Senate Bill No. 565

(By Senators Weeks, Hunter, Boley, Dempsey, Minard and Yoder)

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[Originating in the Committee on Military;


reported February 14, 2006.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-19A-1, §18-19A-2, §18-19A-3 and §18-19A-4, all relating to providing an educational opportunities benefit for certain spouses of those who have died as a result of certain military service.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §18-19A-1, §18-19A-2, §18-19A-3 and §18-19A-4, all to read as follows:
ARTICLE 19A. EDUCATIONAL OPPORTUNITIES FOR SPOUSES OF DECEASED SOLDIERS, SAILORS, MARINES AND AIRMEN.

§18-19A-1. Benefit for educational opportunities.
(a) The purpose of this article is to, the extent funds are appropriated or otherwise made available, provide educational opportunities for the spouse of an individual:
(1) Who served in:
(A) The Army, Navy or Marine Corps of the United States during the world war from the sixth day of April, one thousand nine hundred seventeen, to the second day of July, one thousand nine hundred twenty-one, all dates inclusive;
(B) The Armed Forces of the United States of America at any time between the first day of December, one thousand nine hundred forty-one, and the declaration of peace by the Congress of the United States, all dates inclusive;
(C) The Armed Forces of the United States of America at any time between the twenty-seventh day of June, one thousand nine hundred fifty, and the thirty-first day of January, one thousand nine hundred fifty-five, all dates inclusive;
(D) The Armed Forces of the United States of America at any time between the fifth day of August, one thousand nine hundred sixty-four, and the seventh day of May, one thousand nine hundred seventy-five, all dates inclusive; or
(E) The Armed Forces of the United States of America at any time during which the forces or members of the reserve components are called to active duty by the President of the United States under Title 10 of the United States Code for the purpose of entering into armed combat; and
(2) Who were killed in action or have died or may hereafter die from disease or disability resulting from this war service.
(b) The benefit provided under this article shall also be given to the spouse of a service member killed during hostile actions as defined by the division.
§18-19A-2. Eligibility of applicant for benefits; application forms; preference.

(a) To be eligible for the benefits provided under this article, a spouse is required to be:
(1) Enrolled in an education or training institution; and
(2) The spouse of an enlistee who gave West Virginia as his or her state of record.
(b) On and after the first day of January, two thousand seven, any benefits provided pursuant to this article are for the purpose of post-secondary education only.
(c) The application shall be made to, and upon forms provided by, the West Virginia Division of Veterans' Affairs. The division shall determine the eligibility of those who submit an application and the yearly amount to be allotted each applicant. The amount, in the discretion of the division, may vary from year to year, but may not exceed the sum of one thousand dollars in any one semester or a total of up to two thousand dollars in any one year. In selecting those to receive the benefits of this article, preference shall be given those who are otherwise financially unable to secure the educational opportunities.
§18-19A-3. No tuition fees to be charged; how funds to be expended; cessation of allowances.

(a) Tuition fees may not be charged eligible applicants attending any state education or training institution and the funds made available for the benefits provided under this article may be expended by the West Virginia Division of Veterans' Affairs only for matriculation fees, board, room rent, books, supplies and other necessary living expenses of those spouses.
(b) In the event that a spouse eligible for a tuition waiver pursuant to this section attends a private education or training institution or an out-of-state education or training institution where tuition waivers as set forth in this section would not be applicable, that spouse is still eligible for not more than two thousand dollars per year in education benefit, as set forth in section two of this article. A spouse receiving a tuition waiver at a state education or training institution may in addition receive the education benefit in an amount not to exceed two thousand dollars per year, as set forth in section two of this article.
(c) The division is charged with the duty of disbursing funds made available for the purposes of this article and shall draw its requisitions upon the auditor for that purpose. In the discretion of the division, if satisfied as to the correctness and amounts of the expenditures, requisitions may be made payable to the education or training institutions or to those furnishing to the spouses board, room rent, books, supplies and other necessary living expenses.
(d) Should any spouse eligible for benefits or tuition waivers pursuant to this article withdraw from an education or training institution, all allowances to the spouse shall cease.
(e) No member or employee of the division may receive any additional compensation for the services required in this article.
(f) Acceptance of benefits or tuition waivers pursuant to this article does not limit the acceptance of any other scholarships or grants for which the student may be eligible.
§18-19A-4. Spouse Educational Opportunities Benefit Account.
There is created in the State Treasury a separate special revenue account, which is an interest bearing account, named the "Spouse Educational Opportunities Benefit Account." The special revenue account consists of all appropriations made by the Legislature, income from the investment of moneys held in the special revenue account and all other sums available for deposit to the special revenue account from any source, public or private. Any balance remaining in the special revenue account at the end of any state fiscal year does not revert to the General Revenue Fund but remains in the special revenue account and may be used only in a manner consistent with this article.



NOTE: The purpose of this bill is to authorize an educational opportunities benefit for spouses of deceased members of the Armed Forces or members of the reserve components called to active duty by the President of the United States for the purpose of entering into armed combat.

This article is new; therefore, strike-throughs and underscoring have been omitted.