House Bill 1288 — Department of Veterans Affairs Exempt Staff and Discharge Papers (Washington, 2023)

Summary

House Bill 1288 of the State of Washington, 2023 Regular Session, sponsored by Representatives Reeves, Ryu, Morgan, and Graham by request of Department of Veterans Affairs. It was read first time on January 13, 2023 and referred to the Committee on Innovation, Community & Economic Development, & Veterans. The title describes an act relating to exempt staff and exempt staff appointments at the department of veterans affairs, removing reference to one-time use of funds, and exempting veteran discharge papers from public disclosure. It amends RCW 41.06.077, 43.60A.140, 72.36.020, and 42.56.440 and repeals RCW 72.36.040, 72.36.050, 72.36.055, and 72.36.077. A new section makes veteran discharge or separation documents confidential, with listed exceptions.

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Full text

     Z-0122.4

                                HOUSE BILL 1288


     State of Washington       68th Legislature       2023 Regular Session

     By Representatives Reeves, Ryu, Morgan, and Graham; by request of
     Department of Veterans Affairs

     Read first time 01/13/23.      Referred to Committee   on   Innovation,
     Community & Economic Development, & Veterans.




 1       AN ACT Relating to the department of veterans affairs regarding
 2   exempt staff and exempt staff appointments, removing reference to
 3   one-time use of funds, and exempting veteran discharge papers from
 4   public disclosure; amending RCW 41.06.077, 43.60A.140, 72.36.020, and
 5   42.56.440; adding a new section to chapter 43.60A RCW; and repealing
 6   RCW 72.36.040, 72.36.050, 72.36.055, and 72.36.077.


 7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 8       Sec. 1. RCW 41.06.077 and 2001 c 84 s 1 are each amended to read
 9   as follows:
10       In addition to the exemptions set forth in RCW 41.06.070, the
11   provisions of this chapter shall not apply in the department of
12   veterans affairs to the director, the deputy director, no more than
13   two assistant directors, administrators and directors of nursing
14   services at each state veterans' home, a confidential secretary for
15   the deputy director, and a confidential secretary for each assistant
16   director.


17       Sec. 2. RCW 43.60A.140 and 2019 c 415 s 965 are each amended to
18   read as follows:
19       (1) The veterans stewardship account is created in the custody of
20   the state treasurer. Disbursements of funds must be on the
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 1   authorization of the director or the director's designee, and only
 2   for the purposes stated in subsection (4) of this section. In order
 3   to maintain an effective expenditure and revenue control, funds are
 4   subject in all respects to chapter 43.88 RCW, but no appropriation is
 5   required to permit expenditure of the funds.
 6       (2)   The  department   may   request  and   accept  nondedicated
 7   contributions, grants, or gifts in cash or otherwise, including funds
 8   generated by the issuance of the armed forces license plate
 9   collection under chapter 46.18 RCW.
10       (3) All receipts from the sale of armed forces license plates and
11   Purple Heart license plates as required under RCW 46.68.425(2) must
12   be deposited into the veterans stewardship account.
13       (4) All moneys deposited into the veterans stewardship account
14   must be used by the department for activities that benefit veterans
15   or their families, including but not limited to, providing programs
16   and services for homeless veterans; establishing memorials honoring
17   veterans; and maintaining ((a future)) state veterans' ((cemetery))
18   cemeteries. Funds from the account may not be used to supplant
19   existing funds received by the department. ((For the 2019-2021 fiscal
20   biennium, moneys deposited into the veterans stewardship account may
21   be used for the department's traumatic brain injury program.))


22       NEW SECTION.   Sec. 3.   The following acts or parts of acts are
23   each repealed:
24       (1) RCW 72.36.040 (Colony established—Who may be admitted) and
25   2008 c 6 s 504 & 1977 ex.s. c 186 s 2;
26       (2) RCW 72.36.050 (Regulations of home applicable—Rations,
27   medical attendance, clothing) and 2008 c 6 s 505, 1979 c 65 s 1, 1973
28   1st ex.s. c 154 s 103, 1967 c 112 s 1, & 1959 c 28 s 72.36.050;
29       (3) RCW 72.36.055 (Domiciliary and nursing care) and 2014 c 184 s
30   5, 2001 2nd sp.s. c 4 s 4, & 1977 ex.s. c 186 s 6; and
31       (4) RCW 72.36.077 (Eastern Washington veterans' home—Funding—
32   Intent) and 2001 2nd sp.s. c 4 s 1.


