ENROLLED
COMMITTEE SUBSTITUTE
FOR
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 373
(By Senators Tomblin (Mr. President) and Caruth,
By Request of the Executive)
____________
[Passed April 11, 2009; to take effect July 1, 2009.]
____________
AN ACT to
repeal §18C-7-8 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section,
designated §18B-1D-9; to amend and reenact §18B-2A-1 of said
code;
to
amend and reenact §18C-1-1, §18C-1-4 and §18C-1-5 of
said code; to amend and reenact §18C-7-3, §18C-7-4, §18C-7-5,
§18C-7-6 and §18C-7-7 of said code; and to amend and reenact
§29-22-18a of said code, all relating to higher education in
West Virginia generally; requiring training and development
opportunities for members of the Higher Education Policy
Commission, the Council for Community and Technical College
Education and the institutional governing boards; revising
criteria for membership of certain institutional governing board and designating the manner in which the membership is
determined; requiring the Governor to consider certain factors
and seek a certain balance when appointing members;
reconstituting the Higher Education Student Financial Aid
Advisory Board; providing for member appointments; setting
forth member qualifications and terms of office; setting forth
duties of the advisory board; modifying conditions upon which
students who attended high school outside the state may be
eligible for certain financial aid;
dissolving the PROMISE
Scholarship Board and transferring its powers and duties to
the Higher Education Policy Commission and under the
administration of the Vice Chancellor for Administration;
requiring the Vice Chancellor for Administration to submit an
annual report; defining terms; authorizing investment of
certain funds with the West Virginia Investment Management
Board; increasing the aggregate and excess lottery amounts the
Legislature intends to allocate to PROMISE scholarship program
for certain fiscal years; setting a minimum amount for the
PROMISE scholarship annual award and authorizing the Higher
Education Policy Commission to provide annual awards greater
than the minimum under certain circumstances if funds are
available; increasing flexibility for adjusting requirements
to receive a PROMISE scholarship;
providing conditions under
which PROMISE scholarship annual awards are continued to certain students under certain circumstances; establishing
citizenship and legal immigrant conditions of eligibility for
a PROMISE scholarship; clarifying that a PROMISE scholarship
may supplement certain tuition and fee waivers; and
authorizing the Higher Education Policy Commission to
promulgate rules.
Be it enacted by the Legislature of West Virginia:
That §18C-7-8 of the Code of West Virginia, 1931, as amended,
be repealed; that said code be amended by adding thereto a new
section, designated §18B-1D-9; that §18B-2A-1 of said code be
amended and reenacted; that §18C-1-1, §18C-1-4 and §18C-1-5 of said
code be amended and reenacted; that §18C-7-3, §18C-7-4, §18C-7-5,
§18C-7-6 and §18C-7-7 of said code be amended and reenacted; and
that §29-22-18a
of said code be amended and reenacted, all to read
as follows:
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 1D. HIGHER EDUCATION ACCOUNTABILITY.
§18B-1D-9. Commission, council and institutional governing board
training and development; training and development
requirements, applicability and exceptions.
(a) The commission and council, either jointly or separately,
shall coordinate periodic training and development opportunities
for members of the commission, council and institutional governing
boards as provided in this section.
(b) Within six months of beginning service on the commission,
council or a governing board, each new member shall complete at
least three hours of training and development. The training and
development shall address the following topics:
(1) State goals, objectives and priorities for higher
education;
(2) The accountability system for higher education set forth
in this article;
(3) The general powers and duties of members; and
(4) Ethical considerations arising from board membership.
(c) With the exception of the ex officio members of the
commission and the council and the student member of a governing
board, each member shall complete at least six hours of training
and development related to his or her duties within two years of
beginning service and within every two years of service thereafter.
(d) By July 31 each year, the chair of the commission, council
and each governing board shall certify to the commission or
council, as appropriate, the number of hours of training and
development that each member received during the preceding fiscal
year.
(e) If the certification indicates that a board member has not
completed the training and development required by this section,
the commission or council, as appropriate, shall send a notice to
the Governor and the Secretary of State or to the institutional appointing entity that the board member is disqualified from
continued service notwithstanding the provisions of sections five
and six, article six, chapter six of this code. The commission or
council, as appropriate, shall request the Governor or appointing
entity to appoint a replacement for that board member.
(f) By September 30 each year, the commission and council
shall report to the Legislative Oversight Commission on Education
Accountability on the training and development that members of the
commission and the council and the governing boards under their
respective jurisdictions have received during the preceding fiscal
year and shall include this information in the institutional and
statewide report cards provided in section eight of this article.
(g) As used in this section, "member" means all members of the
commission, council and the governing boards unless a specific
exception is provided in this section.
ARTICLE 2A. INSTITUTIONAL BOARDS OF GOVERNORS.
§18B-2A-1. Findings; composition of boards; terms and
qualifications of members; vacancies; eligibility
for reappointment.
(a) Findings. --
The Legislature finds that the State of West Virginia is
served best when the membership of each governing board includes
the following:
(1) The academic expertise and institutional experience of faculty members and a student of the institution governed by the
board;
(2) The technical or professional expertise and institutional
experience of a classified employee of the institution governed by
the board;
(3) An awareness and understanding of the issues facing the
institution governed by the board; and
(4) The diverse perspectives that arise from a membership that
is balanced in terms of gender and varied in terms of race and
ethnic heritage.
(b) Boards of governors established. --
A board of governors is continued at each of the following
institutions: Bluefield State College, Blue Ridge Community and
Technical College, The Community and Technical College at West
Virginia University Institute of Technology, Concord University,
Eastern West Virginia Community and Technical College, Fairmont
State University, Glenville State College, Marshall Community and
Technical College, Marshall University, New River Community and
Technical College, Pierpont Community and Technical College,
Shepherd University, Southern West Virginia Community and Technical
College, West Liberty State University, West Virginia Northern
Community and Technical College, the West Virginia School of
Osteopathic Medicine, West Virginia State Community and Technical
College, West Virginia State University, West Virginia University and West Virginia University at Parkersburg.
(c) Board Membership. --
(1) An appointment to fill a vacancy on the board or
reappointment of a member who is eligible to serve an additional
term is made in accordance with the provisions of this section.
(2) The board of governors for Marshall University consists of
sixteen persons. The board of governors for West Virginia
University consists of seventeen persons. The boards of governors
of the other state institutions of higher education consist of
twelve persons.
