Text of WA HB 2014 (2024)
Concerning the definition of veteran and restoring honor to veterans.
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As introduced
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AN ACT Relating to the definition of veteran and restoring honor
1
to veterans; amending RCW 41.04.005, 41.04.007, 2.48.070, 2.48.090,
2
9.46.070,
28A.230.120,
28B.15.012,
28B.15.621,
28B.102.020,
3
41.04.010, 41.06.133, 41.08.040, 41.12.040, 43.24.130, 43.60A.190,
4
43.70.270, 46.18.270, 46.18.280, 46.18.295, 46.20.027, 46.20.161,
5
72.36.030, 73.08.005, 73.16.120, 77.32.480, and 84.39.020; adding a
6
new section to chapter 73.04 RCW; adding a new section to chapter
7
43.60A RCW; creating a new section; and repealing RCW 2.48.100 and
8
73.04.042.
9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
10
NEW SECTION. Sec. 1. The legislature intends to align the
11
federal and state definition of "veteran," expanding state veterans'
12
benefits to any veteran who is already eligible for federal
13
department of veterans affairs monetary benefits. The legislature
14
further intends to create eligibility for state benefits for veterans
15
who were separated with less than honorable characterizations of
16
service due solely to sexual orientation, gender identity, or gender
17
expression or actions or statements related to sexual orientation,
18
gender identity, or gender expression, regardless of characterization
19
of service.
20
Z-0526.3
HOUSE BILL 2014
State of Washington
68th Legislature
2024 Regular Session
By Representatives Volz and Donaghy; by request of Attorney General
Prefiled 12/21/23.
p. 1
HB 2014
Sec. 2. RCW 41.04.005 and 2023 c 18 s 1 are each amended to read
1
as follows:
2
(1) As used in this section and RCW 41.16.220, 41.20.050, and
3
41.40.170, "veteran" includes every person, who at the time he or she
4
seeks the benefits of this section and RCW 41.16.220, 41.20.050, or
5
41.40.170 has received ((an honorable discharge, is actively serving
6
honorably, or received a discharge for physical reasons with an
7
honorable record)) a qualifying discharge as defined in section 4 of
8
this act and who meets at least one of the following criteria:
9
(a) The person has served between World War I and World War II or
10
during any period of war, as defined in subsection (2) of this
11
section, as either:
12
(i) A member in any branch of the armed forces of the United
13
States;
14
(ii) A member of the women's air forces service pilots;
15
(iii) A U.S. documented merchant mariner with service aboard an
16
oceangoing vessel operated by the war shipping administration, the
17
office of defense transportation, or their agents, from December 7,
18
1941, through December 31, 1946; or
19
(iv) A civil service crewmember with service aboard a U.S. army
20
transport service or U.S. naval transportation service vessel in
21
oceangoing service from December 7, 1941, through December 31, 1946;
22
or
23
(b) The person has received the armed forces expeditionary medal,
24
or marine corps and navy expeditionary medal, for opposed action on
25
foreign soil, for service:
26
(i) In any branch of the armed forces of the United States; or
27
(ii) As a member of the women's air forces service pilots.
28
(2) A "period of war" includes:
29
(a) World War I;
30
(b) World War II;
31
(c) The Korean conflict;
32
(d) The Vietnam era, which means:
33
(i) The period beginning on February 28, 1961, and ending on May
34
7, 1975, in the case of a veteran who served in the Republic of
35
Vietnam during that period;
36
(ii) The period beginning August 5, 1964, and ending on May 7,
37
1975;
38
(e) The Persian Gulf War, which was the period beginning August
39
2, 1990, and ending on February 28, 1991, or ending on November 30,
40
p. 2
HB 2014
1995, if the participant was awarded a campaign badge or medal for
1
such period;
2
(f) The period beginning on the date of any future declaration of
3
war by the congress and ending on the date prescribed by presidential
4
proclamation or concurrent resolution of the congress; and
5
(g) Any armed conflicts, if the participant was awarded the
6
respective campaign or expeditionary badge or medal, or if the
7
service was such that a campaign or expeditionary badge or medal
8
would have been awarded, except that the member already received a
9
campaign or expeditionary badge or medal for a prior deployment
10
during that same conflict.
11
Sec. 3. RCW 41.04.007 and 2017 c 97 s 1 are each amended to read
12
as follows:
13
"Veteran" includes every person who, at the time he or she seeks
14
the benefits of RCW 46.18.212, 46.18.235, 72.36.030, 41.04.010,
15
73.04.090, or 43.180.250, has received ((an honorable discharge,
16
received a discharge for medical reasons with an honorable record,
17
where applicable, or is in receipt of a United States department of
18
defense discharge document DD form 214, NGB form 22, or their
19
equivalent or successor discharge paperwork, that characterizes his
20
or her service as honorable)) a qualifying discharge as defined in
21
section 4 of this act, and who has served in at least one of the
22
following capacities:
23
(1) As a member in any branch of the armed forces of the United
24
States, including the national guard and armed forces reserves, and
25
has fulfilled his or her initial military service obligation;
26
(2) As a member of the women's air forces service pilots;
27
(3) As a member of the armed forces reserves, national guard, or
28
coast guard, and has been called into federal service by a
29
presidential select reserve call up for at least one hundred eighty
30
cumulative days;
31
(4) As a civil service crewmember with service aboard a U.S. army
32
transport service or U.S. naval transportation service vessel in
33
oceangoing service from December 7, 1941, through December 31, 1946;
34
(5) As a member of the Philippine armed forces/scouts during the
35
period of armed conflict from December 7, 1941, through August 15,
36
1945; or
37
(6) A United States documented merchant mariner with service
38
aboard an oceangoing vessel operated by the department of defense, or
39
p. 3
HB 2014
its agents, from both June 25, 1950, through July 27, 1953, in Korean
1
territorial waters and from August 5, 1964, through May 7, 1975, in
2
Vietnam territorial waters, and who received a military commendation.
3
NEW SECTION. Sec. 4. A new section is added to chapter 73.04
4
RCW to read as follows:
5
For
purposes
of
RCW
9.46.070,
28A.230.120,
28B.15.012,
6
28B.15.621, 28B.102.020, 41.04.005, 41.04.007, 41.04.010, 41.06.133,
7
41.08.040, 41.12.040, 43.24.130, 43.70.270, 46.18.270, 46.18.280,
8
46.20.161,
72.36.030,
73.08.005,
and
77.32.480,
"qualifying
9
discharge" means:
10
(1) A discharge with an honorable characterization of service;
11
(2) A discharge with a general under honorable conditions
12
characterization of service;
13
(3) A discharge with an other than honorable characterization of
14
service if the applicant provides a letter, administrative decision,
15
or other documentation from the United States department of veterans
16
affairs showing eligibility for or receipt of monetary benefits, such
17
as disability compensation or nonservice-connected pension; or
18
(4) Any characterization of service if the reason for discharge
19
was listed as due to: (a) A person's sexual orientation, gender
20
identity, or gender expression; (b) statements, consensual sexual
21
conduct, or consensual acts relating to sexual orientation, gender
22
identity, or gender expression; or (c) the disclosure of statements,
23
conduct, or acts relating to sexual orientation, gender identity, or
24
gender expression to military officials.
25
NEW SECTION. Sec. 5. A new section is added to chapter 43.60A
26
RCW to read as follows:
27
The department shall develop and implement an outreach program to
28
ensure that veterans as defined in RCW 41.04.005 and 41.04.007 are
29
aware of state veterans' benefits and programs. Outreach information
30
shall explain, in an easy to understand format, changes in the law
31
made by chapter . . ., Laws of 2024 (this act), unchanged eligibility
32
requirements for current benefits, and how to find more information
33
about benefits from the department and other state agencies. The
34
outreach program must begin on the effective date of this section.
35
Sec. 6. RCW 2.48.070 and 1945 c 181 s 1 are each amended to read
36
as follows:
37
p. 4
HB 2014
Any person who shall have graduated from any accredited law
1
school and after such graduation shall have served in the armed
2
forces of the United States of America between December 7, 1941, and
3
the termination of the present World War, may be admitted to the
4
practice of law in the state of Washington and to membership in the
5
Washington State Bar Association, upon motion made before the supreme
6
court of the state of Washington, provided the following is made to
7
appear:
8
(1) That the applicant is a person of good moral character over
9
the age of twenty-one years;
10
(2) That the applicant, at the time of entering the armed forces
11
of the United States, was a legal resident of the state of
12
Washington;
13
(3) That the applicant's service in the armed forces of the
14
United
States
is
or
was
satisfactory
((and
honorable)).
An
15
applicant's service is satisfactory if he or she meets the definition
16
of "veteran" under RCW 41.04.007.
17
Sec. 7. RCW 2.48.090 and 2011 c 336 s 64 are each amended to
18
read as follows:
19
If an applicant under RCW 2.48.070 through 2.48.110 is, at the
20
time he or she applies for admission to practice law in the state of
21
Washington, no longer in the armed forces of the United States, he or
22
she may establish the requirements of the proviso in RCW 2.48.070 as
23
follows:
24
(1) If he or she shall have been an enlisted person, by producing
25
((an honorable discharge)) documentation he or she is a veteran as
26
defined by RCW 41.04.007, and by the certificates of at least two
27
active members of the Washington state bar association.
28
(2) If he or she shall have been an officer, by an affidavit
29
showing that he or she ((has been relieved from active duty under
30
circumstances other than dishonorable)) is a veteran as defined in
31
RCW 41.04.007, and by the certificates of at least two active members
32
of the Washington state bar association.
33
NEW SECTION. Sec. 8. RCW 2.48.100 (Admission of veterans—Effect
34
of disability discharge) and 1945 c 181 s 4 are each repealed.
35
Sec. 9. RCW 9.46.070 and 2020 c 127 s 3 are each amended to read
36
as follows:
37
p. 5
HB 2014
The commission shall have the following powers and duties:
1
(1) To authorize and issue licenses for a period not to exceed
2
one year to bona fide charitable or nonprofit organizations approved
3
by the commission meeting the requirements of this chapter and any
4
rules and regulations adopted pursuant thereto permitting said
5
organizations to conduct bingo games, raffles, amusement games, and
6
social card games, to utilize punchboards and pull-tabs in accordance
7
with the provisions of this chapter and any rules and regulations
8
adopted pursuant thereto and to revoke or suspend said licenses for
9
violation of any provisions of this chapter or any rules and
10
regulations adopted pursuant thereto: PROVIDED, That the commission
11
shall not deny a license to an otherwise qualified applicant in an
12
effort to limit the number of licenses to be issued: PROVIDED
13
FURTHER, That the commission or director shall not issue, deny,
14
suspend, or revoke any license because of considerations of race,
15
sex, creed, color, or national origin: AND PROVIDED FURTHER, That the
16
commission may authorize the director to temporarily issue or suspend
17
licenses subject to final action by the commission;
18
(2) To authorize and issue licenses for a period not to exceed
19
one year to any person, association, or organization operating a
20
business primarily engaged in the selling of items of food or drink
21
for consumption on the premises, approved by the commission meeting
22
the requirements of this chapter and any rules and regulations
23
adopted pursuant thereto permitting said person, association, or
24
organization to utilize punchboards and pull-tabs and to conduct
25
social card games as a commercial stimulant in accordance with the
26
provisions of this chapter and any rules and regulations adopted
27
pursuant thereto and to revoke or suspend said licenses for violation
28
of any provisions of this chapter and any rules and regulations
29
adopted pursuant thereto: PROVIDED, That the commission shall not
30
deny a license to an otherwise qualified applicant in an effort to
31
limit the number of licenses to be issued: PROVIDED FURTHER, That the
32
commission may authorize the director to temporarily issue or suspend
33
licenses subject to final action by the commission;
34
(3) To authorize and issue licenses for a period not to exceed
35
one year to any person, association, or organization approved by the
36
commission meeting the requirements of this chapter and meeting the
37
requirements of any rules and regulations adopted by the commission
38
pursuant to this chapter as now or hereafter amended, permitting said
39
person, association, or organization to conduct or operate amusement
40
p. 6
HB 2014
games in such manner and at such locations as the commission may
1
determine. The commission may authorize the director to temporarily
2
issue or suspend licenses subject to final action by the commission;
3
(4) To authorize, require, and issue, for a period not to exceed
4
one year, such licenses as the commission may by rule provide, to any
5
person, association, or organization to engage in the manufacturing,
6
selling, distributing, or otherwise supplying of devices, equipment,
7
software, hardware, or any gambling-related services for use within
8
this state for those activities authorized by this chapter. The
9
commission may authorize the director to temporarily issue or suspend
10
licenses subject to final action by the commission;
11
(5) To establish a schedule of annual license fees for carrying
12
on specific gambling activities upon the premises, and for such other
13
activities as may be licensed by the commission, which fees shall
14
provide to the commission not less than an amount of money adequate
15
to cover all costs incurred by the commission relative to licensing
16
under this chapter and the enforcement by the commission of the
17
provisions of this chapter and rules and regulations adopted pursuant
18
thereto: PROVIDED, That all licensing fees shall be submitted with an
19
application therefor and such portion of said fee as the commission
20
may determine, based upon its cost of processing and investigation,
21
shall be retained by the commission upon the withdrawal or denial of
22
any such license application as its reasonable expense for processing
23
the application and investigation into the granting thereof: PROVIDED
24
FURTHER, That if in a particular case the basic license fee
25
established by the commission for a particular class of license is
26
less than the commission's actual expenses to investigate that
27
particular application, the commission may at any time charge to that
28
applicant such additional fees as are necessary to pay the commission
29
for those costs. The commission may decline to proceed with its
30
investigation and no license shall be issued until the commission has
31
been fully paid therefor by the applicant: AND PROVIDED FURTHER, That
32
the commission may establish fees for the furnishing by it to
33
licensees of identification stamps to be affixed to such devices and
34
equipment as required by the commission and for such other special
35
services or programs required or offered by the commission, the
36
amount of each of these fees to be not less than is adequate to
37
offset the cost to the commission of the stamps and of administering
38
their dispersal to licensees or the cost of administering such other
39
special services, requirements or programs;
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p. 7
HB 2014
(6) To prescribe the manner and method of payment of taxes, fees
1
and penalties to be paid to or collected by the commission;
2
(7) To require that applications for all licenses contain such
3
information as may be required by the commission: PROVIDED, That all
4
persons (a) having a managerial or ownership interest in any gambling
5
activity, or the building in which any gambling activity occurs, or
6
the equipment to be used for any gambling activity, (b) participating
7
as an employee in the operation of any gambling activity, or (c)
8
participating as an employee in the operation, management, or
9
providing of gambling-related services for sports wagering, shall be
10
listed on the application for the license and the applicant shall
11
certify on the application, under oath, that the persons named on the
12
application are all of the persons known to have an interest in any
13
gambling activity, building, or equipment by the person making such
14
application: PROVIDED FURTHER, That the commission shall require
15
fingerprinting and national criminal history background checks on any
16
persons seeking licenses, certifications, or permits under this
17
chapter or of any person holding an interest in any gambling
18
activity, building, or equipment to be used therefor, or of any
19
person participating as an employee in the operation of any gambling
20
activity. All national criminal history background checks shall be
21
conducted
using
fingerprints
submitted
to
the
United
States
22
department of justice-federal bureau of investigation. The commission
23
must establish rules to delineate which persons named on the
24
application are subject to national criminal history background
25
checks. In identifying these persons, the commission must take into
26
consideration the nature, character, size, and scope of the gambling
27
activities requested by the persons making such applications;
28
(8) To require that any license holder maintain records as
29
directed by the commission and submit such reports as the commission
30
may deem necessary;
31
(9) To require that all income from bingo games, raffles, and
32
amusement games be recorded and reported as established by rule or
33
regulation of the commission to the extent deemed necessary by
34
considering the scope and character of the gambling activity in such
35
a manner that will disclose gross income from any gambling activity,
36
amounts received from each player, the nature and value of prizes,
37
and the fact of distributions of such prizes to the winners thereof;
38
(10) To regulate and establish maximum limitations on income
39
derived from bingo. In establishing limitations pursuant to this
40
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HB 2014
subsection the commission shall take into account (a) the nature,
1
character, and scope of the activities of the licensee; (b) the
2
source of all other income of the licensee; and (c) the percentage or
3
extent to which income derived from bingo is used for charitable, as
4
distinguished from nonprofit, purposes. However, the commission's
5
powers and duties granted by this subsection are discretionary and
6
not mandatory;
7
(11) To regulate and establish the type and scope of and manner
8
of conducting the gambling activities authorized by this chapter,
9
including but not limited to, the extent of wager, money, or other
10
thing of value which may be wagered or contributed or won by a player
11
in any such activities;
12
(12) To regulate the collection of and the accounting for the fee
13
which may be imposed by an organization, corporation, or person
14
licensed to conduct a social card game on a person desiring to become
15
a player in a social card game in accordance with RCW 9.46.0282;
16
(13) To cooperate with and secure the cooperation of county,
17
city, and other local or state agencies in investigating any matter
18
within the scope of its duties and responsibilities;
19
(14) In accordance with RCW 9.46.080, to adopt such rules and
20
regulations as are deemed necessary to carry out the purposes and
21
provisions of this chapter. All rules and regulations shall be
22
adopted pursuant to the administrative procedure act, chapter 34.05
23
RCW;
24
(15) To set forth for the perusal of counties, city-counties,
25
cities and towns, model ordinances by which any legislative authority
26
thereof may enter into the taxing of any gambling activity authorized
27
by this chapter;
28
(16)(a) To establish and regulate a maximum limit on salaries or
29
wages which may be paid to persons employed in connection with
30
activities
conducted
by
bona
fide
charitable
or
nonprofit
31
organizations and authorized by this chapter, where payment of such
32
persons is allowed, and to regulate and establish maximum limits for
33
other expenses in connection with such authorized activities,
34
including but not limited to rent or lease payments. However, the
35
commissioner's powers and duties granted by this subsection are
36
discretionary and not mandatory.
37
(b) In establishing these maximum limits the commission shall
38
take into account the amount of income received, or expected to be
39
received, from the class of activities to which the limits will apply
40
p. 9
HB 2014
and the amount of money the games could generate for authorized
1
charitable or nonprofit purposes absent such expenses. The commission
2
may also take into account, in its discretion, other factors,
3
including but not limited to, the local prevailing wage scale and
4
whether charitable purposes are benefited by the activities;
5
(17) To authorize, require, and issue for a period not to exceed
6
one year such licenses or permits, for which the commission may by
7
rule provide, to any person to work for any operator of any gambling
8
activity authorized by this chapter in connection with that activity,
9
or any manufacturer, supplier, or distributor of devices for those
10
activities in connection with such business. The commission may
11
authorize the director to temporarily issue or suspend licenses
12
subject to final action by the commission. The commission shall not
13
require that persons working solely as volunteers in an authorized
14
activity conducted by a bona fide charitable or bona fide nonprofit
15
organization, who receive no compensation of any kind for any purpose
16
from that organization, and who have no managerial or supervisory
17
responsibility in connection with that activity, be licensed to do
18
such work. The commission may require that licensees employing such
19
unlicensed volunteers submit to the commission periodically a list of
20
the names, addresses, and dates of birth of the volunteers. If any
21
volunteer is not approved by the commission, the commission may
22
require that the licensee not allow that person to work in connection
23
with the licensed activity;
24
(18) To publish and make available at the office of the
25
commission or elsewhere to anyone requesting it a list of the
26
commission licensees, including the name, address, type of license,
27
and license number of each licensee;
28
(19) To establish guidelines for determining what constitutes
29
active membership in bona fide nonprofit or charitable organizations
30
for the purposes of this chapter;
31
(20) To renew the license of every person who applies for renewal
32
within six months after being ((honorably)) discharged, removed, or
33
released from active military service in the armed forces of the
34
United States with a qualifying discharge as defined in section 4 of
35
this act, upon payment of the renewal fee applicable to the license
36
period, if there is no cause for denial, suspension, or revocation of
37
the license;
38
(21) To authorize, require, and issue, for a period not to exceed
39
one year, such licenses as the commission may by rule provide, to any
40
p. 10
HB 2014
person, association, or organization that engages in any sports
1
wagering-related services for use within this state for sports
2
wagering activities authorized by this chapter. The commission may
3
authorize the director to temporarily issue or suspend licenses
4
subject to final action by the commission;
5
(22) To issue licenses under subsections (1) through (4) of this
6
section that are valid for a period of up to eighteen months, if it
7
chooses to do so, in order to transition to the use of the business
8
licensing services program through the department of revenue; and
9
(23) To perform all other matters and things necessary to carry
10
out the purposes and provisions of this chapter.
11
Sec. 10. RCW 28A.230.120 and 2022 c 224 s 2 are each amended to
12
read as follows:
13
(1) School districts shall issue diplomas to students signifying
14
graduation
from
high
school
upon
the
students'
satisfactory
15
completion of all local and state graduation requirements. Districts
16
shall grant students the option of receiving a final transcript in
17
addition to the regular diploma.
18
(2) School districts or schools of attendance shall establish
19
policies and procedures to notify senior students of the transcript
20
option and shall direct students to indicate their decisions in a
21
timely manner. School districts shall make appropriate provisions to
22
assure that students who choose to receive a copy of their final
23
transcript shall receive such transcript after graduation.
24
(3)(a) A school district may issue a high school diploma to a
25
person who:
26
(i) Is ((an honorably discharged member)) a veteran of the armed
27
forces of the United States with a qualifying discharge as defined in
28
section 4 of this act; and
29
(ii) Left high school before graduation to serve in World War II,
30
the Korean conflict, or the Vietnam era as defined in RCW 41.04.005.
31
(b) A school district may issue a diploma to or on behalf of a
32
person
otherwise
eligible
under
(a)
of
this
subsection
33
notwithstanding the fact that the person holds a high school
34
equivalency certification or is deceased.
35
(c) The superintendent of public instruction shall adopt a form
36
for a diploma application to be used by a veteran or a person acting
37
on behalf of a deceased veteran under this subsection (3). The
38
p. 11
HB 2014
superintendent of public instruction shall specify what constitutes
1
acceptable evidence of eligibility for a diploma.
2
(4)(a) A school district, at the request of the parent, guardian,
3
or custodian, may issue a posthumous high school diploma for a
4
deceased student if the student:
5
(i) Was enrolled in a public school of the district at the time
6
of death;
7
(ii) Was deemed on-track for graduation before the time of death;
8
and
9
(iii) Died after matriculating into high school.
10
(b) A high school diploma issued under this subsection (4) must
11
bear the inscription "honoris causa" and may not be issued before the
12
graduation date of the class in which the student was enrolled.
13
(c) Nothing in this subsection (4):
14
(i) Obligates school districts to award a diploma for a deceased
15
student at the same ceremony or event as other graduating students;
16
or
17
(ii) Limits the retroactive issuance of a high school diploma.
18
(d) Diplomas issued under this subsection (4) may not be applied
19
toward student graduation counts or for any other purpose of federal
20
and state accountability data collection.
21
Sec. 11. RCW 28B.15.012 and 2022 c 249 s 1 are each amended to
22
read as follows:
23
Whenever used in this chapter:
24
(1) The term "institution" shall mean a public university,
25
college, or community or technical college within the state of
26
Washington.
