H-3759              _______________________________________________

                                                   HOUSE BILL NO. 1459

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Barnes, Beck, Sanders, Rasmussen, H. Sommers, K. Wilson and Ferguson

Read first time 1/15/88 and referred to Committee on Commerce & Labor. Referred to Committee on State Government 1/18/88.

AN ACT Relating to public employment; amending RCW 41.04.010 and 70.84.080; and adding a new section to chapter 41.04 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 41.04 RCW to read as follows:

          (1) In all competitive examinations, unless otherwise provided in this chapter, to determine the qualifications of applicants for public offices, positions or employment, the state, and all of its political subdivisions and all municipal corporations, shall give a preference status to persons who are not disqualified under RCW 70.84.080 and are blind, visually impaired, hearing impaired, or physically handicapped by reason of paralysis, amputation, or disease that causes physical limitations.  A percentage based upon the following shall be added to the passing mark, grade or rating only, based upon a possible rating of one hundred as perfect:

          (a) Ten percent to persons who have a permanent total disability under the criteria established by the department of personnel.  The preference is to be utilized in a competitive examination only and shall not be utilized in any promotional examination.

          (b) Five percent to persons who have a permanent partial disability under the criteria established by the department of personnel.  The preference is to be utilized in a competitive examination only and shall not be utilized in any promotional examination.

          (2) The department of personnel shall develop criteria establishing medical definitions of permanent partial disability and permanent total disability to be used in determining eligibility for the employment preference.  The standards developed by the department of labor and industries for evaluation of permanent bodily impairment shall be used by the department in developing the criteria.

          (3) There shall be no examination preferences other than those which have been specifically provided for in this section and in RCW 41.04.010.  Applicants eligible for an employment preference under RCW 41.04.010  and under this section may claim only one preference.

        Sec. 2.  Section 1, chapter 189, Laws of 1945 as last amended by section 1, chapter 170, Laws of 1974 ex. sess. and RCW 41.04.010 are each amended to read as follows:

          In all competitive examinations, unless otherwise provided ((herein)) in this chapter, to determine the qualifications of applicants for public offices, positions or employment, the state, and all of its political subdivisions and all municipal corporations, shall give a preference status to all veterans as defined in RCW 41.04.005, by adding to the passing mark, grade or rating only, based upon a possible rating of one hundred points as perfect a percentage in accordance with the following:

          (1) Ten percent to a veteran who is not receiving any veterans retirement payments and said percentage shall be utilized in said veteran's competitive examination and not in any promotional examination until one of such examinations results in said veteran's first appointment:  PROVIDED, That said percentage shall not be utilized in any promotional examination;

          (2) Five percent to a veteran who is receiving any veterans retirement payments and said percentage shall be utilized in said veteran's competitive examination only and not in any promotional examination until one of such examinations results in said veteran's first appointment:  PROVIDED, That said percentage shall not be utilized in any promotional examination;

          (3) Five percent to a veteran who, after having previously received employment with the state or any of its political subdivisions or municipal corporations, shall be called, or recalled, to active military service for a period of one year, or more, during any period of war, for his first promotional examination only, upon compliance with RCW 73.16.035 as it now exists or may hereafter be amended;

          (4) There shall be no examination preferences other than those which have been specifically provided for ((above)) in this section and section 1 of this 1988 act and all preferences above specified in (1), (2) and (3) must be claimed by a veteran within eight years of the date of his release from active service.  Persons eligible for an employment preference under this section and under section 1 of this 1988 act may claim only one preference.

        Sec. 3.  Section 9, chapter 141, Laws of 1969 as amended by section 8, chapter 109, Laws of 1980 and RCW 70.84.080 are each amended to read as follows:

          In accordance with the policy set forth in RCW 70.84.010, the blind, the visually handicapped, the hearing impaired, and the otherwise physically disabled shall be employed in the state service, in the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied except as provided in section 1 of this 1988 act, unless it is shown that the particular disability prevents the performance of the work involved.