BILL REQ. #: Z-0401.3
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/14/11. Referred to Committee on State Government & Tribal Affairs.
AN ACT Relating to the Washington state office of civil rights; amending RCW 42.17.2401, 42.17A.705, 43.03.028, 43.17.010, 43.17.020, 39.19.020, 39.19.030, 39.19.060, 39.19.070, 39.19.075, 39.19.080, 39.19.120, 39.19.150, 39.19.170, 39.19.200, 39.19.240, 39.19.250, 39.10.220, 39.10.385, 39.10.450, 39.102.100, 43.63A.690, 49.60.010, 49.60.040, 49.60.100, 49.60.120, 49.60.150, 49.60.160, 49.60.170, 49.60.180, 49.60.226, 49.60.230, 49.60.240, 49.60.250, 49.60.260, 49.60.270, 49.60.310, 49.60.320, 49.60.340, 49.60.350, 49.60.360, 49.60.370, 2.56.031, 13.06.050, 28B.10.912, 28B.10.916, 28B.110.030, 28B.110.050, 34.12.037, 43.01.135, 43.43.340, 49.44.090, 49.74.010, 49.74.020, 49.74.030, 49.74.040, 43.60A.190, 43.60A.195, and 43.60A.200; reenacting and amending RCW 47.28.030, 43.86A.060, and 41.06.150; adding new sections to chapter 39.19 RCW; adding a new section to chapter 41.06 RCW; creating new sections; recodifying RCW 43.60A.190, 43.60A.195, and 43.60A.200; repealing RCW 39.19.010, 39.19.041, 39.19.140, 39.19.910, 39.19.920, 39.19.921, 41.06.082, 49.60.050, 49.60.051, 49.60.060, 49.60.070, 49.60.080, 49.60.090, 49.60.130, 49.60.390, 43.113.005, 43.113.010, 43.113.020, 43.113.030, 43.115.010, 43.115.020, 43.115.030, 43.115.040, 43.115.045, 43.115.060, 43.115.900, 43.117.010, 43.117.020, 43.117.030, 43.117.040, 43.117.050, 43.117.060, 43.117.070, 43.117.080, 43.117.090, 43.117.100, and 43.117.900; prescribing penalties; providing effective dates; providing expiration dates; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 101 The legislature declares that it is the
public policy of this state to ensure political, social, and economic
opportunity for all of its citizens. It is the intent of this act to
provide equal access for all to the privileges and opportunities
protected by the state. It is also the intent of this act to provide
fair, impartial, and independent processes to protect against
discrimination.
NEW SECTION. Sec. 102 A new section is added to chapter 39.19
RCW to read as follows:
(1) The office of civil rights is created as an executive branch
agency. The agency is vested with all powers and duties transferred to
it under this act and such other powers and duties as may be authorized
by law.
(2) Any powers, duties, and functions assigned to the human rights
commission, office of minority and women's business enterprises, the
commission on African-American affairs, commission on Asian Pacific
American affairs, and commission on Hispanic affairs shall be
transferred to the office of civil rights as set forth in this act.
(3) The primary duties of the office are:
(a) To exercise the police powers of the state in accordance with
chapter 49.60 RCW;
(b) To provide the maximum practicable opportunity for increased
participation of minority, women, and veteran-owned and controlled
businesses in participating in public works and the process by which
goods and services are procured by state agencies and educational
institutions from the private sector;
(c) To advise the governor, legislature, and other state agencies
on public policy that affects Washington citizens that, for economic,
social, cultural, and historical reasons, a disproportionate number
find themselves disadvantaged or isolated from the benefits of equal
opportunity.
NEW SECTION. Sec. 103 A new section is added to chapter 39.19
RCW to read as follows:
(1) The executive head and appointing authority of the office is
the director. The director shall be appointed by the governor, subject
to confirmation by the senate. The director shall serve at the
pleasure of the governor. The director shall be paid a salary fixed by
the governor in accordance with 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 at which time he or she shall present to that body his or
her nomination for the position.
(2) The director may appoint a deputy director and such assistant
directors and special assistants as may be needed to administer the
department, who shall be exempt from the provisions of chapter 41.06
RCW. In addition, the director may employ staff members, who shall be
exempt from chapter 41.06 RCW, necessary to administer this chapter,
chapter 49.60 RCW, and such other duties as may be authorized by law.
The director may delegate any power or duty vested in him or her by
this chapter or other law, including authority to make final decisions
and enter final orders in hearings conducted under chapter 34.05 RCW.
(3) The director may create such administrative structures as the
director considers appropriate, except as otherwise specified by law.
The director may employ such personnel as necessary for the general
administration of the office. This employment shall be in accordance
with the state civil service law, chapter 41.80 RCW, except as
otherwise provided.
NEW SECTION. Sec. 104 A new section is added to chapter 39.19
RCW to read as follows:
The director shall:
(1) Supervise and administer the activities of the office of civil
rights;
(2) Exercise all the powers and perform all the duties prescribed
by law with respect to the administration of chapter 49.60 RCW
including:
(a) To appoint such investigators, examiners, and other employees
as deemed necessary to carry out the duties of chapter 49.60 RCW;
(b) To adopt, amend, and rescind suitable rules to carry out the
provisions of chapter 49.60 RCW, and the policies and practices of the
office in connection therewith; and
(c) To receive, impartially investigate or contract for an
impartial investigation if a conflict of interest arises from the
complaint, and pass upon complaints alleging unfair practices as
defined in chapter 49.60 RCW;
(3) In addition to other powers and duties granted to the director,
have the following powers and duties:
(a) Enter into contracts on behalf of the state to carry out the
purposes of this chapter;
(b) Accept and expend gifts and grants that are related to the
purposes of this act, whether such grants be of federal or other funds;
(c) Apply for grants from public and private entities, and receive
and administer any grant funding received for the purpose and intent of
this act;
(d) Adopt rules in accordance with chapter 34.05 RCW and perform
all other functions necessary and proper to carry out the purposes of
this act;
(e) Delegate powers, duties, and functions as the director deems
necessary for efficient administration, but the director shall be
responsible for the official acts of the officers and employees of the
office; and
(f) Perform other duties as are necessary and consistent with law.
NEW SECTION. Sec. 105 A new section is added to chapter 41.06
RCW to read as follows:
In addition to the exemptions under RCW 41.06.070, the provisions
of this chapter shall not apply in the office of civil rights to the
director, the director's confidential secretary, and any other exempt
staff members provided for in section 103 of this act.
Sec. 106 RCW 42.17.2401 and 2009 c 565 s 24 are each amended to
read as follows:
For the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health plan, the
director of the department of services for the blind, the director of
the office of civil rights, the director of the state system of
community and technical colleges, the director of commerce, the
secretary of corrections, the director of early learning, the director
of ecology, the commissioner of employment security, the chair of the
energy facility site evaluation council, the secretary of the state
finance committee, the director of financial management, the director
of fish and wildlife, the executive secretary of the forest practices
appeals board, the director of the gambling commission, the director of
general administration, the secretary of health, the administrator of
the Washington state health care authority, the executive secretary of
the health care facilities authority, the executive secretary of the
higher education facilities authority, the executive secretary of the
horse racing commission, ((the executive secretary of the human rights
commission,)) the executive secretary of the indeterminate sentence
review board, the director of the department of information services,
the executive director of the state investment board, the director of
labor and industries, the director of licensing, the director of the
lottery commission, ((the director of the office of minority and
women's business enterprises,)) the director of parks and recreation,
the director of personnel, the executive director of the public
disclosure commission, the executive director of the Puget Sound
partnership, the director of the recreation and conservation office,
the director of retirement systems, the director of revenue, the
secretary of social and health services, the chief of the Washington
state patrol, the executive secretary of the board of tax appeals, the
secretary of transportation, the secretary of the utilities and
transportation commission, the director of veterans affairs, the
president of each of the regional and state universities and the
president of The Evergreen State College, and each district and each
campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of
trustees of each community college and each technical college, each
member of the state board for community and technical colleges, state
convention and trade center board of directors, committee for deferred
compensation, Eastern Washington University board of trustees,
Washington economic development finance authority, The Evergreen State
College board of trustees, executive ethics board, forest practices
appeals board, forest practices board, gambling commission, life
sciences discovery fund authority board of trustees, Washington health
care facilities authority, each member of the Washington health
services commission, higher education coordinating board, higher
education facilities authority, horse racing commission, state housing
finance commission, ((human rights commission,)) indeterminate sentence
review board, board of industrial insurance appeals, information
services board, recreation and conservation funding board, state
investment board, commission on judicial conduct, legislative ethics
board, liquor control board, lottery commission, marine oversight
board, Pacific Northwest electric power and conservation planning
council, parks and recreation commission, board of pilotage
commissioners, pollution control hearings board, public disclosure
commission, public pension commission, shorelines hearings board,
public employees' benefits board, salmon recovery funding board, board
of tax appeals, transportation commission, University of Washington
board of regents, utilities and transportation commission, Washington
state maritime commission, Washington personnel resources board,
Washington public power supply system executive board, Washington State
University board of regents, Western Washington University board of
trustees, and fish and wildlife commission.
Sec. 107 RCW 42.17A.705 and 2010 c 204 s 902 are each amended to
read as follows:
For the purposes of RCW 42.17A.700, "executive state officer"
includes:
(1) The chief administrative law judge, the director of
agriculture, the director of the department of services for the blind,
the director of the office of civil rights, the director of the state
system of community and technical colleges, the director of commerce,
the secretary of corrections, the director of early learning, the
director of ecology, the commissioner of employment security, the chair
of the energy facility site evaluation council, the secretary of the
state finance committee, the director of financial management, the
director of fish and wildlife, the executive secretary of the forest
practices appeals board, the director of the gambling commission, the
director of general administration, the secretary of health, the
administrator of the Washington state health care authority, the
executive secretary of the health care facilities authority, the
executive secretary of the higher education facilities authority, the
executive secretary of the horse racing commission, ((the executive
secretary of the human rights commission,)) the executive secretary of
the indeterminate sentence review board, the director of the department
of information services, the executive director of the state investment
board, the director of labor and industries, the director of licensing,
the director of the lottery commission, ((the director of the office of
minority and women's business enterprises,)) the director of parks and
recreation, the director of personnel, the executive director of the
public disclosure commission, the executive director of the Puget Sound
partnership, the director of the recreation and conservation office,
the director of retirement systems, the director of revenue, the
secretary of social and health services, the chief of the Washington
state patrol, the executive secretary of the board of tax appeals, the
secretary of transportation, the secretary of the utilities and
transportation commission, the director of veterans affairs, the
president of each of the regional and state universities and the
president of The Evergreen State College, and each district and each
campus president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, the boards of
trustees of each community college and each technical college, each
member of the state board for community and technical colleges, state
convention and trade center board of directors, Eastern Washington
University board of trustees, Washington economic development finance
authority, Washington energy northwest executive board, The Evergreen
State College board of trustees, executive ethics board, fish and
wildlife commission, forest practices appeals board, forest practices
board, gambling commission, Washington health care facilities
authority, higher education coordinating board, higher education
facilities authority, horse racing commission, state housing finance
commission, ((human rights commission,)) indeterminate sentence review
board, board of industrial insurance appeals, information services
board, state investment board, commission on judicial conduct,
legislative ethics board, life sciences discovery fund authority board
of trustees, liquor control board, lottery commission, Pacific
Northwest electric power and conservation planning council, parks and
recreation commission, Washington personnel resources board, board of
pilotage commissioners, pollution control hearings board, public
disclosure commission, public employees' benefits board, recreation and
conservation funding board, salmon recovery funding board, shorelines
hearings board, board of tax appeals, transportation commission,
University of Washington board of regents, utilities and transportation
commission, Washington State University board of regents, and Western
Washington University board of trustees.
