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
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
ARTICLE 4. VETERANS EMPLOYMENT AND TRAINING PRIORITY.
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.
(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
(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
(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.