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Chapter 43.60A RCW

Department of veterans affairs

RCW Sections

43.60A.010Definitions.
43.60A.020Department created -- Transfer of powers, duties, and functions to department.
43.60A.030Director -- Qualifications -- Salary -- Vacancy.
43.60A.040General powers and duties of director.
43.60A.050Assistants -- Executive staff -- Deputy.
43.60A.060Delegation of powers and duties.
43.60A.070Additional powers and duties of director.
43.60A.075Powers as to state veterans' homes.
43.60A.080Veterans affairs advisory committee -- Created -- Membership -- Terms -- Powers and duties.
43.60A.100Counseling services -- War-affected veterans.
43.60A.110Counseling -- Coordination of programs.
43.60A.120Counseling -- Priority.
43.60A.130Counseling -- Posttraumatic stress disorder and combat stress program.
43.60A.140Veterans stewardship account.
43.60A.150Veterans conservation corps--Created.
43.60A.151Veterans conservation corps -- Employment assistance -- Agreements for educational benefits -- Receipt of gifts, grants, or federal moneys -- Report.
43.60A.152Collaboration with agencies implementing the Washington conservation corps -- Report.
43.60A.153Veterans conservation corps account.
43.60A.154Agreements with federal entities for projects -- Report.
43.60A.155Cooperation with the salmon recovery funding board regarding project work -- Report.
43.60A.160Veterans innovations program.
43.60A.165Defenders' fund -- Eligibility for assistance.
43.60A.170Competitive grant program -- Veterans innovations program board -- Travel expenses.
43.60A.175Receipt of gifts, grants, or endowments -- Rule-making authority.
43.60A.180Conflicts of interest.
43.60A.185Veterans innovations program account.
43.60A.190Veteran-owned businesses.
43.60A.900Transfer of personnel of department of social and health services engaged in veterans' services -- Rights preserved.
43.60A.901Transfer of property, records, funds, assets of agencies whose functions are transferred to department.
43.60A.902Rules and regulations, pending business, contracts, of agencies whose functions are transferred to department to be continued -- Savings.
43.60A.903Certification when apportionments of budgeted funds required because of transfers.
43.60A.904Federal programs -- Rules and regulations -- Internal reorganization to meet federal requirements -- Construction to comply with federal law -- Conflicting parts inoperative.
43.60A.905Savings -- 1975-'76 2nd ex.s. c 115.
43.60A.906Collective bargaining units or agreements not altered.
43.60A.907Liberal construction -- 1975-'76 2nd ex.s. c 115.
43.60A.908Severability -- 1975-'76 2nd ex.s. c 115.

Notes:

Veterans and veterans' affairs: Title 73 RCW.

43.60A.010
Definitions.

As used in this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise:

     (1) "Department" means the department of veterans affairs.

     (2) "Director" means the director of the department of veterans affairs.

     (3) "Committee" means the veterans affairs advisory committee.

     (4) "Board" means the veterans innovations program board.

[2006 c 343 § 2; 1975-'76 2nd ex.s. c 115 § 1.]

Notes:

     Findings -- 2006 c 343: See note following RCW 43.60A.160.



43.60A.020
Department created — Transfer of powers, duties, and functions to department.

There is hereby created a department of state government to be known as the department of veterans affairs. All powers, duties, and functions now or through action of this legislature vested by law in the department of social and health services relating to veterans and veteran affairs are transferred to the department, except those powers, duties, and functions which are expressly directed elsewhere by law. Powers, duties, and functions to be transferred shall include, but not be limited to, all those powers, duties, and functions involving cooperation with other governmental units, such as cities and counties, or with the federal government, in particular those concerned with participation in federal grants-in-aid programs. Also transferred to the department shall be the powers, duties, and functions of the bonus division of the treasurer's office: PROVIDED, That such transfer shall not occur until the bonus division completes its current duties of accepting and processing bonus claims arising from the Vietnam conflict. This section shall not be construed to continue the powers, duties and functions of said bonus division beyond a time when such powers, duties or functions would otherwise cease.

