BILL REQ. #: H-0479.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/21/11. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to consolidating veterans' programs and benefits into one title; amending RCW 28A.230.120, 28A.660.040, 28A.660.055, 28B.15.910, 41.16.220, 41.20.050, 42.56.440, 77.32.480, 79A.05.065, and 82.24.290; reenacting and amending RCW 41.06.133 and 68.50.230; adding new chapters to Title 73 RCW; creating a new section; and recodifying RCW 2.48.070, 2.48.080, 2.48.090, 2.48.100, 2.48.110, 26.19.045, 28A.230.160, 28A.300.370, 28A.660.050, 28A.660.055, 28B.15.621, 28B.15.910, 37.08.280, 41.04.005, 41.04.007, 41.04.010, 41.16.220, 42.56.440, 43.60A.150, 43.60A.151, 43.60A.152, 43.60A.153, 43.180.250, 46.04.164, 46.16A.215, 46.18.210, 46.18.212, 46.18.230, 46.18.235, 46.18.245, 46.18.265, 46.18.270, 46.18.280, 46.18.295, 46.20.027, 47.01.430, 74.04.635, 74.04.657, 82.24.290, 43.60A.010, 43.60A.020, 43.60A.030, 43.60A.040, 43.60A.050, 43.60A.060, 43.60A.070, 43.60A.075, 43.60A.080, 43.60A.100, 43.60A.110, 43.60A.120, 43.60A.130, 43.60A.140, 43.60A.154, 43.60A.155, 43.60A.160, 43.60A.165, 43.60A.170, 43.60A.175, 43.60A.185, 43.60A.190, 43.60A.195, 43.60A.200, 43.60A.210, 43.60A.215, 43.60A.900, 43.60A.901, 43.60A.902, 43.60A.903, 43.60A.904, 43.60A.905, 43.60A.906, 43.60A.907, 43.60A.908, 43.61.030, 43.61.040, 43.61.060, 43.61.070, 72.36.010, 72.36.020, 72.36.030, 72.36.035, 72.36.037, 72.36.040, 72.36.045, 72.36.050, 72.36.055, 72.36.060, 72.36.070, 72.36.075, 72.36.077, 72.36.090, 72.36.100, 72.36.110, 72.36.115, 72.36.120, 72.36.140, 72.36.145, 72.36.150, 72.36.160, 72.36.1601, 72.36.900, 84.39.010, 84.39.020, 84.39.030, 84.39.040, 84.39.050, and 84.39.060.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 28A.230.120 and 2008 c 185 s 1 are each amended to
read as follows:
(1) School districts shall issue diplomas to students signifying
graduation from high school upon the students' satisfactory completion
of all local and state graduation requirements. Districts shall grant
students the option of receiving a final transcript in addition to the
regular diploma.
(2) School districts or schools of attendance shall establish
policies and procedures to notify senior students of the transcript
option and shall direct students to indicate their decisions in a
timely manner. School districts shall make appropriate provisions to
assure that students who choose to receive a copy of their final
transcript shall receive such transcript after graduation.
(((3)(a) A school district may issue a high school diploma to a
person who:))
(i) Is an honorably discharged member of the armed forces of the
United States; and
(ii) Left high school before graduation to serve in World War II,
the Korean conflict, or the Vietnam era as defined in RCW 41.04.005.
(b) A school district may issue a diploma to or on behalf of a
person otherwise eligible under (a) of this subsection notwithstanding
the fact that the person holds a high school equivalency certification
or is deceased.
(c) The superintendent of public instruction shall adopt a form for
a diploma application to be used by a veteran or a person acting on
behalf of a deceased veteran under this subsection (3). The
superintendent of public instruction shall specify what constitutes
acceptable evidence of eligibility for a diploma.
NEW SECTION. Sec. 2 (1) A school district may issue a high
school diploma to a person who:
(a) Is an honorably discharged member of the armed forces of the
United States; and
(b) Left high school before graduation to serve in World War II,
the Korean conflict, or the Vietnam era as defined in RCW 41.04.005 (as
recodified by this act).
(2) A school district may issue a diploma to or on behalf of a
person otherwise eligible under subsection (1) of this section
notwithstanding the fact that the person holds a high school
equivalency certification or is deceased.
(3) The superintendent of public instruction shall adopt a form for
a diploma application to be used by a veteran or a person acting on
behalf of a deceased veteran under this section. The superintendent of
public instruction shall specify what constitutes acceptable evidence
of eligibility for a diploma.
Sec. 3 RCW 28A.660.040 and 2010 c 235 s 504 are each amended to
read as follows:
Alternative route programs under this chapter shall operate one to
four specific route programs. Successful completion of the program
shall make a candidate eligible for residency teacher certification.
The mentor of the teacher candidate at the school and the supervisor of
the teacher candidate from the teacher preparation program must both
agree that the teacher candidate has successfully completed the
program.
