House Bill 2014 — Definition of Veteran and Restoring Honor to Veterans (Washington, 2024 Regular Session)
Summary
House Bill 2014 of the State of Washington, 68th Legislature, 2024 Regular Session, by Representatives Volz, Donaghy, Leavitt and others, by request of Attorney General. It was prefiled 12/21/23, read first time 01/08/24 and referred to the Committee on Innovation, Community & Economic Development, & Veterans. The act relates to the definition of veteran and restoring honor to veterans, amends RCW 41.04.005 and RCW 41.04.007, adds to chapter 73.04 RCW and repeals RCW 2.48.100 and RCW 73.04.042. Section 1 states that the legislature intends to align the federal and state definition of veteran.
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“House Bill 2014 — Definition of Veteran and Restoring Honor to Veterans (Washington, 2024 Regular Session).”
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Z-0526.3
HOUSE BILL 2014
State of Washington 68th Legislature 2024 Regular Session
By Representatives Volz, Donaghy, Leavitt, Couture, Ryu, Reed,
Ormsby, Graham, Sandlin, Jacobsen, Schmidt, Harris, Steele, Fey,
Riccelli, Low, Reeves, Paul, Macri, and Shavers; by request of
Attorney General
Prefiled 12/21/23. Read first time 01/08/24. Referred to Committee
on Innovation, Community & Economic Development, & Veterans.
1 AN ACT Relating to the definition of veteran and restoring honor
2 to veterans; amending RCW 41.04.005, 41.04.007, 2.48.070, 2.48.090,
3 9.46.070, 28A.230.120, 28B.15.012, 28B.15.621, 28B.102.020,
4 41.04.010, 41.06.133, 41.08.040, 41.12.040, 43.24.130, 43.60A.190,
5 43.70.270, 46.18.270, 46.18.280, 46.18.295, 46.20.027, 46.20.161,
6 72.36.030, 73.08.005, 73.16.120, 77.32.480, and 84.39.020; adding a
7 new section to chapter 73.04 RCW; adding a new section to chapter
8 43.60A RCW; creating a new section; and repealing RCW 2.48.100 and
9 73.04.042.
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
11 NEW SECTION. Sec. 1. The legislature intends to align the
12 federal and state definition of "veteran," expanding state veterans'
13 benefits to any veteran who is already eligible for federal
14 department of veterans affairs monetary benefits. The legislature
15 further intends to create eligibility for state benefits for veterans
16 who were separated with less than honorable characterizations of
17 service due solely to sexual orientation, gender identity, or gender
18 expression or actions or statements related to sexual orientation,
19 gender identity, or gender expression, regardless of characterization
20 of service.
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1 Sec. 2. RCW 41.04.005 and 2023 c 18 s 1 are each amended to read
2 as follows:
3 (1) As used in this section and RCW 41.16.220, 41.20.050, and
4 41.40.170, "veteran" includes every person, who at the time he or she
5 seeks the benefits of this section and RCW 41.16.220, 41.20.050, or
6 41.40.170 has received ((an honorable discharge, is actively serving
7 honorably, or received a discharge for physical reasons with an
8 honorable record)) a qualifying discharge as defined in section 4 of
9 this act and who meets at least one of the following criteria:
10 (a) The person has served between World War I and World War II or
11 during any period of war, as defined in subsection (2) of this
12 section, as either:
13 (i) A member in any branch of the armed forces of the United
14 States;
15 (ii) A member of the women's air forces service pilots;
16 (iii) A U.S. documented merchant mariner with service aboard an
17 oceangoing vessel operated by the war shipping administration, the
18 office of defense transportation, or their agents, from December 7,
19 1941, through December 31, 1946; or
20 (iv) A civil service crewmember with service aboard a U.S. army
21 transport service or U.S. naval transportation service vessel in
22 oceangoing service from December 7, 1941, through December 31, 1946;
23 or
24 (b) The person has received the armed forces expeditionary medal,
25 or marine corps and navy expeditionary medal, for opposed action on
26 foreign soil, for service:
27 (i) In any branch of the armed forces of the United States; or
28 (ii) As a member of the women's air forces service pilots.
29 (2) A "period of war" includes:
30 (a) World War I;
31 (b) World War II;
32 (c) The Korean conflict;
33 (d) The Vietnam era, which means:
34 (i) The period beginning on February 28, 1961, and ending on May
35 7, 1975, in the case of a veteran who served in the Republic of
36 Vietnam during that period;
37 (ii) The period beginning August 5, 1964, and ending on May 7,
38 1975;
39 (e) The Persian Gulf War, which was the period beginning August
40 2, 1990, and ending on February 28, 1991, or ending on November 30,
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1 1995, if the participant was awarded a campaign badge or medal for
2 such period;
3 (f) The period beginning on the date of any future declaration of
4 war by the congress and ending on the date prescribed by presidential
5 proclamation or concurrent resolution of the congress; and
6 (g) Any armed conflicts, if the participant was awarded the
7 respective campaign or expeditionary badge or medal, or if the
8 service was such that a campaign or expeditionary badge or medal
9 would have been awarded, except that the member already received a
10 campaign or expeditionary badge or medal for a prior deployment
11 during that same conflict.
12 Sec. 3. RCW 41.04.007 and 2017 c 97 s 1 are each amended to read
13 as follows:
14 "Veteran" includes every person who, at the time he or she seeks
15 the benefits of RCW 46.18.212, 46.18.235, 72.36.030, 41.04.010,
16 73.04.090, or 43.180.250, has received ((an honorable discharge,
17 received a discharge for medical reasons with an honorable record,
18 where applicable, or is in receipt of a United States department of
19 defense discharge document DD form 214, NGB form 22, or their
20 equivalent or successor discharge paperwork, that characterizes his
21 or her service as honorable)) a qualifying discharge as defined in
22 section 4 of this act, and who has served in at least one of the
23 following capacities:
24 (1) As a member in any branch of the armed forces of the United
25 States, including the national guard and armed forces reserves, and
26 has fulfilled his or her initial military service obligation;
27 (2) As a member of the women's air forces service pilots;
28 (3) As a member of the armed forces reserves, national guard, or
29 coast guard, and has been called into federal service by a
30 presidential select reserve call up for at least one hundred eighty
31 cumulative days;
32 (4) As a civil service crewmember with service aboard a U.S. army
33 transport service or U.S. naval transportation service vessel in
34 oceangoing service from December 7, 1941, through December 31, 1946;
35 (5) As a member of the Philippine armed forces/scouts during the
36 period of armed conflict from December 7, 1941, through August 15,
37 1945; or
38 (6) A United States documented merchant mariner with service
39 aboard an oceangoing vessel operated by the department of defense, or
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1 its agents, from both June 25, 1950, through July 27, 1953, in Korean
2 territorial waters and from August 5, 1964, through May 7, 1975, in
3 Vietnam territorial waters, and who received a military commendation.
4 NEW SECTION. Sec. 4. A new section is added to chapter 73.04
5 RCW to read as follows:
6 For purposes of RCW 9.46.070, 28A.230.120, 28B.15.012,
7 28B.15.621, 28B.102.020, 41.04.005, 41.04.007, 41.04.010, 41.06.133,
8 41.08.040, 41.12.040, 43.24.130, 43.70.270, 46.18.270, 46.18.280,
9 46.20.161, 72.36.030, 73.08.005, and 77.32.480, "qualifying
10 discharge" means:
11 (1) A discharge with an honorable characterization of service;
12 (2) A discharge with a general under honorable conditions
13 characterization of service;
14 (3) A discharge with an other than honorable characterization of
15 service if the applicant provides a letter, administrative decision,
16 or other documentation from the United States department of veterans
17 affairs showing eligibility for or receipt of monetary benefits, such
18 as disability compensation or nonservice-connected pension; or
19 (4) Any characterization of service if the reason for discharge
20 was listed as due to: (a) A person's sexual orientation, gender
21 identity, or gender expression; (b) statements, consensual sexual
22 conduct, or consensual acts relating to sexual orientation, gender
23 identity, or gender expression; or (c) the disclosure of statements,
24 conduct, or acts relating to sexual orientation, gender identity, or
25 gender expression to military officials.
26 NEW SECTION. Sec. 5. A new section is added to chapter 43.60A
27 RCW to read as follows:
28 The department shall develop and implement an outreach program to
29 ensure that veterans as defined in RCW 41.04.005 and 41.04.007 are
30 aware of state veterans' benefits and programs. Outreach information
31 shall explain, in an easy to understand format, changes in the law
32 made by chapter . . ., Laws of 2024 (this act), unchanged eligibility
33 requirements for current benefits, and how to find more information
34 about benefits from the department and other state agencies. The
35 outreach program must begin on the effective date of this section.
36 Sec. 6. RCW 2.48.070 and 1945 c 181 s 1 are each amended to read
37 as follows:
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1 Any person who shall have graduated from any accredited law
2 school and after such graduation shall have served in the armed
3 forces of the United States of America between December 7, 1941, and
4 the termination of the present World War, may be admitted to the
5 practice of law in the state of Washington and to membership in the
6 Washington State Bar Association, upon motion made before the supreme
7 court of the state of Washington, provided the following is made to
8 appear:
9 (1) That the applicant is a person of good moral character over
10 the age of twenty-one years;
11 (2) That the applicant, at the time of entering the armed forces
12 of the United States, was a legal resident of the state of
13 Washington;
14 (3) That the applicant's service in the armed forces of the
15 United States is or was satisfactory ((and honorable)). An
16 applicant's service is satisfactory if he or she meets the definition
17 of "veteran" under RCW 41.04.007.
18 Sec. 7. RCW 2.48.090 and 2011 c 336 s 64 are each amended to
19 read as follows:
20 If an applicant under RCW 2.48.070 through 2.48.110 is, at the
21 time he or she applies for admission to practice law in the state of
22 Washington, no longer in the armed forces of the United States, he or
23 she may establish the requirements of the proviso in RCW 2.48.070 as
24 follows:
25 (1) If he or she shall have been an enlisted person, by producing
26 ((an honorable discharge)) documentation he or she is a veteran as
27 defined by RCW 41.04.007, and by the certificates of at least two
28 active members of the Washington state bar association.
29 (2) If he or she shall have been an officer, by an affidavit
30 showing that he or she ((has been relieved from active duty under
31 circumstances other than dishonorable)) is a veteran as defined in
32 RCW 41.04.007, and by the certificates of at least two active members
33 of the Washington state bar association.
34 NEW SECTION. Sec. 8. RCW 2.48.100 (Admission of veterans—Effect
35 of disability discharge) and 1945 c 181 s 4 are each repealed.