[1975-'76 2nd ex.s. c 115 § 2.]



43.60A.030
Director — Qualifications — Salary — Vacancy.

The executive head and appointing authority of the department shall be the director of veterans affairs. The director shall be an honorably discharged or retired veteran of the armed forces of the United States and shall be appointed by the governor with the consent of the senate and shall serve at the pleasure of the governor. The director shall be paid a salary to be fixed by the governor in accordance with the provisions of RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate, when the governor shall present the nomination for the office to that body.

[1975-'76 2nd ex.s. c 115 § 3.]



43.60A.040
General powers and duties of director.

The director of the department of veterans affairs shall have the power and it shall be the director's duty:

     (1) To conduct, control, and supervise the department;

     (2) To appoint and employ and to determine the powers and duties together with the salaries and other expenses of such clerical and other personnel, subject to the provisions of chapter 41.06 RCW, as are necessary to carry out the duties of the department; and

     (3) To perform all other matters and things, whether similar to the foregoing or not, to carry out the provisions of this chapter.

[1975-'76 2nd ex.s. c 115 § 4.]

43.60A.050
Assistants — Executive staff — Deputy.

The director may appoint such assistants and executive staff as shall be needed to administer the department, all of whom shall be veterans. The director shall designate a deputy from the executive staff who shall have charge and general supervision of the department in the absence or disability of the director, and in case of a vacancy in the office of director, shall continue in charge of the department until a successor is appointed and qualified, or until the governor shall appoint an acting director.

[1975-'76 2nd ex.s. c 115 § 5.]

Notes:

Certain personnel of department exempted from state civil service law: RCW 41.06.077.


43.60A.060
Delegation of powers and duties.

The director may delegate any power or duty vested in or transferred to the director by law or executive order to a deputy director or to any other assistant or subordinate, but the director shall be responsible for the official acts of the officers and employees of the department.

[1975-'76 2nd ex.s. c 115 § 6.]



43.60A.070
Additional powers and duties of director.

In addition to other powers and duties, the director is authorized:

     (1) To cooperate with officers and agencies of the United States in all matters affecting veterans affairs;

     (2) To accept grants, donations, and gifts on behalf of this state for veterans affairs from any person, corporation, government, or governmental agency, made for the benefit of a former member of the armed forces of this or any other country;

     (3) To be custodian of all the records and files of the selective service system in Washington that may be turned over to this state by the United States or any department, bureau, or agency thereof; and to adopt and promulgate such rules and regulations as may be necessary for the preservation of such records and the proper use thereof in keeping with their confidential nature;

     (4) To act without bond as conservator of the estate of a beneficiary of the veterans administration when the director determines no other suitable person will so act;

     (5) To extend on behalf of the state of Washington such assistance as the director shall determine to be reasonably required to any veteran and to the dependents of any such veteran;

     (6) To adopt rules pursuant to chapter 34.05 RCW, the Administrative Procedure Act, with respect to all matters of administration to carry into effect the purposes of this section. Such proposed rules shall be submitted by the department at the time of filing notice with the code reviser as required by RCW 34.05.320 to the respective legislative committees of the senate and of the house of representatives dealing with the subject of veteran affairs legislation through the offices of the secretary of the senate and chief clerk of the house of representatives.

[1989 c 175 § 108; 1975-'76 2nd ex.s. c 115 § 8.]

Notes:

     Effective date -- 1989 c 175: See note following RCW 34.05.010.



43.60A.075
Powers as to state veterans' homes.

The director of the department of veterans affairs shall have full power to manage and govern the state soldiers' home and colony, the Washington veterans' home, and the eastern Washington veterans' home.

[2001 2nd sp.s. c 4 § 7; 1977 c 31 § 5.]

43.60A.080
Veterans affairs advisory committee — Created — Membership — Terms — Powers and duties.

