H. B. 2340
(By Delegates Doyle and Campbell)
[Introduced January 13, 2010; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §18B-10-5 and §18B-10-6 of the Code of
West Virginia, 1931, as amended, all relating to fee waivers
to certain students and faculty and staff at institutions of
higher education at undergraduate and graduate levels;
applying this exemption to all institutions; and extending the
exemption to nonresident faculty and staff only up to the
amount of in-state tuition.
Be it enacted by the Legislature of West Virginia:
That §18B-10-5 and §18B-10-6 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION.
§18B-10-5. Fee waivers -- Undergraduate schools.
Each governing board periodically may establish fee waivers
for students in undergraduate studies
and faculty and staff at institutions under its jurisdiction entitling recipients to waiver
of tuition, capital and other fees subject to the following
conditions and limitations:
(a) Undergraduate fee waivers established by the governing
boards of Marshall University and West Virginia University,
respectively, for the state institutions of higher education known
as Marshall University and West Virginia University, are subject to
the provisions of section six-a of this article;
(b) For the governing boards of state institutions of higher
education other than the state institutions of higher education
known as Marshall University and West Virginia University, the
following conditions apply:
(1) An institution may not have in effect at any time
undergraduate fee waivers totaling more in value than five percent
of the tuition and required fees assessed for all full-time
equivalent undergraduate students registered during the fall
semester of the immediately preceding academic year.
(2) (1) Each undergraduate fee waiver entitles the recipient
of the waiver to attend a designated state institution of higher
education without payment of the tuition, capital and other fees as
may be prescribed by the governing board and is for a period of
time not to exceed eight semesters of undergraduate study:
Provided, That, in the case of undergraduate faculty and staff who
are nonresidents of the state, the exemption applies only up to the amount of in-state tuition.
(3) (2) The governing board shall make rules pursuant to the
provisions of section six, article one of this chapter governing
the award of undergraduate fee waivers; the issuance and
cancellation of certificates entitling the recipients to the
benefits of the waiver; the use of the fee waivers by the
recipients; and the rights and duties of the recipients with
respect to the fee waivers. These rules may not be inconsistent
with the provisions of this section.
(4) (3) The awarding of undergraduate fee waivers shall be
entered in the minutes of the meetings of the governing board.
(5) (4) Students enrolled in an administratively linked
community and technical college shall be awarded a proportionate
share of the total number of undergraduate fee waivers awarded by
a governing board. The number to be awarded to students of the
community and technical college is based upon the full-time
equivalent enrollment of that institution.
(6) (5) An institution may grant fee waivers to its employees,
their spouses and dependents and these waivers are not counted when
determining the maximum percentage of waivers permitted by this
section.
(7) (6) Any fee waivers mandated by this article or by section
three, article nineteen, chapter eighteen of this code are not
counted when determining the maximum percentage of waivers permitted by this section.
§18B-10-6. Fee waivers -- Professional and graduate schools.
In addition to the fee waivers authorized for undergraduate
study by the provisions of section five of this article, each
governing board periodically may establish fee waivers for study in
graduate and professional schools under its jurisdiction, including
medicine and dentistry, entitling the recipients to waiver of
tuition, capital and other fees subject to the following conditions
and limitations:
(a) Graduate and professional fee waivers established by the
governing boards of Marshall University and West Virginia
University, respectively, are subject to the provisions of section
six-a of this article;
(b) For the governing boards of state institutions of higher
education other than the state institutions of higher education
known as Marshall University and West Virginia University, the
following conditions apply:
(1) An institution may not have in effect at any time graduate
and professional school fee waivers totaling more in value than
five percent of the tuition and required fees assessed for all
full-time equivalent graduate and professional students registered
during the corresponding fall semester, spring semester and summer
term of the immediately preceding academic year. In addition to
the five percent in this subdivision, All graduate assistants,
including faculty and other staff, employed by these institutions
shall be granted a fee waiver:
Provided, That, in the case of
graduate faculty and staff who are nonresidents of the state, the
exemption applies only up to the amount of in-state tuition.
(2) Each graduate or professional school fee waiver entitles
the recipient to waiver of the tuition, capital and other fees as
may be prescribed by the governing boards and is for a period of
time not to exceed the number of semesters normally required in the
recipient's academic discipline.
(3) The governing boards shall make rules pursuant to the
provisions of section six, article one of this chapter governing
the award of graduate and professional school fee waivers; the
issuance and cancellation of certificates entitling the recipients
to the benefits of the waivers; the use of the fee waivers by the
recipients; and the rights and duties of the recipients with
respect to the fee waivers. These rules may not be inconsistent
with the provisions of this section.
(4) The awarding of graduate and professional school fee
waivers shall be entered in the minutes of the meeting of each
governing board.
(5) An institution may grant fee waivers to its employees,
their spouses and dependents, and these waivers are not counted
when determining the maximum percentage of waivers permitted by
this section.
(6) Any fee waivers mandated by this article or by section
three, article nineteen, chapter eighteen of this code are not
counted when determining the maximum percentage of waivers
permitted by this section.
NOTE: The purpose of this bill is to approve fee waivers for
certain students and faculty and staff at institutions of higher
education at undergraduate and graduate levels. The bill applies
this exemption to all such institutions. It further provides that
nonresident faculty and staff may get the exemption only up to the
amount of in-state tuition.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.