36 Sec. 9. RCW 9.46.070 and 2020 c 127 s 3 are each amended to read
37 as follows:
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1 The commission shall have the following powers and duties:
2 (1) To authorize and issue licenses for a period not to exceed
3 one year to bona fide charitable or nonprofit organizations approved
4 by the commission meeting the requirements of this chapter and any
5 rules and regulations adopted pursuant thereto permitting said
6 organizations to conduct bingo games, raffles, amusement games, and
7 social card games, to utilize punchboards and pull-tabs in accordance
8 with the provisions of this chapter and any rules and regulations
9 adopted pursuant thereto and to revoke or suspend said licenses for
10 violation of any provisions of this chapter or any rules and
11 regulations adopted pursuant thereto: PROVIDED, That the commission
12 shall not deny a license to an otherwise qualified applicant in an
13 effort to limit the number of licenses to be issued: PROVIDED
14 FURTHER, That the commission or director shall not issue, deny,
15 suspend, or revoke any license because of considerations of race,
16 sex, creed, color, or national origin: AND PROVIDED FURTHER, That the
17 commission may authorize the director to temporarily issue or suspend
18 licenses subject to final action by the commission;
19 (2) To authorize and issue licenses for a period not to exceed
20 one year to any person, association, or organization operating a
21 business primarily engaged in the selling of items of food or drink
22 for consumption on the premises, approved by the commission meeting
23 the requirements of this chapter and any rules and regulations
24 adopted pursuant thereto permitting said person, association, or
25 organization to utilize punchboards and pull-tabs and to conduct
26 social card games as a commercial stimulant in accordance with the
27 provisions of this chapter and any rules and regulations adopted
28 pursuant thereto and to revoke or suspend said licenses for violation
29 of any provisions of this chapter and any rules and regulations
30 adopted pursuant thereto: PROVIDED, That the commission shall not
31 deny a license to an otherwise qualified applicant in an effort to
32 limit the number of licenses to be issued: PROVIDED FURTHER, That the
33 commission may authorize the director to temporarily issue or suspend
34 licenses subject to final action by the commission;
35 (3) To authorize and issue licenses for a period not to exceed
36 one year to any person, association, or organization approved by the
37 commission meeting the requirements of this chapter and meeting the
38 requirements of any rules and regulations adopted by the commission
39 pursuant to this chapter as now or hereafter amended, permitting said
40 person, association, or organization to conduct or operate amusement
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1 games in such manner and at such locations as the commission may
2 determine. The commission may authorize the director to temporarily
3 issue or suspend licenses subject to final action by the commission;
4 (4) To authorize, require, and issue, for a period not to exceed
5 one year, such licenses as the commission may by rule provide, to any
6 person, association, or organization to engage in the manufacturing,
7 selling, distributing, or otherwise supplying of devices, equipment,
8 software, hardware, or any gambling-related services for use within
9 this state for those activities authorized by this chapter. The
10 commission may authorize the director to temporarily issue or suspend
11 licenses subject to final action by the commission;
12 (5) To establish a schedule of annual license fees for carrying
13 on specific gambling activities upon the premises, and for such other
14 activities as may be licensed by the commission, which fees shall
15 provide to the commission not less than an amount of money adequate
16 to cover all costs incurred by the commission relative to licensing
17 under this chapter and the enforcement by the commission of the
18 provisions of this chapter and rules and regulations adopted pursuant
19 thereto: PROVIDED, That all licensing fees shall be submitted with an
20 application therefor and such portion of said fee as the commission
21 may determine, based upon its cost of processing and investigation,
22 shall be retained by the commission upon the withdrawal or denial of
23 any such license application as its reasonable expense for processing
24 the application and investigation into the granting thereof: PROVIDED
25 FURTHER, That if in a particular case the basic license fee
26 established by the commission for a particular class of license is
27 less than the commission's actual expenses to investigate that
28 particular application, the commission may at any time charge to that
29 applicant such additional fees as are necessary to pay the commission
30 for those costs. The commission may decline to proceed with its
31 investigation and no license shall be issued until the commission has
32 been fully paid therefor by the applicant: AND PROVIDED FURTHER, That
33 the commission may establish fees for the furnishing by it to
34 licensees of identification stamps to be affixed to such devices and
35 equipment as required by the commission and for such other special
36 services or programs required or offered by the commission, the
37 amount of each of these fees to be not less than is adequate to
38 offset the cost to the commission of the stamps and of administering
39 their dispersal to licensees or the cost of administering such other
40 special services, requirements or programs;
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1 (6) To prescribe the manner and method of payment of taxes, fees
2 and penalties to be paid to or collected by the commission;
3 (7) To require that applications for all licenses contain such
4 information as may be required by the commission: PROVIDED, That all
5 persons (a) having a managerial or ownership interest in any gambling
6 activity, or the building in which any gambling activity occurs, or
7 the equipment to be used for any gambling activity, (b) participating
8 as an employee in the operation of any gambling activity, or (c)
9 participating as an employee in the operation, management, or
10 providing of gambling-related services for sports wagering, shall be
11 listed on the application for the license and the applicant shall
12 certify on the application, under oath, that the persons named on the
13 application are all of the persons known to have an interest in any
14 gambling activity, building, or equipment by the person making such
15 application: PROVIDED FURTHER, That the commission shall require
16 fingerprinting and national criminal history background checks on any
17 persons seeking licenses, certifications, or permits under this
18 chapter or of any person holding an interest in any gambling
19 activity, building, or equipment to be used therefor, or of any
20 person participating as an employee in the operation of any gambling
21 activity. All national criminal history background checks shall be
22 conducted using fingerprints submitted to the United States
23 department of justice-federal bureau of investigation. The commission
24 must establish rules to delineate which persons named on the
25 application are subject to national criminal history background
26 checks. In identifying these persons, the commission must take into
27 consideration the nature, character, size, and scope of the gambling
28 activities requested by the persons making such applications;
29 (8) To require that any license holder maintain records as
30 directed by the commission and submit such reports as the commission
31 may deem necessary;
32 (9) To require that all income from bingo games, raffles, and
33 amusement games be recorded and reported as established by rule or
34 regulation of the commission to the extent deemed necessary by
35 considering the scope and character of the gambling activity in such
36 a manner that will disclose gross income from any gambling activity,
37 amounts received from each player, the nature and value of prizes,
38 and the fact of distributions of such prizes to the winners thereof;
39 (10) To regulate and establish maximum limitations on income
40 derived from bingo. In establishing limitations pursuant to this
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1 subsection the commission shall take into account (a) the nature,
2 character, and scope of the activities of the licensee; (b) the
3 source of all other income of the licensee; and (c) the percentage or
4 extent to which income derived from bingo is used for charitable, as
5 distinguished from nonprofit, purposes. However, the commission's
6 powers and duties granted by this subsection are discretionary and
7 not mandatory;
8 (11) To regulate and establish the type and scope of and manner
9 of conducting the gambling activities authorized by this chapter,
10 including but not limited to, the extent of wager, money, or other
11 thing of value which may be wagered or contributed or won by a player
12 in any such activities;
13 (12) To regulate the collection of and the accounting for the fee
14 which may be imposed by an organization, corporation, or person
15 licensed to conduct a social card game on a person desiring to become
16 a player in a social card game in accordance with RCW 9.46.0282;
17 (13) To cooperate with and secure the cooperation of county,
18 city, and other local or state agencies in investigating any matter
19 within the scope of its duties and responsibilities;
20 (14) In accordance with RCW 9.46.080, to adopt such rules and
21 regulations as are deemed necessary to carry out the purposes and
22 provisions of this chapter. All rules and regulations shall be
23 adopted pursuant to the administrative procedure act, chapter 34.05
24 RCW;
25 (15) To set forth for the perusal of counties, city-counties,
26 cities and towns, model ordinances by which any legislative authority
27 thereof may enter into the taxing of any gambling activity authorized
28 by this chapter;
29 (16)(a) To establish and regulate a maximum limit on salaries or
30 wages which may be paid to persons employed in connection with
31 activities conducted by bona fide charitable or nonprofit
32 organizations and authorized by this chapter, where payment of such
33 persons is allowed, and to regulate and establish maximum limits for
34 other expenses in connection with such authorized activities,
35 including but not limited to rent or lease payments. However, the
36 commissioner's powers and duties granted by this subsection are
37 discretionary and not mandatory.
38 (b) In establishing these maximum limits the commission shall
39 take into account the amount of income received, or expected to be
40 received, from the class of activities to which the limits will apply
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1 and the amount of money the games could generate for authorized
2 charitable or nonprofit purposes absent such expenses. The commission
3 may also take into account, in its discretion, other factors,
4 including but not limited to, the local prevailing wage scale and
5 whether charitable purposes are benefited by the activities;
6 (17) To authorize, require, and issue for a period not to exceed
7 one year such licenses or permits, for which the commission may by
8 rule provide, to any person to work for any operator of any gambling
9 activity authorized by this chapter in connection with that activity,
10 or any manufacturer, supplier, or distributor of devices for those
11 activities in connection with such business. The commission may
12 authorize the director to temporarily issue or suspend licenses
13 subject to final action by the commission. The commission shall not
14 require that persons working solely as volunteers in an authorized
15 activity conducted by a bona fide charitable or bona fide nonprofit
16 organization, who receive no compensation of any kind for any purpose
17 from that organization, and who have no managerial or supervisory
18 responsibility in connection with that activity, be licensed to do
19 such work. The commission may require that licensees employing such
20 unlicensed volunteers submit to the commission periodically a list of
21 the names, addresses, and dates of birth of the volunteers. If any
22 volunteer is not approved by the commission, the commission may
23 require that the licensee not allow that person to work in connection
24 with the licensed activity;
25 (18) To publish and make available at the office of the
26 commission or elsewhere to anyone requesting it a list of the
27 commission licensees, including the name, address, type of license,
28 and license number of each licensee;
29 (19) To establish guidelines for determining what constitutes
30 active membership in bona fide nonprofit or charitable organizations
31 for the purposes of this chapter;
32 (20) To renew the license of every person who applies for renewal
33 within six months after being ((honorably)) discharged, removed, or
34 released from active military service in the armed forces of the
35 United States with a qualifying discharge as defined in section 4 of
36 this act, upon payment of the renewal fee applicable to the license
37 period, if there is no cause for denial, suspension, or revocation of
38 the license;
39 (21) To authorize, require, and issue, for a period not to exceed
40 one year, such licenses as the commission may by rule provide, to any
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1 person, association, or organization that engages in any sports
2 wagering-related services for use within this state for sports
3 wagering activities authorized by this chapter. The commission may
4 authorize the director to temporarily issue or suspend licenses
5 subject to final action by the commission;
6 (22) To issue licenses under subsections (1) through (4) of this
7 section that are valid for a period of up to eighteen months, if it
8 chooses to do so, in order to transition to the use of the business
9 licensing services program through the department of revenue; and
10 (23) To perform all other matters and things necessary to carry
11 out the purposes and provisions of this chapter.
12 Sec. 10. RCW 28A.230.120 and 2022 c 224 s 2 are each amended to
13 read as follows:
14 (1) School districts shall issue diplomas to students signifying
15 graduation from high school upon the students' satisfactory
16 completion of all local and state graduation requirements. Districts
17 shall grant students the option of receiving a final transcript in
18 addition to the regular diploma.
19 (2) School districts or schools of attendance shall establish
20 policies and procedures to notify senior students of the transcript
21 option and shall direct students to indicate their decisions in a
22 timely manner. School districts shall make appropriate provisions to
23 assure that students who choose to receive a copy of their final
24 transcript shall receive such transcript after graduation.
25 (3)(a) A school district may issue a high school diploma to a
26 person who:
27 (i) Is ((an honorably discharged member)) a veteran of the armed
28 forces of the United States with a qualifying discharge as defined in
29 section 4 of this act; and
30 (ii) Left high school before graduation to serve in World War II,
31 the Korean conflict, or the Vietnam era as defined in RCW 41.04.005.
