Senate Bill No. 135
(By Senators Hunter, Unger, Foster, Wells, Tomblin, Mr.
President, Bowman, Minard, Edgell, Jenkins, Prezioso, Bailey,
Plymale, McCabe, Green, Sharpe, Helmick, Oliverio, Deem, Guills,
Chafin, Yoder, Fanning,
Love, Kessler, McKenzie, Stollings,
Barnes, White and Sypolt)
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[Introduced January 18, 2007; referred to the Committee on
Military; and then to the Committee on Finance.]
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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
providing that, in addition to children, spouses of deceased
service personnel are eligible for state-funded student
financial aid resources.
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 AND SPOUSES OF
DECEASED SOLDIERS, SAILORS, MARINES AND AIRMEN.
§18-19-1. Appropriation to provide educational opportunities.
(a) The purpose of this article is to provide educational opportunities for the children
and spouses 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, one thousand nine
hundred seventeen, to the second day of July, one thousand nine
hundred twenty-one, all dates inclusive;
(B) The Armed Forces of the United States of America at any
time between the first day of December, one thousand nine hundred
forty-one, and the declaration of peace by the Congress of the
United States, all dates inclusive;
(C) The Armed Forces of the United States of America at any
time between the twenty-seventh day of June, one thousand nine
hundred fifty, and the thirty-first day of January, one thousand
nine hundred fifty-five, all dates inclusive;
(D) The Armed Forces of the United States of America at any
time between the fifth day of August, one thousand nine hundred
sixty-four, and the seventh day of May, 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 this war service.
(b) For the purpose of this article, there 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 and ending on the thirtieth day of June of each year of the
next biennium to be used for the benefit of these children
and
spouses while attending post-secondary education or training
institutions.
(c) This benefit also shall be given to children
and spouses
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 includes any
child of a veteran who has been legitimized by operation of law
prior to the veteran's demise.
(e) The term "spouse" as used in this article includes any
spouse who remained married to the veteran prior to the veteran's
demise and who was neither the plaintiff nor defendant in any
active divorce or annulment proceedings against the veteran at the
time of 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, a child
or spouse set forth in section one of this article shall be:
(1) At least sixteen and not more than twenty-five years of age
in the case of a child, and not more than forty years of age in
the case of a spouse;
(2) Enrolled in a post-secondary education or training
institution in this state; and
(3) The child
or spouse of an enlistee who designated West
Virginia as his or her state of record.
(b) The application shall be made to, and upon forms provided
by, the West Virginia Division of Veterans' Affairs. The division
shall determine the eligibility of those who apply and the yearly
amount to be allotted each applicant. The amount, in the
discretion of the division, may vary from year to year, but may not
exceed the sum of one thousand dollars in any one semester or a
total of 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 the
educational opportunities.
§18-19-3. No tuition fees to be charged; how funds to be
expended; cessation of allowances.
(a) A state post-secondary education or training institution
may not charge tuition and fees to an eligible applicant attending
that institution pursuant to this article. The funds herein
appropriated shall be expended by the West Virginia Division of
Veterans' Affairs only for matriculation fees, board, room rent,
books, supplies and other necessary living expenses of those children.
(b) In the event that a child
or spouse eligible for a tuition
waiver pursuant to this section attends a private post-secondary
education or training institution where the tuition waiver is not
applicable, that child
or spouse remains eligible for up to two
thousand dollars per year in education benefits pursuant to section
two of this article.
(c) In addition to the tuition waiver available pursuant to
this section, a child
or spouse attending a state post-secondary
education or training institution is eligible for up to two
thousand dollars per year in education benefits as provided in
section two of this article.
(d) The division is charged with the duty of disbursing the
funds herein provided and shall draw its requisitions upon the
State Auditor for that purpose. In its discretion the division, if
satisfied as to the accuracy and amounts of the expenditures, shall
make the requisitions payable to the post-secondary education or
training institutions or to those furnishing to the children
or
spouses board, room rent, books, supplies and other necessary
living expenses.
(e) If a child
or spouse receiving benefits or tuition waivers
pursuant to this article withdraws from the institution, all
allowances to the child shall cease.
(f) A member or employee of the division may not receive any additional compensation for the services herein required.
(g) Acceptance of benefits or tuition waivers pursuant to this
article does not limit the acceptance of any other scholarship or
grant for which a student may be eligible.
(h) Notwithstanding the provisions of this article to the
contrary, until the first day of January, two thousand seven,
benefits received pursuant to this article may be used for
educational opportunities received at an education or training
institution that is below the post-secondary level.
NOTE: The purpose of this bill is to provide that in addition
to children, spouses of deceased service personnel are eligible for
state-funded student financial aid resources.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.