wa-law.org > bill > 2025-26 > SB 5827 > Original Bill
The legislature finds that agencies may deny an applicant's request for veteran preference because the applicant is currently serving in the United States military and does not yet meet the definition of a veteran prior to the applicant's official discharge or release date from military service. The legislature further finds that some applicants are denied the preference despite receipt of an official statement of service memorandum from their commanding officer or delegated authority that includes expected discharge characterization and expected discharge or release from service date. The legislature recognizes the negative impact these actions have on active duty service members who are in the process of securing jobs prior to their separation date from service because service members generally do not receive a DD form 214 (military separation paperwork) until their last day of active service and most service members would prefer to have civilian jobs secured prior to their separation date. The legislature intends to clarify the requirements for veteran preference to ensure a smooth transition into civil employment.
In all competitive examinations, unless otherwise provided in this section, to determine the qualifications of applicants for public offices, positions, or employment, either the state, and all of its political subdivisions and all municipal corporations, or private companies or agencies contracted with by the state to give the competitive examinations shall give a scoring criteria status to all veterans as defined in RCW 41.04.007, 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:
Ten percent to a veteran who served during a period of war or in an armed conflict as defined in RCW 41.04.005 and does not receive military retirement. The percentage shall be added to the passing mark, grade, or rating of competitive examinations until the veteran's first appointment. The percentage shall not be utilized in promotional examinations;
Five percent to a veteran who did not serve during a period of war or in an armed conflict as defined in RCW 41.04.005 or is receiving military retirement. The percentage shall be added to the passing mark, grade, or rating of competitive examinations until the veteran's first appointment. The percentage shall not be utilized in promotional examinations;
Five percent to a veteran who was called to active military service from employment with the state or any of its political subdivisions or municipal corporations. The percentage shall be added to promotional examinations until the first promotion only;
All veterans' scoring criteria may be claimed:
Upon release from active military service with a qualifying discharge as defined in RCW 73.04.005;
Upon receipt of a United States department of defense discharge document DD form 214, NGB form 22, or their equivalent or successor discharge paperwork, that characterizes his or her discharge as a qualifying discharge as defined in RCW 73.04.005; or
Upon receipt of an official statement of service memorandum from the individual's commander or the commander's designated representative that includes projected discharge characterization and expected discharge or release date from military service. The official documents listed in (b) of this subsection must be provided no later than 30 days after official separation from military service.
For purposes of RCW 9.46.070, 28A.230.120, 28B.15.012, 28B.15.621, 28B.102.020, 41.04.005, 41.04.007, 41.04.010, 41.06.133, 41.08.040, 41.12.040, 43.24.130, 43.70.270, 46.18.270, 46.18.280, 46.20.161, 72.36.030, 73.08.005, and 77.32.480:
A "qualifying discharge" means:
A discharge with an honorable characterization of service;
A discharge with a general under honorable conditions characterization of service;
A discharge with an other than honorable characterization of service if the applicant provides a letter, administrative decision, or other documentation from the United States department of veterans affairs showing eligibility for or receipt of monetary benefits, such as disability compensation or nonservice-connected pension; or
Any characterization of service if the reason for discharge was listed as solely due to: (i) A person's sexual orientation, gender identity, or gender expression; (ii) statements, consensual sexual conduct, or consensual acts relating to sexual orientation, gender identity, or gender expression unless the statements, conduct, or acts are or were prohibited by the uniform code of military justice on grounds other than the person's sexual orientation, gender identity, or gender expression; or (iii) the disclosure of statements, conduct, or acts relating to sexual orientation, gender identity, or gender expression to military officials.
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To prove a "qualifying discharge" under this section, an individual must provide official documentation that shows the following to the agency administering the sought benefit or protection:
The individual's characterization of service; and
If an individual has a qualifying discharge under subsection (1)(d) of this section, also the individual's reason for discharge or narrative reason for separation.
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Proof may include, but is not limited to, a department of defense DD form 214, NGB form 22, or equivalent or successor official paperwork stating the required information from a government agency. Copies of official documents are acceptable as proof.
Proof may also include an official statement of service memorandum from the individual's commander or the commander's designated representative that includes projected discharge characterization and expected discharge or release date from military service. The official documents listed in (b)(i) of this subsection must be provided 30 days after official separation from military service.