33       Sec. 4. RCW 72.36.020 and 2018 c 45 s 3 are each amended to read
34   as follows:
35       The director of the department of veterans affairs shall appoint
36   an administrator and director of nursing services for each state
37   veterans' home. The administrator shall exercise management and

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1    control of the institution in accordance with either policies or
2    procedures promulgated by the director of the department of veterans
3    affairs, or both, and rules of the department. In accordance with
4    chapter 18.52 RCW, the individual appointed as administrator for a
5    state veterans' home shall be a licensed nursing home administrator
6    and the agency shall provide preference to honorably discharged
7    veterans in accordance with RCW 73.16.010. The director of nursing
8    services shall be a registered nurse licensed in the state of
9    Washington and is a position exempt from chapter 41.06 RCW.


10       NEW SECTION. Sec. 5. A new section is added to chapter 43.60A
11   RCW to read as follows:
12       (1) For the protection of applicants and clients, the department
13   and its respective officers and employees are prohibited, except as
14   provided in subsection (2) of this section, from disclosing veteran
15   discharge or separation documents, such as DD Form 214 or NGB Form
16   22. Such records shall be confidential and not subject to disclosure
17   except as provided in subsection (2) of this section.
18       (2) The provisions of this section do not apply to:
19       (a) A veteran requesting the veteran's own discharge or
20   separation documents;
21       (b) A veteran's next of kin;
22       (c)   A    deceased   veteran's   properly    appointed   personal
23   representative or executor;
24       (d) A person holding a veteran's general power of attorney;
25       (e) Duly designated representatives of accredited veterans
26   service organizations; or
27       (f) Sharing agreements among other government entities.
28       (3) For purposes of this section, "next of kin" means any of the
29   following: An unremarried widow or widower, son, daughter, father,
30   mother, brother, or sister of a deceased veteran.


31       Sec. 6. RCW 42.56.440 and 2005 c 274 s 424 are each amended to
32   read as follows:
33       (1) Discharge papers of a veteran of the armed forces of the
34   United States filed at the office of the county auditor before July
35   1, 2002, that have not been commingled with other recorded documents
36   are exempt from disclosure under this chapter. These records will be
37   available only to the veteran, the veteran's next of kin, a deceased
38   veteran's properly appointed personal representative or executor, a
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 1   person holding that veteran's general power of attorney, or to anyone
 2   else designated in writing by that veteran to receive the records.
 3       (2) Discharge papers of a veteran of the armed forces of the
 4   United States filed at the office of the county auditor before July
 5   1, 2002, that have been commingled with other records are exempt from
 6   disclosure under this chapter, if the veteran has recorded a "request
 7   for exemption from public disclosure of discharge papers" with the
 8   county auditor. If such a request has been recorded, these records
 9   may be released only to the veteran filing the papers, the veteran's
10   next of kin, a deceased veteran's properly appointed personal
11   representative or executor, a person holding the veteran's general
12   power of attorney, or anyone else designated in writing by the
13   veteran to receive the records.
14       (3) Discharge papers of a veteran filed at the office of the
15   county auditor after June 30, 2002, are not public records, but will
16   be available only to the veteran, the veteran's next of kin, a
17   deceased veteran's properly appointed personal representative or
18   executor, a person holding the veteran's general power of attorney,
19   or anyone else designated in writing by the veteran to receive the
20   records.
21       (4) For the purposes of this section, next of kin of deceased
22   veterans have the same rights to full access to the record. Next of
23   kin are the veteran's widow or widower who has not remarried, son,
24   daughter, father, mother, brother, and sister.
25       (5) Veteran discharge or separation documents held by the
26   department of veterans affairs are confidential and not subject to
27   disclosure except as provided in section 5 of this act.

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