(1) There is hereby created a veterans affairs advisory committee which shall serve in an advisory capacity to the governor and the director of the department of veterans affairs. The committee shall be composed of seventeen members to be appointed by the governor, and shall consist of the following:

     (a) One representative of the Washington soldiers' home and colony at Orting and one representative of the Washington veterans' home at Retsil. Each home's resident council may nominate up to three individuals whose names are to be forwarded by the director to the governor. In making the appointments, the governor shall consider these recommendations or request additional nominations.

     (b) One representative each from the three congressionally chartered or nationally recognized veterans service organizations as listed in the current "Directory of Veterans Service Organizations" published by the United States department of veterans affairs with the largest number of active members in the state of Washington as determined by the director. The organizations' state commanders may each submit a list of three names to be forwarded to the governor by the director. In making the appointments, the governor shall consider these recommendations or request additional nominations.

     (c) Ten members shall be chosen to represent those congressionally chartered or nationally recognized veterans service organizations listed in the directory under (b) of this subsection and having at least one active chapter within the state of Washington. Up to three nominations may be forwarded from each organization to the governor by the director. In making the appointments, the governor shall consider these recommendations or request additional nominations.

     (d) Two members shall be veterans at large. Any individual or organization may nominate a veteran for an at-large position. Organizational affiliation shall not be a prerequisite for nomination or appointment. All nominations for the at-large positions shall be forwarded by the director to the governor.

     (e) No organization shall have more than one official representative on the committee at any one time.

     (f) In making appointments to the committee, care shall be taken to ensure that members represent all geographical portions of the state and minority viewpoints, and that the issues and views of concern to women veterans are represented.

     (2) All members shall have terms of four years. In the case of a vacancy, appointment shall be only for the remainder of the unexpired term for which the vacancy occurs. No member may serve more than two consecutive terms, with vacancy appointments to an unexpired term not considered as a term. Members appointed before June 11, 1992, shall continue to serve until the expiration of their current terms; and then, subject to the conditions contained in this section, are eligible for reappointment.

     (3) The committee shall adopt an order of business for conducting its meetings.

     (4) The committee shall have the following powers and duties:

     (a) To serve in an advisory capacity to the governor and the director on matters pertaining to the department of veterans affairs;

     (b) To acquaint themselves fully with the operations of the department and recommend such changes to the governor and the director as they deem advisable.

     (5) Members of the committee shall receive no compensation for the performance of their duties but shall receive a per diem allowance and mileage expense according to the provisions of chapter 43.03 RCW.

[1995 c 25 § 1; 1992 c 35 § 1; 1987 c 59 § 1; 1985 c 63 § 1; 1983 c 34 § 1; 1977 ex.s. c 285 § 1; 1975-'76 2nd ex.s. c 115 § 14.]



43.60A.100
Counseling services — War-affected veterans.

The department of veterans affairs, to the extent funds are made available, shall: (1) Contract with professional counseling specialists to provide a range of direct treatment services to war-affected state veterans and to those national guard and reservists who served in the Middle East, and their family members; (2) provide additional treatment services to Washington state Vietnam veterans for posttraumatic stress disorder, particularly for those veterans whose posttraumatic stress disorder has intensified or initially emerged due to the war in the Middle East; (3) provide an educational program designed to train primary care professionals, such as mental health professionals, about the effects of war-related stress and trauma; (4) provide informational and counseling services for the purpose of establishing and fostering peer-support networks throughout the state for families of deployed members of the reserves and the Washington national guard; (5) provide for veterans' families, a referral network of community mental health providers who are skilled in treating deployment stress, combat stress, and posttraumatic stress.

[1991 c 55 § 1.]

43.60A.110
Counseling — Coordination of programs.

The department shall coordinate the programs contained in RCW 43.60A.100 with the services offered by the department of social and health services, local mental health organizations, and the federal department of veterans affairs to minimize duplication.

[1991 c 55 § 2.]



43.60A.120
Counseling — Priority.

The department of veterans affairs shall give priority in its counseling and instructional programs to treating state veterans located in rural areas of the state, especially those who are members of traditionally underserved minority groups, and women veterans.

[1991 c 55 § 3.]

