Z-1151.2  _______________________________________________

                         SENATE BILL 6482

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Winsley, Haugen, Rasmussen and Oke

Read first time 01/16/96.  Referred to Committee on Labor, Commerce & Trade.

Providing for veterans' preferences.

    AN ACT Relating to veterans' benefits; 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:

(1) 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))) (a) The person has served between World War I and World War II or during any period of war as either (((a))):

(i) A member in any branch of the armed forces of the United States((, (b)));

(ii) A member of the women's air forces service pilots((, or (c)));

(iii) 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

(iv) 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))) (b) 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))):

(i) In any branch of the armed forces of the United States; or

    (((b))) (ii) As a member of the women's air forces service pilots.

(2) A "period of war" includes:

(a) World War I((,));

(b) World War II((,));

(c) The Korean conflict((,));

(d) The Vietnam era, ((and)) which was the period beginning August 5, 1964, and ending on May 7, 1975;

(e) The Persian Gulf War, which was the period beginning August 2, 1990, and ending on the date prescribed by presidential proclamation or law;

(f) 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)); and

(g) If the participant was awarded the respective campaign badge or medal, other recent armed conflicts, to include, but not be limited to:  The crisis in Lebanon; the invasion of Grenada; Panama, Operation Just Cause; Somalia, Operation Restore Hope; and Haiti, Operation Uphold Democracy.

(3) As used in RCW 41.04.010, "veteran" includes every person as described in subsections (1) and (2) of this section and also includes every person who, at the time the person seeks the benefits of RCW 41.04.010, has served more than one hundred eighty days of active duty not for training, or if less than one hundred eighty days, must be receiving compensation for a service-connected disability, in any branch of the armed forces of the United States and who was discharged or released under conditions other than dishonorable.

    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, 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:)) A veteran, as defined in RCW 41.04.005(2), participating in all competitive and certain designated promotional examinations with the state or any of its political subdivisions and all municipal corporations must receive a veteran's preference.  The veteran must receive a passing examination mark, grade, or rating to receive a veteran's preference.  The veteran's preference shall be a percentage of the passing examination mark, grade, or rating as follows:

    (1) Ten percent to a veteran who served in a combat zone during a period of war as defined in RCW 41.04.005 and who is not receiving ((any veterans)) military retirement ((payments and said)).  The percentage shall be ((utilized in said veteran's)) added to the passing mark, grade, or rating of competitive examinations ((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 examinations unless the veteran was called to active military service from employment with the state or any of its political subdivisions or municipal corporations, then the percentage shall be added to the first promotional examination only, after compliance with RCW 73.16.035;

    (2) Five percent to a veteran who did not serve in a combat zone during a war period as defined in RCW 41.04.005 or who is receiving ((any veterans retirement payments and said percentage shall be utilized in said veteran's)) military retirement.  The percentage shall be added to the mark, grade, or rating of competitive examinations ((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)) unless the veteran was called to active military service from employment with the state or any of its political subdivisions or municipal corporations((, shall be called, or recalled, to active military service for a period of one year, or more, during any period of war, for his)).  Then the percentage shall be added to the first promotional examination only((, upon)) after 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 and all)) (3) A veteran's preference((s above)) specified in subsections (1)((,)) and (2) ((and (3))) of this section must be claimed ((by a veteran)) within ((eight)) ten years of the date of ((his)) release from active military service.

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