Sec. 108 RCW 43.03.028 and 2010 1st sp.s. c 7 s 2 are each
amended to read as follows:
(1) The department of personnel shall study the duties and salaries
of the directors of the several departments and the members of the
several boards and commissions of state government, who are subject to
appointment by the governor or whose salaries are fixed by the
governor, and of the chief executive officers of the following agencies
of state government:
The arts commission; ((the human rights commission;)) the board of
accountancy; the board of pharmacy; the eastern Washington historical
society; the Washington state historical society; the recreation and
conservation office; the criminal justice training commission; the
department of personnel; the state library; the traffic safety
commission; the horse racing commission; the advisory council on
vocational education; the public disclosure commission; the state
conservation commission; ((the commission on Hispanic affairs; the
commission on Asian Pacific American affairs;)) the state board for
volunteer firefighters and reserve officers; the transportation
improvement board; the public employment relations commission; the
forest practices appeals board; and the energy facilities site
evaluation council.
(2) The department of personnel shall report to the governor or the
chairperson of the appropriate salary fixing authority at least once in
each fiscal biennium on such date as the governor may designate, but
not later than seventy-five days prior to the convening of each regular
session of the legislature during an odd-numbered year, its
recommendations for the salaries to be fixed for each position.
Sec. 109 RCW 43.17.010 and 2009 c 565 s 25 are each amended to
read as follows:
There shall be departments of the state government which shall be
known as (1) the department of social and health services, (2) the
department of ecology, (3) the department of labor and industries, (4)
the department of agriculture, (5) the department of fish and wildlife,
(6) the department of transportation, (7) the department of licensing,
(8) the department of general administration, (9) the department of
commerce, (10) the department of veterans affairs, (11) the department
of revenue, (12) the department of retirement systems, (13) the
department of corrections, (14) the department of health, (15) the
department of financial institutions, (16) the department of
archaeology and historic preservation, (17) the department of early
learning, ((and)) (18) the Puget Sound partnership, and (19) the office
of civil rights, which shall be charged with the execution,
enforcement, and administration of such laws, and invested with such
powers and required to perform such duties, as the legislature may
provide.
Sec. 110 RCW 43.17.020 and 2009 c 565 s 26 are each amended to
read as follows:
There shall be a chief executive officer of each department to be
known as: (1) The secretary of social and health services, (2) the
director of ecology, (3) the director of labor and industries, (4) the
director of agriculture, (5) the director of fish and wildlife, (6) the
secretary of transportation, (7) the director of licensing, (8) the
director of general administration, (9) the director of commerce, (10)
the director of veterans affairs, (11) the director of revenue, (12)
the director of retirement systems, (13) the secretary of corrections,
(14) the secretary of health, (15) the director of financial
institutions, (16) the director of the department of archaeology and
historic preservation, (17) the director of early learning, ((and))
(18) the executive director of the Puget Sound partnership, and (19)
the director of the office of civil rights.
Such officers, except the director of fish and wildlife, shall be
appointed by the governor, with the consent of the senate, and hold
office at the pleasure of the governor. The director of fish and
wildlife shall be appointed by the fish and wildlife commission as
prescribed by RCW 77.04.055.
Sec. 201 RCW 39.19.020 and 1996 c 69 s 4 are each amended to read
as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) (("Advisory committee" means the advisory committee on minority
and women's business enterprises.)) "Broker" means a person that provides a bona fide service,
such as professional, technical, consultant, brokerage, or managerial
services and assistance in the procurement of essential personnel,
facilities, equipment, materials, or supplies required for performance
of a contract.
(2)
(2) "Certified business" means a business that has been examined by
the office of civil rights and deemed to be a minority business
enterprise, a women's business enterprise, a minority woman's business
enterprise, a combination business enterprise, socially and
economically disadvantaged business enterprise, or a veteran-owned
business enterprise.
(3) "Combination business enterprise" means a small business
concern, organized for profit, performing a commercially useful
function, which is legitimately owned and controlled fifty percent by
one or more minority men or minority business enterprises certified by
the office and fifty percent legitimately owned and controlled by one
or more nonminority women or women's business enterprises certified by
the office. The owners must be United States citizens or lawful
permanent residents.
(4) "Director" means the director of the office of ((minority and
women's business enterprises)) civil rights.
(((4))) (5) "Educational institutions" means the state
universities, the regional universities, The Evergreen State College,
and the community colleges.
(((5))) (6) "Goals" means ((annual)) overall ((agency)) goals,
expressed as a percentage of dollar volume, for participation by
((minority and women-owned and controlled)) certified businesses and
shall not be construed as a minimum goal for any particular contract or
for any particular geographical area. It is the intent of this chapter
that such overall ((agency)) goals shall be achievable and shall be met
on a contract-by-contract or class-of-contract basis.
(((6))) (7) "Goods and/or services" includes professional services
and ((all other)) purchased goods and services.
(((7))) (8) "Minority business enterprise" means a small business
concern, organized for profit, performing a commercially useful
function, which is legitimately owned and controlled by one or more
minority individuals or minority business enterprises certified by the
office. The minority owners must be United States citizens or lawful
permanent residents.
(9) "Minority women's business enterprise" means a small business
concern, organized for profit, performing a commercially useful
function, which is legitimately owned and controlled by one or more
minority women and is certified by the office. The minority women
owners must be United States citizens or lawful permanent residents.
(10) "Office" means the office of ((minority and women's business
enterprises)) civil rights.
(((8))) (11) "Person" includes one or more individuals,
partnerships, associations, organizations, corporations, cooperatives,
legal representatives, trustees and receivers, or any group of persons.
(((9))) (12) "Personal services" means professional or technical
services provided by a consultant to accomplish a specific study,
project, task, or other work statement. A consultant is an objective
advisor who renders professional opinions, judgments, or
recommendations.
(13) "Plan" means the supplier diversity plan submitted by the
state agency or educational institution and approved by the office.
(14) "Procurement" means the purchase, lease, or rental of any
goods or services.
(((10))) (15) "Public works" means all work, construction, highway
and ferry construction, alteration, repair, or improvement other than
ordinary maintenance, which a state agency or educational institution
is authorized or required by law to undertake.
(((11))) (16) "Socially and economically disadvantaged business
enterprise" means a small business concern, organized for profit,
performing a commercially useful function, which is legitimately owned
and controlled by one or more socially and economically disadvantaged
individuals or socially and economically disadvantaged business
enterprises certified by the office. The socially and economically
disadvantaged owners must be United States citizens or lawful permanent
residents.
(17) "State agency" includes the state of Washington and all
agencies, departments, offices, divisions, boards, commissions, and
correctional and other types of institutions.
(18) "Veteran" means a person defined in RCW 41.04.007, or is
actively serving honorably as 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.
(19) "Veteran-owned business enterprise" means a business or the
status of a business that has been certified by the office.
(20) "Women business enterprise" means a small business concern,
organized for profit, performing a commercially useful function, which
is legitimately owned and controlled by one or more women or women's
business enterprises certified by the office. The women owners must be
United States citizens or lawful permanent residents.
Sec. 202 RCW 39.19.030 and 1996 c 69 s 5 are each amended to read
as follows:
((There is hereby created the office of minority and women's
business enterprises. The governor shall appoint a director for the
office, subject to confirmation by the senate. The director may employ
a deputy director and a confidential secretary, both of which shall be
exempt under chapter 41.06 RCW, and such staff as are necessary to
carry out the purposes of this chapter.))
The office shall ((consult with the minority and women's business
enterprises advisory committee to)):
(1) Develop, plan, and implement programs to provide an opportunity
for participation by ((qualified minority and women-owned and
controlled)) certified businesses in public works, personal services,
and the process by which goods and services are procured by state
agencies and educational institutions from the private sector;
(2) Develop a comprehensive plan insuring that ((qualified minority
and women-owned and controlled)) certified businesses are provided an
opportunity to participate in public contracts for public works,
personal services, and goods and services;
(3) Identify barriers to equal participation by ((qualified
minority and women-owned and controlled)) certified businesses in all
state agency and educational institution contracts;
(4) Establish ((annual)) overall goals for participation by
((qualified minority and women-owned and controlled)) certified
businesses for each state agency and educational institution to be
administered on a contract-by-contract basis or on a class-of-contracts
basis;
(5) Develop and maintain a central ((minority and women's business
enterprise certification)) list of certified businesses for all state
agencies and educational institutions((. No business is entitled to
certification under this chapter unless it meets the definition of
small business concern as established by the office. All applications
for certification under this chapter shall be sworn under oath)) and
make available to the public;
(6) Develop, implement, and operate a system of monitoring
compliance with this chapter;
(7) Adopt rules under chapter 34.05 RCW, the Administrative
Procedure Act, governing: (a) Establishment of agency goals; (b)
development and maintenance of a central ((minority and women's
business enterprise)) certification program, including a definition of
"small business concern" which shall be consistent with the small
business requirements defined under section 3 of the Small Business
Act, 15 U.S.C. Sec. 632, and its implementing regulations as guidance;
(c) procedures for monitoring and enforcing compliance with goals,
regulations, contract provisions, and this chapter; (d) utilization of
standard clauses by state agencies and educational institutions, as
specified in RCW 39.19.050; ((and)) (e) determination of an agency's or
educational institution's goal attainment consistent with the
limitations of RCW 39.19.075; and (f) administration of the linked
deposit program;
(8) Develop performance measures for the office and submit an
annual report to the governor and the legislature outlining the
progress in achieving the performance measures and in implementing this
chapter;
(9) Investigate complaints of violations of this chapter ((with the
assistance of the involved agency or educational institution)); and
(10) Cooperate and act jointly or by division of labor with the
United States or other states, and with political subdivisions of the
state of Washington and their respective minority, socially and
economically disadvantaged ((and)), women, veteran-owned, and small
business enterprise programs to carry out the purposes of this chapter.
However, the power which may be exercised by the office under this
subsection permits investigation and imposition of sanctions only if
the investigation relates to a possible violation of chapter 39.19 RCW,
and not to violation of local ordinances, rules, regulations, however
denominated, adopted by political subdivisions of the state.
Sec. 203 RCW 39.19.060 and 1996 c 288 s 28 are each amended to
read as follows:
Each state agency and educational institution shall comply with the
((annual)) goals established for that agency or institution under this
chapter for public works and procuring goods or services. This chapter
applies to all public works and procurement by state agencies and
educational institutions, including all contracts and other procurement
under chapters 28B.10, 39.04, 39.29, 43.19, and 47.28 RCW. Each state
agency shall adopt a plan, developed ((in consultation with the
director and the advisory committee,)) and approved by the office to
insure that ((minority and women-owned)) certified businesses are
afforded the maximum practicable opportunity to directly and
meaningfully participate in the execution of public contracts for
public works and goods and services. The plan shall include specific
measures the agency will undertake to increase the participation of
certified ((minority and women-owned)) businesses. The office shall
annually notify the governor, the state auditor, and the joint
legislative audit and review committee of all agencies and educational
institutions not in compliance with this chapter.
Sec. 204 RCW 39.19.070 and 1994 c 15 s 1 are each amended to read
as follows:
It is the intent of this chapter that the goals established under
this chapter for participation by ((minority and women-owned and
controlled)) certified businesses be achievable. If necessary to
accomplish this intent, contracts may be awarded to the next lowest
responsible bidder in turn, or all bids may be rejected and new bids
obtained, if the lowest responsible bidder does not meet the goals
established for a particular contract under this chapter. The dollar
value of the total contract used for the calculation of the specific
contract goal may be increased or decreased to reflect executed change
orders. An apparent low-bidder must be in compliance with the contract
provisions required under this chapter as a condition precedent to the
granting of a notice of award by any state agency or educational
institution.