43.60A.130
Counseling — Posttraumatic stress disorder and combat stress program.

The department of veterans affairs shall design its posttraumatic stress disorder and combat stress programs and related activities to provide veterans with as much privacy and confidentiality as possible and yet consistent with sound program management.

[1991 c 55 § 4.]



43.60A.140
Veterans stewardship account.

(1) The veterans stewardship account is created in the custody of the state treasurer. Disbursements of funds must be on the authorization of the director or the director's designee, and only for the purposes stated in subsection (4) of this section. In order to maintain an effective expenditure and revenue control, funds are subject in all respects to chapter 43.88 RCW, but no appropriation is required to permit expenditure of the funds.

     (2) The department may request and accept nondedicated contributions, grants, or gifts in cash or otherwise, including funds generated by the issuance of the armed forces license plate collection under chapter 46.16 RCW.

     (3) All receipts, except as provided in RCW 46.16.313(20) (a) and (b), from the sale of armed forces license plates must be deposited into the veterans stewardship account.

     (4) All moneys deposited into the veterans stewardship account must be used by the department for activities that benefit veterans or their families, including but not limited to, providing programs and services for homeless veterans; establishing memorials honoring veterans; and maintaining a future state veterans' cemetery. Funds from the account may not be used to supplant existing funds received by the department.

[2008 c 183 § 3; 2005 c 216 § 4.]



43.60A.150
Veterans conservation corps — Created.

(1) The Washington veterans conservation corps is created. The department shall establish enrollment procedures for the program. Enrollees may choose to participate in either or both the volunteer projects list authorized in subsection (2) of this section, and the training, certification, and placement program authorized in RCW 43.60A.151.

     (2) The department shall create a list of veterans who are interested in working on projects that restore Washington's natural habitat. The department shall promote the opportunity to volunteer for the veterans conservation corps through its local counselors and representatives. Only veterans who grant their approval may be included on the list. The department shall consult with the salmon recovery board, the recreation and conservation funding board, the department of natural resources, the department of fish and wildlife, and the state parks and recreation commission to determine the most effective ways to market the veterans conservation corps to agencies and local sponsors of habitat restoration projects.

[2007 c 451 § 2; 2007 c 241 § 6; 2005 c 257 § 2.]

Notes:

     Reviser's note: This section was amended by 2007 c 241 § 6 and by 2007 c 451 § 2, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

     Intent -- Effective date -- 2007 c 241: See notes following RCW 79A.25.005.

     Findings--Purpose -- 2005 c 257: "The legislature finds that many Washington citizens are veterans of armed forces conflicts that have important skills that may be employed in projects that help to protect and restore Washington's rivers, streams, lakes, marine waters, and open lands, and help to maintain urban and suburban wastewater and storm water management systems. The legislature further finds that such work has demonstrated benefits for many veterans who are coping with posttraumatic stress disorder or have other mental health or substance abuse disorders related to their service in the armed forces. The legislature further finds that these projects provide an opportunity for veterans to obtain on-the-job training, leading to certification in specific skill sets and to living wage employment in environmental restoration and stewardship. Therefore, it is the purpose of this chapter to create the veterans conservation corps program to assist veterans in obtaining training, certification, and employment in the field of environmental restoration and management, and to provide state funding assistance for projects that restore Washington's waters, forests, and habitat through the participation of veterans." [2007 c 451 § 1; 2005 c 257 § 1.]



43.60A.151
Veterans conservation corps — Employment assistance — Agreements for educational benefits — Receipt of gifts, grants, or federal moneys — Report.

(1) The department shall assist veterans enrolled in the veterans conservation corps with obtaining employment in conservation programs and projects that restore Washington's natural habitat, maintain and steward local, state, and federal forest lands and other outdoor lands, maintain and improve urban and suburban storm water management facilities and other water management facilities, and other environmental maintenance, stewardship, and restoration projects. The department shall consult with the workforce training and education coordinating board, the state board for community and technical colleges, the higher education coordinating board, the employment security department, and other state agencies administering conservation corps programs, to incorporate training, education, and certification in environmental restoration and management fields into the program. The department may enter into agreements with community colleges, private schools, state or local agencies, or other entities to provide training and educational courses as part of the enrollee benefits from the program.

