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 defined in subsection (2) of this section, 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) The following
armed conflicts, if the participant was awarded the respective campaign badge
or medal: The crisis in Lebanon; the invasion of Grenada; Panama, Operation
Just Cause; Somalia, Operation Restore Hope; Haiti, Operation Uphold Democracy;
and Bosnia, Operation Joint Endeavor.
*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:))
For purposes of this section only, "veteran" is defined to include
veterans as defined in RCW 41.04.005(1) and to include every person who, at the
time the person seeks the benefits of this section, 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.
A veteran
participating in all competitive and certain designated promotional
examinations with the state or any of its political subdivisions and all
municipal corporations shall receive a veteran's preference. To receive a
veteran's preference, the veteran must receive a passing examination mark,
grade, or rating. 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.
*Sec. 2
was vetoed. See message at end of chapter.
Note: Governor's
explanation of partial veto is as follows:
"I am returning
herewith, without my approval as to section 2, Engrossed Substitute House Bill
No. 2781 entitled:
"AN ACT Relating to veterans' benefits;"
Engrossed Substitute House Bill No. 2781
amends statutes that give preference in public employment to veterans who have
served during specific armed conflicts since the Vietnam era. This bill also
adds categories of veterans to those who currently receive preferences.
Section 1 of the bill recognizes veterans who
have served in armed conflicts since 1975 for the purpose of receiving public
employment preferences in the form of additional percentage points on
competitive and promotional exams. I am very supportive of this portion of the
bill, which provides well‑deserved recognition to these men and women.
Because section 2 of Engrossed Substitute
House Bill No. 2781 contains substantial ambiguities which would make
implementation extremely difficult, I have reluctantly vetoed this section.
Furthermore, inconsistent interpretation and application by the public entities
covered by the statute would make application of this section unnecessarily
susceptible to legal challenges. Clear and consistent laws are particularly
critical for those programs granting rights and benefits to any identified
group.
The legislature should make the updating of
these statutes relating to our state's veterans an early priority in the next
legislative session. Carefully tailored language based on the goals of this
legislation should be enacted at the earliest opportunity.
For these reasons, I have vetoed section 2 of
Engrossed Substitute House Bill No. 2781.
With the exception of
section 2, Engrossed Substitute House Bill No. 2781 is approved."