27
(2) The term "resident student" shall mean:
28
(a) A financially independent student who has had a domicile in
29
the state of Washington for the period of one year immediately prior
30
to the time of commencement of the first day of the semester or
31
quarter for which the student has registered at any institution and
32
has in fact established a bona fide domicile in this state primarily
33
for purposes other than educational;
34
(b) A dependent student, if one or both of the student's parents
35
or legal guardians have maintained a bona fide domicile in the state
36
of Washington for at least one year immediately prior to commencement
37
of the semester or quarter for which the student has registered at
38
any institution;
39
p. 12
HB 2014
(c) A student classified as a resident based upon domicile by an
1
institution on or before May 31, 1982, who was enrolled at a state
2
institution during any term of the 1982-1983 academic year, so long
3
as such student's enrollment (excepting summer sessions) at an
4
institution in this state is continuous;
5
(d) Any student who has spent at least seventy-five percent of
6
both his or her junior and senior years in high schools in this
7
state, whose parents or legal guardians have been domiciled in the
8
state for a period of at least one year within the five-year period
9
before the student graduates from high school, and who enrolls in a
10
public institution of higher education within six months of leaving
11
high school, for as long as the student remains continuously enrolled
12
for three quarters or two semesters in any calendar year;
13
(e) Any person who has completed and obtained a high school
14
diploma, or a person who has received the equivalent of a diploma;
15
who has continuously lived in the state of Washington for at least a
16
year primarily for purposes other than postsecondary education before
17
the individual is admitted to an institution of higher education
18
under subsection (1) of this section; and who provides to the
19
institution an affidavit indicating that the individual will file an
20
application
to
become
a
permanent
resident
at
the
earliest
21
opportunity the individual is eligible to do so and a willingness to
22
engage in any other activities necessary to acquire citizenship,
23
including but not limited to citizenship or civics review courses;
24
(f) Any person who has lived in Washington, primarily for
25
purposes other than postsecondary education, for at least one year
26
immediately before the date on which the person has enrolled in an
27
institution, and who holds lawful nonimmigrant status pursuant to 8
28
U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L), or who holds lawful
29
nonimmigrant status as the spouse or child of a person having
30
nonimmigrant status under one of those subsections, or who, holding
31
or having previously held such lawful nonimmigrant status as a
32
principal or derivative, has filed an application for adjustment of
33
status pursuant to 8 U.S.C. Sec. 1255(a);
34
(g) A student who is on active military duty stationed in the
35
state or who is a member of the Washington national guard;
36
(h) A student who is on active military duty or a member of the
37
Washington national guard who meets the following conditions:
38
(i) Entered service as a Washington resident;
39
(ii) Has maintained a Washington domicile; and
40
p. 13
HB 2014
(iii) Is stationed out-of-state;
1
(i) A student who is on active military duty who is stationed
2
out-of-state after having been stationed in Washington and is either:
3
(i) Admitted to an institution of higher education in Washington
4
before the reassignment and enrolls in that institution for the term
5
the student was admitted;
6
(ii) Enrolled in an institution of higher education in Washington
7
and remains continuously enrolled at the institution; or
8
(iii) Enrolls in an institution of higher education in Washington
9
within three years from the date of reassignment out-of-state;
10
(j) A student who is the spouse, state registered domestic
11
partner, or a dependent as defined in Title 10 U.S.C. Sec. 1072(2) as
12
it existed on January 18, 2022, or such subsequent date as the
13
student achievement council may determine by rule of a person defined
14
in (g) or (h) of this subsection. If the person defined in (g) of
15
this subsection is reassigned out-of-state, the student maintains the
16
status as a resident student so long as the student is either:
17
(i) Admitted to an institution before the reassignment and
18
enrolls in that institution for the term the student was admitted;
19
(ii) Enrolled in an institution and remains continuously enrolled
20
at the institution; or
21
(iii)
Enrolled
in
an
institution
of
higher
education
in
22
Washington within three years from the date of reassignment out-of-
23
state;
24
(k) A student who is eligible for veterans administration
25
educational assistance or rehabilitation benefits under Title 38
26
U.S.C. or educational assistance under Title 10 U.S.C. chapter 1606
27
as the titles existed on January 18, 2022, or such subsequent date as
28
the student achievement council may determine by rule;
29
(l) A student who has separated or retired from the uniformed
30
services with at least 10 years of ((honorable)) service and at least
31
90 days of active duty service, with a qualifying discharge as
32
defined in section 4 of this act, and who enters an institution of
33
higher education in Washington within three years of the date of
34
separation or retirement;
35
(m) A student who is the spouse, state registered domestic
36
partner, or child under the age of 26 years of an individual who has
37
separated or retired from the uniformed services with at least 10
38
years of ((honorable)) service and at least 90 days of active duty
39
service, with a qualifying discharge as defined in section 4 of this
40
p. 14
HB 2014
act, and who enters an institution of higher education in Washington
1
within three years of the service member's date of separation or
2
retirement;
3
(n) A student who has separated from the uniformed services who
4
was discharged ((due to the student's sexual orientation or gender
5
identity or expression)) for a reason described in section 4(4) of
6
this act;
7
(o) A student who is defined as a covered individual in 38 U.S.C.
8
Sec. 3679(c)(2) as it existed on January 18, 2022, or such subsequent
9
date as the student achievement council may determine by rule;
10
(p) A student of an out-of-state institution of higher education
11
who is attending a Washington state institution of higher education
12
pursuant to a home tuition agreement as described in RCW 28B.15.725;
13
(q) A student who meets the requirements of RCW 28B.15.0131 or
14
28B.15.0139: PROVIDED, That a nonresident student enrolled for more
15
than six hours per semester or quarter shall be considered as
16
attending for primarily educational purposes, and for tuition and fee
17
paying purposes only such period of enrollment shall not be counted
18
toward the establishment of a bona fide domicile of one year in this
19
state unless such student proves that the student has in fact
20
established a bona fide domicile in this state primarily for purposes
21
other than educational;
22
(r) A student who resides in Washington and is on active military
23
duty stationed in the Oregon counties of Columbia, Gilliam, Hood
24
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla,
25
Union, Wallowa, Wasco, or Washington; or
26
(s) A student who resides in Washington and is the spouse or a
27
dependent of a person defined in (r) of this subsection. If the
28
person defined in (r) of this subsection moves from Washington or is
29
reassigned out of the Oregon counties of Columbia, Gilliam, Hood
30
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla,
31
Union, Wallowa, Wasco, or Washington, the student maintains the
32
status as a resident student so long as the student resides in
33
Washington and is either:
34
(i) Admitted to an institution before the reassignment and
35
enrolls in that institution for the term the student was admitted; or
36
(ii) Enrolled in an institution and remains continuously enrolled
37
at the institution.
38
(3)(a) A student who qualifies under subsection (2)(k), (l), (m),
39
(n), or (o) of this section and who remains continuously enrolled at
40
p. 15
HB 2014
an institution of higher education shall retain resident student
1
status.
2
(b) Nothing in subsection (2)(k), (l), (m), (((n),)) or (o) of
3
this section applies to students who have a bad conduct discharge,
4
officer dismissal, or dishonorable discharge from the uniformed
5
services, or to students who are the spouse or child of an individual
6
who has ((had)) a bad conduct discharge, officer dismissal, or
7
dishonorable discharge from the uniformed services, unless the
8
student is receiving veterans administration educational assistance
9
benefits.
10
(4) The term "nonresident student" shall mean any student who
11
does not qualify as a "resident student" under the provisions of this
12
section and RCW 28B.15.013. Except for students qualifying under
13
subsection (2)(e) or (p) of this section, a nonresident student shall
14
include:
15
(a) A student attending an institution with the aid of financial
16
assistance provided by another state or governmental unit or agency
17
thereof, such nonresidency continuing for one year after the
18
completion of such semester or quarter. This condition shall not
19
apply to students from Columbia, Multnomah, Clatsop, Clackamas, or
20
Washington county, Oregon participating in the border county pilot
21
project under RCW 28B.76.685, 28B.76.690, and 28B.15.0139.
22
(b) A person who is not a citizen of the United States of
23
America, unless the person meets and complies with all applicable
24
requirements in this section and RCW 28B.15.013 and is one of the
25
following:
26
(i) A lawful permanent resident;
27
(ii) A temporary resident;
28
(iii)
A
person
who
holds
"refugee-parolee,"
"conditional
29
entrant," or U or T nonimmigrant status with the United States
30
citizenship and immigration services;
31
(iv) A person who has been issued an employment authorization
32
document by the United States citizenship and immigration services
33
that is valid as of the date the person's residency status is
34
determined;
35
(v) A person who has been granted deferred action for childhood
36
arrival status before, on, or after June 7, 2018, regardless of
37
whether the person is no longer or will no longer be granted deferred
38
action
for
childhood
arrival
status
due
to
the
termination,
39
p. 16
HB 2014
suspension, or modification of the deferred action for childhood
1
arrival program; or
2
(vi) A person who is otherwise permanently residing in the United
3
States under color of law, including deferred action status.
4
(5) The term "domicile" shall denote a person's true, fixed and
5
permanent home and place of habitation. It is the place where the
6
student intends to remain, and to which the student expects to return
7
when the student leaves without intending to establish a new domicile
8
elsewhere. The burden of proof that a student, parent or guardian has
9
established a domicile in the state of Washington primarily for
10
purposes other than educational lies with the student.
11
(6) The term "dependent" shall mean a person who is not
12
financially independent. Factors to be considered in determining
13
whether a person is financially independent shall be set forth in
14
rules adopted by the student achievement council and shall include,
15
but not be limited to, the state and federal income tax returns of
16
the person and/or the student's parents or legal guardian filed for
17
the calendar year prior to the year in which application is made and
18
such other evidence as the council may require.
19
(7) The term "active military duty" means the person is serving
20
on active duty in:
21
(a) The armed forces of the United States government; or
22
(b) The Washington national guard; or
23
(c) The coast guard, merchant mariners, or other nonmilitary
24
organization when such service is recognized by the United States
25
government as equivalent to service in the armed forces.
26
(8) The term "active duty service" means full-time duty, other
27
than active duty for training, as a member of the uniformed services
28
of the United States. Active duty service as a national guard member
29
under Title 32 U.S.C. for the purpose of organizing, administering,
30
recruiting, instructing, or training and active service under Title
31
32 U.S.C. Sec. 502(f) for the purpose of responding to a national
32
emergency is recognized as active duty service.
33
(9) The term "uniformed services" is defined by Title 10 U.S.C.;
34
subsequently structured and organized by Titles 14, 33, and 42
35
U.S.C.; consisting of the United States army, United States marine
36
corps, United States navy, United States air force, United States
37
coast guard, United States space force, United States public health
38
service commissioned corps, and the national oceanic and atmospheric
39
administration commissioned officer corps.
40
p. 17
HB 2014
(10) "Washington national guard" means that part of the military
1
force of the state that is organized, equipped, and federally
2
recognized under the provisions of the national defense act of the
3
United States, and in the event the national guard is called into
4
federal service or in the event the state guard or any part or
5
individual member thereof is called into active state service by the
6
commander-in-chief. National guard service includes being subject to
7
call up for active duty under Title 32 U.S.C. or Title 10 U.S.C.
8
status or when called to state active service by the governor under
9
the provisions of RCW 38.08.040.
10
(11) "Child" includes, but is not limited to:
11
(a) A legitimate child;
12
(b) An adopted child;
13
(c) A stepchild;
14
(d) A foster child; and
15
(e) A legal dependent.
16
Sec. 12. RCW 28B.15.621 and 2022 c 45 s 1 are each amended to
17
read as follows:
18
(1) The legislature finds that active military and naval
19
veterans, reserve military and naval veterans, and national guard
20
members called to active duty have served their country and have
21
risked their lives to defend the lives of all Americans and the
22
freedoms that define and distinguish our nation. The legislature
23
intends to honor active military and naval veterans, reserve military
24
and naval veterans, and national guard members who have served on
25
active military or naval duty for the public service they have
26
provided to this country.
27
(2) Subject to the limitations in RCW 28B.15.910, the governing
28
boards of the state universities, the regional universities, The
29
Evergreen State College, and the community and technical colleges,
30
may waive all or a portion of tuition and fees for an eligible
31
veteran or national guard member.
32
(3) The governing boards of the state universities, the regional
33
universities, The Evergreen State College, and the community and
34
technical colleges, may waive all or a portion of tuition and fees
35
for a military or naval veteran who is a Washington domiciliary, but
36
who did not serve on foreign soil or in international waters or in
37
another location in support of those serving on foreign soil or in
38
international waters and who does not qualify as an eligible veteran
39
p. 18
HB 2014
or national guard member under subsection (8) of this section.
1
However, there shall be no state general fund support for waivers
2
granted under this subsection.
3
(4) Subject to the conditions in subsection (5) of this section
4
and the limitations in RCW 28B.15.910, the governing boards of the
5
state universities, the regional universities, The Evergreen State
6
College, and the community and technical colleges, shall waive all
7
tuition and fees for the following persons:
8
(a) A child and the spouse or the domestic partner or surviving
9
spouse or surviving domestic partner of an eligible veteran or
10
national guard member who became totally disabled as a result of
11
serving in active federal military or naval service, or who is
12
determined by the federal government to be a prisoner of war or
13
missing in action; and
14
(b) A child and the surviving spouse or surviving domestic
15
partner of an eligible veteran or national guard member who lost his
16
or her life as a result of serving in active federal military or
17
naval service.
18
(5) The conditions in this subsection (5) apply to waivers under
19
subsection (4) of this section.
20
(a) A child must be a Washington domiciliary between the age of
21
seventeen and twenty-six to be eligible for the tuition waiver. A
22
child's marital status does not affect eligibility.
23
(b)(i) A surviving spouse or surviving domestic partner must be a
24
Washington domiciliary.
25
(ii)(A) A surviving spouse or surviving domestic partner of the
26
eligible veteran or national guard member has ten years to receive
27
benefits under the waiver from whichever date occurs last:
28
(I) The date of the death;
29
(II) The date of total disability;
30
(III) Federal determination of service-connected death or total
31
disability; or
32
(IV) Federal determination of prisoner of war or missing in
33
action status.
34
(B) Upon remarriage or registration in a subsequent domestic
35
partnership, the surviving spouse or surviving domestic partner is
36
ineligible for the waiver of all tuition and fees.
37
(c) Each recipient's continued participation is subject to the
38
school's satisfactory progress policy.
39
p. 19
HB 2014
(d) Tuition waivers for graduate students are not required for
1
those who qualify under subsection (4) of this section but are
2
encouraged.
3
(e) Recipients who receive a waiver under subsection (4) of this
4
section may attend full-time or part-time. Total credits earned using
5
the waiver may not exceed two hundred fifty quarter credits, or the
6
equivalent of semester credits.
7
(f) Subject to amounts appropriated, recipients who receive a
8
waiver under subsection (4) of this section shall also receive a
9
stipend for textbooks and course materials in the amount of five
10
hundred dollars per academic year, to be divided equally among
11
academic terms and prorated for part-time enrollment.
12
(6) Required waivers of all tuition and fees under subsection (4)
13
of this section shall not affect permissive waivers of tuition and
14
fees under subsection (3) of this section.
15
(7) Private vocational schools and private higher education
16
institutions are encouraged to provide waivers consistent with the
17
terms in subsections (2) through (5) of this section.
18
(8) The definitions in this subsection apply throughout this
19
section.
20
(a)
"Child"
means
a
biological
child,
adopted
child,
or
21
stepchild.
22
(b)
"Eligible
veteran
or
national
guard
member"
means
a
23
Washington domiciliary who was an active or reserve member of the
24
United States military or naval forces, or a national guard member
25
called to active duty, who served in active federal service, under
26
either Title 10 or Title 32 of the United States Code, in a war or
27
conflict fought on foreign soil or in international waters or in
28
support of those serving on foreign soil or in international waters,
29
and if discharged from service, has ((received an honorable discharge
30
or any other discharge if the sole reason for discharge is due to
31
gender or sexuality)) a qualifying discharge as defined in section 4
32
of this act.
33
(c) "Totally disabled" means a person who has been determined to
34
be one hundred percent disabled by the federal department of veterans
35
affairs.
36
(d) "Washington domiciliary" means a person whose true, fixed,
37
and permanent house and place of habitation is the state of
38
Washington. "Washington domiciliary" includes a person who is
39
residing in rental housing or residing in base housing. In
40
p. 20
HB 2014
ascertaining whether a child or surviving spouse or surviving
1
domestic partner is domiciled in the state of Washington, public
2
institutions of higher education shall, to the fullest extent
3
possible, rely upon the standards provided in RCW 28B.15.013.
4
(9) As used in subsection (4) of this section, "fees" includes
5
all assessments for costs incurred as a condition to a student's full
6
participation in coursework and related activities at an institution
7
of higher education.
8
(10) The governing boards of the state universities, the regional
9
universities, The Evergreen State College, and the community and
10
technical colleges shall report to the higher education committees of
11
the legislature by November 15, 2010, and every two years thereafter,
12
regarding
the
status
of
implementation
of
the
waivers
under
13
subsection (4) of this section. The reports shall include the
14
following data and information:
15
(a) Total number of waivers;
16
(b) Total amount of tuition waived;
17
(c) Total amount of fees waived;
18
(d) Average amount of tuition and fees waived per recipient;
19
(e) Recipient demographic data that is disaggregated by distinct
20
ethnic categories within racial subgroups; and
21
(f) Recipient income level, to the extent possible.
22
Sec. 13. RCW 28B.102.020 and 2019 c 295 s 211 are each amended
23
to read as follows:
24
Unless the context clearly requires otherwise, the definitions in
25
this section apply throughout this chapter.
26
(1) "Approved education program" means an education program in a
27
common school as defined in RCW 28A.150.020.
28
(2) "Certificate" or "certificated" does not include a limited or
29
conditioned certificate.
30
(3)
"Certificated
employee"
has
the
definition
in
RCW
31
28A.150.203. "Certificated employee" does not include a paraeducator.
32
(4) "Conditional scholarship" means a loan that is forgiven in
33
whole or in part in exchange for service as a certificated employee
34
in an approved education program.
35
(5)
"Eligible
veteran
or
national
guard
member"
means
a
36
Washington domiciliary who was an active or reserve member of the
37
United States military or naval forces, or a national guard member
38
called to active duty, who served in active federal service, under
39
p. 21
HB 2014
either Title 10 or Title 32 of the United States Code, in a war or
1
conflict fought on foreign soil or in international waters or in
2
another location in support of those serving on foreign soil or in
3
international waters, and if discharged from service, has ((received
4
an honorable discharge)) a qualifying discharge as defined in section
5
4 of this act.
6
(6) "Forgiven" or "to forgive" or "forgiveness" means that all or
7
part of a loan is canceled in exchange for service as a certificated
8
employee in an approved education program.
9
(7) "Institution of higher education" or "institution" means a
10
college or university in the state of Washington that is accredited
11
by an accrediting association recognized as such by rule of the
12
student achievement council.
13
(8) "Loan repayment" means a federal student loan that is repaid
14
in whole or in part if the borrower serves as a certificated employee
15
in an approved education program.
16
(9) "Office" means the office of student financial assistance.
17
(10) "Participant" means a person who has received a conditional
18
scholarship or loan repayment under this chapter.
19
(11) "Public school" has the same meaning as in RCW 28A.150.010.
20
(12) "Shortage area" means an endorsement or geographic area as
21
defined by the Washington professional educator standards board, in
22
consultation with the office of the superintendent of public
23
instruction, with a shortage of certificated employees. "Shortage
24
area" must be defined biennially using quantitative and qualitative
25
measures.
26
Sec. 14. RCW 41.04.010 and 2017 c 97 s 2 are each amended to
27
read as follows:
28
In all competitive examinations, unless otherwise provided in
29
this section, to determine the qualifications of applicants for
30
public offices, positions, or employment, either the state, and all
31
of its political subdivisions and all municipal corporations, or
32
private companies or agencies contracted with by the state to give
33
the competitive examinations shall give a scoring criteria status to
34
all veterans as defined in RCW 41.04.007, by adding to the passing
35
mark, grade or rating only, based upon a possible rating of one
36
hundred points as perfect a percentage in accordance with the
37
following:
38
p. 22
HB 2014
(1) Ten percent to a veteran who served during a period of war or
1
in an armed conflict as defined in RCW 41.04.005 and does not receive
2
military retirement. The percentage shall be added to the passing
3
mark, grade, or rating of competitive examinations until the
4
veteran's first appointment. The percentage shall not be utilized in
5
promotional examinations;
6
(2) Five percent to a veteran who did not serve during a period
7
of war or in an armed conflict as defined in RCW 41.04.005 or is
8
receiving military retirement. The percentage shall be added to the
9
passing mark, grade, or rating of competitive examinations until the
10
veteran's first appointment. The percentage shall not be utilized in
11
promotional examinations;
12
(3) Five percent to a veteran who was called to active military
13
service from employment with the state or any of its political
14
subdivisions or municipal corporations. The percentage shall be added
15
to promotional examinations until the first promotion only;
16
(4) All veterans' scoring criteria may be claimed:
17
(a) Upon release from active military service with ((an honorable
18
discharge or a discharge for medical reasons with an honorable
19
record, where applicable)) a qualifying discharge as defined in
20
section 4 of this act; or
21
(b) Upon receipt of a United States department of defense
22
discharge document DD form 214, NGB form 22, or their equivalent or
23
successor
discharge
paperwork,
that
characterizes
his
or
her
24
((service)) discharge as ((honorable)) a qualifying discharge as
25
defined in section 4 of this act.
26
Sec. 15. RCW 41.06.133 and 2023 c 148 s 1 are each amended to
27
read as follows:
28
(1) The director shall adopt rules, consistent with the purposes
29
and provisions of this chapter and with the best standards of
30
personnel administration, regarding the basis and procedures to be
31
followed for:
32
(a) The reduction, dismissal, suspension, or demotion of an
33
employee;
34
(b) Training and career development;
35
(c) Probationary periods of six to twelve months and rejections
36
of probationary employees, depending on the job requirements of the
37
class, except as follows:
38
p. 23
HB 2014
(i) Entry-level state park rangers shall serve a probationary
1
period of twelve months; and
2
(ii) The probationary period of campus police officer appointees
3
who are required to attend the Washington state criminal justice
4
training commission basic law enforcement academy shall extend from
5
the date of appointment until twelve months from the date of
6
successful completion of the basic law enforcement academy, or twelve
7
months from the date of appointment if academy training is not
8
required. The director shall adopt rules to ensure that employees
9
promoting to campus police officer who are required to attend the
10
Washington state criminal justice training commission basic law
11
enforcement academy shall have the trial service period extend from
12
the date of appointment until twelve months from the date of
13
successful completion of the basic law enforcement academy, or twelve
14
months from the date of appointment if academy training is not
15
required;
16
(d) Transfers;
17
(e) Promotional preferences;
18
(f) Sick leaves and vacations;
19
(g) Hours of work;
20
(h) Layoffs when necessary and subsequent reemployment, except
21
for the financial basis for layoffs;
22
(i) The number of names to be certified for vacancies;
23
(j) Subject to RCW 41.04.820, adoption and revision of a state
24
salary schedule to reflect the prevailing rates in Washington state
25
private industries and other governmental units;
26
(k) Increment increases within the series of steps for each pay
27
grade based on length of service for all employees whose standards of
28
performance are such as to permit them to retain job status in the
29
classified service;
30
(l) Optional lump sum relocation compensation approved by the
31
agency director, whenever it is reasonably necessary that a person
32
make a domiciliary move in accepting a transfer or other employment
33
with the state. An agency must provide lump sum compensation within
34
existing resources. If the person receiving the relocation payment
35
terminates or causes termination with the state, for reasons other
36
than layoff, disability separation, or other good cause as determined
37
by an agency director, within one year of the date of the employment,
38
the state is entitled to reimbursement of the lump sum compensation
39
from the person;
40
p. 24
HB 2014
(m) Providing for veteran's preference as required by existing
1
statutes, with recognition of preference in regard to layoffs and
2
subsequent reemployment for veterans and their surviving spouses by
3
giving such eligible veterans and their surviving spouses additional
4
credit in computing their seniority by adding to their unbroken state
5
service, as defined by the director, the veteran's service in the
6
military not to exceed five years. For the purposes of this section,
7
"veteran" means any person who has one or more years of active
8
military service in any branch of the armed forces of the United
9
States or who has less than one year's service and is discharged with
10
a disability incurred in the line of duty or is discharged at the
11
convenience of the government and who, upon termination of such
12
service, has received ((an honorable discharge, a discharge for
13
physical reasons with an honorable record, or a release from active
14
military service with evidence of service other than that for which
15
an undesirable, bad conduct, or dishonorable discharge shall be
16
given)) a qualifying discharge as defined in section 4 of this act.
