Bill Summary – FastDemocracy

S-4042.1
                           SUBSTITUTE SENATE BILL 5871
     State of Washington        68th Legislature         2024 Regular Session
     By Senate State Government & Elections (originally sponsored by
     Senators Lovick, Cleveland, Conway, Dozier, Hasegawa, Hunt, Kuderer,
     Liias, Lovelett, Muzzall, Nguyen, Nobles, Padden, Pedersen, Randall,
     Rivers, Saldaña, Shewmake, Stanford, Torres, Trudeau, Valdez, Van De
     Wege, Wellman, and J. Wilson; by request of Attorney General)
     AN ACT Relating to the definition of veteran and restoring honor
 to veterans; amending RCW 41.04.005, 41.04.007, 2.48.070, 2.48.090,
 9.46.070,    28A.230.120,   28B.15.012,    28B.15.621,   28B.102.020,
 41.04.010, 41.06.133, 41.08.040, 41.12.040, 41.16.220, 43.24.130,
 43.60A.190, 43.70.270, 46.18.210, 46.18.270, 46.18.280, 46.18.295,
 46.20.027, 46.20.161, 72.36.030, 73.08.005, 73.16.120, 77.32.480, and
 84.39.020; reenacting and amending RCW 41.20.050 and 41.40.170;
 adding a new section to chapter 73.04 RCW; adding a new section to
 chapter 43.60A RCW; creating new sections; repealing RCW 2.48.100 and
 73.04.042; providing an effective date; and providing an expiration
 date.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     NEW SECTION.    Sec. 1.   The legislature intends to align the
 federal and state definition of "veteran," expanding state veterans'
 benefits to any veteran who is already eligible for federal
 department of veterans affairs monetary benefits. The legislature
 further intends to create eligibility for state benefits for veterans
 who were separated with less than honorable characterizations of
 service due solely to sexual orientation, gender identity, or gender
 expression or actions or statements related to sexual orientation,
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  gender identity, or gender expression, regardless of characterization
  of service.
     Sec. 2. RCW 41.04.005 and 2023 c 18 s 1 are each amended to read
 as follows:
     (1) As used in this section ((and RCW 41.16.220, 41.20.050, and
 41.40.170)), "veteran" includes every person, who at the time he or
 she seeks the benefits of this section and RCW 41.16.220, 41.20.050,
 or 41.40.170 has received ((an honorable discharge, is actively
 serving honorably, or received a discharge for physical reasons with
 an honorable record)) a qualifying discharge as defined in section 4
 of this act and who meets at least one of the following criteria:
     (a) The person has served between World War I and World War II or
 during any period of war, as defined in subsection (2) of this
 section, as either:
     (i) A member in any branch of the armed forces of the United
 States;
     (ii) A member of the women's air forces service pilots;
     (iii) A U.S. documented merchant mariner with service aboard an
 oceangoing vessel operated by the war shipping administration, the
 office of defense transportation, or their agents, from December 7,
 1941, through December 31, 1946; or
     (iv) A civil service crewmember with service aboard a U.S. army
 transport service or U.S. naval transportation service vessel in
 oceangoing service from December 7, 1941, through December 31, 1946;
 or
     (b) The person has received the armed forces expeditionary medal,
 or marine corps and navy expeditionary medal, for opposed action on
 foreign soil, for service:
     (i) In any branch of the armed forces of the United States; or
     (ii) As a member of the women's air forces service pilots.
     (2) A "period of war" includes:
     (a) World War I;
     (b) World War II;
     (c) The Korean conflict;
     (d) The Vietnam era, which means:
     (i) The period beginning on February 28, 1961, and ending on May
 7, 1975, in the case of a veteran who served in the Republic of
 Vietnam during that period;
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     (ii) The period beginning August 5, 1964, and ending on May 7,
 1975;
     (e) The Persian Gulf War, which was the period beginning August
 2, 1990, and ending on February 28, 1991, or ending on November 30,
 1995, if the participant was awarded a campaign badge or medal for
 such period;
     (f) The period beginning on the date of any future declaration of
 war by the congress and ending on the date prescribed by presidential
 proclamation or concurrent resolution of the congress; and
     (g) Any armed conflicts, if the participant was awarded the
 respective campaign or expeditionary badge or medal, or if the
 service was such that a campaign or expeditionary badge or medal
 would have been awarded, except that the member already received a
 campaign or expeditionary badge or medal for a prior deployment
 during that same conflict.