(3) Each board of governors includes the following members:
(A) A full-time member of the faculty with the rank of
instructor or above duly elected by the faculty of the respective
institution;
(B) A member of the student body in good academic standing,
enrolled for college credit work and duly elected by the student
body of the respective institution; and
(C) A member from the institutional classified employees duly
elected by the classified employees of the respective institution;
(4) For the board of governors at Marshall University,
thirteen lay members appointed by the Governor, by and with the
advice and consent of the Senate, pursuant to this section;
(5) For the board of governors at West Virginia University,
twelve lay members appointed by the Governor, by and with the advice and consent of the Senate, pursuant to this section, and
additionally:
(A) The chairperson of the board of visitors of West Virginia
University Institute of Technology;
(B) A full-time faculty member representing the extension
service at the institution or a full-time faculty member
representing the health sciences, selected by the faculty senate.
(6) For each board of governors of the other state
institutions of higher education, nine lay members appointed by the
Governor, by and with the advice and consent of the Senate,
pursuant to this section.
(A) Of the nine members appointed by the Governor, no more
than five may be of the same political party. Of the thirteen
members appointed by the Governor to the governing board of
Marshall University, no more than eight may be of the same
political party. Of the twelve members appointed by the Governor
to the governing board of West Virginia University, no more than
seven may be of the same political party.
(B) Of the nine members appointed by the Governor, at least
five shall be residents of the state. Of the thirteen members
appointed by the Governor to the governing board of Marshall
University, at least eight shall be residents of the state. Of the
twelve members appointed by the Governor to the governing board of
West Virginia University, at least seven shall be residents of the state.
(7) In making lay appointments, the Governor shall consider
the institutional mission and membership characteristics including
the following:
(A) The need for individual skills, knowledge and experience
relevant to governing the institution;
(B) The need for awareness and understanding of institutional
problems and priorities, including those related to research,
teaching and outreach;
(C) The value of gender, racial and ethnic diversity; and
(D) The value of achieving balance in gender and diversity in
the racial and ethnic characteristics of the lay membership of each
board.
(d) Board member terms. --
(1) The student member serves for a term of one year. Each
term begins on the first day of July.
(2) The faculty member serves for a term of two years. Each
term begins on the first day of July. Faculty members are eligible
to succeed themselves for three additional terms, not to exceed a
total of eight consecutive years.
(3) The member representing classified employees serves for a
term of two years. Each term begins on the first day of July.
Members representing classified employees are eligible to succeed
themselves for three additional terms, not to exceed a total of eight consecutive years.
(4) The appointed lay citizen members serve terms of up to
four years each and are eligible to succeed themselves for no more
than one additional term.
(5) A vacancy in an unexpired term of a member shall be filled
for the unexpired term within thirty days of the occurrence of the
vacancy in the same manner as the original appointment or election.
Except in the case of a vacancy, all elections are held and all
appointments are made no later than June 30 preceding the
commencement of the term. Each board of governors shall elect one
of its appointed lay members to be chairperson in June of each
year. A member may not serve as chairperson for more than four
consecutive years.
(6) The appointed members of the boards of governors serve
staggered terms of up to four years except that four of the initial
appointments to the governing boards of community and technical
colleges that became independent July 1, 2008, are for terms of two
years and five of the initial appointments are for terms of four
years.
(e) Board member eligibility, expenses. --
(1) A person is ineligible for appointment to membership on a
board of governors of a state institution of higher education under
the following conditions:
(A) For a baccalaureate institution or university, a person is ineligible for appointment who is an officer, employee or member of
any other board of governors; an employee of any institution of
higher education; an officer or member of any political party
executive committee; the holder of any other public office or
public employment under the government of this state or any of its
political subdivisions; an employee of any affiliated research
corporation created pursuant to article twelve of this chapter; an
employee of any affiliated foundation organized and operated in
support of one or more state institutions of higher education; or
a member of the council or commission. This subsection does not
prevent the representative from the faculty, classified employees,
students or the superintendent of a county board of education from
being members of the governing boards.
(B) For a community and technical college, a person is
ineligible for appointment who is an officer, employee or member of
any other board of governors; a member of a board of visitors of
any public institution of higher education; an employee of any
institution of higher education; an officer or member of any
political party executive committee; the holder of any other public
office, other than an elected county office, or public employment,
other than employment by the county board of education, under the
government of this state or any of its political subdivisions; an
employee of any affiliated research corporation created pursuant to
article twelve of this chapter; an employee of any affiliated foundation organized and operated in support of one or more state
institutions of higher education; or a member of the council or
commission. This subsection does not prevent the representative
from the faculty, classified employees or students from being
members of the governing boards.
(2) Before exercising any authority or performing any duties
as a member of a governing board, each member shall qualify as such
by taking and subscribing to the oath of office prescribed by
section five, article IV of the Constitution of West Virginia and
the certificate thereof shall be filed with the Secretary of State.
(3) A member of a governing board appointed by the Governor
may not be removed from office by the Governor except for official
misconduct, incompetence, neglect of duty or gross immorality and
then only in the manner prescribed by law for the removal of the
state elective officers by the Governor.
(4) The members of the board of governors serve without
compensation, but are reimbursed for all reasonable and necessary
expenses actually incurred in the performance of official duties
under this article upon presentation of an itemized sworn statement
of expenses.
(5) The president of the institution shall make available
resources of the institution for conducting the business of its
board of governors. All expenses incurred by the board of
governors and the institution under this section are paid from funds allocated to the institution for that purpose.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
ARTICLE 1. FINANCIAL ASSISTANCE GENERALLY.
§18C-1-1. Legislative findings; purpose; administration generally;
reporting.
(a) The Legislature makes the following findings:
(1) Although enrollments in institutions of higher education
in this state and throughout the nation continue to increase at a
rapid pace, West Virginia has not developed sufficiently the
state's human talent and resources because many able, but needy,
students are not able to finance a higher education program;
(2) The state can achieve its full economic and social
potential only when the following elements are in place:
(A) Every individual has the opportunity to contribute to the
full extent of his or her capability; and
(B) The state assists in removing financial barriers to the
individual's education goals that remain after he or she has used
all resources and work opportunities available;
(b) The ultimate state goal in providing student financial aid
is to create a culture that values education, to improve the
quality of the workforce and to enhance the quality of life for the
citizens of West Virginia.
(c) The Vice Chancellor for Administration has a ministerial duty to administer, oversee and monitor all state and federal
student financial aid programs administered at the state level in
accordance with established rules under the direction of the
commission and council and in consultation with the Higher
Education Student Financial Aid Advisory Board.