17
However, the surviving spouse of a veteran is entitled to the
18
benefits of this section regardless of the veteran's length of active
19
military service. For the purposes of this section, "veteran" does
20
not include any person who has voluntarily retired with twenty or
21
more years of active military service and whose military retirement
22
pay is in excess of five hundred dollars per month.
23
(2) Rules adopted under this section by the director shall
24
provide for local administration and management by the institutions
25
of higher education and related boards, subject to periodic audit and
26
review by the director.
27
(3) Rules adopted by the director under this section may be
28
superseded by the provisions of a collective bargaining agreement
29
negotiated under RCW 41.80.001 and 41.80.010 through 41.80.130. The
30
supersession of such rules shall only affect employees in the
31
respective collective bargaining units.
32
Sec. 16. RCW 41.08.040 and 1993 c 47 s 4 are each amended to
33
read as follows:
34
Immediately after appointment the commission shall organize by
35
electing one of its members chair and hold regular meetings at least
36
once a month, and such additional meetings as may be required for the
37
proper discharge of their duties.
38
p. 25
HB 2014
They shall appoint a secretary and chief examiner, who shall keep
1
the records of the commission, preserve all reports made to it,
2
superintend and keep a record of all examinations held under its
3
direction, and perform such other duties as the commission may
4
prescribe.
5
The secretary and chief examiner shall be appointed as a result
6
of competitive examination which examination may be either original
7
and open to all properly qualified citizens of the city, town or
8
municipality, or promotional and limited to persons already in the
9
service of the fire department or of the fire department and other
10
departments of said city, town or municipality, as the commission may
11
decide. The secretary and chief examiner may be subject to
12
suspension, reduction or discharge in the same manner and subject to
13
the same limitations as are provided in the case of members of the
14
fire department. It shall be the duty of the civil service
15
commission:
16
(1) To make suitable rules and regulations not inconsistent with
17
the provisions of this chapter. Such rules and regulations shall
18
provide in detail the manner in which examinations may be held, and
19
appointments,
promotions,
transfers,
reinstatements,
demotions,
20
suspensions and discharges shall be made, and may also provide for
21
any other matters connected with the general subject of personnel
22
administration, and which may be considered desirable to further
23
carry out the general purposes of this chapter, or which may be found
24
to be in the interest of good personnel administration. Such rules
25
and regulations may be changed from time to time. The rules and
26
regulations and any amendments thereof shall be printed, mimeographed
27
or multigraphed for free public distribution. Such rules and
28
regulations may be changed from time to time.
29
(2) All tests shall be practical, and shall consist only of
30
subjects which will fairly determine the capacity of persons examined
31
to perform duties of the position to which appointment is to be made,
32
and may include tests of physical fitness and/or of manual skill.
33
(3) The rules and regulations adopted by the commission shall
34
provide for a credit in accordance with RCW 41.04.010 in favor of all
35
applicants for appointment under civil service, who, in time of war,
36
or in any expedition of the armed forces of the United States, have
37
served in and been ((honorably)) discharged from the armed forces of
38
the United States, including the army, navy, and marine corps and the
39
p. 26
HB 2014
American Red Cross, with a qualifying discharge as defined in section
1
4 of this act. These credits apply to entrance examinations only.
2
(4) The commission shall make investigations concerning and
3
report upon all matters touching the enforcement and effect of the
4
provisions of this chapter, and the rules and regulations prescribed
5
hereunder; inspect all institutions, departments, offices, places,
6
positions and employments affected by this chapter, and ascertain
7
whether this chapter and all such rules and regulations are being
8
obeyed. Such investigations may be made by the commission or by any
9
commissioner designated by the commission for that purpose. Not only
10
must these investigations be made by the commission as aforesaid, but
11
the commission must make like investigation on petition of a citizen,
12
duly verified, stating that irregularities or abuses exist, or
13
setting forth in concise language, in writing, the necessity for such
14
investigation. In the course of such investigation the commission or
15
designated commissioner, or chief examiner, shall have the power to
16
administer oaths, subpoena and require the attendance of witnesses
17
and the production by them of books, papers, documents and accounts
18
appertaining to the investigation and also to cause the deposition of
19
witnesses residing within or without the state to be taken in the
20
manner prescribed by law for like depositions in civil actions in the
21
superior court; and the oaths administered hereunder and the
22
subpoenas issued hereunder shall have the same force and effect as
23
the oaths administered by a superior court judge in his or her
24
judicial capacity; and the failure upon the part of any person so
25
subpoenaed to comply with the provisions of this section shall be
26
deemed a violation of this chapter, and punishable as such.
27
(5) All hearings and investigations before the commission, or
28
designated commissioner, or chief examiner, shall be governed by this
29
chapter and by rules of practice and procedure to be adopted by the
30
commission, and in the conduct thereof neither the commission, nor
31
designated commissioner shall be bound by the technical rules of
32
evidence. No informality in any proceedings or hearing, or in the
33
manner of taking testimony before the commission or designated
34
commissioner,
shall
invalidate
any
order,
decision,
rule
or
35
regulation made, approved or confirmed by the commission: PROVIDED,
36
HOWEVER, That no order, decision, rule or regulation made by any
37
designated commissioner conducting any hearing or investigation alone
38
shall be of any force or effect whatsoever unless and until concurred
39
in by at least one of the other two members.
40
p. 27
HB 2014
(6) To hear and determine appeals or complaints respecting the
1
administrative work of the personnel department; appeals upon the
2
allocation of positions; the rejection of an examination, and such
3
other matters as may be referred to the commission.
4
(7) Establish and maintain in card or other suitable form a
5
roster of officers and employees.
6
(8) Provide for, formulate and hold competitive tests to
7
determine the relative qualifications of persons who seek employment
8
in any class or position and as a result thereof establish eligible
9
lists for the various classes of positions, and to provide that
10
persons laid off because of curtailment of expenditures, reduction in
11
force, and for like causes, head the list in the order of their
12
seniority, to the end that they shall be the first to be reemployed.
13
(9) When a vacant position is to be filled, to certify to the
14
appointing authority, on written request, the name of the person
15
highest on the eligible list for the class. If there are no such
16
lists, to authorize provisional or temporary appointment list of such
17
class. Such temporary or provisional appointment shall not continue
18
for a period longer than four months; nor shall any person receive
19
more than one provisional appointment or serve more than four months
20
as a provisional appointee in any one fiscal year.
21
(10) Keep such records as may be necessary for the proper
22
administration of this chapter.
23
Sec. 17. RCW 41.12.040 and 1993 c 47 s 5 are each amended to
24
read as follows:
25
Immediately after appointment the commission shall organize by
26
electing one of its members chair and hold regular meetings at least
27
once a month, and such additional meetings as may be required for the
28
proper discharge of their duties.
29
They shall appoint a secretary and chief examiner, who shall keep
30
the records for the commission, preserve all reports made to it,
31
superintend and keep a record of all examinations held under its
32
direction, and perform such other duties as the commission may
33
prescribe.
34
The secretary and chief examiner shall be appointed as a result
35
of competitive examination which examination may be either original
36
and open to all properly qualified citizens of the city, town, or
37
municipality, or promotional and limited to persons already in the
38
service of the police department or of the police department and
39
p. 28
HB 2014
other departments of the city, town, or municipality, as the
1
commission may decide. The secretary and chief examiner may be
2
subject to suspension, reduction, or discharge in the same manner and
3
subject to the same limitations as are provided in the case of
4
members of the police department. It shall be the duty of the civil
5
service commission:
6
(1) To make suitable rules and regulations not inconsistent with
7
the provisions of this chapter. Such rules and regulations shall
8
provide in detail the manner in which examinations may be held, and
9
appointments,
promotions,
transfers,
reinstatements,
demotions,
10
suspensions, and discharges shall be made, and may also provide for
11
any other matters connected with the general subject of personnel
12
administration, and which may be considered desirable to further
13
carry out the general purposes of this chapter, or which may be found
14
to be in the interest of good personnel administration. Such rules
15
and regulations may be changed from time to time. The rules and
16
regulations
and
any
amendments
thereof
shall
be
printed,
17
mimeographed, or multigraphed for free public distribution. Such
18
rules and regulations may be changed from time to time;
19
(2) All tests shall be practical, and shall consist only of
20
subjects which will fairly determine the capacity of persons examined
21
to perform duties of the position to which appointment is to be made,
22
and may include tests of physical fitness and/or of manual skill;
23
(3) The rules and regulations adopted by the commission shall
24
provide for a credit in accordance with RCW 41.04.010 in favor of all
25
applicants for appointment under civil service, who, in time of war,
26
or in any expedition of the armed forces of the United States, have
27
served in and been ((honorably)) discharged from the armed forces of
28
the United States, including the army, navy, and marine corps and the
29
American Red Cross, with a qualifying discharge as defined in section
30
4 of this act. These credits apply to entrance examinations only;
31
(4) The commission shall make investigations concerning and
32
report upon all matters touching the enforcement and effect of the
33
provisions of this chapter, and the rules and regulations prescribed
34
hereunder; inspect all institutions, departments, offices, places,
35
positions, and employments affected by this chapter, and ascertain
36
whether this chapter and all such rules and regulations are being
37
obeyed. Such investigations may be made by the commission or by any
38
commissioner designated by the commission for that purpose. Not only
39
must these investigations be made by the commission, but the
40
p. 29
HB 2014
commission must make like investigation on petition of a citizen,
1
duly verified, stating that irregularities or abuses exist, or
2
setting forth in concise language, in writing, the necessity for such
3
investigation. In the course of such investigation the commission or
4
designated commissioner, or chief examiner, shall have the power to
5
administer oaths, subpoena and require the attendance of witnesses
6
and the production by them of books, papers, documents, and accounts
7
appertaining to the investigation, and also to cause the deposition
8
of witnesses residing within or without the state to be taken in the
9
manner prescribed by law for like depositions in civil actions in the
10
superior court; and the oaths administered hereunder and the
11
subpoenas issued hereunder shall have the same force and effect as
12
the oaths administered by a superior court judge in his or her
13
judicial capacity; and the failure upon the part of any person so
14
subpoenaed to comply with the provisions of this section shall be
15
deemed a violation of this chapter, and punishable as such;
16
(5) Hearings and Investigations: How conducted. All hearings and
17
investigations before the commission, or designated commissioner, or
18
chief examiner, shall be governed by this chapter and by rules of
19
practice and procedure to be adopted by the commission, and in the
20
conduct thereof neither the commission, nor designated commissioner
21
shall be bound by the technical rules of evidence. No informality in
22
any proceedings or hearing, or in the manner of taking testimony
23
before the commission or designated commissioner, shall invalidate
24
any order, decision, rule or regulation made, approved or confirmed
25
by the commission: PROVIDED, HOWEVER, That no order, decision, rule
26
or regulation made by any designated commissioner conducting any
27
hearing or investigation alone shall be of any force or effect
28
whatsoever unless and until concurred in by at least one of the other
29
two members;
30
(6) To hear and determine appeals or complaints respecting the
31
administrative work of the personnel department; appeals upon the
32
allocation of positions; the rejection of an examination, and such
33
other matters as may be referred to the commission;
34
(7) Establish and maintain in card or other suitable form a
35
roster of officers and employees;
36
(8) Provide for, formulate and hold competitive tests to
37
determine the relative qualifications of persons who seek employment
38
in any class or position and as a result thereof establish eligible
39
lists for the various classes of positions, and to provide that
40
p. 30
HB 2014
persons laid off because of curtailment of expenditures, reduction in
1
force, and for like causes, head the list in the order of their
2
seniority, to the end that they shall be the first to be reemployed;
3
(9) When a vacant position is to be filled, to certify to the
4
appointing authority, on written request, the name of the person
5
highest on the eligible list for the class. If there are no such
6
lists, to authorize provisional or temporary appointment list of such
7
class. Such temporary or provisional appointment shall not continue
8
for a period longer than four months; nor shall any person receive
9
more than one provisional appointment or serve more than four months
10
as provisional appointee in any one fiscal year;
11
(10) Keep such records as may be necessary for the proper
12
administration of this chapter.
13
Sec. 18. RCW 43.24.130 and 2012 c 45 s 1 are each amended to
14
read as follows:
15
(1) Notwithstanding any provision of law to the contrary, the
16
license of any person licensed by the director of licensing, or the
17
boards and commissions listed in chapter 18.235 RCW, to practice a
18
profession or engage in an occupation, if valid and in force and
19
effect at the time the licensee entered service in the armed forces,
20
the United States public health service commissioned corps, or the
21
merchant marine of the United States, shall continue in full force
22
and effect so long as such service continues, unless sooner
23
suspended, canceled, or revoked for cause as provided by law. The
24
director, board, or commission shall renew the license of every such
25
person who applies for renewal thereof within six months after being
26
((honorably)) discharged from service with a qualifying discharge as
27
defined in section 4 of this act, upon payment of the renewal fee
28
applicable to the then current year or other license period.
29
(2) If requested by the licensee, the license of a spouse or
30
registered domestic partner of a service member in the United States
31
armed forces, including the United States public health service
32
commissioned corps, if valid and in force and effect at the time the
33
service member is deployed or stationed in a location outside
34
Washington state, must be placed in inactive military spouse or
35
registered domestic partner status so long as such service continues,
36
unless sooner suspended, canceled, or revoked for cause as provided
37
by law. The director, board, or commission shall return to active
38
status the license of every such person who applies for activation
39
p. 31
HB 2014
within six months after returning to Washington state, upon payment
1
of the current renewal fee and meeting the current renewal conditions
2
of the respective license.
3
(3) The director, board, or commission may adopt any rules
4
necessary to implement this section.
5
Sec. 19. RCW 43.60A.190 and 2017 c 185 s 7 are each amended to
6
read as follows:
7
(1) The department shall:
8
(a)
Maintain
a
current
list
of
certified
veteran-owned
9
businesses; and
10
(b) Make the list of certified veteran-owned businesses available
11
on the department's public website.
12
(2) To qualify as a certified veteran-owned business, the
13
business must:
14
(a) Be at least fifty-one percent owned and controlled by:
15
(i) A ((veteran as defined as every)) person who at the time he
16
or she seeks certification ((has received a discharge with an
17
honorable characterization or received a discharge for medical
18
reasons with an honorable record, where applicable, and who has
19
served in at least one of the capacities listed)) is a veteran as
20
defined in RCW 41.04.007;
21
(ii) A person who is in receipt of disability compensation or
22
pension from the department of veterans affairs; or
23
(iii) An active or reserve member in any branch of the armed
24
forces of the United States, including the national guard, coast
25
guard, and armed forces reserves; and
26
(b) Be either an enterprise which is incorporated in the state of
27
Washington as a Washington domestic corporation, or an enterprise
28
whose principal place of business is located within the state of
29
Washington for enterprises which are not incorporated.
30
(3) To participate in the linked deposit program under chapter
31
43.86A RCW, a veteran-owned business qualified under this section
32
must be certified by the department as a business:
33
(a) In which the veteran owner possesses and exercises sufficient
34
expertise specifically in the business's field of operation to make
35
decisions governing the long-term direction and the day-to-day
36
operations of the business;
37
(b) That is organized for profit and performing a commercially
38
useful function; and
39
p. 32
HB 2014
(c) That meets the criteria for a small business concern as
1
established under chapter 39.19 RCW.
2
(4) The department shall create a logo for the purpose of
3
identifying veteran-owned businesses to the public. The department
4
shall put the logo on an adhesive sticker or decal suitable for
5
display in a business window and distribute the stickers or decals to
6
veteran-owned businesses listed with the department.
7
(5)(a) Businesses may submit an application on a form prescribed
8
by the department to apply for certification under this section.
9
(b) The department must notify the state treasurer of veteran-
10
owned businesses who have participated in the linked deposit program
11
and are no longer certified under this section. The written
12
notification
to
the
state
treasurer
must
contain
information
13
regarding the reasons for the decertification and information on
14
financing
provided
to
the
veteran-owned
business
under
RCW
15
43.86A.060.
16
(6) The department may adopt rules necessary to implement this
17
section.
18
Sec. 20. RCW 43.70.270 and 2012 c 45 s 2 are each amended to
19
read as follows:
20
(1) Notwithstanding any provision of law to the contrary, the
21
license of any person licensed by the secretary of health to practice
22
a profession or engage in an occupation, if valid and in force and
23
effect at the time the licensee entered service in the armed forces,
24
the United States public health service commissioned corps, or the
25
merchant marine of the United States, shall continue in full force
26
and effect so long as such service continues, unless sooner
27
suspended, canceled, or revoked for cause as provided by law. The
28
secretary shall renew the license of every such person who applies
29
for renewal thereof within six months after being ((honorably))
30
discharged from service with a qualifying discharge as defined in
31
section 4 of this act, upon payment of the renewal fee applicable to
32
the then current year or other license period.
33
(2) If requested by the licensee, the license of a spouse or
34
registered domestic partner of a service member in the United States
35
armed forces, including the United States public health service
36
commissioned corps, if valid and in force and effect at the time the
37
service member is deployed or stationed in a location outside
38
Washington state, must be placed in inactive military spouse or
39
p. 33
HB 2014
registered domestic partner status so long as such service continues,
1
unless sooner suspended, canceled, or revoked for cause as provided
2
by law. The secretary shall return to active status the license of
3
every such person who applies for renewal thereof within six months
4
after the service member is ((honorably)) discharged from service
5
with a qualifying discharge as defined in section 4 of this act, or
6
sooner if requested by the licensee, upon payment of the renewal fee
7
applicable to the then current year or other license period.
8
(3) The secretary may adopt any rules necessary to implement this
9
section.
10
Sec. 21. RCW 46.18.270 and 2011 c 332 s 7 are each amended to
11
read as follows:
12
(1) A registered owner who has survived the attack on Pearl
13
Harbor on December 7, 1941, may apply to the department for special
14
license plates for use on only one motor vehicle required to display
15
one or two license plates, excluding vehicles registered under
16
chapter 46.87 RCW, upon terms and conditions established by the
17
department, and owned by the qualified applicant. The applicant must:
18
(a) Be a resident of this state;
19
(b) Have been a member of the United States armed forces on
20
December 7, 1941;
21
(c) Have been on station on December 7, 1941, between the hours
22
of 7:55 a.m. and 9:45 a.m. Hawaii time at Pearl Harbor, the island of
23
Oahu, or offshore at a distance not to exceed three miles;
24
(d) Have received ((an honorable)) a qualifying discharge, as
25
defined in section 4 of this act, from the United States armed
26
forces;
27
(e) Provide certification by a Washington state chapter of the
28
Pearl Harbor survivors association showing that qualifications in (c)
29
of this subsection have been met;
30
(f) Be recorded as the registered owner of the motor vehicle on
31
which the Pearl Harbor survivor license plate or plates will be
32
displayed; and
33
(g) Pay all fees and taxes required by law for registering the
34
motor vehicle.
35
(2) Pearl Harbor survivor license plates must be issued without
36
the payment of any license plate fee.
37
p. 34
HB 2014
(3) Pearl Harbor survivor license plates must be replaced, free
1
of charge, if the license plates have become lost, stolen, damaged,
2
defaced, or destroyed.
3
(4) Pearl Harbor survivor license plates may be issued to the
4
surviving spouse or domestic partner of a Pearl Harbor survivor who
5
met the requirements in subsection (1) of this section. The surviving
6
spouse or domestic partner must be a resident of this state. If the
7
surviving spouse remarries or the surviving domestic partner marries
8
or enters into a new domestic partnership, he or she must return the
9
special license plates to the department within fifteen days and
10
apply for regular license plates or another type of special license
11
plate.
12
(5) A Pearl Harbor survivor license plate or plates may be
13
transferred from one motor vehicle to another motor vehicle owned by
14
the Pearl Harbor survivor or the surviving spouse or domestic partner
15
as described in subsection (4) of this section upon application to
16
the department, county auditor or other agent, or subagent appointed
17
by the director.
18
Sec. 22. RCW 46.18.280 and 2019 c 139 s 1 are each amended to
19
read as follows:
20
(1) A registered owner who has been awarded a Purple Heart medal
21
by any branch of the United States armed forces, including the
22
merchant marines and the women's air forces service pilots may apply
23
to the department for special license plates for use on a motor
24
vehicle required to display one or two license plates, excluding
25
vehicles
registered
under
chapter
46.87
RCW,
upon
terms
and
26
conditions established by the department, and owned by the qualified
27
applicant. The applicant must:
28
(a) Be a resident of this state;
29
(b) Have been wounded during one of this nation's wars or
30
conflicts identified in RCW 41.04.005;
31
(c) Have received ((an honorable)) a qualifying discharge, as
32
defined in section 4 of this act, from the United States armed
33
forces;
34
(d) Provide a copy of the armed forces document showing the
35
recipient was awarded the Purple Heart medal; and
36
(e) Be recorded as the registered owner of the motor vehicle on
37
which the Purple Heart license plate or plates will be displayed.
38
p. 35
HB 2014
(2) Purple Heart license plates must be issued without the
1
payment of any vehicle license fees, license plate fees, motor
2
vehicle excise taxes, and special license plate fees for one motor
3
vehicle. For other motor vehicles, qualified applicants may purchase
4
Purple Heart license plates for the fee required under RCW
5
46.17.220(((17))) (18) and all other fees and taxes required by law
6
for registering the motor vehicle.
7
(3) Purple Heart license plates may be issued to the surviving
8
spouse or domestic partner of a Purple Heart recipient who met the
9
requirements in subsection (1) of this section. The surviving spouse
10
or domestic partner must be a resident of this state. If the
11
surviving spouse remarries or the surviving domestic partner marries
12
or enters into a new domestic partnership, he or she must return the
13
special license plates to the department within fifteen days and
14
apply for regular license plates or another type of special license
15
plate.
16
(4) A Purple Heart license plate or plates may be transferred
17
from one motor vehicle to another motor vehicle owned by the Purple
18
Heart recipient or the surviving spouse or domestic partner as
19
described in subsection (3) of this section upon application to the
20
department, county auditor or other agent, or subagent appointed by
21
the director.
22
Sec. 23. RCW 46.18.295 and 2012 c 69 s 1 are each amended to
23
read as follows:
24
(1) Veterans ((discharged under honorable conditions (veterans)))
25
and ((individuals serving on active duty in the United States armed
26
forces ())active duty military personnel(())) may purchase a veterans
27
remembrance emblem, campaign medal emblem, or military service award
28
emblem. The emblem is to be displayed on license plates in the manner
29
described
by
the
department,
existing
vehicular
registration
30
procedures, and current laws.
