ENROLLED
H. B. 3238
(By Delegate Mezzatesta)
[Passed April 14, 2001; in effect from passage.]
AN ACT to amend and reenact section twenty-one, article one-b,
chapter fifteen of the code of West Virginia, one thousand
nine hundred thirty-one, as amended; to amend and reenact
sections two, three, four, five, six, seven and eight,
article seven, chapter eighteen-c of said code; and to
further amend said article by adding thereto a new section,
designated section nine, all relating to the PROMISE
scholarship program; providing that the adjutant general may,
in lieu of the tuition payment, pay an amount directly to
members of the West Virginia National Guard who are
participating in the PROMISE scholarship program; making
additional findings with respect to the PROMISE scholarship
program; changing definitions; abolishing the board and
establishing a board of control; specifying certain elements
for inclusion in residency requirements; providing for legislative rules and authorizing emergency rules; requiring
submission federal student aid application/needs analysis
form and an application for the PROMISE scholarship;
providing for coordination of aid programs from all sources;
providing that the restriction that the PROMISE scholarship
in combination with aid from all other sources does not apply
to members of the West Virginia National Guard, and
recipients of the Underwood-Smith and engineering, science
and technology scholarship programs; clarifying that advanced
placement and dual credit course work are not included in the
credit hour categories for determining eligibility; replacing
"B" average with at least a 3.0 grade point average in
required core and electives and other criteria as established
by the board; replacing "B" average with appropriate academic
progress toward completion of a degree as defined by the
board at the undergraduate level; requiring determination and
clarification of relationship with other financial aid;
allocations to scholarship fund subject to legislative
appropriation; providing that nothing requires specific
appropriations or guarantees or entitles individuals to
awards; and providing for scope and breadth of study of
statewide task force on student financial aid to be expanded.
Be it enacted by the Legislature of West Virginia:
That section twenty-one, article one-b, chapter fifteen of the code of West Virginia, one thousand nine hundred thirty-one,
as amended, be amended and reenacted; that sections two, three,
four, five, six, seven and eight, article seven, chapter eighteen-
c of said code be amended and reenacted; and that said article be
further amended by adding thereto a new section, designated
section nine, all to read as follows:
CHAPTER 15. PUBLIC SAFETY.
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 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 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 program provided for in article seven, chapter
eighteen-c of this code.
(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.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR
MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP PROGRAM.
§18C-7-2. Legislative findings and purpose.
The Legislature hereby finds and declares that:
(a) The state's college-going rate does not compare favorably
with the member states of the southern regional education board
average, nor with the national average;
(b) West Virginia must have an educated work force in order
to attract and retain the high wage, high skill jobs of the next
century;
(c) A large percentage of West Virginia residents who
graduate from the state's colleges and universities do not work
in the state following graduation;
(d) The percentage of West Virginia's adult population over
the age of twenty-five with at least a bachelor's degree is only
fourteen percent and does not compare favorably with the member
states of the southern regional education board average or with
the national average;
(e) Increases in the level of education increases the income
earned by an individual which enhances his or her quality of life;
(f) During the year one thousand nine hundred ninety-seven,
an individual holding a bachelor's degree had an average earned
income which was one hundred seventy-seven percent of the average
income earned by a high school graduate;
(g) Students at all levels should have an incentive to
perform at a high academic level;
(h) There is a need to provide parents with all tools
possible to aid them in helping their children understand the
importance of high achievement in high school and college;
(i) There is a financial need for many students who wish to
attend state institutions of higher education within the state;
(j) The West Virginia higher education grant program is a
vitally important source of financial assistance for needy
residents of the state and should continue to receive strong
financial support; and
(k) It is the intent of this article to establish a West
Virginia PROMISE scholarship program to deal effectively with the
findings set forth in this section.
§18C-7-3. Definitions.
(a) "Eligible institution" means:
(1) A state institution of higher education as is defined in
section two, article one, chapter eighteen-b of this code;
(2) Alderson-Broaddus College, Appalachian Bible College,
Bethany College, the College of West Virginia, Davis and Elkins College, Ohio Valley College, Salem International University, the
University of Charleston, West Virginia Wesleyan College and
Wheeling Jesuit University, all in West Virginia:
Provided, That
if any institution listed in this subdivision is not regionally
accredited, it shall not be included as an eligible institution;
or
(3) Any other regionally accredited institution in this
state, public or private, approved by the board.