(1) Alternative route programs operating route one programs shall
enroll currently employed classified instructional employees with
transferable associate degrees seeking residency teacher certification
with endorsements in special education, bilingual education, or English
as a second language. It is anticipated that candidates enrolled in
this route will complete both their baccalaureate degree and
requirements for residency certification in two years or less,
including a mentored internship to be completed in the final year. In
addition, partnership programs shall uphold entry requirements for
candidates that include:
(a) District or building validation of qualifications, including
one year of successful student interaction and leadership as a
classified instructional employee;
(b) Successful passage of the statewide basic skills exam; and
(c) Meeting the age, good moral character, and personal fitness
requirements adopted by rule for teachers.
(2) Alternative route programs operating route two programs shall
enroll currently employed classified staff with baccalaureate degrees
seeking residency teacher certification in subject matter shortage
areas and areas with shortages due to geographic location. Candidates
enrolled in this route must complete a mentored internship complemented
by flexibly scheduled training and coursework offered at a local site,
such as a school or educational service district, or online or via
video-conference over the K-20 network, in collaboration with the
partnership program's higher education partner. In addition,
partnership grant programs shall uphold entry requirements for
candidates that include:
(a) District or building validation of qualifications, including
one year of successful student interaction and leadership as classified
staff;
(b) A baccalaureate degree from a regionally accredited institution
of higher education. The individual's college or university grade
point average may be considered as a selection factor;
(c) Successful completion of the subject matter assessment required
by RCW 28A.410.220(3);
(d) Meeting the age, good moral character, and personal fitness
requirements adopted by rule for teachers; and
(e) Successful passage of the statewide basic skills exam.
(3) Alternative route programs seeking funds to operate route three
programs shall enroll individuals with baccalaureate degrees, who are
not employed in the district at the time of application. When
selecting candidates for certification through route three, districts
and approved preparation program providers shall give priority to
individuals who are seeking residency teacher certification in subject
matter shortage areas or shortages due to geographic locations.
Cohorts of candidates for this route shall attend an intensive summer
teaching academy, followed by a full year employed by a district in a
mentored internship, followed, if necessary, by a second summer
teaching academy. In addition, partnership programs shall uphold entry
requirements for candidates that include:
(a) A baccalaureate degree from a regionally accredited institution
of higher education. The individual's grade point average may be
considered as a selection factor;
(b) Successful completion of the subject matter assessment required
by RCW 28A.410.220(3);
(c) External validation of qualifications, including demonstrated
successful experience with students or children, such as reference
letters and letters of support from previous employers;
(d) Meeting the age, good moral character, and personal fitness
requirements adopted by rule for teachers; and
(e) Successful passage of statewide basic skills exam.
(4) Alternative route programs operating route four programs shall
enroll individuals with baccalaureate degrees, who are employed in the
district at the time of application, or who hold conditional teaching
certificates or emergency substitute certificates. Cohorts of
candidates for this route shall attend an intensive summer teaching
academy, followed by a full year employed by a district in a mentored
internship. If employed on a conditional certificate, the intern may
serve as the teacher of record, supported by a well-trained mentor. In
addition, partnership programs shall uphold entry requirements for
candidates that include:
(a) A baccalaureate degree from a regionally accredited institution
of higher education. The individual's grade point average may be
considered as a selection factor;
(b) Successful completion of the subject matter assessment required
by RCW 28A.410.220(3);
(c) External validation of qualifications, including demonstrated
successful experience with students or children, such as reference
letters and letters of support from previous employers;
(d) Meeting the age, good moral character, and personal fitness
requirements adopted by rule for teachers; and
(e) Successful passage of statewide basic skills exam.
(((5) Applicants for alternative route programs who are eligible
veterans or national guard members and who meet the entry requirements
for the alternative route program for which application is made shall
be given preference in admission.))
NEW SECTION. Sec. 4 Applicants for alternative route programs
under chapter 28A.660 RCW who are eligible veterans or national guard
members and who meet the entry requirements for the alternative route
program for which application is made shall be given preference in
admission.
Sec. 5 RCW 28A.660.055 and 2009 c 192 s 3 are each amended to
read as follows:
As used in ((this)) chapter 28A.660 RCW, "eligible veteran or
national guard member" means a Washington domiciliary who was an active
or reserve member of the United States military or naval forces, or a
national guard member called to active duty, who served in active
federal service, under either Title 10 or Title 32 of the United States
Code, in a war or conflict fought on foreign soil or in international
waters or in another location in support of those serving on foreign
soil or in international waters, and if discharged from service, has
received an honorable discharge.
Sec. 6 RCW 28B.15.910 and 2008 c 188 s 3 are each amended to read
as follows:
(1) For the purpose of providing state general fund support to
public institutions of higher education, except for revenue waived
under programs listed in subsections (3) and (4) of this section, and
unless otherwise expressly provided in the omnibus state appropriations
act, the total amount of operating fees revenue waived, exempted, or
reduced by a state university, a regional university, The Evergreen
State College, or the community colleges as a whole, shall not exceed
the percentage of total gross authorized operating fees revenue in this
subsection. As used in this section, "gross authorized operating fees
revenue" means the estimated gross operating fees revenue as estimated
under RCW 82.33.020 or as revised by the office of financial
management, before granting any waivers. This limitation applies to
all tuition waiver programs established before or after July 1, 1992.