31
(2) For purposes of this section:
32
(a) "Active duty military personnel" means an individual serving
33
on active duty in the United States armed forces.
34
(b) "Veteran" has the meaning defined in RCW 41.04.007.
35
(3) Veterans and active duty military personnel who served during
36
periods of war or armed conflict may purchase a remembrance emblem
37
depicting campaign ribbons which they were awarded.
38
p. 36
HB 2014
(((3))) (4) The following campaign ribbon remembrance emblems are
1
available:
2
(a) World War I victory medal;
3
(b) World War II Asiatic-Pacific campaign medal;
4
(c) World War II European-African Middle East campaign medal;
5
(d) World War II American campaign medal;
6
(e) Korean service medal;
7
(f) Vietnam service medal;
8
(g) Armed forces expeditionary medal awarded after 1958; and
9
(h) Southwest Asia medal.
10
The director may issue additional campaign ribbon emblems by rule
11
as authorized decorations by the United States department of defense.
12
(((4))) (5) The following military service award emblems are
13
available:
14
(a) Distinguished Service Cross;
15
(b) Navy Cross;
16
(c) Air Force Cross;
17
(d) Silver Star medal; and
18
(e) Bronze Star medal.
19
(((5))) (6) Veterans or active duty military personnel requesting
20
a veteran remembrance emblem, campaign medal emblem, or military
21
service award emblem or emblems must:
22
(a) Pay a prescribed fee set by the department; and
23
(b) Show proof of eligibility through:
24
(i) Providing a DD-214 or discharge papers, as well as necessary
25
documentation to prove eligibility as a veteran with an other than
26
honorable characterization of service, if a veteran;
27
(ii) Providing a copy of orders awarding a campaign ribbon if an
28
individual serving on military active duty;
29
(iii) Providing a copy of orders awarding a military service
30
award; or
31
(iv) Attesting in a notarized affidavit of their eligibility as
32
required under this section.
33
(((6))) (7) Veterans or active duty military personnel who
34
purchase a veteran remembrance emblem, campaign medal emblem, or
35
military service award emblem must be the legal or registered owner
36
of the vehicle on which the emblem is to be displayed.
37
Sec. 24. RCW 46.20.027 and 2002 c 292 s 3 are each amended to
38
read as follows:
39
p. 37
HB 2014
A Washington state motor vehicle driver's license issued to any
1
service member if valid and in force and effect while such person is
2
serving in the armed forces, shall remain in full force and effect so
3
long as such service continues unless the same is sooner suspended,
4
canceled, or revoked for cause as provided by law and for not to
5
exceed ninety days following the date on which the holder of such
6
driver's license is ((honorably)) separated from service in the armed
7
forces of the United States. A Washington state driver's license
8
issued to the spouse or dependent child of such service member
9
likewise remains in full force and effect if the person is residing
10
with the service member.
11
For purposes of this section, "service member" means every person
12
serving in the armed forces whose branch of service as of the date of
13
application for the driver's license is included in the definition of
14
veteran pursuant to RCW 41.04.007 or the person will meet the
15
definition of veteran at the time of discharge.
16
Sec. 25. RCW 46.20.161 and 2021 c 158 s 7 are each amended to
17
read as follows:
18
(1) The department, upon receipt of a fee of seventy-two dollars,
19
unless the driver's license is issued for a period other than eight
20
years, in which case the fee shall be nine dollars for each year that
21
the license is issued, which includes the fee for the required
22
photograph, shall issue to every qualifying applicant a driver's
23
license. A driver's license issued to a person under the age of
24
eighteen is an intermediate license, subject to the restrictions
25
imposed under RCW 46.20.075, until the person reaches the age of
26
eighteen.
27
(2) The license must include:
28
(a) A distinguishing number assigned to the licensee;
29
(b) The name of record;
30
(c) Date of birth;
31
(d) Washington residence address;
32
(e) Photograph;
33
(f) A brief description of the licensee;
34
(g) Either a facsimile of the signature of the licensee or a
35
space upon which the licensee shall write the licensees' usual
36
signature with pen and ink immediately upon receipt of the license;
37
(h) If applicable, the person's status as a veteran as provided
38
in subsection (4) of this section; and
39
p. 38
HB 2014
(i) If applicable, a medical alert designation as provided in
1
subsection (5) of this section.
2
(3) No license is valid until it has been signed by the licensee.
3
(4)(a) A veteran, as defined in RCW 41.04.007, or an individual
4
who otherwise meets the criteria of RCW 41.04.007 but who has
5
received a general discharge under honorable conditions, may apply to
6
the department to obtain a veteran designation on a driver's license
7
issued under this section by providing:
8
(i) A United States department of veterans affairs identification
9
card or proof of service letter;
10
(ii) A United States department of defense discharge document, DD
11
Form 214 or DD Form 215, as it exists on June 7, 2018, or such
12
subsequent date as may be provided by the department by rule,
13
consistent with the purposes of this section, or equivalent or
14
successor discharge paperwork, ((that shows a discharge status of
15
"honorable"
or
"general
under
honorable
conditions"))
that
16
establishes the person's service in the armed forces of the United
17
States and qualifying discharge as defined in section 4 of this act;
18
(iii) A national guard state-issued report of separation and
19
military service, NGB Form 22, as it exists on June 7, 2018, or such
20
subsequent date as may be provided by the department by rule,
21
consistent with the purposes of this section, or equivalent or
22
successor discharge paperwork, ((that shows a discharge status of
23
"honorable"
or
"general
under
honorable
conditions"))
that
24
establishes the person's active duty or reserve service in the
25
national guard and qualifying discharge as defined in section 4 of
26
this act; or
27
(iv) A United States uniformed services identification card, DD
28
Form 2, that displays on its face that it has been issued to a
29
retired member of any of the armed forces of the United States,
30
including the national guard and armed forces reserves.
31
(b) The department may permit a veteran, as defined in RCW
32
41.04.007, ((or an individual who otherwise meets the criteria of RCW
33
41.04.007 but who has received a general discharge under honorable
34
conditions,)) to submit ((an)) alternate forms of documentation to
35
apply to obtain a veteran designation on a driver's license((, as
36
specified by rule, that requires a discharge status of "honorable" or
37
"general under honorable conditions" and that establishes the
38
person's service as required under RCW 41.04.007)).
39
p. 39
HB 2014
(5) Any person may apply to the department to obtain a medical
1
alert designation, a developmental disability designation, or a
2
deafness designation on a driver's license issued under this chapter
3
by providing:
4
(a) Self-attestation that the individual:
5
(i) Has a medical condition that could affect communication or
6
account for a driver health emergency;
7
(ii) Is deaf or hard of hearing; or
8
(iii)
Has
a
developmental
disability
as
defined
in
RCW
9
71A.10.020;
10
(b) A statement from the person that they have voluntarily
11
provided the self-attestation and other information verifying the
12
condition; and
13
(c) For persons under eighteen years of age or who have a
14
developmental disability, the signature of a parent or legal
15
guardian.
16
(6) A self-attestation or data contained in a self-attestation
17
provided under this section:
18
(a) Shall not be disclosed;
19
(b) Is for the confidential use of the director, the chief of the
20
Washington state patrol, and law enforcement and emergency medical
21
service providers as designated by law; and
22
(c) Is subject to the privacy protections of the driver's privacy
23
protection act, 18 U.S.C. Sec. 2725.
24
Sec. 26. RCW 72.36.030 and 2014 c 184 s 3 are each amended to
25
read as follows:
26
All of the following persons who have been actual bona fide
27
residents of this state at the time of their application may be
28
admitted to a state veterans' home under rules as may be adopted by
29
the director of the department, unless sufficient facilities and
30
resources are not available to accommodate these people:
31
(1)(a) All ((honorably discharged)) veterans ((of a branch)) of
32
the ((armed forces)) uniformed services of the United States or
33
merchant marines who meet the discharge requirements under RCW
34
41.04.007 or are eligible for medical care provided by the United
35
States department of veterans affairs; (b) members of the state
36
militia disabled while in the line of duty; (c) Filipino World War II
37
veterans who swore an oath to American authority and who participated
38
in military engagements with American soldiers; (d) the spouses or
39
p. 40
HB 2014
the domestic partners of these veterans, merchant marines, and
1
members of the state militia; and (e) parents any of whose children
2
died while serving in the armed forces. However, it is required that
3
the spouse was married to and living with the veteran, or that the
4
domestic partner was in a domestic partnership and living with the
5
veteran, three years prior to the date of application for admittance,
6
or, if married to or in a domestic partnership with him or her since
7
that date, was also a resident of a state veterans' home in this
8
state or entitled to admission thereto;
9
(2) The spouses or domestic partners of: (a) All ((honorably
10
discharged)) veterans of the United States ((armed forces)) uniformed
11
services with a qualifying discharge as defined in section 4 of this
12
act; (b) merchant marines; and (c) members of the state militia who
13
were disabled while in the line of duty and who were residents of a
14
state veterans' home in this state or were entitled to admission to
15
one of this state's state veteran homes at the time of death.
16
However, the included spouse or included domestic partner shall not
17
have been married since the death of his or her spouse or domestic
18
partner to a person who is not a resident of one of this state's
19
state veterans' homes or entitled to admission to one of this state's
20
state veterans' homes; and
21
(3) All applicants for admission to a state veterans' home shall
22
apply for all federal and state benefits for which they may be
23
eligible, including medical assistance under chapter 74.09 RCW.
24
NEW SECTION. Sec. 27. RCW 73.04.042 (Honorable discharge
25
recorded—Veterans of Spanish-American War and World War I) and 1923 c
26
17 s 1 & 1919 c 86 s 1 are each repealed.
27
Sec. 28. RCW 73.08.005 and 2017 c 185 s 9 are each amended to
28
read as follows:
29
The definitions in this section apply throughout this chapter
30
unless the context clearly requires otherwise.
31
(1) "Direct costs" includes those allowable costs that can be
32
readily assigned to the statutory objectives of this chapter,
33
consistent with the cost principles promulgated by the federal office
34
of management and budget in circular No. A-87, dated May 10, 2004.
35
(2) "Family" means the spouse or domestic partner, surviving
36
spouse, surviving domestic partner, and dependent children of a
37
p. 41
HB 2014
living or deceased veteran, or a service member who was killed in the
1
line of duty regardless of the number of days served.
2
(3) "Indigent" means a person who is defined as such by the
3
county legislative authority using one or more of the following
4
definitions:
5
(a) Receiving one of the following types of public assistance:
6
Temporary assistance for needy families, aged, blind, or disabled
7
assistance benefits, pregnant women assistance benefits, poverty-
8
related veterans' benefits, food stamps or food stamp benefits
9
transferred electronically, refugee resettlement benefits, medicaid,
10
medical care services, or supplemental security income;
11
(b) Receiving an annual income, after taxes, of up to one hundred
12
fifty percent or less of the current federally established poverty
13
level, or receiving an annual income not exceeding a higher
14
qualifying income established by the county legislative authority; or
15
(c) Unable to pay reasonable costs for shelter, food, utilities,
16
and
transportation
because
his
or
her
available
funds
are
17
insufficient.
18
(4) "Indirect costs" includes those allowable costs that are
19
generally associated with carrying out the statutory objectives of
20
this chapter, but the identification and tracking of those costs
21
cannot be readily assigned to a specific statutory objective without
22
an accounting effort that is disproportionate to the benefit
23
received. A county legislative authority may allocate allowable
24
indirect costs to its veterans' assistance fund if it is accomplished
25
in a manner consistent with the cost principles promulgated by the
26
federal office of management and budget in circular No. A-87, dated
27
May 10, 2004.
28
(5)(a) "Veteran" means:
29
(i) A person who served in the active military, naval, or air
30
service; a member of the women's air forces service pilots during
31
World War II; a United States documented merchant mariner with
32
service aboard an oceangoing vessel operated by the war shipping
33
administration; the office of defense transportation, or their
34
agents, from December 7, 1941, through December 31, 1946; or a civil
35
service crewmember with service aboard a United States army transport
36
service or United States naval transportation service vessel in
37
oceangoing service from December 7, 1941, through December 31, 1946,
38
who meets one of the following criteria:
39
p. 42
HB 2014
(A) Served on active duty for at least one hundred eighty days
1
and who was released with ((an honorable discharge)) a qualifying
2
discharge as defined in section 4 of this act;
3
(B)
Received
((an
honorable
or
general
under
honorable
4
characterization of service)) a qualifying discharge as defined in
5
section 4 of this act with a medical reason for separation for a
6
condition listed as non-existed prior to service, regardless of
7
number of days served; or
8
(C) Received ((an honorable discharge)) a qualifying discharge as
9
defined in section 4 of this act and has received a rating for a
10
service connected disability from the United States department of
11
veterans affairs regardless of number of days served;
12
(ii) A current member honorably serving in the armed forces
13
reserve or national guard who has been activated by presidential call
14
up for purposes other than training;
15
(iii) A former member of the armed forces reserve or national
16
guard who has fulfilled his or her initial military service
17
obligation and was released with ((an honorable discharge)) a
18
qualifying discharge as defined in section 4 of this act;
19
(iv) A former member of the armed forces reserve or national
20
guard who does not have over one hundred seventy-nine days of active
21
duty service, but meets the federal definition of a veteran having
22
completed twenty years of service.
23
(b) At the discretion of the county legislative authority and in
24
consultation with the veterans' advisory board, counties may expand
25
eligibility for the veterans assistance fund as the county determines
26
necessary, which may include serving veterans with additional
27
discharge characterizations.
28
(6) "Veterans' advisory board" means a board established by a
29
county legislative authority under the authority of RCW 73.08.035.
30
(7) "Veterans' assistance fund" means an account in the custody
31
of the county auditor, or the chief financial officer in a county
32
operating under a charter, that is funded by taxes levied under the
33
authority of RCW 73.08.080.
34
(8) "Veterans' assistance program" means a program approved by
35
the county legislative authority under the authority of RCW 73.08.010
36
that is fully or partially funded by the veterans' assistance fund
37
authorized by RCW 73.08.080.
38
p. 43
HB 2014
Sec. 29. RCW 73.16.120 and 2015 c 57 s 2 are each amended to
1
read as follows:
2
(1) The department of veterans affairs, employment security
3
department, and department of commerce shall consult local chambers
4
of commerce, associate development organizations, and businesses to
5
initiate a demonstration campaign to increase veteran employment.
6
This campaign may include partnerships with chambers of commerce that
7
result in business owners sharing, with the local chamber of
8
commerce, information on the number of veterans employed and the
9
local chambers of commerce providing this information to the
10
department of veterans affairs.
11
(2) Participants in the campaign are encouraged to work with the
12
Washington state military transition council and county veterans'
13
advisory boards as defined in RCW 73.08.035.
14
(3) Funding for the campaign shall be established from existing
15
resources.
16
(4) For the purposes of this section, "veteran" ((means any
17
veteran discharged under honorable conditions)) has the definition
18
given in RCW 41.04.007.
19
Sec. 30. RCW 77.32.480 and 2016 c 78 s 1 are each amended to
20
read as follows:
21
(1) Upon written application, a combination fishing license shall
22
be issued at the reduced rate of five dollars and all hunting
23
licenses shall be issued at the reduced rate of a youth hunting
24
license fee for the following individuals:
25
(a) A resident sixty-five years old or older who ((is an
26
honorably discharged veteran of)) has a qualifying discharge, as
27
defined in section 4 of this act, from the United States armed forces
28
((having)) and has a service-connected disability;
29
(b) A resident who ((is an honorably discharged veteran of)) has
30
a qualifying discharge, as defined in section 4 of this act, from the
31
United States armed forces ((with)) and has a thirty percent or more
32
service-connected disability;
33
(c) A resident with a disability who permanently uses a
34
wheelchair;
35
(d) A resident who is blind or visually impaired; and
36
(e) A resident with a developmental disability as defined in RCW
37
71A.10.020 with documentation of the disability certified by a
38
physician licensed to practice in this state.
39
p. 44
HB 2014
(2) Upon department verification of eligibility, a nonstate
1
resident veteran with a disability who otherwise satisfies the
2
criteria of subsection (1)(a) and (b) of this section must be issued
3
a combination fishing license or any hunting license at the same cost
4
charged to a nondisabled Washington resident for the same license.
5
(3) Upon written application and department verification, the
6
following recreational hunting licenses must be issued at no cost to
7
a resident member of the state guard or national guard, as defined in
8
RCW 38.04.010, as long as the state guard or national guard member
9
is: An active full-time state guard or national guard employee; or a
10
state guard or national guard member whose status requires the state
11
guard or national guard member to participate in drill training on a
12
part-time basis:
13
(a) A small game hunting license under RCW 77.32.460(1);
14
(b) A supplemental migratory bird permit under RCW 77.32.350; and
15
(c) A big game hunting license under RCW 77.32.450 (1) and (2).
16
Sec. 31. RCW 84.39.020 and 2020 c 139 s 54 are each amended to
17
read as follows:
18
(1) Each claimant applying for assistance under RCW 84.39.010
19
must file a claim with the department, on forms prescribed by the
20
department, no later than thirty days before the tax is due. The
21
department may waive this requirement for good cause shown. The
22
department must supply forms to the county assessor to allow persons
23
to apply for the program at the county assessor's office.
24
(2) The claim must designate the property to which the assistance
25
applies and must include a statement setting forth (a) a list of all
26
members of the claimant's household, (b) facts establishing the
27
eligibility
under
this
section,
and
(c)
any
other
relevant
28
information required by the rules of the department. The claim must
29
be signed by the claimant subject to the penalties as provided in
30
chapter 9A.72 RCW for false swearing. The first claim must include
31
proof of the claimant's age acceptable to the department.
32
(3) The following documentation must be filed with a claim along
33
with any other documentation required by the department:
34
(a) The deceased veteran's DD 214 report of separation, or its
35
equivalent,
that
must
((be
under
honorable
conditions))
show
36
qualification as a veteran under RCW 41.04.007. If the deceased
37
veteran had an other than honorable characterization of service, the
38
following is also required: (i) Proof that the decedent was, at any
39
p. 45
HB 2014
point, eligible for or received federal department of veterans
1
affairs monetary benefits; or (ii) proof that the decedent's survivor
2
is eligible for or has received federal department of veterans
3
affairs monetary survivor benefits;
4
(b) A copy of the applicant's certificate of marriage to the
5
deceased;
6
(c) A copy of the deceased veteran's death certificate; and
7
(d) A letter from the United States veterans' administration
8
certifying that the death of the veteran meets the requirements of
9
RCW 84.39.010(2).
10
(4) The department of veterans affairs must assist an eligible
11
widow or widower in the preparation and submission of an application
12
and the procurement of necessary substantiating documentation.
13
(5) The department must determine if each claimant is eligible
14
each year. Any applicant aggrieved by the department's denial of
15
assistance may petition the state board of tax appeals to review the
16
denial and the board must consider any appeals to determine (a) if
17
the claimant is entitled to assistance and (b) the amount or portion
18
thereof.
19
--- END ---
p. 46
HB 2014
As enrolled or final
128,881 characters
CERTIFICATION OF ENROLLMENT
SECOND SUBSTITUTE HOUSE BILL 2014
Chapter 146, Laws of 2024
68th Legislature
2024 Regular Session
DEFINITION OF VETERAN
EFFECTIVE DATE: June 6, 2024—Except for sections 25 through 27,
which take effect April 1, 2025.
Passed by the House February 10, 2024
Yeas 97 Nays 0
LAURIE JINKINS
Speaker of the House of
Representatives
Passed by the Senate March 1, 2024
Yeas 49 Nays 0
DENNY HECK
President of the Senate
CERTIFICATE
I, Bernard Dean, Chief Clerk of the
House of Representatives of the
State
of
Washington,
do
hereby
certify that the attached is SECOND
SUBSTITUTE
HOUSE
BILL
2014
as
passed
by
the
House
of
Representatives and the Senate on
the dates hereon set forth.
BERNARD DEAN
Chief Clerk
Approved March 18, 2024 3:13 PM
FILED
March 19, 2024
JAY INSLEE
Governor of the State of Washington
Secretary of State
State of Washington
AN ACT Relating to the definition of veteran and restoring honor
1
to veterans; amending RCW 41.04.005, 41.04.007, 2.48.070, 2.48.090,
2
9.46.070,
28A.230.120,
28B.15.012,
28B.15.621,
28B.102.020,
3
41.04.010, 41.06.133, 41.08.040, 41.12.040, 41.16.220, 43.24.130,
4
43.60A.190, 43.70.270, 46.18.210, 46.18.270, 46.18.280, 46.18.295,
5
46.20.027, 46.20.161, 72.36.030, 73.08.005, 73.16.010, 73.16.120,
6
77.32.480, and 84.39.020; reenacting and amending RCW 41.20.050 and
7
41.40.170; adding a new section to chapter 73.04 RCW; adding a new
8
section to chapter 43.60A RCW; creating new sections; repealing RCW
9
2.48.100 and 73.04.042; providing an effective date; and providing an
10
expiration date.
11
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
12
NEW SECTION. Sec. 1. The legislature intends to align the
13
federal and state definition of "veteran," expanding state veterans'
14
benefits to any veteran who is already eligible for federal
15
department of veterans affairs monetary benefits. The legislature
16
further intends to create eligibility for state benefits for veterans
17
who were separated with less than honorable characterizations of
18
service due solely to sexual orientation, gender identity, or gender
19
expression or actions or statements related to sexual orientation,
20
SECOND SUBSTITUTE HOUSE BILL 2014
Passed Legislature - 2024 Regular Session
State of Washington
68th Legislature
2024 Regular Session
By House Appropriations (originally sponsored 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)
READ FIRST TIME 02/05/24.
p. 1
2SHB 2014.SL
gender identity, or gender expression, regardless of characterization
1
of service.
2
Sec. 2. RCW 41.04.005 and 2023 c 18 s 1 are each amended to read
3
as follows:
4
(1) As used in this section ((and RCW 41.16.220, 41.20.050, and
5
41.40.170)), "veteran" includes every person, who at the time he or
6
she seeks the benefits of this section and ((RCW 41.16.220,
7
41.20.050, or 41.40.170)) has received ((an honorable discharge, is
8
actively serving honorably, or received a discharge for physical
9
reasons with an honorable record)) a qualifying discharge as defined
10
in section 4 of this act and who meets at least one of the following
11
criteria:
12
(a) The person has served between World War I and World War II or
13
during any period of war, as defined in subsection (2) of this
14
section, as either:
15
(i) A member in any branch of the armed forces of the United
16
States;
17
(ii) A member of the women's air forces service pilots;
18
(iii) A U.S. documented merchant mariner with service aboard an
19
oceangoing vessel operated by the war shipping administration, the
20
office of defense transportation, or their agents, from December 7,
21
1941, through December 31, 1946; or
22
(iv) A civil service crewmember with service aboard a U.S. army
23
transport service or U.S. naval transportation service vessel in
24
oceangoing service from December 7, 1941, through December 31, 1946;
25
or
26
(b) The person has received the armed forces expeditionary medal,
27
or marine corps and navy expeditionary medal, for opposed action on
28
foreign soil, for service:
29
(i) In any branch of the armed forces of the United States; or
30
(ii) As a member of the women's air forces service pilots.