     Sec. 3. RCW 41.04.007 and 2017 c 97 s 1 are each amended to read
 as follows:
     "Veteran" includes every person who, at the time he or she seeks
 the benefits of RCW 46.18.212, 46.18.235, 72.36.030, 41.04.010,
 73.04.090, or 43.180.250, has received ((an honorable discharge,
 received a discharge for medical reasons with an honorable record,
 where applicable, or is in 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 service as honorable)) a qualifying discharge as defined in
 section 4 of this act, and who has served in at least one of the
 following capacities:
     (1) As a member in any branch of the armed forces of the United
 States, including the national guard and armed forces reserves, and
 has fulfilled his or her initial military service obligation;
     (2) As a member of the women's air forces service pilots;
     (3) As a member of the armed forces reserves, national guard, or
 coast guard, and has been called into federal service by a
 presidential select reserve call up for at least one hundred eighty
 cumulative days;
     (4) As a civil service crewmember with service aboard a U.S. army
 transport service or U.S. naval transportation service vessel in
 oceangoing service from December 7, 1941, through December 31, 1946;
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      (5) As a member of the Philippine armed forces/scouts during the
  period of armed conflict from December 7, 1941, through August 15,
  1945; or
      (6) A United States documented merchant mariner with service
  aboard an oceangoing vessel operated by the department of defense, or
  its agents, from both June 25, 1950, through July 27, 1953, in Korean
  territorial waters and from August 5, 1964, through May 7, 1975, in
  Vietnam territorial waters, and who received a military commendation.
     NEW SECTION.   Sec. 4.   A new section is added to chapter 73.04
 RCW to read as follows:
     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:
     (1) A "qualifying discharge" means:
     (a) A discharge with an honorable characterization of service;
     (b) A discharge with a general under honorable conditions
 characterization of service;
     (c) 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
     (d) Any characterization of service if the reason for discharge
 was listed as 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; or (iii) the disclosure of
 statements, conduct, or acts relating to sexual orientation, gender
 identity, or gender expression to military officials.
     (2)(a) 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:
     (i) The individual's characterization of service; and
     (ii) 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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     (b) 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.
     NEW SECTION. Sec. 5. A new section is added to chapter 43.60A
 RCW to read as follows:
     The department shall develop and implement an outreach program to
 ensure that veterans as defined in RCW 41.04.005 and 41.04.007 are
 aware of state veterans' benefits and programs. Outreach information
 shall explain, in an easy to understand format, changes in the law
 made by chapter . . ., Laws of 2024 (this act), unchanged eligibility
 requirements for current benefits, and how to find more information
 about benefits from the department and other state agencies. The
 outreach program must begin on the effective date of this section.
     Sec. 6. RCW 2.48.070 and 1945 c 181 s 1 are each amended to read
 as follows:
     Any person who shall have graduated from any accredited law
 school and after such graduation shall have served in the armed
 forces of the United States of America between December 7, 1941, and
 the termination of the present World War, may be admitted to the
 practice of law in the state of Washington and to membership in the
 Washington State Bar Association, upon motion made before the supreme
 court of the state of Washington, provided the following is made to
 appear:
     (1) That the applicant is a person of good moral character over
 the age of twenty-one years;
     (2) That the applicant, at the time of entering the armed forces
 of the United States, was a legal resident of the state of
 Washington;
     (3) That the applicant's service in the armed forces of the
 United States is or was satisfactory ((and honorable)). An
 applicant's service is satisfactory if he or she meets the definition
 of "veteran" under RCW 41.04.007.
     Sec. 7.   RCW 2.48.090 and 2011 c 336 s 64 are each amended to
 read as follows:
     If an applicant under RCW 2.48.070 through 2.48.110 is, at the
 time he or she applies for admission to practice law in the state of
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 Washington, no longer in the armed forces of the United States, he or
 she may establish the requirements of the proviso in RCW 2.48.070 as
 follows:
     (1) If he or she shall have been an enlisted person, by producing
 ((an honorable discharge)) documentation he or she is a veteran as
 defined by RCW 41.04.007, and by the certificates of at least two
 active members of the Washington state bar association.
     (2) If he or she shall have been an officer, by an affidavit
 showing that he or she ((has been relieved from active duty under
 circumstances other than dishonorable)) is a veteran as defined in
 RCW 41.04.007, and by the certificates of at least two active members
 of the Washington state bar association.
