Senate Bill No. 427
(By Senators Prezioso, Helmick and Kimble)
[Introduced February 6, 1998; referred to the Committee on
A BILL to amend chapter eighteen-c of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article one-a, relating to
higher education and financial assistance; adopting the
selective service registration awareness and compliance act;
definitions; and prohibiting enrollment in state-supported
institutions of post-secondary higher education and
financial assistance without compliance with the military
selective service act.
Be it enacted by the Legislature of West Virginia:
That chapter eighteen-c of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article one-a, to read
ARTICLE 1A. SELECTIVE SERVICE REGISTRATION AWARENESS AND
COMPLIANCE ACT OF 1998.
§18C-1A-1. Short title.
This article shall be known as the "Selective Service
Registration Awareness and Compliance Act of 1998."
§18C-1A-2. Legislative declarations.
The Legislature finds that 50 United States Code App. 451 et
seq. (military selective service act) requires all male citizens
and every other male person residing in the United States, except
for lawfully admitted nonimmigrant aliens, upon reaching their
eighteenth birthday to register with the selective service
system. The Legislature further finds that federal statutes
limit eligibility for federal student financial assistance and
eligibility for employment within the executive branch of the
federal government to persons who are in compliance with the
requirements of the military selective service act.
"Person" means any male person upon reaching his eighteenth
birthday, and until reaching the age of twenty-six.
"The Military Selective Service Act" means 50 U.S.C. App.
451 et seq.
§18C-1A-4. Compliance required.
A person may not enroll in a state-supported institution of postsecondary higher education unless he is in compliance with
the military selective service act.
A person may not receive a loan, grant, scholarship, or
other financial assistance for postsecondary higher education
funded by state revenue, including federal funds or gifts and
grants accepted by this state, or receive a student loan
guaranteed by the state unless he is in compliance with the
military selective service act.
It is the duty of all officials having charge of and
authority over state-supported institutions of postsecondary
higher education, and the granting of state-supported financial
assistance for postsecondary higher education as described in
this article to assure themselves that applicants are in
compliance with the military selective service act.
A person may not be denied a right, privilege, or benefit
under this article by reason of failure to present himself for
and submit to the requirement to register pursuant to the
military selective service act if:
(1)The requirement for the person to so register has
terminated or becomes inapplicable to the person; and
(2)The person is or has already served in the armed forces
or has a condition that would preclude acceptability for military
NOTE: The purpose of this bill is to encourage compliance
with the Military Selective Service Act and to protect the
eligibility of the citizens of this state who are subject to the
provisions of the federal statute to receive federal financial
assistance for postsecondary education, and for employment with
the executive branch of the federal government. The Selective
Service Registration Awareness and Compliance Act requires
persons subject to the provisions of the federal Military
Selective Service Act to be in compliance with the requirements
of that federal statute as a condition of eligibility for
enrollment at a state-supported institution of postsecondary
higher education, or for state-supported scholarships, programs
of financial assistance funded by state revenue including federal
funds, gifts, or grants accepted by the state.
Article 1A is new; therefore, strike-throughs and
underscoring have been omitted.