31
(2) A "period of war" includes:
32
(a) World War I;
33
(b) World War II;
34
(c) The Korean conflict;
35
(d) The Vietnam era, which means:
36
(i) The period beginning on February 28, 1961, and ending on May
37
7, 1975, in the case of a veteran who served in the Republic of
38
Vietnam during that period;
39
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2SHB 2014.SL
(ii) The period beginning August 5, 1964, and ending on May 7,
1
1975;
2
(e) The Persian Gulf War, which was the period beginning August
3
2, 1990, and ending on February 28, 1991, or ending on November 30,
4
1995, if the participant was awarded a campaign badge or medal for
5
such period;
6
(f) The period beginning on the date of any future declaration of
7
war by the congress and ending on the date prescribed by presidential
8
proclamation or concurrent resolution of the congress; and
9
(g) Any armed conflicts, if the participant was awarded the
10
respective campaign or expeditionary badge or medal, or if the
11
service was such that a campaign or expeditionary badge or medal
12
would have been awarded, except that the member already received a
13
campaign or expeditionary badge or medal for a prior deployment
14
during that same conflict.
15
Sec. 3. RCW 41.04.007 and 2017 c 97 s 1 are each amended to read
16
as follows:
17
"Veteran" includes every person who, at the time he or she seeks
18
the benefits of RCW 46.18.212, 46.18.235, 72.36.030, 41.04.010,
19
73.04.090, or 43.180.250, has received ((an honorable discharge,
20
received a discharge for medical reasons with an honorable record,
21
where applicable, or is in receipt of a United States department of
22
defense discharge document DD form 214, NGB form 22, or their
23
equivalent or successor discharge paperwork, that characterizes his
24
or her service as honorable)) a qualifying discharge as defined in
25
section 4 of this act, and who has served in at least one of the
26
following capacities:
27
(1) As a member in any branch of the armed forces of the United
28
States, including the national guard and armed forces reserves, and
29
has fulfilled his or her initial military service obligation;
30
(2) As a member of the women's air forces service pilots;
31
(3) As a member of the armed forces reserves, national guard, or
32
coast guard, and has been called into federal service by a
33
presidential select reserve call up for at least one hundred eighty
34
cumulative days;
35
(4) As a civil service crewmember with service aboard a U.S. army
36
transport service or U.S. naval transportation service vessel in
37
oceangoing service from December 7, 1941, through December 31, 1946;
38
p. 3
2SHB 2014.SL
(5) As a member of the Philippine armed forces/scouts during the
1
period of armed conflict from December 7, 1941, through August 15,
2
1945; or
3
(6) A United States documented merchant mariner with service
4
aboard an oceangoing vessel operated by the department of defense, or
5
its agents, from both June 25, 1950, through July 27, 1953, in Korean
6
territorial waters and from August 5, 1964, through May 7, 1975, in
7
Vietnam territorial waters, and who received a military commendation.
8
NEW SECTION. Sec. 4. A new section is added to chapter 73.04
9
RCW to read as follows:
10
For
purposes
of
RCW
9.46.070,
28A.230.120,
28B.15.012,
11
28B.15.621, 28B.102.020, 41.04.005, 41.04.007, 41.04.010, 41.06.133,
12
41.08.040, 41.12.040, 43.24.130, 43.70.270, 46.18.270, 46.18.280,
13
46.20.161, 72.36.030, 73.08.005, and 77.32.480:
14
(1) A "qualifying discharge" means:
15
(a) A discharge with an honorable characterization of service;
16
(b) A discharge with a general under honorable conditions
17
characterization of service;
18
(c) A discharge with an other than honorable characterization of
19
service if the applicant provides a letter, administrative decision,
20
or other documentation from the United States department of veterans
21
affairs showing eligibility for or receipt of monetary benefits, such
22
as disability compensation or nonservice-connected pension; or
23
(d) Any characterization of service if the reason for discharge
24
was listed as solely due to: (i) A person's sexual orientation,
25
gender identity, or gender expression; (ii) statements, consensual
26
sexual conduct, or consensual acts relating to sexual orientation,
27
gender identity, or gender expression unless the statements, conduct,
28
or acts are or were prohibited by the uniform code of military
29
justice on grounds other than the person's sexual orientation, gender
30
identity,
or
gender
expression;
or
(iii)
the
disclosure
of
31
statements, conduct, or acts relating to sexual orientation, gender
32
identity, or gender expression to military officials.
33
(2)(a) To prove a "qualifying discharge" under this section, an
34
individual must provide official documentation that shows the
35
following
to
the
agency
administering
the
sought
benefit
or
36
protection:
37
(i) The individual's characterization of service; and
38
p. 4
2SHB 2014.SL
(ii) If an individual has a qualifying discharge under subsection
1
(1)(d) of this section, also the individual's reason for discharge or
2
narrative reason for separation.
3
(b) Proof may include, but is not limited to, a department of
4
defense DD form 214, NGB form 22, or equivalent or successor official
5
paperwork stating the required information from a government agency.
6
Copies of official documents are acceptable as proof.
7
NEW SECTION. Sec. 5. A new section is added to chapter 43.60A
8
RCW to read as follows:
9
The department shall develop and implement an outreach program to
10
ensure that veterans as defined in RCW 41.04.005 and 41.04.007 are
11
aware of state veterans' benefits and programs. Outreach information
12
shall explain, in an easy to understand format, changes in the law
13
made by chapter . . ., Laws of 2024 (this act), unchanged eligibility
14
requirements for current benefits, and how to find more information
15
about benefits from the department and other state agencies. The
16
outreach program must begin on the effective date of this section.
17
Sec. 6. RCW 2.48.070 and 1945 c 181 s 1 are each amended to read
18
as follows:
19
Any person who shall have graduated from any accredited law
20
school and after such graduation shall have served in the armed
21
forces of the United States of America between December 7, 1941, and
22
the termination of the present World War, may be admitted to the
23
practice of law in the state of Washington and to membership in the
24
Washington State Bar Association, upon motion made before the supreme
25
court of the state of Washington, provided the following is made to
26
appear:
27
(1) That the applicant is a person of good moral character over
28
the age of twenty-one years;
29
(2) That the applicant, at the time of entering the armed forces
30
of the United States, was a legal resident of the state of
31
Washington;
32
(3) That the applicant's service in the armed forces of the
33
United
States
is
or
was
satisfactory
((and
honorable)).
An
34
applicant's service is satisfactory if he or she meets the definition
35
of "veteran" under RCW 41.04.007.
36
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2SHB 2014.SL
Sec. 7. RCW 2.48.090 and 2011 c 336 s 64 are each amended to
1
read as follows:
2
If an applicant under RCW 2.48.070 through 2.48.110 is, at the
3
time he or she applies for admission to practice law in the state of
4
Washington, no longer in the armed forces of the United States, he or
5
she may establish the requirements of the proviso in RCW 2.48.070 as
6
follows:
7
(1) If he or she shall have been an enlisted person, by producing
8
((an honorable discharge)) documentation he or she is a veteran as
9
defined by RCW 41.04.007, and by the certificates of at least two
10
active members of the Washington state bar association.
11
(2) If he or she shall have been an officer, by an affidavit
12
showing that he or she ((has been relieved from active duty under
13
circumstances other than dishonorable)) is a veteran as defined in
14
RCW 41.04.007, and by the certificates of at least two active members
15
of the Washington state bar association.
16
NEW SECTION. Sec. 8. RCW 2.48.100 (Admission of veterans—Effect
17
of disability discharge) and 1945 c 181 s 4 are each repealed.
18
Sec. 9. RCW 9.46.070 and 2020 c 127 s 3 are each amended to read
19
as follows:
20
The commission shall have the following powers and duties:
21
(1) To authorize and issue licenses for a period not to exceed
22
one year to bona fide charitable or nonprofit organizations approved
23
by the commission meeting the requirements of this chapter and any
24
rules and regulations adopted pursuant thereto permitting said
25
organizations to conduct bingo games, raffles, amusement games, and
26
social card games, to utilize punchboards and pull-tabs in accordance
27
with the provisions of this chapter and any rules and regulations
28
adopted pursuant thereto and to revoke or suspend said licenses for
29
violation of any provisions of this chapter or any rules and
30
regulations adopted pursuant thereto: PROVIDED, That the commission
31
shall not deny a license to an otherwise qualified applicant in an
32
effort to limit the number of licenses to be issued: PROVIDED
33
FURTHER, That the commission or director shall not issue, deny,
34
suspend, or revoke any license because of considerations of race,
35
sex, creed, color, or national origin: AND PROVIDED FURTHER, That the
36
commission may authorize the director to temporarily issue or suspend
37
licenses subject to final action by the commission;
38
p. 6
2SHB 2014.SL
(2) To authorize and issue licenses for a period not to exceed
1
one year to any person, association, or organization operating a
2
business primarily engaged in the selling of items of food or drink
3
for consumption on the premises, approved by the commission meeting
4
the requirements of this chapter and any rules and regulations
5
adopted pursuant thereto permitting said person, association, or
6
organization to utilize punchboards and pull-tabs and to conduct
7
social card games as a commercial stimulant in accordance with the
8
provisions of this chapter and any rules and regulations adopted
9
pursuant thereto and to revoke or suspend said licenses for violation
10
of any provisions of this chapter and any rules and regulations
11
adopted pursuant thereto: PROVIDED, That the commission shall not
12
deny a license to an otherwise qualified applicant in an effort to
13
limit the number of licenses to be issued: PROVIDED FURTHER, That the
14
commission may authorize the director to temporarily issue or suspend
15
licenses subject to final action by the commission;
16
(3) To authorize and issue licenses for a period not to exceed
17
one year to any person, association, or organization approved by the
18
commission meeting the requirements of this chapter and meeting the
19
requirements of any rules and regulations adopted by the commission
20
pursuant to this chapter as now or hereafter amended, permitting said
21
person, association, or organization to conduct or operate amusement
22
games in such manner and at such locations as the commission may
23
determine. The commission may authorize the director to temporarily
24
issue or suspend licenses subject to final action by the commission;
25
(4) To authorize, require, and issue, for a period not to exceed
26
one year, such licenses as the commission may by rule provide, to any
27
person, association, or organization to engage in the manufacturing,
28
selling, distributing, or otherwise supplying of devices, equipment,
29
software, hardware, or any gambling-related services for use within
30
this state for those activities authorized by this chapter. The
31
commission may authorize the director to temporarily issue or suspend
32
licenses subject to final action by the commission;
33
(5) To establish a schedule of annual license fees for carrying
34
on specific gambling activities upon the premises, and for such other
35
activities as may be licensed by the commission, which fees shall
36
provide to the commission not less than an amount of money adequate
37
to cover all costs incurred by the commission relative to licensing
38
under this chapter and the enforcement by the commission of the
39
provisions of this chapter and rules and regulations adopted pursuant
40
p. 7
2SHB 2014.SL
thereto: PROVIDED, That all licensing fees shall be submitted with an
1
application therefor and such portion of said fee as the commission
2
may determine, based upon its cost of processing and investigation,
3
shall be retained by the commission upon the withdrawal or denial of
4
any such license application as its reasonable expense for processing
5
the application and investigation into the granting thereof: PROVIDED
6
FURTHER, That if in a particular case the basic license fee
7
established by the commission for a particular class of license is
8
less than the commission's actual expenses to investigate that
9
particular application, the commission may at any time charge to that
10
applicant such additional fees as are necessary to pay the commission
11
for those costs. The commission may decline to proceed with its
12
investigation and no license shall be issued until the commission has
13
been fully paid therefor by the applicant: AND PROVIDED FURTHER, That
14
the commission may establish fees for the furnishing by it to
15
licensees of identification stamps to be affixed to such devices and
16
equipment as required by the commission and for such other special
17
services or programs required or offered by the commission, the
18
amount of each of these fees to be not less than is adequate to
19
offset the cost to the commission of the stamps and of administering
20
their dispersal to licensees or the cost of administering such other
21
special services, requirements or programs;
22
(6) To prescribe the manner and method of payment of taxes, fees
23
and penalties to be paid to or collected by the commission;
24
(7) To require that applications for all licenses contain such
25
information as may be required by the commission: PROVIDED, That all
26
persons (a) having a managerial or ownership interest in any gambling
27
activity, or the building in which any gambling activity occurs, or
28
the equipment to be used for any gambling activity, (b) participating
29
as an employee in the operation of any gambling activity, or (c)
30
participating as an employee in the operation, management, or
31
providing of gambling-related services for sports wagering, shall be
32
listed on the application for the license and the applicant shall
33
certify on the application, under oath, that the persons named on the
34
application are all of the persons known to have an interest in any
35
gambling activity, building, or equipment by the person making such
36
application: PROVIDED FURTHER, That the commission shall require
37
fingerprinting and national criminal history background checks on any
38
persons seeking licenses, certifications, or permits under this
39
chapter or of any person holding an interest in any gambling
40
p. 8
2SHB 2014.SL
activity, building, or equipment to be used therefor, or of any
1
person participating as an employee in the operation of any gambling
2
activity. All national criminal history background checks shall be
3
conducted
using
fingerprints
submitted
to
the
United
States
4
department of justice-federal bureau of investigation. The commission
5
must establish rules to delineate which persons named on the
6
application are subject to national criminal history background
7
checks. In identifying these persons, the commission must take into
8
consideration the nature, character, size, and scope of the gambling
9
activities requested by the persons making such applications;
10
(8) To require that any license holder maintain records as
11
directed by the commission and submit such reports as the commission
12
may deem necessary;
13
(9) To require that all income from bingo games, raffles, and
14
amusement games be recorded and reported as established by rule or
15
regulation of the commission to the extent deemed necessary by
16
considering the scope and character of the gambling activity in such
17
a manner that will disclose gross income from any gambling activity,
18
amounts received from each player, the nature and value of prizes,
19
and the fact of distributions of such prizes to the winners thereof;
20
(10) To regulate and establish maximum limitations on income
21
derived from bingo. In establishing limitations pursuant to this
22
subsection the commission shall take into account (a) the nature,
23
character, and scope of the activities of the licensee; (b) the
24
source of all other income of the licensee; and (c) the percentage or
25
extent to which income derived from bingo is used for charitable, as
26
distinguished from nonprofit, purposes. However, the commission's
27
powers and duties granted by this subsection are discretionary and
28
not mandatory;
29
(11) To regulate and establish the type and scope of and manner
30
of conducting the gambling activities authorized by this chapter,
31
including but not limited to, the extent of wager, money, or other
32
thing of value which may be wagered or contributed or won by a player
33
in any such activities;
34
(12) To regulate the collection of and the accounting for the fee
35
which may be imposed by an organization, corporation, or person
36
licensed to conduct a social card game on a person desiring to become
37
a player in a social card game in accordance with RCW 9.46.0282;
38
p. 9
2SHB 2014.SL
(13) To cooperate with and secure the cooperation of county,
1
city, and other local or state agencies in investigating any matter
2
within the scope of its duties and responsibilities;
3
(14) In accordance with RCW 9.46.080, to adopt such rules and
4
regulations as are deemed necessary to carry out the purposes and
5
provisions of this chapter. All rules and regulations shall be
6
adopted pursuant to the administrative procedure act, chapter 34.05
7
RCW;
8
(15) To set forth for the perusal of counties, city-counties,
9
cities and towns, model ordinances by which any legislative authority
10
thereof may enter into the taxing of any gambling activity authorized
11
by this chapter;
12
(16)(a) To establish and regulate a maximum limit on salaries or
13
wages which may be paid to persons employed in connection with
14
activities
conducted
by
bona
fide
charitable
or
nonprofit
15
organizations and authorized by this chapter, where payment of such
16
persons is allowed, and to regulate and establish maximum limits for
17
other expenses in connection with such authorized activities,
18
including but not limited to rent or lease payments. However, the
19
commissioner's powers and duties granted by this subsection are
20
discretionary and not mandatory.
21
(b) In establishing these maximum limits the commission shall
22
take into account the amount of income received, or expected to be
23
received, from the class of activities to which the limits will apply
24
and the amount of money the games could generate for authorized
25
charitable or nonprofit purposes absent such expenses. The commission
26
may also take into account, in its discretion, other factors,
27
including but not limited to, the local prevailing wage scale and
28
whether charitable purposes are benefited by the activities;
29
(17) To authorize, require, and issue for a period not to exceed
30
one year such licenses or permits, for which the commission may by
31
rule provide, to any person to work for any operator of any gambling
32
activity authorized by this chapter in connection with that activity,
33
or any manufacturer, supplier, or distributor of devices for those
34
activities in connection with such business. The commission may
35
authorize the director to temporarily issue or suspend licenses
36
subject to final action by the commission. The commission shall not
37
require that persons working solely as volunteers in an authorized
38
activity conducted by a bona fide charitable or bona fide nonprofit
39
organization, who receive no compensation of any kind for any purpose
40
p. 10
2SHB 2014.SL
from that organization, and who have no managerial or supervisory
1
responsibility in connection with that activity, be licensed to do
2
such work. The commission may require that licensees employing such
3
unlicensed volunteers submit to the commission periodically a list of
4
the names, addresses, and dates of birth of the volunteers. If any
5
volunteer is not approved by the commission, the commission may
6
require that the licensee not allow that person to work in connection
7
with the licensed activity;
8
(18) To publish and make available at the office of the
9
commission or elsewhere to anyone requesting it a list of the
10
commission licensees, including the name, address, type of license,
11
and license number of each licensee;
12
(19) To establish guidelines for determining what constitutes
13
active membership in bona fide nonprofit or charitable organizations
14
for the purposes of this chapter;
15
(20) To renew the license of every person who applies for renewal
16
within six months after being ((honorably)) discharged, removed, or
17
released from active military service in the armed forces of the
18
United States with a qualifying discharge as defined in section 4 of
19
this act, upon payment of the renewal fee applicable to the license
20
period, if there is no cause for denial, suspension, or revocation of
21
the license;
22
(21) To authorize, require, and issue, for a period not to exceed
23
one year, such licenses as the commission may by rule provide, to any
24
person, association, or organization that engages in any sports
25
wagering-related services for use within this state for sports
26
wagering activities authorized by this chapter. The commission may
27
authorize the director to temporarily issue or suspend licenses
28
subject to final action by the commission;
29
(22) To issue licenses under subsections (1) through (4) of this
30
section that are valid for a period of up to eighteen months, if it
31
chooses to do so, in order to transition to the use of the business
32
licensing services program through the department of revenue; and
33
(23) To perform all other matters and things necessary to carry
34
out the purposes and provisions of this chapter.
35
Sec. 10. RCW 28A.230.120 and 2022 c 224 s 2 are each amended to
36
read as follows:
37
(1) School districts shall issue diplomas to students signifying
38
graduation
from
high
school
upon
the
students'
satisfactory
39
p. 11
2SHB 2014.SL
completion of all local and state graduation requirements. Districts
1
shall grant students the option of receiving a final transcript in
2
addition to the regular diploma.
3
(2) School districts or schools of attendance shall establish
4
policies and procedures to notify senior students of the transcript
5
option and shall direct students to indicate their decisions in a
6
timely manner. School districts shall make appropriate provisions to
7
assure that students who choose to receive a copy of their final
8
transcript shall receive such transcript after graduation.
9
(3)(a) A school district may issue a high school diploma to a
10
person who:
11
(i) Is ((an honorably discharged member)) a veteran of the armed
12
forces of the United States with a qualifying discharge as defined in
13
section 4 of this act; and
14
(ii) Left high school before graduation to serve in World War II,
15
the Korean conflict, or the Vietnam era as defined in RCW 41.04.005.
16
(b) A school district may issue a diploma to or on behalf of a
17
person
otherwise
eligible
under
(a)
of
this
subsection
18
notwithstanding the fact that the person holds a high school
19
equivalency certification or is deceased.
20
(c) The superintendent of public instruction shall adopt a form
21
for a diploma application to be used by a veteran or a person acting
22
on behalf of a deceased veteran under this subsection (3). The
23
superintendent of public instruction shall specify what constitutes
24
acceptable evidence of eligibility for a diploma.
25
(4)(a) A school district, at the request of the parent, guardian,
26
or custodian, may issue a posthumous high school diploma for a
27
deceased student if the student:
28
(i) Was enrolled in a public school of the district at the time
29
of death;
30
(ii) Was deemed on-track for graduation before the time of death;
31
and
32
(iii) Died after matriculating into high school.
33
(b) A high school diploma issued under this subsection (4) must
34
bear the inscription "honoris causa" and may not be issued before the
35
graduation date of the class in which the student was enrolled.
36
(c) Nothing in this subsection (4):
37
(i) Obligates school districts to award a diploma for a deceased
38
student at the same ceremony or event as other graduating students;
39
or
40
p. 12
2SHB 2014.SL
(ii) Limits the retroactive issuance of a high school diploma.
1
(d) Diplomas issued under this subsection (4) may not be applied
2
toward student graduation counts or for any other purpose of federal
3
and state accountability data collection.
4
Sec. 11. RCW 28B.15.012 and 2022 c 249 s 1 are each amended to
5
read as follows:
6
Whenever used in this chapter:
7
(1) The term "institution" shall mean a public university,
8
college, or community or technical college within the state of
9
Washington.