32 (b) A school district may issue a diploma to or on behalf of a
33 person otherwise eligible under (a) of this subsection
34 notwithstanding the fact that the person holds a high school
35 equivalency certification or is deceased.
36 (c) The superintendent of public instruction shall adopt a form
37 for a diploma application to be used by a veteran or a person acting
38 on behalf of a deceased veteran under this subsection (3). The
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1 superintendent of public instruction shall specify what constitutes
2 acceptable evidence of eligibility for a diploma.
3 (4)(a) A school district, at the request of the parent, guardian,
4 or custodian, may issue a posthumous high school diploma for a
5 deceased student if the student:
6 (i) Was enrolled in a public school of the district at the time
7 of death;
8 (ii) Was deemed on-track for graduation before the time of death;
9 and
10 (iii) Died after matriculating into high school.
11 (b) A high school diploma issued under this subsection (4) must
12 bear the inscription "honoris causa" and may not be issued before the
13 graduation date of the class in which the student was enrolled.
14 (c) Nothing in this subsection (4):
15 (i) Obligates school districts to award a diploma for a deceased
16 student at the same ceremony or event as other graduating students;
17 or
18 (ii) Limits the retroactive issuance of a high school diploma.
19 (d) Diplomas issued under this subsection (4) may not be applied
20 toward student graduation counts or for any other purpose of federal
21 and state accountability data collection.
22 Sec. 11. RCW 28B.15.012 and 2022 c 249 s 1 are each amended to
23 read as follows:
24 Whenever used in this chapter:
25 (1) The term "institution" shall mean a public university,
26 college, or community or technical college within the state of
27 Washington.
28 (2) The term "resident student" shall mean:
29 (a) A financially independent student who has had a domicile in
30 the state of Washington for the period of one year immediately prior
31 to the time of commencement of the first day of the semester or
32 quarter for which the student has registered at any institution and
33 has in fact established a bona fide domicile in this state primarily
34 for purposes other than educational;
35 (b) A dependent student, if one or both of the student's parents
36 or legal guardians have maintained a bona fide domicile in the state
37 of Washington for at least one year immediately prior to commencement
38 of the semester or quarter for which the student has registered at
39 any institution;
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1 (c) A student classified as a resident based upon domicile by an
2 institution on or before May 31, 1982, who was enrolled at a state
3 institution during any term of the 1982-1983 academic year, so long
4 as such student's enrollment (excepting summer sessions) at an
5 institution in this state is continuous;
6 (d) Any student who has spent at least seventy-five percent of
7 both his or her junior and senior years in high schools in this
8 state, whose parents or legal guardians have been domiciled in the
9 state for a period of at least one year within the five-year period
10 before the student graduates from high school, and who enrolls in a
11 public institution of higher education within six months of leaving
12 high school, for as long as the student remains continuously enrolled
13 for three quarters or two semesters in any calendar year;
14 (e) Any person who has completed and obtained a high school
15 diploma, or a person who has received the equivalent of a diploma;
16 who has continuously lived in the state of Washington for at least a
17 year primarily for purposes other than postsecondary education before
18 the individual is admitted to an institution of higher education
19 under subsection (1) of this section; and who provides to the
20 institution an affidavit indicating that the individual will file an
21 application to become a permanent resident at the earliest
22 opportunity the individual is eligible to do so and a willingness to
23 engage in any other activities necessary to acquire citizenship,
24 including but not limited to citizenship or civics review courses;
25 (f) Any person who has lived in Washington, primarily for
26 purposes other than postsecondary education, for at least one year
27 immediately before the date on which the person has enrolled in an
28 institution, and who holds lawful nonimmigrant status pursuant to 8
29 U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L), or who holds lawful
30 nonimmigrant status as the spouse or child of a person having
31 nonimmigrant status under one of those subsections, or who, holding
32 or having previously held such lawful nonimmigrant status as a
33 principal or derivative, has filed an application for adjustment of
34 status pursuant to 8 U.S.C. Sec. 1255(a);
35 (g) A student who is on active military duty stationed in the
36 state or who is a member of the Washington national guard;
37 (h) A student who is on active military duty or a member of the
38 Washington national guard who meets the following conditions:
39 (i) Entered service as a Washington resident;
40 (ii) Has maintained a Washington domicile; and
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1 (iii) Is stationed out-of-state;
2 (i) A student who is on active military duty who is stationed
3 out-of-state after having been stationed in Washington and is either:
4 (i) Admitted to an institution of higher education in Washington
5 before the reassignment and enrolls in that institution for the term
6 the student was admitted;
7 (ii) Enrolled in an institution of higher education in Washington
8 and remains continuously enrolled at the institution; or
9 (iii) Enrolls in an institution of higher education in Washington
10 within three years from the date of reassignment out-of-state;
11 (j) A student who is the spouse, state registered domestic
12 partner, or a dependent as defined in Title 10 U.S.C. Sec. 1072(2) as
13 it existed on January 18, 2022, or such subsequent date as the
14 student achievement council may determine by rule of a person defined
15 in (g) or (h) of this subsection. If the person defined in (g) of
16 this subsection is reassigned out-of-state, the student maintains the
17 status as a resident student so long as the student is either:
18 (i) Admitted to an institution before the reassignment and
19 enrolls in that institution for the term the student was admitted;
20 (ii) Enrolled in an institution and remains continuously enrolled
21 at the institution; or
22 (iii) Enrolled in an institution of higher education in
23 Washington within three years from the date of reassignment out-of-
24 state;
25 (k) A student who is eligible for veterans administration
26 educational assistance or rehabilitation benefits under Title 38
27 U.S.C. or educational assistance under Title 10 U.S.C. chapter 1606
28 as the titles existed on January 18, 2022, or such subsequent date as
29 the student achievement council may determine by rule;
30 (l) A student who has separated or retired from the uniformed
31 services with at least 10 years of ((honorable)) service and at least
32 90 days of active duty service, with a qualifying discharge as
33 defined in section 4 of this act, and who enters an institution of
34 higher education in Washington within three years of the date of
35 separation or retirement;
36 (m) A student who is the spouse, state registered domestic
37 partner, or child under the age of 26 years of an individual who has
38 separated or retired from the uniformed services with at least 10
39 years of ((honorable)) service and at least 90 days of active duty
40 service, with a qualifying discharge as defined in section 4 of this
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1 act, and who enters an institution of higher education in Washington
2 within three years of the service member's date of separation or
3 retirement;
4 (n) A student who has separated from the uniformed services who
5 was discharged ((due to the student's sexual orientation or gender
6 identity or expression)) for a reason described in section 4(4) of
7 this act;
8 (o) A student who is defined as a covered individual in 38 U.S.C.
9 Sec. 3679(c)(2) as it existed on January 18, 2022, or such subsequent
10 date as the student achievement council may determine by rule;
11 (p) A student of an out-of-state institution of higher education
12 who is attending a Washington state institution of higher education
13 pursuant to a home tuition agreement as described in RCW 28B.15.725;
14 (q) A student who meets the requirements of RCW 28B.15.0131 or
15 28B.15.0139: PROVIDED, That a nonresident student enrolled for more
16 than six hours per semester or quarter shall be considered as
17 attending for primarily educational purposes, and for tuition and fee
18 paying purposes only such period of enrollment shall not be counted
19 toward the establishment of a bona fide domicile of one year in this
20 state unless such student proves that the student has in fact
21 established a bona fide domicile in this state primarily for purposes
22 other than educational;
23 (r) A student who resides in Washington and is on active military
24 duty stationed in the Oregon counties of Columbia, Gilliam, Hood
25 River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla,
26 Union, Wallowa, Wasco, or Washington; or
27 (s) A student who resides in Washington and is the spouse or a
28 dependent of a person defined in (r) of this subsection. If the
29 person defined in (r) of this subsection moves from Washington or is
30 reassigned out of the Oregon counties of Columbia, Gilliam, Hood
31 River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla,
32 Union, Wallowa, Wasco, or Washington, the student maintains the
33 status as a resident student so long as the student resides in
34 Washington and is either:
35 (i) Admitted to an institution before the reassignment and
36 enrolls in that institution for the term the student was admitted; or
37 (ii) Enrolled in an institution and remains continuously enrolled
38 at the institution.
39 (3)(a) A student who qualifies under subsection (2)(k), (l), (m),
40 (n), or (o) of this section and who remains continuously enrolled at
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1 an institution of higher education shall retain resident student
2 status.
3 (b) Nothing in subsection (2)(k), (l), (m), (((n),)) or (o) of
4 this section applies to students who have a bad conduct discharge,
5 officer dismissal, or dishonorable discharge from the uniformed
6 services, or to students who are the spouse or child of an individual
7 who has ((had)) a bad conduct discharge, officer dismissal, or
8 dishonorable discharge from the uniformed services, unless the
9 student is receiving veterans administration educational assistance
10 benefits.
11 (4) The term "nonresident student" shall mean any student who
12 does not qualify as a "resident student" under the provisions of this
13 section and RCW 28B.15.013. Except for students qualifying under
14 subsection (2)(e) or (p) of this section, a nonresident student shall
15 include:
16 (a) A student attending an institution with the aid of financial
17 assistance provided by another state or governmental unit or agency
18 thereof, such nonresidency continuing for one year after the
19 completion of such semester or quarter. This condition shall not
20 apply to students from Columbia, Multnomah, Clatsop, Clackamas, or
21 Washington county, Oregon participating in the border county pilot
22 project under RCW 28B.76.685, 28B.76.690, and 28B.15.0139.
23 (b) A person who is not a citizen of the United States of
24 America, unless the person meets and complies with all applicable
25 requirements in this section and RCW 28B.15.013 and is one of the
26 following:
27 (i) A lawful permanent resident;
28 (ii) A temporary resident;
29 (iii) A person who holds "refugee-parolee," "conditional
30 entrant," or U or T nonimmigrant status with the United States
31 citizenship and immigration services;
32 (iv) A person who has been issued an employment authorization
33 document by the United States citizenship and immigration services
34 that is valid as of the date the person's residency status is
35 determined;
36 (v) A person who has been granted deferred action for childhood
37 arrival status before, on, or after June 7, 2018, regardless of
38 whether the person is no longer or will no longer be granted deferred
39 action for childhood arrival status due to the termination,
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1 suspension, or modification of the deferred action for childhood
2 arrival program; or
3 (vi) A person who is otherwise permanently residing in the United
4 States under color of law, including deferred action status.
5 (5) The term "domicile" shall denote a person's true, fixed and
6 permanent home and place of habitation. It is the place where the
7 student intends to remain, and to which the student expects to return
8 when the student leaves without intending to establish a new domicile
9 elsewhere. The burden of proof that a student, parent or guardian has
10 established a domicile in the state of Washington primarily for
11 purposes other than educational lies with the student.
12 (6) The term "dependent" shall mean a person who is not
13 financially independent. Factors to be considered in determining
14 whether a person is financially independent shall be set forth in
15 rules adopted by the student achievement council and shall include,
16 but not be limited to, the state and federal income tax returns of
17 the person and/or the student's parents or legal guardian filed for
18 the calendar year prior to the year in which application is made and
19 such other evidence as the council may require.