(d) These programs include, but are not limited to, the
following programs:
(1) The Guaranteed Student Loan Program, which may be
administered by a private nonprofit agency;
(2) The Medical Student Loan Program;
(3) The Underwood-Smith Teacher Scholarship Program;
(4) The Engineering, Science and Technology Scholarship
Program;
(5) The West Virginia Higher Education Grant Program;
(6) The Higher Education Adult Part-Time Student Grant
Program;
(7) The West Virginia Providing Real Opportunities for
Maximizing In-State Student Excellence (PROMISE) Scholarship
Program;
(8) The Higher Education Student Assistance Loan Program
established pursuant to article twenty-two-d, chapter eighteen of
this code;
(9) The West Virginia College Prepaid Tuition and Savings
Program established pursuant to article thirty, chapter eighteen of this code, which is administered by the State Treasurer;
(10) The state aid programs for students of optometry,
pursuant to article three of this chapter;
(11) The state aid programs for students of veterinary
medicine pursuant to section six-a, article eleven, chapter
eighteen of this code;
(12) Any reciprocal program and contract program for student
aid established pursuant to sections three and four, article four,
chapter eighteen-b of this code;
(13) Any other state-level student aid programs in this code;
and
(14) Any federal grant or contract student assistance or
support programs administered at the state level.
(e) Notwithstanding any provision of this chapter to the
contrary, the Vice Chancellor for Administration shall prepare a
single, comprehensive report regarding the implementation of the
financial aid programs identified in subsection (d) of this section
which are administered under his or her supervision. The report
shall be provided to the commission and the council and shall be
presented to the Legislative Oversight Commission on Education
Accountability no later than November 30, 2009, and annually
thereafter. The report shall address all financial aid issues for
which reports are required in this code, as well as any findings
and recommendations.
§18C-1-4. Eligibility of commuting students and children of
military personnel for state funded student financial aid,
grants and scholarships.
(a) Notwithstanding any other provision of this code or rule
to the contrary, a student who attended a public or private high
school outside the state is eligible for state funded student
financial aid, grants and scholarships if:
(1) The student meets all other eligibility requirements for
the aid, grant or scholarship; and
(2) The student resided in West Virginia while attending high
school in another state, and:
(A) The student resided with his or her parent or legal
guardian who:
(i) Was a resident of this state; and
(ii) Had been a resident of this state for at least two years
immediately preceding the student's attendance at the school;
(B) The student commuted during the school term on a daily
basis from this state to the school;
(C) The student is a dependent of the parent or legal guardian
upon which eligibility is based;
(D) The student has not established domicile outside the
state; and
(E) At the discretion of the State Superintendent of Schools,
as defined in section one, article one, chapter eighteen of this code:
(i) The school is fully accredited in that state to the degree
acceptable to the State Superintendent of Schools; and
(ii) The school's curriculum requirements for graduation are
equivalent to the curriculum requirements for graduation in this
state, or sufficiently similar to those requirements, as determined
by the State Superintendent of Schools; or
(3) The student resided and attended high school in another
state or a United States territory, United States possession or
foreign country and:
(A) The student resided with his or her parent or legal
guardian; and
(B) The student's parent or legal guardian:
(i) Served in the United States armed forces while the student
attended high school in such state, territory, possession or
country;
(ii) Was stationed for military purposes in such state,
territory, possession or country; and
(iii) Maintained legal residence in West Virginia while
stationed in such state, territory, possession or country.
(b) This section does not alter, amend or extend any
application deadlines or other requirements established by law or
policy.
§18C-1-5. Higher Education Student Financial Aid Advisory Board.
(a) The Higher Education Student Financial Aid Advisory Board
is established.
(b) The purpose of the board is to provide financial aid
expertise and policy guidance to the commission, the council and
the Vice Chancellor for Administration on all matters related to
federal, state and private student financial aid resources and
programs.
(c) It is the intent of the Legislature that the advisory
board:
(1) Recommend methods to balance the needs of state students
from all levels of financial need and academic ability;
(2) Recommend methods for achieving a comprehensive system of
student financial aid to maximize the return on the state's
investment in student financial aid programs by increasing the
skills, qualifications and education achievement of the citizens
receiving the benefits;
(3) Recommend methods to coordinate state-funded student
financial aid programs so that the state achieves the appropriate
blend of programs to expand the range of economic opportunities
available to state citizens;
(4) Recommend ways to improve state-level administration of
financial aid programs for the benefit of students and
institutions;
(5) Recommend ways to improve financial aid outreach
activities;
(6) Make recommendations, consistent with the nature of the
PROMISE scholarship program as a merit-based student financial aid
program;
(7) Study feasibility of including for-profit institutions as
eligible institutions for PROMISE scholarship awards and
requirements, if any, for inclusion; and
(8) Recommend rules that align with the goals, objectives and
priorities set forth in section one-a, article one, chapter
eighteen-b of this code and article one-d of said chapter and with
other state and system public policy goals, objectives and
priorities.
(d)
Advisory board membership. --
(1) The advisory board shall consist of seven members selected
as follows:
(A) Three members appointed by the commission;
(B) Two members appointed by the council;
(C) One member appointed by the West Virginia Independent
Colleges and Universities; and
(D) One member appointed by the West Virginia School Counselor
Association.
(2) Members appointed by the commission and the council shall
possess a broad knowledge of state and federal higher education student financial aid programs and have experience in administering
these programs, preferably at the campus or system level.
(3) The initial appointments of members shall be made as
follows:
(A) The commission shall appoint one member to a one-year
term, one member to a two-year term and one member to a three-year
term;
(B) The council shall appoint one member to a one-year term
and one member to a three-year term;
(C) The West Virginia Independent Colleges and Universities
shall appoint one member to a one-year term; and
(D) The West Virginia School Counselor Association shall
appoint one member to a two-year term.
(4) After the initial terms are completed, appointments shall
be made as follows:
(A) Members shall be appointed for three-year terms; and
(B) Members are eligible to succeed themselves for one
additional consecutive term.
(5) The term of each member begins on July 1 of the year in
which the appointment is made and ends on June 30 of the year in
which the appointment expires.
(e) The first meeting of the advisory board shall be called by
the Vice Chancellor for Administration, at which time the members
shall elect a chairperson for an initial term ending on July 31, 2010. The chairperson may succeed himself or herself for an
additional one-year term as chairperson. Thereafter, the term of
the chairperson is for one year beginning on August 1 of the year
in which elected and ending on July 31 of the following year. A
member may not serve more than two consecutive terms as
chairperson.