Sec. 205 RCW 39.19.075 and 1996 c 69 s 6 are each amended to read
as follows:
For purposes of measuring an agency's or educational institution's
goal attainment, any regulations adopted under RCW 39.19.030(7)(e) must
provide that if a certified ((minority and women's)) business
enterprise is a broker of goods or materials required under a contract,
the contracting agency or educational institution may count only the
dollar value of the fee or commission charged and not the value of
goods or materials provided. The contracting agency or educational
institution may, at its discretion, fix the dollar value of the fee or
commission charged at either the actual dollar value of the fee or
commission charged or at a standard percentage of the total value of
the brokered goods, which percentage must reflect the fees or
commissions generally paid to brokers for providing such services.
Sec. 206 RCW 39.19.080 and 1987 c 328 s 5 are each amended to
read as follows:
(1) A person, firm, corporation, business, union, or other
organization shall not:
(a) Prevent or interfere with a contractor's or subcontractor's
compliance with this chapter, or any rule adopted under this chapter;
(b) Submit false or fraudulent information to the state concerning
compliance with this chapter or any such rule;
(c) Fraudulently obtain, retain, attempt to obtain or retain, or
aid another in fraudulently obtaining or retaining or attempting to
obtain or retain certification ((as a minority or women's business
enterprise)) for the purpose of this chapter;
(d) Knowingly make a false statement, whether by affidavit,
verified statement, report, or other representation, to a state
official or employee for the purpose of influencing the certification
or denial of certification ((of any entity as a minority or women's
business enterprise));
(e) Knowingly obstruct, impede, or attempt to obstruct or impede
any state official or employee who is investigating the qualification
of a business entity that has requested certification ((as a minority
or women's business enterprise));
(f) Fraudulently obtain, attempt to obtain, or aid another person
in fraudulently obtaining or attempting to obtain public moneys to
which the person is not entitled under this chapter; ((or))
(g) Knowingly make false statements that any entity is or is not a
certified ((as a minority or women's)) business enterprise for purposes
of obtaining a contract governed by this chapter; or
(h) Discriminate against or grant preferential treatment to any
certified business on the basis of race, sex, color, ethnicity, or
national origin in the operation of public contracting.
(2) An agency or educational institution shall not knowingly fail
to implement its plan, where such failure results in disparate impact
to a certified business.
(3) Any person, agency, educational institution, or entity
violating this chapter or any rule adopted under this chapter shall be
subject to the penalties in RCW 39.19.090. Nothing in this section
prevents the state agency or educational institution from pursuing such
procedures or sanctions as are otherwise provided by statute, rule, or
contract provision.
Sec. 207 RCW 39.19.120 and 1987 c 328 s 7 are each amended to
read as follows:
(1) The office shall be the sole authority to perform certification
of minority business enterprises, socially and economically
disadvantaged business enterprises, ((and)) women's business
enterprises, and veteran-owned business enterprises throughout the
state of Washington. Certification by the ((state)) office will allow
these firms to participate in programs for these enterprises
administered by the state of Washington, any city, town, county,
special purpose district, public corporation created by the state,
municipal corporation, or quasi-municipal corporation within the state
of Washington.
(2) This statewide certification process will prevent duplication
of effort, achieve efficiency, and permit local jurisdictions to
further develop, implement, and/or enhance comprehensive systems of
monitoring and compliance for contracts issued by their agencies.
(3) The office may enter into agreements with other certification
and registration authorities to implement the requirements of this
section.
Sec. 208 RCW 39.19.150 and 1987 c 328 s 10 are each amended to
read as follows:
(1) Any city, county, town, special purpose district, public
corporation created by the state, municipal corporation, or quasi-municipal corporation having reason to believe that a particular
((minority and women's)) certified business enterprise should not have
been certified under RCW 39.19.140 may petition the office for
reconsideration. The basis for the petition may be one or more of the
following:
(a) The office's rules or regulations were improperly applied; or
(b) Material facts relating to the ((minority and women's))
certified business enterprise's certification application to the office
are untrue.
(2) The petitioner shall carry the burden of persuasion. The
affected ((minority or women's)) certified business enterprise shall
receive notice of the petition and an opportunity to respond.
(3) After reviewing the information presented in support of and in
opposition to the petition, the office shall issue a written decision,
granting or denying the petition. If the office grants the petition,
it may revoke, suspend, or refuse to renew the certification or impose
sanctions under this chapter as appropriate.
(4) The office's decision on a petition is administratively final
and the rights of appeal set out in the office regulations shall apply.
A certification shall remain in effect while a petition is pending.
Sec. 209 RCW 39.19.170 and 1993 c 512 s 10 are each amended to
read as follows:
(1) State agencies shall not require a performance bond for any
public works project that does not exceed ((twenty-five)) one hundred
thousand dollars awarded to a ((prequalified and)) certified ((minority
or woman-owned)) business that has been prequalified as provided under
subsection (2) of this section.
(2) A limited prequalification questionnaire shall be required
assuring:
(a) That the bidder has adequate financial resources or the ability
to secure such resources;
(b) That the bidder can meet the performance schedule;
(c) That the bidder is experienced in the type of work to be
performed; and
(d) That all equipment to be used is adequate and functioning and
that all equipment operators are qualified to operate such equipment.
Sec. 210 RCW 39.19.200 and 1993 c 195 s 1 are each amended to
read as follows:
The ((minority and women's)) office of civil right's certified
business ((enterprises)) account is created in the custody of the state
treasurer. All receipts from RCW 39.19.210, 39.19.220, and 39.19.230
shall be deposited in the account. Expenditures from the account may
be used only for the purposes defraying all or part of the costs of the
office in administering this chapter. Only the director or the
director's designee may authorize expenditures from the account.
Moneys in the account may be spent only after appropriation.
Sec. 211 RCW 39.19.240 and 2005 c 302 s 5 are each amended to
read as follows:
(1) The office shall, in consultation with the state treasurer
((and the department of community, trade, and economic development)),
compile information on minority, women, and ((women's)) veteran-owned
business enterprises that have received financial assistance through a
qualified public depositary under the provisions of RCW 43.86A.060.
The information shall include, but is not limited to:
(a) Name of the qualified public depositary;
(b) Geographic location of the minority, women, or ((women's))
veteran-owned business enterprise;
(c) Name of the minority, women, or ((women's)) veteran-owned
business enterprise;
(d) Date of last certification by the office and certification
number;
(e) Type of business;
(f) Amount and term of the loan to the minority, women, or
((women's)) veteran-owned business enterprise; and
(g) Other information the office deems necessary for the
implementation of this section.
(2) The office shall notify the state treasurer of minority ((or
women's)), women, and veteran-owned business enterprises that are no
longer certified under the provisions of this chapter. The written
notification shall contain information regarding the reason for the
decertification and information on financing provided to the minority
or women's business enterprise under RCW 43.86A.060.
(3) The office shall, in consultation with the state treasurer
((and the department of community, trade, and economic development,))
monitor the performance of loans made to minority and women-owned
business enterprises under RCW 43.86A.060.
Sec. 212 RCW 39.19.250 and 2009 c 348 s 2 are each amended to
read as follows:
(1) For the purpose of annual reporting on progress required by
section 1 of this act, each state agency and educational institution
shall submit data to the office and the office of ((minority and
women's business enterprises)) financial management on the
participation by qualified minority and women-owned and controlled
businesses in the agency's or institution's contracts and other related
information requested by the director. The director of the office ((of
minority and women's business enterprises)) shall determine the content
and format of the data and the reporting schedule, which must be at
least annually.
(2) ((The office must develop and maintain a list of contact people
at each state agency and educational institution that is able to
present to hearings of the appropriate committees of the legislature
its progress in carrying out the purposes of chapter 39.19 RCW.)) The office must submit a report aggregating the data received
from each state agency and educational institution to the legislature
and the governor.
(3)
Sec. 213 RCW 47.28.030 and 2010 c 283 s 9 and 2010 c 5 s 11 are
each reenacted and amended to read as follows:
(1)(a) A state highway shall be constructed, altered, repaired, or
improved, and improvements located on property acquired for
right-of-way purposes may be repaired or renovated pending the use of
such right-of-way for highway purposes, by contract or state forces.
The work or portions thereof may be done by state forces when the
estimated costs thereof are less than fifty thousand dollars and
effective July 1, 2005, sixty thousand dollars.
(b) When delay of performance of such work would jeopardize a state
highway or constitute a danger to the traveling public, the work may be
done by state forces when the estimated cost thereof is less than
eighty thousand dollars and effective July 1, 2005, one hundred
thousand dollars.
(c) When the department of transportation determines to do the work
by state forces, it shall enter a statement upon its records to that
effect, stating the reasons therefor.
(d) To enable a larger number of small businesses and veteran,
minority, and women contractors to effectively compete for department
of transportation contracts, the department may adopt rules providing
for bids and award of contracts for the performance of work, or
furnishing equipment, materials, supplies, or operating services
whenever any work is to be performed and the engineer's estimate
indicates the cost of the work would not exceed eighty thousand dollars
and effective July 1, 2005, one hundred thousand dollars.
(2) The rules adopted under this section:
(a) Shall provide for competitive bids to the extent that
competitive sources are available except when delay of performance
would jeopardize life or property or inconvenience the traveling
public; and
(b) Need not require the furnishing of a bid deposit nor a
performance bond, but if a performance bond is not required then
progress payments to the contractor may be required to be made based on
submittal of paid invoices to substantiate proof that disbursements
have been made to laborers, material suppliers, mechanics, and
subcontractors from the previous partial payment; and
(c) May establish prequalification standards and procedures as an
alternative to those set forth in RCW 47.28.070, but the
prequalification standards and procedures under RCW 47.28.070 shall
always be sufficient.
(3) The department of transportation shall comply with such goals
and rules as may be adopted by the office of ((minority and women's
business enterprises)) civil rights to implement chapter 39.19 RCW with
respect to contracts entered into under this chapter. The department
may adopt such rules as may be necessary to comply with the rules
adopted by the office of ((minority and women's business enterprises))
civil rights under chapter 39.19 RCW.
(4)(a) For the period of March 15, 2010, through June 30, 2011,
work for less than one hundred twenty thousand dollars may be performed
on ferry vessels and terminals by state forces.
(b) The department shall hire a disinterested, third party to
conduct an independent analysis to identify methods of reducing out-of-service times for vessel maintenance, preservation, and improvement
projects. The analysis must include options that consider
consolidating work while vessels are at shipyards by having state
forces perform services traditionally performed at Eagle Harbor at the
shipyard and decreasing the allowable time at shipyards. The analysis
must also compare the out-of-service vessel times of performing
services by state forces versus contracting out those services which in
turn must be used to form a recommendation as to what the threshold of
work performed on ferry vessels and terminals by state forces should
be. This analysis must be presented to the transportation committees
of the senate and house of representatives by December 1, 2010.
(c) The department shall develop a proposed ferry vessel
maintenance, preservation, and improvement program and present it to
the transportation committees of the senate and house of
representatives by December 1, 2010. The proposed program must:
(i) Improve the basis for budgeting vessel maintenance,
preservation, and improvement costs and for projecting those costs into
a sixteen-year financial plan;
(ii) Limit the amount of planned out-of-service time to the
greatest extent possible, including options associated with department
staff as well as commercial shipyards; and
(iii) Be based on the service plan in the capital plan, recognizing
that vessel preservation and improvement needs may vary by route.
(d) In developing the proposed ferry vessel maintenance,
preservation, and improvement program, the department shall consider
the following, related to reducing vessel out-of-service time:
(i) The costs compared to benefits of Eagle Harbor repair and
maintenance facility operations options to include staffing costs and
benefits in terms of reduced out-of-service time;
(ii) The maintenance requirements for on-vessel staff, including
the benefits of a systemwide standard;
(iii) The costs compared to benefits of staff performing
preservation or maintenance work, or both, while the vessel is
underway, tied up between sailings, or not deployed;
(iv) A review of the department's vessel maintenance, preservation,
and improvement program contracting process and contractual
requirements;
(v) The costs compared to benefits of allowing for increased costs
associated with expedited delivery;
(vi) A method for comparing the anticipated out-of-service time of
proposed projects and other projects planned during the same
construction period;
(vii) Coordination with required United States coast guard dry
dockings;
(viii) A method for comparing how proposed projects relate to the
service requirements of the route on which the vessel normally
operates; and
(ix) A method for evaluating the ongoing maintenance and
preservation costs associated with proposed improvement projects.
