KLS Keeping Law Simple Legislation in plain English

Straight-ahead summaries built from the official bill text. We keep the source links front and center and leave the decision up to you.

Back to Washington

SB5068 • 2026

Public employ. eligibility

Concerning agencies, firefighters, prosecutors, and general or limited authority law enforcement, extending eligibility for employment to all United States citizens or persons legally authorized to work in the United States under federal law.

Labor
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Senator Lovick, Senator Hansen, Senator Dhingra, Senator Frame, Senator Hasegawa, Senator Liias, Senator Nobles, Senator Salomon, Senator Trudeau, Senator Valdez, Senator Wellman
Last action
2026-03-18
Official status
C 103 L 26
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Public employ. eligibility

Public employ.

What This Bill Does

  • Public employ.
  • eligibility

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

5068 AMH CS H1980.1

0 • Community Safety

NOT CONSIDERED

Plain English: 5068 AMH CS H1980.1 SB 5068 - H COMM AMD By Committee on Community Safety NOT CONSIDERED 04/27/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

  • 5068 AMH CS H1980.1 SB 5068 - H COMM AMD By Committee on Community Safety NOT CONSIDERED 04/27/2025 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
  • 1.
  • RCW 10.93.165 and 2024 c 11 s 1 are each amended to 3 read as follows: 4 A general authority Washington law enforcement agency or limited 5 authority Washington law enforcement agency may consider the 6 application of a ((citizen of the United States or a lawful permanent 7 resident)) person who is legally authorized to work in the United 8 States under federal law for any office, place, position, or 9 employment within the agency.
  • 10 This section shall be interpreted and applied consistent with 11 federal law and regulations.
5068.E AMH CS H3621.1

0 • Community Safety

NOT ADOPTED

Plain English: 5068.E AMH CS H3621.1 ESB 5068 - H COMM AMD By Committee on Community Safety NOT ADOPTED 03/06/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

  • 5068.E AMH CS H3621.1 ESB 5068 - H COMM AMD By Committee on Community Safety NOT ADOPTED 03/06/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
  • 1.
  • RCW 10.93.165 and 2024 c 11 s 1 are each amended to 3 read as follows: 4 A general authority Washington law enforcement agency or limited 5 authority Washington law enforcement agency may consider the 6 application of a citizen of the United States or a ((lawful permanent 7 resident)) person who is legally authorized to work in the United 8 States under federal law for any office, place, position, or 9 employment within the agency.
  • 10 This section shall be interpreted and applied consistent with 11 federal law and regulations.
5068 AMH GOOD RUSM 274

1011 • Goodman

NOT CONSIDERED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH GOOD RUSM 274 1 - Official Print EFFECT: Specifies that Washington law may not override or bypass work authorization requirements in certain federal regulations and statutes as those regulations and statutes exist on the bill's effective date.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH GOOD RUSM 274 1 - Official Print EFFECT: Specifies that Washington law may not override or bypass work authorization requirements in certain federal regulations and statutes as those regulations and statutes exist on the bill's effective date.
  • 5068 AMH GOOD RUSM 274 SB 5068 - H AMD TO CS COMM AMD (H-1980.1/25) 1011 By Representative Goodman NOT CONSIDERED 04/27/2025 On page 1, line 15 of the striking amendment, after "Regulations" insert ", 8 U.S.C.
  • 1101, 1103, 1105a, 1324a, and 48 U.S.C.
  • 1806, each as they existed as of the effective date of this act" On page 3, line 13 of the striking amendment, after "Regulations" insert ", 8 U.S.C.
5068 AMH THAI RUSM 280

1117 • Thai

NOT CONSIDERED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH THAI RUSM 280 1 - Official Print 5068 AMH THAI RUSM 280 SB 5068 - H AMD TO CS COMM AMD (H-1980.1/25) 1117 By Representative Thai NOT CONSIDERED 04/27/2025 On page 1, after line 10 of the striking amendment, insert the following: "Any offer of employment under this section to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" On page 2, after line 26 of the striking amendment, insert the following: "Any offer of employment under this section to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" On page 3, after line 2 of the striking amendment, insert the following: "Any offer of employment under this section to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068 AMH THAI RUSM 280 2 - Official Print EFFECT: Requires employers identified in the bill to provide a specified notice when offering a position to a person who is not a United States citizen, which must be substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" On page 3, after line 28 of the striking amendment, insert the following: "Any offer of employment under this section to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" On page 5, line 6 of the striking amendment, after "law." insert "Any offer of employment under this section and section 6 of this act to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" On page 8, line 24 of the striking amendment, after "RCW 43.101.095(2)." insert "Any offer of employment under this section to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068 AMH THAI RUSM 280 3 - Official Print citizen of the United States but otherwise eligible for this position".