20 (7) The term "active military duty" means the person is serving
21 on active duty in:
22 (a) The armed forces of the United States government; or
23 (b) The Washington national guard; or
24 (c) The coast guard, merchant mariners, or other nonmilitary
25 organization when such service is recognized by the United States
26 government as equivalent to service in the armed forces.
27 (8) The term "active duty service" means full-time duty, other
28 than active duty for training, as a member of the uniformed services
29 of the United States. Active duty service as a national guard member
30 under Title 32 U.S.C. for the purpose of organizing, administering,
31 recruiting, instructing, or training and active service under Title
32 32 U.S.C. Sec. 502(f) for the purpose of responding to a national
33 emergency is recognized as active duty service.
34 (9) The term "uniformed services" is defined by Title 10 U.S.C.;
35 subsequently structured and organized by Titles 14, 33, and 42
36 U.S.C.; consisting of the United States army, United States marine
37 corps, United States navy, United States air force, United States
38 coast guard, United States space force, United States public health
39 service commissioned corps, and the national oceanic and atmospheric
40 administration commissioned officer corps.
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1 (10) "Washington national guard" means that part of the military
2 force of the state that is organized, equipped, and federally
3 recognized under the provisions of the national defense act of the
4 United States, and in the event the national guard is called into
5 federal service or in the event the state guard or any part or
6 individual member thereof is called into active state service by the
7 commander-in-chief. National guard service includes being subject to
8 call up for active duty under Title 32 U.S.C. or Title 10 U.S.C.
9 status or when called to state active service by the governor under
10 the provisions of RCW 38.08.040.
11 (11) "Child" includes, but is not limited to:
12 (a) A legitimate child;
13 (b) An adopted child;
14 (c) A stepchild;
15 (d) A foster child; and
16 (e) A legal dependent.
17 Sec. 12. RCW 28B.15.621 and 2022 c 45 s 1 are each amended to
18 read as follows:
19 (1) The legislature finds that active military and naval
20 veterans, reserve military and naval veterans, and national guard
21 members called to active duty have served their country and have
22 risked their lives to defend the lives of all Americans and the
23 freedoms that define and distinguish our nation. The legislature
24 intends to honor active military and naval veterans, reserve military
25 and naval veterans, and national guard members who have served on
26 active military or naval duty for the public service they have
27 provided to this country.
28 (2) Subject to the limitations in RCW 28B.15.910, the governing
29 boards of the state universities, the regional universities, The
30 Evergreen State College, and the community and technical colleges,
31 may waive all or a portion of tuition and fees for an eligible
32 veteran or national guard member.
33 (3) The governing boards of the state universities, the regional
34 universities, The Evergreen State College, and the community and
35 technical colleges, may waive all or a portion of tuition and fees
36 for a military or naval veteran who is a Washington domiciliary, but
37 who did not serve on foreign soil or in international waters or in
38 another location in support of those serving on foreign soil or in
39 international waters and who does not qualify as an eligible veteran
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1 or national guard member under subsection (8) of this section.
2 However, there shall be no state general fund support for waivers
3 granted under this subsection.
4 (4) Subject to the conditions in subsection (5) of this section
5 and the limitations in RCW 28B.15.910, the governing boards of the
6 state universities, the regional universities, The Evergreen State
7 College, and the community and technical colleges, shall waive all
8 tuition and fees for the following persons:
9 (a) A child and the spouse or the domestic partner or surviving
10 spouse or surviving domestic partner of an eligible veteran or
11 national guard member who became totally disabled as a result of
12 serving in active federal military or naval service, or who is
13 determined by the federal government to be a prisoner of war or
14 missing in action; and
15 (b) A child and the surviving spouse or surviving domestic
16 partner of an eligible veteran or national guard member who lost his
17 or her life as a result of serving in active federal military or
18 naval service.
19 (5) The conditions in this subsection (5) apply to waivers under
20 subsection (4) of this section.
21 (a) A child must be a Washington domiciliary between the age of
22 seventeen and twenty-six to be eligible for the tuition waiver. A
23 child's marital status does not affect eligibility.
24 (b)(i) A surviving spouse or surviving domestic partner must be a
25 Washington domiciliary.
26 (ii)(A) A surviving spouse or surviving domestic partner of the
27 eligible veteran or national guard member has ten years to receive
28 benefits under the waiver from whichever date occurs last:
29 (I) The date of the death;
30 (II) The date of total disability;
31 (III) Federal determination of service-connected death or total
32 disability; or
33 (IV) Federal determination of prisoner of war or missing in
34 action status.
35 (B) Upon remarriage or registration in a subsequent domestic
36 partnership, the surviving spouse or surviving domestic partner is
37 ineligible for the waiver of all tuition and fees.
38 (c) Each recipient's continued participation is subject to the
39 school's satisfactory progress policy.
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1 (d) Tuition waivers for graduate students are not required for
2 those who qualify under subsection (4) of this section but are
3 encouraged.
4 (e) Recipients who receive a waiver under subsection (4) of this
5 section may attend full-time or part-time. Total credits earned using
6 the waiver may not exceed two hundred fifty quarter credits, or the
7 equivalent of semester credits.
8 (f) Subject to amounts appropriated, recipients who receive a
9 waiver under subsection (4) of this section shall also receive a
10 stipend for textbooks and course materials in the amount of five
11 hundred dollars per academic year, to be divided equally among
12 academic terms and prorated for part-time enrollment.
13 (6) Required waivers of all tuition and fees under subsection (4)
14 of this section shall not affect permissive waivers of tuition and
15 fees under subsection (3) of this section.
16 (7) Private vocational schools and private higher education
17 institutions are encouraged to provide waivers consistent with the
18 terms in subsections (2) through (5) of this section.
19 (8) The definitions in this subsection apply throughout this
20 section.
21 (a) "Child" means a biological child, adopted child, or
22 stepchild.
23 (b) "Eligible veteran or national guard member" means a
24 Washington domiciliary who was an active or reserve member of the
25 United States military or naval forces, or a national guard member
26 called to active duty, who served in active federal service, under
27 either Title 10 or Title 32 of the United States Code, in a war or
28 conflict fought on foreign soil or in international waters or in
29 support of those serving on foreign soil or in international waters,
30 and if discharged from service, has ((received an honorable discharge
31 or any other discharge if the sole reason for discharge is due to
32 gender or sexuality)) a qualifying discharge as defined in section 4
33 of this act.
34 (c) "Totally disabled" means a person who has been determined to
35 be one hundred percent disabled by the federal department of veterans
36 affairs.
37 (d) "Washington domiciliary" means a person whose true, fixed,
38 and permanent house and place of habitation is the state of
39 Washington. "Washington domiciliary" includes a person who is
40 residing in rental housing or residing in base housing. In
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1 ascertaining whether a child or surviving spouse or surviving
2 domestic partner is domiciled in the state of Washington, public
3 institutions of higher education shall, to the fullest extent
4 possible, rely upon the standards provided in RCW 28B.15.013.
5 (9) As used in subsection (4) of this section, "fees" includes
6 all assessments for costs incurred as a condition to a student's full
7 participation in coursework and related activities at an institution
8 of higher education.
9 (10) The governing boards of the state universities, the regional
10 universities, The Evergreen State College, and the community and
11 technical colleges shall report to the higher education committees of
12 the legislature by November 15, 2010, and every two years thereafter,
13 regarding the status of implementation of the waivers under
14 subsection (4) of this section. The reports shall include the
15 following data and information:
16 (a) Total number of waivers;
17 (b) Total amount of tuition waived;
18 (c) Total amount of fees waived;
19 (d) Average amount of tuition and fees waived per recipient;
20 (e) Recipient demographic data that is disaggregated by distinct
21 ethnic categories within racial subgroups; and
22 (f) Recipient income level, to the extent possible.
23 Sec. 13. RCW 28B.102.020 and 2019 c 295 s 211 are each amended
24 to read as follows:
25 Unless the context clearly requires otherwise, the definitions in
26 this section apply throughout this chapter.
27 (1) "Approved education program" means an education program in a
28 common school as defined in RCW 28A.150.020.
29 (2) "Certificate" or "certificated" does not include a limited or
30 conditioned certificate.
31 (3) "Certificated employee" has the definition in RCW
32 28A.150.203. "Certificated employee" does not include a paraeducator.
33 (4) "Conditional scholarship" means a loan that is forgiven in
34 whole or in part in exchange for service as a certificated employee
35 in an approved education program.
36 (5) "Eligible veteran or national guard member" means a
37 Washington domiciliary who was an active or reserve member of the
38 United States military or naval forces, or a national guard member
39 called to active duty, who served in active federal service, under
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1 either Title 10 or Title 32 of the United States Code, in a war or
2 conflict fought on foreign soil or in international waters or in
3 another location in support of those serving on foreign soil or in
4 international waters, and if discharged from service, has ((received
5 an honorable discharge)) a qualifying discharge as defined in section
6 4 of this act.
7 (6) "Forgiven" or "to forgive" or "forgiveness" means that all or
8 part of a loan is canceled in exchange for service as a certificated
9 employee in an approved education program.
10 (7) "Institution of higher education" or "institution" means a
11 college or university in the state of Washington that is accredited
12 by an accrediting association recognized as such by rule of the
13 student achievement council.
14 (8) "Loan repayment" means a federal student loan that is repaid
15 in whole or in part if the borrower serves as a certificated employee
16 in an approved education program.
17 (9) "Office" means the office of student financial assistance.
18 (10) "Participant" means a person who has received a conditional
19 scholarship or loan repayment under this chapter.
20 (11) "Public school" has the same meaning as in RCW 28A.150.010.
21 (12) "Shortage area" means an endorsement or geographic area as
22 defined by the Washington professional educator standards board, in
23 consultation with the office of the superintendent of public
24 instruction, with a shortage of certificated employees. "Shortage
25 area" must be defined biennially using quantitative and qualitative
26 measures.
27 Sec. 14. RCW 41.04.010 and 2017 c 97 s 2 are each amended to
28 read as follows:
29 In all competitive examinations, unless otherwise provided in
30 this section, to determine the qualifications of applicants for
31 public offices, positions, or employment, either the state, and all
32 of its political subdivisions and all municipal corporations, or
33 private companies or agencies contracted with by the state to give
34 the competitive examinations shall give a scoring criteria status to
35 all veterans as defined in RCW 41.04.007, by adding to the passing
36 mark, grade or rating only, based upon a possible rating of one
37 hundred points as perfect a percentage in accordance with the
38 following:
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1 (1) Ten percent to a veteran who served during a period of war or
2 in an armed conflict as defined in RCW 41.04.005 and does not receive
3 military retirement. The percentage shall be added to the passing
4 mark, grade, or rating of competitive examinations until the
5 veteran's first appointment. The percentage shall not be utilized in
6 promotional examinations;
7 (2) Five percent to a veteran who did not serve during a period
8 of war or in an armed conflict as defined in RCW 41.04.005 or is
9 receiving military retirement. The percentage shall be added to the
10 passing mark, grade, or rating of competitive examinations until the
11 veteran's first appointment. The percentage shall not be utilized in
12 promotional examinations;
13 (3) Five percent to a veteran who was called to active military
14 service from employment with the state or any of its political
15 subdivisions or municipal corporations. The percentage shall be added
16 to promotional examinations until the first promotion only;
17 (4) All veterans' scoring criteria may be claimed:
18 (a) Upon release from active military service with ((an honorable
19 discharge or a discharge for medical reasons with an honorable
20 record, where applicable)) a qualifying discharge as defined in
21 section 4 of this act; or
22 (b) Upon receipt of a United States department of defense
23 discharge document DD form 214, NGB form 22, or their equivalent or
24 successor discharge paperwork, that characterizes his or her
25 ((service)) discharge as ((honorable)) a qualifying discharge as
26 defined in section 4 of this act.
