H. B. 2558
(By Delegates Martin, Mezzatesta, Ashcraft,
Fealy, Bennett, D. Miller and Varner)
[Introduced March 11, 1993; 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 preference
rating of veterans on written examinations for positions in
state departments filled under nonpartisan merit system.
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 numericalscore 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 means a person who:
(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 ninety-five. However, any
person who was a reservist called to active duty between the
first day of February, one thousand nine hundred fifty-five,
meets condition (b) stated below; or
(b) Served on active duty 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; or
(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 orwho 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 include those persons who have served on active
duty between the years one thousand nine hundred forty-one, and
one thousand nine hundred ninety-five. It also includes
reservists called to active duty before one thousand nine hundred
fifty-five, and one thousand nine hundred seventy-six, who have
served for more than one hundred eighty days. This bill also
includes disabled veterans.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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