S-3970.1  _______________________________________________

                         SENATE BILL 6153

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senator Smith

Read first time 01/08/96.  Referred to Committee on Labor, Commerce & Trade.

Revising the awarding of preferences for veterans in regard to public employment.

    AN ACT Relating to veterans; and amending RCW 41.04.005 and 41.04.010.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 41.04.005 and 1991 c 240 s 1 are each amended to read as follows:

    As used in RCW 41.04.005, 41.04.010, 41.16.220, and 41.20.050 "veteran" includes every person, who at the time he or she seeks the benefits of RCW ((28B.40.361,)) 41.04.005, 41.04.010, 41.16.220, 41.20.050, 41.40.170, 73.04.110, or 73.08.080 has received an honorable discharge or received a discharge for physical reasons with an honorable record ((and who meets at least one of the following two criteria:

    (1) The person has served between World War I and World War II or during any period of war as either (a) a member in any branch of the armed forces of the United States, (b) a member of the women's air forces service pilots, or (c) a U.S. documented merchant mariner with service aboard an oceangoing vessel operated by the war shipping administration, the office of defense transportation, or their agents, during the period of armed conflict, December 7, 1941, to August 15, 1945, or a civil service crewmember with service aboard a U.S. army transport service or U.S. naval transportation service vessel in oceangoing service during the period of armed conflict[,] December 7, 1941, to August 15, 1945; or

    (2) The person has received the armed forces expeditionary medal, or marine corps and navy expeditionary medal, for opposed action on foreign soil, for service (a) in any branch of the armed forces of the United States; or (b) as a member of the women's air forces service pilots.

    A "period of war" includes World War I, World War II, the Korean conflict, the Vietnam era, and the period beginning on the date of any future declaration of war by the congress and ending on the date prescribed by presidential proclamation or concurrent resolution of the congress.  The "Vietnam era" means the period beginning August 5, 1964, and ending on May 7, 1975)) from any branch of the armed forces of the United States.

    Sec. 2.  RCW 41.04.010 and 1974 ex.s. c 170 s 1 are each amended to read as follows:

    In all competitive examinations, unless otherwise provided ((herein)) in this section, to determine the qualifications of applicants for public offices, positions, or employment, the state((,)) and all of its political subdivisions and all municipal corporations((,)) shall give a preference status to all veterans as defined in RCW 41.04.005, by adding to the passing mark, grade, or rating only, based upon a possible rating of one hundred points as perfect, a percentage in accordance with the following:

    (1) Ten percent to a veteran who is not receiving any veterans retirement payments(( and said)).  The percentage shall be utilized in ((said)) the veteran's competitive examination and not in any promotional examination until one of such examinations results in ((said)) the veteran's first appointment:  PROVIDED, That ((said)) the percentage shall not be utilized in any promotional examination;

    (2) Five percent to a veteran who is receiving any veterans retirement payments ((and said)).  The percentage shall be utilized in ((said)) the veteran's competitive examination only and not in any promotional examination until one of such examinations results in ((said)) the veteran's first appointment:  PROVIDED, That ((said)) the percentage shall not be utilized in any promotional examination;

    (3) Five percent to a veteran who, after having previously received employment with the state or any of its political subdivisions or municipal corporations, ((shall be)) is called((,)) or recalled((,)) to active military service for a period of one year((,)) or more, during any period of war, for his or her first promotional examination only, upon compliance with RCW 73.16.035 ((as it now exists or may hereafter be amended;)).

    (((4))) There shall be no examination preferences other than those ((which have been)) specifically provided for ((above)) in this section and all preferences ((above)) specified in subsections (1), (2), and (3) of this section must be claimed by a veteran within eight years of the date of his or her release from active service.  In any examination procedure that involves a written examination and other testing procedures or interviews, the preference required by this section shall be factored into the person's mark, grade, or rating at the time of the written examination.

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