(a) University of Washington 21 percent
(b) Washington State University 20 percent
(c) Eastern Washington University 11 percent
(d) Central Washington University 10 percent
(e) Western Washington University 10 percent
(f) The Evergreen State College 10 percent
(g) Community colleges as a whole 35 percent
(2) The limitations in subsection (1) of this section apply to
waivers, exemptions, or reductions in operating fees contained in the
following:
(a) RCW 28B.15.014;
(b) RCW 28B.15.100;
(c) RCW 28B.15.225;
(d) RCW 28B.15.380;
(e) RCW 28B.15.520;
(f) RCW 28B.15.526;
(g) RCW 28B.15.527;
(h) RCW 28B.15.543;
(i) RCW 28B.15.545;
(j) RCW 28B.15.555;
(k) RCW 28B.15.556;
(l) RCW 28B.15.615;
(m) RCW 28B.15.621 (2) and (4) (as recodified by this act);
(n) RCW 28B.15.730;
(o) RCW 28B.15.740;
(p) RCW 28B.15.750;
(q) RCW 28B.15.756;
(r) RCW 28B.50.259; and
(s) RCW 28B.70.050.
(3) The limitations in subsection (1) of this section do not apply
to waivers, exemptions, or reductions in services and activities fees
contained in the following:
(a) RCW 28B.15.522;
(b) RCW 28B.15.540;
(c) RCW 28B.15.558; and
(d) RCW 28B.15.621(3) (as recodified by this act).
(4) The total amount of operating fees revenue waived, exempted, or
reduced by institutions of higher education participating in the
western interstate commission for higher education western
undergraduate exchange program under RCW 28B.15.544 shall not exceed
the percentage of total gross authorized operating fees revenue in this
subsection.
(a) Washington State University 1 percent
(b) Eastern Washington University 3 percent
(c) Central Washington University 3 percent
(((5) The institutions of higher education will participate in
outreach activities to increase the number of veterans who receive
tuition waivers. Colleges and universities shall revise the
application for admissions so that all applicants shall have the
opportunity to advise the institution that they are veterans who need
assistance. If a person indicates on the application for admissions
that the person is a veteran who is in need of assistance, then the
institution of higher education shall ask the person whether they have
any funds disbursed in accordance with the Montgomery GI Bill available
to them. Each institution shall encourage veterans to utilize funds
available to them in accordance with the Montgomery GI Bill prior to
providing the veteran a tuition waiver.))
NEW SECTION. Sec. 7 The institutions of higher education shall
participate in outreach activities to increase the number of veterans
who receive tuition waivers. Colleges and universities shall revise
the application for admissions so that all applicants shall have the
opportunity to advise the institution that they are veterans who need
assistance. If a person indicates on the application for admissions
that the person is a veteran who is in need of assistance, then the
institution of higher education shall ask the person whether they have
any funds disbursed in accordance with the Montgomery GI Bill available
to them. Each institution shall encourage veterans to utilize funds
available to them in accordance with the Montgomery GI Bill prior to
providing the veteran a tuition waiver.
Sec. 8 RCW 41.06.133 and 2010 c 2 s 3 and 2010 c 1 s 2 are each
reenacted and amended to read as follows:
(1) The director shall adopt rules, consistent with the purposes
and provisions of this chapter and with the best standards of personnel
administration, regarding the basis and procedures to be followed for:
(a) The reduction, dismissal, suspension, or demotion of an
employee;
(b) Training and career development;
(c) Probationary periods of six to twelve months and rejections of
probationary employees, depending on the job requirements of the class,
except that entry level state park rangers shall serve a probationary
period of twelve months;
(d) Transfers;
(e) Promotional preferences;
(f) Sick leaves and vacations;
(g) Hours of work;
(h) Layoffs when necessary and subsequent reemployment, except for
the financial basis for layoffs;
(i) The number of names to be certified for vacancies;
(j) Adoption and revision of a state salary schedule to reflect the
prevailing rates in Washington state private industries and other
governmental units. The rates in the salary schedules or plans shall
be increased if necessary to attain comparable worth under an
implementation plan under RCW 41.06.155 and, for institutions of higher
education and related boards, shall be competitive for positions of a
similar nature in the state or the locality in which an institution of
higher education or related board is located. Such adoption and
revision is subject to approval by the director of financial management
in accordance with chapter 43.88 RCW;
(k) Increment increases within the series of steps for each pay
grade based on length of service for all employees whose standards of
performance are such as to permit them to retain job status in the
classified service. From February 18, 2009, through June 30, 2011, a
salary or wage increase shall not be granted to any exempt position
under this chapter, except that a salary or wage increase may be
granted to employees pursuant to collective bargaining agreements
negotiated under chapter 28B.52, 41.56, 47.64, or 41.76 RCW, or
negotiated by the nonprofit corporation formed under chapter 67.40 RCW,
and except that increases may be granted for positions for which the
employer has demonstrated difficulty retaining qualified employees if
the following conditions are met:
(i) The salary increase can be paid within existing resources; and
(ii) The salary increase will not adversely impact the provision of
client services;
Any agency granting a salary increase from February 15, 2010,
through June 30, 2011, to a position exempt under this chapter shall
submit a report to the fiscal committees of the legislature no later
than July 31, 2011, detailing the positions for which salary increases
were granted, the size of the increases, and the reasons for giving the
increases;
(l) Optional lump sum relocation compensation approved by the
agency director, whenever it is reasonably necessary that a person make
a domiciliary move in accepting a transfer or other employment with the
state. An agency must provide lump sum compensation within existing
resources. If the person receiving the relocation payment terminates
or causes termination with the state, for reasons other than layoff,
disability separation, or other good cause as determined by an agency
director, within one year of the date of the employment, the state is
entitled to reimbursement of the lump sum compensation from the
person((;)).
