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
(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.
If any institution listed in this subdivision is not regionally
accredited, it shall may not be included as an eligible
(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
§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