H. B. 4286


(By Delegates Givens, Thompson, Seacrist,
Linch, Kelley, Yeager and Collins)
[Introduced February 6, 1998; referred to the
Committee on Veterans' Affairs then Government Organization.]


A BILL to amend chapter nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article four, relating to granting priority to veterans for federal and state employment and training programs.

Be it enacted by the Legislature of West Virginia:
That chapter nine-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article four, to read as follows:
ARTICLE 4. VETERANS EMPLOYMENT AND TRAINING PRIORITY.

§9A-4-1. Purpose.

The purpose of this article is to afford veterans of the United States military priority over all other individuals who seek employment and training services provided by federal and state funded programs within West Virginia.
§9A-4-2. Definitions.
(a) "Discrimination" means any act which results in the exclusion of an eligible veteran from accessing a service or training program on the basis of veteran status.
(b) "Eligible veteran" means a person who:
(1) Served on active duty and was discharged or released from active duty with an honorable discharge or because of a service-connected disability; or
(2) As a member of a reserve component under an order to active duty, served on active duty during a period of war or in a campaign or expedition for which a campaign badge or ribbon is authorized and was discharged or released from such duty with an honorable discharge.
(c) "Priority of service" means the right to priority service in any employment or training program offered citizens of West Virginia which is funded, in whole or in part, through federal or state moneys.
(d) "Reserve component" means any branch of the military which is called up to active duty, including any military defense forces.
(e) "Training program" means any program which offers citizens of West Virginia an opportunity to receive federal or state funded training leading to qualification for employment or improved skills or both.
(f) "Training provider" means any private or public entity which has been certified by competent authority to provide training funded under federal grants or state appropriations in support of the workforce development act.
§9A-4-3. Program eligibility.
For a veteran to receive priority in services provided for a specific program, the veteran shall first meet the eligibility criteria and qualifications of the specific program.
§9A-4-4. Application for priority of services.
A veteran shall make application for priority of services with the provider of services by completing required documentation and identifying to the satisfaction of the provider his or her eligibility in accordance with subsection (b), section two of this article.
§9A-4-5. Priority of services.
Any eligible veteran who has applied for priority of services, and who has otherwise met the eligibility criteria for the specific service to be provided, shall be afforded priority in the provision of that service over all nonveterans.
§9A-4-6. Discrimination complaints.
Complaints of discrimination arising under this article shall be investigated and remedied to the extent allowed by law. Complaints shall be filed with the division of veterans' affairs by the veteran or such veteran's authorized representative.
§9A-4-7. Federal law.
Provisions of this article shall be superseded by federal laws and regulations which are more stringent or which provide specific veterans preference or priority of service relative to administering employment and training programs.



NOTE: The purpose of this bill is to grant priority to veterans for federal and state employment and training programs.

This article is new; therefore, strike-throughs and underscoring have been omitted.