Senate Bill No. 156
(By Senators Unger and Hunter)
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[Introduced January 10, 2008; referred to the Committee
on Education; 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 the person any tuition or
any fees, if:
(1) The person is the child or spouse of an individual who
was:
(A) A law-enforcement officer as defined in section one,
article twenty-nine, chapter thirty of this code;
(B) A correctional officer at a state penal institution;
(C) A parole officer;
(D) A probation officer;
(E) A conservation officer; or
(F) A registered firefighter; and
(2) Killed in the line of duty while:
(A) Employed by the state or any political subdivision of the
state; or
(B) A member of a volunteer fire department serving a
political subdivision of this state.
(b) Each state institution of higher education shall permit
any person to attend its undergraduate courses and classes if
classroom space is available without charging the person any
tuition or any fees if the person is the child or spouse of:
(1) A
National Guard member killed in the line of duty. A
member of the National Guard who is 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
; or
(2) A person on federal or state active military duty who is
a resident of this state and is killed in the line of duty. A
person on federal or state active military duty who is a resident
of this state is 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.
(b) (c) The state institution of higher education may require
the person to pay:
(1) Special fees, including any laboratory fees, if the fees
are required of all other students taking a single course or that
particular course; and
(2) Parking fees.
(c) (d) The governing boards may promulgate rules:
(1) For determining the availability of classroom space;
(2) As it considers necessary to implement this section; and
(3) Regarding requirements for attendance, which may not
exceed such requirements for other persons.
(d) (e) The governing boards may 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 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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