(m) Providing for veteran's preference as required by existing
statutes, with recognition of preference in regard to layoffs and
subsequent reemployment for veterans and their surviving spouses by
giving such eligible veterans and their surviving spouses additional
credit in computing their seniority by adding to their unbroken state
service, as defined by the director, the veteran's service in the
military not to exceed five years. For the purposes of this section,
"veteran" means any person who has one or more years of active military
service in any branch of the armed forces of the United States or who
has less than one year's service and is discharged with a disability
incurred in the line of duty or is discharged at the convenience of the
government and who, upon termination of such service, has received an
honorable discharge, a discharge for physical reasons with an honorable
record, or a release from active military service with evidence of
service other than that for which an undesirable, bad conduct, or
dishonorable discharge shall be given. However, the surviving spouse
of a veteran is entitled to the benefits of this section regardless of
the veteran's length of active military service. For the purposes of
this section, "veteran" does not include any person who has voluntarily
retired with twenty or more years of active military service and whose
military retirement pay is in excess of five hundred dollars per
month
(2) Rules adopted under this section by the director shall provide
for local administration and management by the institutions of higher
education and related boards, subject to periodic audit and review by
the director.
(3) Rules adopted by the director under this section may be
superseded by the provisions of a collective bargaining agreement
negotiated under RCW 41.80.001 and 41.80.010 through 41.80.130. The
supersession of such rules shall only affect employees in the
respective collective bargaining units.
(4)(a) The director shall require that each state agency report
annually the following data:
(i) The number of classified, Washington management service, and
exempt employees in the agency and the change compared to the previous
report;
(ii) The number of bonuses and performance-based incentives awarded
to agency staff and the base wages of such employees; and
(iii) The cost of each bonus or incentive awarded.
(b) A report that compiles the data in (a) of this subsection for
all agencies will be provided annually to the governor and the
appropriate committees of the legislature and must be posted for the
public on the department of personnel's agency web site.
(5) From February 15, 2010, until June 30, 2011, no monetary
performance-based awards or incentives may be granted by the director
or employers to employees covered by rules adopted under this section.
This subsection does not prohibit the payment of awards provided for in
chapter 41.60 RCW.
NEW SECTION. Sec. 9 (1) The director of personnel shall adopt
rules, consistent with the purposes and provisions of chapter 41.06 RCW
and with the best standards of personnel administration, regarding the
basis and procedures to be followed for providing for veteran's
preference as required by existing statutes, with recognition of
preference in regard to layoffs and subsequent reemployment for
veterans and their surviving spouses by giving such eligible veterans
and their surviving spouses additional credit in computing their
seniority by adding to their unbroken state service, as defined by the
director, the veteran's service in the military not to exceed five
years. For the purposes of this section, "veteran" means any person
who has one or more years of active military service in any branch of
the armed forces of the United States or who has less than one year's
service and is discharged with a disability incurred in the line of
duty or is discharged at the convenience of the government and who,
upon termination of such service, has received an honorable discharge,
a discharge for physical reasons with an honorable record, or a release
from active military service with evidence of service other than that
for which an undesirable, bad conduct, or dishonorable discharge shall
be given. However, the surviving spouse of a veteran is entitled to
the benefits of this section regardless of the veteran's length of
active military service. For the purposes of this section, "veteran"
does not include any person who has voluntarily retired with twenty or
more years of active military service and whose military retirement pay
is in excess of five hundred dollars per month.
(2) Rules adopted under this section by the director shall provide
for local administration and management by the institutions of higher
education and related boards, subject to periodic audit and review by
the director.
(3) Rules adopted by the director under this section may be
superseded by the provisions of a collective bargaining agreement
negotiated under RCW 41.80.001 and 41.80.010 through 41.80.130. The
supersession of such rules shall only affect employees in the
respective collective bargaining units.
