H. B. 3021
(By Delegate Frederick)
[Introduced February 14, 2003; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact section five, article seven, chapter
eighteen-c of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to the promise
scholarship generally; and providing that students who commute
from West Virginia to schools out-of-state may be eligible.
Be it enacted by the Legislature of West Virginia:
That section five, article seven, chapter eighteen-c of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR
MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP
PROGRAM.
§18C-7-5. Powers of the West Virginia PROMISE scholarship board of
control.
In addition to the powers granted by any other provision of
this article, the board has the powers necessary or convenient to
carry out the purposes and provisions of this article including,
but not limited to, the following express powers:
(a) To adopt and amend bylaws;
(b) To propose legislative rules for promulgation in
accordance with the provisions of article three-a, chapter
twenty-nine-a of this code to effectuate the purposes of this
article;
(c) To invest any of its funds at the board's discretion, with
the West Virginia investment management board in accordance with
the provisions of article six, chapter twelve of this code. Any
investments made under this article shall be made with the care,
skill, prudence and diligence under the circumstances then
prevailing that a prudent person acting in a like capacity and
familiar with such matters would use in the conduct of an
enterprise of a like character and with like aims. Fiduciaries
shall diversify plan investments to the extent permitted by law so
as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so;
(d) To execute contracts and other necessary instruments;
(e) To impose reasonable requirements for residency for
students applying for the PROMISE scholarship which shall include,
except for student residents of this state who commute to a school
outside this state who shall be eligible for this scholarship,
that
an eligible student must have completed at least one half of the
credits required for high school graduation in a public or private
high school in this state or have been provided instruction in the
home or other approved place under Exemption B, section one,
article eight, chapter eighteen of this code for the two years
immediately preceding application. However, nothing in this
subdivision may be construed to establish residency requirements
for matriculation or fee payment purposes at state institutions of
higher education;
(f) To contract for necessary goods and services, to employ
necessary personnel and to engage the services of private persons
for administrative and technical assistance in carrying out the
responsibilities of the scholarship program;
(g) To solicit and accept gifts, including bequests or other
testamentary gifts made by will, trust or other disposition, grants, loans and other aids from any source or to participate in
any other way in any federal, state or local governmental programs
in carrying out the purposes of this article;
(h) To define the terms and conditions under which
scholarships shall be awarded with the minimum requirements being
set forth in section six of this article; and
(i) To establish other policies, procedures and criteria
necessary to implement and administer the provisions of this
article.
NOTE: The purpose of this bill is to provide that student
residents of this state who commute to school in another state is
eligible for the Promise scholarship program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.