(f) In the event of a vacancy, a successor shall be appointed
by the entity which appointed the vacating member for the unexpired
term of the vacating member. A person appointed to fill a vacancy
is eligible for reappointment for one additional consecutive term
unless the time remaining in the unexpired term is less than six
months in which case the person filling the vacancy is eligible for
reappointment for two additional terms.
(g) Members of the advisory board serve without compensation,
but are entitled to reimbursement by the commission for expenses,
including travel expenses, which are actually incurred by the
member in the official conduct of the business of the advisory
board.
ARTICLE 7. WEST VIRGINIA PROVIDING REAL OPPORTUNITIES FOR
MAXIMIZING IN-STATE STUDENT EXCELLENCE SCHOLARSHIP PROGRAM.
§18C-7-3. Definitions.
(a)
General. -- For the purposes of this article, terms have
the meaning ascribed to them in section two, article one of this
chapter, unless the context in which the term is used clearly requires a different meaning or a specific definition is provided
in this section.
(b)
Definitions. --
(1) "Eligible institution" means:
(A) A state institution of higher education as defined in
section two, article one, chapter eighteen-b of this code;
(B) Alderson-Broaddus College, Appalachian Bible College,
Bethany College, Davis and Elkins College, Mountain State
University, Ohio Valley University, the University of Charleston,
West Virginia Wesleyan College and Wheeling Jesuit University, all
in West Virginia. Any institution listed in this subdivision
ceases to be an eligible institution if it meets either of the
following conditions:
(i) It loses regional accreditation; or
(ii) It changes its status as a private, not-for-profit
institution;
(C) Any other public or private regionally accredited
institution in this state approved by the commission.
(2) "Tuition" means the quarter, semester or term charges
imposed by an eligible state institution of higher education and,
additionally, all mandatory fees required as a condition of
enrollment by all students. For the purposes of this article, the
following conditions apply:
(A) West Virginia University, Potomac State College and West Virginia University Institute of Technology are considered separate
institutions for purposes of determining tuition rates; and
(B) The tuition amount paid by undergraduate health sciences
students at West Virginia University is considered to be the same
as the amount of tuition paid by all other West Virginia University
undergraduate students.
(3) "Enrolled" means either currently enrolled or in the
process of enrolling in an eligible institution.
§18C-7-4. Dissolution of the PROMISE Scholarship Board; transfer
of funds.
(a) The West Virginia PROMISE Scholarship Board is hereby
dissolved.
(b) All funds administered by the former PROMISE Scholarship
Board shall be administered by the Higher Education Policy
Commission.
§18C-7-5. Powers and duties of the West Virginia Higher Education
Policy Commission regarding the PROMISE Scholarship.
(a)
Powers of commission. -- In addition to the powers
granted by any other provision of this code, the commission 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:
(1) To promulgate legislative rules in accordance with the
provisions of article three-a, chapter twenty-nine-a of this code to effectuate the purposes of this article; (2) To invest any of
the funds of the West Virginia PROMISE Scholarship Fund established
in section seven of this article with the West Virginia Investment
Management Board in accordance with the provisions of article six,
chapter twelve of this code. Any investments made pursuant to 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 conducting an enterprise of a like character and with like aims.
Fiduciaries shall diversify plan investments to the extent
permitted by law to minimize the risk of large losses, unless under
the circumstances it is clearly prudent not to do so;
(3) To execute contracts and other necessary instruments;
(4) To impose reasonable requirements for residency for
students applying for the PROMISE scholarship. Except as provided
in section four, article one of this chapter, a student shall have
met the following requirements to be eligible:
(A) Completed at least one half of the credits required for
high school graduation in a public or private high school in this
state; or
(B) Received instruction in the home or other approved place
pursuant to subsection (c), section one, article eight, chapter
eighteen of this code for the two years immediately preceding
application;
(C) This subsection does not establish residency requirements
for matriculation or fee payment purposes at state institutions of
higher education;
(5) 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. Any services provided
or secured to implement or administer the provisions of this
section remain under the direction and authority of the Vice
Chancellor for Administration;
(6) To solicit and accept gifts, including bequests or other
testamentary gifts made by will, trust or other disposition,
grants, loans and other aid from any source and to participate in
any federal, state or local governmental programs in carrying out
the purposes of this article;
(7) To define the terms and conditions under which
scholarships are awarded with the minimum requirements being set
forth in section six of this article; and
(8) To establish other policies, procedures and criteria
necessary to implement and administer the provisions of this
article.
(b)
Duties of commission. -- In addition to any duty required
by any other provision of this code, the commission has the
following responsibilities:
(1) To operate the program in a fiscally responsible manner
and within the limits of available funds;
(2) To operate the program as a merit-based program;
(3) To adjust academic eligibility requirements should
projections indicate that available funds will not be sufficient to
cover future costs; and
(4) To maintain contact with graduates who have received
PROMISE scholarships and to provide a written statement of intent
to recipients who are selected to receive a PROMISE scholarship
notifying them that acceptance of the scholarship entails a
responsibility to supply the following:
(A) Information requested by the commission to determine the
number and percentage of recipients who shall:
(i) Continue to live in West Virginia after graduation;
(ii) Obtain employment in West Virginia after graduation; and
(iii) Enroll in post-graduate education programs;
(B) For PROMISE scholars who enroll in post-graduate education
programs, the name of the state in which each post-graduate
institution is located; and
(C) Any other relevant information the commission reasonably
requests to implement the provisions of this subdivision;
(5) To analyze and use the data collected pursuant to
subdivision (4) of this subsection to:
(A) Report the findings annually to the Legislative Oversight Commission on Education Accountability; and
(B) Make annual recommendations to the Legislative Oversight
Commission on Education Accountability regarding any actions the
commission considers necessary or expedient to encourage PROMISE
recipients to live and work in the state after graduation.
§18C-7-6. Promise scholarship program requirements; legislative
rule.
(a) A PROMISE scholarship annual award shall meet the
following conditions:
(1) For a student enrolled in a state institution of higher
education, the annual award is equal to the lesser of the cost of
tuition or $4,750, except that a student who was awarded and used
a PROMISE scholarship annual award prior to January 1, 2010, shall
continue to receive the annual award calculated under the same
terms and conditions that applied on the day before the effective
date of this article;
(2) For a student enrolled in an eligible institution other
than a state institution of higher education, the annual award is
equal to, but may not exceed, the lesser of the cost of tuition or
$4,750, except that a student who was awarded and used a PROMISE
scholarship annual award prior to January 1, 2010, shall continue
to receive the annual award calculated under the same terms and
conditions that applied on the day before the effective date of
this article;
(3) The annual award may exceed $4,750, if the commission
determines that adequate funds are available, but in any case, may
not be greater than the actual cost of tuition;
(4) The annual award shall be used by an eligible institution
to supplement, but may not supplant, a tuition and fee waiver for
which the individual is eligible pursuant to section five, six-a,
seven or seven-b, article ten, chapter eighteen-b of this code.
