H. B. 2820
(By Mr. Speaker, Mr. Chambers, and Delegates Leach, Bennett,
J. Martin, Linch, Willison and Everson)
[Passed March 10, 1995; in effect ninety days from passage.]
AN ACT to amend and reenact sections one, two and three, article
two, chapter nine-a of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, all relating
to the veterans home in Barboursville and its ability to
meet state and federal funding requirements.
Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article two, chapter
nine-a of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, all to read as
ARTICLE 2. STATE HOMES FOR VETERANS.
§9A-2-1. State homes for veterans.
In consultation with the governor and other appropriate
state agencies, the division of veterans' affairs shall establish and maintain a home for qualified veterans. The home in
Barboursville shall be designated as the sole veterans home of
its type in the state. As used in this article the term
"qualified veteran" means a veteran as determined by the
division of veterans' affairs, who meets the requirements under
federal regulations and laws.
Any individual enlisting for the first time on or after the
eighth day of September, one thousand nine hundred eighty, who
fails to complete at least twenty-four months of his or her
enlistment is not eligible for any right, privilege or benefit
for which eligibility is based on active duty in the armed
forces. This provision does not apply when a person: (a) Is
discharged because of hardship; (b) is retired or separated
because of disability; or (c) is later determined to have a
service connected disability incurred during a completed period
In the event that a residential vacancy exists at any
veterans home or facility created and established pursuant to
this article, a veteran who has been a resident of the state of
West Virginia for one year or more prior to filing for admission
shall be given preference in filling such residential vacancy
over nonresident veterans.
§9A-2-2. Funds collected from the federal government; other
sources; use of funds.
The division of veterans' affairs is hereby authorized and
directed to receive moneys from the federal government, any
agency thereof, from state appropriations, from resident
contributions or from any other appropriate source, for the
purpose of maintaining the state veterans' home at Barboursville,
which purpose shall include, but not limited to, expenditures for
improvement and renovation of physical facilities, personal care
costs and medical, nursing and dental services.
The money so collected shall be placed in special accounts
according to the source of funds and limitation on the use of the
funds. These accounts shall be administered by the director of
the West Virginia division of veterans' affairs. These funds
shall be deposited in the state treasury and paid out only on
such vouchers as may be authorized and approved by the director
of the West Virginia division of veterans' affairs, in the same
manner and under the same restrictions as are now provided by law
for the disbursement of funds by that division. These funds
shall only be used as directed or restricted by the source of the
§9A-2-3. Powers of division of veterans' affairs.
The division of veterans' affairs is authorized and empowered to establish rules and regulations providing for the
tenure, treatment, eligibility and discharge of eligible veterans
at the veterans' home. The rules shall be promulgated to ensure
that the division, in carrying out its duties, shall comply with
all federal requirements imposed on such a facility. Moreover,
notwithstanding any code provisions to the contrary, rules shall
be promulgated that: (1) Meet federal standards for domiciliary
care; (2) define domiciliary; (3) define admittance to comply
with state and federal requirements including current West
Virginia resident or enlisted in service from West Virginia, war
time service or service during a declared national emergency,
Veterans Administration eligibility requirements for per diem,
honorably discharged, suffering from a disability due to age,
disease or defect that prevents them from earning a living.