AN
ACT Relating to the definition of veteran; amending RCW 41.04.005, 46.20.027,
41.04.010, 72.36.035, 73.04.090, 73.08.010, 73.08.060, 73.08.070, and
73.24.030; adding a new section to chapter 41.04 RCW; and creating a new
section.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
41.04.005 and 1999 c 65 s 1 are each amended to read as follows:
(1)
As used in RCW 41.04.005, 41.16.220, ((and)) 41.20.050, 41.40.170,
and 28B.15.380 "veteran" includes every person, who at the time
he or she seeks the benefits of RCW 41.04.005, ((41.04.010,)) 41.16.220,
41.20.050, 41.40.170, ((73.04.110, or 73.08.080)) or 28B.15.380
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
criteria:
(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:
(i)
A member in any branch of the armed forces of the United States;
(ii)
A member of the women's air forces service pilots;
(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, from December 7, 1941, ((to)) through
December 31, 1946; 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 from December 7,
1941, ((to)) through December 31, 1946; or
(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:
(i)
In any branch of the armed forces of the United States; or
(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, 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; 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.
NEW
SECTION. Sec. 2. A
new section is added to chapter 41.04 RCW to read as follows:
"Veteran"
includes every person, who at the time he or she seeks the benefits of RCW
72.36.030, 41.04.010, 73.04.090, 73.04.110, 73.08.010, 73.08.060, 73.08.070, or
73.08.080 has received an honorable discharge or received a discharge for medical
reasons with an honorable record, where applicable, and who has served in at
least one of the following capacities:
(1)
As a member in any branch of the armed forces of the United States, including
the national guard and armed forces reserves, and has fulfilled his or her
initial military service obligation;
(2)
As a member of the women's air forces service pilots;
(3)
As a member of the armed forces reserves, national guard, or coast guard, and
has been called into federal service by a presidential select reserve call up
for at least one hundred eighty cumulative days;
(4)
As a civil service crewmember with service aboard a U.S. army transport service
or U.S. naval transportation service vessel in oceangoing service from December
7, 1941, through December 31, 1946; or
(5)
As a member of the Philippine armed forces/scouts during the period of armed
conflict from December 7, 1941, through August 15, 1945.
Sec.
3. RCW
46.20.027 and 1999 c 199 s 1 are each amended to read as follows:
A
Washington state motor vehicle driver's license issued to any ((person
serving in the armed forces of the United States,)) service member
if valid and in force and effect while such person is serving in the armed
forces, shall remain in full force and effect so long as such service continues
unless the same is sooner suspended, canceled, or revoked for cause as provided
by law and for not to exceed ninety days following the date on which the holder
of such driver's license is honorably separated from service in the armed
forces of the United States. A Washington state driver's license issued to the
spouse or dependent child of such service member likewise remains in full force
and effect if the person is residing with the service member.
For
purposes of this section, "service member" means every person serving
in the armed forces whose branch of service as of the date of application for
the driver's license is included in the definition of veteran pursuant to
section 2 of this act or the person will meet the definition of veteran at the
time of discharge.
Sec.
4. RCW
41.04.010 and 2000 c 140 s 1 are each amended to read as follows:
In
all competitive examinations, unless otherwise provided 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 scoring criteria status to all veterans as defined
in ((RCW 41.04.005)) section 2 of this act, 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 served during a period of war or in an armed
conflict as defined in RCW 41.04.005 and does not receive military retirement.
The percentage shall be added to the passing mark, grade, or rating of
competitive examinations until the veteran's first appointment. The percentage
shall not be utilized in promotional examinations;
(2)
Five percent to a veteran who did not serve during a period of war or in an
armed conflict as defined in RCW 41.04.005 or is receiving military
retirement. The percentage shall be added to the passing mark, grade, or
rating of competitive examinations until the veteran's first appointment. The
percentage shall not be utilized in promotional examinations;
(3)
Five percent to a veteran who was called to active military service for one or
more years from employment with the state or any of its political subdivisions
or municipal corporations. The percentage shall be added to the first promotional
examination only;
(4)
All veterans' scoring criteria specified in subsections (1), (2), and (3) of
this section must be claimed within fifteen years of the date of release from
active military service. This period may be extended for valid and extenuating
reasons to include but not be limited to:
(a)
Documented medical reasons beyond control of the veteran;
(b)
United States department of veterans' affairs documented disabled veteran; or
(c)
Any veteran who has his or her employment terminated through no fault or action
of his or her own and whose livelihood is adversely affected may seek scoring
criteria employment consideration under this section.
Sec.
5. RCW
72.36.035 and 2001 2nd sp.s. c 4 s 2 are each amended to read as follows:
For
purposes of this chapter, unless the context clearly indicates otherwise:
(1)
"Actual bona fide residents of this state" means persons who have a
domicile in the state of Washington immediately prior to application for
admission to a state veterans' home.
(2)
"Department" means the Washington state department of veterans
affairs.
(3)
"Domicile" means a person's true, fixed, and permanent home and place
of habitation, and shall be the place where the person intends to remain, and
to which the person expects to return when the person leaves without intending
to establish a new domicile elsewhere.