     (2) The department may receive gifts, grants, federal funds, or other moneys from public or private sources, for the use and benefit of the veterans conservation corps program. The funds shall be deposited to the veterans conservation corps account created in RCW 43.60A.153.

     (3) The department shall submit a report to the appropriate committees of the legislature by December 1, 2008, on the status of the veterans conservation corps program, including the number of enrollees employed in projects, training provided, certifications earned, employment placements achieved, program funding provided from all sources, and the results of the pilot project authorized in section 4, chapter 451, Laws of 2007.

[2007 c 451 § 3.]

43.60A.152
Collaboration with agencies implementing the Washington conservation corps — Report.

(1) The department shall collaborate with the state agencies implementing the Washington conservation corps, created in chapter 43.220 RCW, to maximize the utilization of both conservation corps programs. These agencies shall work together to identify stewardship and maintenance projects on agency-managed lands that are suitable for work by veterans conservation corps enrollees. The department may expend funds appropriated to the veterans conservation corps program to defray the costs of education, training, and certification associated with the enrollees participating in such projects.

     (2) By September 30, 2007, the department, in conjunction with the state agencies identified in subsection (1) of this section, shall provide to the office of financial management and to the appropriate committees of the senate and house of representatives a report that:

     (a) Identifies projects on state agency-managed lands that are currently planned for veterans conservation corps enrollee participation;

     (b) Identifies additional projects on state agency-managed lands that are suitable for veterans conservation corps enrollee participation and for which funding is currently in place for such participation; and

     (c) Identifies additional projects on state agency-managed lands for which project implementation has been funded or is included in the agency's multibiennial stewardship plans, and that are suitable for veterans conservation corps enrollee participation in the event that additional funding is provided to the department for associated training, education, and certification.

[2007 c 451 § 5.]

43.60A.153
Veterans conservation corps account.

The veterans conservation corps account is created in the state treasury. All moneys appropriated to the account or directed to the account from other sources must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for purposes of the veterans conservation corps program.

[2007 c 451 § 6.]

43.60A.154
Agreements with federal entities for projects — Report.

(1) The department shall seek to enter agreements with the national park service, the United States forest service, the United States fish and wildlife service, and other federal agencies managing lands in Washington, for the employment of veterans conservation corps enrollees in maintenance, restoration, and stewardship projects. Up to twenty percent of the costs of the veterans conservation corps enrollees participation in a federal project may be provided by the department, including the costs of training provided on the project.

     (2) By September 30, 2008, the department shall provide a report to the governor and appropriate committees of the senate and house of representatives regarding agreements entered with federal agencies to employ veteran conservation corps enrollees on federal land projects, and any revisions to the program needed to increase the number of these agreements.

[2007 c 451 § 7.]



43.60A.155
Cooperation with the salmon recovery funding board regarding project work — Report.

(1) During calendar years 2007 and 2008 the salmon recovery funding board shall cooperate with the department of veterans affairs to inform salmon habitat project sponsors of the availability of veterans conservation corps enrollees to perform project work. From applications submitted, the board and the department shall identify projects that propose work suitable for corps enrollees and located near where enrollees are based or may be created. The department may provide the project applicants with information regarding the benefits of employing a veterans conservation corps enrollee in the project, including funding that the department may make available to assist with the project. Such funding shall be considered by the salmon recovery funding board as matched funding in evaluating the project for salmon recovery funding board funding.

     (2) As an element of the report required under RCW 43.60A.151(3), the salmon recovery funding board and the department shall jointly report to the governor and the appropriate committees of the senate and house of representatives regarding projects funded during the 2007 and 2008 grant cycles that employ veterans conservation corps enrollees. The report shall include recommendations for increasing the use of veterans conservation corps enrollees in salmon habitat projects that receive funding from the salmon recovery funding board.