Sec. 214 RCW 39.10.220 and 2007 c 494 s 102 are each amended to
read as follows:
(1) The board is created in the department of general
administration to provide an evaluation of public capital projects
construction processes, including the impact of contracting methods on
project outcomes, and to advise the legislature on policies related to
public works delivery methods.
(2)(a) The board shall consist of the following members appointed
by the governor: Two representatives from construction general
contracting; one representative from the architectural profession; one
representative from the engineering profession; two representatives
from construction specialty subcontracting; two representatives from
construction trades labor organizations; one representative from the
office of ((minority and women's business enterprises)) civil rights;
one representative from a higher education institution; one
representative from the department of general administration; two
representatives from private industry; and one representative of a
domestic insurer authorized to write surety bonds for contractors in
Washington state. All appointed members must be knowledgeable about
public works contracting procedures.
(b) Three members shall be positions representing different local
public owners, selected by the association of Washington cities, the
Washington state association of counties, and the Washington public
ports association, respectively.
(c) One member shall be a representative from the public hospital
districts, selected by the association of Washington public hospital
districts.
(d) One member shall be a representative from school districts,
selected by the Washington state school directors' association.
(e) The board shall include two members of the house of
representatives, one from each major caucus, appointed by the speaker
of the house of representatives, and two members of the senate, one
from each major caucus, appointed by the president of the senate.
Legislative members are nonvoting.
(3) Members selected under subsection (2)(a) of this section shall
serve for terms of four years, with the terms expiring on June 30th on
the fourth year of the term.
(4) The board chair is selected from among the appointed members by
the majority vote of the voting members.
(5) Legislative members of the board shall be reimbursed for travel
expenses in accordance with RCW 44.04.120. Nonlegislative members of
the board, project review committee members, and subcommittee chairs
shall be reimbursed for travel expenses as provided in RCW 43.03.050
and 43.03.060.
(6) If a vacancy occurs of the appointive members of the board, the
governor shall fill the vacancy for the unexpired term. Members of the
board may be removed for malfeasance or misfeasance in office, upon
specific written charges by the governor, under chapter 34.05 RCW.
(7) The board shall meet as often as necessary.
(8) Board members are expected to consistently attend board
meetings. The chair of the board may ask the governor to remove any
member who misses more than two meetings in any calendar year without
cause.
(9) The department of general administration shall provide staff
support as may be required for the proper discharge of the function of
the board.
(10) The board may establish subcommittees as it desires and may
invite nonmembers of the board to serve as committee members.
(11) The board shall encourage participation from persons and
entities not represented on the board.
Sec. 215 RCW 39.10.385 and 2010 c 163 s 1 are each amended to
read as follows:
As an alternative to the subcontractor selection process outlined
in RCW 39.10.380, a general contractor/construction manager may, with
the approval of the public body, select a mechanical subcontractor, an
electrical subcontractor, or both, using the process outlined in this
section. This alternative selection process may only be used when the
anticipated value of the subcontract will exceed three million dollars.
When using the alternative selection process, the general
contractor/construction manager should select the subcontractor early
in the life of the public works project.
(1) In order to use this alternative selection process, the general
contractor/construction manager and the public body must determine that
it is in the best interest of the public. In making this determination
the general contractor/construction manager and the public body must:
(a) Publish a notice of intent to use this alternative selection
process in a legal newspaper published in or as near as possible to
that part of the county where the public work will be constructed.
Notice must be published at least fourteen calendar days before
conducting a public hearing. The notice must include the date, time,
and location of the hearing; a statement justifying the basis and need
for the alternative selection process; and how interested parties may,
prior to the hearing, obtain the evaluation criteria and applicable
weight given to each criteria that will be used for evaluation;
(b) Conduct a hearing and provide an opportunity for any interested
party to submit written and verbal comments regarding the justification
for using this selection process, the evaluation criteria, and weights
for each criteria;
(c) After the public hearing, consider the written and verbal
comments received and determine if using this alternative selection
process is in the best interests of the public; and
(d) Issue a written final determination to all interested parties.
All protests of the decision to use the alternative selection process
must be in writing and submitted to the public body within seven
calendar days of the final determination. Any modifications to the
criteria and weights based on comments received during the public
hearing process must be included in the final determination.
(2) Contracts for the services of a subcontractor under this
section must be awarded through a competitive process requiring a
public solicitation of proposals. Notice of the public solicitation of
proposals must be provided to the office of ((minority and women's
business enterprises)) civil rights. The public solicitation of
proposals must include:
(a) A description of the project, including programmatic,
performance, and technical requirements and specifications when
available;
(b) The reasons for using the alternative selection process;
(c) A description of the minimum qualifications required of the
firm;
(d) A description of the process used to evaluate qualifications
and proposals, including evaluation factors and the relative weight of
factors;
(e) The form of the contract, including any contract for
preconstruction services, to be awarded;
(f) The estimated maximum allowable subcontract cost; and
(g) The bid instructions to be used by the finalists.
(3) Evaluation factors for selection of the subcontractor must
include, but not be limited to:
(a) Ability of the firm's professional personnel;
(b) The firm's past performance on similar projects;
(c) The firm's ability to meet time and budget requirements;
(d) The scope of work the firm proposes to perform with its own
forces and its ability to perform that work;
(e) The firm's plan for outreach to minority and women-owned
businesses;
(f) The firm's proximity to the project location;
(g) The firm's capacity to successfully complete the project;
(h) The firm's approach to executing the project;
(i) The firm's approach to safety on the project;
(j) The firm's safety history; and
(k) If the firm is selected as one of the most qualified finalists,
the firm's fee and cost proposal.
(4) The general contractor/construction manager shall establish a
committee to evaluate the proposals. At least one representative from
the public body shall serve on the committee. Final proposals,
including sealed bids for the percent fee on the estimated maximum
allowable subcontract cost, and the fixed amount for the subcontract
general conditions work specified in the request for proposal, will be
requested from the most qualified firms. The general
contractor/construction manager and the public body shall select the
firm submitting the highest scored final proposal using the evaluation
factors and the relative weight of factors identified in the
solicitation of proposals. The scoring of the nonprice factors must be
made available at the opening of the fee and cost proposals. The
general contractor/construction manager may not evaluate or disqualify
a proposal based on the terms of a collective bargaining agreement.
(5) If the general contractor/construction manager is unable to
negotiate a satisfactory maximum allowable subcontract cost with the
firm selected deemed by public body and the general
contractor/construction manager to be fair, reasonable, and within the
available funds, negotiations with that firm must be formally
terminated and the general contractor/construction manager may
negotiate with the next highest scored firm until an agreement is
reached or the process is terminated.
(6) If the general contractor/construction manager receives a
written protest from a bidder, it may not execute a contract for the
subject work with anyone other than the protesting bidder, without
first providing at least two full business days' written notice to all
bidders of the intent to execute a contract for the subcontract bid
package. The protesting bidder must submit written notice to the
general contractor/construction manager of its protest no later than
two full business days following the bid opening.
(7) With the approval of the public body, the general
contractor/construction manager may contract with the selected firm to
provide services during the design phase that may include life-cycle
cost design considerations, value engineering, scheduling, cost
estimating, constructability, alternative construction options for cost
savings, and sequencing of work; and to act as the mechanical or
electrical subcontractor during the construction phase.
(8) The maximum allowable subcontract cost must be used to
establish a total subcontract cost for purposes of a performance and
payment bond. Total subcontract cost means the fixed amount for the
detailed specified general conditions work, the negotiated maximum
allowable subcontract cost, and the percent fee on the negotiated
maximum allowable subcontract cost. Maximum allowable subcontract cost
means the maximum cost to complete the work specified for the
subcontract, including the estimated cost of work to be performed by
the subcontractor's own forces, a percentage for risk contingency,
negotiated support services, and approved change orders. The maximum
allowable subcontract cost must be negotiated between the general
contractor/construction manager and the selected firm when the
construction documents and specifications are at least ninety percent
complete. Final agreement on the maximum allowable subcontract cost is
subject to the approval of the public body.
(9) If the work of the mechanical contractor or electrical
contractor is completed for less than the maximum allowable subcontract
cost, any savings not otherwise negotiated as part of an incentive
clause becomes part of the risk contingency included in the general
contractor/construction manager's maximum allowable construction cost.
If the work of the mechanical contractor or the electrical contractor
is completed for more than the maximum allowable subcontract cost, the
additional cost is the responsibility of that subcontractor. An
independent audit, paid for by the public body, must be conducted upon
completion of the contract to confirm the proper accrual of costs as
outlined in the contract.
(10) A mechanical or electrical contractor selected under this
section may perform work with its own forces. In the event it elects
to subcontract some of its work, it must select a subcontractor
utilizing the procedure outlined in RCW 39.10.380.
Sec. 216 RCW 39.10.450 and 2007 c 494 s 404 are each amended to
read as follows:
(1) The maximum dollar amount for a work order is three hundred
fifty thousand dollars. For each job order contract, public bodies
shall not issue more than two work orders equal to or greater than
three hundred thousand dollars in a twelve-month contract period.
(2) All work orders issued for the same project shall be treated as
a single work order for purposes of the dollar limit on work orders.
(3) No more than twenty percent of the dollar value of a work order
may consist of items of work not contained in the unit price book.
(4) Any new permanent, enclosed building space constructed under a
work order shall not exceed two thousand gross square feet.
(5) A public body may issue no work orders under a job order
contract until it has approved, in consultation with the office of
((minority and women's business enterprises)) civil rights or the
equivalent local agency, a plan prepared by the job order contractor
that equitably spreads certified women, veteran-owned, and minority
business enterprise subcontracting opportunities, to the extent
permitted by the Washington state civil rights act, RCW 49.60.400,
among the various subcontract disciplines.
(6) For purposes of chapters 39.08, 39.12, 39.76, and 60.28 RCW,
each work order issued shall be treated as a separate contract. The
alternate filing provisions of RCW 39.12.040(2) apply to each work
order that otherwise meets the eligibility requirements of RCW
39.12.040(2).
(7) The job order contract shall not be used for the procurement of
architectural or engineering services not associated with specific work
orders. Architectural and engineering services shall be procured in
accordance with RCW 39.80.040.
Sec. 217 RCW 39.102.100 and 2006 c 181 s 208 are each amended to
read as follows:
Prior to adopting the ordinance ((creating)) adopting the revenue
development area and to meet the requirements of RCW
39.102.150(1)(((b)))(a)(ii), a sponsoring local government and any
cosponsoring local government must provide public notice.
(1) Notice of the public hearing must be published in a legal
newspaper of general circulation within the proposed revenue
development area at least ten days before the public hearing and posted
in at least six conspicuous public places located in the proposed
revenue development area.
(2) Notice must also be sent by United States mail to the property
owners, all identifiable community-based organizations with involvement
in the proposed revenue development area, and the business enterprises
located within the proposed revenue development area at least thirty
days prior to the hearing. In implementing provisions under this
chapter, the local governing body may also consult with community-based
groups, business organizations, including the local chamber of
commerce, and the office of ((minority and women's business
enterprises)) civil rights to assist with providing appropriate notice
to business enterprises and property owners for whom English is a
second language.
(3) Notices must describe the contemplated public improvements,
estimate the public improvement costs, describe the portion of the
public improvement costs to be borne by local infrastructure financing,
describe any other sources of revenue to finance the public
improvements, describe the boundaries of the proposed revenue
development area, estimate the impact that the public improvements will
have on small businesses and low-income housing, and estimate the
period during which local infrastructure financing is contemplated to
be used.