NEW SECTION. Sec. 10 The Washington personnel resources board
shall adopt rules, consistent with the purposes and provisions of
chapter 41.06 RCW, and with the best standards of personnel
administration, regarding the basis and procedures to be followed for
providing for veteran's preference as required by existing statutes,
with recognition of preference in regard to layoffs and subsequent
reemployment for veterans and their surviving spouses by giving such
eligible veterans and their surviving spouses additional credit in
computing their seniority by adding to their unbroken state service, as
defined by the board, the veteran's service in the military not to
exceed five years. For the purposes of this section, "veteran" means
any person who has one or more years of active military service in any
branch of the armed forces of the United States or who has less than
one year's service and is discharged with a disability incurred in the
line of duty or is discharged at the convenience of the government and
who, upon termination of such service has received an honorable
discharge, a discharge for physical reasons with an honorable record,
or a release from active military service with evidence of service
other than that for which an undesirable, bad conduct, or dishonorable
discharge shall be given: PROVIDED, HOWEVER, That the surviving spouse
of a veteran is entitled to the benefits of this section regardless of
the veteran's length of active military service: PROVIDED FURTHER,
That for the purposes of this section "veteran" does not include any
person who has voluntarily retired with twenty or more years of active
military service and whose military retirement pay is in excess of five
hundred dollars per month.
Sec. 11 RCW 41.16.220 and 2007 c 218 s 38 are each amended to
read as follows:
Any person who was a member of the fire department and within the
provisions of chapter 50, Laws of 1909, as amended, at the time he or
she entered, and who is a veteran, as defined in RCW 41.04.005 (as
recodified by this act), shall have added and accredited to his or her
period of employment as a firefighter as computed under ((this))
chapter 41.16 RCW his or her period of war service in such armed forces
upon payment by him or her of his or her contribution for the period of
his or her absence, at the rate provided by chapter 50, Laws of 1909,
as amended, for other members: PROVIDED, HOWEVER, Such accredited
service shall not in any case exceed five years.
Sec. 12 RCW 41.20.050 and 1973 1st ex.s. c 181 s 3 are each
amended to read as follows:
Whenever a person has been duly appointed, and has served honorably
for a period of twenty-five years, as a member, in any capacity, of the
regularly constituted police department of a city subject to the
provisions of this chapter, the board, after hearing, if one is
requested in writing, may order and direct that such person be retired,
and the board shall retire any member so entitled, upon his written
request therefor. The member so retired hereafter shall be paid from
the fund during his lifetime a pension equal to fifty percent of the
amount of salary at any time hereafter attached to the position held by
the retired member for the year preceding the date of his retirement:
PROVIDED, That, except as to a position higher than that of captain
held for at least three calendar years prior to date of retirement, no
such pension shall exceed an amount equivalent to fifty percent of the
salary of captain, and all existing pensions shall be increased to not
less than three hundred dollars per month as of April 25, 1973:
PROVIDED FURTHER, That a person hereafter retiring who has served as a
member for more than twenty-five years, shall have his pension payable
under this section increased by two percent of his salary per year for
each full year of such additional service to a maximum of five
additional years.
Any person who has served in a position higher than the rank of
captain for a minimum of three years may elect to retire at such higher
position and receive for his lifetime a pension equal to fifty percent
of the amount of the salary at any time hereafter attached to the
position held by such retired member for the year preceding his date of
retirement: PROVIDED, That such person make the said election to
retire at a higher position by September 1, 1969 and at the time of
making the said election, pay into the relief and pension fund in
addition to the contribution required by RCW 41.20.130: (1) an amount
equal to six percent of that portion of all monthly salaries previously
received upon which a sum equal to six percent has not been previously
deducted and paid into the police relief and pension fund; (2) and such
person agrees to continue paying into the police relief and pension
fund until the date of retirement, in addition to the contributions
required by RCW 41.20.130, an amount equal to six percent of that
portion of monthly salary upon which a six percent contribution is not
currently deducted pursuant to RCW 41.20.130.
((Any person affected by this chapter who at the time of entering
the armed services was a member of such police department and is a
veteran as defined in RCW 41.04.005, shall have added to his period of
employment as computed under this chapter, his period of war service in
the armed forces, but such credited service shall not exceed five years
and such period of service shall be automatically added to each
member's service upon payment by him of his contribution for the period
of his absence at the rate provided in RCW 41.20.130.))
NEW SECTION. Sec. 13 Any person affected by chapter 41.20 RCW
who at the time of entering the armed services was a member of a police
department subject to chapter 41.20 RCW and is a veteran as defined in
RCW 41.04.005 (as recodified by this act), shall have added to his or
her period of employment as computed under this chapter, his or her
period of war service in the armed forces, but such credited service
shall not exceed five years and such period of service shall be
automatically added to each member's service upon payment by him or her
of his or her contribution for the period of his or her absence at the
rate provided in RCW 41.20.130.
