SENATE CONCURRENT RESOLUTION 102

(By Senators Blair (Mr. President), Azinger, Barrett, Boley, Caputo, Chapman, Clements, Deeds, Grady, Hamilton, Hunt, Jeffries, Maroney, Martin, Maynard, Nelson, Oliverio, Phillips, Plymale, Queen, Roberts, Rucker, Smith, Stover, Stuart, Swope, Takubo, Tarr, Taylor, Trump, Weld, Woelfel, and Woodrum)

[Introduced May 19, 2024]

Extending the State of Emergency and suspension of certain regulatory statues and rules requiring completion of the Free Application for Federal Student Aid as declared by the Governor of West Virginia on April 30, 2024, in Executive Order No. 2-24.

Whereas, On April 30, 2024, Governor James C. Justice II entered Executive Order No. 2-24, finding and declaring that a State of Emergency exists and continues throughout the State of West Virginia due to the severe impact on students seeking financial assistance to attend colleges and universities in West Virginia resulting from the delayed rollout and problematic implementation of the “simplified” Free Application for Federal Student Aid (FAFSA) by the U.S. Department of Education on December 30, 2023; and

Whereas, In response to this State of Emergency, the Governor invoked the emergency powers set forth in W. Va. Code §15-5-6 and suspended the following rules to the extent necessary to waive the requirement that a completed FAFSA be submitted as a condition of eligibility for state-funded financial aid programs to the students of this state for the duration of this State of Emergency: 133 C.S.R. 7, 133 C.S.R. 42,133 C.S.R. 6, and 135 C.S.R. 8, as well as any other regulatory statutes or rules that may be identified by the West Virginia Higher Education Policy Commission and the Council for Community and Technical College Education that required completion of the FAFSA as a condition of eligibility for state-funded financial aid programs; and

Whereas, Pursuant to W. Va. Code §15-5-6(b), the State of Emergency will expire on June 29, 2024, being 60 days after issuance of Executive Order No. 2-24, unless the Legislature passes a concurrent resolution extending the State of Emergency; and

Whereas, The Legislature finds that the problems and issues with implementation of the FAFSA are ongoing and continue to jeopardize college access and affordability for many students seeking to attend colleges and universities in West Virginia; and

Whereas, the Legislature finds that conditions warranting the proclamation of a state of emergency, as defined in W. Va. Code §15-5-1 et seq., exist, and that the health, safety, and welfare of the inhabitants of this state require an invocation of the provisions of W. Va. Code §15-5-6; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby extends the State of Emergency and suspension of certain regulatory statues and rules requiring completion of the Free Application for Federal Student Aid as declared by the Governor of West Virginia on April 30, 2024, in Executive Order No. 2-24; and, be it

Further Resolved, That the State of Emergency shall terminate on October 15, 2024, unless earlier terminated by a proclamation of termination by the Governor, or the passage by the Legislature of a concurrent resolution terminating the State of Emergency, pursuant to W. Va. Code §15-5-6(b).