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SB126 SUB1 MIL Senate Bill 126 History

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SB126 SUB1 MIL
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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