COMMITTEE SUBSTITUTE

FOR

H. B. 2697

(By Delegates Pino, Doyle and Manuel)


(Originating in the Committee on Finance)


[March 1, 1999]


A BILL to amend and reenact section seven, article ten, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to institutions of higher education; tuition and fee waivers; waivers for children and spouses of officers and firefighters killed in the line of duty; waivers for certain persons at least age sixty-five.

Be it enacted by the Legislature of West Virginia:

That section seven, article ten, chapter eighteen-b of the code of West Virginia, one thousand nine hundred thirty-one, 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 and senior citizens.
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 the person any tuition or any fees, including those provided in sections two and three of this article, if such the person is at least sixty- five years of age or 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 or a registered firefighter and such that officer or firefighter was killed in the line of duty while employed by the state or any political subdivision thereof, or such the 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 the person to pay special fees, including any laboratory fees, if such the fees are required of all other students taking the particular course and may also require such the person to pay for parking: Provided, however, That under the provisions of this section persons aged sixty-five or older may also attend graduate courses: Provided further, That persons aged sixty-five or older may attend the undergraduate or graduate courses under the provisions of this section on an audit basis only, and may not receive college credit for the course attend: And provided further, That persons aged sixty-five or older attending any course under the provisions of this section may not be counted towards full-time enrollment for the purposes of distribution of the funds using the resource allocation model and resource allocation policy. The governing boards may promulgate rules for determining the availability of classroom space and other rules as it considers they consider necessary to implement this section, including rules regarding qualifications for attendance, which shall may 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.