27 Sec. 15. RCW 41.06.133 and 2023 c 148 s 1 are each amended to
28 read as follows:
29 (1) The director shall adopt rules, consistent with the purposes
30 and provisions of this chapter and with the best standards of
31 personnel administration, regarding the basis and procedures to be
32 followed for:
33 (a) The reduction, dismissal, suspension, or demotion of an
34 employee;
35 (b) Training and career development;
36 (c) Probationary periods of six to twelve months and rejections
37 of probationary employees, depending on the job requirements of the
38 class, except as follows:
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1 (i) Entry-level state park rangers shall serve a probationary
2 period of twelve months; and
3 (ii) The probationary period of campus police officer appointees
4 who are required to attend the Washington state criminal justice
5 training commission basic law enforcement academy shall extend from
6 the date of appointment until twelve months from the date of
7 successful completion of the basic law enforcement academy, or twelve
8 months from the date of appointment if academy training is not
9 required. The director shall adopt rules to ensure that employees
10 promoting to campus police officer who are required to attend the
11 Washington state criminal justice training commission basic law
12 enforcement academy shall have the trial service period extend from
13 the date of appointment until twelve months from the date of
14 successful completion of the basic law enforcement academy, or twelve
15 months from the date of appointment if academy training is not
16 required;
17 (d) Transfers;
18 (e) Promotional preferences;
19 (f) Sick leaves and vacations;
20 (g) Hours of work;
21 (h) Layoffs when necessary and subsequent reemployment, except
22 for the financial basis for layoffs;
23 (i) The number of names to be certified for vacancies;
24 (j) Subject to RCW 41.04.820, adoption and revision of a state
25 salary schedule to reflect the prevailing rates in Washington state
26 private industries and other governmental units;
27 (k) Increment increases within the series of steps for each pay
28 grade based on length of service for all employees whose standards of
29 performance are such as to permit them to retain job status in the
30 classified service;
31 (l) Optional lump sum relocation compensation approved by the
32 agency director, whenever it is reasonably necessary that a person
33 make a domiciliary move in accepting a transfer or other employment
34 with the state. An agency must provide lump sum compensation within
35 existing resources. If the person receiving the relocation payment
36 terminates or causes termination with the state, for reasons other
37 than layoff, disability separation, or other good cause as determined
38 by an agency director, within one year of the date of the employment,
39 the state is entitled to reimbursement of the lump sum compensation
40 from the person;
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1 (m) Providing for veteran's preference as required by existing
2 statutes, with recognition of preference in regard to layoffs and
3 subsequent reemployment for veterans and their surviving spouses by
4 giving such eligible veterans and their surviving spouses additional
5 credit in computing their seniority by adding to their unbroken state
6 service, as defined by the director, the veteran's service in the
7 military not to exceed five years. For the purposes of this section,
8 "veteran" means any person who has one or more years of active
9 military service in any branch of the armed forces of the United
10 States or who has less than one year's service and is discharged with
11 a disability incurred in the line of duty or is discharged at the
12 convenience of the government and who, upon termination of such
13 service, has received ((an honorable discharge, a discharge for
14 physical reasons with an honorable record, or a release from active
15 military service with evidence of service other than that for which
16 an undesirable, bad conduct, or dishonorable discharge shall be
17 given)) a qualifying discharge as defined in section 4 of this act.
18 However, the surviving spouse of a veteran is entitled to the
19 benefits of this section regardless of the veteran's length of active
20 military service. For the purposes of this section, "veteran" does
21 not include any person who has voluntarily retired with twenty or
22 more years of active military service and whose military retirement
23 pay is in excess of five hundred dollars per month.
24 (2) Rules adopted under this section by the director shall
25 provide for local administration and management by the institutions
26 of higher education and related boards, subject to periodic audit and
27 review by the director.
28 (3) Rules adopted by the director under this section may be
29 superseded by the provisions of a collective bargaining agreement
30 negotiated under RCW 41.80.001 and 41.80.010 through 41.80.130. The
31 supersession of such rules shall only affect employees in the
32 respective collective bargaining units.
33 Sec. 16. RCW 41.08.040 and 1993 c 47 s 4 are each amended to
34 read as follows:
35 Immediately after appointment the commission shall organize by
36 electing one of its members chair and hold regular meetings at least
37 once a month, and such additional meetings as may be required for the
38 proper discharge of their duties.
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1 They shall appoint a secretary and chief examiner, who shall keep
2 the records of the commission, preserve all reports made to it,
3 superintend and keep a record of all examinations held under its
4 direction, and perform such other duties as the commission may
5 prescribe.
6 The secretary and chief examiner shall be appointed as a result
7 of competitive examination which examination may be either original
8 and open to all properly qualified citizens of the city, town or
9 municipality, or promotional and limited to persons already in the
10 service of the fire department or of the fire department and other
11 departments of said city, town or municipality, as the commission may
12 decide. The secretary and chief examiner may be subject to
13 suspension, reduction or discharge in the same manner and subject to
14 the same limitations as are provided in the case of members of the
15 fire department. It shall be the duty of the civil service
16 commission:
17 (1) To make suitable rules and regulations not inconsistent with
18 the provisions of this chapter. Such rules and regulations shall
19 provide in detail the manner in which examinations may be held, and
20 appointments, promotions, transfers, reinstatements, demotions,
21 suspensions and discharges shall be made, and may also provide for
22 any other matters connected with the general subject of personnel
23 administration, and which may be considered desirable to further
24 carry out the general purposes of this chapter, or which may be found
25 to be in the interest of good personnel administration. Such rules
26 and regulations may be changed from time to time. The rules and
27 regulations and any amendments thereof shall be printed, mimeographed
28 or multigraphed for free public distribution. Such rules and
29 regulations may be changed from time to time.
30 (2) All tests shall be practical, and shall consist only of
31 subjects which will fairly determine the capacity of persons examined
32 to perform duties of the position to which appointment is to be made,
33 and may include tests of physical fitness and/or of manual skill.
34 (3) The rules and regulations adopted by the commission shall
35 provide for a credit in accordance with RCW 41.04.010 in favor of all
36 applicants for appointment under civil service, who, in time of war,
37 or in any expedition of the armed forces of the United States, have
38 served in and been ((honorably)) discharged from the armed forces of
39 the United States, including the army, navy, and marine corps and the
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1 American Red Cross, with a qualifying discharge as defined in section
2 4 of this act. These credits apply to entrance examinations only.
3 (4) The commission shall make investigations concerning and
4 report upon all matters touching the enforcement and effect of the
5 provisions of this chapter, and the rules and regulations prescribed
6 hereunder; inspect all institutions, departments, offices, places,
7 positions and employments affected by this chapter, and ascertain
8 whether this chapter and all such rules and regulations are being
9 obeyed. Such investigations may be made by the commission or by any
10 commissioner designated by the commission for that purpose. Not only
11 must these investigations be made by the commission as aforesaid, but
12 the commission must make like investigation on petition of a citizen,
13 duly verified, stating that irregularities or abuses exist, or
14 setting forth in concise language, in writing, the necessity for such
15 investigation. In the course of such investigation the commission or
16 designated commissioner, or chief examiner, shall have the power to
17 administer oaths, subpoena and require the attendance of witnesses
18 and the production by them of books, papers, documents and accounts
19 appertaining to the investigation and also to cause the deposition of
20 witnesses residing within or without the state to be taken in the
21 manner prescribed by law for like depositions in civil actions in the
22 superior court; and the oaths administered hereunder and the
23 subpoenas issued hereunder shall have the same force and effect as
24 the oaths administered by a superior court judge in his or her
25 judicial capacity; and the failure upon the part of any person so
26 subpoenaed to comply with the provisions of this section shall be
27 deemed a violation of this chapter, and punishable as such.
28 (5) All hearings and investigations before the commission, or
29 designated commissioner, or chief examiner, shall be governed by this
30 chapter and by rules of practice and procedure to be adopted by the
31 commission, and in the conduct thereof neither the commission, nor
32 designated commissioner shall be bound by the technical rules of
33 evidence. No informality in any proceedings or hearing, or in the
34 manner of taking testimony before the commission or designated
35 commissioner, shall invalidate any order, decision, rule or
36 regulation made, approved or confirmed by the commission: PROVIDED,
37 HOWEVER, That no order, decision, rule or regulation made by any
38 designated commissioner conducting any hearing or investigation alone
39 shall be of any force or effect whatsoever unless and until concurred
40 in by at least one of the other two members.
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1 (6) To hear and determine appeals or complaints respecting the
2 administrative work of the personnel department; appeals upon the
3 allocation of positions; the rejection of an examination, and such
4 other matters as may be referred to the commission.
5 (7) Establish and maintain in card or other suitable form a
6 roster of officers and employees.
7 (8) Provide for, formulate and hold competitive tests to
8 determine the relative qualifications of persons who seek employment
9 in any class or position and as a result thereof establish eligible
10 lists for the various classes of positions, and to provide that
11 persons laid off because of curtailment of expenditures, reduction in
12 force, and for like causes, head the list in the order of their
13 seniority, to the end that they shall be the first to be reemployed.
14 (9) When a vacant position is to be filled, to certify to the
15 appointing authority, on written request, the name of the person
16 highest on the eligible list for the class. If there are no such
17 lists, to authorize provisional or temporary appointment list of such
18 class. Such temporary or provisional appointment shall not continue
19 for a period longer than four months; nor shall any person receive
20 more than one provisional appointment or serve more than four months
21 as a provisional appointee in any one fiscal year.
22 (10) Keep such records as may be necessary for the proper
23 administration of this chapter.
24 Sec. 17. RCW 41.12.040 and 1993 c 47 s 5 are each amended to
25 read as follows:
26 Immediately after appointment the commission shall organize by
27 electing one of its members chair and hold regular meetings at least
28 once a month, and such additional meetings as may be required for the
29 proper discharge of their duties.
30 They shall appoint a secretary and chief examiner, who shall keep
31 the records for the commission, preserve all reports made to it,
32 superintend and keep a record of all examinations held under its
33 direction, and perform such other duties as the commission may
34 prescribe.
