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2006 SESSION
066210780Be it enacted by the General Assembly of Virginia:
1. That §§ 23-105, 23-106, and 23-107 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding sections numbered 23-107.1 and 23-107.2 as follows:
§ 23-105. Admission of state cadets.
The board shall admit annually as state cadets, free of
charge for board and tuition, upon evidence of fair moral character, not less
than a total of fifty sufficient young men and women selected
from the Commonwealth at large, who shall be not less than sixteen nor more
than twenty-five years of age; one of whom shall be selected from each of
the senatorial districts as at present constituted, and the other ten from the
Commonwealth at large. Whenever a vacancy has occurred, or is likely to occur,
in any district, due notice of the time and place of making the appointment to
supply the vacancy shall be given. If, after such notice, no suitable person
shall apply from such district, the vacancy may be supplied from the Commonwealth
at large.
§ 23-106. Financial assistance for state cadets.
The board shall not admit any cadet as a "state
cadet" whose financial condition or that of his parents permits him to pay
the board and tuition fees charged other students The board shall provide
financial assistance equal to the applicant's demonstrated need up to the
Institute's prevailing charges for tuition and board.
§ 23-107. Service requirement.
Each cadet received on state account and who shall have
remained in the Institute during the period of two years or more, shall act in
the capacity of teacher in some school in this Commonwealth for two years, and
such cadet shall be required to discharge his obligation as teacher within the
three years immediately after leaving the Institute, and he shall report in
writing to the superintendent of the Institute on or before the first day of
June of each year succeeding the date of his leaving the Institute until he
shall have discharged fully such obligation to the Commonwealth; or, at his
option, such cadet may serve an enlistment in the National Guard of the
Commonwealth, or serve for a period of two years as an engineer for the
Commonwealth Transportation Board or for a period of two years as an engineer
with the State Department of Health, or serve on active duty for a period of
two years as a member of some component of the armed services of the United
States of America, or, with the approval of the board of visitors, serve for a
period of two years in any capacity as an employee of the Commonwealth of
Virginia. And each cadet so received on state account in the Institute on
reporting for duty and matriculation shall be required to enter into a bond,
payable to the Virginia Military Institute, in a sum sufficient to cover the
board and tuition that may be expended in his behalf as such state cadet; and
unless the cadet shall fulfill his obligation as aforesaid, he shall be deemed
to have violated his contract, and authority is hereby given to the Institute
to proceed by law for the collection from the cadet of such amount as may be
necessary to cover so much of his board and tuition as may proportionately be
due from his failure to teach the whole or any part of the required two years,
or to serve in the national guard or as an engineer on the public roads of
Virginia or for a period of two years as an engineer with the State Department
of Health, or to serve on active duty for a period of two years as a member of
some component of the armed services of the United States of America, or, with
the approval of the board of visitors, to serve for a period of two years in
any capacity as an employee of the Commonwealth of Virginia; and no cadet
executing such bond shall be permitted to plead infancy or the statute of
limitation in bar of recovery of such debt; provided, the Any cadet
failing to fulfill his or her obligation shall repay all funds received from
the Commonwealth. The board of visitors may excuse such cadet from any
one and all of these obligations in such cases as they may
deem right and proper; and provided further, if such cadet shall discharge
any one of these obligations within the time prescribed, he shall be deemed to
have fulfilled his obligation to the Commonwealth imposed by this section; and
provided further, that the provisions of this section relating to discharge of
the obligation shall be temporarily suspended as to any cadet who, immediately
upon leaving the Institute, enters a medical school approved by the board of
visitors of the Institute in which event such cadet may sign a written contract
with the Virginia Military Institute under the terms of which he agrees to
pursue the medical course of the school until his graduation and, upon
graduating and completing a term not to exceed two years as an intern, shall
promptly begin and thereafter engage continuously in the general practice of
medicine in a rural community in Virginia selected by the State Health
Commissioner and the State Board of Health, for a period of two years; provided
that an equivalent period of practice in a state-supported mental institution
selected by the Commissioner of Mental Health, Mental Retardation and Substance
Abuse Services shall be deemed the equivalent of such practice in a rural area;
further provided, that an equivalent period of practice while on active duty as
a member of the armed services of the United States of America, including, but
not limited to, the United States Public Health Service, shall be deemed the
equivalent of such practice in a rural area. Each cadet who accepts an extension
of his obligation under this provision shall report in writing to the
superintendent of the Institute on or before the first day of June of each year
succeeding the date of his leaving the Institute until he shall have discharged
fully such obligation by compliance with the terms of his contract or in any
other manner approved by the board of visitors proper.
§23-107.1. Admission of military scholarship cadets.
The board shall admit annually as military scholarship cadets, up to forty young men and women, who shall be not less than sixteen nor more than twenty-five years of age. The board shall provide financial assistance for tuition, fees, room and board subject to federal funds and state appropriations available for this program.
§ 23-107.2. Military scholarship cadet to serve as a commissioned officer in the Virginia National Guard.
Each military scholarship cadet shall agree to serve as a commissioned officer in the Virginia National Guard for a term in accordance with Guard policy and regulation. Any cadet failing to fulfill his or her obligation shall repay all funds received in support of his or her cost of education. The board of visitors, in consultation with the Virginia National Guard, may excuse such cadet from any and all of these obligations in such cases as they deem proper.