Bill Summary – FastDemocracy

CERTIFICATION OF ENROLLMENT
                       SUBSTITUTE SENATE BILL 6157
                        Chapter 330, Laws of 2024
                                68th Legislature
                              2024 Regular Session
CIVIL SERVICE—COMPETITIVE EXAMINATION ADVANTAGE AND DEFERRED ACTION
                 FOR CHILDHOOD ARRIVALS RECIPIENTS
                       EFFECTIVE DATE: June 6, 2024
 Passed by the Senate March 5, 2024                   CERTIFICATE
   Yeas 49 Nays 0
                                         I, Sarah Bannister, Secretary of
                                         the   Senate   of   the   State  of
               DENNY HECK                Washington, do hereby certify that
 President of the Senate                 the attached is SUBSTITUTE SENATE
                                         BILL 6157 as passed by the Senate
                                         and the House of Representatives on
                                         the dates hereon set forth.
 Passed by the House February 27, 2024
   Yeas 83 Nays 11
                                                   SARAH BANNISTER
             LAURIE JINKINS                                           Secretary
 Speaker of the House of
 Representatives
 Approved March 28, 2024 10:52 AM                        FILED
                                                     March 29, 2024
                                                 Secretary of State
               JAY INSLEE                        State of Washington
 Governor of the State of Washington
                           SUBSTITUTE SENATE BILL 6157
                             AS AMENDED BY THE HOUSE
                   Passed Legislature - 2024 Regular Session
     State of Washington         68th Legislature        2024 Regular Session
     By Senate State Government & Elections (originally sponsored by
     Senators Lovick, Hasegawa, Hunt, Kuderer, Saldaña, Salomon, Torres,
     Trudeau, Valdez, and C. Wilson)
     READ FIRST TIME 01/31/24.
      AN ACT Relating to reforming civil service to permit deferred
  action for childhood arrivals recipients to apply for civil service
  and   incorporate   civil   service  advantage  for   bilingual  and
  multilingual applicants, applicants with higher education, and
  applicants with prior work experience in social services; amending
  RCW 9.41.060, 9.41.171, 41.08.070, 41.12.070, 41.14.100, 77.15.075,
  43.101.095, and 41.06.157; adding new sections to chapter 41.04 RCW;
  and adding a new section to chapter 10.93 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 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 may, at the discretion of the agency
 head within the hiring organization, add a maximum of 15 percent to
 the passing mark, grade, or rating only, based upon a possible rating
 of 100 as a perfect percentage in accordance with any of the
 following qualifications:
                                       p. 1                       SSB 6157.SL
     (a) Ten percent to a candidate who has obtained full professional
 proficiency or who is completely fluent as a native speaker in two or
 more languages other than English;
     (b) Five percent to a candidate who has obtained full
 professional proficiency or who is completely fluent as a native
 speaker in one language other than English;
     (c) Five percent to a candidate with two or more years of
 professional experience or volunteer experience in the peace corps,
 AmeriCorps, domestic violence counseling, mental or behavioral health
 care, homelessness programs, or other social services professions;
 and
     (d) Five percent to a candidate who has obtained an associate of
 arts or science degree or higher degree.
     (2) Preference points under this section may not be aggregated to
 exceed more than 15 percent of the applicant's examination score.
     (3) The percentage shall be added to the passing mark, grade, or
 rating of competitive examinations until the candidate's first
 appointment. No preference points under this subsection may be used
 in promotional examinations.
     (4) For purposes of this section, "full professional fluency"
 means the ability to have advanced discussions on a wide range of
 topics about personal life, current events, and technical topics,
 including but not limited to law enforcement, emergency services, and
 public safety-related protocols. Candidates with this level of
 fluency should demonstrate an extensive vocabulary and be able to
 carry on a conversation with ease, making only minor mistakes.
     (5) For purposes of this section, "native speaker" means a person
 who was either raised speaking the language or has been speaking it
 for such a duration that the person is completely fluent.
     NEW SECTION.   Sec. 2.   A new section is added to chapter 10.93
 RCW to read as follows:
     (1) A peace officer as defined in RCW 10.120.010 or corrections
 officer as defined in RCW 43.101.010 employed by a general authority
 Washington law enforcement agency or a limited authority Washington
 law enforcement agency, as those terms are defined in RCW 10.93.020,
 shall have the authority to possess and carry firearms, subject to
 the written firearms policy created by the agency employing the peace
 officer or corrections officer.