10
(2) The term "resident student" shall mean:
11
(a) A financially independent student who has had a domicile in
12
the state of Washington for the period of one year immediately prior
13
to the time of commencement of the first day of the semester or
14
quarter for which the student has registered at any institution and
15
has in fact established a bona fide domicile in this state primarily
16
for purposes other than educational;
17
(b) A dependent student, if one or both of the student's parents
18
or legal guardians have maintained a bona fide domicile in the state
19
of Washington for at least one year immediately prior to commencement
20
of the semester or quarter for which the student has registered at
21
any institution;
22
(c) A student classified as a resident based upon domicile by an
23
institution on or before May 31, 1982, who was enrolled at a state
24
institution during any term of the 1982-1983 academic year, so long
25
as such student's enrollment (excepting summer sessions) at an
26
institution in this state is continuous;
27
(d) Any student who has spent at least seventy-five percent of
28
both his or her junior and senior years in high schools in this
29
state, whose parents or legal guardians have been domiciled in the
30
state for a period of at least one year within the five-year period
31
before the student graduates from high school, and who enrolls in a
32
public institution of higher education within six months of leaving
33
high school, for as long as the student remains continuously enrolled
34
for three quarters or two semesters in any calendar year;
35
(e) Any person who has completed and obtained a high school
36
diploma, or a person who has received the equivalent of a diploma;
37
who has continuously lived in the state of Washington for at least a
38
year primarily for purposes other than postsecondary education before
39
p. 13
2SHB 2014.SL
the individual is admitted to an institution of higher education
1
under subsection (1) of this section; and who provides to the
2
institution an affidavit indicating that the individual will file an
3
application
to
become
a
permanent
resident
at
the
earliest
4
opportunity the individual is eligible to do so and a willingness to
5
engage in any other activities necessary to acquire citizenship,
6
including but not limited to citizenship or civics review courses;
7
(f) Any person who has lived in Washington, primarily for
8
purposes other than postsecondary education, for at least one year
9
immediately before the date on which the person has enrolled in an
10
institution, and who holds lawful nonimmigrant status pursuant to 8
11
U.S.C. Sec. (a)(15) (E)(iii), (H)(i), or (L), or who holds lawful
12
nonimmigrant status as the spouse or child of a person having
13
nonimmigrant status under one of those subsections, or who, holding
14
or having previously held such lawful nonimmigrant status as a
15
principal or derivative, has filed an application for adjustment of
16
status pursuant to 8 U.S.C. Sec. 1255(a);
17
(g) A student who is on active military duty stationed in the
18
state or who is a member of the Washington national guard;
19
(h) A student who is on active military duty or a member of the
20
Washington national guard who meets the following conditions:
21
(i) Entered service as a Washington resident;
22
(ii) Has maintained a Washington domicile; and
23
(iii) Is stationed out-of-state;
24
(i) A student who is on active military duty who is stationed
25
out-of-state after having been stationed in Washington and is either:
26
(i) Admitted to an institution of higher education in Washington
27
before the reassignment and enrolls in that institution for the term
28
the student was admitted;
29
(ii) Enrolled in an institution of higher education in Washington
30
and remains continuously enrolled at the institution; or
31
(iii) Enrolls in an institution of higher education in Washington
32
within three years from the date of reassignment out-of-state;
33
(j) A student who is the spouse, state registered domestic
34
partner, or a dependent as defined in Title 10 U.S.C. Sec. 1072(2) as
35
it existed on January 18, 2022, or such subsequent date as the
36
student achievement council may determine by rule of a person defined
37
in (g) or (h) of this subsection. If the person defined in (g) of
38
this subsection is reassigned out-of-state, the student maintains the
39
status as a resident student so long as the student is either:
40
p. 14
2SHB 2014.SL
(i) Admitted to an institution before the reassignment and
1
enrolls in that institution for the term the student was admitted;
2
(ii) Enrolled in an institution and remains continuously enrolled
3
at the institution; or
4
(iii)
Enrolled
in
an
institution
of
higher
education
in
5
Washington within three years from the date of reassignment out-of-
6
state;
7
(k) A student who is eligible for veterans administration
8
educational assistance or rehabilitation benefits under Title 38
9
U.S.C. or educational assistance under Title 10 U.S.C. chapter 1606
10
as the titles existed on January 18, 2022, or such subsequent date as
11
the student achievement council may determine by rule;
12
(l) A student who has separated or retired from the uniformed
13
services with at least 10 years of ((honorable)) service and at least
14
90 days of active duty service, with a qualifying discharge as
15
defined in section 4 of this act, and who enters an institution of
16
higher education in Washington within three years of the date of
17
separation or retirement;
18
(m) A student who is the spouse, state registered domestic
19
partner, or child under the age of 26 years of an individual who has
20
separated or retired from the uniformed services with at least 10
21
years of ((honorable)) service and at least 90 days of active duty
22
service, with a qualifying discharge as defined in section 4 of this
23
act, and who enters an institution of higher education in Washington
24
within three years of the service member's date of separation or
25
retirement;
26
(n) A student who has separated from the uniformed services who
27
was discharged ((due to the student's sexual orientation or gender
28
identity or expression)) for a reason described in section 4(1)(d) of
29
this act;
30
(o) A student who is defined as a covered individual in 38 U.S.C.
31
Sec. 3679(c)(2) as it existed on January 18, 2022, or such subsequent
32
date as the student achievement council may determine by rule;
33
(p) A student of an out-of-state institution of higher education
34
who is attending a Washington state institution of higher education
35
pursuant to a home tuition agreement as described in RCW 28B.15.725;
36
(q) A student who meets the requirements of RCW 28B.15.0131 or
37
28B.15.0139: PROVIDED, That a nonresident student enrolled for more
38
than six hours per semester or quarter shall be considered as
39
attending for primarily educational purposes, and for tuition and fee
40
p. 15
2SHB 2014.SL
paying purposes only such period of enrollment shall not be counted
1
toward the establishment of a bona fide domicile of one year in this
2
state unless such student proves that the student has in fact
3
established a bona fide domicile in this state primarily for purposes
4
other than educational;
5
(r) A student who resides in Washington and is on active military
6
duty stationed in the Oregon counties of Columbia, Gilliam, Hood
7
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla,
8
Union, Wallowa, Wasco, or Washington; or
9
(s) A student who resides in Washington and is the spouse or a
10
dependent of a person defined in (r) of this subsection. If the
11
person defined in (r) of this subsection moves from Washington or is
12
reassigned out of the Oregon counties of Columbia, Gilliam, Hood
13
River, Multnomah, Clatsop, Clackamas, Morrow, Sherman, Umatilla,
14
Union, Wallowa, Wasco, or Washington, the student maintains the
15
status as a resident student so long as the student resides in
16
Washington and is either:
17
(i) Admitted to an institution before the reassignment and
18
enrolls in that institution for the term the student was admitted; or
19
(ii) Enrolled in an institution and remains continuously enrolled
20
at the institution.
21
(3)(a) A student who qualifies under subsection (2)(k), (l), (m),
22
(n), or (o) of this section and who remains continuously enrolled at
23
an institution of higher education shall retain resident student
24
status.
25
(b) Nothing in subsection (2)(k), (l), (m), (((n),)) or (o) of
26
this section applies to students who have a bad conduct discharge,
27
officer dismissal, or dishonorable discharge from the uniformed
28
services, or to students who are the spouse or child of an individual
29
who has ((had)) a bad conduct discharge, officer dismissal, or
30
dishonorable discharge from the uniformed services, unless the
31
student is receiving veterans administration educational assistance
32
benefits.
33
(4) The term "nonresident student" shall mean any student who
34
does not qualify as a "resident student" under the provisions of this
35
section and RCW 28B.15.013. Except for students qualifying under
36
subsection (2)(e) or (p) of this section, a nonresident student shall
37
include:
38
(a) A student attending an institution with the aid of financial
39
assistance provided by another state or governmental unit or agency
40
p. 16
2SHB 2014.SL
thereof, such nonresidency continuing for one year after the
1
completion of such semester or quarter. This condition shall not
2
apply to students from Columbia, Multnomah, Clatsop, Clackamas, or
3
Washington county, Oregon participating in the border county pilot
4
project under RCW 28B.76.685, 28B.76.690, and 28B.15.0139.
5
(b) A person who is not a citizen of the United States of
6
America, unless the person meets and complies with all applicable
7
requirements in this section and RCW 28B.15.013 and is one of the
8
following:
9
(i) A lawful permanent resident;
10
(ii) A temporary resident;
11
(iii)
A
person
who
holds
"refugee-parolee,"
"conditional
12
entrant," or U or T nonimmigrant status with the United States
13
citizenship and immigration services;
14
(iv) A person who has been issued an employment authorization
15
document by the United States citizenship and immigration services
16
that is valid as of the date the person's residency status is
17
determined;
18
(v) A person who has been granted deferred action for childhood
19
arrival status before, on, or after June 7, 2018, regardless of
20
whether the person is no longer or will no longer be granted deferred
21
action
for
childhood
arrival
status
due
to
the
termination,
22
suspension, or modification of the deferred action for childhood
23
arrival program; or
24
(vi) A person who is otherwise permanently residing in the United
25
States under color of law, including deferred action status.
26
(5) The term "domicile" shall denote a person's true, fixed and
27
permanent home and place of habitation. It is the place where the
28
student intends to remain, and to which the student expects to return
29
when the student leaves without intending to establish a new domicile
30
elsewhere. The burden of proof that a student, parent or guardian has
31
established a domicile in the state of Washington primarily for
32
purposes other than educational lies with the student.
33
(6) The term "dependent" shall mean a person who is not
34
financially independent. Factors to be considered in determining
35
whether a person is financially independent shall be set forth in
36
rules adopted by the student achievement council and shall include,
37
but not be limited to, the state and federal income tax returns of
38
the person and/or the student's parents or legal guardian filed for
39
p. 17
2SHB 2014.SL
the calendar year prior to the year in which application is made and
1
such other evidence as the council may require.
2
(7) The term "active military duty" means the person is serving
3
on active duty in:
4
(a) The armed forces of the United States government; or
5
(b) The Washington national guard; or
6
(c) The coast guard, merchant mariners, or other nonmilitary
7
organization when such service is recognized by the United States
8
government as equivalent to service in the armed forces.
9
(8) The term "active duty service" means full-time duty, other
10
than active duty for training, as a member of the uniformed services
11
of the United States. Active duty service as a national guard member
12
under Title 32 U.S.C. for the purpose of organizing, administering,
13
recruiting, instructing, or training and active service under Title
14
32 U.S.C. Sec. 502(f) for the purpose of responding to a national
15
emergency is recognized as active duty service.
16
(9) The term "uniformed services" is defined by Title 10 U.S.C.;
17
subsequently structured and organized by Titles 14, 33, and 42
18
U.S.C.; consisting of the United States army, United States marine
19
corps, United States navy, United States air force, United States
20
coast guard, United States space force, United States public health
21
service commissioned corps, and the national oceanic and atmospheric
22
administration commissioned officer corps.
23
(10) "Washington national guard" means that part of the military
24
force of the state that is organized, equipped, and federally
25
recognized under the provisions of the national defense act of the
26
United States, and in the event the national guard is called into
27
federal service or in the event the state guard or any part or
28
individual member thereof is called into active state service by the
29
commander-in-chief. National guard service includes being subject to
30
call up for active duty under Title 32 U.S.C. or Title 10 U.S.C.
31
status or when called to state active service by the governor under
32
the provisions of RCW 38.08.040.
33
(11) "Child" includes, but is not limited to:
34
(a) A legitimate child;
35
(b) An adopted child;
36
(c) A stepchild;
37
(d) A foster child; and
38
(e) A legal dependent.
39
p. 18
2SHB 2014.SL
Sec. 12. RCW 28B.15.621 and 2022 c 45 s 1 are each amended to
1
read as follows:
2
(1) The legislature finds that active military and naval
3
veterans, reserve military and naval veterans, and national guard
4
members called to active duty have served their country and have
5
risked their lives to defend the lives of all Americans and the
6
freedoms that define and distinguish our nation. The legislature
7
intends to honor active military and naval veterans, reserve military
8
and naval veterans, and national guard members who have served on
9
active military or naval duty for the public service they have
10
provided to this country.
11
(2) Subject to the limitations in RCW 28B.15.910, the governing
12
boards of the state universities, the regional universities, The
13
Evergreen State College, and the community and technical colleges,
14
may waive all or a portion of tuition and fees for an eligible
15
veteran or national guard member.
16
(3) The governing boards of the state universities, the regional
17
universities, The Evergreen State College, and the community and
18
technical colleges, may waive all or a portion of tuition and fees
19
for a military or naval veteran who is a Washington domiciliary, but
20
who did not serve on foreign soil or in international waters or in
21
another location in support of those serving on foreign soil or in
22
international waters and who does not qualify as an eligible veteran
23
or national guard member under subsection (8) of this section.
24
However, there shall be no state general fund support for waivers
25
granted under this subsection.
26
(4) Subject to the conditions in subsection (5) of this section
27
and the limitations in RCW 28B.15.910, the governing boards of the
28
state universities, the regional universities, The Evergreen State
29
College, and the community and technical colleges, shall waive all
30
tuition and fees for the following persons:
31
(a) A child and the spouse or the domestic partner or surviving
32
spouse or surviving domestic partner of an eligible veteran or
33
national guard member who became totally disabled as a result of
34
serving in active federal military or naval service, or who is
35
determined by the federal government to be a prisoner of war or
36
missing in action; and
37
(b) A child and the surviving spouse or surviving domestic
38
partner of an eligible veteran or national guard member who lost his
39
p. 19
2SHB 2014.SL
or her life as a result of serving in active federal military or
1
naval service.
2
(5) The conditions in this subsection (5) apply to waivers under
3
subsection (4) of this section.
4
(a) A child must be a Washington domiciliary between the age of
5
seventeen and twenty-six to be eligible for the tuition waiver. A
6
child's marital status does not affect eligibility.
7
(b)(i) A surviving spouse or surviving domestic partner must be a
8
Washington domiciliary.
9
(ii)(A) A surviving spouse or surviving domestic partner of the
10
eligible veteran or national guard member has ten years to receive
11
benefits under the waiver from whichever date occurs last:
12
(I) The date of the death;
13
(II) The date of total disability;
14
(III) Federal determination of service-connected death or total
15
disability; or
16
(IV) Federal determination of prisoner of war or missing in
17
action status.
18
(B) Upon remarriage or registration in a subsequent domestic
19
partnership, the surviving spouse or surviving domestic partner is
20
ineligible for the waiver of all tuition and fees.
21
(c) Each recipient's continued participation is subject to the
22
school's satisfactory progress policy.
23
(d) Tuition waivers for graduate students are not required for
24
those who qualify under subsection (4) of this section but are
25
encouraged.
26
(e) Recipients who receive a waiver under subsection (4) of this
27
section may attend full-time or part-time. Total credits earned using
28
the waiver may not exceed two hundred fifty quarter credits, or the
29
equivalent of semester credits.
30
(f) Subject to amounts appropriated, recipients who receive a
31
waiver under subsection (4) of this section shall also receive a
32
stipend for textbooks and course materials in the amount of five
33
hundred dollars per academic year, to be divided equally among
34
academic terms and prorated for part-time enrollment.
35
(6) Required waivers of all tuition and fees under subsection (4)
36
of this section shall not affect permissive waivers of tuition and
37
fees under subsection (3) of this section.
38
p. 20
2SHB 2014.SL
(7) Private vocational schools and private higher education
1
institutions are encouraged to provide waivers consistent with the
2
terms in subsections (2) through (5) of this section.
3
(8) The definitions in this subsection apply throughout this
4
section.
5
(a)
"Child"
means
a
biological
child,
adopted
child,
or
6
stepchild.
7
(b)
"Eligible
veteran
or
national
guard
member"
means
a
8
Washington domiciliary who was an active or reserve member of the
9
United States military or naval forces, or a national guard member
10
called to active duty, who served in active federal service, under
11
either Title 10 or Title 32 of the United States Code, in a war or
12
conflict fought on foreign soil or in international waters or in
13
support of those serving on foreign soil or in international waters,
14
and if discharged from service, has ((received an honorable discharge
15
or any other discharge if the sole reason for discharge is due to
16
gender or sexuality)) a qualifying discharge as defined in section 4
17
of this act.
18
(c) "Totally disabled" means a person who has been determined to
19
be one hundred percent disabled by the federal department of veterans
20
affairs.
21
(d) "Washington domiciliary" means a person whose true, fixed,
22
and permanent house and place of habitation is the state of
23
Washington. "Washington domiciliary" includes a person who is
24
residing in rental housing or residing in base housing. In
25
ascertaining whether a child or surviving spouse or surviving
26
domestic partner is domiciled in the state of Washington, public
27
institutions of higher education shall, to the fullest extent
28
possible, rely upon the standards provided in RCW 28B.15.013.
29
(9) As used in subsection (4) of this section, "fees" includes
30
all assessments for costs incurred as a condition to a student's full
31
participation in coursework and related activities at an institution
32
of higher education.
33
(10) The governing boards of the state universities, the regional
34
universities, The Evergreen State College, and the community and
35
technical colleges shall report to the higher education committees of
36
the legislature by November 15, 2010, and every two years thereafter,
37
regarding
the
status
of
implementation
of
the
waivers
under
38
subsection (4) of this section. The reports shall include the
39
following data and information:
40
p. 21
2SHB 2014.SL
(a) Total number of waivers;
1
(b) Total amount of tuition waived;
2
(c) Total amount of fees waived;
3
(d) Average amount of tuition and fees waived per recipient;
4
(e) Recipient demographic data that is disaggregated by distinct
5
ethnic categories within racial subgroups; and
6
(f) Recipient income level, to the extent possible.
7
Sec. 13. RCW 28B.102.020 and 2019 c 295 s 211 are each amended
8
to read as follows:
9
Unless the context clearly requires otherwise, the definitions in
10
this section apply throughout this chapter.
11
(1) "Approved education program" means an education program in a
12
common school as defined in RCW 28A.150.020.
13
(2) "Certificate" or "certificated" does not include a limited or
14
conditioned certificate.
15
(3)
"Certificated
employee"
has
the
definition
in
RCW
16
28A.150.203. "Certificated employee" does not include a paraeducator.
17
(4) "Conditional scholarship" means a loan that is forgiven in
18
whole or in part in exchange for service as a certificated employee
19
in an approved education program.
20
(5)
"Eligible
veteran
or
national
guard
member"
means
a
21
Washington domiciliary who was an active or reserve member of the
22
United States military or naval forces, or a national guard member
23
called to active duty, who served in active federal service, under
24
either Title 10 or Title 32 of the United States Code, in a war or
25
conflict fought on foreign soil or in international waters or in
26
another location in support of those serving on foreign soil or in
27
international waters, and if discharged from service, has ((received
28
an honorable discharge)) a qualifying discharge as defined in section
29
4 of this act.
30
(6) "Forgiven" or "to forgive" or "forgiveness" means that all or
31
part of a loan is canceled in exchange for service as a certificated
32
employee in an approved education program.
33
(7) "Institution of higher education" or "institution" means a
34
college or university in the state of Washington that is accredited
35
by an accrediting association recognized as such by rule of the
36
student achievement council.
37
p. 22
2SHB 2014.SL
(8) "Loan repayment" means a federal student loan that is repaid
1
in whole or in part if the borrower serves as a certificated employee
2
in an approved education program.
3
(9) "Office" means the office of student financial assistance.
4
(10) "Participant" means a person who has received a conditional
5
scholarship or loan repayment under this chapter.
6
(11) "Public school" has the same meaning as in RCW 28A.150.010.
7
(12) "Shortage area" means an endorsement or geographic area as
8
defined by the Washington professional educator standards board, in
9
consultation with the office of the superintendent of public
10
instruction, with a shortage of certificated employees. "Shortage
11
area" must be defined biennially using quantitative and qualitative
12
measures.
13
Sec. 14. RCW 41.04.010 and 2017 c 97 s 2 are each amended to
14
read as follows:
15
In all competitive examinations, unless otherwise provided in
16
this section, to determine the qualifications of applicants for
17
public offices, positions, or employment, either the state, and all
18
of its political subdivisions and all municipal corporations, or
19
private companies or agencies contracted with by the state to give
20
the competitive examinations shall give a scoring criteria status to
21
all veterans as defined in RCW 41.04.007, by adding to the passing
22
mark, grade or rating only, based upon a possible rating of one
23
hundred points as perfect a percentage in accordance with the
24
following:
25
(1) Ten percent to a veteran who served during a period of war or
26
in an armed conflict as defined in RCW 41.04.005 and does not receive
27
military retirement. The percentage shall be added to the passing
28
mark, grade, or rating of competitive examinations until the
29
veteran's first appointment. The percentage shall not be utilized in
30
promotional examinations;
31
(2) Five percent to a veteran who did not serve during a period
32
of war or in an armed conflict as defined in RCW 41.04.005 or is
33
receiving military retirement. The percentage shall be added to the
34
passing mark, grade, or rating of competitive examinations until the
35
veteran's first appointment. The percentage shall not be utilized in
36
promotional examinations;
37
(3) Five percent to a veteran who was called to active military
38
service from employment with the state or any of its political
39
p. 23
2SHB 2014.SL
subdivisions or municipal corporations. The percentage shall be added
1
to promotional examinations until the first promotion only;
2
(4) All veterans' scoring criteria may be claimed:
3
(a) Upon release from active military service with ((an honorable
4
discharge or a discharge for medical reasons with an honorable
5
record, where applicable)) a qualifying discharge as defined in
6
section 4 of this act; or
7
(b) Upon receipt of a United States department of defense
8
discharge document DD form 214, NGB form 22, or their equivalent or
9
successor
discharge
paperwork,
that
characterizes
his
or
her
10
((service)) discharge as ((honorable)) a qualifying discharge as
11
defined in section 4 of this act.
12
Sec. 15. RCW 41.06.133 and 2023 c 148 s 1 are each amended to
13
read as follows:
14
(1) The director shall adopt rules, consistent with the purposes
15
and provisions of this chapter and with the best standards of
16
personnel administration, regarding the basis and procedures to be
17
followed for:
18
(a) The reduction, dismissal, suspension, or demotion of an
19
employee;
20
(b) Training and career development;
21
(c) Probationary periods of six to twelve months and rejections
22
of probationary employees, depending on the job requirements of the
23
class, except as follows:
24
(i) Entry-level state park rangers shall serve a probationary
25
period of twelve months; and
26
(ii) The probationary period of campus police officer appointees
27
who are required to attend the Washington state criminal justice
28
training commission basic law enforcement academy shall extend from
29
the date of appointment until twelve months from the date of
30
successful completion of the basic law enforcement academy, or twelve
31
months from the date of appointment if academy training is not
32
required. The director shall adopt rules to ensure that employees
33
promoting to campus police officer who are required to attend the
34
Washington state criminal justice training commission basic law
35
enforcement academy shall have the trial service period extend from
36
the date of appointment until twelve months from the date of
37
successful completion of the basic law enforcement academy, or twelve
38
p. 24
2SHB 2014.SL
months from the date of appointment if academy training is not
1
required;
2
(d) Transfers;
3
(e) Promotional preferences;
4
(f) Sick leaves and vacations;
5
(g) Hours of work;
6
(h) Layoffs when necessary and subsequent reemployment, except
7
for the financial basis for layoffs;
8
(i) The number of names to be certified for vacancies;
9
(j) Subject to RCW 41.04.820, adoption and revision of a state
10
salary schedule to reflect the prevailing rates in Washington state
11
private industries and other governmental units;
12
(k) Increment increases within the series of steps for each pay
13
grade based on length of service for all employees whose standards of
14
performance are such as to permit them to retain job status in the
15
classified service;
16
(l) Optional lump sum relocation compensation approved by the
17
agency director, whenever it is reasonably necessary that a person
18
make a domiciliary move in accepting a transfer or other employment
19
with the state. An agency must provide lump sum compensation within
20
existing resources. If the person receiving the relocation payment
21
terminates or causes termination with the state, for reasons other
22
than layoff, disability separation, or other good cause as determined
23
by an agency director, within one year of the date of the employment,
24
the state is entitled to reimbursement of the lump sum compensation
25
from the person;
26
(m) Providing for veteran's preference as required by existing
27
statutes, with recognition of preference in regard to layoffs and
28
subsequent reemployment for veterans and their surviving spouses by
29
giving such eligible veterans and their surviving spouses additional
30
credit in computing their seniority by adding to their unbroken state
31
service, as defined by the director, the veteran's service in the
32
military not to exceed five years. For the purposes of this section,
33
"veteran" means any person who has one or more years of active
34
military service in any branch of the armed forces of the United
35
States or who has less than one year's service and is discharged with
36
a disability incurred in the line of duty or is discharged at the
37
convenience of the government and who, upon termination of such
38
service, has received ((an honorable discharge, a discharge for
39
physical reasons with an honorable record, or a release from active
40
p. 25
2SHB 2014.SL
military service with evidence of service other than that for which
1
an undesirable, bad conduct, or dishonorable discharge shall be
2
given)) a qualifying discharge as defined in section 4 of this act.
3
However, the surviving spouse of a veteran is entitled to the
4
benefits of this section regardless of the veteran's length of active
5
military service. For the purposes of this section, "veteran" does
6
not include any person who has voluntarily retired with twenty or
7
more years of active military service and whose military retirement
8
pay is in excess of five hundred dollars per month.
9
(2) Rules adopted under this section by the director shall
10
provide for local administration and management by the institutions
11
of higher education and related boards, subject to periodic audit and
12
review by the director.
13
(3) Rules adopted by the director under this section may be
14
superseded by the provisions of a collective bargaining agreement
15
negotiated under RCW 41.80.001 and 41.80.010 through 41.80.130. The
16
supersession of such rules shall only affect employees in the
17
respective collective bargaining units.