(4) Notices must inform the public where to obtain the information
that shows how the limitations, conditions, and findings required in
RCW 39.102.060 through 39.102.080 are met.
(5) The sponsoring local government and any cosponsoring local
government shall deliver a certified copy of the proposed ordinance to
the county treasurer, the governing body of each participating local
government and participating taxing district within which the revenue
development area is located, the board, and the department.
Sec. 218 RCW 43.63A.690 and 2005 c 302 s 6 are each amended to
read as follows:
(1) The department shall provide technical assistance and loan
packaging services that enable minority, veteran-owned, and women-owned
business enterprises to obtain financing under the linked deposit
program created under RCW 43.86A.060.
(2) The department, in consultation with the office of ((minority
and women's business enterprises)) civil rights, shall develop
indicators to measure the performance of the linked deposit program in
the areas of job creation or retention and providing access to capital
to minority, veteran-owned, or women's business enterprises.
Sec. 219 RCW 43.86A.060 and 2009 c 385 s 3 and 2009 c 384 s 1 are
each reenacted and amended to read as follows:
(1) The state treasurer shall establish a linked deposit program
for investment of deposits in qualified public depositaries. As a
condition of participating in the program, qualified public
depositaries must make qualifying loans as provided in this section.
The state treasurer may purchase a certificate of deposit that is equal
to the amount of the qualifying loan made by the qualified public
depositary or may purchase a certificate of deposit that is equal to
the aggregate amount of two or more qualifying loans made by one or
more qualified public depositaries.
(2) Qualifying loans made under this section are those:
(a) Having terms that do not exceed ten years;
(b) Where an individual loan does not exceed one million dollars;
(c)(i) That are made to a minority, veteran-owned, or women's
business enterprise that has received state certification under chapter
39.19 RCW; or
(ii) ((That are made to a veteran-owned business that has received
state certification under RCW 43.60A.190; or)) That are made to a community development financial
institution that is: (A) Certified by the United States department of
the treasury pursuant to 12 U.S.C. Sec. 4701 et seq.; and (B) using
that loan to make qualifying loans under (c)(i) of this subsection;
(iii)
(d) Where the interest rate on the loan to the minority ((or)),
women's ((business enterprise)), or veteran-owned business does not
exceed an interest rate that is two hundred basis points below the
interest rate the qualified public depositary would charge for a loan
for a similar purpose and a similar term, except that, if the
preference given by the state treasurer to the qualified public
depositary under subsection (3) of this section is less than two
hundred basis points, the qualified public depositary may reduce the
preference given on the loan by an amount that corresponds to the
reduction in preference below two hundred basis points given to the
qualified public depositary; and
(e) Where the points or fees charged at loan closing do not exceed
one percent of the loan amount.
(3) In setting interest rates of time certificate of deposits, the
state treasurer shall offer rates so that a two hundred basis point
preference will be given to the qualified public depositary, except
that the treasurer may lower the amount of the preference to ensure
that the effective interest rate on the deposit is not less than zero
percent.
(4) Upon notification by the state treasurer that a minority,
veteran-owned, or women's business enterprise is no longer certified
under chapter 39.19 RCW ((or that a veteran-owned business is no longer
certified under RCW 43.60A.190)), the qualified public depositary shall
reduce the amount of qualifying loans by the outstanding balance of the
loan made under this section to the minority ((or)), women's ((business
enterprise)), or the veteran-owned business, as applicable.
(5) The office of ((minority and women's business enterprises))
civil rights has the authority to adopt rules to:
(a) Ensure that when making a qualified loan under the linked
deposit program, businesses that have never received a loan under the
linked deposit program are given first priority;
(b) Limit the total principal loan amount that any one business
receives in qualified loans under the linked deposit program over the
lifetime of the businesses;
(c) Limit the total principal loan amount that an owner of one or
more businesses receives in qualified loans under the linked deposit
program during the owner's lifetime;
(d) Limit the total amount of any one qualified loan made under the
linked deposit program; and
(e) Ensure that loans made by community development financial
institutions are qualifying loans under subsection (2)(c)(i) of this
section.
NEW SECTION. Sec. 220 The following acts or parts of acts are
each repealed:
(1) RCW 39.19.010 (Intent) and 1987 c 328 s 1 & 1983 c 120 s 1;
(2) RCW 39.19.041 (Ad hoc advisory committees) and 1995 c 269 s
1302;
(3) RCW 39.19.140 (Implementation of statewide certification) and
1987 c 328 s 9;
(4) RCW 39.19.910 (Effective date -- Applicability -- 1983 c 120) and
1983 c 120 s 21;
(5) RCW 39.19.920 (Severability -- Conflict with federal
requirements -- 1983 c 120) and 1983 c 120 s 18;
(6) RCW 39.19.921 (Severability -- 1987 c 328) and 1987 c 328 s 17;
and
(7) RCW 41.06.082 (Office of minority and women's business
enterprises -- Certain personnel exempted from chapter) and 1983 c 120 s
14.
Sec. 301 RCW 49.60.010 and 2007 c 187 s 1 are each amended to
read as follows:
This chapter shall be known as the "law against discrimination."
It is an exercise of the police power of the state for the protection
of the public welfare, health, and peace of the people of this state,
and in fulfillment of the provisions of the Constitution of this state
concerning civil rights. The legislature hereby finds and declares
that practices of discrimination against any of its inhabitants because
of race, creed, color, national origin, families with children, sex,
marital status, sexual orientation, age, honorably discharged veteran
or military status, or the presence of any sensory, mental, or physical
disability or the use of a trained dog guide or service animal by a
person with a disability are a matter of state concern, that such
discrimination threatens not only the rights and proper privileges of
its inhabitants but menaces the institutions and foundation of a free
democratic state. The office of civil rights, a state agency is
((herein)) created in this act with powers with respect to elimination
and prevention of discrimination in employment, in credit and insurance
transactions, in places of public resort, accommodation, or amusement,
and in real property transactions because of race, creed, color,
national origin, families with children, sex, marital status, sexual
orientation, age, honorably discharged veteran or military status, or
the presence of any sensory, mental, or physical disability or the use
of a trained dog guide or service animal by a person with a disability;
and the ((commission established hereunder)) office of civil rights is
hereby given general jurisdiction and power for such purposes.
Sec. 302 RCW 49.60.040 and 2009 c 187 s 3 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Aggrieved person" means any person who: (a) Claims to have
been injured by an unfair practice in a real estate transaction; or (b)
believes that he or she will be injured by an unfair practice in a real
estate transaction that is about to occur.
(2) "Any place of public resort, accommodation, assemblage, or
amusement" includes, but is not limited to, any place, licensed or
unlicensed, kept for gain, hire, or reward, or where charges are made
for admission, service, occupancy, or use of any property or
facilities, whether conducted for the entertainment, housing, or
lodging of transient guests, or for the benefit, use, or accommodation
of those seeking health, recreation, or rest, or for the burial or
other disposition of human remains, or for the sale of goods,
merchandise, services, or personal property, or for the rendering of
personal services, or for public conveyance or transportation on land,
water, or in the air, including the stations and terminals thereof and
the garaging of vehicles, or where food or beverages of any kind are
sold for consumption on the premises, or where public amusement,
entertainment, sports, or recreation of any kind is offered with or
without charge, or where medical service or care is made available, or
where the public gathers, congregates, or assembles for amusement,
recreation, or public purposes, or public halls, public elevators, and
public washrooms of buildings and structures occupied by two or more
tenants, or by the owner and one or more tenants, or any public library
or educational institution, or schools of special instruction, or
nursery schools, or day care centers or children's camps: PROVIDED,
That nothing contained in this definition shall be construed to include
or apply to any institute, bona fide club, or place of accommodation,
which is by its nature distinctly private, including fraternal
organizations, though where public use is permitted that use shall be
covered by this chapter; nor shall anything contained in this
definition apply to any educational facility, columbarium, crematory,
mausoleum, or cemetery operated or maintained by a bona fide religious
or sectarian institution.
(3) (("Commission" means the Washington state human rights
commission.)) "Complainant" means the person who files a complaint in a
real estate transaction.
(4)
(((5))) (4) "Covered multifamily dwelling" means: (a) Buildings
consisting of four or more dwelling units if such buildings have one or
more elevators; and (b) ground floor dwelling units in other buildings
consisting of four or more dwelling units.
(((6))) (5) "Credit transaction" includes any open or closed end
credit transaction, whether in the nature of a loan, retail installment
transaction, credit card issue or charge, or otherwise, and whether for
personal or for business purposes, in which a service, finance, or
interest charge is imposed, or which provides for repayment in
scheduled payments, when such credit is extended in the regular course
of any trade or commerce, including but not limited to transactions by
banks, savings and loan associations or other financial lending
institutions of whatever nature, stock brokers, or by a merchant or
mercantile establishment which as part of its ordinary business permits
or provides that payment for purchases of property or service therefrom
may be deferred.
(((7))) (6) "Director" means the director of the office of civil
rights.
(7)(a) "Disability" means the presence of a sensory, mental, or
physical impairment that:
(i) Is medically cognizable or diagnosable; or
(ii) Exists as a record or history; or
(iii) Is perceived to exist whether or not it exists in fact.
(b) A disability exists whether it is temporary or permanent,
common or uncommon, mitigated or unmitigated, or whether or not it
limits the ability to work generally or work at a particular job or
whether or not it limits any other activity within the scope of this
chapter.
(c) For purposes of this definition, "impairment" includes, but is
not limited to:
(i) Any physiological disorder, or condition, cosmetic
disfigurement, or anatomical loss affecting one or more of the
following body systems: Neurological, musculoskeletal, special sense
organs, respiratory, including speech organs, cardiovascular,
reproductive, digestive, genitor-urinary, hemic and lymphatic, skin,
and endocrine; or
(ii) Any mental, developmental, traumatic, or psychological
disorder, including but not limited to cognitive limitation, organic
brain syndrome, emotional or mental illness, and specific learning
disabilities.
(d) Only for the purposes of qualifying for reasonable
accommodation in employment, an impairment must be known or shown
through an interactive process to exist in fact and:
(i) The impairment must have a substantially limiting effect upon
the individual's ability to perform his or her job, the individual's
ability to apply or be considered for a job, or the individual's access
to equal benefits, privileges, or terms or conditions of employment; or
(ii) The employee must have put the employer on notice of the
existence of an impairment, and medical documentation must establish a
reasonable likelihood that engaging in job functions without an
accommodation would aggravate the impairment to the extent that it
would create a substantially limiting effect.
(e) For purposes of (d) of this subsection, a limitation is not
substantial if it has only a trivial effect.
(8) "Dog guide" means a dog that is trained for the purpose of
guiding blind persons or a dog that is trained for the purpose of
assisting hearing impaired persons.
(9) "Dwelling" means any building, structure, or portion thereof
that is occupied as, or designed or intended for occupancy as, a
residence by one or more families, and any vacant land that is offered
for sale or lease for the construction or location thereon of any such
building, structure, or portion thereof.
(10) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or in the domestic service of any
person.
(11) "Employer" includes any person acting in the interest of an
employer, directly or indirectly, who employs eight or more persons,
and does not include any religious or sectarian organization not
organized for private profit.
(12) "Employment agency" includes any person undertaking with or
without compensation to recruit, procure, refer, or place employees for
an employer.
(13) "Families with children status" means one or more individuals
who have not attained the age of eighteen years being domiciled with a
parent or another person having legal custody of such individual or
individuals, or with the designee of such parent or other person having
such legal custody, with the written permission of such parent or other
person. Families with children status also applies to any person who
is pregnant or is in the process of securing legal custody of any
individual who has not attained the age of eighteen years.