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH THAI RUSM 280 1 - Official Print 5068 AMH THAI RUSM 280 SB 5068 - H AMD TO CS COMM AMD (H-1980.1/25) 1117 By Representative Thai NOT CONSIDERED 04/27/2025 On page 1, after line 10 of the striking amendment, insert the following: "Any offer of employment under this section to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" On page 2, after line 26 of the striking amendment, insert the following: "Any offer of employment under this section to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" On page 3, after line 2 of the striking amendment, insert the following: "Any offer of employment under this section to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068 AMH THAI RUSM 280 2 - Official Print EFFECT: Requires employers identified in the bill to provide a specified notice when offering a position to a person who is not a United States citizen, which must be substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" On page 3, after line 28 of the striking amendment, insert the following: "Any offer of employment under this section to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" On page 5, line 6 of the striking amendment, after "law." insert "Any offer of employment under this section and section 6 of this act to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" On page 8, line 24 of the striking amendment, after "RCW 43.101.095(2)." insert "Any offer of employment under this section to an applicant who is not a citizen of the United States but otherwise eligible for employment must include a notice substantially similar to the following: "[Employing Agency] cannot prevent any potential federal immigration enforcement action against an applicant who is not a citizen of the United States but otherwise eligible for this position."" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068 AMH THAI RUSM 280 3 - Official Print citizen of the United States but otherwise eligible for this position".
  • END
5068.E AMH BURN WEHL 406

2179 • Burnett

WITHDRAWN

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH BURN WEHL 406 1 - Official Print By Representative Burnett EFFECT: Requires the Washington State Patrol, rather than the employing agency, to conduct the background check for applicants for employment as a general authority Washington peace officer, limited authority Washington peace officer, city police officer, county sheriff, or Washington Department of Fish and Wildlife officer.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH BURN WEHL 406 1 - Official Print By Representative Burnett EFFECT: Requires the Washington State Patrol, rather than the employing agency, to conduct the background check for applicants for employment as a general authority Washington peace officer, limited authority Washington peace officer, city police officer, county sheriff, or Washington Department of Fish and Wildlife officer.
  • 5068.E AMH BURN WEHL 406 ESB 5068 - H AMD TO CS COMM AMD (H-3621.1/26) 2179 WITHDRAWN 03/06/2026 On page 9, line 22 of the striking amendment, after "that the" strike "agency" and insert "((agency)) Washington state patrol" On page 10, line 16 of the striking amendment, after "43.101.095(2)" insert ", and a background check completed by the Washington state patrol" --- END
5068.E AMH WALJ PATT 428

2394 • Walsh

WITHDRAWN

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH WALJ PATT 428 1 - Official Print By Representative Walsh 5068.E AMH WALJ PATT 428 ESB 5068 - H AMD TO CS COMM AMD (H-3621.1/26) 2394 WITHDRAWN 03/06/2026 On page 1, line 15 of the striking amendment, after "Regulations" insert ", 8 U.S.C.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH WALJ PATT 428 1 - Official Print By Representative Walsh 5068.E AMH WALJ PATT 428 ESB 5068 - H AMD TO CS COMM AMD (H-3621.1/26) 2394 WITHDRAWN 03/06/2026 On page 1, line 15 of the striking amendment, after "Regulations" insert ", 8 U.S.C.
  • 1101, 1103, 1105a, 1324a, and 48 U.S.C.
  • 1806" On page 2, line 3 of the striking amendment, after "Regulations" insert ", 8 U.S.C.
  • 1101, 1103, 1105a, 1324a, and 48 U.S.C.
5068.E AMH WALJ PATT 429

2395 • Walsh

WITHDRAWN

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH WALJ PATT 429 1 - Official Print By Representative Walsh EFFECT: Requires applicants for any civil service firefighter position to be a United States citizen, rather than either a United States citizen or legally authorized to work in the United States under federal law.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH WALJ PATT 429 1 - Official Print By Representative Walsh EFFECT: Requires applicants for any civil service firefighter position to be a United States citizen, rather than either a United States citizen or legally authorized to work in the United States under federal law.
  • 5068.E AMH WALJ PATT 429 ESB 5068 - H AMD TO CS COMM AMD (H-3621.1/26) 2395 WITHDRAWN 03/06/2026 On page 2, beginning on line 30 of the striking amendment, after "recipient))" strike all material through "law" on line 31 On page 3, beginning on line 7 of the striking amendment, beginning with "or a" strike all material through "law" on line 8 --- END
5068.E AMH WALJ LANG 263

2396 • Walsh

WITHDRAWN

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH WALJ LANG 263 1 - Official Print By Representative Walsh 5068.E AMH WALJ LANG 263 ESB 5068 - H AMD TO CS COMM AMD (H-3621.1/26) 2396 WITHDRAWN 03/06/2026 On page 1, line 9 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 1, line 19 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 1, line 28 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 2, line 17 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 2, line 31 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 3, line 8 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 3, line 20 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 4, line 6 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 4, line 14 of the striking amendment, after "federal" strike "law" and insert "administrative rules" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068.E AMH WALJ LANG 263 2 - Official Print EFFECT: Modifies the criteria for employment eligibility for a general authority law enforcement agency, limited authority law enforcement agency, civil service firefighter, civil service city police, civil service county sheriff's office, a deputy prosecuting attorney, and a Washington Department of Fish and Wildlife officer to include persons legally authorized to work in the United States On page 4, line 26 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 4, line 38 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 5, line 8 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 5, line 25 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 6, line 20 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 7, line 36 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 9, line 30 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 10, line 9 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 10, line 28 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 10, line 35 of the striking amendment, after "federal" strike "law" and insert "administrative rules" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068.E AMH WALJ LANG 263 3 - Official Print under federal administrative rule, instead of persons legally authorized to work in the United States under federal law.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH WALJ LANG 263 1 - Official Print By Representative Walsh 5068.E AMH WALJ LANG 263 ESB 5068 - H AMD TO CS COMM AMD (H-3621.1/26) 2396 WITHDRAWN 03/06/2026 On page 1, line 9 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 1, line 19 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 1, line 28 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 2, line 17 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 2, line 31 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 3, line 8 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 3, line 20 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 4, line 6 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 4, line 14 of the striking amendment, after "federal" strike "law" and insert "administrative rules" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068.E AMH WALJ LANG 263 2 - Official Print EFFECT: Modifies the criteria for employment eligibility for a general authority law enforcement agency, limited authority law enforcement agency, civil service firefighter, civil service city police, civil service county sheriff's office, a deputy prosecuting attorney, and a Washington Department of Fish and Wildlife officer to include persons legally authorized to work in the United States On page 4, line 26 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 4, line 38 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 5, line 8 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 5, line 25 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 6, line 20 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 7, line 36 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 9, line 30 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 10, line 9 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 10, line 28 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 10, line 35 of the striking amendment, after "federal" strike "law" and insert "administrative rules" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068.E AMH WALJ LANG 263 3 - Official Print under federal administrative rule, instead of persons legally authorized to work in the United States under federal law.
  • END
5068.E AMH GRAH WEHL 421

