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.