(14) "Full enjoyment of" includes the right to purchase any
service, commodity, or article of personal property offered or sold on,
or by, any establishment to the public, and the admission of any person
to accommodations, advantages, facilities, or privileges of any place
of public resort, accommodation, assemblage, or amusement, without acts
directly or indirectly causing persons of any particular race, creed,
color, sex, sexual orientation, national origin, or with any sensory,
mental, or physical disability, or the use of a trained dog guide or
service animal by a person with a disability, to be treated as not
welcome, accepted, desired, or solicited.
(15) "Honorably discharged veteran or military status" means a
person who is:
(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.
(16) "Labor organization" includes any organization which exists
for the purpose, in whole or in part, of dealing with employers
concerning grievances or terms or conditions of employment, or for
other mutual aid or protection in connection with employment.
(17) "Marital status" means the legal status of being married,
single, separated, divorced, or widowed.
(18) "National origin" includes "ancestry."
(19) "Office" means the Washington state office of civil rights
created in section 102 of this act.
(20) "Person" includes one or more individuals, partnerships,
associations, organizations, corporations, cooperatives, legal
representatives, trustees and receivers, or any group of persons; it
includes any owner, lessee, proprietor, manager, agent, or employee,
whether one or more natural persons; and further includes any political
or civil subdivisions of the state and any agency or instrumentality of
the state or of any political or civil subdivision thereof.
(((20))) (21) "Premises" means the interior or exterior spaces,
parts, components, or elements of a building, including individual
dwelling units and the public and common use areas of a building.
(((21))) (22) "Real estate transaction" includes the sale,
appraisal, brokering, exchange, purchase, rental, or lease of real
property, transacting or applying for a real estate loan, or the
provision of brokerage services.
(((22))) (23) "Real property" includes buildings, structures,
dwellings, real estate, lands, tenements, leaseholds, interests in real
estate cooperatives, condominiums, and hereditaments, corporeal and
incorporeal, or any interest therein.
(((23))) (24) "Respondent" means any person accused in a complaint
or amended complaint of an unfair practice in a real estate
transaction.
(((24))) (25) "Service animal" means an animal that is trained for
the purpose of assisting or accommodating a sensory, mental, or
physical disability of a person with a disability.
(((25))) (26) "Sex" means gender.
(((26))) (27) "Sexual orientation" means heterosexuality,
homosexuality, bisexuality, and gender expression or identity. As used
in this definition, "gender expression or identity" means having or
being perceived as having a gender identity, self-image, appearance,
behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that
traditionally associated with the sex assigned to that person at birth.
Sec. 303 RCW 49.60.100 and 1987 c 505 s 55 are each amended to
read as follows:
Subject to RCW 40.07.040, the ((commission,)) office each biennium,
shall report to the governor, describing the investigations,
proceedings, and hearings it has conducted and their outcome, the
decisions it has rendered, the recommendations it has issued, and the
other work performed by it, and shall make such recommendations for
further legislation as may appear desirable. The ((commission)) office
may present its reports to the legislature; the ((commission's))
office's reports shall be made available upon request.
Sec. 304 RCW 49.60.120 and 2007 c 187 s 5 are each amended to
read as follows:
The ((commission)) office shall have the functions, powers, and
duties:
(1) ((To appoint an executive director and chief examiner, and such
investigators, examiners, clerks, and other employees and agents as it
may deem necessary, fix their compensation within the limitations
provided by law, and prescribe their duties.)) To obtain upon request and utilize the services of all
governmental departments and agencies.
(2)
(((3) To adopt, amend, and rescind suitable rules to carry out the
provisions of this chapter, and the policies and practices of the
commission in connection therewith.)) (2) To issue such publications and results of investigations
and research as in its judgment will tend to ((
(4) To receive, impartially investigate, and pass upon complaints
alleging unfair practices as defined in this chapter.
(5)promote good will and))
minimize or eliminate discrimination because of sex, sexual
orientation, race, creed, color, national origin, marital status, age,
honorably discharged veteran or military status, or the presence of any
sensory, mental, or physical disability, or the use of a trained dog
guide or service animal by a person with a disability.
(((6))) (3) To make such technical studies as are appropriate to
effectuate the purposes and policies of this chapter and to publish and
distribute the reports of such studies.
(((7))) (4) To cooperate and act jointly or by division of labor
with the United States or other states, with other Washington state
agencies, commissions, and other government entities, and with
political subdivisions of the state of Washington and their respective
human rights agencies to carry out the purposes of this chapter.
However, the powers which may be exercised by the ((commission)) office
under this subsection permit investigations and complaint dispositions
only if the investigations are designed to reveal, or the complaint
deals only with, allegations which, if proven, would constitute unfair
practices under this chapter. The ((commission)) office may perform
such services for these agencies and be reimbursed therefor.
(((8) To foster good relations between minority and majority
population groups of the state through seminars, conferences,
educational programs, and other intergroup relations activities.))
Sec. 305 RCW 49.60.150 and 1985 c 185 s 13 are each amended to
read as follows:
No person shall be excused from attending and testifying or from
producing records, correspondence, documents or other evidence in
obedience to the subpoena of the ((commission or of any individual
member)) office, on the ground that the testimony or evidence required
of the person may tend to incriminate or subject the person to a
penalty or forfeiture, but no person shall be prosecuted or subjected
to any penalty or forfeiture for or on account of any transaction,
matter or thing concerning which the person is compelled, after having
claimed the privilege against self-incrimination, to testify or produce
evidence, except that such person so testifying shall not be exempt
from prosecution and punishment for perjury committed in so testifying.
The immunity herein provided shall extend only to natural persons so
compelled to testify.
Sec. 306 RCW 49.60.160 and 1985 c 185 s 14 are each amended to
read as follows:
In case of contumacy or refusal to obey a subpoena issued to any
person, the superior court of any county within the jurisdiction of
which the investigation, proceeding, or hearing is carried on or within
the jurisdiction of which the person guilty of contumacy or refusal to
obey is found or resides or transacts business, upon application by the
((commission)) office shall have jurisdiction to issue to such person
an order requiring such person to appear before the ((commission, its
member)) director or director's designee, agent, or agency, there to
produce evidence if so ordered, or there to give testimony touching the
matter under investigation or in question. Any failure to obey such
order of the court may be punished by the court as a contempt thereof.
Sec. 307 RCW 49.60.170 and 1985 c 185 s 15 are each amended to
read as follows:
Witnesses before the ((commission, its member)) office, agent, or
agency, shall be paid the same fees and mileage that are paid witnesses
in the courts of this state. Witnesses whose depositions are taken and
the person taking the same shall be entitled to same fees as are paid
for like services in the courts of the state.
Sec. 308 RCW 49.60.180 and 2007 c 187 s 9 are each amended to
read as follows:
It is an unfair practice for any employer:
(1) To refuse to hire any person because of age, sex, marital
status, sexual orientation, race, creed, color, national origin,
honorably discharged veteran or military status, or the presence of any
sensory, mental, or physical disability or the use of a trained dog
guide or service animal by a person with a disability, unless based
upon a bona fide occupational qualification: PROVIDED, That the
prohibition against discrimination because of such disability shall not
apply if the particular disability prevents the proper performance of
the particular worker involved: PROVIDED, That this section shall not
be construed to require an employer to establish employment goals or
quotas based on sexual orientation.
(2) To discharge or bar any person from employment because of age,
sex, marital status, sexual orientation, race, creed, color, national
origin, honorably discharged veteran or military status, or the
presence of any sensory, mental, or physical disability or the use of
a trained dog guide or service animal by a person with a disability.
(3) To discriminate against any person in compensation or in other
terms or conditions of employment because of age, sex, marital status,
sexual orientation, race, creed, color, national origin, honorably
discharged veteran or military status, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide or
service animal by a person with a disability: PROVIDED, That it shall
not be an unfair practice for an employer to segregate washrooms or
locker facilities on the basis of sex, or to base other terms and
conditions of employment on the sex of employees where the
((commission)) office by regulation or ruling in a particular instance
has found the employment practice to be appropriate for the practical
realization of equality of opportunity between the sexes.
(4) To print, or circulate, or cause to be printed or circulated
any statement, advertisement, or publication, or to use any form of
application for employment, or to make any inquiry in connection with
prospective employment, which expresses any limitation, specification,
or discrimination as to age, sex, marital status, sexual orientation,
race, creed, color, national origin, honorably discharged veteran or
military status, or the presence of any sensory, mental, or physical
disability or the use of a trained dog guide or service animal by a
person with a disability, or any intent to make any such limitation,
specification, or discrimination, unless based upon a bona fide
occupational qualification: PROVIDED, Nothing contained herein shall
prohibit advertising in a foreign language.
Sec. 309 RCW 49.60.226 and 1985 c 185 s 20 are each amended to
read as follows:
The ((commission)) office and units of local government
administering ordinances with provisions similar to the real estate
provisions of the law against discrimination are authorized and
directed to enter into cooperative agreements or arrangements for
receiving and processing complaints so that duplication of functions
shall be minimized and multiple hearings avoided. No complainant may
secure relief from more than one instrumentality of state, or local
government, nor shall any relief be granted by any state or local
instrumentality if relief has been granted or proceedings are
continuing in any federal agency, court, or instrumentality, unless
such proceedings have been deferred pending state action.
Sec. 310 RCW 49.60.230 and 2008 c 266 s 7 are each amended to
read as follows:
(1) Who may file a complaint:
(a) Any person claiming to be aggrieved by an alleged unfair
practice may, personally or by his or her attorney, make, sign, and
file with the ((commission)) office a complaint in writing under oath
or by declaration. The complaint shall state the name of the person
alleged to have committed the unfair practice and the particulars
thereof, and contain such other information as may be required by the
((commission)) office.
(b) Whenever it has reason to believe that any person has been
engaged or is engaging in an unfair practice, the ((commission))
director may issue a complaint.
(c) Any employer or principal whose employees, or agents, or any of
them, refuse or threaten to refuse to comply with the provisions of
this chapter may file with the commission a written complaint under
oath or by declaration asking for assistance by conciliation or other
remedial action.
(2) Any complaint filed pursuant to this section must be so filed
within six months after the alleged act of discrimination except that
complaints alleging an unfair practice in a real estate transaction
pursuant to RCW 49.60.222 through 49.60.225 must be so filed within one
year after the alleged unfair practice in a real estate transaction has
occurred or terminated and a complaint alleging whistleblower
retaliation must be filed within two years.
Sec. 311 RCW 49.60.240 and 2010 c 85 s 1 are each amended to read
as follows:
(1)(a) Except as provided for in (c) of this subsection, after the
filing of any complaint, the ((chairperson of the commission)) director
shall refer it to the appropriate ((section of the commission's)) staff
for prompt review and evaluation of the complaint. If the facts as
stated in the complaint do not constitute an unfair practice under this
chapter, a finding of no reasonable cause may be made without further
investigation. If the facts as stated could constitute an unfair
practice under this chapter, a full investigation and ascertainment of
the facts shall be conducted.
(b) If the complainant has limitations related to language
proficiency or cognitive or other disability, as part of the review and
evaluation under (a) of this subsection, the ((commission's)) staff
must contact the complainant directly and make appropriate inquiry of
the complainant as to the facts of the complaint.
(c) After the filing of a complaint alleging an unfair practice in
a real estate transaction pursuant to RCW 49.60.222 through 49.60.225,
the ((chairperson of the commission)) director shall refer it to the
appropriate ((section of the commission's)) staff for prompt
investigation and ascertainment of the facts alleged in the complaint.
(2) The investigation shall be limited to the alleged facts
contained in the complaint. The results of the investigation shall be
reduced to written findings of fact, and a finding shall be made that
there is or that there is not reasonable cause for believing that an
unfair practice has been or is being committed. A copy of the findings
shall be provided to the complainant and to the person named in such
complaint, hereinafter referred to as the respondent.
(3) If the finding is made that there is reasonable cause for
believing that an unfair practice has been or is being committed, the
((commission's)) staff shall immediately endeavor to eliminate the
unfair practice by conference, conciliation, and persuasion.
