Senate Bill No. 480
(By Senators Prezioso, Jenkins, Minard, Foster, Williams, Laird,
Plymale and D. Facemire)
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[Introduced March 5, 2009; referred to the Committee on Military;
then to the Committee on Education; and then to the Committee on
Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18B-10-7c,
relating to the federal Yellow Ribbon G. I. Education
Enhancement Program; requiring state institutions of higher
education to participate in the program; requiring state
institutions of higher education to enter into agreements
with the United States Secretary of Veterans Affairs to
provide matching contributions toward the cost of tuition
and mandatory fees not otherwise covered under the Post-9/11
Veterans Educational Assistance Act of 2008; and extending
this program to all dependent children of eligible post-9/11
in-state active military personnel.
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 section, designated §18B-10-7c, to read
as follows:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-7c. Tuition and fee waivers for certain veterans
receiving federal educational assistance benefits.
(a) The Legislature hereby finds that the United States
Congress, in enacting the Post-9/11 Veterans Educational
Assistance Act of 2008 ("the Act"), 38 U.S.C. §3301, et seq., has
provided for the establishment of a program within the United
States Department of Veterans Affairs to be known as the "Yellow
Ribbon G.I. Education Enhancement Program". Under the Act,
certain individuals who served or are serving on active duty in
the United States Armed Forces after September 11, 2001, are
eligible to receive educational assistance benefits equal to the
cost of undergraduate in-state tuition and fees charged by a
state institution of higher education in the state. The Yellow
Ribbon G.I. Education Enhancement Program will provide additional
educational assistance benefits over and above the cost of the
undergraduate in-state tuition and fees to veterans receiving
benefits under the Act. The purpose of this section is to
require higher education institutions, as defined in section two,
article one, chapter eighteen-b of this code, to participate in the program and encourage private colleges and universities
located in the state to participate.
(b) As soon as practicable after the effective date of this
section, the governing board of each state institution of higher
education shall enter into an agreement with the United States
Secretary of Veterans Affairs to participate in the Yellow Ribbon
G.I. Education Enhancement Program as established in 38 U.S.C.
§3317. For every eligible veteran who is enrolled or will be
enrolled as an undergraduate student, the agreement shall provide
for the waiver of fifty percent of the cost of tuition and
mandatory fees not otherwise covered under 38 U.S.C.
§3313(c)(1)(A) in an amount to be matched by a contribution of
equivalent value from the United States Department of Veterans
Affairs. The agreement may also provide for the waiver of up to
fifty percent of the cost of tuition and mandatory fees not
otherwise covered under 38 U.S.C. §3313(c)(1)(A) for every
eligible veteran who is or will be enrolled in a graduate or
professional program. For the purposes of this section,
"eligible veteran" means any individual who is eligible to
participate in the Yellow Ribbon G.I. Education Enhancement
Program.
(c) For the purposes of the limitation on the amount of fee
waivers permitted at state institutions of higher education set
forth in sections five and six of this article, any waivers granted from a state institution of higher education in
connection with the Yellow Ribbon G.I. Education Enhancement
Program shall not be counted toward the amount of undergraduate,
graduate or professional fee waivers permitted at that
institution.
(d) The Legislature hereby encourages every private
institution of higher education located in the state to
participate in the Yellow Ribbon G.I. Education Enhancement
Program as permitted by the Act, 38 U.S.C. §3317.
(e) Notwithstanding any other provision of this code, the
State of West Virginia shall also extend the implementation of
the federal Yellow Ribbon G.I. Education Enhancement Program and
the provision of benefits thereof pursuant to this article, to
all dependent children of eligible post-9/11 in-state active
military personnel.
NOTE: The purpose of this bill is to require West Virginia
public colleges and universities to participate in the federal
Yellow Ribbon G.I. Education Enhancement Program ("the Program").
The program will be established pursuant to the Post-9/11
Veterans Educational Assistance Act of 2008 ("the Act") to
provide eligible post-9/11 veterans additional moneys towards the
cost of tuition and fees at institutions of higher education.
The act will provide educational benefits to certain post-9/11
veterans and their dependent children in an amount equal to the
cost of in-state tuition at the most expensive public university
or college in the state. The program will authorize the federal
Secretary of Veterans Affairs to cover fifty percent of any
additional costs over and above the cost of in-state tuition in
exchange for a matching contribution of equal percentage from an
institution of higher learning.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.