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(Utah Code, 2006 Edition - as of 4th Spec. Ses.)

[Utah Code Table of Contents]
[TITLE 71. Table of Contents]

(Title 71. Veterans )

Chapter 10. Veteran's Preference

71-10-1 Definitions.
71-10-2 Veteran's preference.
71-10-3 Willful failure to give preference a misdemeanor.

71-10-1 Definitions.

As used in this chapter:

(1) "Active duty" means active military duty and does not include active duty for training, initial active duty for training, or inactive duty for training.

(2) "Disabled veteran" means an individual who has:

(a) been separated or retired from the armed forces under honorable conditions; and

(b) established the existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the federal Department of Veterans Affairs or a military department.

(3) "Government entity" means the state, any county, municipality, special district, or any other political subdivision or administrative unit of the state, including state institutions of education.

(4) "Preference eligible" means:

(a) any individual who has served on active duty in the armed forces for more than 180 consecutive days, or was a member of a reserve component who served in a campaign or expedition for which a campaign medal has been authorized and who has been separated under honorable conditions;

(b) a disabled veteran with any percentage of disability;

(c) the spouse or unmarried widow or widower of a veteran;

(d) a purple heart recipient; or

(e) a retired member of the armed forces who retired below the rank of major or its equivalent.

(5) "Veteran" means:

(a) an individual who has served on active duty in the armed forces for more than 180 consecutive days, or was a member of a reserve component who served in a campaign or expedition for which a campaign medal has been authorized and who has been separated or retired under honorable conditions; or

(b) any individual incurring an actual service-related injury or disability in the line of duty whether or not that person completed 180 consecutive days of active duty.
    2000

71-10-2 Veteran's preference.

(1) Each government entity shall grant a veteran's preference upon initial hiring to each preference eligible veteran or preference eligible spouse according to the procedures and requirements of this chapter.

(2) The personnel officer of any government entity shall add to the score of a preference eligible who receives a passing score on an examination, or any rating or ranking mechanism used in selecting an individual for any career service position with the government entity:

(a) five percent of the total possible score, if he is a veteran;

(b) ten percent of the total possible score, if he is a disabled veteran or a purple heart recipient; or

(c) in the case of a preference eligible spouse, widow, or widower, the same percentage the qualifying veteran is, or would have been, entitled to.

(3) A preference eligible who applies for a position that does not require an examination, or where examination results are other than a numeric score, shall be given preference in interviewing and hiring for the position.
    2000

71-10-3 Willful failure to give preference a misdemeanor.

Any officers, agents, or representatives of a government entity who is charged with employment of people and who willfully fails to give preference as provided in this chapter is guilty of a misdemeanor.
    1993

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