If an agreement is reached for the elimination of such unfair
practice as a result of such conference, conciliation, and persuasion,
the agreement shall be reduced to writing and signed by the respondent,
and an order shall be entered by the ((commission)) director setting
forth the terms of said agreement. No order shall be entered by the
((commission)) director at this stage of the proceedings except upon
such written agreement, except that during the period beginning with
the filing of complaints alleging an unfair practice with respect to
real estate transactions pursuant to RCW 49.60.222 through 49.60.225,
and ending with the filing of a finding of reasonable cause or a
dismissal by the ((commission)) director, the ((commission)) staff
shall, to the extent feasible, engage in conciliation with respect to
such complaint. Any conciliation agreement arising out of conciliation
efforts by the ((commission)) office shall be an agreement between the
respondent and the complainant and shall be subject to the approval of
the ((commission)) director. Each conciliation agreement shall be made
public unless the complainant and respondent otherwise agree and the
((commission)) director determines that disclosure is not required to
further the purposes of this chapter.
If no such agreement can be reached, a finding to that effect shall
be made and reduced to writing, with a copy thereof provided to the
complainant and the respondent.
(4) The ((commission)) director may adopt rules, including
procedural time requirements, for processing complaints alleging an
unfair practice with respect to real estate transactions pursuant to
RCW 49.60.222 through 49.60.225 and which may be consistent with the
federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et
seq.), but which in no case shall exceed or be more restrictive than
the requirements or standards of such act.
Sec. 312 RCW 49.60.250 and 2008 c 266 s 8 are each amended to
read as follows:
(1) In case of failure to reach an agreement for the elimination of
such unfair practice, and upon the entry of findings to that effect,
the entire file, including the complaint and any and all findings made,
shall be certified to the ((chairperson of the commission)) office.
The ((chairperson of the commission)) director shall thereupon request
the appointment of an administrative law judge under Title 34 RCW to
hear the complaint and shall cause to be issued and served in the name
of the ((commission)) office a written notice, together with a copy of
the complaint, as the same may have been amended, requiring the
respondent to answer the charges of the complaint at a hearing before
the administrative law judge, at a time and place to be specified in
such notice.
(2) The place of any such hearing may be the office ((of the
commission)) or another place designated by it. The case in support of
the complaint shall be presented at the hearing by counsel for the
((commission)) office: PROVIDED, That the complainant may retain
independent counsel and submit testimony and be fully heard. No member
or employee of the ((commission)) office who previously made the
investigation or caused the notice to be issued shall participate in
the hearing except as a witness, nor shall the member or employee
participate in the deliberations of the administrative law judge in
such case. Any endeavors or negotiations for conciliation shall not be
received in evidence.
(3) The respondent shall file a written answer to the complaint and
appear at the hearing in person or otherwise, with or without counsel,
and submit testimony and be fully heard. The respondent has the right
to cross-examine the complainant.
(4) The administrative law judge conducting any hearing may permit
reasonable amendment to any complaint or answer. Testimony taken at
the hearing shall be under oath and recorded.
(5) If, upon all the evidence, the administrative law judge finds
that the respondent has engaged in any unfair practice, the
administrative law judge shall state findings of fact and shall issue
and file with the ((commission)) director and cause to be served on
such respondent an order requiring such respondent to cease and desist
from such unfair practice and to take such affirmative action,
including, (but not limited to) hiring, reinstatement or upgrading of
employees, with or without back pay, an admission or restoration to
full membership rights in any respondent organization, or to take such
other action as, in the judgment of the administrative law judge, will
effectuate the purposes of this chapter, including action that could be
ordered by a court, except that damages for humiliation and mental
suffering shall not exceed twenty thousand dollars, and including a
requirement for report of the matter on compliance. Relief available
for violations of RCW 49.60.222 through 49.60.224 shall be limited to
the relief specified in RCW 49.60.225.
(6) If a determination is made that retaliatory action, as defined
in RCW 42.40.050, has been taken against a whistleblower, as defined in
RCW 42.40.020, the administrative law judge may, in addition to any
other remedy, require restoration of benefits, back pay, and any
increases in compensation that would have occurred, with interest;
impose a civil penalty upon the retaliator of up to five thousand
dollars; and issue an order to the state employer to suspend the
retaliator for up to thirty days without pay. At a minimum, the
administrative law judge shall require that a letter of reprimand be
placed in the retaliator's personnel file. No agency shall issue any
nondisclosure order or policy, execute any nondisclosure agreement, or
spend any funds requiring information that is public under the public
records act, chapter 42.56 RCW, be kept confidential; except that
nothing in this section shall affect any state or federal law requiring
information be kept confidential. All penalties recovered shall be
paid into the state treasury and credited to the general fund.
(7) The final order of the administrative law judge shall include
a notice to the parties of the right to obtain judicial review of the
order by appeal in accordance with the provisions of RCW 34.05.510
through 34.05.598, and that such appeal must be served and filed within
thirty days after the service of the order on the parties.
(8) If, upon all the evidence, the administrative law judge finds
that the respondent has not engaged in any alleged unfair practice, the
administrative law judge shall state findings of fact and shall
similarly issue and file an order dismissing the complaint.
(9) An order dismissing a complaint may include an award of
reasonable attorneys' fees in favor of the respondent if the
administrative law judge concludes that the complaint was frivolous,
unreasonable, or groundless.
(10) The ((commission)) director shall establish rules of practice
to govern, expedite, and effectuate the foregoing procedure.
(11) Instead of filing with the ((commission,)) director a
complainant may pursue arbitration conducted by the American
arbitration association or another arbitrator mutually agreed by the
parties, with the cost of arbitration shared equally by the complainant
and the respondent.
Sec. 313 RCW 49.60.260 and 1995 c 259 s 6 are each amended to
read as follows:
(1) The ((commission)) office or any person entitled to relief of
a final order may petition the court within the county wherein any
unfair practice occurred or wherein any person charged with an unfair
practice resides or transacts business for the enforcement of any final
order which is not complied with and is issued by the ((commission))
director or an administrative law judge under the provisions of this
chapter and for appropriate temporary relief or a restraining order,
and shall certify and file in court the final order sought to be
enforced. Within five days after filing such petition in court, the
commission or any person entitled to relief of a final order shall
cause a notice of the petition to be sent by certified mail to all
parties or their representatives.
(2) If within sixty days after the date the administrative law
judge's order concerning an unfair practice in a real estate
transaction is entered, no petition has been filed under subsection (1)
of this section and the commission has not sought enforcement of the
final order under this section, any person entitled to relief under the
final order may petition for a decree enforcing the order in the
superior courts of the state of Washington for the county in which the
unfair practice in a real estate transaction under RCW 49.60.222
through 49.60.224 is alleged to have occurred.
(3) From the time the petition is filed, the court shall have
jurisdiction of the proceedings and of the questions determined
thereon, and shall have the power to grant such temporary relief or
restraining order as it deems just and suitable.
(4) If the petition shows that there is a final order issued by the
((commission)) director or administrative law judge under RCW 49.60.240
or 49.60.250 and that the order has not been complied with in whole or
in part, the court shall issue an order directing the person who is
alleged to have not complied with the administrative order to appear in
court at a time designated in the order, not less than ten days from
the date thereof, and show cause why the administrative order should
not be enforced according to the terms. The ((commission)) office or
any person entitled to relief of any final order shall immediately
serve the noncomplying party with a copy of the court order and the
petition.
(5) The administrative order shall be enforced by the court if the
person does not appear, or if the person appears and the court finds
that:
(a) The order is regular on its face;
(b) The order has not been complied with; and
(c) The person's answer discloses no valid reason why the order
should not be enforced, or that the reason given in the person's answer
could have been raised by review under RCW 34.05.510 through 34.05.598,
and the person has given no valid excuse for failing to use that
remedy.
(6) The jurisdiction of the court shall be exclusive and its
judgment and decree shall be final, except that the same shall be
subject to appellate review by the supreme court or the court of
appeals, on appeal, by either party, irrespective of the nature of the
decree or judgment. The review shall be taken and prosecuted in the
same manner and form and with the same effect as is provided in other
cases.
Sec. 314 RCW 49.60.270 and 1985 c 185 s 25 are each amended to
read as follows:
Any respondent or complainant, including the ((commission)) office,
aggrieved by a final order of an administrative law judge may obtain
judicial review of such order as provided under the administrative
procedure act, chapter 34.05 RCW. From the time a petition for review
is filed, the court has jurisdiction to grant to any party such
temporary relief or restraining order as it deems just and suitable.
If the court affirms the order, it shall enter a judgment and decree
enforcing the order as affirmed.
Sec. 315 RCW 49.60.310 and 1985 c 185 s 26 are each amended to
read as follows:
Any person who ((wilfully)) willfully resists, prevents, impedes,
or interferes with the ((commission)) office or any of its ((members or
representatives)) employees in the performance of duty under this
chapter, or who ((wilfully)) willfully violates an order of the
((commission)) director, is guilty of a misdemeanor; but procedure for
the review of the order shall not be deemed to be such ((wilful))
willful conduct.
Sec. 316 RCW 49.60.320 and 1985 c 185 s 27 are each amended to
read as follows:
In any case in which the ((commission)) director shall issue an
order against any political or civil subdivision of the state, or any
agency, or instrumentality of the state or of the foregoing, or any
officer or employee thereof, the ((commission)) director shall transmit
a copy of such order to the governor of the state. The governor shall
take such action to secure compliance with such order as the governor
deems necessary.
Sec. 317 RCW 49.60.340 and 1993 c 69 s 13 are each amended to
read as follows:
(1) Any complainant on whose behalf the reasonable cause finding
was made, a respondent, or an aggrieved person may, with respect to
real estate transactions pursuant to RCW 49.60.222 through 49.60.225,
elect to have the claims on which reasonable cause was found decided in
a civil action under RCW 49.60.030(2) in lieu of a hearing under RCW
49.60.250. This election must be made not later than twenty days after
the service of the reasonable cause finding. The person making such
election shall give notice of doing so to the commission and to all
other complainants and respondents to whom the charge relates. Any
reasonable cause finding issued by the commission pursuant to the
procedures contained in this chapter shall become final twenty days
after service of the reasonable cause finding unless a written notice
of election is received by the ((commission)) office within the twenty-day period.
(2) If an election is made under subsection (1) of this section,
the ((commission)) director shall authorize not later than thirty days
after the election is made, and the attorney general shall commence, a
civil action on behalf of the aggrieved person in a superior court of
the state of Washington seeking relief under this section.
(3) Any aggrieved person with respect to the issues to be deter-
mined in a civil action under this section may intervene as of right in
that civil action.
(4) In a civil action under this section, if the court finds that
an unfair practice in a real estate transaction has occurred or is
about to occur, the court may grant any relief that a court could grant
with respect to such an unfair practice in a real estate transaction in
a civil action under RCW 49.60.030(2). If monetary relief is sought
for the benefit of an aggrieved person who does not intervene in the
civil action, the court shall not award such relief if that aggrieved
person has not complied with discovery orders entered by the court.
(5) In any administrative proceeding under this section where the
respondent is the prevailing party, a complainant who intervenes by
filing a notice of independent appearance may be liable for reasonable
attorneys' fees and costs only to the extent that the intervening
participation in the administrative proceeding was frivolous or
vexatious, or was for the purpose of harassment.
(6) In any administrative proceeding brought under RCW 49.60.225 or
any court proceeding arising therefrom, or any civil action under this
section, the administrative law judge or the court in its discretion
may allow the prevailing party, other than the ((commission)) office,
reasonable attorneys' fees and costs.
Sec. 318 RCW 49.60.350 and 1993 c 69 s 2 are each amended to read
as follows:
(1) The superior courts of the state of Washington shall have
jurisdiction upon petition of the ((commission)) office, through the
attorney general, to seek appropriate temporary or preliminary relief
to enjoin any unfair practice in violation of RCW 49.60.222 through
49.60.225, from which prompt judicial action is necessary to carry out
the purposes of this chapter.