18
Sec. 16. RCW 41.08.040 and 1993 c 47 s 4 are each amended to
19
read as follows:
20
Immediately after appointment the commission shall organize by
21
electing one of its members chair and hold regular meetings at least
22
once a month, and such additional meetings as may be required for the
23
proper discharge of their duties.
24
They shall appoint a secretary and chief examiner, who shall keep
25
the records of the commission, preserve all reports made to it,
26
superintend and keep a record of all examinations held under its
27
direction, and perform such other duties as the commission may
28
prescribe.
29
The secretary and chief examiner shall be appointed as a result
30
of competitive examination which examination may be either original
31
and open to all properly qualified citizens of the city, town or
32
municipality, or promotional and limited to persons already in the
33
service of the fire department or of the fire department and other
34
departments of said city, town or municipality, as the commission may
35
decide. The secretary and chief examiner may be subject to
36
suspension, reduction or discharge in the same manner and subject to
37
the same limitations as are provided in the case of members of the
38
p. 26
2SHB 2014.SL
fire department. It shall be the duty of the civil service
1
commission:
2
(1) To make suitable rules and regulations not inconsistent with
3
the provisions of this chapter. Such rules and regulations shall
4
provide in detail the manner in which examinations may be held, and
5
appointments,
promotions,
transfers,
reinstatements,
demotions,
6
suspensions and discharges shall be made, and may also provide for
7
any other matters connected with the general subject of personnel
8
administration, and which may be considered desirable to further
9
carry out the general purposes of this chapter, or which may be found
10
to be in the interest of good personnel administration. Such rules
11
and regulations may be changed from time to time. The rules and
12
regulations and any amendments thereof shall be printed, mimeographed
13
or multigraphed for free public distribution. Such rules and
14
regulations may be changed from time to time.
15
(2) All tests shall be practical, and shall consist only of
16
subjects which will fairly determine the capacity of persons examined
17
to perform duties of the position to which appointment is to be made,
18
and may include tests of physical fitness and/or of manual skill.
19
(3) The rules and regulations adopted by the commission shall
20
provide for a credit in accordance with RCW 41.04.010 in favor of all
21
applicants for appointment under civil service, who, in time of war,
22
or in any expedition of the armed forces of the United States, have
23
served in and been ((honorably)) discharged from the armed forces of
24
the United States, including the army, navy, and marine corps and the
25
American Red Cross, with a qualifying discharge as defined in section
26
4 of this act. These credits apply to entrance examinations only.
27
(4) The commission shall make investigations concerning and
28
report upon all matters touching the enforcement and effect of the
29
provisions of this chapter, and the rules and regulations prescribed
30
hereunder; inspect all institutions, departments, offices, places,
31
positions and employments affected by this chapter, and ascertain
32
whether this chapter and all such rules and regulations are being
33
obeyed. Such investigations may be made by the commission or by any
34
commissioner designated by the commission for that purpose. Not only
35
must these investigations be made by the commission as aforesaid, but
36
the commission must make like investigation on petition of a citizen,
37
duly verified, stating that irregularities or abuses exist, or
38
setting forth in concise language, in writing, the necessity for such
39
investigation. In the course of such investigation the commission or
40
p. 27
2SHB 2014.SL
designated commissioner, or chief examiner, shall have the power to
1
administer oaths, subpoena and require the attendance of witnesses
2
and the production by them of books, papers, documents and accounts
3
appertaining to the investigation and also to cause the deposition of
4
witnesses residing within or without the state to be taken in the
5
manner prescribed by law for like depositions in civil actions in the
6
superior court; and the oaths administered hereunder and the
7
subpoenas issued hereunder shall have the same force and effect as
8
the oaths administered by a superior court judge in his or her
9
judicial capacity; and the failure upon the part of any person so
10
subpoenaed to comply with the provisions of this section shall be
11
deemed a violation of this chapter, and punishable as such.
12
(5) All hearings and investigations before the commission, or
13
designated commissioner, or chief examiner, shall be governed by this
14
chapter and by rules of practice and procedure to be adopted by the
15
commission, and in the conduct thereof neither the commission, nor
16
designated commissioner shall be bound by the technical rules of
17
evidence. No informality in any proceedings or hearing, or in the
18
manner of taking testimony before the commission or designated
19
commissioner,
shall
invalidate
any
order,
decision,
rule
or
20
regulation made, approved or confirmed by the commission: PROVIDED,
21
HOWEVER, That no order, decision, rule or regulation made by any
22
designated commissioner conducting any hearing or investigation alone
23
shall be of any force or effect whatsoever unless and until concurred
24
in by at least one of the other two members.
25
(6) To hear and determine appeals or complaints respecting the
26
administrative work of the personnel department; appeals upon the
27
allocation of positions; the rejection of an examination, and such
28
other matters as may be referred to the commission.
29
(7) Establish and maintain in card or other suitable form a
30
roster of officers and employees.
31
(8) Provide for, formulate and hold competitive tests to
32
determine the relative qualifications of persons who seek employment
33
in any class or position and as a result thereof establish eligible
34
lists for the various classes of positions, and to provide that
35
persons laid off because of curtailment of expenditures, reduction in
36
force, and for like causes, head the list in the order of their
37
seniority, to the end that they shall be the first to be reemployed.
38
(9) When a vacant position is to be filled, to certify to the
39
appointing authority, on written request, the name of the person
40
p. 28
2SHB 2014.SL
highest on the eligible list for the class. If there are no such
1
lists, to authorize provisional or temporary appointment list of such
2
class. Such temporary or provisional appointment shall not continue
3
for a period longer than four months; nor shall any person receive
4
more than one provisional appointment or serve more than four months
5
as a provisional appointee in any one fiscal year.
6
(10) Keep such records as may be necessary for the proper
7
administration of this chapter.
8
Sec. 17. RCW 41.12.040 and 1993 c 47 s 5 are each amended to
9
read as follows:
10
Immediately after appointment the commission shall organize by
11
electing one of its members chair and hold regular meetings at least
12
once a month, and such additional meetings as may be required for the
13
proper discharge of their duties.
14
They shall appoint a secretary and chief examiner, who shall keep
15
the records for the commission, preserve all reports made to it,
16
superintend and keep a record of all examinations held under its
17
direction, and perform such other duties as the commission may
18
prescribe.
19
The secretary and chief examiner shall be appointed as a result
20
of competitive examination which examination may be either original
21
and open to all properly qualified citizens of the city, town, or
22
municipality, or promotional and limited to persons already in the
23
service of the police department or of the police department and
24
other departments of the city, town, or municipality, as the
25
commission may decide. The secretary and chief examiner may be
26
subject to suspension, reduction, or discharge in the same manner and
27
subject to the same limitations as are provided in the case of
28
members of the police department. It shall be the duty of the civil
29
service commission:
30
(1) To make suitable rules and regulations not inconsistent with
31
the provisions of this chapter. Such rules and regulations shall
32
provide in detail the manner in which examinations may be held, and
33
appointments,
promotions,
transfers,
reinstatements,
demotions,
34
suspensions, and discharges shall be made, and may also provide for
35
any other matters connected with the general subject of personnel
36
administration, and which may be considered desirable to further
37
carry out the general purposes of this chapter, or which may be found
38
to be in the interest of good personnel administration. Such rules
39
p. 29
2SHB 2014.SL
and regulations may be changed from time to time. The rules and
1
regulations
and
any
amendments
thereof
shall
be
printed,
2
mimeographed, or multigraphed for free public distribution. Such
3
rules and regulations may be changed from time to time;
4
(2) All tests shall be practical, and shall consist only of
5
subjects which will fairly determine the capacity of persons examined
6
to perform duties of the position to which appointment is to be made,
7
and may include tests of physical fitness and/or of manual skill;
8
(3) The rules and regulations adopted by the commission shall
9
provide for a credit in accordance with RCW 41.04.010 in favor of all
10
applicants for appointment under civil service, who, in time of war,
11
or in any expedition of the armed forces of the United States, have
12
served in and been ((honorably)) discharged from the armed forces of
13
the United States, including the army, navy, and marine corps and the
14
American Red Cross, with a qualifying discharge as defined in section
15
4 of this act. These credits apply to entrance examinations only;
16
(4) The commission shall make investigations concerning and
17
report upon all matters touching the enforcement and effect of the
18
provisions of this chapter, and the rules and regulations prescribed
19
hereunder; inspect all institutions, departments, offices, places,
20
positions, and employments affected by this chapter, and ascertain
21
whether this chapter and all such rules and regulations are being
22
obeyed. Such investigations may be made by the commission or by any
23
commissioner designated by the commission for that purpose. Not only
24
must these investigations be made by the commission, but the
25
commission must make like investigation on petition of a citizen,
26
duly verified, stating that irregularities or abuses exist, or
27
setting forth in concise language, in writing, the necessity for such
28
investigation. In the course of such investigation the commission or
29
designated commissioner, or chief examiner, shall have the power to
30
administer oaths, subpoena and require the attendance of witnesses
31
and the production by them of books, papers, documents, and accounts
32
appertaining to the investigation, and also to cause the deposition
33
of witnesses residing within or without the state to be taken in the
34
manner prescribed by law for like depositions in civil actions in the
35
superior court; and the oaths administered hereunder and the
36
subpoenas issued hereunder shall have the same force and effect as
37
the oaths administered by a superior court judge in his or her
38
judicial capacity; and the failure upon the part of any person so
39
p. 30
2SHB 2014.SL
subpoenaed to comply with the provisions of this section shall be
1
deemed a violation of this chapter, and punishable as such;
2
(5) Hearings and Investigations: How conducted. All hearings and
3
investigations before the commission, or designated commissioner, or
4
chief examiner, shall be governed by this chapter and by rules of
5
practice and procedure to be adopted by the commission, and in the
6
conduct thereof neither the commission, nor designated commissioner
7
shall be bound by the technical rules of evidence. No informality in
8
any proceedings or hearing, or in the manner of taking testimony
9
before the commission or designated commissioner, shall invalidate
10
any order, decision, rule or regulation made, approved or confirmed
11
by the commission: PROVIDED, HOWEVER, That no order, decision, rule
12
or regulation made by any designated commissioner conducting any
13
hearing or investigation alone shall be of any force or effect
14
whatsoever unless and until concurred in by at least one of the other
15
two members;
16
(6) To hear and determine appeals or complaints respecting the
17
administrative work of the personnel department; appeals upon the
18
allocation of positions; the rejection of an examination, and such
19
other matters as may be referred to the commission;
20
(7) Establish and maintain in card or other suitable form a
21
roster of officers and employees;
22
(8) Provide for, formulate and hold competitive tests to
23
determine the relative qualifications of persons who seek employment
24
in any class or position and as a result thereof establish eligible
25
lists for the various classes of positions, and to provide that
26
persons laid off because of curtailment of expenditures, reduction in
27
force, and for like causes, head the list in the order of their
28
seniority, to the end that they shall be the first to be reemployed;
29
(9) When a vacant position is to be filled, to certify to the
30
appointing authority, on written request, the name of the person
31
highest on the eligible list for the class. If there are no such
32
lists, to authorize provisional or temporary appointment list of such
33
class. Such temporary or provisional appointment shall not continue
34
for a period longer than four months; nor shall any person receive
35
more than one provisional appointment or serve more than four months
36
as provisional appointee in any one fiscal year;
37
(10) Keep such records as may be necessary for the proper
38
administration of this chapter.
39
p. 31
2SHB 2014.SL
Sec. 18. RCW 41.16.220 and 2007 c 218 s 38 are each amended to
1
read as follows:
2
Any person who was a member of the fire department and within the
3
provisions of chapter 50, Laws of 1909, as amended, at the time he or
4
she entered, and ((who is a veteran,)) is an honorably discharged
5
veteran or received a discharge for physical reasons with an
6
honorable record from the armed forces, and whose military service
7
was during a period of war as defined in RCW 41.04.005, shall have
8
added and accredited to his or her period of employment as a
9
firefighter as computed under this chapter his or her period of war
10
service in such armed forces upon payment by him or her of his or her
11
contribution for the period of his or her absence, at the rate
12
provided by chapter 50, Laws of 1909, as amended, for other members:
13
PROVIDED, HOWEVER, Such accredited service shall not in any case
14
exceed five years.
15
Sec. 19. RCW 41.20.050 and 2012 c 117 s 22 are each reenacted
16
and amended to read as follows:
17
Whenever a person has been duly appointed, and has served
18
honorably for a period of twenty-five years, as a member, in any
19
capacity, of the regularly constituted police department of a city
20
subject to the provisions of this chapter, the board, after hearing,
21
if one is requested in writing, may order and direct that such person
22
be retired, and the board shall retire any member so entitled, upon
23
his or her written request therefor. The member so retired hereafter
24
shall be paid from the fund during his or her lifetime a pension
25
equal to fifty percent of the amount of salary at any time hereafter
26
attached to the position held by the retired member for the year
27
preceding the date of his or her retirement: PROVIDED, That, except
28
as to a position higher than that of captain held for at least three
29
calendar years prior to date of retirement, no such pension shall
30
exceed an amount equivalent to fifty percent of the salary of
31
captain, and all existing pensions shall be increased to not less
32
than three hundred dollars per month as of April 25, 1973: PROVIDED
33
FURTHER, That a person hereafter retiring who has served as a member
34
for more than twenty-five years, shall have his or her pension
35
payable under this section increased by two percent of his or her
36
salary per year for each full year of such additional service to a
37
maximum of five additional years.
38
p. 32
2SHB 2014.SL
Any person who has served in a position higher than the rank of
1
captain for a minimum of three years may elect to retire at such
2
higher position and receive for his or her lifetime a pension equal
3
to fifty percent of the amount of the salary at any time hereafter
4
attached to the position held by such retired member for the year
5
preceding his or her date of retirement: PROVIDED, That such person
6
make the said election to retire at a higher position by September 1,
7
1969 and at the time of making the said election, pay into the relief
8
and pension fund in addition to the contribution required by RCW
9
41.20.130: (1) an amount equal to six percent of that portion of all
10
monthly salaries previously received upon which a sum equal to six
11
percent has not been previously deducted and paid into the police
12
relief and pension fund; (2) and such person agrees to continue
13
paying into the police relief and pension fund until the date of
14
retirement, in addition to the contributions required by RCW
15
41.20.130, an amount equal to six percent of that portion of monthly
16
salary upon which a six percent contribution is not currently
17
deducted pursuant to RCW 41.20.130.
18
Any person affected by this chapter who at the time of entering
19
the armed services was a member of such police department and is
20
((a)) an honorably discharged veteran or received a discharge for
21
physical reasons with an honorable record and whose military service
22
was during a period of war as defined in RCW 41.04.005, shall have
23
added to his or her period of employment as computed under this
24
chapter, his or her period of war service in the armed forces, but
25
such credited service shall not exceed five years and such period of
26
service shall be automatically added to each member's service upon
27
payment by him or her of his or her contribution for the period of
28
his or her absence at the rate provided in RCW 41.20.130.
29
Sec. 20. RCW 41.40.170 and 2005 c 247 s 2 and 2005 c 64 s 1 are
30
each reenacted and amended to read as follows:
31
(1) A member who has served or shall serve on active federal
32
service in the military or naval forces of the United States and who
33
left or shall leave an employer to enter such service shall be deemed
34
to be on military leave of absence if he or she has resumed or shall
35
resume employment as an employee within one year from termination
36
thereof.
37
(2) If he or she has applied or shall apply for reinstatement of
38
employment, within one year from termination of the military service,
39
p. 33
2SHB 2014.SL
and is refused employment for reasons beyond his or her control, he
1
or she shall, upon resumption of service within ten years have such
2
service credited to him or her.
3
(3)
In
any
event,
after
completing
twenty-five
years
of
4
creditable service, any member may have service in the armed forces
5
credited to him or her as a member whether or not he or she left the
6
employ of an employer to enter the armed service: PROVIDED, That in
7
no instance, described in this section, shall military service in
8
excess of five years be credited: AND PROVIDED FURTHER, That in each
9
instance
the
member
must
restore
all
withdrawn
accumulated
10
contributions, which restoration must be completed within five years
11
of membership service following the first resumption of employment or
12
complete twenty-five years of creditable service: AND PROVIDED
13
FURTHER, That this section will not apply to any individual, not
14
((a)) an honorably discharged veteran ((within the meaning of)) or
15
veteran who received a physical discharge from the armed forces with
16
an honorable record. Furthermore, an individual must prove that their
17
military service was during a period of war as defined in RCW
18
41.04.005.
19
(4)(a) A member, after completing twenty-five years of creditable
20
service, who would have otherwise become eligible for a retirement
21
benefit as defined under this chapter while serving honorably in the
22
armed forces, and with service during a period of war as referenced
23
in RCW 41.04.005, shall, upon application to the department, be
24
eligible to receive credit for this service without returning to
25
covered employment.
26
(b) Service credit granted under (a) of this subsection applies
27
only to honorably discharged veterans or veterans who received a
28
physical discharge with an honorable record whose military service
29
was during a period of war as defined in RCW ((41.40.005)) 41.04.005.
30
(5) The surviving spouse or eligible child or children of a
31
member who left the employ of an employer to enter the uniformed
32
services of the United States and died while serving in the uniformed
33
services may, on behalf of the deceased member, apply for retirement
34
system service credit under this subsection up to the date of the
35
member's death in the uniformed services. The department shall
36
establish the deceased member's service credit if the surviving
37
spouse or eligible child or children:
38
(a) Provides to the director proof of the member's death while
39
serving in the uniformed services; and
40
p. 34
2SHB 2014.SL
(b) Provides to the director proof of the member's honorable
1
service in the uniformed services prior to the date of death.
2
(6) A member who leaves the employ of an employer to enter the
3
uniformed
services
of
the
United
States
and
becomes
totally
4
incapacitated for continued employment by an employer while serving
5
in the uniformed services is entitled to retirement system service
6
credit under this subsection up to the date of discharge from the
7
uniformed services if:
8
(a) The member obtains a determination from the director that he
9
or she is totally incapacitated for continued employment due to
10
conditions or events that occurred while serving in the uniformed
11
services; and
12
(b) The member provides to the director proof of honorable
13
discharge from the uniformed services.
14
Sec. 21. 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
p. 35
2SHB 2014.SL
status the license of every such person who applies for activation
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. 22. 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
p. 36
2SHB 2014.SL
(b) That is organized for profit and performing a commercially
1
useful function; and
2
(c) That meets the criteria for a small business concern as
3
established under chapter 39.19 RCW.
4
(4) The department shall create a logo for the purpose of
5
identifying veteran-owned businesses to the public. The department
6
shall put the logo on an adhesive sticker or decal suitable for
7
display in a business window and distribute the stickers or decals to
8
veteran-owned businesses listed with the department.
9
(5)(a) Businesses may submit an application on a form prescribed
10
by the department to apply for certification under this section.
11
(b) The department must notify the state treasurer of veteran-
12
owned businesses who have participated in the linked deposit program
13
and are no longer certified under this section. The written
14
notification
to
the
state
treasurer
must
contain
information
15
regarding the reasons for the decertification and information on
16
financing
provided
to
the
veteran-owned
business
under
RCW
17
43.86A.060.
18
(6) The department may adopt rules necessary to implement this
19
section.
20
Sec. 23. RCW 43.70.270 and 2012 c 45 s 2 are each amended to
21
read as follows:
22
(1) Notwithstanding any provision of law to the contrary, the
23
license of any person licensed by the secretary of health to practice
24
a profession or engage in an occupation, if valid and in force and
25
effect at the time the licensee entered service in the armed forces,
26
the United States public health service commissioned corps, or the
27
merchant marine of the United States, shall continue in full force
28
and effect so long as such service continues, unless sooner
29
suspended, canceled, or revoked for cause as provided by law. The
30
secretary shall renew the license of every such person who applies
31
for renewal thereof within six months after being ((honorably))
32
discharged from service with a qualifying discharge as defined in
33
section 4 of this act, upon payment of the renewal fee applicable to
34
the then current year or other license period.
35
(2) If requested by the licensee, the license of a spouse or
36
registered domestic partner of a service member in the United States
37
armed forces, including the United States public health service
38
commissioned corps, if valid and in force and effect at the time the
39
p. 37
2SHB 2014.SL
service member is deployed or stationed in a location outside
1
Washington state, must be placed in inactive military spouse or
2
registered domestic partner status so long as such service continues,
3
unless sooner suspended, canceled, or revoked for cause as provided
4
by law. The secretary shall return to active status the license of
5
every such person who applies for renewal thereof within six months
6
after the service member is ((honorably)) discharged from service
7
with a qualifying discharge as defined in section 4 of this act, or
8
sooner if requested by the licensee, upon payment of the renewal fee
9
applicable to the then current year or other license period.
10
(3) The secretary may adopt any rules necessary to implement this
11
section.
12
Sec. 24. RCW 46.18.210 and 2019 c 44 s 5 are each amended to
13
read as follows:
14
(1) A registered owner may apply to the department for special
15
armed forces license plates for vehicles representing the following:
16
(a) Air force;
17
(b) Army;
18
(c) Coast guard;
19
(d) Marine corps;
20
(e) National guard; or
21
(f) Navy.
22
(2) Armed forces license plates may be purchased by:
23
(a) Active duty military personnel;
24
(b) Families of veterans and service members;
25
(c) Members of the national guard;
26
(d) Reservists; or
27
(e) Veterans, as defined in RCW 41.04.007.
28
(3) A person who applies for special armed forces license plates
29
shall provide:
30
(a) DD-214 or discharge papers if the applicant is a veteran;
31
(b)
A
military
identification
card
or
retired
military
32
identification card; or
33
(c)
A
declaration
of
fact
attesting
to
the
applicant's
34
eligibility as required under this section.
35
(4) For the purposes of this section:
36
(a) "Child" includes stepchild, adopted child, foster child,
37
grandchild, or son or daughter-in-law.
38
p. 38
2SHB 2014.SL
(b) "Family" or "families" includes an individual's spouse,
1
child, parent, sibling, aunt, uncle, or cousin.
2
(c) "Parent" includes stepparent, grandparent, or in-laws.
3
(d) "Sibling" includes brother, half brother, stepbrother,
4
sister, half sister, stepsister, or brother or sister-in-law.
5
(5) Armed forces license plates are not free of charge to
6
disabled veterans, former prisoners of war, or spouses or domestic
7
partners of deceased former prisoners of war under RCW 46.18.235.
8
(6) The department must implement the changes to veteran
9
eligibility as established by chapter . . ., Laws of 2024 (this act)
10
by April 1, 2025.
11
Sec. 25. 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.
38
p. 39
2SHB 2014.SL
(3) Pearl Harbor survivor license plates must be replaced, free
1
of charge, if the license plates have become lost, stolen, damaged,
2
defaced, or destroyed.
3
(4) Pearl Harbor survivor license plates may be issued to the
4
surviving spouse or domestic partner of a Pearl Harbor survivor who
5
met the requirements in subsection (1) of this section. The surviving
6
spouse or domestic partner must be a resident of this state. If the
7
surviving spouse remarries or the surviving domestic partner marries
8
or enters into a new domestic partnership, he or she must return the
9
special license plates to the department within fifteen days and
10
apply for regular license plates or another type of special license
11
plate.
12
(5) A Pearl Harbor survivor license plate or plates may be
13
transferred from one motor vehicle to another motor vehicle owned by
14
the Pearl Harbor survivor or the surviving spouse or domestic partner
15
as described in subsection (4) of this section upon application to
16
the department, county auditor or other agent, or subagent appointed
17
by the director.