2408 • Graham

WITHDRAWN

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH GRAH WEHL 421 1 - Official Print By Representative Graham EFFECT: Requires deputy prosecuting attorneys to be citizens of the United States, instead of either a citizen of the United States or a lawful permanent resident.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH GRAH WEHL 421 1 - Official Print By Representative Graham EFFECT: Requires deputy prosecuting attorneys to be citizens of the United States, instead of either a citizen of the United States or a lawful permanent resident.
  • 5068.E AMH GRAH WEHL 421 ESB 5068 - H AMD TO CS COMM AMD (H-3621.1/26) 2408 WITHDRAWN 03/06/2026 On page 5, line 23 of the striking amendment, after "States" strike all material through "law" on line 25 and insert "((or a lawful permanent resident))" On page 6, beginning on line 16 of the striking amendment, strike all of section 11 Renumber the remaining sections consecutively and correct any internal references accordingly.
  • END
5068.E AMH BURN WEHL 420

2409 • Burnett

WITHDRAWN

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH BURN WEHL 420 1 - Official Print By Representative Burnett 5068.E AMH BURN WEHL 420 ESB 5068 - H AMD TO CS COMM AMD (H-3621.1/26) 2409 WITHDRAWN 03/06/2026 On page 1, beginning on line 7 of the striking amendment, after "States" strike all material through "law" on line 9 and insert "((or a lawful permanent resident))" On page 1, beginning on line 11 of the striking amendment, beginning with "This" strike all material through "impracticable." on line 21 On page 2, beginning on line 13 of the striking amendment, after "agency" strike all material through "law" on line 17 and insert "((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))" On page 3, beginning on line 18 of the striking amendment, after "States" strike all material through "law" on line 20 and insert "of America ((, a lawful permanent resident, or a deferred action for childhood arrivals recipient))" On page 3, beginning on line 35 of the striking amendment, beginning with "This" strike all material through "impracticable." on page 4, line 8 On page 4, beginning on line 25 of the striking amendment, after "recipient))" strike all material through "law" on line 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068.E AMH BURN WEHL 420 2 - Official Print EFFECT: Removes provisions allowing general authority and limited authority law enforcement agencies, civil service city police and civil service county sheriff's offices, and the Washington Department of Fish and Wildlife to consider applications from individuals who are legally authorized to work in the United States under federal law, instead of applications from individuals who are a citizen of the United States, a lawful permanent resident, and/or a Deferred Action for Childhood Arrivals recipient.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH BURN WEHL 420 1 - Official Print By Representative Burnett 5068.E AMH BURN WEHL 420 ESB 5068 - H AMD TO CS COMM AMD (H-3621.1/26) 2409 WITHDRAWN 03/06/2026 On page 1, beginning on line 7 of the striking amendment, after "States" strike all material through "law" on line 9 and insert "((or a lawful permanent resident))" On page 1, beginning on line 11 of the striking amendment, beginning with "This" strike all material through "impracticable." on line 21 On page 2, beginning on line 13 of the striking amendment, after "agency" strike all material through "law" on line 17 and insert "((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))" On page 3, beginning on line 18 of the striking amendment, after "States" strike all material through "law" on line 20 and insert "of America ((, a lawful permanent resident, or a deferred action for childhood arrivals recipient))" On page 3, beginning on line 35 of the striking amendment, beginning with "This" strike all material through "impracticable." on page 4, line 8 On page 4, beginning on line 25 of the striking amendment, after "recipient))" strike all material through "law" on line 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068.E AMH BURN WEHL 420 2 - Official Print EFFECT: Removes provisions allowing general authority and limited authority law enforcement agencies, civil service city police and civil service county sheriff's offices, and the Washington Department of Fish and Wildlife to consider applications from individuals who are legally authorized to work in the United States under federal law, instead of applications from individuals who are a citizen of the United States, a lawful permanent resident, and/or a Deferred Action for Childhood Arrivals recipient.
  • Requires these agencies to consider applications from citizens of the United States, instead of applications from a citizen of the United States, a lawful permanent resident, and/or a Deferred Action for Childhood Arrivals recipient.
  • On page 4, beginning on line 35 of the striking amendment, beginning with "A" strike all material through "impracticable." on page 5, line 2 On page 7, line 33 of the striking amendment, after "States" strike "((of America," and insert "of America, ((" On page 7, beginning on line 34 of the striking amendment, after "recipient))" strike all material through "Regulations" on page 8, line 2 On page 10, beginning on line 7 of the striking amendment, after "recipient))" strike all material through "law" on line 9 On page 11, beginning on line 3 of the striking amendment, strike all of section 16 Renumber the remaining sections consecutively and correct any internal references accordingly.
  • END
5068.E AMH BURN WEHL 419