                                     p. 2                      SSB 6157.SL
     (2) A law enforcement agency that employs a person who is a
 lawful permanent resident as defined in RCW 41.04.899 or a person who
 is a deferred action for childhood arrivals recipient shall ensure
 that it has a written firearms policy authorizing the possession and
 carry of firearms by persons employed by that agency as a peace
 officer as defined in RCW 10.120.010 or a corrections officer as
 defined in RCW 43.101.010. A firearms policy must comply with any
 federal law or regulation promulgated by the United States department
 of justice, bureau of alcohol, tobacco, firearms, and explosives, or
 any successor agency, governing possession of a firearm and any
 related exceptions.
     Sec. 3.   RCW 9.41.060 and 2019 c 231 s 1 are each amended to read
 as follows:
     The provisions of RCW 9.41.050 shall not apply to:
     (1)(a) Marshals, sheriffs, prison or jail wardens or their
 deputies, correctional personnel and community corrections officers
 as long as they are employed as such who have completed government-
 sponsored law enforcement firearms training and have been subject to
 a background check within the past five years, or other law
 enforcement officers of this state or another state.
     (b) Nothing in this subsection permits possession of a firearm by
 a deferred action for childhood arrivals recipient lawfully employed
 as a peace officer as defined in RCW 10.120.010 or a corrections
 officer as defined in RCW 43.101.010 beyond the authority granted
 under section 2 of this act;
     (2) Members of the armed forces of the United States or of the
 national guard or organized reserves, when on duty;
     (3) Officers or employees of the United States duly authorized to
 carry a concealed pistol;
     (4) Any person engaged in the business of manufacturing,
 repairing, or dealing in firearms, or the agent or representative of
 the person, if possessing, using, or carrying a pistol in the usual
 or ordinary course of the business;
     (5)   Regularly  enrolled   members  of   any   organization duly
 authorized to purchase or receive pistols from the United States or
 from this state;
     (6) Regularly enrolled members of clubs organized for the purpose
 of target shooting, when those members are at or are going to or from
 their places of target practice;
                                      p. 3                      SSB 6157.SL
     (7) Regularly enrolled members of clubs organized for the purpose
 of modern and antique firearm collecting, when those members are at
 or are going to or from their collector's gun shows and exhibits;
     (8) Any person engaging in a lawful outdoor recreational activity
 such as hunting, fishing, camping, hiking, or horseback riding, only
 if, considering all of the attendant circumstances, including but not
 limited to whether the person has a valid hunting or fishing license,
 it is reasonable to conclude that the person is participating in
 lawful outdoor activities or is traveling to or from a legitimate
 outdoor recreation area;
     (9) Any person while carrying a pistol unloaded and in a closed
 opaque case or secure wrapper; or
     (10) Law enforcement officers retired for service or physical
 disabilities, except for those law enforcement officers retired
 because of mental or stress-related disabilities. This subsection
 applies only to a retired officer who has: (a) Obtained documentation
 from a law enforcement agency within Washington state from which he
 or she retired that is signed by the agency's chief law enforcement
 officer and that states that the retired officer was retired for
 service or physical disability; and (b) not been convicted or found
 not guilty by reason of insanity of a crime making him or her
 ineligible for a concealed pistol license.
     Sec. 4. RCW 9.41.171 and 2009 c 216 s 2 are each amended to read
 as follows:
     It is a class C felony for any person who is not a citizen of the
 United States to carry or possess any firearm, unless the person: (1)
 Is a lawful permanent resident; (2) has obtained a valid alien
 firearm license pursuant to RCW 9.41.173; ((or)) (3) is a deferred
 action for childhood arrivals recipient lawfully employed as a peace
 officer as defined in RCW 10.120.010 or a corrections officer as
 defined in RCW 43.101.010; or (4) meets the requirements of RCW
 9.41.175.
     Sec. 5. RCW 41.08.070 and 2018 c 32 s 1 are each amended to read
 as follows:
     An applicant for a position of any kind under civil service under
 the provisions of this chapter, must be a citizen of the United
 States of America ((or)), a lawful permanent resident ((who can)), or
 a deferred action for childhood arrivals recipient. An applicant for
                                     p. 4                      SSB 6157.SL
  a position of any kind under civil service under the provisions of
  this chapter must be able to speak, read, and write the English
  language.
      An applicant for a position of any kind under civil service must
  be of an age suitable for the position applied for, in ordinary good
  health, of good moral character and of temperate and industrious
  habits; these facts to be ascertained in such manner as the
  commission may deem advisable.
     Sec. 6. RCW 41.12.070 and 2018 c 32 s 2 are each amended to read
 as follows:
     An applicant for a position of any kind under civil service under
 the provisions of this chapter, must be a citizen of the United
 States of America ((or)), a lawful permanent resident ((who can)), or
 a deferred action for childhood arrivals recipient. An applicant for
 a position of any kind under civil service under the provisions of
 this chapter must be able to speak, read, and write the English
 language.