Sec. 14 RCW 42.56.440 and 2005 c 274 s 424 are each amended to
read as follows:
(1) Discharge papers of a veteran of the armed forces of the United
States filed at the office of the county auditor before July 1, 2002,
that have not been commingled with other recorded documents are exempt
from disclosure under ((this)) chapter 42.56 RCW. These records will
be available only to the veteran, the veteran's next of kin, a deceased
veteran's properly appointed personal representative or executor, a
person holding that veteran's general power of attorney, or to anyone
else designated in writing by that veteran to receive the records.
(2) Discharge papers of a veteran of the armed forces of the United
States filed at the office of the county auditor before July 1, 2002,
that have been commingled with other records are exempt from disclosure
under ((this)) chapter 42.56 RCW, if the veteran has recorded a
"request for exemption from public disclosure of discharge papers" with
the county auditor. If such a request has been recorded, these records
may be released only to the veteran filing the papers, the veteran's
next of kin, a deceased veteran's properly appointed personal
representative or executor, a person holding the veteran's general
power of attorney, or anyone else designated in writing by the veteran
to receive the records.
(3) Discharge papers of a veteran filed at the office of the county
auditor after June 30, 2002, are not public records, but will be
available only to the veteran, the veteran's next of kin, a deceased
veteran's properly appointed personal representative or executor, a
person holding the veteran's general power of attorney, or anyone else
designated in writing by the veteran to receive the records.
(4) For the purposes of this section, next of kin of deceased
veterans have the same rights to full access to the record. Next of
kin are the veteran's widow or widower who has not remarried, son,
daughter, father, mother, brother, and sister.
NEW SECTION. Sec. 15 Veterans and disabled veterans as defined
in the Vietnam Era Veterans Readjustment Act of 1974, Title 41 C.F.R.,
chapter 60, part 60-250, who are on the state patrol's eligible list
may be referred for additional consideration for a vacancy pursuant to
RCW 43.43.340(3).
NEW SECTION. Sec. 16 Eligible veterans and national guard
members are a target population for workforce education under the green
economy jobs growth initiative in RCW 43.330.310. The evergreen jobs
initiative under RCW 43.330.375 includes projects that create
employment opportunities for veterans and members of the national
guard. The department of commerce must require weatherizing agencies
to create employment opportunities for veterans and national guard
members under RCW 70.164.040.
NEW SECTION. Sec. 17 To enable a larger number of veteran
contractors to effectively compete for department of transportation
contracts, the department pursuant to RCW 47.28.030 may adopt rules
providing for bids and award of contracts for the performance of work,
or furnishing equipment, materials, supplies, or operating services
whenever any work is to be performed and the engineer's estimate
indicates the cost of the work would not exceed one hundred thousand
dollars.
Sec. 18 RCW 68.50.230 and 2009 c 102 s 20 and 2009 c 56 s 1 are
each reenacted and amended to read as follows:
(((1))) Whenever any human remains shall have been in the lawful
possession of any person, firm, corporation, or association for a
period of ninety days or more, and the relatives of, or persons
interested in, the deceased person shall fail, neglect, or refuse to
direct the disposition, the human remains may be disposed of by the
person, firm, corporation, or association having such lawful possession
thereof, under and in accordance with rules adopted by the funeral and
cemetery board, not inconsistent with any statute of the state of
Washington or rule adopted by the state board of health.
(((2)(a) The department of veterans affairs may certify that the
deceased person to whom subsection (1) of this section applies was a
veteran or the dependent of a veteran eligible for interment at a
federal or state veterans' cemetery.))
(b) Upon certification of eligible veteran or dependent of a
veteran status under (a) of this subsection, the person, firm,
corporation, or association in possession of the veteran's or veteran's
dependent's remains shall transfer the custody and control of the
remains to the department of veterans affairs.
(c) The transfer of human remains under (b) of this subsection does
not create:
(i) A private right of action against the state or its officers and
employees or instrumentalities, or against any person, firm,
corporation, or association transferring the remains; or
(ii) Liability on behalf of the state, the state's officers,
employees, or instrumentalities; or on behalf of the person, firm,
corporation, or association transferring the remains.
NEW SECTION. Sec. 19 (1) The department of veterans affairs may
certify that the deceased person to whom RCW 68.50.230 applies was a
veteran or the dependent of a veteran eligible for interment at a
federal or state veterans' cemetery.
(2) Upon certification of eligible veteran or dependent of a
veteran status under subsection (1) of this section, the person, firm,
corporation, or association in possession of the veteran's or veteran's
dependent's remains shall transfer the custody and control of the
remains to the department of veterans affairs.
(3) The transfer of human remains under subsection (2) of this
section does not create:
(a) A private right of action against the state or its officers and
employees or instrumentalities, or against any person, firm,
corporation, or association transferring the remains; or
(b) Liability on behalf of the state, the state's officers,
employees, or instrumentalities; or on behalf of the person, firm,
corporation, or association transferring the remains.
NEW SECTION. Sec. 20 Under RCW 70.58.107, the department of
health may not demand or require a fee for furnishing certified copies
of a birth, death, fetal death, marriage, divorce, annulment, or legal
separation record for use in connection with a claim for compensation
or pension pending before the veterans administration.