(b) "Board" means the West Virginia PROMISE scholarship board
of control of the West Virginia PROMISE scholarship program as
provided for in section four of this article.
(c) "Tuition" means the quarter, semester or term charges
imposed by a state institution of higher education and all
mandatory fees required as a condition of enrollment by all
students.
§18C-7-4. Appointment of the PROMISE scholarship board of
control; compensation; proceedings generally.
(a) On the effective date of this section, the board of the
PROMISE scholarship program is abolished.
As soon as practical after the effective date of this
section, the governor shall appoint the West Virginia PROMISE
scholarship board of control comprised of fifteen members as
follows:
(1) The chairperson of the higher education policy commission or a designee who is a member of the commission;
(2) The chancellor of the higher education policy commission
or his or her designee;
(3) The state superintendent of schools or his or her
designee;
(4) The secretary of education and the arts;
(5) The state treasurer or his or her designee;
(6) Two members appointed by the governor from a list of six
persons nominated by the president of the Senate:
Provided, That
no more than two nominees may be from the same congressional
district;
(7) Two members appointed by the governor from a list of six
persons nominated by the speaker of the House of Delegates:
Provided, That no more than two nominees may be from the same
congressional district; and
(8) Six at-large private sector members representative of the
state's business and economic community who have knowledge, skill
and experience in an academic, business or financial field.
The ten appointed members shall be residents of the state.
The ten appointed members shall be appointed by the governor with
the advice and consent of the Senate. No more than six of the ten
appointed members may be from the same political party. No more
than four of the ten appointed members may be from the same
congressional district.
(b) Appointed members shall serve a term of four years and
may be reappointed at the expiration of their terms. In the event
of a vacancy among appointed members, the governor shall appoint
a person representing the same interests to fill the unexpired
term. A person appointed to fill a vacancy shall be appointed
only for the remainder of that term and is eligible for
reappointment. Unless a vacancy occurs due to death, resignation
or removal pursuant to subsection (e) of this section, an
appointed member of the board shall continue to serve until a
successor has been appointed and qualified as provided for in
subsection (a) of this section. Of the initial appointments, the
governor shall appoint three members to a one-year term, two
members to a two-year term, three members to a three-year term and
two members to a four-year term. Thereafter, all terms shall be
for four years.
(c) Members of the board shall serve without compensation,
but shall be reimbursed by the office of the secretary of
education and the arts for expenses, including travel expenses,
actually incurred by a member in the official conduct of the
business of the board at the same rate as is paid the employees
of the state.
(d) The secretary of education and the arts is the
chairperson and presiding officer of the board. A majority of the
members of the board constitute a quorum for the transaction of business.
(e) The members appointed by the governor may be removed by
the governor for official misconduct, incompetence, neglect of
duty or gross immorality, and then only in the manner prescribed
by law for the removal by the governor of the state elective
officers in accordance with section five, article six, chapter six
of this code.
§18C-7-5. Powers of the West Virginia PROMISE scholarship board
of control.
In addition to the powers granted by any other provision of
this article, the board has the powers necessary or convenient to
carry out the purposes and provisions of this article including,
but not limited to, the following express powers:
(a) To adopt and amend bylaws;
(b) To propose legislative rules for promulgation in
accordance with the provisions of article three-a, chapter
twenty-nine-a of this code to effectuate the purposes of this
article;
(c) To invest any of its funds at the board's discretion,
with the West Virginia investment management board in accordance
with the provisions of article six, chapter twelve of this code.
