Senate Bill No. 567
(By Senators Unger, Oliverio, Jenkins, Minard and Harrison)
[Introduced March 17, 2005; referred to the Committee
on Military; and then to the Committee on Finance.]
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 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 and firefighters killed in the line of
(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 such person any tuition or any fees, including those provided in sections two and
three of this article, if such person is 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, National Guard
members and certain other individuals who are on federal or state
active military duty who are residents of this state, 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.
(b) A member of the National Guard shall be deemed to have been killed in the performance of his or her duties 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.
(c) An individual who is on federal or state active military
duty who is a resident of this state shall be deemed to have been
killed in the performance of duty if death results from performance
of a duty required by his or her orders or commander while in an
official duty status.
NOTE: The purpose of this bill is to provide for tuition
waivers for the children and spouses of National Guard and active
military duty personnel who are killed in the line of duty.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would