2410 • Burnett

WITHDRAWN

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH BURN WEHL 419 1 - Official Print By Representative Burnett EFFECT: Restores the requirement in current law that general authority and limited authority law enforcement agencies may consider the application of a citizen of the United States or a lawful permanent resident.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH BURN WEHL 419 1 - Official Print By Representative Burnett EFFECT: Restores the requirement in current law that general authority and limited authority law enforcement agencies may consider the application of a citizen of the United States or a lawful permanent resident.
  • Restores the requirement in current law that an applicant for civil service city police or civil service county sheriff's office positions must be a citizen of the United States, a lawful permanent resident, or a Deferred Action for Childhood Arrivals recipient.
  • Restores the requirement in current law that an applicant for a Washington Department of Fish and Wildlife position must be a citizen of the United States, a lawful permanent resident, or a Deferred Action for Childhood Arrivals recipient.
  • 5068.E AMH BURN WEHL 419 ESB 5068 - H AMD TO CS COMM AMD (H-3621.1/26) 2410 WITHDRAWN 03/06/2026 On page 1, beginning on line 3 of the striking amendment, strike all of sections 1, 2, and 3 Renumber the remaining sections consecutively and correct any internal references accordingly.
5068.E AMH BURN WEHL 425

2508 • Burnett

ADOPTED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH BURN WEHL 425 1 - Official Print By Representative Burnett 5068.E AMH BURN WEHL 425 ESB 5068 - H AMD 2508 ADOPTED 03/06/2026 Strike everything after the enacting clause and insert the following: "Sec.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068.E AMH BURN WEHL 425 1 - Official Print By Representative Burnett 5068.E AMH BURN WEHL 425 ESB 5068 - H AMD 2508 ADOPTED 03/06/2026 Strike everything after the enacting clause and insert the following: "Sec.
  • 1.
  • RCW 10.93.165 and 2024 c 11 s 1 are each amended to read as follows: ((A)) (1) Except as provided in subsection (2) of this section and section 5 of this act, a general authority Washington law enforcement agency or limited authority Washington law enforcement agency may consider the application of a citizen of the United States or a lawful permanent resident for any office, place, position, or employment within the agency.
  • (2) For purposes of hiring an employee whose primary job function is to provide for the custody, safety, and security of adult persons in state correctional facilities or local jails, a general authority Washington law enforcement agency or limited authority Washington law enforcement agency may consider the application of a citizen of the United States or a person who is legally authorized to work in the United States under federal law.
5068 AMH GRAH RUSM 255

904 • Graham

NOT CONSIDERED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH ....

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH ....
  • RUSM 255 1 - Official Print EFFECT: Requires deputy prosecuting attorneys to be citizens of the United States, instead of either a citizen of the United States or lawful permanent resident.
  • 5068 AMH GRAH RUSM 255 SB 5068 - H AMD TO CS COMM AMD (H-1980.1/25) 904 By Representative Graham NOT CONSIDERED 04/27/2025 On page 4, beginning on line 12 of the striking amendment, after "a" strike all material through "law" on line 14 and insert "citizen of the United States ((or a lawful permanent resident))" On page 5, beginning on line 3 of the striking amendment, strike all of section 7 --- END
5068 AMH BURN RUSM 254

905 • Burnett

NOT CONSIDERED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH ....

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH ....
  • RUSM 254 1 - Official Print EFFECT:  Restores the requirement in current law that general authority and limited authority law enforcement agencies may consider the application of a citizen of the United States or a lawful permanent resident.
  •  Restores the requirement in current law that an applicant for civil service city police or civil service county sheriff's office positions must be a citizen of the United States, a lawful permanent resident, or a Deferred Action for Childhood Arrivals recipient.
  •  Restores the requirement in current law that an applicant for a fish and wildlife officer position must be a citizen of the United States, a lawful permanent resident, or a Deferred Action for Childhood Arrivals recipient.
5068 AMH BURN RUSM 256

907 • Burnett

NOT CONSIDERED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH ....

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH ....
  • RUSM 256 1 - Official Print 5068 AMH BURN RUSM 256 SB 5068 - H AMD TO CS COMM AMD(H-1980.1/25) 907 By Representative Burnett NOT CONSIDERED 04/27/2025 On page 1, beginning on line 7 of the striking amendment, after "a" strike all material through "law" on line 9 and insert "citizen of the United States ((or a lawful permanent resident))" On page 1, at the beginning of line 11 of the striking amendment, strike all material through "impracticable." on line 21 On page 2, beginning on line 1 of the striking amendment, after "agency" strike all material through "law" on line 5 and insert "((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))" On page 2, beginning on line 30 of the striking amendment, after "a" strike all material through "law" on line 33 and insert "citizen of the United States of America ((, a lawful permanent resident, or a deferred action for childhood arrivals recipient))" On page 3, at the beginning of line 9 of the striking amendment, strike all material through "impracticable." on line 19 On page 3, beginning on line 25 of the striking amendment, after "recipient))" strike "or legally authorized to work in the United States under federal law" On page 3, at the beginning of line 35 of the striking amendment, strike all material through "impracticable." on page 4, line 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068 AMH ....
  • RUSM 256 2 - Official Print EFFECT:  Makes changes pertaining to certain agencies, including general authority and limited authority law enforcement agencies, civil service city police and civil service county sheriff's offices, and the Department of Fish and Wildlife.
  •  Removes provisions allowing these agencies to consider applications from individuals who are legally authorized to work in the United States under federal law, instead of applications from individuals who are a citizen of the United States, a lawful permanent resident, and/or a Deferred Action for Childhood Arrivals recipient.
5068 AMH WALJ RUSM 258

909 • Walsh

NOT CONSIDERED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH ....