(b) The total cost of all scholarships awarded by the
commission in any year may not exceed the amount of funds available
to the commission during that fiscal year.
(c) In order to be eligible to receive a PROMISE scholarship
award an individual shall:
(1) Submit a scholarship award application to the commission:
(A) Within two years of graduating from high school or within
two years of acquiring a general equivalency degree if provided
instruction in the home or other approved place pursuant to
subsection (c), section one, article eight, chapter eighteen of
this code; or
(B) Within seven years of initially entering military service,
and within one year of discharge from military service, if the
individual has entered the United States armed services within two
years after graduating from high school;
(2) Apply for and submit a Free Application for Federal
Student Aid;
(3) Maintain a grade point average of at least 3.0 on a 4.0
grading scale in the required core and elective course work
necessary to prepare students for success in post-secondary
education at the associate and baccalaureate degree levels as
determined by the commission, if the individual has completed not
more than one semester or term at an institution of higher
education, excluding credits earned in advanced placement,
international baccalaureate, dual credit and comparable courses
while the student is enrolled in high school;
(4) Maintain appropriate academic progress toward the
completion of a degree at the undergraduate education level as
determined by the commission if the individual has completed more
than one semester or term at an institution of higher education,
excluding credits earned in advanced placement, international
baccalaureate, dual credit and comparable courses while the student
is enrolled in high school;
(5) Be a United States citizen or legal immigrant to the
United States;
(6) Meet additional objective standards the commission
considers necessary to promote academic excellence and to maintain
the financial stability of the fund; and
(7) Enroll in an eligible institution. A student enrolled at
an eligible institution who receives a PROMISE scholarship award
may retain and renew the scholarship to complete his or her undergraduate education at that institution or any other eligible
institution under the following circumstances:
(A) The institution at which the student is enrolled loses its
status as an eligible institution pursuant to the provisions of
subdivision (1), subsection (b), section three of this article; and
(B) The student meets all other renewal requirements of this
code and of commission rules.
(d) It is the intent of the Legislature that the commission
shall strongly encourage prospective candidates for the PROMISE
scholarship to perform at least twenty hours of unpaid community
service while in high school to help prepare them for success in
post-secondary education. The community service may include, but
is not limited to, participation with nonprofit, governmental or
community-based organizations designed with any or all of the
following purposes:
(1) Improving the quality of life for community residents;
(2) Meeting the needs of community residents; or
(3) Fostering civic responsibility.
(e) The commission shall promulgate a legislative rule in
accordance with the provisions of article three-a, chapter twenty-
nine-a of this code.
(1) The rule shall include at least the following provisions:
(A) The amount of a PROMISE scholarship award in combination
with aid from all other sources may not exceed the cost of education at the institution the recipient is attending. This
provision does not apply to members of the West Virginia National
Guard, recipients of an Underwood-Smith teacher scholarship and
recipients of a West Virginia engineering, science and technology
scholarship;
(B) Additional objective standards the commission considers
necessary:
(i) To promote academic excellence;
(ii) To maintain the financial stability of the fund; and
(iii) To operate the program within the limits of available
funds.
(C) Provisions for making the highest and best use of the
PROMISE Scholarship Program in conjunction with the West Virginia
College Prepaid Tuition and Savings Program Act set forth in
article thirty, chapter eighteen of this code;
(D) A provision defining the relationship of PROMISE
scholarship awards to all other sources of student financial aid to
ensure maximum coordination. The provision shall include the
following:
(i) Methods to maximize student eligibility for federal
student financial aid;
(ii) A requirement that PROMISE scholarship awards not
supplant tuition and fee waivers; and
(iii) Clarification of the relationship between the PROMISE Scholarship Program, tuition savings plans and other state-funded
student financial aid programs;
(E) A method for awarding scholarships within the limits of
available appropriations, including circumstances when program
funds are not sufficient to provide awards to all eligible
applicants. The commission may not use any of the following
methods:
(i) Providing for an annual PROMISE scholarship award that is
less than the amounts provided for in this section; or
(ii) Eliminating any current recipient from eligibility; and
(F) A method for applicants to appeal determinations of
eligibility and renewal.
(2) The rule may provide for or require the following at the
commission's discretion:
(A) Requiring repayment of the amount of the scholarship, in
whole or in part, if a scholarship recipient chooses to work
outside the state after graduation. The rule may not require a
recipient to repay a scholarship, in whole or in part, unless the
prospective recipient has been informed of this requirement in
writing before initial acceptance of the PROMISE scholarship award;
(B) Targeting a portion of the scholarship funds to be used
for applicants enrolled in an engineering, science, technology or
other designated program;
(C) Determining what other sources of funding for higher education are to be deducted from the PROMISE scholarship award;
and
(D) Providing additional criteria as determined by the
commission.
(3) The Legislature finds that an emergency exists and,
therefore, the commission shall file a rule to implement the
provisions of this section as an emergency rule pursuant to the
provisions of article three-a, chapter twenty-nine-a of this code.
The rule is subject to the prior approval of the Legislative
Oversight Commission on Education Accountability.
(4) Any rule promulgated by the commission pursuant to
previous enactments of this article in effect on the effective date
of the amendment and reenactment of this article in the year 2009
remains in effect until amended, modified, repealed or replaced by
the commission.
§18C-7-7. West Virginia PROMISE Scholarship Fund continued.
(a) The special revenue fund in the State Treasury designated
and known as the PROMISE Scholarship Fund is continued. The fund
consists of moneys from the following sources:
(1) All appropriations to the fund from the West Virginia
Lottery, video lottery and taxes on amusement devices;
(2) All appropriations by the Legislature for the PROMISE
Scholarship Fund;
(3) Any gifts, grants or contributions received for the PROMISE Scholarship Program; and
(4) All interest or other income earned from investment of the
fund.
(b) The allocations to the fund are subject to appropriation
by the Legislature. Nothing in this article requires any specific
level of funding by the Legislature nor guarantees nor entitles any
individual to any benefit or grant of funds.