Sec. 21 RCW 77.32.480 and 2007 c 254 s 3 are each amended to read
as follows:
Upon written application, a combination fishing license shall be
issued at the reduced rate of five dollars, and all hunting licenses
shall((,)) be issued at the reduced rate of a youth hunting license fee
for the following individuals:
(1) ((A resident sixty-five years old or older who is an honorably
discharged veteran of the United States armed forces having a service-connected disability;)) A resident with a disability who permanently uses a
wheelchair;
(2) A resident who is an honorably discharged veteran of the United
States armed forces with a thirty percent or more service-connected
disability;
(3)
(((4))) (2) A resident who is blind or visually impaired; and
(((5))) (3) A resident with a developmental disability as defined
in RCW 71A.10.020 with documentation of the disability certified by a
physician licensed to practice in this state.
NEW SECTION. Sec. 22 Upon written application, the department of
fish and wildlife shall issue a combination fishing license at the
reduced rate of five dollars, and all hunting licenses shall be issued
at the reduced rate of a youth hunting license fee for the following
individuals:
(1) A resident sixty-five years old or older who is an honorably
discharged veteran of the United States armed forces having a service-connected disability; and
(2) A resident who is an honorably discharged veteran of the United
States armed forces with a thirty percent or more service-connected
disability.
Sec. 23 RCW 79A.05.065 and 2010 c 161 s 1163 are each amended to
read as follows:
(1)(a) The commission shall grant to any person who meets the
eligibility requirements specified in this section a senior citizen's
pass which shall: (i) Entitle such a person, and members of his or her
camping unit, to a fifty percent reduction in the campsite rental fee
prescribed by the commission; and (ii) entitle such a person to free
admission to any state park.
(b) The commission shall grant a senior citizen's pass to any
person who applies for the senior citizen's pass and who meets the
following requirements:
(i) The person is at least sixty-two years of age;
(ii) The person is a domiciliary of the state of Washington and
meets reasonable residency requirements prescribed by the commission;
and
(iii) The person and his or her spouse have a combined income that
would qualify the person for a property tax exemption pursuant to RCW
84.36.381. The financial eligibility requirements of this subsection
(1)(b)(iii) apply regardless of whether the applicant for a senior
citizen's pass owns taxable property or has obtained or applied for
such property tax exemption.
(c) Each senior citizen's pass granted pursuant to this section is
valid as long as the senior citizen meets the requirements of (b)(ii)
of this subsection. A senior citizen meeting the eligibility
requirements of this section may make a voluntary donation for the
upkeep and maintenance of state parks.
(d) A holder of a senior citizen's pass shall surrender the pass
upon request of a commission employee when the employee has reason to
believe the holder fails to meet the criteria in (b) of this
subsection. The holder shall have the pass returned upon providing
proof to the satisfaction of the director that the holder meets the
eligibility criteria for obtaining the senior citizen's pass.
(2)(a) Any resident of Washington who is disabled as defined by the
social security administration and who receives social security
benefits for that disability, or any other benefits for that disability
from any other governmental or nongovernmental source, or who is
entitled to benefits for permanent disability under RCW 71A.10.020(3)
due to unemployability full time at the minimum wage, or who is legally
blind or profoundly deaf, or who has been issued a card, decal, or
special license plate for a permanent disability under RCW 46.16.381
shall be entitled to receive, regardless of age and upon making
application therefor, a disability pass at no cost to the holder. The
pass shall: (i) Entitle such a person, and members of his or her
camping unit, to a fifty percent reduction in the campsite rental fee
prescribed by the commission; and (ii) entitle such a person to free
admission to any state park.
(b) A card, decal, or special license plate issued for a permanent
disability under RCW 46.19.010 may serve as a pass for the holder to
entitle that person and members of the person's camping unit to a fifty
percent reduction in the campsite rental fee prescribed by the
commission, and to allow the holder free admission to state parks.
(3) ((Any resident of Washington who is a veteran and has a
service-connected disability of at least thirty percent shall be
entitled to receive a lifetime veteran's disability pass at no cost to
the holder. The pass shall: (a) Entitle such a person, and members of
his or her camping unit, to free use of any campsite within any state
park; (b) entitle such a person to free admission to any state park;
and (c) entitle such a person to an exemption from any reservation
fees.))(a) Any Washington state resident who provides out-of-home
care to a child, as either a licensed foster-family home or a person
related to the child, is entitled to a foster home pass.
(4)
(b) An applicant for a foster home pass must request a pass in the
manner required by the commission. Upon receipt of a properly
submitted request, the commission shall verify with the department of
social and health services that the applicant qualifies under (a) of
this subsection. Once issued, a foster home pass is valid for the
period, which may not be less than one year, designated by the
commission.
(c) When accompanied by a child receiving out-of-home care from the
pass holder, a foster home pass: (i) Entitles such a person, and
members of his or her camping unit, to free use of any campsite within
any state park; and (ii) entitles such a person to free admission to
any state park.