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH ....
  • RUSM 258 1 - Official Print 5068 AMH WALJ RUSM 258 SB 5068 - H AMD TO CS COMM AMD (H-1980.1/25) 909 By Representative Walsh NOT CONSIDERED 04/27/2025 On page 1, line 9 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 1, line 19 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 2, line 5 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 2, line 19 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 2, line 33 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 3, line 17 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 3, line 26 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 3, line 38 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 4, line 14 of the striking amendment, after "federal" strike "law" and insert "administrative rules" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 5068 AMH ....
  • RUSM 258 2 - Official Print EFFECT: Modifies the criteria for employment eligibility for specified law enforcement, deputy prosecuting attorney, and firefighter positions to include persons legally authorized to work in the United States under federal administrative rule, instead of persons legally authorized to work in the United States under federal law.
  • On page 5, line 6 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 6, line 19 of the striking amendment, after "federal" strike "law" and insert "administrative rules" On page 8, line 17 of the striking amendment, after "federal" strike "law" and insert "administrative rules" --- END
5068 AMH WALJ RUSM 259

910 • Walsh

NOT CONSIDERED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH ....

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH ....
  • RUSM 259 1 - Official Print EFFECT:  Removes the provision added by the bill allowing applicants for any civil service firefighter position to be legally authorized to work in the United States under federal law as an alternative to being a citizen of the United States.
  •  As compared to current law, requires applicants for any civil service firefighter position to be a citizen of the United States, instead of either a citizen of the United States, a lawful permanent resident, or a Deferred Action for Childhood Arrivals recipient.
  • 5068 AMH WALJ RUSM 259 SB 5068 - H AMD TO CS COMM AMD (H-1980.1/25) 910 By Representative Walsh NOT CONSIDERED 04/27/2025 On page 2, beginning on line 18 of the striking amendment, after "recipient))" strike "or legally authorized to work in the United States under federal law" --- END
5068 AMH WALJ RUSM 268

946 • Walsh

NOT CONSIDERED

Plain English: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH WALJ RUSM 268 1 - Official Print EFFECT: Provides that authorization in Washington state law allowing certain employers to consider the applications of persons legally authorized to work in the United States under federal law may not be construed to permit an employer to override or bypass work authorization requirements in federal statute.

  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5068 AMH WALJ RUSM 268 1 - Official Print EFFECT: Provides that authorization in Washington state law allowing certain employers to consider the applications of persons legally authorized to work in the United States under federal law may not be construed to permit an employer to override or bypass work authorization requirements in federal statute.
  • 5068 AMH WALJ RUSM 268 SB 5068 - H AMD TO CS COMM AMD (H-1980.1/25) 946 By Representative Walsh NOT CONSIDERED 04/27/2025 On page 1, line 15 of the striking amendment, after "Regulations" insert ", 8 U.S.C.
  • 1101, 1103, 1105a, 1324a, and 48 U.S.C.
  • 1806" On page 3, line 13 of the striking amendment, after "Regulations" insert ", 8 U.S.C.
5068 AMS LOVI S3852.1

504 • Lovick

ADOPTED

Plain English: 5068 AMS LOVI S3852.1 SB 5068 - S AMD 504 By Senator Lovick ADOPTED 01/21/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.

  • 5068 AMS LOVI S3852.1 SB 5068 - S AMD 504 By Senator Lovick ADOPTED 01/21/2026 Strike everything after the enacting clause and insert the 1 following: 2 "Sec.
  • 1.
  • RCW 10.93.165 and 2024 c 11 s 1 are each amended to 3 read as follows: 4 A general authority Washington law enforcement agency or limited 5 authority Washington law enforcement agency may consider the 6 application of a ((citizen of the United States or a lawful permanent 7 resident)) person who is legally authorized to work in the United 8 States under federal law for any office, place, position, or 9 employment within the agency.
  • 10 This section shall be interpreted and applied consistent with 11 federal law and regulations.
5068 AMS HOLY S4051.2

516 • Holy

NOT ADOPTED

Plain English: 5068 AMS HOLY S4051.2 SB 5068 - S AMD TO S AMD (S-3852.1/26) 516 By Senator Holy NOT ADOPTED 01/21/2026 Beginning on page 1, line 3, strike all of sections 1, 2, and 31 Renumber the remaining sections consecutively and correct any 2 internal references accordingly.