[2007 c 451 § 8.]



43.60A.160
Veterans innovations program.

There is created in the department a veterans innovations program, which consists of the defenders' fund and the competitive grant program. The purpose of the veterans innovations program is to provide crisis and emergency relief and education, training, and employment assistance to veterans and their families in their communities.

[2006 c 343 § 3.]

Notes:

     Reviser's note -- Sunset Act application: The veterans innovations program is subject to review, termination, and possible extension under chapter 43.131 RCW, the Sunset Act. See RCW 43.131.405. RCW 43.60A.160 through 43.60A.185 are scheduled for future repeal under RCW 43.131.406.

     Findings -- 2006 c 343: "The legislature finds that:

     (1) A significant number of Washington citizens answered the call to serve our country in recent military action leaving behind families, community, employment, and education;

     (2) Many soldiers returning to their families and communities face transition problems in areas such as family reunification, employment, education, and health;

     (3) While the Washington state department of veterans affairs has provided services to many returning soldiers, a significant number have returned to families and communities without continuing ties to the military department or veterans' administration, but still in need of help; and

     (4) Our state needs to honor and serve those who have protected our security and safety." [2006 c 343 § 1.]



43.60A.165
Defenders' fund — Eligibility for assistance.

The defenders' fund is created to provide assistance to members of the Washington national guard and reservists who served in Operation Enduring Freedom, Operation Iraqi Freedom, or Operation Noble Eagle, and who are experiencing financial hardships in employment, education, housing, and health care due to the significant period of time away from home serving our country. The program shall be administered by the department. Eligibility determinations shall be made by the department. Eligible veterans may receive a one-time grant of no more than five hundred dollars, except that for the 2007-2009 biennium, the one-time grant may not exceed one thousand dollars.

[2007 c 522 § 952; 2006 c 343 § 4.]

Notes:

     Sunset Act application: See note following RCW 43.60A.160.

     Severability -- Effective date -- 2007 c 522: See notes following RCW 15.64.050.

     Findings -- 2006 c 343: See note following RCW 43.60A.160.



43.60A.170
Competitive grant program — Veterans innovations program board — Travel expenses.

The competitive grant program is created to fund innovative initiatives to provide crisis and emergency relief, education, training, and employment assistance to veterans and their families in their communities.

     (1) The veterans innovations program board is created to exercise the powers granted under RCW 43.60A.160 through 43.60A.185 related to the competitive grant program.

     (a) The board consists of seven citizens of the state, appointed by the governor, with recognized experience in serving veterans and their families in the community regarding transition and readjustment issues; education, training, and employment needs; and other needs experienced by veterans and their families stemming from service to their country.

     (b) The members of the board select the chair.

     (c) The department shall provide staff support to the board.

     (d) Members of the board receive no compensation but shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.

     (2) The board shall:

     (a) Establish a competitive process to solicit proposals for and prioritize project applications for potential funding. The purpose of the proposals shall be in three categories:

     (i) Crisis and emergency relief;

     (ii) Education, training, and employment assistance; and

     (iii) Community outreach and resources; and

     (b) Report on January 1, 2007, to the appropriate standing committees of the legislature and to the joint committee on veterans and military affairs on the implementation of chapter 343, Laws of 2006. The report must include, but is not limited to, information on the number of applications for assistance, the grant amount awarded each project, a description of each project, and performance measures of the program.

[2006 c 343 § 5.]

Notes:

     Sunset Act application: See note following RCW 43.60A.160.

     Findings -- 2006 c 343: See note following RCW 43.60A.160.



43.60A.175
Receipt of gifts, grants, or endowments — Rule-making authority.

(1) The department may receive gifts, grants, or endowments from public or private sources that are made from time to time, in trust or otherwise, for the use and benefit of the purposes of the defenders' fund and the competitive grant program and spend gifts, grants, or endowments or income from the public or private sources according to their terms, unless the receipt of the gifts, grants, or endowments violates RCW 42.17.710.