Any investments made under this article shall be made with the
care, skill, prudence and diligence under the circumstances then
prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an
enterprise of a like character and with like aims. Fiduciaries
shall diversify plan investments to the extent permitted by law
so as to minimize the risk of large losses, unless under the
circumstances it is clearly prudent not to do so;
(d) To execute contracts and other necessary instruments;
(e) To impose reasonable requirements for residency for
students applying for the PROMISE scholarship which shall include
that an eligible student must have completed at least one half of
the credits required for high school graduation in a public or
private high school in this state or have been provided
instruction in the home or other approved place under Exemption
B, section one, article eight, chapter eighteen of this code for
the two years immediately preceding application. However, nothing
in this subdivision may be construed to establish residency
requirements for matriculation or fee payment purposes at state
institutions of higher education;
(f) To contract for necessary goods and services, to employ
necessary personnel and to engage the services of private persons
for administrative and technical assistance in carrying out the
responsibilities of the scholarship program;
(g) To solicit and accept gifts, including bequests or other
testamentary gifts made by will, trust or other disposition,
grants, loans and other aids from any source or to participate in any other way in any federal, state or local governmental programs
in carrying out the purposes of this article;
(h) To define the terms and conditions under which
scholarships shall be awarded with the minimum requirements being
set forth in section six of this article; and
(i) To establish other policies, procedures and criteria
necessary to implement and administer the provisions of this
article.
§18C-7-6. Requirements for rules on PROMISE scholarship program;
recommendations by PROMISE scholarship board of control;
promulgation by higher education policy commission.
(a) The board shall recommend a legislative rule to the
higher education policy commission to implement the provisions of
this article. The higher education policy commission shall
promulgate a legislative rule in accordance with the provisions
of article three-a, chapter twenty-nine-a of this code which shall
include at least the following provisions:
(1) A requirement that a scholarship will not pay an amount
that exceeds the cost of tuition at state institutions of higher
education and may include an allowance for books and supplies;
(2) A requirement that the student shall first submit the
application/needs analysis form used to apply for federal student
aid programs along with an application for the PROMISE
scholarship.
(3) The amount of the PROMISE scholarship awarded in
combination with aid from all other sources shall not exceed the
cost of education at the institution the recipient is attending:
Provided, That this restriction does not apply to members of the
West Virginia National Guard, recipients of an Underwood-Smith
teacher scholarship, and recipients of a West Virginia
engineering, science and technology scholarship;
(4) Minimum requirements for eligibility for the scholarship
which include:
(A) A provision that a student is only eligible to apply for
a scholarship within two years of the time he or she graduates
from high school or, in the case of home school students, passes
the GED examination:
Provided, That if a student has entered the
United States armed services within two years after he or she
graduates from high school, the student is eligible to apply for
a scholarship within seven years of the time he or she enters
military service:
Provided, however, That once discharged from
the military, the student is only eligible to apply for one year
from the date of discharge;
(B) For individuals with zero to fifteen credits from an
institution of higher education, excluding credits earned in
advanced placement and dual credit courses while the student is
enrolled in high school, that the individual: (i) Maintain at
least a 3.0 grade point average in the required core and elective course work necessary to prepare students for success in post-
secondary education at the two-year and baccalaureate levels as
determined by the board; and (ii) Meet other criteria as
established by the board;
(C) For individuals with more than fifteen credits from an
institution of higher education, excluding credits earned in
advanced placement and dual credit courses while the student is
enrolled in high school, that the individual attain and maintain
appropriate academic progress toward the completion of a degree
at the undergraduate education level as defined by the board; and
(D) For all individuals, additional objective standards as
the board considers necessary to promote academic excellence and
to maintain the financial stability of the fund;
(5) A provision requiring the student to be enrolled in or in
the process of enrolling in an eligible institution as defined in
section three of this article;
(6) Provisions for making the highest and best use of the
PROMISE scholarship program in conjunction with the West Virginia
prepaid tuition trust act set forth in article thirty, chapter
eighteen of this code;
(7) A determination of whether to require scholarship
recipients to repay the amount of their scholarship, in whole or
in part, if they choose to work outside the state after
graduation;
(8) A determination of whether to set aside a portion of the
scholarship funds for targeted scholarships for applicants
accepted or enrolled in an engineering program, science program,
technology program or other designated programs;
(9) A determination of what other sources of funding for
higher education, if any, should be deducted from the PROMISE
scholarship award;
(10) A determination and clarification of the relationship of
PROMISE scholarship awards to all other aid a student may receive
to provide maximum coordination. The determination shall consider
the following:
(A) Methods to maximize student eligibility for federal
student aid dollars;
(B) A requirement that PROMISE scholarship awards not
supplant tuition and fee waivers; and
(C) Clarification of the relationship between the PROMISE
scholarship program, tuition savings plans and other state student
aid and loan programs;
(11) A method for the award of scholarships within the limits
of available appropriations; and
(12) A method for applicants to appeal determinations of
eligibility and continuation.
