Senate Bill No. 20

(By Senators Kimble, Deem, Helmick, Bailey, Dittmar, Love, Oliverio, Wiedebusch, Wooton, Buckalew, Boley, Dugan and Minear)

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[Introduced January 13, 1995; referred to the Committee
on Military; and then to the Committee on Finance.]
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A
A BILL to amend and reenact section two, chapter ten, acts of the Legislature, first extraordinary session, one thousand nine hundred ninety-three, relating to removing the ninety-day service requirement for those entitled to the veteran's bonus.

Be it enacted by the Legislature of West Virginia:
That section two, chapter ten, acts of the Legislature, first extraordinary session, one thousand nine hundred ninety-three, be amended and reenacted to read as follows:
PAYMENT OF VETERANS BONUS.

§2. Veterans entitled to bonus.

In grateful recognition of their services in time of grave national emergency, a cash bonus as herein provided shall be paid to veterans of the Persian Gulf, Panama, Grenada and Lebanon conflicts. Such bonus shall be paid to: (1) All persons who served on active duty in the armed forces of the United States or who were members of reserve components called to active duty in the armed forces of the United States by the President of the United States under Title 10, United States Code section 782(D), 783 or 783(B), during the Persian Gulf conflict, Operation Desert Shield/Desert Storm, between the first day of August, one thousand nine hundred ninety and the eleventh day of April, one thousand nine hundred ninety-one, both dates inclusive; and (2) all veterans, active service members, or members of reserve components, of the armed forces of the United States, who served on active duty in one of the military operations referred to herein for which he or she received a campaign badge or expeditionary medal during the periods hereinafter described. For purposes of this bill, periods of active duty in a campaign or expedition are designated as: The conflict in Panama, between the twentieth day of December, one thousand nine hundred eighty-nine, through the thirty-first day of January, one thousand nine hundred ninety, both dates inclusive; the conflict in Grenada, between the twenty-third day of October, one thousand nine hundred eighty-three, and the twenty-first day of November, one thousand nine hundred eighty-three, both dates inclusive; and the conflict in Lebanon, between the twenty-fifth day of August, one thousand nine hundred eighty-two, and the twenty-sixth day of February, one thousand nine hundred eighty-four, both dates inclusive: Provided, That said bonus shall only be paid to the veterans as described herein who were bona fide residents of the state of West Virginia at the time of their entry into such service and for a period of at least six months immediately prior thereto, who have not been separated from such armed forces under conditions other than honorable and who within the periods specified above, actively served in such armed forces. for a period of at least ninety days
Such cash bonus shall also be paid to any disabled veteran otherwise qualified, who was discharged within ninety days after entering the armed forces because of a service-connected disability.
As used in this bill, "armed forces" means the army, navy, air force, marine corps and coast guard of the United States.
As used in this bill, "active duty" means full-time active service in the armed forces with full duty pay status, but shall not include time absent from leave, absent over leave, while in confinement or any other time classified by the respective branches of the armed forces as "bad" or "lost" time.
For purposes of this bill, "active service" shall mean the person's active duty as a member of one of the armed forces during the periods of conflict referred to herein.
As used in this bill, the bill "bona fide resident" shall mean any person who, at the time of his or her entry into active service as such is defined herein, was a legal resident of the state of West Virginia. Evidence of legal residence shall be shown by the presentation of evidence that the person filed a West Virginia personal income tax for the tax year immediately preceding his or her entry into active service or proof that he or she maintained a permanent place of abode in West Virginia at the time of his or her entry into active service and for a period of at least six months prior to entry into active service.


NOTE: The purpose of this bill is to permit those Persian Gulf reservists who were activated by Presidential Proclamation entitlement to the Veterans Bonus for any period of service.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.