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)
____________
[Originating in the Committee on Education;
reported March 16, 2005.]
____________
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.
Email
Webmaster | © 2024 West Virginia Legislature **
