WEST virginia legislature

2021 regular session

Enrolled

Senate Bill 307

By Senators Weld, Phillips, Stollings, Nelson, Rucker, Romano, and Plymale

[Passed April 6, 2021; in effect 90 days from passage]

ANACT to amend and reenact §18B-10-1a of the Code of West Virginia, 1931, as amended, relating generally to in-state residency tuition rates; providing that nonresident members of a reserve unit in West Virginia qualify as residents for purposes of determining tuition rates; removing the requirement that members of the National Guard participate in the National Guard education services program; and providing that current members of the United States armed forces who reside in West Virginia qualify as residents for purposes of determining tuition rates.

Be it enacted by the Legislature of West Virginia:

ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.

§18B-10-1a. Resident tuition rates for members of the National Guard, reserves, and armed forces.

(a) The term “resident” or “residency”, or any other term or expression used to designate a West Virginia resident student, when used to determine the rate of tuition to be charged students attending state institutions of higher education, shall be construed to include the following:

(1) Members of the National Guard or reserves who are not residents of West Virginia but who are active members of a National Guard or reserve unit in West Virginia; and

(2) Current members of the United States armed forces who reside in West Virginia.

(b) A person who qualifies as a resident, as that term is defined in subsection (a) of this section, on the first day of the semester or term of the college or institution, shall be charged resident tuition rates.

(c) The provisions of this section apply at the beginning of the semester or term immediately following the effective date of this section.