35 The secretary and chief examiner shall be appointed as a result
36 of competitive examination which examination may be either original
37 and open to all properly qualified citizens of the city, town, or
38 municipality, or promotional and limited to persons already in the
39 service of the police department or of the police department and
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1 other departments of the city, town, or municipality, as the
2 commission may decide. The secretary and chief examiner may be
3 subject to suspension, reduction, or discharge in the same manner and
4 subject to the same limitations as are provided in the case of
5 members of the police department. It shall be the duty of the civil
6 service commission:
7 (1) To make suitable rules and regulations not inconsistent with
8 the provisions of this chapter. Such rules and regulations shall
9 provide in detail the manner in which examinations may be held, and
10 appointments, promotions, transfers, reinstatements, demotions,
11 suspensions, and discharges shall be made, and may also provide for
12 any other matters connected with the general subject of personnel
13 administration, and which may be considered desirable to further
14 carry out the general purposes of this chapter, or which may be found
15 to be in the interest of good personnel administration. Such rules
16 and regulations may be changed from time to time. The rules and
17 regulations and any amendments thereof shall be printed,
18 mimeographed, or multigraphed for free public distribution. Such
19 rules and regulations may be changed from time to time;
20 (2) All tests shall be practical, and shall consist only of
21 subjects which will fairly determine the capacity of persons examined
22 to perform duties of the position to which appointment is to be made,
23 and may include tests of physical fitness and/or of manual skill;
24 (3) The rules and regulations adopted by the commission shall
25 provide for a credit in accordance with RCW 41.04.010 in favor of all
26 applicants for appointment under civil service, who, in time of war,
27 or in any expedition of the armed forces of the United States, have
28 served in and been ((honorably)) discharged from the armed forces of
29 the United States, including the army, navy, and marine corps and the
30 American Red Cross, with a qualifying discharge as defined in section
31 4 of this act. These credits apply to entrance examinations only;
32 (4) The commission shall make investigations concerning and
33 report upon all matters touching the enforcement and effect of the
34 provisions of this chapter, and the rules and regulations prescribed
35 hereunder; inspect all institutions, departments, offices, places,
36 positions, and employments affected by this chapter, and ascertain
37 whether this chapter and all such rules and regulations are being
38 obeyed. Such investigations may be made by the commission or by any
39 commissioner designated by the commission for that purpose. Not only
40 must these investigations be made by the commission, but the
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1 commission must make like investigation on petition of a citizen,
2 duly verified, stating that irregularities or abuses exist, or
3 setting forth in concise language, in writing, the necessity for such
4 investigation. In the course of such investigation the commission or
5 designated commissioner, or chief examiner, shall have the power to
6 administer oaths, subpoena and require the attendance of witnesses
7 and the production by them of books, papers, documents, and accounts
8 appertaining to the investigation, and also to cause the deposition
9 of witnesses residing within or without the state to be taken in the
10 manner prescribed by law for like depositions in civil actions in the
11 superior court; and the oaths administered hereunder and the
12 subpoenas issued hereunder shall have the same force and effect as
13 the oaths administered by a superior court judge in his or her
14 judicial capacity; and the failure upon the part of any person so
15 subpoenaed to comply with the provisions of this section shall be
16 deemed a violation of this chapter, and punishable as such;
17 (5) Hearings and Investigations: How conducted. All hearings and
18 investigations before the commission, or designated commissioner, or
19 chief examiner, shall be governed by this chapter and by rules of
20 practice and procedure to be adopted by the commission, and in the
21 conduct thereof neither the commission, nor designated commissioner
22 shall be bound by the technical rules of evidence. No informality in
23 any proceedings or hearing, or in the manner of taking testimony
24 before the commission or designated commissioner, shall invalidate
25 any order, decision, rule or regulation made, approved or confirmed
26 by the commission: PROVIDED, HOWEVER, That no order, decision, rule
27 or regulation made by any designated commissioner conducting any
28 hearing or investigation alone shall be of any force or effect
29 whatsoever unless and until concurred in by at least one of the other
30 two members;
31 (6) To hear and determine appeals or complaints respecting the
32 administrative work of the personnel department; appeals upon the
33 allocation of positions; the rejection of an examination, and such
34 other matters as may be referred to the commission;
35 (7) Establish and maintain in card or other suitable form a
36 roster of officers and employees;
37 (8) Provide for, formulate and hold competitive tests to
38 determine the relative qualifications of persons who seek employment
39 in any class or position and as a result thereof establish eligible
40 lists for the various classes of positions, and to provide that
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1 persons laid off because of curtailment of expenditures, reduction in
2 force, and for like causes, head the list in the order of their
3 seniority, to the end that they shall be the first to be reemployed;
4 (9) When a vacant position is to be filled, to certify to the
5 appointing authority, on written request, the name of the person
6 highest on the eligible list for the class. If there are no such
7 lists, to authorize provisional or temporary appointment list of such
8 class. Such temporary or provisional appointment shall not continue
9 for a period longer than four months; nor shall any person receive
10 more than one provisional appointment or serve more than four months
11 as provisional appointee in any one fiscal year;
12 (10) Keep such records as may be necessary for the proper
13 administration of this chapter.
14 Sec. 18. RCW 43.24.130 and 2012 c 45 s 1 are each amended to
15 read as follows:
16 (1) Notwithstanding any provision of law to the contrary, the
17 license of any person licensed by the director of licensing, or the
18 boards and commissions listed in chapter 18.235 RCW, to practice a
19 profession or engage in an occupation, if valid and in force and
20 effect at the time the licensee entered service in the armed forces,
21 the United States public health service commissioned corps, or the
22 merchant marine of the United States, shall continue in full force
23 and effect so long as such service continues, unless sooner
24 suspended, canceled, or revoked for cause as provided by law. The
25 director, board, or commission shall renew the license of every such
26 person who applies for renewal thereof within six months after being
27 ((honorably)) discharged from service with a qualifying discharge as
28 defined in section 4 of this act, upon payment of the renewal fee
29 applicable to the then current year or other license period.
30 (2) If requested by the licensee, the license of a spouse or
31 registered domestic partner of a service member in the United States
32 armed forces, including the United States public health service
33 commissioned corps, if valid and in force and effect at the time the
34 service member is deployed or stationed in a location outside
35 Washington state, must be placed in inactive military spouse or
36 registered domestic partner status so long as such service continues,
37 unless sooner suspended, canceled, or revoked for cause as provided
38 by law. The director, board, or commission shall return to active
39 status the license of every such person who applies for activation
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1 within six months after returning to Washington state, upon payment
2 of the current renewal fee and meeting the current renewal conditions
3 of the respective license.
4 (3) The director, board, or commission may adopt any rules
5 necessary to implement this section.
6 Sec. 19. RCW 43.60A.190 and 2017 c 185 s 7 are each amended to
7 read as follows:
8 (1) The department shall:
9 (a) Maintain a current list of certified veteran-owned
10 businesses; and
11 (b) Make the list of certified veteran-owned businesses available
12 on the department's public website.
13 (2) To qualify as a certified veteran-owned business, the
14 business must:
15 (a) Be at least fifty-one percent owned and controlled by:
16 (i) A ((veteran as defined as every)) person who at the time he
17 or she seeks certification ((has received a discharge with an
18 honorable characterization or received a discharge for medical
19 reasons with an honorable record, where applicable, and who has
20 served in at least one of the capacities listed)) is a veteran as
21 defined in RCW 41.04.007;
22 (ii) A person who is in receipt of disability compensation or
23 pension from the department of veterans affairs; or
24 (iii) An active or reserve member in any branch of the armed
25 forces of the United States, including the national guard, coast
26 guard, and armed forces reserves; and
27 (b) Be either an enterprise which is incorporated in the state of
28 Washington as a Washington domestic corporation, or an enterprise
29 whose principal place of business is located within the state of
30 Washington for enterprises which are not incorporated.
31 (3) To participate in the linked deposit program under chapter
32 43.86A RCW, a veteran-owned business qualified under this section
33 must be certified by the department as a business:
34 (a) In which the veteran owner possesses and exercises sufficient
35 expertise specifically in the business's field of operation to make
36 decisions governing the long-term direction and the day-to-day
37 operations of the business;
38 (b) That is organized for profit and performing a commercially
39 useful function; and
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1 (c) That meets the criteria for a small business concern as
2 established under chapter 39.19 RCW.
3 (4) The department shall create a logo for the purpose of
4 identifying veteran-owned businesses to the public. The department
5 shall put the logo on an adhesive sticker or decal suitable for
6 display in a business window and distribute the stickers or decals to
7 veteran-owned businesses listed with the department.
8 (5)(a) Businesses may submit an application on a form prescribed
9 by the department to apply for certification under this section.
10 (b) The department must notify the state treasurer of veteran-
11 owned businesses who have participated in the linked deposit program
12 and are no longer certified under this section. The written
13 notification to the state treasurer must contain information
14 regarding the reasons for the decertification and information on
15 financing provided to the veteran-owned business under RCW
16 43.86A.060.
17 (6) The department may adopt rules necessary to implement this
18 section.
19 Sec. 20. RCW 43.70.270 and 2012 c 45 s 2 are each amended to
20 read as follows:
21 (1) Notwithstanding any provision of law to the contrary, the
22 license of any person licensed by the secretary of health to practice
23 a profession or engage in an occupation, if valid and in force and
24 effect at the time the licensee entered service in the armed forces,
25 the United States public health service commissioned corps, or the
26 merchant marine of the United States, shall continue in full force
27 and effect so long as such service continues, unless sooner
28 suspended, canceled, or revoked for cause as provided by law. The
29 secretary shall renew the license of every such person who applies
30 for renewal thereof within six months after being ((honorably))
31 discharged from service with a qualifying discharge as defined in
32 section 4 of this act, upon payment of the renewal fee applicable to
33 the then current year or other license period.
34 (2) If requested by the licensee, the license of a spouse or
35 registered domestic partner of a service member in the United States
36 armed forces, including the United States public health service
37 commissioned corps, if valid and in force and effect at the time the
38 service member is deployed or stationed in a location outside
39 Washington state, must be placed in inactive military spouse or
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1 registered domestic partner status so long as such service continues,
2 unless sooner suspended, canceled, or revoked for cause as provided
3 by law. The secretary shall return to active status the license of
4 every such person who applies for renewal thereof within six months
5 after the service member is ((honorably)) discharged from service
6 with a qualifying discharge as defined in section 4 of this act, or
7 sooner if requested by the licensee, upon payment of the renewal fee
8 applicable to the then current year or other license period.
9 (3) The secretary may adopt any rules necessary to implement this
10 section.
11 Sec. 21. RCW 46.18.270 and 2011 c 332 s 7 are each amended to
12 read as follows:
13 (1) A registered owner who has survived the attack on Pearl
14 Harbor on December 7, 1941, may apply to the department for special
15 license plates for use on only one motor vehicle required to display
16 one or two license plates, excluding vehicles registered under
17 chapter 46.87 RCW, upon terms and conditions established by the
18 department, and owned by the qualified applicant. The applicant must:
19 (a) Be a resident of this state;
20 (b) Have been a member of the United States armed forces on
21 December 7, 1941;
22 (c) Have been on station on December 7, 1941, between the hours
23 of 7:55 a.m. and 9:45 a.m. Hawaii time at Pearl Harbor, the island of
24 Oahu, or offshore at a distance not to exceed three miles;
25 (d) Have received ((an honorable)) a qualifying discharge, as
26 defined in section 4 of this act, from the United States armed
27 forces;
28 (e) Provide certification by a Washington state chapter of the
29 Pearl Harbor survivors association showing that qualifications in (c)
30 of this subsection have been met;
31 (f) Be recorded as the registered owner of the motor vehicle on
32 which the Pearl Harbor survivor license plate or plates will be
33 displayed; and
34 (g) Pay all fees and taxes required by law for registering the
35 motor vehicle.
36 (2) Pearl Harbor survivor license plates must be issued without
37 the payment of any license plate fee.
