COMMITTEE SUBSTITUTE

FOR

H. B. 4486

(By Mr. Speaker, Mr. Kiss, and Delegates Stemple,

Cann, Kominar, Stalnaker, Amores, Michael,

Campbell, Perry, Hartman and Browning)


(Originating in the House Committee on Finance)

[February 23, 2006]


A BILL to amend and reenact §15-1B-16 and §15-1B-21 of the Code of West Virginia, 1931, as amended, all relating to the National Guard generally; providing for the payment of tuition and fees for postgraduate courses for members of the National Guard; and increasing the base pay of members of the National Guard while in active service to the state.

Be it enacted by the Legislature of West Virginia:
That §15-1B-16 and §15-1B-21 of the Code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
ARTICLE 1B. NATIONAL GUARD.
§15-1B-16. Pay and allowances.
(a) Pay and allowances for officers and enlisted personnel of the National Guard for drill, encampment or other duty for training prescribed or ordered by the federal government, shall be such as are provided by the laws of the United States.
(b) Officers and enlisted personnel of the National Guard in active service of the state shall receive the same pay and allowances, in accordance with their rank and service, as are prescribed for the Armed Forces of the United States: Provided, That no member of the National Guard shall receive base pay of less than seventy-five one hundred dollars per day while he or she is in active service of the state.
(c) Notwithstanding any of the provisions of this article, members of the National Guard, may, with their consent, perform without pay, or without pay and allowances, any duties prescribed by section thirteen of this article pursuant to competent orders therefor: Provided, That necessary expenses may be furnished such personnel within the discretion of the adjutant general.
§15-1B-21. Tuition and fees for guard members at institutions of higher education.

(a) Any member of the National Guard who is enrolled in a course of undergraduate or post-graduate study and is attending any accredited college, university, business or trade school located in West Virginia or is attending any aviation school located in West Virginia for the purpose of taking college-credit courses, may be entitled to payment of tuitions and fees at that college, university, business or trade school or aviation school during the period of his or her service in the National Guard: Provided, That the Adjutant General may prescribe criteria of eligibility for payment of tuition and fees at the college, university, business or trade school or aviation school: Provided, however, That the payment is contingent upon appropriations being made by the Legislature for this express purpose.
(b) The amount of the payment for members attending a state-supported school shall be determined by the Adjutant General and may not exceed the actual amount of tuition and fees at the school. The amount of the payment for members attending a private school shall be determined by the Adjutant General, but in no event may it exceed the highest amounts payable at any state-supported school.
(c) Any member of the National Guard who is enrolled in a course of postgraduate study and is attending any accredited college or university located in West Virginia, and is receiving payments under the Army continuing education system, may be entitled to payment of tuition and fees at that college or university during his or her period of service in the National Guard: Provided, That the sum of payments received under this subsection and the Army continuing education system may not exceed the actual amount of tuition and fees at the school and in no event may exceed the highest amounts payable at any state-supported school. The payments are contingent upon appropriations being made by the Legislature for this express purpose For the purposes of this section, postgraduate study includes the pursuit of a masters, doctoral or professional degree.
(d) The Adjutant General may, in lieu of the tuition payment authorized by this section, pay an amount equal to the amount of tuition which otherwise would have been paid, directly to members of the West Virginia National Guard who are participating in the PROMISE scholarship program provided in article seven, chapter eighteen-c of this code.
(e) A member of the West Virginia National Guard who is receiving payments for tuition and fees under this section, and is discharged from the military service due to wounds or injuries received in the line of duty, may continue to receive payments for tuition and fees under this section as if he or she were still a member of the West Virginia National Guard.
(f) The Adjutant General shall administer the tuition and fee payments authorized under this section and shall propose policies to implement the provisions of this section.



NOTE: The purpose of this bill is to set a minimum base pay for members of the National Guard and provides tuition payment for the cost of post-graduate courses of members.

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