West Virginia Air National Guard who are is participating in the PROMISE Scholarship program provided in article seven, chapter eighteen-c of this code, the Adjutant General may pay directly to the member an amount equal to the amount of tuition and fees which otherwise would have been paid to the school.

    (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 establish policies to implement the provisions of this section.