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1 (3) Pearl Harbor survivor license plates must be replaced, free
2 of charge, if the license plates have become lost, stolen, damaged,
3 defaced, or destroyed.
4 (4) Pearl Harbor survivor license plates may be issued to the
5 surviving spouse or domestic partner of a Pearl Harbor survivor who
6 met the requirements in subsection (1) of this section. The surviving
7 spouse or domestic partner must be a resident of this state. If the
8 surviving spouse remarries or the surviving domestic partner marries
9 or enters into a new domestic partnership, he or she must return the
10 special license plates to the department within fifteen days and
11 apply for regular license plates or another type of special license
12 plate.
13 (5) A Pearl Harbor survivor license plate or plates may be
14 transferred from one motor vehicle to another motor vehicle owned by
15 the Pearl Harbor survivor or the surviving spouse or domestic partner
16 as described in subsection (4) of this section upon application to
17 the department, county auditor or other agent, or subagent appointed
18 by the director.
19 Sec. 22. RCW 46.18.280 and 2019 c 139 s 1 are each amended to
20 read as follows:
21 (1) A registered owner who has been awarded a Purple Heart medal
22 by any branch of the United States armed forces, including the
23 merchant marines and the women's air forces service pilots may apply
24 to the department for special license plates for use on a motor
25 vehicle required to display one or two license plates, excluding
26 vehicles registered under chapter 46.87 RCW, upon terms and
27 conditions established by the department, and owned by the qualified
28 applicant. The applicant must:
29 (a) Be a resident of this state;
30 (b) Have been wounded during one of this nation's wars or
31 conflicts identified in RCW 41.04.005;
32 (c) Have received ((an honorable)) a qualifying discharge, as
33 defined in section 4 of this act, from the United States armed
34 forces;
35 (d) Provide a copy of the armed forces document showing the
36 recipient was awarded the Purple Heart medal; and
37 (e) Be recorded as the registered owner of the motor vehicle on
38 which the Purple Heart license plate or plates will be displayed.
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1 (2) Purple Heart license plates must be issued without the
2 payment of any vehicle license fees, license plate fees, motor
3 vehicle excise taxes, and special license plate fees for one motor
4 vehicle. For other motor vehicles, qualified applicants may purchase
5 Purple Heart license plates for the fee required under RCW
6 46.17.220(((17))) (18) and all other fees and taxes required by law
7 for registering the motor vehicle.
8 (3) Purple Heart license plates may be issued to the surviving
9 spouse or domestic partner of a Purple Heart recipient who met the
10 requirements in subsection (1) of this section. The surviving spouse
11 or domestic partner must be a resident of this state. If the
12 surviving spouse remarries or the surviving domestic partner marries
13 or enters into a new domestic partnership, he or she must return the
14 special license plates to the department within fifteen days and
15 apply for regular license plates or another type of special license
16 plate.
17 (4) A Purple Heart license plate or plates may be transferred
18 from one motor vehicle to another motor vehicle owned by the Purple
19 Heart recipient or the surviving spouse or domestic partner as
20 described in subsection (3) of this section upon application to the
21 department, county auditor or other agent, or subagent appointed by
22 the director.
23 Sec. 23. RCW 46.18.295 and 2012 c 69 s 1 are each amended to
24 read as follows:
25 (1) Veterans ((discharged under honorable conditions (veterans)))
26 and ((individuals serving on active duty in the United States armed
27 forces ())active duty military personnel(())) may purchase a veterans
28 remembrance emblem, campaign medal emblem, or military service award
29 emblem. The emblem is to be displayed on license plates in the manner
30 described by the department, existing vehicular registration
31 procedures, and current laws.
32 (2) For purposes of this section:
33 (a) "Active duty military personnel" means an individual serving
34 on active duty in the United States armed forces.
35 (b) "Veteran" has the meaning defined in RCW 41.04.007.
36 (3) Veterans and active duty military personnel who served during
37 periods of war or armed conflict may purchase a remembrance emblem
38 depicting campaign ribbons which they were awarded.
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1 (((3))) (4) The following campaign ribbon remembrance emblems are
2 available:
3 (a) World War I victory medal;
4 (b) World War II Asiatic-Pacific campaign medal;
5 (c) World War II European-African Middle East campaign medal;
6 (d) World War II American campaign medal;
7 (e) Korean service medal;
8 (f) Vietnam service medal;
9 (g) Armed forces expeditionary medal awarded after 1958; and
10 (h) Southwest Asia medal.
11 The director may issue additional campaign ribbon emblems by rule
12 as authorized decorations by the United States department of defense.
13 (((4))) (5) The following military service award emblems are
14 available:
15 (a) Distinguished Service Cross;
16 (b) Navy Cross;
17 (c) Air Force Cross;
18 (d) Silver Star medal; and
19 (e) Bronze Star medal.
20 (((5))) (6) Veterans or active duty military personnel requesting
21 a veteran remembrance emblem, campaign medal emblem, or military
22 service award emblem or emblems must:
23 (a) Pay a prescribed fee set by the department; and
24 (b) Show proof of eligibility through:
25 (i) Providing a DD-214 or discharge papers, as well as necessary
26 documentation to prove eligibility as a veteran with an other than
27 honorable characterization of service, if a veteran;
28 (ii) Providing a copy of orders awarding a campaign ribbon if an
29 individual serving on military active duty;
30 (iii) Providing a copy of orders awarding a military service
31 award; or
32 (iv) Attesting in a notarized affidavit of their eligibility as
33 required under this section.
34 (((6))) (7) Veterans or active duty military personnel who
35 purchase a veteran remembrance emblem, campaign medal emblem, or
36 military service award emblem must be the legal or registered owner
37 of the vehicle on which the emblem is to be displayed.
38 Sec. 24. RCW 46.20.027 and 2002 c 292 s 3 are each amended to
39 read as follows:
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1 A Washington state motor vehicle driver's license issued to any
2 service member if valid and in force and effect while such person is
3 serving in the armed forces, shall remain in full force and effect so
4 long as such service continues unless the same is sooner suspended,
5 canceled, or revoked for cause as provided by law and for not to
6 exceed ninety days following the date on which the holder of such
7 driver's license is ((honorably)) separated from service in the armed
8 forces of the United States. A Washington state driver's license
9 issued to the spouse or dependent child of such service member
10 likewise remains in full force and effect if the person is residing
11 with the service member.
12 For purposes of this section, "service member" means every person
13 serving in the armed forces whose branch of service as of the date of
14 application for the driver's license is included in the definition of
15 veteran pursuant to RCW 41.04.007 or the person will meet the
16 definition of veteran at the time of discharge.
17 Sec. 25. RCW 46.20.161 and 2021 c 158 s 7 are each amended to
18 read as follows:
19 (1) The department, upon receipt of a fee of seventy-two dollars,
20 unless the driver's license is issued for a period other than eight
21 years, in which case the fee shall be nine dollars for each year that
22 the license is issued, which includes the fee for the required
23 photograph, shall issue to every qualifying applicant a driver's
24 license. A driver's license issued to a person under the age of
25 eighteen is an intermediate license, subject to the restrictions
26 imposed under RCW 46.20.075, until the person reaches the age of
27 eighteen.
28 (2) The license must include:
29 (a) A distinguishing number assigned to the licensee;
30 (b) The name of record;
31 (c) Date of birth;
32 (d) Washington residence address;
33 (e) Photograph;
34 (f) A brief description of the licensee;
35 (g) Either a facsimile of the signature of the licensee or a
36 space upon which the licensee shall write the licensees' usual
37 signature with pen and ink immediately upon receipt of the license;
38 (h) If applicable, the person's status as a veteran as provided
39 in subsection (4) of this section; and
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1 (i) If applicable, a medical alert designation as provided in
2 subsection (5) of this section.
3 (3) No license is valid until it has been signed by the licensee.
4 (4)(a) A veteran, as defined in RCW 41.04.007, or an individual
5 who otherwise meets the criteria of RCW 41.04.007 but who has
6 received a general discharge under honorable conditions, may apply to
7 the department to obtain a veteran designation on a driver's license
8 issued under this section by providing:
9 (i) A United States department of veterans affairs identification
10 card or proof of service letter;
11 (ii) A United States department of defense discharge document, DD
12 Form 214 or DD Form 215, as it exists on June 7, 2018, or such
13 subsequent date as may be provided by the department by rule,
14 consistent with the purposes of this section, or equivalent or
15 successor discharge paperwork, ((that shows a discharge status of
16 "honorable" or "general under honorable conditions")) that
17 establishes the person's service in the armed forces of the United
18 States and qualifying discharge as defined in section 4 of this act;
19 (iii) A national guard state-issued report of separation and
20 military service, NGB Form 22, as it exists on June 7, 2018, or such
21 subsequent date as may be provided by the department by rule,
22 consistent with the purposes of this section, or equivalent or
23 successor discharge paperwork, ((that shows a discharge status of
24 "honorable" or "general under honorable conditions")) that
25 establishes the person's active duty or reserve service in the
26 national guard and qualifying discharge as defined in section 4 of
27 this act; or
28 (iv) A United States uniformed services identification card, DD
29 Form 2, that displays on its face that it has been issued to a
30 retired member of any of the armed forces of the United States,
31 including the national guard and armed forces reserves.
32 (b) The department may permit a veteran, as defined in RCW
33 41.04.007, ((or an individual who otherwise meets the criteria of RCW
34 41.04.007 but who has received a general discharge under honorable
35 conditions,)) to submit ((an)) alternate forms of documentation to
36 apply to obtain a veteran designation on a driver's license((, as
37 specified by rule, that requires a discharge status of "honorable" or
38 "general under honorable conditions" and that establishes the
39 person's service as required under RCW 41.04.007)).
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1 (5) Any person may apply to the department to obtain a medical
2 alert designation, a developmental disability designation, or a
3 deafness designation on a driver's license issued under this chapter
4 by providing:
5 (a) Self-attestation that the individual:
6 (i) Has a medical condition that could affect communication or
7 account for a driver health emergency;
8 (ii) Is deaf or hard of hearing; or
9 (iii) Has a developmental disability as defined in RCW
10 71A.10.020;
11 (b) A statement from the person that they have voluntarily
12 provided the self-attestation and other information verifying the
13 condition; and
14 (c) For persons under eighteen years of age or who have a
15 developmental disability, the signature of a parent or legal
16 guardian.
17 (6) A self-attestation or data contained in a self-attestation
18 provided under this section:
19 (a) Shall not be disclosed;
20 (b) Is for the confidential use of the director, the chief of the
21 Washington state patrol, and law enforcement and emergency medical
22 service providers as designated by law; and
23 (c) Is subject to the privacy protections of the driver's privacy
24 protection act, 18 U.S.C. Sec. 2725.
