WEST virginia legislature

2024 regular session

Committee Substitute

for

House Bill 4882

By Delegates Hanshaw (Mr. Speaker), Hornbuckle, Hornby, Kimble, Warner, Tully, Cooper, Heckert, and Fehrenbacher

[Originating in the Committee on Finance; Reported on February 21, 2024]

A BILL to amend and reenact §18B-10-1a of the West Virginia Code 1931, as amended, to extend in-state tuition rates to all members and veterans of the National Guard, reserves, and armed forces as well as their spouses and dependents, when they choose to move to West Virginia for the purpose of attending state institutions of higher education.

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 or veterans of the National Guard, reserves, and armed forces, and their spouses and dependents.

(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 Notwithstanding any provision of this code to the contrary, the following persons shall be charged in-state tuition rates at the state’s institutions of higher education regardless of domicile:

(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;

(2)  Current members of the United States armed forces who reside in or move to West Virginia;

(3) Veterans of the National Guard, a reserve unit, or the armed forces of the United States who reside in or move to West Virginia for the purpose of attending a state institution of higher education; and

(4) Spouses or dependents of a member or veteran of the National Guard, a reserve unit, or the armed forces of the United States who reside in or move to West Virginia with such member or veteran.

(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 The requirements of this section may not be construed to deny to a person eligible for in-state tuition rates under this section any waiver of tuition rates otherwise available to that person under any other provision of this code.

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