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Engrossed Version Senate Bill 126 History

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SB126 SUB2 eng
ENGROSSED

COMMITTEE SUBSTITUTE

FOR

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 Education;

reported March 16, 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, all relating to amending the use and eligibility requirements for the educational opportunities benefits for certain children of those who have died as a result of certain military service; increasing the limit on allocations to those eligible children; clarifying eligibility for the allocation and the tuition waiver for children attending private, out-of-state and state education or training institutions; and the effect of the allocation and tuition waiver on other scholarships and grants.

Be it enacted by the Legislature of West Virginia:
That §18-19-1, §18-19-2 and §18-19-3 of the Code of West Virginia, 1931, as amended, 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.
(a) For the purpose of providing The purpose of this article is to provide educational opportunities for the children of those:
(1) Who served in:
(A) 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, all dates inclusive;
(B) 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, all dates inclusive;
(C) 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, all dates inclusive;
(D) 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
(E) 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
(2) Who were killed in action or have died or may hereafter die from disease or disability resulting from such this war service.
(b) For the purpose of providing educational opportunities to those children set forth in subsection (a), 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.
(c) This benefit also shall be given to children of a service member killed during hostile actions as defined by the agency administering this section.
(d) 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.

(a) To be eligible for the benefits of this article, said the children set forth in section one of this article must shall be:
(1) At least sixteen and not more than twenty-two twenty-five years of age;
(2) Enrolled in an education or training institution; and
(3) have had their domiciles in this state for at least twelve months preceding their application for said benefits 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, two thousand six, any benefits provided pursuant to this section are for the purpose of post-secondary education only.
(b) Such The application shall be made to, and upon forms provided by, the West Virginia Division of Veterans' Affairs. which The Division shall determine the eligibility of those who make such the application and the yearly amount to be allotted each applicant. which The 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 the educational opportunities and to those whose parent was domiciled in this state during the period of such the parent's war service.
§18-19-3. No tuition fees to be charged; how funds to be expended; cessation of allowances.

(a) No tuition fees shall be charged such eligible applicants attending any state education or training institution and the funds herein appropriated shall be expended by said the West Virginia Division of Veterans' Affairs only for matriculation fees, board, room rent, books, supplies and other necessary living expenses of such those children.
(b) 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 dollars 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, two thousand six, any benefits provided pursuant to this section are for the purpose of post-secondary education only.
(c) 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, if satisfied as to the correctness and amounts of the expenditures, 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.
(d) 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.
(e) No member or employee of said the Division shall receive any additional compensation for the services herein required.
(f) Acceptance of benefits or tuition waivers pursuant to this article does not limit the acceptance of any other scholarships or grants for which the student may be eligible.
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