18
Sec. 26. RCW 46.18.280 and 2019 c 139 s 1 are each amended to
19
read as follows:
20
(1) A registered owner who has been awarded a Purple Heart medal
21
by any branch of the United States armed forces, including the
22
merchant marines and the women's air forces service pilots may apply
23
to the department for special license plates for use on a motor
24
vehicle required to display one or two license plates, excluding
25
vehicles
registered
under
chapter
46.87
RCW,
upon
terms
and
26
conditions established by the department, and owned by the qualified
27
applicant. The applicant must:
28
(a) Be a resident of this state;
29
(b) Have been wounded during one of this nation's wars or
30
conflicts identified in RCW 41.04.005;
31
(c) Have received ((an honorable)) a qualifying discharge, as
32
defined in section 4 of this act, from the United States armed
33
forces;
34
(d) Provide a copy of the armed forces document showing the
35
recipient was awarded the Purple Heart medal; and
36
(e) Be recorded as the registered owner of the motor vehicle on
37
which the Purple Heart license plate or plates will be displayed.
38
p. 40
2SHB 2014.SL
(2) Purple Heart license plates must be issued without the
1
payment of any vehicle license fees, license plate fees, motor
2
vehicle excise taxes, and special license plate fees for one motor
3
vehicle. For other motor vehicles, qualified applicants may purchase
4
Purple Heart license plates for the fee required under RCW
5
46.17.220(((17))) (18) and all other fees and taxes required by law
6
for registering the motor vehicle.
7
(3) Purple Heart license plates may be issued to the surviving
8
spouse or domestic partner of a Purple Heart recipient who met the
9
requirements in subsection (1) of this section. The surviving spouse
10
or domestic partner must be a resident of this state. If the
11
surviving spouse remarries or the surviving domestic partner marries
12
or enters into a new domestic partnership, he or she must return the
13
special license plates to the department within fifteen days and
14
apply for regular license plates or another type of special license
15
plate.
16
(4) A Purple Heart license plate or plates may be transferred
17
from one motor vehicle to another motor vehicle owned by the Purple
18
Heart recipient or the surviving spouse or domestic partner as
19
described in subsection (3) of this section upon application to the
20
department, county auditor or other agent, or subagent appointed by
21
the director.
22
Sec. 27. RCW 46.18.295 and 2012 c 69 s 1 are each amended to
23
read as follows:
24
(1) Veterans ((discharged under honorable conditions (veterans)))
25
and ((individuals serving on active duty in the United States armed
26
forces ())active duty military personnel(())) may purchase a veterans
27
remembrance emblem, campaign medal emblem, or military service award
28
emblem. The emblem is to be displayed on license plates in the manner
29
described
by
the
department,
existing
vehicular
registration
30
procedures, and current laws.
31
(2) For purposes of this section:
32
(a) "Active duty military personnel" means an individual serving
33
on active duty in the United States armed forces.
34
(b) "Veteran" has the meaning defined in RCW 41.04.007.
35
(3) Veterans and active duty military personnel who served during
36
periods of war or armed conflict may purchase a remembrance emblem
37
depicting campaign ribbons which they were awarded.
38
p. 41
2SHB 2014.SL
(((3))) (4) The following campaign ribbon remembrance emblems are
1
available:
2
(a) World War I victory medal;
3
(b) World War II Asiatic-Pacific campaign medal;
4
(c) World War II European-African Middle East campaign medal;
5
(d) World War II American campaign medal;
6
(e) Korean service medal;
7
(f) Vietnam service medal;
8
(g) Armed forces expeditionary medal awarded after 1958; and
9
(h) Southwest Asia medal.
10
The director may issue additional campaign ribbon emblems by rule
11
as authorized decorations by the United States department of defense.
12
(((4))) (5) The following military service award emblems are
13
available:
14
(a) Distinguished Service Cross;
15
(b) Navy Cross;
16
(c) Air Force Cross;
17
(d) Silver Star medal; and
18
(e) Bronze Star medal.
19
(((5))) (6) Veterans or active duty military personnel requesting
20
a veteran remembrance emblem, campaign medal emblem, or military
21
service award emblem or emblems must:
22
(a) Pay a prescribed fee set by the department; and
23
(b) Show proof of eligibility through:
24
(i) Providing a DD-214 or discharge papers, as well as necessary
25
documentation to prove eligibility as a veteran with an other than
26
honorable characterization of service, if a veteran;
27
(ii) Providing a copy of orders awarding a campaign ribbon if an
28
individual serving on military active duty;
29
(iii) Providing a copy of orders awarding a military service
30
award; or
31
(iv) Attesting in a notarized affidavit of their eligibility as
32
required under this section.
33
(((6))) (7) Veterans or active duty military personnel who
34
purchase a veteran remembrance emblem, campaign medal emblem, or
35
military service award emblem must be the legal or registered owner
36
of the vehicle on which the emblem is to be displayed.
37
Sec. 28. RCW 46.20.027 and 2002 c 292 s 3 are each amended to
38
read as follows:
39
p. 42
2SHB 2014.SL
A Washington state motor vehicle driver's license issued to any
1
service member if valid and in force and effect while such person is
2
serving in the armed forces, shall remain in full force and effect so
3
long as such service continues unless the same is sooner suspended,
4
canceled, or revoked for cause as provided by law and for not to
5
exceed ninety days following the date on which the holder of such
6
driver's license is ((honorably)) separated from service in the armed
7
forces of the United States. A Washington state driver's license
8
issued to the spouse or dependent child of such service member
9
likewise remains in full force and effect if the person is residing
10
with the service member.
11
For purposes of this section, "service member" means every person
12
serving in the armed forces whose branch of service as of the date of
13
application for the driver's license is included in the definition of
14
veteran pursuant to RCW 41.04.007 or the person will meet the
15
definition of veteran at the time of discharge.
16
Sec. 29. RCW 46.20.161 and 2021 c 158 s 7 are each amended to
17
read as follows:
18
(1) The department, upon receipt of a fee of seventy-two dollars,
19
unless the driver's license is issued for a period other than eight
20
years, in which case the fee shall be nine dollars for each year that
21
the license is issued, which includes the fee for the required
22
photograph, shall issue to every qualifying applicant a driver's
23
license. A driver's license issued to a person under the age of
24
eighteen is an intermediate license, subject to the restrictions
25
imposed under RCW 46.20.075, until the person reaches the age of
26
eighteen.
27
(2) The license must include:
28
(a) A distinguishing number assigned to the licensee;
29
(b) The name of record;
30
(c) Date of birth;
31
(d) Washington residence address;
32
(e) Photograph;
33
(f) A brief description of the licensee;
34
(g) Either a facsimile of the signature of the licensee or a
35
space upon which the licensee shall write the licensees' usual
36
signature with pen and ink immediately upon receipt of the license;
37
(h) If applicable, the person's status as a veteran as provided
38
in subsection (4) of this section; and
39
p. 43
2SHB 2014.SL
(i) If applicable, a medical alert designation as provided in
1
subsection (5) of this section.
2
(3) No license is valid until it has been signed by the licensee.
3
(4)(a) A veteran, as defined in RCW 41.04.007, ((or an individual
4
who otherwise meets the criteria of RCW 41.04.007 but who has
5
received a general discharge under honorable conditions,)) may apply
6
to the department to obtain a veteran designation on a driver's
7
license issued under this section by providing:
8
(i) A United States department of veterans affairs identification
9
card or proof of service letter;
10
(ii) A United States department of defense discharge document, DD
11
Form 214 or DD Form 215, as it exists on June 7, 2018, or such
12
subsequent date as may be provided by the department by rule,
13
consistent with the purposes of this section, or equivalent or
14
successor discharge paperwork, ((that shows a discharge status of
15
"honorable"
or
"general
under
honorable
conditions"))
that
16
establishes the person's service in the armed forces of the United
17
States and qualifying discharge as defined in section 4 of this act;
18
(iii) A national guard state-issued report of separation and
19
military service, NGB Form 22, as it exists on June 7, 2018, or such
20
subsequent date as may be provided by the department by rule,
21
consistent with the purposes of this section, or equivalent or
22
successor discharge paperwork, ((that shows a discharge status of
23
"honorable"
or
"general
under
honorable
conditions"))
that
24
establishes the person's active duty or reserve service in the
25
national guard and qualifying discharge as defined in section 4 of
26
this act; or
27
(iv) A United States uniformed services identification card, DD
28
Form 2, that displays on its face that it has been issued to a
29
retired member of any of the armed forces of the United States,
30
including the national guard and armed forces reserves.
31
(b) The department may permit a veteran, as defined in RCW
32
41.04.007, ((or an individual who otherwise meets the criteria of RCW
33
41.04.007 but who has received a general discharge under honorable
34
conditions,)) to submit ((an)) alternate forms of documentation to
35
apply to obtain a veteran designation on a driver's license((, as
36
specified by rule, that requires a discharge status of "honorable" or
37
"general under honorable conditions" and that establishes the
38
person's service as required under RCW 41.04.007)).
39
p. 44
2SHB 2014.SL
(5) Any person may apply to the department to obtain a medical
1
alert designation, a developmental disability designation, or a
2
deafness designation on a driver's license issued under this chapter
3
by providing:
4
(a) Self-attestation that the individual:
5
(i) Has a medical condition that could affect communication or
6
account for a driver health emergency;
7
(ii) Is deaf or hard of hearing; or
8
(iii)
Has
a
developmental
disability
as
defined
in
RCW
9
71A.10.020;
10
(b) A statement from the person that they have voluntarily
11
provided the self-attestation and other information verifying the
12
condition; and
13
(c) For persons under eighteen years of age or who have a
14
developmental disability, the signature of a parent or legal
15
guardian.
16
(6) A self-attestation or data contained in a self-attestation
17
provided under this section:
18
(a) Shall not be disclosed;
19
(b) Is for the confidential use of the director, the chief of the
20
Washington state patrol, and law enforcement and emergency medical
21
service providers as designated by law; and
22
(c) Is subject to the privacy protections of the driver's privacy
23
protection act, 18 U.S.C. Sec. 2725.
24
Sec. 30. RCW 72.36.030 and 2014 c 184 s 3 are each amended to
25
read as follows:
26
All of the following persons who have been actual bona fide
27
residents of this state at the time of their application may be
28
admitted to a state veterans' home under rules as may be adopted by
29
the director of the department, unless sufficient facilities and
30
resources are not available to accommodate these people:
31
(1)(a) All ((honorably discharged)) veterans ((of a branch)) of
32
the ((armed forces)) uniformed services of the United States or
33
merchant marines who meet the discharge requirements under RCW
34
41.04.007 or are eligible for medical care provided by the United
35
States department of veterans affairs; (b) members of the state
36
militia disabled while in the line of duty; (c) Filipino World War II
37
veterans who swore an oath to American authority and who participated
38
in military engagements with American soldiers; (d) the spouses or
39
p. 45
2SHB 2014.SL
the domestic partners of these veterans, merchant marines, and
1
members of the state militia; and (e) parents any of whose children
2
died while serving in the armed forces. However, it is required that
3
the spouse was married to and living with the veteran, or that the
4
domestic partner was in a domestic partnership and living with the
5
veteran, three years prior to the date of application for admittance,
6
or, if married to or in a domestic partnership with him or her since
7
that date, was also a resident of a state veterans' home in this
8
state or entitled to admission thereto;
9
(2) The spouses or domestic partners of: (a) All ((honorably
10
discharged)) veterans of the United States ((armed forces)) uniformed
11
services with a qualifying discharge as defined in section 4 of this
12
act; (b) merchant marines; and (c) members of the state militia who
13
were disabled while in the line of duty and who were residents of a
14
state veterans' home in this state or were entitled to admission to
15
one of this state's state veteran homes at the time of death.
16
However, the included spouse or included domestic partner shall not
17
have been married since the death of his or her spouse or domestic
18
partner to a person who is not a resident of one of this state's
19
state veterans' homes or entitled to admission to one of this state's
20
state veterans' homes; and
21
(3) All applicants for admission to a state veterans' home shall
22
apply for all federal and state benefits for which they may be
23
eligible, including medical assistance under chapter 74.09 RCW.
24
NEW SECTION. Sec. 31. RCW 73.04.042 (Honorable discharge
25
recorded—Veterans of Spanish-American War and World War I) and 1923 c
26
17 s 1 & 1919 c 86 s 1 are each repealed.
27
Sec. 32. RCW 73.08.005 and 2017 c 185 s 9 are each amended to
28
read as follows:
29
The definitions in this section apply throughout this chapter
30
unless the context clearly requires otherwise.
31
(1) "Direct costs" includes those allowable costs that can be
32
readily assigned to the statutory objectives of this chapter,
33
consistent with the cost principles promulgated by the federal office
34
of management and budget in circular No. A-87, dated May 10, 2004.
35
(2) "Family" means the spouse or domestic partner, surviving
36
spouse, surviving domestic partner, and dependent children of a
37
p. 46
2SHB 2014.SL
living or deceased veteran, or a service member who was killed in the
1
line of duty regardless of the number of days served.
2
(3) "Indigent" means a person who is defined as such by the
3
county legislative authority using one or more of the following
4
definitions:
5
(a) Receiving one of the following types of public assistance:
6
Temporary assistance for needy families, aged, blind, or disabled
7
assistance benefits, pregnant women assistance benefits, poverty-
8
related veterans' benefits, food stamps or food stamp benefits
9
transferred electronically, refugee resettlement benefits, medicaid,
10
medical care services, or supplemental security income;
11
(b) Receiving an annual income, after taxes, of up to one hundred
12
fifty percent or less of the current federally established poverty
13
level, or receiving an annual income not exceeding a higher
14
qualifying income established by the county legislative authority; or
15
(c) Unable to pay reasonable costs for shelter, food, utilities,
16
and
transportation
because
his
or
her
available
funds
are
17
insufficient.
18
(4) "Indirect costs" includes those allowable costs that are
19
generally associated with carrying out the statutory objectives of
20
this chapter, but the identification and tracking of those costs
21
cannot be readily assigned to a specific statutory objective without
22
an accounting effort that is disproportionate to the benefit
23
received. A county legislative authority may allocate allowable
24
indirect costs to its veterans' assistance fund if it is accomplished
25
in a manner consistent with the cost principles promulgated by the
26
federal office of management and budget in circular No. A-87, dated
27
May 10, 2004.
28
(5)(a) "Veteran" means:
29
(i) A person who served in the active military, naval, or air
30
service; a member of the women's air forces service pilots during
31
World War II; a United States documented merchant mariner with
32
service aboard an oceangoing vessel operated by the war shipping
33
administration; the office of defense transportation, or their
34
agents, from December 7, 1941, through December 31, 1946; or a civil
35
service crewmember with service aboard a United States army transport
36
service or United States naval transportation service vessel in
37
oceangoing service from December 7, 1941, through December 31, 1946,
38
who meets one of the following criteria:
39
p. 47
2SHB 2014.SL
(A) Served on active duty for at least one hundred eighty days
1
and who was released with ((an honorable discharge)) a qualifying
2
discharge as defined in section 4 of this act;
3
(B)
Received
((an
honorable
or
general
under
honorable
4
characterization of service)) a qualifying discharge as defined in
5
section 4 of this act with a medical reason for separation for a
6
condition listed as non-existed prior to service, regardless of
7
number of days served; or
8
(C) Received ((an honorable discharge)) a qualifying discharge as
9
defined in section 4 of this act and has received a rating for a
10
service connected disability from the United States department of
11
veterans affairs regardless of number of days served;
12
(ii) A current member honorably serving in the armed forces
13
reserve or national guard who has been activated by presidential call
14
up for purposes other than training;
15
(iii) A former member of the armed forces reserve or national
16
guard who has fulfilled his or her initial military service
17
obligation and was released with ((an honorable discharge)) a
18
qualifying discharge as defined in section 4 of this act;
19
(iv) A former member of the armed forces reserve or national
20
guard who does not have over one hundred seventy-nine days of active
21
duty service, but meets the federal definition of a veteran having
22
completed twenty years of service.
23
(b) At the discretion of the county legislative authority and in
24
consultation with the veterans' advisory board, counties may expand
25
eligibility for the veterans assistance fund as the county determines
26
necessary, which may include serving veterans with additional
27
discharge characterizations.
28
(6) "Veterans' advisory board" means a board established by a
29
county legislative authority under the authority of RCW 73.08.035.
30
(7) "Veterans' assistance fund" means an account in the custody
31
of the county auditor, or the chief financial officer in a county
32
operating under a charter, that is funded by taxes levied under the
33
authority of RCW 73.08.080.
34
(8) "Veterans' assistance program" means a program approved by
35
the county legislative authority under the authority of RCW 73.08.010
36
that is fully or partially funded by the veterans' assistance fund
37
authorized by RCW 73.08.080.
38
p. 48
2SHB 2014.SL
Sec. 33. RCW 73.16.010 and 1975 1st ex.s. c 198 s 1 are each
1
amended to read as follows:
2
In every public department, and upon all public works of the
3
state, and of any county thereof, ((honorably discharged)) soldiers,
4
sailors, ((and)) guardians, marines and other members of the
5
uniformed services who are veterans of any war of the United States,
6
or of any military campaign for which a campaign ribbon shall have
7
been awarded with a qualifying discharge as defined in section 4 of
8
this act, and their widows or widowers, shall be preferred for
9
appointment and employment. Age, loss of limb, or other physical
10
impairment, which does not in fact incapacitate, shall not be deemed
11
to disqualify them, provided they possess the capacity necessary to
12
discharge the duties of the position involved: PROVIDED, That spouses
13
of ((honorably discharged)) veterans with a qualifying discharge as
14
defined in section 4 of this act and who have a service connected
15
permanent
and
total
disability
shall
also
be
preferred
for
16
appointment and employment.
17
Sec. 34. RCW 73.16.120 and 2015 c 57 s 2 are each amended to
18
read as follows:
19
(1) The department of veterans affairs, employment security
20
department, and department of commerce shall consult local chambers
21
of commerce, associate development organizations, and businesses to
22
initiate a demonstration campaign to increase veteran employment.
23
This campaign may include partnerships with chambers of commerce that
24
result in business owners sharing, with the local chamber of
25
commerce, information on the number of veterans employed and the
26
local chambers of commerce providing this information to the
27
department of veterans affairs.
28
(2) Participants in the campaign are encouraged to work with the
29
Washington state military transition council and county veterans'
30
advisory boards as defined in RCW 73.08.035.
31
(3) Funding for the campaign shall be established from existing
32
resources.
33
(4) For the purposes of this section, "veteran" ((means any
34
veteran discharged under honorable conditions)) has the definition
35
given in RCW 41.04.007.
36
Sec. 35. RCW 77.32.480 and 2016 c 78 s 1 are each amended to
37
read as follows:
38
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(1) Upon written application, a combination fishing license shall
1
be issued at the reduced rate of five dollars and all hunting
2
licenses shall be issued at the reduced rate of a youth hunting
3
license fee for the following individuals:
4
(a) A resident sixty-five years old or older who ((is an
5
honorably discharged veteran of)) has a qualifying discharge, as
6
defined in section 4 of this act, from the United States armed forces
7
((having)) and has a service-connected disability;
8
(b) A resident who ((is an honorably discharged veteran of)) has
9
a qualifying discharge, as defined in section 4 of this act, from the
10
United States armed forces ((with)) and has a thirty percent or more
11
service-connected disability;
12
(c) A resident with a disability who permanently uses a
13
wheelchair;
14
(d) A resident who is blind or visually impaired; and
15
(e) A resident with a developmental disability as defined in RCW
16
71A.10.020 with documentation of the disability certified by a
17
physician licensed to practice in this state.
18
(2) Upon department verification of eligibility, a nonstate
19
resident veteran with a disability who otherwise satisfies the
20
criteria of subsection (1)(a) and (b) of this section must be issued
21
a combination fishing license or any hunting license at the same cost
22
charged to a nondisabled Washington resident for the same license.
23
(3) Upon written application and department verification, the
24
following recreational hunting licenses must be issued at no cost to
25
a resident member of the state guard or national guard, as defined in
26
RCW 38.04.010, as long as the state guard or national guard member
27
is: An active full-time state guard or national guard employee; or a
28
state guard or national guard member whose status requires the state
29
guard or national guard member to participate in drill training on a
30
part-time basis:
31
(a) A small game hunting license under RCW 77.32.460(1);
32
(b) A supplemental migratory bird permit under RCW 77.32.350; and
33
(c) A big game hunting license under RCW 77.32.450 (1) and (2).
34
Sec. 36. RCW 84.39.020 and 2020 c 139 s 54 are each amended to
35
read as follows:
36
(1) Each claimant applying for assistance under RCW 84.39.010
37
must file a claim with the department, on forms prescribed by the
38
department, no later than thirty days before the tax is due. The
39
p. 50
2SHB 2014.SL
department may waive this requirement for good cause shown. The
1
department must supply forms to the county assessor to allow persons
2
to apply for the program at the county assessor's office.
3
(2) The claim must designate the property to which the assistance
4
applies and must include a statement setting forth (a) a list of all
5
members of the claimant's household, (b) facts establishing the
6
eligibility
under
this
section,
and
(c)
any
other
relevant
7
information required by the rules of the department. The claim must
8
be signed by the claimant subject to the penalties as provided in
9
chapter 9A.72 RCW for false swearing. The first claim must include
10
proof of the claimant's age acceptable to the department.
11
(3) The following documentation must be filed with a claim along
12
with any other documentation required by the department:
13
(a) The deceased veteran's DD 214 report of separation, or its
14
equivalent,
that
must
((be
under
honorable
conditions))
show
15
qualification as a veteran under RCW 41.04.005. If the deceased
16
veteran had an other than honorable characterization of service, the
17
following is also required: (i) Proof that the decedent was, at any
18
point, eligible for or received federal department of veterans
19
affairs monetary benefits; or (ii) proof that the decedent's survivor
20
is eligible for or has received federal department of veterans
21
affairs monetary survivor benefits;
22
(b) A copy of the applicant's certificate of marriage to the
23
deceased;
24
(c) A copy of the deceased veteran's death certificate; and
25
(d) A letter from the United States veterans' administration
26
certifying that the death of the veteran meets the requirements of
27
RCW 84.39.010(2).
28
(4) The department of veterans affairs must assist an eligible
29
widow or widower in the preparation and submission of an application
30
and the procurement of necessary substantiating documentation.
31
(5) The department must determine if each claimant is eligible
32
each year. Any applicant aggrieved by the department's denial of
33
assistance may petition the state board of tax appeals to review the
34
denial and the board must consider any appeals to determine (a) if
35
the claimant is entitled to assistance and (b) the amount or portion
36
thereof.
37
NEW SECTION. Sec. 37. The provisions of RCW 82.32.805 and
38
82.32.808 do not apply to this act.
39
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2SHB 2014.SL
NEW SECTION. Sec. 38. Sections 25 through 27 of this act take
1
effect April 1, 2025.
2
NEW SECTION. Sec. 39. Section 24 of this act expires April 1,
3
2025.
4
NEW SECTION. Sec. 40. If specific funding for the purposes of
5
this act, referencing this act by bill or chapter number, is not
6
provided by June 30, 2024, in the omnibus appropriations act, this
7
act is null and void.
8
Passed by the House February 10, 2024.
Passed by the Senate March 1, 2024.
Approved by the Governor March 18, 2024.
Filed in Office of Secretary of State March 19, 2024.
--- END ---
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