WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

ENROLLED

House Bill 5110

By Delegates Rohrbach and Amos

[Passed March 10, 2026; in effect 90 days from passage (June 8, 2026)]

AN ACT to amend and reenact §18B-10-7a of the Code of West Virginia, 1931, as amended, relating to tuition and fee waivers or adjustments for resident students and certain non-resident students; decreasing the eligibility age from 65 to 60 years of age or older; and for the no credit option, requiring that any differential tuition for qualified nonresident students not exceed 50 percent of the rate for West Virginia resident students.

Be it enacted by the Legislature of West Virginia:

Article 10. Fees and Other Money Collected at State Institutions of Higher Education.

§18B-10-7a. Tuition and fee waivers or adjustments for residents and certain nonresidents at least 60 years old.

(a) Each governing board shall promulgate a rule establishing a reduced tuition and fee program for senior citizens. The rule shall include at least the following:

(1) One option for individuals who attend undergraduate and graduate courses without receiving credit and one option for those who attend undergraduate and graduate courses for credit;

(2) A requirement that the following conditions be met under either option of the program:

(A) The participant is a resident of West Virginia or classified as a metro area student at the institution;

(B) The participant is 60 years of age or older; and

(C) Classroom space is available;

(3) A method of establishing priority for allowing a participant to attend a class or course;

(4) A determination of whether to require participants to pay special fees, including laboratory fees, if the fees are required of all other students;

(5) A determination of whether to require participants to pay for parking;

(6) Requirements for participants in the program under the no credit option:

(A) A grade or credit may not be given; and

(B) The total tuition and fees charged for each course or class, excluding laboratory and parking fees, may not exceed $50. After July 1, 2004, the governing boards may change the maximum fee; and

(C) Any differential tuition for qualified nonresident students shall not exceed 50 percent of the rate for West Virginia resident students;

(7) A requirement for participants in the program under the for-credit option that tuition and fee rates may not exceed 50 percent of the normal rates charged to state residents by the institution.

(b) The provisions of this section apply to both classroom-based courses, electronic and Internet-based courses, and all other distance education delivery.

The Clerk of the House of Delegates and the Clerk of the Senate hereby certify that the foregoing bill is correctly enrolled.

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Clerk of the House of Delegates

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Clerk of the Senate

Originated in the House of Delegates.

In effect 90 days from passage.

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Speaker of the House of Delegates

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President of the Senate

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The within is ................................................ this the...........................................

Day of ..........................................................................................................., 2026.

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Governor