SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1999 SESSION
993178443Patrons-- Scott, Albo, Almand, Hull, Keating, McClure, Moran, Plum, Rust and Watts; Senators: Howell, Saslaw and Woods
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Title 23 a chapter numbered 4.4:4, consisting of sections numbered 23-38.53:12 through 23-38.53:15, and by adding in Article 3 a section numbered 58.1-339.6, in Article 7 a section numbered 58.1-372, in Article 9 a section numbered 58.1-395, and in Article 13 a section numbered 58.1-439.11, all in Chapter 3 of Title 58.1, as follows:
§ 23-38.53:12. Program created; purpose; [ State Council of Higher Education
Statewide Workforce Advisory Council ] to administer; designation of
occupational areas of high demand.
A. There is hereby created the Advantage Virginia Incentive Program (AVIP) to
provide scholarships to students attending public institutions of higher education
in Virginia who become employed in occupational areas of high demand in the
Commonwealth. Pursuant to § 23-38.53:15, funds may be paid to any public
institution of higher education in Virginia on behalf of students who have been
awarded AVIP scholarships. The [ State Council of Higher Education Statewide
Workforce Advisory Council created in § 9-329.1 ] (the “Council”) shall
promulgate regulations to implement the provisions of this chapter.
B. By September 1, 1999, and every September 1 thereafter, the Council shall
designate (i) occupational areas of high demand in the Commonwealth; (ii)
professions and skill areas directly related to such occupational areas of high
demand; and (iii) two-year or four-year degree programs or certifications
directly leading to employment in such occupational areas of high demand. In making such
designations, the Council shall (i) consult with the [ Statewide Workforce
Advisory Council State Council of Higher Education ] created in § 9-329.1, the
Secretaries of Commerce and Trade, Education, and Technology, and any interested representatives from private
sector businesses, labor organizations, trade associations, and individuals,
public agencies, or private companies with expertise related to labor markets
or geographic and demographic analysis, and (ii) seek to ensure that the
diverse needs of the Commonwealth are considered and that such designations
reflect Virginia’s broad, long-term economic, educational, and public policy
interests in both the public and private sectors.
§ 23-38.53:13. Advantage Virginia Incentive Fund created.
A. There is hereby created in the Department of the Treasury a special nonreverting fund which shall be known as the Advantage Virginia Incentive Fund (the “Fund”). The Fund shall be established on the books of the Comptroller, and any funds remaining in the Fund at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Interest earned on such funds shall remain in the Fund and be credited to it. Pursuant to § 23-38.53:15, funds may be paid to any public institution of higher education in Virginia on behalf of students who have been awarded AVIP scholarships.
B. The Department of the Treasury shall administer and manage the Fund, subject to the authority of the Council to provide for its disbursement, from such funds as are appropriated for this purpose and from such gifts, donations, grants, bequests, and other funds as may be received on its behalf.
§ 23-38.53:14. Eligibility for AVIP; criteria for maintaining scholarships.
A. Only students who (i) are domiciled in Virginia as defined by § 23-7.4, (ii) are graduates of a high school in the Commonwealth with a cumulative secondary school grade point average of at least 2.5 on a scale of 4.0 or its equivalent, (iii) are accepted for enrollment in any two-year or four-year public institution of higher education in Virginia, and (iv) demonstrate financial need as defined by the Council shall be eligible to receive AVIP scholarships.
B. All scholarships shall be awarded for one year, but may be renewed annually if the recipient maintains at least a 2.0 grade point average on a scale of 4.0 or its equivalent and demonstrates continued financial need.
§ 23-38.53:15. Amount of scholarships; contract terms and conditions; repayment of scholarship through employment in an occupational area of high demand.
A. An eligible student may participate in AVIP for up to ten semesters, or their equivalent, whether or not consecutive, and may be awarded a scholarship of up to $2500 per academic year by the Council, not to exceed a maximum of $10,000, to be used for tuition, books, or fees. No student shall participate in AVIP more than seven years after beginning such participation.