     An applicant for a position of any kind under civil service must
 be of an age suitable for the position applied for, in ordinary good
 health, of good moral character and of temperate and industrious
 habits; these facts to be ascertained in such manner as the
 commission may deem advisable.
     An application for a position with a law enforcement agency may
 be rejected if the law enforcement agency deems that it does not have
 the resources to conduct the background investigation required
 pursuant to chapter 43.101 RCW. Resources means materials, funding,
 and staff time. Nothing in this section impairs an applicant's rights
 under state antidiscrimination laws.
     Sec. 7. RCW 41.14.100 and 2018 c 32 s 3 are each amended to read
 as follows:
     An applicant for a position of any kind under civil service under
 the provisions of this chapter, must be a citizen of the United
 States ((or)), a lawful permanent resident ((who can)), or a deferred
 action for childhood arrivals recipient. An applicant for a position
 of any kind under civil service under the provisions of this chapter
 must be able to speak, read, and write the English language.
     An application for a position with a law enforcement agency may
 be rejected if the law enforcement agency deems that it does not have
                                     p. 5                      SSB 6157.SL
 the resources to conduct the background investigation required
 pursuant to chapter 43.101 RCW. Resources means materials, funding,
 and staff time. Nothing in this section impairs an applicant's rights
 under state antidiscrimination laws.
     Sec. 8. RCW 77.15.075 and 2020 c 38 s 1 are each amended to read
 as follows:
     (1) Fish and wildlife officers shall have and exercise,
 throughout the state, such police powers and duties as are vested in
 sheriffs and peace officers generally. Fish and wildlife officers are
 general authority Washington peace officers.
     (2) An applicant for a fish and wildlife officer position must be
 a citizen of the United States of America ((or)), a lawful permanent
 resident ((who can)), or a deferred action for childhood arrivals
 recipient. An applicant for a fish and wildlife officer position must
 be able to speak, read, and write the English language. Before a
 person may be appointed to act as a fish and wildlife officer, the
 person shall meet the minimum standards for employment with the
 department, including successful completion of a psychological
 examination and polygraph examination or similar assessment procedure
 administered   in   accordance   with   the    requirements  of   RCW
 43.101.095(2).
     (3) Any liability or claim of liability under chapter 4.92 RCW
 that arises out of the exercise or alleged exercise of authority by a
 fish and wildlife officer rests with the department unless the fish
 and wildlife officer acts under the direction and control of another
 agency or unless the liability is otherwise assumed under an
 agreement between the department and another agency.
     (4) The department may utilize the services of a volunteer
 chaplain as provided under chapter 41.22 RCW.
     NEW SECTION.   Sec. 9.   A new section is added to chapter 41.04
 RCW to read as follows:
     Any agency that employs a deferred action for childhood arrivals
 recipient under RCW 41.08.070, RCW 41.12.070, RCW 41.14.100, or RCW
 77.15.075 may not be held liable for any breach of contract resulting
 from changes in federal law that would prohibit the agency from
 employing a deferred action for childhood arrivals recipient.
                                     p. 6                      SSB 6157.SL
     Sec. 10. RCW 43.101.095 and 2023 c 168 s 3 are each amended to
 read as follows:
     (1) As a condition of employment, all Washington peace officers
 and corrections officers are required to obtain certification as a
 peace officer or corrections officer or exemption therefrom and
 maintain certification as required by this chapter and the rules of
 the commission.
     (2)(a) Any applicant who has been offered a conditional offer of
 employment as a peace officer or reserve officer, offered a
 conditional offer of employment as a corrections officer after July
 1, 2021, or offered a conditional offer of employment as a limited
 authority Washington peace officer who if hired would qualify as a
 peace officer as defined by RCW 43.101.010 after July 1, 2023, must
 submit to a background investigation to determine the applicant's
 suitability for employment. This requirement applies to any person
 whose certification has lapsed as a result of a break of more than 24
 consecutive months in the officer's service for a reason other than
 being recalled into military service. Employing agencies may only
 make a conditional offer of employment pending completion of the
 background check and shall verify in writing to the commission that
 they have complied with all background check requirements prior to
 making any nonconditional offer of employment.
     (b) The background check must include:
     (i) A check of criminal history, any national decertification
 index, commission records, and all disciplinary records by any
 previous   law  enforcement   or   correctional  employer,   including
 complaints or investigations of misconduct and the reason for
 separation from employment. Law enforcement or correctional agencies
 that previously employed the applicant shall disclose employment
 information within 30 days of receiving a written request from the
 employing agency conducting the background investigation, including
 the reason for the officer's separation from the agency. Complaints
 or investigations of misconduct must be