H. B. 4068


(By Delegates Bennett and Manuel)
[Introduced January 21, 1994; referred to the
Committee on Government Organization.]




A BILL to amend and reenact section one, article thirteen, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to the veterans' preference on written examinations used to fill nonpartisan merit system positions in state government; and revising the definition of veteran to specifically include certain periods of active and reserve service and disabled veterans.
Be it enacted by the Legislature of West Virginia:

That section one, article thirteen, chapter six of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 13. PREFERENCE RATING OF VETERANS ON WRITTEN EXAMINATION ON NONPARTISAN MERIT BASIS.

§ 6 - 13 - 1. Preference rating of veterans on written examinations for positions in state departments filled under nonpartisan merit system.

For positions in any department or agency in which positions are filled under civil service or any job classification system, a preference of five points in addition to the regular numerical score received on examination shall be awarded to all veterans having qualified for appointment by making a minimum passing grade; and to all veterans awarded the purple heart, or having a compensable service-connected disability, as established by any proper veterans' bureau or department of the federal government, an additional five points shall be allowed.

For the purpose of this article, "veteran" shall mean any person who has served in the armed forces of the United States during the Spanish American War, World War I, World War II, the Korean Conflict, the Southeast Asian Conflict or in a campaign, expedition or conflict for which a campaign badge has been authorized and received by such person, and who has been honorably discharged from such service a person is defined as a "veteran" if he or she fulfills the requirements of one of the following subsections:
(a) Served on active duty anytime between the seventh day of December, one thousand nine hundred forty-one, and the first day of July, one thousand nine hundred fifty-five. However, any person who was a reservist called to active duty between the first day of February, one thousand nine hundred fifty-five, and the fourteenth day of October, one thousand nine hundred seventy-six must meet condition (b) stated below;
(b) Served on active duty anytime between the second day of July, one thousand nine hundred fifty-five, and the fourteenth day of October, one thousand nine hundred seventy-six, or a reservist called to active duty between the first day of February, one thousand nine hundred fifty-five, and the fourteenth day of October, one thousand nine hundred seventy-six, and who served for more than one hundred eighty days;
(c) Entered on active duty between the fifteenth day of October, one thousand nine hundred seventy-six, and the seventh day of September, one thousand nine hundred eighty, or a reservist who entered on active duty between the fifteenth day of October, one thousand nine hundred seventy-six, and the thirteenth day of October, one thousand nine hundred eighty-two, and received a campaign badge or expeditionary medal or is a disabled veteran; or
(d) Enlisted in the armed forces after the seventh day of September, one thousand nine hundred eighty, or entered active duty other than by enlistment on or after the fourteenth day of October, one thousand nine hundred eighty-two; and
(1) Completed twenty-four months of continuous active duty or the full period called or ordered to active duty, or was discharged under 10 U.S.C. 1171, or for hardship under 10 U.S.C. 1173, and received or was entitled to receive, a campaign badge or expeditionary medal; or
(2) Is a disabled veteran.
To receive veteran preference, separation from active duty must have been under honorable conditions. This includes honorable and general discharges. A clemency discharge does not meet the requirements of the Veteran Preference Act. Active duty for training in the military reserve and national guard programs is not considered active duty for purposes of veteran preference.
Such These awards shall be made for the benefit and preference in appointment of all veterans who have heretofore or who shall hereafter take such examinations, but shall not operate to the detriment of any person heretofore appointed to a position in such a department or agency.

NOTE: The purpose of this bill is to expand the definition of veteran to correspond with the standards used for the federal veterans preference which describe eligible periods of active service, including specific references for reservists called to active duty and disabled veterans.