H. B. 2743
(By Delegate Facemyer)
[Introduced February 24, 1995; referred to the
Committee on the Judiciary.]
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
or political
subagency 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, 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.
These awards shall be made for the benefit and preference in
appointment of all veterans who have heretofore or who shall
hereafter take examinations, but shall not operate to the
detriment of any person heretofore appointed to a position in a
department or agency.
NOTE: The purpose of this bill is to give veterans five points in addition to their regular scores on written
examinations for positions in political subagencies.
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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