     (2) The department may adopt rules under chapter 34.05 RCW as necessary to carry out the purposes of RCW 43.60A.160 through 43.60A.185.

     (3) The department may perform all acts and functions as necessary or convenient to carry out the powers expressly granted or implied under chapter 343, Laws of 2006.

[2006 c 343 § 6.]

Notes:

     Sunset Act application: See note following RCW 43.60A.160.

     Findings -- 2006 c 343: See note following RCW 43.60A.160.



43.60A.180
Conflicts of interest.

In addition to other applicable provisions of law pertaining to conflicts of interest of public officials, no board member, appointive or otherwise, may participate in any decision on any board contract in which the board member has any interests, direct or indirect, with any entity that would be the recipient of any aid under this chapter.

[2006 c 343 § 7.]

Notes:

     Sunset Act application: See note following RCW 43.60A.160.

     Findings -- 2006 c 343: See note following RCW 43.60A.160.



43.60A.185
Veterans innovations program account.

The veterans innovations program account is created in the state treasury. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for purposes of the veterans innovations program.

[2006 c 343 § 8.]

Notes:

     Sunset Act application: See note following RCW 43.60A.160.

     Findings -- 2006 c 343: See note following RCW 43.60A.160.



43.60A.190
Veteran-owned businesses.

(1) The department shall:

     (a) Develop and maintain a current list of veteran-owned businesses; and

     (b) Make the list available on the department's public web site.

     (2) To qualify as a veteran-owned business, the business must be at least fifty-one percent owned and controlled by:

     (a) A veteran as defined in RCW 41.04.007; or

     (b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.

     (3) To participate in the linked deposit program under chapter 43.86A RCW, a veteran-owned business qualified under this section must be certified by the department as a business:

     (a) In which the veteran owner possesses and exercises sufficient expertise specifically in the business's field of operation to make decisions governing the long-term direction and the day-to-day operations of the business;

     (b) That is organized for profit and performing a commercially useful function; and

     (c) That meets the criteria for a small business concern as established under chapter 39.19 RCW.

     (4) The department shall create a logo for the purpose of identifying veteran-owned businesses to the public. The department shall put the logo on an adhesive sticker or decal suitable for display in a business window and distribute the stickers or decals to veteran-owned businesses listed with the department.

     (5)(a) Businesses may submit an application on a form prescribed by the department for inclusion on the list or to apply for certification under this section.

     (b) The department must notify the state treasurer of veteran-owned businesses that are no longer certified under this section. The written notification to the state treasurer must contain information regarding the reasons for the decertification and information on financing provided to the veteran-owned business under RCW 43.86A.060.

     (6) The department may adopt rules necessary to implement this section.

[2008 c 187 § 1; 2007 c 11 § 1.]



43.60A.900
Transfer of personnel of department of social and health services engaged in veterans' services — Rights preserved.

All employees and personnel of the department of social and health services directly engaged in services to veterans shall, on June 25, 1976, be transferred to the jurisdiction of the department of veterans affairs. All employees classified under chapter 41.06 RCW, the state civil service law, shall be assigned to the department to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing the state civil service law.

[1975-'76 2nd ex.s. c 115 § 9.]

43.60A.901
Transfer of property, records, funds, assets of agencies whose functions are transferred to department.

All reports, documents, surveys, books, records, files, papers, or other writings in the possession of all departments and agencies of state government concerned with veterans services, and pertaining to the functions affected by this chapter, shall be delivered to the custody of the department of veterans affairs. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed in carrying out the powers and duties transferred by this chapter shall be made available to the department. All funds, credits, or other assets held in connection with the functions transferred by this chapter shall be assigned to the department.

     Any appropriations made to the department of social and health services or other departments or agencies affected by this chapter for the purpose of carrying out the powers and duties transferred by this chapter, shall on June 25, 1976, be transferred and credited to the department of veterans affairs for the purpose of carrying out such transferred powers and duties.

