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Introduced Version Senate Bill 567 History

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sb567 intr
Senate Bill No. 567

(By Senators Unger, Oliverio, Jenkins, Minard and Harrison)

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[Introduced March 17, 2005; referred to the Committee

on Military; and then to the Committee on Finance.]

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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 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 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 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 be added.

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