(d) For the purposes of this subsection (((4))) (3):
(i) "Out-of-home care" means placement in a foster-family home or
with a person related to the child under the authority of chapter
13.32A, 13.34, or 74.13 RCW;
(ii) "Foster-family home" has the same meaning as defined in RCW
74.15.020; and
(iii) "Person related to the child" means those persons referred to
in RCW 74.15.020(2)(a) (i) through (vi).
(((5))) (4) All passes issued pursuant to this section are valid at
all parks any time during the year. However, the pass is not valid for
admission to concessionaire operated facilities.
(((6))) (5) The commission shall negotiate payment and costs, to
allow holders of a foster home pass free access and usage of park
campsites, with the following nonoperated, nonstate-owned parks:
Central Ferry, Chief Timothy, Crow Butte, and Lyons Ferry. The
commission shall seek state general fund reimbursement on a biennial
basis.
(((7))) (6) The commission may deny or revoke any Washington state
park pass issued under this section for cause, including but not
limited to the following:
(a) Residency outside the state of Washington;
(b) Violation of laws or state park rules resulting in eviction
from a state park;
(c) Intimidating, obstructing, or assaulting a park employee or
park volunteer who is engaged in the performance of official duties;
(d) Fraudulent use of a pass;
(e) Providing false information or documentation in the application
for a state parks pass;
(f) Refusing to display or show the pass to park employees when
requested; or
(g) Failing to provide current eligibility information upon request
by the agency or when eligibility ceases or changes.
(((8))) (7) This section shall not affect or otherwise impair the
power of the commission to continue or discontinue any other programs
it has adopted for senior citizens.
(((9))) (8) The commission may engage in a mutually agreed upon
reciprocal or discounted program for all or specific pass programs with
other outdoor recreation agencies.
(((10))) (9) The commission shall adopt those rules as it finds
appropriate for the administration of this section. Among other
things, the rules shall prescribe a definition of "camping unit" which
will authorize a reasonable number of persons traveling with the person
having a pass to stay at the campsite rented by such a person, a
minimum Washington residency requirement for applicants for a senior
citizen's pass, and an application form to be completed by applicants
for a senior citizen's pass.
NEW SECTION. Sec. 24 Any resident of Washington who is a veteran
and has a service-connected disability of at least thirty percent shall
be entitled to receive a lifetime veteran's disability pass from the
state parks and recreation commission at no cost to the holder. The
pass shall: (1) Entitle such a person, and members of his or her
camping unit, to free use of any campsite within any state park; (2)
entitle such a person to free admission to any state park; and (3)
entitle such a person to an exemption from any reservation fees.
Sec. 25 RCW 82.24.290 and 1995 c 278 s 14 are each amended to
read as follows:
The taxes imposed by ((this)) chapter 82.24 RCW do not apply to the
sale of cigarettes to:
(1) United States army, navy, air force, marine corps, or coast
guard exchanges and commissaries and navy or coast guard ships' stores;
(2) The United States veterans' administration; or
(3) Any authorized purchaser from the federal instrumentalities
named in subsection (1) or (2) of this section.
NEW SECTION. Sec. 26 The following sections are each recodified
as sections in a new chapter in Title 73 RCW:
RCW 2.48.070
RCW 2.48.080
RCW 2.48.090
RCW 2.48.100
RCW 2.48.110
RCW 26.19.045
RCW 28A.230.160
RCW 28A.300.370
RCW 28A.660.050
RCW 28A.660.055
RCW 28B.15.621
RCW 28B.15.910
RCW 37.08.280
RCW 41.04.005
RCW 41.04.007
RCW 41.04.010
RCW 41.16.220
RCW 42.56.440
RCW 43.60A.150
RCW 43.60A.151
RCW 43.60A.152
RCW 43.60A.153
RCW 43.180.250
RCW 46.04.164
RCW 46.16A.215
RCW 46.18.210
RCW 46.18.212
RCW 46.18.230
RCW 46.18.235
RCW 46.18.245
RCW 46.18.265
RCW 46.18.270
RCW 46.18.280
RCW 46.18.295
RCW 46.20.027
RCW 47.01.430
RCW 74.04.635
RCW 74.04.657
RCW 82.24.290
Sections 2, 4, 7, 9, 10, 13, 15 through 17, 19, 20, 22, and 24 of
this act.
NEW SECTION. Sec. 27 The following chapters are each recodified
as chapters in Title 73 RCW:
(1) Chapter 43.60A RCW, department of veterans affairs;
(2) Chapter 43.61 RCW, veterans' rehabilitation council;
(3) Chapter 72.36 RCW, soldiers' and veterans' homes and veterans'
cemetery; and
(4) Chapter 84.39 RCW, property tax exemption--widows or widowers
of veterans.
NEW SECTION. Sec. 28 The code reviser shall prepare a bill for
introduction at the next legislative session that corrects references
to the sections affected by this act.