S-1310               _______________________________________________

 

                                                   SENATE BILL NO. 5662

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Senators Lee, McCaslin and DeJarnatt

 

 

Read first time 2/1/89 and referred to Committee on   Governmental Operations.

 

 


AN ACT Relating to public employment; amending RCW 41.04.010 and 70.84.080; adding a new section to chapter 41.06 RCW; and adding a new section to chapter 28B.16 RCW.

 

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

 

          NEW SECTION.  Sec. 1.  A new section is added to chapter 41.06 RCW to read as follows:

          (1) In all competitive examinations, unless otherwise provided in section 2 of this act or RCW 41.04.010, to determine the qualifications of applicants for positions under this chapter, a preference status shall be granted to persons who have a sensory, mental, or physical handicap unless it is shown that the particular handicap prevents the performance of the work involved.

          (2) The preference status granted under this section shall be five percent added to the passing mark, grade, or rating only, based upon a possible rating of one hundred as perfect.  The preference is to be utilized in a competitive examination only and shall not be utilized in any promotional examination.

          (3) The board shall adopt rules, as necessary, establishing criteria for determining eligibility for the preference established under this section.  The rules adopted under this section shall ensure that employees under this chapter receive the same treatment as employees under chapter 28B.16 RCW with respect to the preference granted under this section.

          (4) There shall be no examination preferences other than those which have been specifically provided for in this section, section 2 of this act, and RCW 41.04.010.  Applicants eligible for an employment preference under RCW 41.04.010 and under this section or section 2 of this act may claim only one preference.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 28B.16 RCW to read as follows:

          (1) In all competitive examinations, unless otherwise provided in section 1 of this act or RCW 41.04.010, to determine the qualifications of applicants for positions under this chapter, a preference status shall be granted to persons who have a sensory, mental, or physical handicap unless it is shown that the particular handicap prevents the performance of the work involved.

          (2) The preference status granted under this section shall be five percent added to the passing mark, grade, or rating only, based upon a possible rating of one hundred as perfect.  The preference is to be utilized in a competitive examination only and shall not be utilized in any promotional examination.

          (3) The board shall adopt rules, as necessary, establishing criteria for determining eligibility for the preference established under this section.  The rules adopted under this section shall ensure that employees under this chapter receive the same treatment as employees under chapter 41.06 RCW with respect to the preference granted under this section.

          (4) There shall be no examination preferences other than those which have been specifically provided for in this section, section 1 of this act, and RCW 41.04.010.  Applicants eligible for an employment preference under RCW 41.04.010 and under this section or section 1 of this act may claim only one preference.

 

        Sec. 3.  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 section, section 1 of this act, or section 2 of this act, 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, section 1 of this act, and section 2 of this 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 act or section 2 of this act may claim only one preference.

 

        Sec. 4.  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 act or section 2 of this act, unless it is shown that the particular disability prevents the performance of the work involved.