Washington State House of Representatives Office of Program Research | BILL ANALYSIS |
Labor & Workplace Standards Committee |
HB 2543
This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent. |
Brief Description: Addressing civil service qualifications.
Sponsors: Representatives Stokesbary, Hickel, Stambaugh, Moscoso, Kochmar, Fitzgibbon, Ryu, Santos, Peterson, Walkinshaw, Frame, Fey, Muri, Van De Wege, Zeiger, Rossetti, Pettigrew and Stanford.
Brief Summary of Bill |
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Hearing Date: 1/25/16
Staff: Joan Elgee (786-7106).
Background:
Law enforcement.
Under state law, United States citizenship is required for applicants for city police and county sheriff civil service positions. Separate laws require the police chief and sheriff to be U.S. citizens.
Cities with more than six commissioned officers, including the chief, may exempt a number of positions depending on the size of the city. Civil service is not required for very small cities. For county sheriff's offices, all employees are classified civil service, except that the county may exclude a number of positions depending on the size of the sheriff's office.
The Criminal Justice Training Commission (CJTC) certifies applicants for fully commissioned peace officer or reserve officer positions. The CJTC has power to require county, city, and state law enforcement agencies to administer a background investigation of applicants for these positions. Under CJTC rules, proof of United States citizenship is required. Peace officers include, in addition to city and county law enforcement officers, commissioned Washington State Patrol officers and Department of Fish and Wildlife officers with enforcement powers for all criminal laws.
Firefighters.
State law also specifies that U.S. citizenship is required for city fire department civil service positions. All full positions are classified civil service, except that a city may exclude the chief. A fire protection district may also provide for civil service.
Lawful permanent residents.
Under federal immigration law, a person "lawfully admitted for permanent residence" is a person who has been lawfully accorded the privilege of residing permanently in the United States as an immigrant. These persons are also known as green card holders. A person may become a lawful permanent resident through family, a job, or through other specified means.
Summary of Bill:
The background investigation for a fully commissioned peace officer or reserve officer includes verification of immigrant or citizen status as either a citizen of the United States or a lawful permanent resident. This qualification applies to city and county law enforcement personnel, Washington State Patrol officers, and Department of Fish and Wildlife officers with enforcement powers for all criminal laws.
Lawful permanent resident status is an alternative to the requirement that city police and sheriff, and city fire department civil service applicants be U.S. citizens. The laws specifying requirements for civil service applicants are clarified to apply only to the respective civil service law. Citizenship continues to be a requirement for sheriffs and police chiefs.
A "lawful permanent resident" is a person "lawfully admitted for permanent residence" under Federal law.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.