25 Sec. 26. RCW 72.36.030 and 2014 c 184 s 3 are each amended to
26 read as follows:
27 All of the following persons who have been actual bona fide
28 residents of this state at the time of their application may be
29 admitted to a state veterans' home under rules as may be adopted by
30 the director of the department, unless sufficient facilities and
31 resources are not available to accommodate these people:
32 (1)(a) All ((honorably discharged)) veterans ((of a branch)) of
33 the ((armed forces)) uniformed services of the United States or
34 merchant marines who meet the discharge requirements under RCW
35 41.04.007 or are eligible for medical care provided by the United
36 States department of veterans affairs; (b) members of the state
37 militia disabled while in the line of duty; (c) Filipino World War II
38 veterans who swore an oath to American authority and who participated
39 in military engagements with American soldiers; (d) the spouses or
p. 40 HB 2014
1 the domestic partners of these veterans, merchant marines, and
2 members of the state militia; and (e) parents any of whose children
3 died while serving in the armed forces. However, it is required that
4 the spouse was married to and living with the veteran, or that the
5 domestic partner was in a domestic partnership and living with the
6 veteran, three years prior to the date of application for admittance,
7 or, if married to or in a domestic partnership with him or her since
8 that date, was also a resident of a state veterans' home in this
9 state or entitled to admission thereto;
10 (2) The spouses or domestic partners of: (a) All ((honorably
11 discharged)) veterans of the United States ((armed forces)) uniformed
12 services with a qualifying discharge as defined in section 4 of this
13 act; (b) merchant marines; and (c) members of the state militia who
14 were disabled while in the line of duty and who were residents of a
15 state veterans' home in this state or were entitled to admission to
16 one of this state's state veteran homes at the time of death.
17 However, the included spouse or included domestic partner shall not
18 have been married since the death of his or her spouse or domestic
19 partner to a person who is not a resident of one of this state's
20 state veterans' homes or entitled to admission to one of this state's
21 state veterans' homes; and
22 (3) All applicants for admission to a state veterans' home shall
23 apply for all federal and state benefits for which they may be
24 eligible, including medical assistance under chapter 74.09 RCW.
25 NEW SECTION. Sec. 27. RCW 73.04.042 (Honorable discharge
26 recorded—Veterans of Spanish-American War and World War I) and 1923 c
27 17 s 1 & 1919 c 86 s 1 are each repealed.
28 Sec. 28. RCW 73.08.005 and 2017 c 185 s 9 are each amended to
29 read as follows:
30 The definitions in this section apply throughout this chapter
31 unless the context clearly requires otherwise.
32 (1) "Direct costs" includes those allowable costs that can be
33 readily assigned to the statutory objectives of this chapter,
34 consistent with the cost principles promulgated by the federal office
35 of management and budget in circular No. A-87, dated May 10, 2004.
36 (2) "Family" means the spouse or domestic partner, surviving
37 spouse, surviving domestic partner, and dependent children of a
p. 41 HB 2014
1 living or deceased veteran, or a service member who was killed in the
2 line of duty regardless of the number of days served.
3 (3) "Indigent" means a person who is defined as such by the
4 county legislative authority using one or more of the following
5 definitions:
6 (a) Receiving one of the following types of public assistance:
7 Temporary assistance for needy families, aged, blind, or disabled
8 assistance benefits, pregnant women assistance benefits, poverty-
9 related veterans' benefits, food stamps or food stamp benefits
10 transferred electronically, refugee resettlement benefits, medicaid,
11 medical care services, or supplemental security income;
12 (b) Receiving an annual income, after taxes, of up to one hundred
13 fifty percent or less of the current federally established poverty
14 level, or receiving an annual income not exceeding a higher
15 qualifying income established by the county legislative authority; or
16 (c) Unable to pay reasonable costs for shelter, food, utilities,
17 and transportation because his or her available funds are
18 insufficient.
19 (4) "Indirect costs" includes those allowable costs that are
20 generally associated with carrying out the statutory objectives of
21 this chapter, but the identification and tracking of those costs
22 cannot be readily assigned to a specific statutory objective without
23 an accounting effort that is disproportionate to the benefit
24 received. A county legislative authority may allocate allowable
25 indirect costs to its veterans' assistance fund if it is accomplished
26 in a manner consistent with the cost principles promulgated by the
27 federal office of management and budget in circular No. A-87, dated
28 May 10, 2004.
29 (5)(a) "Veteran" means:
30 (i) A person who served in the active military, naval, or air
31 service; a member of the women's air forces service pilots during
32 World War II; a United States documented merchant mariner with
33 service aboard an oceangoing vessel operated by the war shipping
34 administration; the office of defense transportation, or their
35 agents, from December 7, 1941, through December 31, 1946; or a civil
36 service crewmember with service aboard a United States army transport
37 service or United States naval transportation service vessel in
38 oceangoing service from December 7, 1941, through December 31, 1946,
39 who meets one of the following criteria:
p. 42 HB 2014
1 (A) Served on active duty for at least one hundred eighty days
2 and who was released with ((an honorable discharge)) a qualifying
3 discharge as defined in section 4 of this act;
4 (B) Received ((an honorable or general under honorable
5 characterization of service)) a qualifying discharge as defined in
6 section 4 of this act with a medical reason for separation for a
7 condition listed as non-existed prior to service, regardless of
8 number of days served; or
9 (C) Received ((an honorable discharge)) a qualifying discharge as
10 defined in section 4 of this act and has received a rating for a
11 service connected disability from the United States department of
12 veterans affairs regardless of number of days served;
13 (ii) A current member honorably serving in the armed forces
14 reserve or national guard who has been activated by presidential call
15 up for purposes other than training;
16 (iii) A former member of the armed forces reserve or national
17 guard who has fulfilled his or her initial military service
18 obligation and was released with ((an honorable discharge)) a
19 qualifying discharge as defined in section 4 of this act;
20 (iv) A former member of the armed forces reserve or national
21 guard who does not have over one hundred seventy-nine days of active
22 duty service, but meets the federal definition of a veteran having
23 completed twenty years of service.
24 (b) At the discretion of the county legislative authority and in
25 consultation with the veterans' advisory board, counties may expand
26 eligibility for the veterans assistance fund as the county determines
27 necessary, which may include serving veterans with additional
28 discharge characterizations.
29 (6) "Veterans' advisory board" means a board established by a
30 county legislative authority under the authority of RCW 73.08.035.
31 (7) "Veterans' assistance fund" means an account in the custody
32 of the county auditor, or the chief financial officer in a county
33 operating under a charter, that is funded by taxes levied under the
34 authority of RCW 73.08.080.
35 (8) "Veterans' assistance program" means a program approved by
36 the county legislative authority under the authority of RCW 73.08.010
37 that is fully or partially funded by the veterans' assistance fund
38 authorized by RCW 73.08.080.
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1 Sec. 29. RCW 73.16.120 and 2015 c 57 s 2 are each amended to
2 read as follows:
3 (1) The department of veterans affairs, employment security
4 department, and department of commerce shall consult local chambers
5 of commerce, associate development organizations, and businesses to
6 initiate a demonstration campaign to increase veteran employment.
7 This campaign may include partnerships with chambers of commerce that
8 result in business owners sharing, with the local chamber of
9 commerce, information on the number of veterans employed and the
10 local chambers of commerce providing this information to the
11 department of veterans affairs.
12 (2) Participants in the campaign are encouraged to work with the
13 Washington state military transition council and county veterans'
14 advisory boards as defined in RCW 73.08.035.
15 (3) Funding for the campaign shall be established from existing
16 resources.
17 (4) For the purposes of this section, "veteran" ((means any
18 veteran discharged under honorable conditions)) has the definition
19 given in RCW 41.04.007.
20 Sec. 30. RCW 77.32.480 and 2016 c 78 s 1 are each amended to
21 read as follows:
22 (1) Upon written application, a combination fishing license shall
23 be issued at the reduced rate of five dollars and all hunting
24 licenses shall be issued at the reduced rate of a youth hunting
25 license fee for the following individuals:
26 (a) A resident sixty-five years old or older who ((is an
27 honorably discharged veteran of)) has a qualifying discharge, as
28 defined in section 4 of this act, from the United States armed forces
29 ((having)) and has a service-connected disability;
30 (b) A resident who ((is an honorably discharged veteran of)) has
31 a qualifying discharge, as defined in section 4 of this act, from the
32 United States armed forces ((with)) and has a thirty percent or more
33 service-connected disability;
34 (c) A resident with a disability who permanently uses a
35 wheelchair;
36 (d) A resident who is blind or visually impaired; and
37 (e) A resident with a developmental disability as defined in RCW
38 71A.10.020 with documentation of the disability certified by a
39 physician licensed to practice in this state.
p. 44 HB 2014
1 (2) Upon department verification of eligibility, a nonstate
2 resident veteran with a disability who otherwise satisfies the
3 criteria of subsection (1)(a) and (b) of this section must be issued
4 a combination fishing license or any hunting license at the same cost
5 charged to a nondisabled Washington resident for the same license.
6 (3) Upon written application and department verification, the
7 following recreational hunting licenses must be issued at no cost to
8 a resident member of the state guard or national guard, as defined in
9 RCW 38.04.010, as long as the state guard or national guard member
10 is: An active full-time state guard or national guard employee; or a
11 state guard or national guard member whose status requires the state
12 guard or national guard member to participate in drill training on a
13 part-time basis:
14 (a) A small game hunting license under RCW 77.32.460(1);
15 (b) A supplemental migratory bird permit under RCW 77.32.350; and
16 (c) A big game hunting license under RCW 77.32.450 (1) and (2).
17 Sec. 31. RCW 84.39.020 and 2020 c 139 s 54 are each amended to
18 read as follows:
19 (1) Each claimant applying for assistance under RCW 84.39.010
20 must file a claim with the department, on forms prescribed by the
21 department, no later than thirty days before the tax is due. The
22 department may waive this requirement for good cause shown. The
23 department must supply forms to the county assessor to allow persons
24 to apply for the program at the county assessor's office.
25 (2) The claim must designate the property to which the assistance
26 applies and must include a statement setting forth (a) a list of all
27 members of the claimant's household, (b) facts establishing the
28 eligibility under this section, and (c) any other relevant
29 information required by the rules of the department. The claim must
30 be signed by the claimant subject to the penalties as provided in
31 chapter 9A.72 RCW for false swearing. The first claim must include
32 proof of the claimant's age acceptable to the department.
33 (3) The following documentation must be filed with a claim along
34 with any other documentation required by the department:
35 (a) The deceased veteran's DD 214 report of separation, or its
36 equivalent, that must ((be under honorable conditions)) show
37 qualification as a veteran under RCW 41.04.007. If the deceased
38 veteran had an other than honorable characterization of service, the
39 following is also required: (i) Proof that the decedent was, at any
p. 45 HB 2014
1 point, eligible for or received federal department of veterans
2 affairs monetary benefits; or (ii) proof that the decedent's survivor
3 is eligible for or has received federal department of veterans
4 affairs monetary survivor benefits;
5 (b) A copy of the applicant's certificate of marriage to the
6 deceased;
7 (c) A copy of the deceased veteran's death certificate; and
8 (d) A letter from the United States veterans' administration
9 certifying that the death of the veteran meets the requirements of
10 RCW 84.39.010(2).
11 (4) The department of veterans affairs must assist an eligible
12 widow or widower in the preparation and submission of an application
13 and the procurement of necessary substantiating documentation.
14 (5) The department must determine if each claimant is eligible
15 each year. Any applicant aggrieved by the department's denial of
16 assistance may petition the state board of tax appeals to review the
17 denial and the board must consider any appeals to determine (a) if
18 the claimant is entitled to assistance and (b) the amount or portion
19 thereof.
--- END ---
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