(c) For the fiscal year beginning July 1, 2006, it is the
intent of the Legislature that the aggregate of the amount of
moneys transferred to the fund pursuant to section eighteen-a,
article twenty-two, chapter twenty-nine of this code, and any other
amounts of public moneys that may be transferred to the fund by
appropriation of the Legislature, shall equal, but may not exceed,
$40 million. For each fiscal year thereafter until and including
the fiscal year ending June 30, 2009, it is the intent of the
Legislature that this aggregate be an amount two percent greater
than the aggregate established by this subsection for the prior
fiscal year. For the fiscal year beginning July 1, 2009, it is the
intent of the Legislature that the aggregate of the amount of
moneys transferred to the fund pursuant to section eighteen-a,
article twenty-two, chapter twenty-nine of this code and any other
amounts of public moneys that may be transferred to the fund by
appropriation of the Legislature shall equal $45 million. For the
fiscal year beginning July 1, 2010, it is the intent of the Legislature that the aggregate of the amount of moneys transferred
to the fund shall equal $48 million. For the fiscal year beginning
July 1, 2011, and every fiscal year thereafter, it is the intent of
the Legislature that the aggregate of the amount of moneys
transferred to the fund shall equal $47,500,000 .
(d) The commission may expend the moneys in the fund to
implement the provisions of this article.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
ARTICLE 22. STATE LOTTERY ACT.
§29-22-18a. State Excess Lottery Revenue Fund.
(a) The State Lottery Fund in the State Treasury which is
designated and known as the State Excess Lottery Revenue Fund is
continued. The fund consists of all appropriations to the fund and
all interest earned from investment of the fund and any gifts,
grants or contributions received by the fund. All revenues received
under the provisions of sections ten-b and ten-c, article
twenty-two-a of this chapter and under article twenty-two-b of this
chapter, except the amounts due the commission under subdivision
(1), subsection (a), section one thousand four hundred eight,
article twenty-two-b of this chapter, shall be deposited in the
State Treasury and placed into the State Excess Lottery Revenue
Fund. The revenue shall be disbursed in the manner provided in this
section for the purposes stated in this section and shall not be
treated by the State Auditor and the State Treasurer as part of the general revenue of the state.
(b) For the fiscal year beginning July 1, 2002, the commission
shall deposit: (1) $65 million into the subaccount of the state
Excess Lottery Revenue Fund hereby created in the State Treasury to
be known as the General Purpose Account to be expended pursuant to
appropriation of the Legislature; (2) $10 million into the Education
Improvement Fund for appropriation by the Legislature to the PROMISE
Scholarship Fund created in section seven, article seven, chapter
eighteen-c of this code; (3) $19 million into the Economic
Development Project Fund created in subsection (e) of this section
for the issuance of revenue bonds and to be spent in accordance with
the provisions of said subsection; (4) $20 million into the School
Building Debt Service Fund created in section six, article nine-d,
chapter eighteen of this code for the issuance of revenue bonds; (5)
$40 million into the West Virginia Infrastructure Fund created in
section nine, article fifteen-a, chapter thirty-one of this code to
be spent in accordance with the provisions of said article; (6) $10
million into the Higher Education Improvement Fund for Higher
Education; and (7) $5 million into the State Park Improvement Fund
for Park Improvements. For the fiscal year beginning July 1, 2003,
the commission shall deposit: (1) $65 million into the General
Purpose Account to be expended pursuant to appropriation of the
Legislature; (2) $17 million into the Education Improvement Fund for
appropriation by the Legislature to the PROMISE Scholarship Fund created in section seven, article seven, chapter eighteen-c of this
code; (3) $19 million into the Economic Development Project Fund
created in subsection (e) of this section for the issuance of
revenue bonds and to be spent in accordance with the provisions of
said subsection; (4) $20 million into the School Building Debt
Service Fund created in section six, article nine-d, chapter
eighteen of this code for the issuance of revenue bonds; (5) $40
million into the West Virginia Infrastructure Fund created in
section nine, article fifteen-a, chapter thirty-one of this code to
be spent in accordance with the provisions of said article; (6) $10
million into the Higher Education Improvement Fund for Higher
Education; and (7) $7 million into the State Park Improvement Fund
for Park Improvements.
(c) For the fiscal year beginning July 1, 2004, and subsequent
fiscal years through the fiscal year ending June 30, 2009, the
commission shall deposit: (1) $65 million into the General Purpose
Account to be expended pursuant to appropriation of the Legislature;
(2) $27 million into the Education Improvement Fund for
appropriation by the Legislature to the PROMISE Scholarship Fund
created in section seven, article seven, chapter eighteen-c of this
code; (3) $19 million into the Economic Development Project Fund
created in subsection (e) of this section for the issuance of
revenue bonds and to be spent in accordance with the provisions of
said subsection; (4) $19 million into the School Building Debt Service Fund created in section six, article nine-d, chapter
eighteen of this code for the issuance of revenue bonds: Provided,
That for the fiscal year beginning July 1, 2008, and subsequent
fiscal years, no moneys shall be deposited in the School Building
Debt Service Fund pursuant to this subsection and instead $19
million shall be deposited into the Excess Lottery School Building
Debt Service Fund; (5) $40 million into the West Virginia
Infrastructure Fund created in section nine, article fifteen-a,
chapter thirty-one of this code to be spent in accordance with the
provisions of said article; (6) $10 million into the Higher
Education Improvement Fund for Higher Education; and (7) $5 million
into the State Park Improvement Fund for Park Improvements. No
portion of the distributions made as provided in this subsection and
subsection (b) of this section, except distributions made in
connection with bonds issued under subsection (e) of this section,
may be used to pay debt service on bonded indebtedness until after
the Legislature expressly authorizes issuance of the bonds and
payment of debt service on the bonds through statutory enactment or
the adoption of a concurrent resolution by both houses of the
Legislature. Until subsequent legislative enactment or adoption of
a resolution that expressly authorizes issuance of the bonds and
payment of debt service on the bonds with funds distributed under
this subsection and subsection (b) of this section, except
distributions made in connection with bonds issued under subsection (d) of this section, the distributions may be used only to fund
capital improvements that are not financed by bonds and only
pursuant to appropriation of the Legislature.
