COMMITTEE SUBSTITUTE

FOR

H. B. 2052


(By Delegates Williams and Mezzatesta)

(Originating in the Committee on Education)


[January 10, 2003]


A BILL to amend article one, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five; to amend and reenact section three, article seven of said chapter; and to further amend said article by adding thereto a new section, designated section three-a, all relating to higher education; student financial aid; defined terms; expanding definition of "eligible institution"; award eligibility in certain circumstances; and establishing funding priority for student financial aid in certain circumstances.

Be it enacted by the Legislature of West Virginia:
That article one, chapter eighteen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five; that section three, article seven of said chapter be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section three-a, all to read as follows:
ARTICLE 1. FINANCIAL ASSISTANCE GENERALLY.

§18C-1-5. Funding priority.

The Legislature finds that student financial aid is of great importance to the welfare of the citizens of the state, is a valuable economic development resource to the state and has priority over funding necessities in circumstances requiring budget reductions to any institution or commission of higher education. When budget reductions to higher education funds are required, each entity shall strive to maintain the current levels of student financial aid, and may not reduce the student financial aid funding level appropriated by the Legislature prior to reducing all other appropriations to higher education funds except those higher education funds which appropriate debt service. If reduced, a financial aid appropriation shall be reduced in a proportion lesser than that of other spending accounts.
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP PROGRAM.

§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 may not be included as an eligible institution; or
(3) Any other regionally or nationally accredited institution in this state, public or private, approved by the board; or
(4) Any allied health or hospital-based training program in the state that leads to state licensure.
 (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-7-3a. Award eligibility for students in certain programs.

(a) Any eligible applicant who declined a PROMISE scholarship award in the two thousand two - two thousand three academic year shall receive an award in the two thousand three - two thousand four academic year if that student:
(1) Attended an allied health or hospital-based training program in the state that leads to state licensure;
(2) Has not completed the training program; and
(3) Meets the continuing eligibility requirements of the scholarship program .
(b) The continuing eligibility requirements of the scholarship program apply to subsequent awards of any student receiving an award pursuant to this section.



Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.