  • 5068 AMS HOLY S4051.2 SB 5068 - S AMD TO S AMD (S-3852.1/26) 516 By Senator Holy NOT ADOPTED 01/21/2026 Beginning on page 1, line 3, strike all of sections 1, 2, and 31 Renumber the remaining sections consecutively and correct any 2 internal references accordingly.
  • 3 Beginning on page 3, line 4, strike all of sections 6, 7, 8, 9, 4 10, 11, 12, and 13 5 Renumber the remaining sections consecutively and correct any 6 internal references accordingly.
  • 7 Beginning on page 9, line 8, strike all of sections 14 through 178 Correct any internal references accordingly.
  • 9 On page 10, beginning on line 12, after "line" strike all 10 material through "emergency" on line 20, and insert "1 of the title, 11 after "Relating to" strike all material through line 7 of the title, 12 and insert "extending eligibility for employment to all United States 13 citizens or persons legally authorized to work in the United States 14 under federal law for firefighters; amending RCW 41.08.070; and 15 adding a new section to chapter 41.08 RCW" 16 EFFECT: Removes law enforcement officers, corrections officers, fish and wildlife officers, and prosecutors from the bill.

Bill History

  1. 2026-03-18 Senate

    Effective date 3/18/2026.

Official Summary Text

Public employ. eligibility

Current Bill Text

Read the full stored bill text 
AN ACT Relating to agencies, firefighters, prosecutors, and 1
general or limited authority law enforcement, extending eligibility 2
for employment to all United States citizens or persons legally 3
authorized to work in the United States under federal law; amending 4
RCW 10.93.165, 10.93.200, 41.08.070, 41.12.070, 41.14.100, 36.27.040, 5
43.101.095, and 77.15.075; and adding a new section to chapter 36.27 6
RCW. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:8
Sec. 1. RCW 10.93.165 and 2024 c 11 s 1 are each amended to read 9
as follows: 10
A general authority Washington law enforcement agency or limited 11
authority Washington law enforcement agency may consider the 12
application of a ((citizen of the United States or a lawful permanent 13
resident)) person who is legally authorized to work in the United 14
States under federal law for any office, place, position, or 15
employment within the agency. 16
This section shall be interpreted and applied consistent with 17
federal law and regulations. This section shall not be construed to 18
permit an employer to override or bypass work authorization 19
requirements stated in section 274a.2 of Title 8 of the Code of 20
Federal Regulations.21
S-0335.1
SENATE BILL 5068
State of Washington 69th Legislature 2025 Regular Session
By Senators Lovick, Hansen, Dhingra, Frame, Hasegawa, Liias, Nobles,
Salomon, Trudeau, Valdez, and Wellman
Prefiled 12/16/24. Read first time 01/13/25. Referred to Committee
on Law & Justice.
p. 1 SB 5068
Sec. 2. RCW 10.93.200 and 2024 c 330 s 2 are each amended to 1
read as follows: 2
(1) A peace officer as defined in RCW 10.120.010 or corrections 3
officer as defined in RCW 43.101.010 employed by a general authority 4
Washington law enforcement agency or a limited authority Washington 5
law enforcement agency, as those terms are defined in RCW 10.93.020, 6
shall have the authority to possess and carry firearms, subject to 7
the written firearms policy created by the agency employing the peace 8
officer or corrections officer. 9
(2) A law enforcement agency that employs a person who is ((a 10
lawful permanent resident as defined in RCW 41.04.899 or a person who 11
is a deferred action for childhood arrivals recipient )) legally 12
authorized to work in the United States under federal law shall 13
ensure that it has a written firearms policy authorizing the 14
possession and carry of firearms by persons employed by that agency 15
as a peace officer as defined in RCW 10.120.010 or a corrections 16
officer as defined in RCW 43.101.010. A firearms policy must comply 17
with any federal law or regulation promulgated by the United States 18
department of justice, bureau of alcohol, tobacco, firearms, and 19
explosives, or any successor agency, governing possession of a 20
firearm and any related exceptions. 21
Sec. 3. RCW 41.08.070 and 2024 c 330 s 5 are each amended to 22
read as follows: 23
An applicant for a position of any kind under civil service under 24
the provisions of this chapter, must be a citizen of the United 25
States of America ((, a lawful permanent resident, or a deferred 26
action for childhood arrivals recipient )) or legally authorized to 27
work in the United States under federal law . An applicant for a 28
position of any kind under civil service under the provisions of this 29
chapter must be able to speak, read, and write the English language.30
An applicant for a position of any kind under civil service must 31
be of an age suitable for the position applied for, in ordinary good 32
health, of good moral character and of temperate and industrious 33
habits; these facts to be ascertained in such manner as the 34
commission may deem advisable. 35
Sec. 4. RCW 41.12.070 and 2024 c 330 s 6 are each amended to 36
read as follows: 37
p. 2 SB 5068
An applicant for a position of any kind under civil service under 1
the provisions of this chapter, must be a ((citizen of the United 2
States of America, a lawful permanent resident, or a deferred action 3
for childhood arrivals recipient )) person who is legally authorized 4
to work in the United States under federal law . An applicant for a 5
position of any kind under civil service under the provisions of this 6
chapter must be able to speak, read, and write the English language.7
An applicant for a position of any kind under civil service must 8
be of an age suitable for the position applied for, in ordinary good 9
health, of good moral character and of temperate and industrious 10
habits; these facts to be ascertained in such manner as the 11
commission may deem advisable. 12
An application for a position with a law enforcement agency may 13
be rejected if the law enforcement agency deems that it does not have 14
the resources to conduct the background investigation required 15
pursuant to chapter 43.101 RCW. Resources means materials, funding, 16
and staff time. Nothing in this section impairs an applicant's rights 17
under state antidiscrimination laws. 18
This section shall be interpreted and applied consistent with 19
federal law and regulations. This section shall not be construed to 20