(d) For the fiscal year beginning July 1, 2009, and subsequent
fiscal years, the commission shall deposit: (1) $65 million into the
General Purpose Account to be expended pursuant to appropriation of
the Legislature; (2) $29 million into the Education Improvement Fund
for appropriation by the Legislature to the PROMISE Scholarship Fund
created in section seven, article seven, chapter eighteen-c of this
code; (3) $19 million into the Economic Development Project Fund
created in subsection (e) of this section for the issuance of
revenue bonds and to be spent in accordance with the provisions of
said subsection; (4) $19 million into the Excess Lottery School
Building Debt Service Fund created in section six, article nine-d,
chapter eighteen of this code; (5) $40 million into the West
Virginia Infrastructure Fund created in section nine, article
fifteen-a, chapter thirty-one of this code to be spent in accordance
with the provisions of said article; (6) $10 million into the Higher
Education Improvement Fund for Higher Education; and (7) $5 million
into the State Park Improvement Fund for Park Improvements. No
portion of the distributions made as provided in this subsection and
subsection (b) of this section, except distributions made in
connection with bonds issued under subsection (e) of this section,
may be used to pay debt service on bonded indebtedness until after the Legislature expressly authorizes issuance of the bonds and
payment of debt service on the bonds through statutory enactment or
the adoption of a concurrent resolution by both houses of the
Legislature. Until subsequent legislative enactment or adoption of
a resolution that expressly authorizes issuance of the bonds and
payment of debt service on the bonds with funds distributed under
this subsection and subsection (b) of this section, except
distributions made in connection with bonds issued under subsection
(e) of this section, the distributions may be used only to fund
capital improvements that are not financed by bonds and only
pursuant to appropriation of the Legislature.
(e) The Legislature finds and declares that in order to attract
new business, commerce and industry to this state, to retain
existing business and industry providing the citizens of this state
with economic security and to advance the business prosperity of
this state and the economic welfare of the citizens of this state,
it is necessary to provide public financial support for
constructing, equipping, improving and maintaining economic
development projects, capital improvement projects and
infrastructure which promote economic development in this state.
(1) The West Virginia Economic Development Authority created
and provided for in article fifteen, chapter thirty-one of this code
shall, by resolution, in accordance with the provisions of this
article and article fifteen, chapter thirty-one of this code, and upon direction of the Governor, issue revenue bonds of the Economic
Development Authority in no more than two series to pay for all or
a portion of the cost of constructing, equipping, improving or
maintaining projects under this section or to refund the bonds at
the discretion of the authority. Any revenue bonds issued on or
after July 1, 2002, which are secured by state excess lottery
revenue proceeds shall mature at a time or times not exceeding
thirty years from their respective dates. The principal of and the
interest and redemption premium, if any, on the bonds shall be
payable solely from the special fund provided in this section for
the payment.
(2) The special revenue fund named the Economic Development
Project Fund into which shall be is deposited the amounts to be
deposited in the fund as specified in subsections (b), (c) and (d)
of this section is continued. The Economic Development Project Fund
shall consist of all such moneys, all appropriations to the fund,
all interest earned from investment of the fund and any gifts,
grants or contributions received by the fund. All amounts deposited
in the fund shall be pledged to the repayment of the principal,
interest and redemption premium, if any, on any revenue bonds or
refunding revenue bonds authorized by this section, including any
and all commercially customary and reasonable costs and expenses
which may be incurred in connection with the issuance, refunding,
redemption or defeasance of the bonds. The West Virginia Economic Development Authority may further provide in the resolution and in
the trust agreement for priorities on the revenues paid into the
Economic Development Project Fund that are necessary for the
protection of the prior rights of the holders of bonds issued at
different times under the provisions of this section. The bonds
issued pursuant to this subsection shall be separate from all other
bonds which may be or have been issued, from time to time, under the
provisions of this article.
(3) After the West Virginia Economic Development Authority has
issued bonds authorized by this section and after the requirements
of all funds have been satisfied, including any coverage and reserve
funds established in connection with the bonds issued pursuant to
this subsection, any balance remaining in the Economic Development
Project Fund may be used for the redemption of any of the
outstanding bonds issued under this subsection which, by their
terms, are then redeemable or for the purchase of the outstanding
bonds at the market price, but not to exceed the price, if any, at
which redeemable, and all bonds redeemed or purchased shall be
immediately canceled and shall not again be issued.
(4) Bonds issued under this subsection shall state on their
face that the bonds do not constitute a debt of the State of West
Virginia; that payment of the bonds, interest and charges thereon
cannot become an obligation of the State of West Virginia; and that
the bondholders' remedies are limited in all respects to the Special Revenue Fund established in this subsection for the liquidation of
the bonds.
(5) The West Virginia Economic Development Authority shall
expend the bond proceeds from the revenue bond issues authorized and
directed by this section for projects certified under the provision
of this subsection: Provided, That the bond proceeds shall be
expended in accordance with the requirements and provisions of
article five-a, chapter twenty-one of this code and either article
twenty-two or twenty-two-a, chapter five of this code, as the case
may be: Provided, however, That if the bond proceeds are expended
pursuant to article twenty-two-a, chapter five of this code and if
the Design-Build Board created under said article determines that
the execution of a design-build contract in connection with a
project is appropriate pursuant to the criteria set forth in said
article and that a competitive bidding process was used in selecting
the design builder and awarding the contract, the determination
shall be conclusive for all purposes and shall be considered to
satisfy all the requirements of said article.
(6) For the purpose of certifying the projects that will
receive funds from the bond proceeds, a committee is hereby
established and comprised of the Governor, or his or her designee,
the Secretary of the Department of Revenue, the Executive Director
of the West Virginia Development Office and six persons appointed
by the Governor: Provided, That at least one citizen member must be from each of the state's three congressional districts. The
committee shall meet as often as necessary and make certifications
from bond proceeds in accordance with this subsection. The
committee shall meet within thirty days of the effective date of
this section.
(7) Applications for grants submitted on or before July 1,
2002, shall be considered refiled with the committee. Within ten
days from the effective date of this section as amended in the year
2003, the lead applicant shall file with the committee any
amendments to the original application that may be necessary to
properly reflect changes in facts and circumstances since the
application was originally filed with the committee.
(8) When determining whether or not to certify a project, the
committee shall take into consideration the following:
(A) The ability of the project to leverage other sources of
funding;
(B) Whether funding for the amount requested in the grant
application is or reasonably should be available from commercial
sources;
(C) The ability of the project to create or retain jobs,
considering the number of jobs, the type of jobs, whether benefits
are or will be paid, the type of benefits involved and the
compensation reasonably anticipated to be paid persons filling new
jobs or the compensation currently paid to persons whose jobs would be retained;
(D) Whether the project will promote economic development in
the region and the type of economic development that will be
promoted;
(E) The type of capital investments to be made with bond
proceeds and the useful life of the capital investments; and
(F) Whether the project is in the best interest of the public.
(9) A grant may not be awarded to an individual or other
private person or entity. Grants may be awarded only to an agency,
instrumentality or political subdivision of this state or to an
agency or instrumentality of a political subdivision of this state.
