ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 2697

(By Delegates Pino, Doyle and Manuel)


[Passed March 12, 1999; in effect ninety days from passage.]



AN ACT to amend article ten, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seven-a, relating to establishing programs at state institutions of higher education allowing residents who are at least sixty-five years old to audit, or take for credit, classes at reduced rates.

Be it enacted by the Legislature of West Virginia:

That article ten, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seven-a, to read as follows:
ARTICLE 10. FEES AND OTHER MONEYCOLLECTED AT STATE INSTITUTIONS OF HIGHER EDUCATION.
§18B-10-7a. Tuition and fee waivers or adjustments for residents at least sixty-five years old.

The board of trustees and the board of directors shall promulgate a joint rule in accordance with article three-a, chapter twenty-nine-a of this code that establishes a reduced tuition and fee program for senior citizens. The joint rule shall include at least the following:
(a) The program shall include one option for those who attend undergraduate and graduate courses without receiving credit and one option for individuals who attend undergraduate and graduate courses for credit;
(b) A participant under either option of the program shall meet the following requirements:
(1) The participant is a resident of West Virginia;
(2) The participant is sixty-five years of age or older;
(3) Classroom space is available; and
(4) The instructor of the class consents;
(c) A method of establishing priority for allowing a participant to attend a class or course;
(d) A determination of whether to require participants to pay special fees, including laboratory fees, if the fees are required of all other students;
(e) A determination of whether to require participants to pay for parking;
(f) For participants in the program under the no credit option:
(1) A grade or credit may not be given; and
(2) The total tuition and fees charged for each course or class, excluding laboratory and parking fees, may not exceed fifty dollars: Provided, That after the first day of July, two thousand four, the governing boards may by joint rule change the maximum fee; and
(g) For participants in the program under the for credit option, tuition and fee rates may not exceed fifty percent of the normal rates charged to state residents by the institution.