     NEW SECTION. Sec. 8. RCW 2.48.100 (Admission of veterans—Effect
 of disability discharge) and 1945 c 181 s 4 are each repealed.
     Sec. 9. RCW 9.46.070 and 2020 c 127 s 3 are each amended to read
 as follows:
     The commission shall have the following powers and duties:
     (1) To authorize and issue licenses for a period not to exceed
 one year to bona fide charitable or nonprofit organizations approved
 by the commission meeting the requirements of this chapter and any
 rules and regulations adopted pursuant thereto permitting said
 organizations to conduct bingo games, raffles, amusement games, and
 social card games, to utilize punchboards and pull-tabs in accordance
 with the provisions of this chapter and any rules and regulations
 adopted pursuant thereto and to revoke or suspend said licenses for
 violation of any provisions of this chapter or any rules and
 regulations adopted pursuant thereto: PROVIDED, That the commission
 shall not deny a license to an otherwise qualified applicant in an
 effort to limit the number of licenses to be issued: PROVIDED
 FURTHER, That the commission or director shall not issue, deny,
 suspend, or revoke any license because of considerations of race,
 sex, creed, color, or national origin: AND PROVIDED FURTHER, That the
 commission may authorize the director to temporarily issue or suspend
 licenses subject to final action by the commission;
     (2) To authorize and issue licenses for a period not to exceed
 one year to any person, association, or organization operating a
 business primarily engaged in the selling of items of food or drink
 for consumption on the premises, approved by the commission meeting
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 the requirements of this chapter and any rules and regulations
 adopted pursuant thereto permitting said person, association, or
 organization to utilize punchboards and pull-tabs and to conduct
 social card games as a commercial stimulant in accordance with the
 provisions of this chapter and any rules and regulations adopted
 pursuant thereto and to revoke or suspend said licenses for violation
 of any provisions of this chapter and any rules and regulations
 adopted pursuant thereto: PROVIDED, That the commission shall not
 deny a license to an otherwise qualified applicant in an effort to
 limit the number of licenses to be issued: PROVIDED FURTHER, That the
 commission may authorize the director to temporarily issue or suspend
 licenses subject to final action by the commission;
     (3) To authorize and issue licenses for a period not to exceed
 one year to any person, association, or organization approved by the
 commission meeting the requirements of this chapter and meeting the
 requirements of any rules and regulations adopted by the commission
 pursuant to this chapter as now or hereafter amended, permitting said
 person, association, or organization to conduct or operate amusement
 games in such manner and at such locations as the commission may
 determine. The commission may authorize the director to temporarily
 issue or suspend licenses subject to final action by the commission;
     (4) To authorize, require, and issue, for a period not to exceed
 one year, such licenses as the commission may by rule provide, to any
 person, association, or organization to engage in the manufacturing,
 selling, distributing, or otherwise supplying of devices, equipment,
 software, hardware, or any gambling-related services for use within
 this state for those activities authorized by this chapter. The
 commission may authorize the director to temporarily issue or suspend
 licenses subject to final action by the commission;
     (5) To establish a schedule of annual license fees for carrying
 on specific gambling activities upon the premises, and for such other
 activities as may be licensed by the commission, which fees shall
 provide to the commission not less than an amount of money adequate
 to cover all costs incurred by the commission relative to licensing
 under this chapter and the enforcement by the commission of the
 provisions of this chapter and rules and regulations adopted pursuant
 thereto: PROVIDED, That all licensing fees shall be submitted with an
 application therefor and such portion of said fee as the commission
 may determine, based upon its cost of processing and investigation,
 shall be retained by the commission upon the withdrawal or denial of
                                     p. 7                         SSB 5871
 any such license application as its reasonable expense for processing
 the application and investigation into the granting thereof: PROVIDED
 FURTHER, That if in a particular case the basic license fee
 established by the commission for a particular class of license is
 less than the commission's actual expenses to investigate that
 particular application, the commission may at any time charge to that
 applicant such additional fees as are necessary to pay the commission
 for those costs. The commission may decline to proceed with its
 investigation and no license shall be issued until the commission has
 been fully paid therefor by the applicant: AND PROVIDED FURTHER, That
 the commission may establish fees for the furnishing by it to
 licensees of identification stamps to be affixed to such devices and
 equipment as required by the commission and for such other special
 services or programs required or offered by the commission, the
 amount of each of these fees to be not less than is adequate to
 offset the cost to the commission of the stamps and of administ