The project of an individual or private person or entity may
be certified to receive a low-interest loan paid from bond proceeds.
The terms and conditions of the loan, including, but not limited to,
the rate of interest to be paid and the period of the repayment,
shall be determined by the Economic Development Authority after
considering all applicable facts and circumstances.
(10) Prior to making each certification, the committee shall
conduct at least one public hearing, which may be held outside of
Kanawha County. Notice of the time, place, date and purpose of the
hearing shall be published in at least one newspaper in each of the
three congressional districts at least fourteen days prior to the
date of the public hearing.
(11) The committee may not certify a project unless the committee finds that the project is in the public interest and the
grant will be used for a public purpose. For purposes of this
subsection, projects in the public interest and for a public purpose
include, but are not limited to:
(A) Sports arenas, fields, parks, stadiums and other sports and
sports-related facilities;
(B) Health clinics and other health facilities;
(C) Traditional infrastructure, such as water and wastewater
treatment facilities, pumping facilities and transmission lines;
(D) State-of-the-art telecommunications infrastructure;
(E) Biotechnical incubators, development centers and
facilities;
(F) Industrial parks, including construction of roads, sewer,
water, lighting and other facilities;
(G) Improvements at state parks, such as construction,
expansion or extensive renovation of lodges, cabins, conference
facilities and restaurants;
(H) Railroad bridges, switches and track extension or spurs on
public or private land necessary to retain existing businesses or
attract new businesses;
(I) Recreational facilities, such as amphitheaters, walking and
hiking trails, bike trails, picnic facilities, restrooms, boat
docking and fishing piers, basketball and tennis courts, and
baseball, football and soccer fields;
(J) State-owned buildings that are registered on the National
Register of Historic Places;
(K) Retail facilities, including related service, parking and
transportation facilities, appropriate lighting, landscaping and
security systems to revitalize decaying downtown areas; and
(L) Other facilities that promote or enhance economic
development, educational opportunities or tourism opportunities
thereby promoting the general welfare of this state and its
residents.
(12) Prior to the issuance of bonds under this subsection, the
committee shall certify to the Economic Development Authority a list
of those certified projects that will receive funds from the
proceeds of the bonds. Once certified, the list may not thereafter
be altered or amended other than by legislative enactment.
(13) If any proceeds from sale of bonds remain after paying
costs and making grants and loans as provided in this subsection,
the surplus may be deposited in an account in the State Treasury
known as the Economic Development Project Bridge Loan Fund
administered by the Economic Development Authority created in
article fifteen, chapter thirty-one of this code. Expenditures from
the fund are not authorized from collections but are to be made only
in accordance with appropriation by the Legislature and in
accordance with the provisions of article three, chapter twelve of
this code and upon fulfillment of the provisions of article two, chapter five-a of this code. Loan repayment amounts, including the
portion attributable to interest, shall be paid into the fund
created in this subdivision.
(f) If the commission receives revenues in an amount that is
not sufficient to fully comply with the requirements of subsections
(b), (c), (d) and (i) of this section, the commission shall first
make the distribution to the Economic Development Project Fund;
second, make the distribution or distributions to the other funds
from which debt service is to be paid; third, make the distribution
to the Education Improvement Fund for appropriation by the
Legislature to the PROMISE Scholarship Fund; and fourth, make the
distribution to the General Purpose Account: Provided, That, subject
to the provisions of this subsection, to the extent the revenues are
not pledged in support of revenue bonds which are or may be issued,
from time to time, under this section, the revenues shall be
distributed on a pro rata basis.
(f) (g) Each fiscal year, the commission shall, after meeting
the requirements of subsections (b), (c), (d) and (i) of this
section and after transferring to the State Lottery Fund created
under section eighteen of this article an amount equal to any
transfer from the State Lottery Fund to the Excess Lottery Fund
pursuant to subsection (f), section eighteen of this article,
deposit fifty percent of the amount by which annual gross revenue
deposited in the State Excess Lottery Revenue Fund exceeds $225 million in a fiscal year in a separate account in the State Lottery
Fund to be available for appropriation by the Legislature.
(h) When bonds are issued for projects under subsection (d) (e)
of this section or for the School Building Authority,
infrastructure, higher education or park improvement purposes
described in this section that are secured by profits from lotteries
deposited in the State Excess Lottery Revenue Fund, the Lottery
Director shall allocate first to the Economic Development Project
Fund an amount equal to one tenth of the projected annual principal,
interest and coverage requirements on any and all revenue bonds
issued, or to be issued as certified to the Lottery Director; and
second, to the fund or funds from which debt service is paid on
bonds issued under this section for the School Building Authority,
infrastructure, higher education and park improvements an amount
equal to one tenth of the projected annual principal, interest and
coverage requirements on any and all revenue bonds issued, or to be
issued as certified to the Lottery Director. In the event there are
insufficient funds available in any month to transfer the amounts
required pursuant to this subsection, the deficiency shall be added
to the amount transferred in the next succeeding month in which
revenues are available to transfer the deficiency.
(i) Prior to the distributions provided in subsection (d) of
this section, the Lottery Commission shall deposit into the General
Revenue Fund amounts necessary to provide reimbursement for the refundable credit allowable under section twenty-one, article
twenty-one, chapter eleven of this code.
(j) (1) The Legislature considers the following as priorities
in the expenditure of any surplus revenue funds:
(A) Providing salary and/or increment increases for
professional educators and public employees;
(B) Providing adequate funding for the Public Employees
Insurance Agency; and
(C) Providing funding to help address the shortage of qualified
teachers and substitutes in areas of need, both in number of
teachers and in subject matter areas.
(2) The provisions of this subsection may not be construed by
any court to require any appropriation or any specific appropriation
or level of funding for the purposes set forth in this subsection.
(k) The Legislature further directs the Governor to focus
resources on the creation of a prescription drug program for senior
citizens by pursuing a Medicaid waiver to offer prescription drug
services to senior citizens; by investigating the establishment of
purchasing agreements with other entities to reduce costs; by
providing discount prices or rebate programs for seniors; by
coordinating programs offered by pharmaceutical manufacturers that
provide reduced cost or free drugs; by coordinating a collaborative
effort among all state agencies to ensure the most efficient and
cost-effective program possible for the senior citizens of this state; and by working closely with the state's congressional
delegation to ensure that a national program is implemented. The
Legislature further directs that the Governor report his or her
progress back to the Joint Committee on Government and Finance on
an annual basis until a comprehensive program has been fully
implemented.