House Bill Analysis — SB 5323, Department of Veterans Affairs (Washington, Hearing 3/10/23)

Summary

House Bill Analysis of SB 5323, Concerning the department of veterans affairs, by the Office of Program Research for the Innovation, Community & Economic Development, & Veterans Committee, with a hearing date of 3/10/23 and Emily Poole listed as staff. The sponsors are Senators MacEwen, Conway, Lovick, Mullet and Randall, by request of Department of Veterans Affairs. The brief summary states that the bill requires the Director of the Washington Department of Veterans Affairs (WDVA) to appoint a director of nursing services for each state veterans home and exempts certain WDVA personnel from the state civil service law. It also states that the bill repeals statutes relating to the Colony of the State Soldiers' Home and domiciliary care at state veterans homes.

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Full text

Washington State                  BILL
House of Representatives
Office of Program Research   ANALYSIS
Innovation, Community & Economic
Development, & Veterans Committee
                                         SB 5323
Brief Description: Concerning the department of veterans affairs.

Sponsors: Senators MacEwen, Conway, Lovick, Mullet and Randall; by request of Department
    of Veterans Affairs.


                                     Brief Summary of Bill
          • Requires the Director of the Washington Department of Veterans Affairs
            (WDVA) to appoint a director of nursing services for each state veterans
            home.
          • Exempts certain WDVA personnel from the state civil service law.
          • Establishes that veteran discharge or separation documents are not
            subject to disclosure under the Public Records Act.
          • Repeals statutes relating to the Colony of the State Soldiers' Home and
            domiciliary care at state veterans homes.


Hearing Date: 3/10/23

Staff: Emily Poole (786-7106).

Background:

Department of Veterans Affairs.
The Washington Department of Veterans Affairs (WDVA) provides many services and benefits
to veterans and their families, including counseling, employment, education, training, burial,
housing, medical care, and relief programs. The Director of the WDVA (Director) conducts,




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

House Bill Analysis                             -1-                                             SB 5323
controls, and supervises the WDVA. The Director also holds the power to appoint and employ
personnel for the WDVA, including assistants and executive staff.

State Civil Service Law.
State civil service law governs the appointment, promotion, transfer, layoff, removal, discipline,
and welfare of most state agency employees. State civil service law applies to most state agency
employees, unless expressly excluded. For example, civil service law does not apply to the
legislative branch, the judiciary, academic personnel, state patrol officers, the chief executive
officers of each agency, and certain other management staff.

In addition, a number of exempt positions are expressly designated for various state agencies.
The following personnel in the WDVA are exempt: the Director, the Deputy Director, no more
than two assistant directors, a confidential secretary for the Deputy Director, and a confidential
secretary for each assistant director.

Veterans Homes.
The WDVA operates four state veterans homes: the Washington Veterans Home located in Port
Orchard; the Washington Soldiers Home located in Orting; the Spokane Veterans Home located
in Spokane; and the Walla Walla Veterans Home located in Walla Walla.

The Director is required to appoint an administrator to manage each veterans home. Each
administrator must be licensed by the Department of Health as a nursing home administrator.
State veterans homes are authorized to provide both domiciliary and nursing care. The WDVA
has previously operated a Domiciliary Program, but the program was discontinued in 2020.

The Colony of the State Soldiers' Home was originally established to provide a residence to
veterans and their families who reside in the Orting school district and meet certain other
requirements.

In 2001 the Legislature stated its intent that in authorizing the establishment of an eastern
Washington veterans home, the State General Fund may not be used to provide support for the
home except for amounts required to pay the state share of Medicaid costs.

Public Records.
The Public Records Act (PRA) requires all state and local government agencies to make all
public records available for public inspection and copying, unless certain statutory exemptions
apply. Over 500 specific references in the PRA or other statutes remove certain information
from application of the PRA, provide exceptions to the public disclosure and copying of certain
information, or designate certain information as confidential.

Veteran discharge papers filed at the office of the county auditor before July 1, 2002, are exempt
from disclosure under the PRA under certain circumstances. Veteran discharge papers filed at
the office of the county auditor after June 30, 2002, are not public records, but will only be
available to the veteran, the veteran's next of kin, a deceased veteran's properly appointed


House Bill Analysis                             -2-                                         SB 5323
personal representative or executor, a person holding the veteran's general power of attorney, or
anyone else designated in writing by the veteran to receive the records.

Veterans Stewardship Account.
The Veterans Stewardship Account, established in 2005, may be used by the WDVA for
activities that benefit veterans and their families, including but not limited to programs and
services for homeless veterans, establishing memorials honoring veterans, and maintaining a
future state veterans cemetery.

Summary of Bill:

Veterans Homes.
The Director of the WDVA is required to appoint a director of nursing services for each state
veterans home. The director of nursing services in each state veterans home must be a registered
nurse licensed in Washington.

The statute authorizing the state veterans homes to provide both domiciliary and nursing care is
repealed.

Statutes establishing the Colony of the State Soldiers' Home, setting out admission requirements
for the Colony of the State Soldiers' Home, and specifying that members of the Colony of the
State Soldiers' Home are members of the state soldiers' home are repealed.

The statute stating the Legislature's intent that the State General Fund may not be used to support
a veterans home in Eastern Washington is repealed.

State Civil Service Law.
Administrators and directors of nursing services at each state veterans home are added to the list
of personnel within the WDVA that are exempt from the state civil service law.

Public Records.
The WDVA is prohibited from disclosing veteran discharge or separation documents. Such
documents are confidential and not subject to disclosure under the PRA. However, the
prohibition on disclosure does not apply to:
   • a veteran requesting the veteran's own discharge or separation documents;
   • a veteran's next of kin;
   • a deceased veteran's properly appointed personal representative or executor;
   • a person holding a veteran's general power of attorney;
   • duly designated representatives of accredited veterans service organizations; or
   • sharing agreements among other government entities.

Veterans Stewardship Account.
The Veterans Stewardship Account may be used by the WDVA to maintain state veterans
cemeteries.


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Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is
passed.




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