Senate Bill No. 305
(By Senator Whitlow)
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[Introduced February 5, 1996; referred to the Committee
on Military; and then to the Committee on Finance.]
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A BILL to amend article two, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
twenty-five-a; and to amend and reenact section eleven,
article ten, chapter eighteen-b of said code, all relating
to providing a free pass for military retirees to high
school and college athletic events.
Be it enacted by the Legislature of West Virginia:
That article two, chapter eighteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-five-a; and that section eleven, article ten, chapter eighteen-b be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-a. Free passes for military retirees.
Beginning the first day of July, one thousand nine hundred
ninety-six, all military retirees who have at least twenty years
of combined or continuous service in the armed forces of the
United State of America or any state national guard unit, and who
were honorably discharged, shall be eligible for a free pass to
any high school athletic event: Provided, That any retiree must
first apply for a pass from the principal of the high school, at
which he or she wishes to attend athletic events. The principal
of the high school, at which the retiree designates, shall issue
the pass upon request from the retiree and upon proper
presentation by the retiree of the retiree's discharge papers.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT STATE INSTITUTIONS
OF HIGHER EDUCATION
§18B-10-11. Fees and money derived from athletic contests.
The directors of athletics at state institutions of higher
education may fix and charge admission fees to athletic contests
at state institutions of higher education and may enter into contracts and spend and receive money under such contracts for
the student athletic teams of state institutions of higher
education to contest with other athletic teams inside or outside
the state. All money received from such fees and contracts shall
be deposited into the athletic accounts of the state institutions
of higher education.
Beginning the first day of July, one thousand nine hundred
ninety-six, all military retirees who have at least twenty years
of combined or continuous service in the armed forces of the
United States of America or any state national guard unit, and
who were honorably discharged, shall be eligible for a free pass
to any college or university athletic event: Provided, That any
retiree must first apply for the pass from the athletic director
of the college or university at which he or she wishes to attend
athletic events. The athletic director of the college or
university, at which the retiree designates, shall issue the pass
upon request from the retiree and upon proper presentation by the
retiree of the retiree's discharge papers.
All money derived from such fees and under such contracts
shall be used to defray the cost of maintaining the athletic
department and athletic program of such institutions. The operation of training camps and training tables and providing
room accommodations for participants in the athletic program of
such the institutions shall be recognized and considered as a
proper part of such maintenance, but the specific mention of
training camps and training tables and providing room
accommodations shall not be construed or understood to limit in
any way the general power and authority otherwise granted and
conferred by this section: Provided, That: (1) One percent of
the total gross receipts deposited into the athletic accounts;
and (2) not less than twenty-five percent of the net receipts
from televised athletic events, bowl games and post-season
tournaments deposited into the athletic accounts shall be
transferred into a separate and distinct special revenue account
for each individual state institution of higher education, which
special revenue account shall be designated "athletic facilities
construction, repair or replacement reserve account," in the
state treasury. Such revenues shall be used only for
construction, repair or replacement of athletic facilities at the
same individual state institution of higher education to which
such special revenue account is credited. Notwithstanding any
other provision in this section to the contrary, in the year in which they are received, no more than twenty-five percent of the
net receipts from televised athletic events, bowl games and
post-season tournaments deposited into athletic accounts may be
transferred into other accounts of the same state institution of
higher education having such receipts for the support of academic
programs to meet an occasional rather than recurrent need or
expense, and in accord with legislative rules promulgated by the
appropriate governing board in accordance with chapter twenty-
nine-a of this code, notwithstanding any other provision of this
code to the contrary.
NOTE: The purpose of this bill is to provide free passes to
military retirees at high school and college athletic events.
§18-2-25a is new, therefore, strike-throughs and
underscoring are omitted.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.