
H. B. 2054


(By Delegates Frederick, Yeager, Flanigan, Evans


and Wills)


[Introduced January 13, 1999; referred to the


Committee on Veterans' Affairs then Education.]
A BILL to amend and reenact section nine, article one, chapter
nine-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; and to further amend said
article by adding thereto a new section, designated section
nine-a, all relating to providing for free passes to high
school, college or university sporting events, to retired
persons, sixty-five years old or older, who served in the
military for at least two years, were honorably discharged
and who reside in the state; and providing that the division
of veterans' affairs administer the dispensation of free
passes by providing an application process to determine
eligibility and by issuing passes to eligible applicants.
Be it enacted by the Legislature of West Virginia:
That section nine, article one, chapter nine-a of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that said article be
further amended by adding thereto a new section, designated
section nine-a, all to read as follows:
ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.
§9A-1-9. Duties of division.
The division of veterans' affairs of West Virginia shall:
(1) Assist veterans, their widows, dependents and orphans
within the state, in properly presenting their claims before the
United States veterans' administration, its administrator, or any
federal agency, the state of West Virginia, or any of the several
states of the United States, when the claims arise out of service
with the armed forces of the United States as defined in section
one of this article;
(2) Contact all veterans' organizations in this state
through their duly elected or appointive officers to effectuate
the purposes of this article and aid in the efficiency of the
operations of the division;
(3) Render all possible and proper advice, assistance and
counsel to veterans, their families, and their widows, dependents
and orphans, within the state, and furnish them information on
compensation, allowances, pensions, insurance, rehabilitation, hospitalization, education, vocational training, or refresher or
retraining courses in education or training, employment, loans or
aid for the purchase, acquisition or construction of homes,
farms, farm equipment and business property, preference in the
purchase of property and preference in employment, as provided or
may be provided by any federal act, any federal agency, this
state or other states;
(4) Make careful inquiry into all claims presented for
payment out of the state treasury from any appropriation made for
the benefit of veterans, their widows, dependents and orphans;
(5) Administer the program provided in section nine-a of
this article by providing applications along with attending
document requirements to all veterans, sixty-five years or older,
seeking to take part in the program. Applications and required
attending documentation shall demonstrate that a veteran resides
in this state, served for a minimum of two years in a branch of
the United States military, was discharged honorably, and is
retired from his or her employment, vocation or profession,
whether the employment, vocation or profession was related to his
or her military service or not.
§9A-1-9a. Free passes for retired veterans to high school,





college and university athletic events.



(a) Beginning the first day of July, one thousand nine hundred ninety-nine, resident military veterans who are: (1)
Retired from their employment, vocation or profession; (2) have
at least two years of combined or continuous service in any
branch of the armed forces; (3) were honorably discharged; and
are sixty-five years old or older, are eligible for free passes
to any public high school, college or university athletic event
in this state: Provided, That any retiree shall first make
application to the division of veterans' affairs upon a form
provided from the division, in addition, to providing copies of
any reasonably required documentation that demonstrates that the
applicant is a resident of this state, served in a branch of the
armed forces for at least two years, was honorably discharged, is
sixty-five years old or older, and that he or she is retired and
nonworking in relation to any employment, vocation or profession,
whether the employment, vocation or profession was related to his
or her military service or not.



(b) The division of veterans' affairs, upon determining an
applicant qualifies under this section, shall issue a permanent
pass bearing a recent photograph of the applicant, the
applicant's date of birth, social security number and address.
The pass shall also list the branch or branches of the armed
forces in which the applicant served and his or her dates of
service. A pass issued under this section entitles a retired
veteran to admittance to any public high school, college or university athletic event in this state: Provided, That
admittance shall be conditioned on seat availability existing at
the time the retired veteran presents a free pass for admittance:
Provided, however, That nothing contained in this section may
require admission of any unruly, inebriated, intoxicated,
unreasonably loud, boisterous or otherwise noncompliant
individual.







NOTE: The purpose of this bill is to provide that retired
persons, sixty-five or older, who are veterans of at least two
years of military service, who were honorably discharged and who
are residents of this state, be allowed to apply for and receive
passes that allow them admittance to high school, college or
university athletic events in this state. The bill further
provides that admission is conditioned on seat availability and
that unruly persons bearing passes may be denied admission.







Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.



§9A-1-9a is new, therefore, strike-throughs and underscoring
are omitted.