Engrossed Version
Senate Bill 32 History
OTHER VERSIONS -
Introduced Version
|
Enrolled Version - Final Version
|
| Email
Key: Green = existing Code. Red = new code to be enacted
ENGROSSED
Senate Bill No. 32
(By Senators Hunter, White, Dempsey, Sharpe, Minard and Love)
____________
[Introduced January 11, 2006; referred to the Committee
on Military; and then to the Committee on Education.]
____________
A BILL to amend and reenact §18-19-1, §18-19-2 and §18-19-3 of the
Code of West Virginia, 1931, as amended, all relating to
amending the use and eligibility requirements for the
educational opportunities benefit for certain children of
those who have died as a result of certain military service;
increasing the limit on allocations to those eligible
children; clarifying eligibility for the allocation and the
tuition waiver for children attending private, out-of-state
and state education or training institutions; and the effect
of the allocation and tuition waiver on other scholarships and
grants.
Be it enacted by the Legislature of West Virginia:
That §18-19-1, §18-19-2 and §18-19-3 of the Code of West
Virginia, 1931, as amended, be amended and reenacted, all to read
as follows:
ARTICLE 19. EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF DECEASED
SOLDIERS, SAILORS, MARINES AND AIRMEN.
§18-19-1. Appropriation to provide educational opportunities.
(a) For the purpose of providing The purpose of this article
is to provide educational opportunities for the children of those:
(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, sixth one thousand nine
hundred seventeen, to the second day of July, second one thousand
nine hundred twenty-one, all dates inclusive;
(B) or served in The Armed Forces of the United States of
America at any time between the first day of December, first one
thousand nine hundred forty-one, and the declaration of peace by
the Congress of the United States, all dates inclusive;
(C) or served in The Armed Forces of the United States of
America at any time between the twenty-seventh day of June,
twenty-seventh one thousand nine hundred fifty, and the
thirty-first day of January, thirty-first one thousand nine hundred
fifty-five, all dates inclusive;
(D) or served in The Armed Forces of the United States of
America at any time between the fifth day of August, fifth one
thousand nine hundred sixty-four, and the seventh day of May,
seventh 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 such this war
service.
(b) For the purpose of providing educational opportunities to
those children set forth in subsection (a) of this section, there
shall be is appropriated from the State Fund, General Revenue the
sum of at least five thousand dollars for each fiscal year
commencing the first day of July first and ending on the thirtieth
day of June thirty of each year of the next biennium to be used for
the benefit of such these children while attending state education
or training institutions.
(c) This benefit also shall be given to children of a service
member killed during hostile actions as defined by the agency
administering this section.
(d) The term "children" as used in this article shall include
includes any child of a veteran who has been legitimized by
operation of law prior to the veteran's demise.
§18-19-2. Eligibility of applicant for benefits; application
forms; preference.
(a) To be eligible for the benefits of this article, said the
children set forth in section one of this article must shall be:
(1) At least sixteen and not more than twenty-two twenty-five
years of age;
(2) Enrolled in an education or training institution; and
(3) have had their domiciles in this state for at least twelve
months preceding their application for said benefits The child of
an enlistee who gave West Virginia as his or her state of record:
Provided, That on and after the first day of January, two thousand
seven, any benefits provided pursuant to this section are for the
purpose of post-secondary education only.
(b) Such The application shall be made to, and upon forms
provided by, the West Virginia Division of Veterans' Affairs. which
The division shall determine the eligibility of those who make such
the application and the yearly amount to be allotted each
applicant. which The amount, in the discretion of the division,
may vary from year to year, but shall not exceed the sum of five
hundred dollars 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 said the
educational opportunities and to those whose parent was domiciled
in this state during the period of such the parent's war service.
§18-19-3. No tuition fees to be charged; how funds to be expended;
cessation of allowances.
(a) No tuition fees shall be charged such eligible applicants
attending any state education or training institution and the funds herein appropriated shall be expended by said the West Virginia
Division of Veterans' Affairs only for matriculation fees, board,
room rent, books, supplies and other necessary living expenses of
such those children.
(b) In the event that a child 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 child 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 child 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 said section: Provided, That on
and after the first day of January, two thousand seven, any
benefits provided pursuant to this section are for the purpose of
post-secondary education only.
(c) Said The division is charged with the duty of disbursing
the funds herein provided and shall draw its requisitions upon the
Auditor for that purpose. In the discretion of said the division,
if satisfied as to the correctness and amounts of the expenditures,
such requisitions may be made payable to said the education or
training institutions or to those furnishing to said the children
board, room rent, books, supplies and other necessary living
expenses. the division being first satisfied as to the correctness and amounts of such expenditures
(d) Should any child eligible for benefits or tuition waivers
pursuant to this article withdraw from any such an education or
training institution, all allowances to such the child shall cease.
(e) No member or employee of said the division shall receive
any additional compensation for the services herein required.
(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.