wa-law.org > bill > 2025-26 > SB 5827 > Substitute Bill

SB 5827 - Veterans/discharge def.

Source

Section 1

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.

Section 2

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:

  1. 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;

  2. 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;

  3. 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;

  4. All veterans' scoring criteria may be claimed:

    1. Upon release from active military service with a qualifying discharge as defined in RCW 73.04.005;

    2. 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

    3. [Empty]

      1. Upon receipt of a predischarge certification as defined in RCW 73.04.005, provided that:

(A) The predischarge certification was issued not more than 120 days prior to the date of submission; and

(B) The individual provides the official discharge documentation, such as a DD form 214, NGB form 22, or equivalent or successor discharge paperwork, that characterizes his or her discharge as a qualifying discharge as defined in RCW 73.04.005, within 30 days after the date of discharge.

    ii. If official discharge documentation is not provided within 30 days of discharge, the employing agency shall notify the individual and afford a reasonable opportunity, a minimum of 15 days, to submit the required documentation.

    iii. If official discharge documentation is not provided within that additional period, the agency may rescind any appointment or benefit granted based solely on the predischarge certification.

    iv. The predischarge certification shall not be used to determine eligibility for preference beyond the date of discharge, including in layoff or retention actions, unless and until official discharge paperwork is submitted.

Section 3

  1. 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, 73.16.010, and 77.32.480:

    1. A "qualifying discharge" means:

      1. A discharge with an honorable characterization of service;

      2. A discharge with a general under honorable conditions characterization of service;

      3. 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

      4. Any characterization of service if the reason for discharge was listed as solely due to: (A) A person's sexual orientation, gender identity, or gender expression; (B) 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 (C) the disclosure of statements, conduct, or acts relating to sexual orientation, gender identity, or gender expression to military officials.

    2. [Empty]

      1. 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:

(A) The individual's characterization of service; and

(B) If an individual has a qualifying discharge under (a)(iv) of this subsection, also the individual's reason for discharge or narrative reason for separation.

    ii. 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.

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    1. For purposes of RCW 41.04.010 and 73.16.010, proof may also include a predischarge certification.

    2. A "predischarge certification" means a written statement issued by an individual's branch of service that: (i) States the individual is expected to be discharged or released from active duty under a qualifying discharge; (ii) includes the expected date of discharge; and (iii) includes the characterization of service.

    3. Agencies shall:

      1. Develop written procedures to verify the characterization of service and expected discharge date as stated in a predischarge certification; and

      2. Track and document the receipt of official discharge documentation and ensure that any appointment made on the basis of a predischarge certification is confirmed only upon receipt of such documentation.

    4. Agencies shall not take adverse actions, such as termination or rescission of offer, based on a discrepancy between a predischarge certification and official discharge documents without first providing notice and an opportunity for the individual to be heard.

    5. A predischarge certification may be used to establish eligibility for veterans' preference for initial appointment, but must not be used to determine retention or layoff preference unless the individual has provided official discharge documentation confirming the qualifying discharge.

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