SB 5827 — Concerning the definition of a "qualifying discharge" for the Washington state veterans' preference program for civil service.

S-3835.1S-3452.1 SUBSTITUTE SENATE BILL 5827 State of Washington 69th Legislature 2026 Regular Session By Senate State Government, Tribal Affairs & Elections (originally sponsored by Senators Gildon, Christian, Dozier, and J.

Wilson)Wilson READPrefiled FIRST12/04/25. TIME 01/26/26.

Read first time 01/12/26.

Referred to Committee on State Government, Tribal Affairs & Elections.

1 SSBSB 5827 clarify the requirements for veteran preference to ensure a smooth transition into civil employment.

or (c)(i)(c) Upon receipt of aan predischargeofficial certificationstatement asof definedservice inmemorandum RCWfrom 73.04.005,the providedindividual's that:commander or the commander's designated p.

p.2 SB 5827 representative that includes projected discharge characterization and expected discharge or release date from military service.

2The SSBofficial 5827documents (A)listed Thein predischarge(b) certificationof wasthis issuedsubsection notmust morebe provided no later than 12030 days priorafter toofficial theseparation datefrom ofmilitary submission;service.

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.

(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)))(1) (a) A "qualifying discharge" means:

(((a)))(a) (i) A discharge with an honorable characterization of service;

(((b)))(b) (ii) A discharge with a general under honorable conditions characterization of service;

(((c)))(c) (iii) 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)))(d) (iv) Any characterization of service if the reason for discharge was listed as solely due to:

(((i)))(i) (A) A person's sexual orientation, gender identity, or gender expression;

(((ii)))(ii) (B) statements, consensual sexual conduct, or consensual acts relating to p.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;

3 SSB 5827 sexual orientation, gender identity, or gender(iii) expressionthe unlessdisclosure theof statements, conduct, or acts arerelating orto were prohibited by the uniform code of military justice on grounds other than the person's sexual orientation, gender identity, or gender expression;expression to military officials.

or(2)(a) (((iii)))To (C)prove thea disclosure"qualifying ofdischarge" statements,under conduct,this orsection, actsan relatingindividual tomust sexualprovide orientation,official genderdocumentation identity,that orshows genderthe expressionfollowing to militarythe officials.agency administering the sought benefit or protection:

(((2)(a)))(i) (b)(i)The Toindividual's provecharacterization aof "qualifyingservice; discharge" under this section, an individual must provide official documentation that shows the following to the agency administering the sought benefit or protection:

(((i)))and (A)(ii) TheIf individual'san characterizationindividual has a qualifying discharge under subsection (1)(d) of service;this section, also the individual's reason for discharge or narrative reason for separation.

and (((ii))) (B) If an individual has a qualifying discharge under ((subsection (1)(d) of this section)) (a)(iv) of this subsection, also the individual's reason for discharge or narrative reason for separation.

(((b)))(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.

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

(b) 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.

(c) Agencies shall:

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

and (ii) 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.

(d) 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.

43 SSBSB 5827 (e)(b)(i) AProof predischarge certification may beinclude, usedbut tois establishnot eligibilitylimited forto, veterans'a preferencedepartment forof initialdefense appointment,DD butform must214, notNGB beform used22, toor determineequivalent retention or layoffsuccessor preferenceofficial unlesspaperwork stating the individualrequired hasinformation providedfrom officiala dischargegovernment documentationagency. confirming the qualifying discharge.

Copies of official documents are acceptable as proof.

(ii) 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.