permit an employer to override or bypass work authorization 21
requirements stated in section 274a.2 of Title 8 of the Code of 22
Federal Regulations.23
Sec. 5. RCW 41.14.100 and 2024 c 330 s 7 are each amended to 24
read as follows: 25
An applicant for a position of any kind under civil service under 26
the provisions of this chapter, must be a citizen of the United 27
States((, a lawful permanent resident, or a deferred action for 28
childhood arrivals recipient )) or legally authorized to work in the 29
United States under federal law . An applicant for a position of any 30
kind under civil service under the provisions of this chapter must be 31
able to speak, read, and write the English language.32
An application for a position with a law enforcement agency may 33
be rejected if the law enforcement agency deems that it does not have 34
the resources to conduct the background investigation required 35
pursuant to chapter 43.101 RCW. Resources means materials, funding, 36
and staff time. Nothing in this section impairs an applicant's rights 37
under state antidiscrimination laws. 38
p. 3 SB 5068
Sec. 6. RCW 36.27.040 and 2024 c 11 s 2 are each amended to read 1
as follows: 2
The prosecuting attorney may appoint one or more deputies who 3
shall have the same power in all respects as their principal. Each 4
appointment shall be in writing, signed by the prosecuting attorney, 5
and filed in the county auditor's office. Each deputy thus appointed 6
shall have the same qualifications required of the prosecuting 7
attorney, except that such deputy need not be a resident of the 8
county in which he or she serves nor a qualified elector therein. 9
Each deputy appointed must be a ((citizen of the United States or a 10
lawful permanent resident )) person who is legally authorized to work 11
in the United States under federal law . The prosecuting attorney may 12
appoint one or more special deputy prosecuting attorneys upon a 13
contract or fee basis whose authority shall be limited to the 14
purposes stated in the writing signed by the prosecuting attorney and 15
filed in the county auditor's office. Such special deputy prosecuting 16
attorney shall be admitted to practice as an attorney before the 17
courts of this state but need not be a resident of the county in 18
which he or she serves and shall not be under the legal disabilities 19
attendant upon prosecuting attorneys or their deputies except to 20
avoid any conflict of interest with the purpose for which he or she 21
has been engaged by the prosecuting attorney. The prosecuting 22
attorney shall be responsible for the acts of his or her deputies and 23
may revoke appointments at will. 24
Two or more prosecuting attorneys may agree that one or more 25
deputies for any one of them may serve temporarily as deputy for any 26
other of them on terms respecting compensation which are acceptable 27
to said prosecuting attorneys. Any such deputy thus serving shall 28
have the same power in all respects as if he or she were serving 29
permanently. 30
The provisions of chapter 39.34 RCW shall not apply to such 31
agreements. 32
The provisions of RCW 41.56.030(12) shall not be interpreted to 33
permit a prosecuting attorney to alter the at-will relationship 34
established between the prosecuting attorney and his or her appointed 35
deputies by this section for a period of time exceeding his or her 36
term of office. Neither shall the provisions of RCW 41.56.030(12) 37
require a prosecuting attorney to alter the at-will relationship 38
established by this section. 39
p. 4 SB 5068
NEW SECTION. Sec. 7. A new section is added to chapter 36.27 1
RCW to read as follows: 2
Employees of prosecuting attorneys' offices must be legally 3
authorized to work in the United States under federal law.4
This section shall be interpreted and applied consistent with 5
federal law and regulations. This section shall not be construed to 6
permit an employer to override or bypass work authorization 7
requirements stated in section 274a.2 of Title 8 of the Code of 8
Federal Regulations. 9
Sec. 8. RCW 43.101.095 and 2024 c 330 s 10 are each amended to 10
read as follows: 11
(1) As a condition of employment, all Washington peace officers 12
and corrections officers are required to obtain certification as a 13
peace officer or corrections officer or exemption therefrom and 14
maintain certification as required by this chapter and the rules of 15
the commission. 16
(2)(a) Any applicant who has been offered a conditional offer of 17
employment as a peace officer or reserve officer, offered a 18
conditional offer of employment as a corrections officer after July 19
1, 2021, or offered a conditional offer of employment as a limited 20
authority Washington peace officer who if hired would qualify as a 21
peace officer as defined by RCW 43.101.010 after July 1, 2023, must 22
submit to a background investigation to determine the applicant's 23
suitability for employment. This requirement applies to any person 24
whose certification has lapsed as a result of a break of more than 24 25
consecutive months in the officer's service for a reason other than 26
being recalled into military service. Employing agencies may only 27
make a conditional offer of employment pending completion of the 28
background check and shall verify in writing to the commission that 29
they have complied with all background check requirements prior to 30
making any nonconditional offer of employment. 31
(b) The background check must include: 32
(i) A check of criminal history, any national decertification 33
index, commission records, and all disciplinary records by any 34
previous law enforcement or correctional employer, including 35
complaints or investigations of misconduct and the reason for 36
separation from employment. Law enforcement or correctional agencies 37
that previously employed the applicant shall disclose employment 38
information within 30 days of receiving a written request from the 39
p. 5 SB 5068
employing agency conducting the background investigation, including 1
the reason for the officer's separation from the agency. Complaints 2
or investigations of misconduct must be disclosed regardless of the 3
result of the investigation or whether the complaint was unfounded;4
(ii) Inquiry to the local prosecuting authority in any 5
jurisdiction in which the applicant has served as to whether the 6
applicant is on any potential impeachment disclosure list;7
