H. B. 2434
(By Delegate Pino)
[Introduced January 20, 2003; referred to the
Committee on Veterans Affairs and Homeland Security then
Finance.]
A BILL to amend chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-two-e,
relating to creation of the "Supplement to West Virginia
Veterans Education Benefits Program Fund"; providing that
resident veterans receive a certain monthly benefit when
attending a public institution of higher education in this
state; providing for the "Supplement to West Virginia Veterans
Higher Education Benefits Program Commission"; designating
members of the commission; authorizing the commission to
enlist aid of clerical help; setting forth eligibility
requirements; and providing that the new law does not create
an entitlement to benefits.
Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article twenty-two-e, to read as
follows:
ARTICLE 22E. THE SUPPLEMENT TO WEST VIRGINIA VETERANS HIGHER
EDUCATION BENEFITS PROGRAM.
§18-22E-1. Supplement to West Virginia veterans higher education
benefits program
fund.
There is hereby created in the state treasury a fund,
designated the "Supplement to West Virginia Veterans Higher
Education Benefits Program Fund." Moneys in this fund shall be
distributed in accordance with the provisions of this article. The
purpose of this fund is to provide a source of economic assistance
to resident veterans of this state who were residents when they
began their military service and who, upon honorable discharge from
military service, choose to attend a public institution of higher
education located in this state. In addition to any funds
appropriated by the Legislature, the supplement to West Virginia
veterans higher education benefits program fund may receive
donations of cash or property from other sources, including gifts,
grants, or donations from any source whatsoever: Provided, That
expenditures may be made from this fund only upon appropriation by
the Legislature.
§18-22E-2. Supplement to West Virginia veterans higher education
benefits program commission; composition; meetings.
There is hereby created the supplement to West Virginia
veterans higher education benefits program commission. The
commission is composed of the chancellor for each governing board
of higher education in this state, the adjutant general of the
state and the presidents of West Virginia and Marshall Universities
respectively. In addition, the governor shall appoint three
additional members to the commission no later than the thirty-first
day of August, two thousand four. These additional members shall
include a certified public accountant, an investment broker
holding, at a minimum, a master's degree in economics, business or
finance, and a member of the public at large holding, at a minimum,
a four-year degree from an accredited institution of higher
education. The commission shall hold its first meeting no later
than the last day of September, two thousand four. The term of
office for each member appointed by the governor is five years. No
more than two of the three members appointed by the governor may be
from the same political party. Members shall serve without
remuneration and shall meet at least quarterly. Special meetings
may be called. The purposes of the commission are as follows: To
make an annual recommendation to the Legislature regarding
appropriations from the supplement to West Virginia veterans higher
education benefits program fund; to advertise the existence of the
fund and its purpose; to administer the fund and to insure its
financial solvency and integrity throughout the process of investment and dispersement; to seek private and public sources of
moneys for deposit in the fund; and to provide for a screening
process to insure only eligible military veterans qualify to
receive awards from the fund. To these ends the commission is
authorized to incur reasonable expenses to enlist clerical
assistance and clerical supplies in order to administer
dispersements to qualified applicants in accordance with the
provisions of section three of this article. The commission shall
also propose legislative rules to carry out the purposes of this
article. The commission's recommendation to the Legislature
regarding appropriations shall be made in writing no later than the
second Wednesday of January, two thousand five, and the second
Wednesday of each year thereafter.
§18-22E-3. Residential veterans eligible for monthly assistance
while attending institution of higher education in
this state.
Any military veteran, who was a resident of this state at the
inception of his or her service in the United States armed services
who, within one year of being honorably discharged and while
maintaining residential status, enrolls in a public institution of
higher learning in this state, is eligible to receive a monthly
stipend of fifty dollars payable from the supplement to West
Virginia veterans higher education benefits program fund provided
under section one of this article: Provided, That any recipient of funds provided for by this article must be in attendance at a state
institution of higher education carrying a class load of at least
fifteen hours each semester to receive benefits: Provided,
however, That no accumulation of benefits paid to a recipient
hereunder may exceed two thousand dollars: Provided further, That
this article may not be construed as creating an entitlement to
benefits and is subject to the availability of adequate funding and
legislative appropriation.
NOTE: The purpose of this bill is to create the "Supplement to
West Virginia Veterans Higher Education Benefits Program Fund."
The bill provides that resident veterans honorably discharged, who
were residents at the inception of military service, may receive a
$50.00 per month stipend if they attend a state institution of
higher education. The bill creates a funding source and a
commission to carry out the purposes of the legislation.
This article is new; therefore, strike-throughs and
underscoring have been omitted.