
H. B. 2728


(By Delegates Ashley, Amores
and Perdue)


[Introduced February 10, 1999; referred to the


Committee on Education then Finance.]
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 the addition of
persons sixty years of age or older to the classes of
persons permitted to attend state institutions of higher
education on a space available basis without payment of
tuition and certain fees; providing for promulgation of
rules by the governing boards.
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 person any
tuition or any fees, including those provided in sections two and
three of this article, if such person is sixty years of age or
older or 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
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.
NOTE: The purpose of this bill is to permit persons sixty
years of age or older to attend state institutions of higher
education on a space available basis without payment of tuition
and certain regular fees, subject to rules of the governing
boards.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.