H. B. 2728


(By Delegates Ashley, Amores
and Perdue)

[Introduced February 10, 1999; referred to the
Committee on Education then Finance.]



A BILL to amend and reenact section seven, article ten, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the addition of persons sixty years of age or older to the classes of persons permitted to attend state institutions of higher education on a space available basis without payment of tuition and certain fees; providing for promulgation of rules by the governing boards.

Be it enacted by the Legislature of West Virginia:
That section seven, article ten, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.

§18B-10-7. Tuition and fee waivers for children and spouses of officers and firefighters killed in the line of duty and senior citizens.

Each state institution of higher education shall permit any person to attend its undergraduate courses and classes if classroom space is available without charging such person any tuition or any fees, including those provided in sections two and three of this article, if such person is sixty years of age or older or the child or spouse of a law-enforcement officer as defined in section one, article twenty-nine, chapter thirty of this code, a correctional officer at a state penal institution, a conservation officer or a registered firefighter and such officer or firefighter was killed in the line of duty while employed by the state or any political subdivision thereof, or such firefighter was a member of a volunteer fire department serving a political subdivision of this state: Provided, That the state institution of higher education may require such person to pay special fees, including any laboratory fees, if such fees are required of all other students taking a single or the particular course and may also require such person to pay for parking. The governing boards may promulgate rules for determining the availability of classroom space and other rules as it considers necessary to implement this section, including rules regarding qualifications for attendance, which shall not exceed the qualifications required of other persons.
The governing boards may also extend to persons attending courses and classes under this section any rights, privileges or benefits extended to other students which it considers appropriate.


NOTE: The purpose of this bill is to permit persons sixty years of age or older to attend state institutions of higher education on a space available basis without payment of tuition and certain regular fees, subject to rules of the governing boards.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.