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.