(iii) Inquiry into whether the applicant has any past or present 8
affiliations with extremist organizations, as defined by the 9
commission; 10
(iv) A review of the applicant's social media accounts;11
(v) Verification of immigrant or citizenship status as ((either)) 12
a ((citizen of the United States of America, lawful permanent 13
resident, or deferred action for childhood arrivals recipient )) 14
person who is legally authorized to work in the United States under 15
federal law.16
This section shall be interpreted and applied consistent with 17
federal law and regulations. This section shall not be construed to 18
permit an employer to override or bypass work authorization 19
requirements stated in section 274a.2 of Title 8 of the Code of 20
Federal Regulations; 21
(vi) A psychological examination administered by a psychiatrist 22
licensed in the state of Washington pursuant to chapter 18.71 RCW or 23
a psychologist licensed in the state of Washington pursuant to 24
chapter 18.83 RCW, in compliance with standards established in rules 25
of the commission; 26
(vii) A polygraph or similar assessment administered by an 27
experienced professional with appropriate training and in compliance 28
with standards established in rules of the commission; and29
(viii) Except as otherwise provided in this section, any test or 30
assessment to be administered as part of the background investigation 31
shall be administered in compliance with standards established in 32
rules of the commission. 33
(c) The commission may establish standards for the background 34
check requirements in this section and any other preemployment 35
background check requirement that may be imposed by an employing 36
agency or the commission. 37
(d) The employing law enforcement agency may require that each 38
person who is required to take a psychological examination and a 39
polygraph or similar test pay a portion of the testing fee based on 40
p. 6 SB 5068
the actual cost of the test or $400, whichever is less. Employing 1
agencies may establish a payment plan if they determine that the 2
person does not readily have the means to pay the testing fee.3
(3)(a) The commission shall allow a peace officer or corrections 4
officer to retain status as a certified peace officer or corrections 5
officer as long as the officer: (i) Timely meets the basic training 6
requirements, or is exempted therefrom, in whole or in part, under 7
RCW 43.101.200 or under rule of the commission; (ii) timely meets or 8
is exempted from any other requirements under this chapter as 9
administered under the rules adopted by the commission; (iii) is not 10
denied certification by the commission under this chapter; and (iv) 11
has not had certification suspended or revoked by the commission.12
(b) The commission shall certify peace officers who are limited 13
authority Washington peace officers employed on or before July 1, 14
2023. Thereafter, the commission may revoke certification pursuant to 15
this chapter. 16
(4) As a condition of certification, a peace officer or 17
corrections officer must, on a form devised or adopted by the 18
commission, authorize the release to the employing agency and 19
commission of the officer's personnel files, including disciplinary, 20
termination, civil or criminal investigation, or other records or 21
information that are directly related to a certification matter or 22
decertification matter before the commission. The peace officer or 23
corrections officer must also consent to and facilitate a review of 24
the officer's social media accounts, however, consistent with RCW 25
49.44.200, the officer is not required to provide login information. 26
The release of information may not be delayed, limited, or precluded 27
by any agreement or contract between the officer, or the officer's 28
union, and the entity responsible for the records or information.29
(5) The employing agency and commission are authorized to receive 30
criminal history record information that includes nonconviction data 31
for any purpose associated with employment or certification under 32
this chapter. Dissemination or use of nonconviction data for purposes 33
other than that authorized in this section is prohibited.34
(6) For a national criminal history records check, the commission 35
shall require fingerprints be submitted and searched through the 36
Washington state patrol identification and criminal history section. 37
The Washington state patrol shall forward the fingerprints to the 38
federal bureau of investigation. 39
p. 7 SB 5068
(7) Prior to certification, the employing agency shall certify to 1
the commission that the agency has completed the background check, no 2
information has been found that would disqualify the applicant from 3
certification, and the applicant is suitable for employment as a 4
peace officer or corrections officer. 5
Sec. 9. RCW 77.15.075 and 2024 c 330 s 8 are each amended to 6
read as follows: 7
(1) Fish and wildlife officers shall have and exercise, 8
throughout the state, such police powers and duties as are vested in 9
sheriffs and peace officers generally. Fish and wildlife officers are 10
general authority Washington peace officers. 11
(2) An applicant for a fish and wildlife officer position must be 12
a citizen of the United States of America ((, a lawful permanent 13
resident, or a deferred action for childhood arrivals recipient )) or 14
legally authorized to work in the United States under federal law . An 15
applicant for a fish and wildlife officer position must be able to 16
speak, read, and write the English language. Before a person may be 17
appointed to act as a fish and wildlife officer, the person shall 18
meet the minimum standards for employment with the department, 19
including successful completion of a psychological examination and 20
polygraph examination or similar assessment procedure administered in 21
accordance with the requirements of RCW 43.101.095(2).22
(3) Any liability or claim of liability under chapter 4.92 RCW 23
that arises out of the exercise or alleged exercise of authority by a 24
fish and wildlife officer rests with the department unless the fish 25
and wildlife officer acts under the direction and control of another 26
agency or unless the liability is otherwise assumed under an 27
agreement between the department and another agency.28
(4) The department may utilize the services of a volunteer 29
chaplain as provided under chapter 41.22 RCW. 30
--- END ---
p. 8 SB 5068