B. Before an AVIP scholarship is awarded, a student shall sign a written contract under the terms of which he agrees to be employed in an occupational area of high demand within the Commonwealth, as designated by the Council pursuant to § 23-38.53:12. Such employment shall begin within one calendar year after the student’s graduation from a public institution of higher education in Virginia and continue thereafter until he has been continuously employed in an occupational area of high demand in the Commonwealth for a period of years equal in number to the years that he has been or shall be a beneficiary of an AVIP scholarship. The employment qualifying as repayment of an AVIP scholarship shall be approved by the Council on a yearly basis, with each year of approved employment qualifying the student for repayment of one year's AVIP scholarship.
C. The contract shall provide that if the student fails to comply with the provisions thereof, he shall repay to the Fund all amounts received by him as a beneficiary of an AVIP scholarship with interest, such repayment to be upon such terms and conditions as may be determined by the Council. Such contract shall contain such other provisions as may be necessary, convenient, or desirable in the opinion of the Council to accomplish the purposes of this chapter.
D. As further evidence of the student’s promise to make repayment through employment in an occupational area of high demand, he shall, as to each AVIP scholarship awarded to him and at the time such scholarship is awarded, be required to execute and deliver to the Council a note in a principal sum equal to the amount of such scholarship with interest and penalties, if any, to be determined by the Council. The note shall be accepted by the Council upon the condition that such note, and any other similar notes so given, shall be cancelled by the Council upon the basis of one note for each year in which the student shall be continuously employed in an occupational area of high demand in the Commonwealth. No student shall be permitted to plead the statute of limitations or interpose a plea of infancy in the event of an action being brought against him on any such note.
E. As part of its regulations to implement the provisions of this chapter, the Council shall specify repayment procedures in the event a student fails or refuses to maintain eligibility for AVIP during the scholarship year or to fulfill the terms and conditions of his contract with the Council. All money repaid by the student shall be placed in the Fund created in § 23-38.53:13 of this chapter.
F. Nothing in this section shall be construed to require the Council to enter into contracts with students who otherwise qualify for AVIP when funds are not available for such purpose or as a promise or guarantee by the Council that a person will be (i) admitted to a public institution of higher education in Virginia or a particular public institution of higher education in Virginia, (ii) allowed to continue to attend a public institution of higher education in Virginia after having been admitted, or (iii) graduated from a public institution of higher education in Virginia.
§ 58.1-339.6. For taxable years beginning on or after January 1, 1999, a taxpayer shall be allowed a credit against the tax imposed pursuant to Article 2 (§ 58.1-320 et seq.) of Chapter 3 of this title in an amount not to exceed $100,000 per taxpayer for contributions to the Advantage Virginia Incentive Fund established in § 23-38.53:13.
§ 58.1-372. For taxable years beginning on or after January 1, 1999, a taxpayer shall be allowed a credit against the tax imposed pursuant to Article 6 (§ 58.1-360 et seq.) and Article 10 (§ 58.1-400 et seq.) of Chapter 3 of this title in an amount not to exceed $100,000 per taxpayer for contributions to the Advantage Virginia Incentive Fund established in § 23-38.53:13.
§ 58.1-395. For taxable years beginning on or after January 1, 1999, a taxpayer shall be allowed a credit against the tax imposed pursuant to Article 9 (§ 58.1-390 et seq.) of Chapter 3 of this title in an amount not to exceed $100,000 per taxpayer for contributions to the Advantage Virginia Incentive Fund established in § 23-38.53:13.
§ 58.1-439.11. For taxable years beginning on or after January 1, 1999, a taxpayer shall be allowed a credit against the tax imposed pursuant to Article 10 (§ 58.1-400 et seq.) of Chapter 3 of this title in an amount not to exceed $100,000 per taxpayer for contributions to the Advantage Virginia Incentive Fund established in § 23-38.53:13.