(b) The Legislature hereby declares that an emergency
situation exists and, therefore, the policy commission may establish by emergency rule, under the procedures of article
three-a, chapter twenty-nine-a of this code, a rule to implement
the provisions of this section. If established, the rules shall
be filed with the legislative oversight commission on education
accountability and with the office of the secretary of state on
or before the first day of September, two thousand one.
§18C-7-7. West Virginia PROMISE scholarship fund created.
(a) There is hereby created a special revenue fund in the
state treasury which shall be designated and known as the "PROMISE
scholarship fund". The fund shall consist of all appropriations
to the fund from the West Virginia lottery, video lottery, taxes
on amusement devices, and any other legislative appropriations,
and all interest earned from investment of the fund and any gifts,
grants or contributions received by the fund. The allocations to
the fund shall be subject to appropriation by the Legislature.
Nothing in this article shall require any specific level of
funding by the Legislature nor guarantee or entitle any
individual to any benefit or grant of funds.
(b) The board may expend the moneys in the fund to implement
the provisions of this article.
§18C-7-8. PROMISE scholarship supplemental fund recreated, and
promulgation of rules.
(a) The Legislature recognizes that the PROMISE scholarship
program may lead to an increased number of individuals attending the state institutions of higher education, and therefore, it may
contribute to increases in expenses greater than the additional
tuition income generated by increased enrollment. Therefore,
there is hereby created a special revenue fund in the state
treasury which shall be designated and known as the "PROMISE
scholarship supplemental fund". The fund shall consist of all
appropriations to the fund and all interest earned from the
investment of the fund and any gifts, grants or contributions
received by the fund. The board shall expend the moneys in this
fund to implement the provisions of this article and may only
expend the moneys for state institutions of higher education.
(b) The board shall promulgate rules for administering the
fund in accordance with article three-a, chapter twenty-nine-a of
this code. The rules shall include the following:
(1) Provisions for distributing the moneys from the fund to
state institutions of higher education:
Provided, That the funds
shall be divided among the state institutions of higher education
in a reasonable manner to reflect the actual distribution of
PROMISE scholarship students among the institutions; and
(2) A procedure for submitting a budget request to the
governor:
Provided, That nothing in this article shall require
any appropriation by the Legislature.
§18C-7-9. Legislative review and determination of the scope and
breadth of the charge of the statewide task force on student financial aid; legislative findings.
(a) The Legislature made findings and established goals for
post-secondary education as set forth in section one-a, article
one, chapter eighteen-b of this code which were enacted following
an in-depth study of the needs of the state for a strong system
of post-secondary education at the regular session of the
Legislature, two thousand. For the state to realize its
considerable potential in the twenty-first century, it must have
a system for the delivery of post-secondary education which is
competitive in the changing national and global environment, is
affordable within the fiscal constraints of the state and for the
state's residents to participate and has the capacity to deliver
the programs and services necessary to meet regional and statewide
needs. Among the greatest needs identified were to improve the
levels of adult functional literacy, increase degree production,
develop a system of comprehensive community and technical college
education, expand access to graduate education and increase
funding for the system of higher education generally so it has the
needed capacity to pursue the state's public policy agenda.
(b) The Legislature finds that the many various programs for
student financial aid, state and federal, are vital parts of a
system that will enable the state to meet its objectives to expand
and diversify the state's economy, increase the competitiveness
of the state's workforce and the availability of professional expertise, improve the levels of post-secondary educational
attainment of the state's residents and significantly improve the
level of adult functional literacy in the state. Therefore, the
Legislature hereby directs the statewide task force on student
financial aid pursuant to section nine, article fourteen, chapter
eighteen-b of this code to amend the scope and breadth of its
study to adequately consider issues relevant to implementation of
the PROMISE scholarship program.
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