H. B. 2060
(By Delegates Givens and Martin)
(Originating in the House Committee on Veterans Affairs)
[January 20, 2000]
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 in certain 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 TRAINING PRIORITY.
(a) The Legislature finds that West Virginia veterans
represent a strong and productive part of the workforce of this
state. They are frequently disadvantaged in their pursuit of
civilian employment as a result of military service and delayed
entry into the civilian labor market. It is, therefore, in the public interest and welfare that veterans continue to be provided
the traditional priority of services in workforce development
programs administered under the provisions of the federal
Workforce Investment Act of 1998.
(b) The purpose of this article is to require all federal
and state funded employment and training programs offered within
West Virginia to adopt a written policy providing priority of
service to veterans of the United States military over other
individuals seeking employment and training services.
(a)"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
(b) "Priority of service" means the right to priority in any
employment or training program offered citizens of West Virginia
which is funded, in whole or in part, through federal or state
(c) "Reserve component" means any branch of the military
which is called up to active duty, including any military defense forces.
(d) "Training program" means a program that provides
training leading to qualification for employment, or improved
skills, or both, funded in whole or in part through the workforce
investment act or another federal or state act administered
through the state and having as its primary purpose workforce
(e) "Training provider" means any private or public entity
which has been certified by competent authority to provide
training funded by federal or state funds appropriated in the
budget under the jobs training partnership act or another federal
or state act having as its primary purpose workforce development.
§9A-4-3. Program eligibility.
For a veteran to receive a priority in services designation
for a federal or state funded training program, the veteran shall
first meet the eligibility criteria and qualifications of the
§9A-4-4. Application for priority of services.
A veteran shall make application for a priority of services
designation with the training provider by completing required
documentation and identifying to the satisfaction of the training
provider his or her eligibility in accordance with subsection
(b), section two of this article.
§9A-4-5. Priority of services.
An eligible veteran who has applied for and received a priority of services designation and who has otherwise met the
eligibility criteria for employment training through a federal or
state funded program shall be placed in a pool of eligible
applicants, ordered on the date of eligibility. If both veterans
and nonveterans are certified eligible on the same day, veterans
shall be afforded priority in enrollment in the following manner:
(A) First priority shall be awarded to service-connected
(B) Second priority shall be awarded to other eligible
(C) Third priority shall be awarded to nonveterans.
§9A-4-6. 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.