     Whenever any question arises as to the transfer of any funds, including unexpended balances within any accounts, books, documents, records, papers, files, equipment, or any other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred under this chapter, the director of financial management or successor thereto shall make a determination as to the proper allocation and certify the same to the state departments and agencies concerned.

[1979 c 151 § 125; 1975-'76 2nd ex.s. c 115 § 10.]

43.60A.902
Rules and regulations, pending business, contracts, of agencies whose functions are transferred to department to be continued — Savings.

All rules and regulations, and all pending business before the departments and agencies or divisions thereof affected by this chapter pertaining to matters transferred by this chapter, as of June 25, 1976, shall be continued and acted upon by the department. All existing contracts and obligations pertaining to the functions transferred by this chapter shall remain in full force and effect, and shall be performed by the department. Neither the transfer of any department or agency, or division thereof, nor any transfer of powers, duties, and functions, shall affect the validity of any act performed by such department or agency or division thereof or any officer or employee thereof prior to June 25, 1976.

[1975-'76 2nd ex.s. c 115 § 11.]



43.60A.903
Certification when apportionments of budgeted funds required because of transfers.

If apportionments of budgeted funds are required because of the transfers authorized by this chapter, the director of financial management shall certify such apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with such certification.

[1979 c 151 § 126; 1975-'76 2nd ex.s. c 115 § 12.]



43.60A.904
Federal programs — Rules and regulations — Internal reorganization to meet federal requirements — Construction to comply with federal law — Conflicting parts inoperative.

In furtherance of the policy of the state to cooperate with the federal government in all of the programs included in this chapter, such rules and regulations as may become necessary to entitle the state to participate in federal funds may be adopted, unless the same be expressly prohibited by law. Any internal reorganization carried out under the terms of this chapter shall meet federal requirements which are a necessary condition to state receipt of federal funds. Any section or provision of this chapter which may be susceptible to more than one construction shall be interpreted in favor of the construction most likely to comply with federal laws entitling this state to receive federal funds for the various programs of the department. If any part of this chapter is ruled to be in conflict with federal requirements which are a prescribed condition of the allocation of federal funds to the state, or to any departments or agencies thereof, such conflicting part of this chapter is declared to be inoperative solely to the extent of the conflict.

[1975-'76 2nd ex.s. c 115 § 13.]



43.60A.905
Savings — 1975-'76 2nd ex.s. c 115.

Nothing in this chapter shall be construed to affect any existing rights acquired under RCW 43.17.010, 43.17.020, 43.61.030, 43.61.040, or 43.61.070, as now or hereafter amended, except as to the governmental agencies referred to and their officials and employees, nor as affecting any actions, activities, or proceedings validated thereunder, nor as affecting any civil or criminal proceedings instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor any administrative action taken thereunder; and neither the abolition of any agency or division thereof nor any transfer of powers, duties, and functions as provided herein, shall affect the validity of any act performed by such agency or division thereof or any officer thereof prior to June 25, 1976.

[1983 c 3 § 112; 1975-'76 2nd ex.s. c 115 § 15.]



43.60A.906
Collective bargaining units or agreements not altered.

Nothing contained in this chapter shall be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until any such agreement has expired or until any such bargaining unit has been modified by action of the Washington personnel resources board as provided by law.

[1993 c 281 § 52; 1975-'76 2nd ex.s. c 115 § 16.]

Notes:

     Effective date -- 1993 c 281: See note following RCW 41.06.022.



43.60A.907
Liberal construction — 1975-'76 2nd ex.s. c 115.

The rule of strict construction shall have no application to this chapter and it shall be liberally construed in order to carry out the objective for which it is designed, in accordance with the legislative intent to give the director the maximum possible freedom in carrying the provisions of this chapter into effect.

[1975-'76 2nd ex.s. c 115 § 17.]



43.60A.908
Severability — 1975-'76 2nd ex.s. c 115.

If any provision of this amendatory act, or its application to any person or circumstance is held invalid, the remainder of the act, or the application of the provision to other persons or circumstances is not affected.

[1975-'76 2nd ex.s. c 115 § 25.]