(4)
"State veterans' homes" means the Washington soldiers' home and
colony in Orting, the Washington veterans' home in Retsil, and the eastern
Washington veterans' home.
(5) "Veteran" has the same meaning established in ((RCW
41.04.005)) section 2 of this act.
Sec.
6. RCW
73.04.090 and 1991 c 240 s 3 are each amended to read as follows:
All benefits, advantages or emoluments, not available upon equal
terms to all citizens, including but not being limited to preferred rights to
public employment, civil service preference, exemption from license fees or
other impositions, preference in purchasing state property ((and special
pension or retirement rights)), which by any law of this state have been
made specially available to war veterans or to persons who have served in the
armed forces or defense forces of the United States, shall be available only to
persons who have been subject to full and continuous military control and
discipline as actual members of the federal armed forces or to persons defined
as "veterans" in ((RCW 41.04.005)) section 2 of this act.
Service with such forces in a civilian capacity, or in any capacity wherein a
person retained the right to terminate his or her service or to refuse full
obedience to military superiors, shall not be the basis for eligibility for
such benefits. Service in any of the following shall not for purposes of this
section be considered as military service: The office of emergency services or
any component thereof; the American Red Cross; the United States Coast Guard
Auxiliary; United States Coast Guard Reserve Temporary; United States Coast and
Geodetic Survey; American Field Service; Civil Air Patrol; Cadet Nurse Corps,
and any other similar organization.
Sec.
7. RCW
73.08.010 and 1983 c 295 s 1 are each amended to read as follows:
For the relief of indigent and suffering veterans as defined in ((RCW
41.04.005)) section 2 of this act and their families or the families
of those deceased, who need assistance in any city, town or precinct in this
state, the legislative authority of the county in which the city, town or
precinct is situated shall provide such sum or sums of money as may be
necessary, to be drawn upon by the commander and quartermaster, or commander
and adjutant or commander and service officer of any post, camp or chapter of
any national organization of veterans now, or which may hereafter be, chartered
by an act of congress in the city or town upon recommendation of the relief
committee of said post, camp or chapter: PROVIDED, Said veteran or the
families of those deceased are and have been residents of the state for at
least twelve months, and the orders of said commander and quartermaster, or
commander and adjutant or commander and service officer shall be the proper
voucher for the expenditure of said sum or sums of money.
Sec.
8. RCW
73.08.060 and 1983 c 295 s 4 are each amended to read as follows:
County
legislative authorities are hereby prohibited from sending indigent or disabled
veterans as defined in ((RCW 41.04.005)) section 2 of this act or
their families or the families of the deceased to any almshouse (or orphan
asylum) without the concurrence and consent of the commander and relief
committee of the post, camp or chapter of any national organization of veterans
now, or which may hereafter be, chartered by an act of congress as provided in
RCW 73.08.010 and 73.08.030. Indigent veterans shall, whenever practicable, be
provided for and relieved at their homes in such city, town or precinct in
which they shall have a residence, in the manner provided in RCW 73.08.010 and
73.08.030. Indigent or disabled veterans as defined in ((RCW 41.04.005))
section 2 of this act, who are not insane and have no families or
friends with whom they may be domiciled, may be sent to any soldiers' home.
Sec.
9. RCW
73.08.070 and 1997 c 286 s 1 are each amended to read as follows:
It shall be the duty of the legislative authority in each of the
counties in this state to designate some proper authority other than the one
designated by law for the care of paupers and the custody of criminals who
shall cause to be interred at the expense of the county the body of any
honorably discharged veterans as defined in ((RCW 41.04.005)) section
2 of this act and the wives, husbands, minor children, widows or widowers
of such veterans, who shall hereafter die without leaving means sufficient to
defray funeral expenses; and when requested so to do by the commanding officer
of any post, camp or chapter of any national organization of veterans now, or
which may hereafter be, chartered by an act of congress or the relief committee
of any such posts, camps or chapters: PROVIDED, HOWEVER, That such interment
shall not cost more than the limit established by the county legislative
authority nor less than three hundred dollars. If the deceased has relatives
or friends who desire to conduct the burial of such deceased person, then upon
request of said commander or relief committee a sum not to exceed the limit
established by the county legislative authority nor less than three hundred
dollars shall be paid to said relatives or friends by the county treasurer,
upon due proof of the death and burial of any person provided for by this
section and proof of expenses incurred.
Sec.
10. RCW
73.24.030 and 1977 c 31 s 4 are each amended to read as follows:
The
said plot shall be available, to the extent such space is available, without
charge or cost for the burial of persons who have served in the army, navy, or
marine corps in the United States, in the Spanish-American war, Philippine
insurrection, or the Chinese Relief Expedition, or who served in any said
branches of said service at any time between April 21, 1898 and July 4, 1902
and any veteran as defined in ((RCW 41.04.005)) section 2 of this act.
NEW
SECTION. Sec. 11. The
higher education coordinating board and the joint committee on pension policy
shall each conduct a study as to the eligibility of veterans for benefits
provided, respectively, by higher education and the state retirement system if
the definition of veteran is modified in the manner provided in section 2 of
this act and report their findings to the legislature by December 1, 2002.
