SB 156 Text

COMMITTEE SUBSTITUTE
FOR

Senate Bill No. 156
(By Senators Unger and Hunter)
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[Originating in the Committee on Education;
reported February 15, 2008.]
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A BILL to amend and reenact §18B-10-7 of the Code of West Virginia, 1931, as amended, relating to granting tuition waivers to the children and spouses of National Guard members, members of a reserve component of the armed forces and active military duty personnel killed in the line of duty.

Be it enacted by the Legislature of West Virginia:
That §18B-10-7 of the Code of West Virginia, 1931, 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, firefighters, National Guard personnel, reserve personnel and active military duty personnel killed in the line of duty.

(a) Each state institution of higher education shall permit any person to attend its undergraduate courses and classes if classroom space is available without charging the person any tuition or ~~any~~ fees, if:
(1) The person is the child or spouse of an individual who was:
(A) A law-enforcement officer as defined in section one, article twenty-nine, chapter thirty of this code;
(B) A correctional officer at a state penal institution;
(C) A parole officer;
(D) A probation officer;
(E) A conservation officer; or
(F) A registered firefighter; and
(12) Killed in the line of duty while:
(A) Employed by the state or any political subdivision of the state; or
(B) A member of a volunteer fire department serving a political subdivision of this state.
(b) Each state institution of higher education shall permit any person to attend its undergraduate courses and classes if classroom space is available without charging the person any tuition or fees if the person is the child or spouse of:
(1) A National Guard member or a member of a reserve component of the armed forces killed in the line of duty. A member of the National Guard or a member of a reserve component of the armed forces is considered to have been killed in the line of duty if his or her death results from performance of a duty required by his or her orders or commander while in an official duty status, other than on federal active duty, authorized under federal or state law; or
(2) A person on federal or state active military duty who is a resident of this state and is killed in the line of duty. A person on federal or state active military duty who is a resident of this state is considered to have been killed in the line of duty if death results from performance of a duty required by his or her orders or commander while in an official duty status.
~~(b)~~ (c) The state institution of higher education may require the person to pay:
(1) Special fees, including any laboratory fees, if the fees are required of all other students taking a single course or that particular course; and
(2) Parking fees.
~~(c)~~ (d) The governing boards may promulgate rules:
(1) For determining the availability of classroom space;
(2) As it considers necessary to implement this section; and
(3) Regarding requirements for attendance, which may not exceed ~~such~~ the requirements for other persons.
~~(d)~~ (e) The governing boards may extend to persons attending courses and classes under this section any rights, privileges or benefits extended to other students which it considers appropriate.

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