(2) The commencement of a civil action under this section does not
preclude the initiation or continuation of administrative proceedings
under this chapter.
Sec. 319 RCW 49.60.360 and 1994 c 262 s 17 are each amended to
read as follows:
(1) Every person, firm, partnership, association, trustee, or
corporation which operates a gasoline service station, or other
facility which offers gasoline or other motor vehicle fuel for sale to
the public from such a facility, shall provide, upon request, refueling
service to disabled drivers, unaccompanied by passengers capable of
safely providing refueling service, of vehicles which display a
disabled person's license plate or placard issued by the department of
licensing. The price charged for the motor vehicle fuel in such a case
shall be no greater than that which the facility otherwise would charge
the public generally to purchase motor vehicle fuel without refueling
service. This section does not require a facility to provide disabled
drivers with services, including but not limited to checking oil or
cleaning windshields, other than refueling services.
(2) This section does not apply to:
(a) Exclusive self-service gas stations which have remotely
controlled gas pumps and which never provide pump island service; and
(b) Convenience stores which sell gasoline, which have remotely
controlled gas pumps and which never provide pump island service.
(3) Any person who, as a responsible managing individual setting
service policy of a station or facility or as an employee acting
independently against set service policy, acts in violation of this
section is guilty of a misdemeanor. This subsection shall be enforced
by the prosecuting attorney.
(4) The ((human rights commission)) office shall, upon the filing
of a verified written complaint by any person, investigate the actions
of any person, firm, partnership, association, trustee, or corporation
alleged to have violated this section. The complaint shall be in the
form prescribed by the ((commission)) director. The ((commission))
director may, upon ((its)) his or her own motion, issue complaints and
conduct investigations of alleged violations of this section.
RCW 49.60.240 through 49.60.280 shall apply to complaints under
this section.
(5) In addition to those matters referred pursuant to subsection
(3) of this section, the prosecuting attorney may investigate and
prosecute alleged violations of this section.
(6) Any person who intentionally displays a license plate or
placard which is invalid, or which was not lawfully issued to that
person, for the purpose of obtaining refueling service under subsection
(1) of this section shall be subject to a civil fine of one hundred
dollars for each such violation.
(7) A notice setting forth the provisions of this section shall be
provided by the department of licensing to every person, firm,
partnership, association, trustee, or corporation which operates a
gasoline service station, or other facility which offers gasoline or
other motor vehicle fuel for sale to the public from such a facility.
(8) A notice setting forth the provisions of this section shall be
provided by the department of licensing to every person who is issued
a disabled person's license plate or placard.
(9) For the purposes of this section, "refueling service" means the
service of pumping motor vehicle fuel into the fuel tank of a motor
vehicle.
(10) Nothing in this section limits or restricts the rights or
remedies provided under chapter 49.60 RCW.
Sec. 320 RCW 49.60.370 and 1997 c 271 s 23 are each amended to
read as follows:
(1) A person who negligently or maliciously kills or injures a dog
guide or service animal is liable for a penalty of one thousand
dollars, to be paid to the user of the animal. The penalty shall be in
addition to and not in lieu of any other remedies or penalties, civil
or criminal, provided by law.
(2) A user or owner of a dog guide or service animal, whose animal
is negligently or maliciously injured or killed, is entitled to recover
reasonable attorneys' fees and costs incurred in pursuing any civil
remedy.
(3) The ((commission)) office has no duty to investigate any
negligent or malicious acts referred to under this section.
NEW SECTION. Sec. 321 (1) The office of civil rights has the
power and duty to investigate and resolve complaints filed under
chapters 39.19 and 49.60 RCW. The process and procedures in each
chapter differ from each other in many respects. In addition, the
process and procedures may not represent the best practices for the
agency or the public.
(2) The office shall review the investigation and hearing process
and procedures used in accordance with chapters 39.19 and 49.60 RCW and
develop recommendations to the governor as to what procedures should be
required for investigations and hearings to accomplish the purpose of
each chapter and mission of the agency. The office shall review the
procedures used in other civil rights agencies in this state and in
other states. The office shall seek input from stakeholders and
interested parties. The office shall submit a report to the office of
financial management by October 30, 2011. The report shall include any
draft legislation needed to accomplish the report's recommendations.
Sec. 322 RCW 2.56.031 and 2010 1st sp.s. c 7 s 61 are each
amended to read as follows:
The administrator for the courts shall develop a plan to improve
the collection and reporting of information on juvenile offenders by
all juvenile courts in the state. The information related to juvenile
offenders shall include, but is not limited to, social, demographic,
education, and economic data on juvenile offenders and where possible,
their families. Development and implementation of the plan shall be
accomplished in consultation with the ((human rights commission))
office of civil rights, superior court judges, juvenile justice
administrators, and interested juvenile justice practitioners and
researchers. The plan shall include a schedule and budget for
implementation and shall be provided to the office of financial
management by September 15, 1993.
Sec. 323 RCW 13.06.050 and 1993 c 415 s 7 are each amended to
read as follows:
No county shall be entitled to receive any state funds provided by
this chapter until its application and plan are approved, and unless
and until the minimum standards prescribed by the department of social
and health services are complied with and then only on such terms as
are set forth in this section. In addition, any county making
application for state funds under this chapter that also operates a
juvenile detention facility must have standards of operations in place
that include: Intake and admissions, medical and health care,
communication, correspondence, visiting and telephone use, security and
control, sanitation and hygiene, juvenile rights, rules and discipline,
property, juvenile records, safety and emergency procedures,
programming, release and transfer, training and staff development, and
food service.
(1) The distribution of funds to a county or a group of counties
shall be based on criteria including but not limited to the county's
per capita income, regional or county at-risk populations, juvenile
crime or arrest rates, rates of poverty, size of racial minority
populations, existing programs, and the effectiveness and efficiency of
consolidating local programs towards reducing commitments to state
correctional facilities for offenders whose standard range disposition
does not include commitment of the offender to the department and
reducing reliance on other traditional departmental services.
(2) The secretary will reimburse a county upon presentation and
approval of a valid claim pursuant to the provisions of this chapter
based on actual performance in meeting the terms and conditions of the
approved plan and contract. Funds received by participating counties
under this chapter shall not be used to replace local funds for
existing programs.
(3) The secretary, in conjunction with the ((human rights
commission)) office of civil rights, shall evaluate the effectiveness
of programs funded under this chapter in reducing racial
disproportionality. The secretary shall investigate whether
implementation of such programs has reduced disproportionality in
counties with initially high levels of disproportionality. The
analysis shall indicate which programs are cost-effective in reducing
disproportionality in such areas as alternatives to detention, intake
and risk assessment standards pursuant to RCW 13.40.038, alternatives
to incarceration, and in the prosecution and adjudication of juveniles.
The secretary shall report his or her findings to the legislature by
December 1, 1994, and December 1 of each year thereafter.
Sec. 324 RCW 28B.10.912 and 1994 c 105 s 3 are each amended to
read as follows:
Each institution of higher education shall ensure that students
with disabilities are reasonably accommodated within that institution.
The institution of higher education shall provide students with
disabilities with the appropriate core service or services necessary to
ensure equal access.
Core services shall include, but not be limited to:
(1) Flexible procedures in the admissions process that use a
holistic review of the student's potential, including appropriate
consideration in statewide and institutional alternative admissions
programs;
(2) Early registration or priority registration;
(3) Sign language, oral and tactile interpreter services, or other
technological alternatives;
(4) Textbooks and other educational materials in alternative media,
including, but not limited to, large print, braille, electronic format,
and audio tape;
(5) Provision of readers, notetakers, scribes, and proofreaders
including recruitment, training, and coordination;
(6) Ongoing review and coordination of efforts to improve campus
accessibility, including but not limited to, all aspects of barrier-
free design, signage, high-contrast identification of hazards of
mobility barriers, maintenance of access during construction, snow and
ice clearance, and adequate disability parking for all facilities;
(7) Facilitation of physical access including, but not limited to,
relocating of classes, activities, and services to accessible
facilities and orientation if route of travel needs change, such as at
the beginning of a quarter or semester;
(8) Access to adaptive equipment including, but not limited to,
TDDs, FM communicators, closed caption devices, amplified telephone
receivers, closed circuit televisions, low-vision reading aids,
player/
(9) Referral to appropriate on-campus and off-campus resources,
services, and agencies;
(10) Release of syllabi, study guides, and other appropriate
instructor-produced materials in advance of general distribution, and
access beyond the regular classroom session to slides, films, overheads
and other media and taping of lectures;
(11) Accessibility for students with disabilities to tutoring,
mentoring, peer counseling, and academic advising that are available on
campus;
(12) Flexibility in test taking arrangements;
(13) Referral to the appropriate entity for diagnostic assessment
and documentation of the disability;
(14) Flexibility in timelines for completion of courses,
certification, and degree requirements;
(15) Flexibility in credits required to be taken to satisfy
institutional eligibility for financial aid; and
(16) Notification of the institution of higher education's policy
of nondiscrimination on the basis of disability and of steps the
student may take if he or she believes discrimination has taken place.
This notice shall be included in all formal correspondence that
communicates decisions or policies adversely affecting the student's
status or rights with the institution of higher education. This notice
shall include the phone numbers of the United States department of
education, the United States office of civil rights, and the Washington
state ((human rights commission)) office of civil rights.
Sec. 325 RCW 28B.10.916 and 2004 c 46 s 1 are each amended to
read as follows:
(1) An individual, firm, partnership or corporation that publishes
or manufactures instructional materials for students attending any
public or private institution of higher education in the state of
Washington shall provide to the public or private institution of higher
education, for use by students attending the institution, any
instructional material in an electronic format mutually agreed upon by
the publisher or manufacturer and the public or private institution of
higher education. Computer files or electronic versions of printed
instructional materials shall be provided; video materials must be
captioned or accompanied by transcriptions of spoken text; and audio
materials must be accompanied by transcriptions. These supplemental
materials shall be provided to the public or private institution of
higher education at no additional cost and in a timely manner, upon
receipt of a written request as provided in subsection (2) of this
section.
(2) A written request for supplemental materials must:
(a) Certify that a student with a print access disability attending
or registered to attend a public or participating private institution
of higher education has purchased the instructional material or the
public or private institution of higher education has purchased the
instructional material for use by a student with a print access
disability;
(b) Certify that the student has a print access disability that
substantially prevents him or her from using standard instructional
materials;
(c) Certify that the instructional material is for use by the
student in connection with a course in which he or she is registered or
enrolled at the public or private institution of higher education; and
(d) Be signed by the coordinator of services for students with
disabilities at the public or private institution of higher education
or by the college or campus official responsible for monitoring
compliance with the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) at the public or private institution of higher
education.
(3) An individual, firm, partnership or corporation specified in
subsection (1) of this section may also require that, in addition to
the requirements in subsection (2) of this section, the request include
a statement signed by the student agreeing to both of the following:
(a) He or she will use the instructional material provided in
specialized format solely for his or her own educational purposes; and
(b) He or she will not copy or duplicate the instructional material
provided in specialized format for use by others.
(4) If a public or private institution of higher education provides
a student with the specialized format version of an instructional
material, the media must be copy-protected or the public or private
institution of higher education shall take other reasonable precautions
to ensure that students do not copy or distribute specialized format
versions of instructional materials in violation of the Copyright
Revisions Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
(5) For purposes of this section:
(a) "Instructional material or materials" means textbooks and other
materials that are required or essential to a student's success in a
postsecondary course of study in which a student with a disability is
enrolled. The determination of which materials are "required or
essential to student success" shall be made by the instructor of the
course in consultation with the official making the request in
accordance with guidelines issued pursuant to subsection (9) of this
section. The term specifically includes both textual and nontextual
information.
(b) "Print access disability" means a condition in which a person's
independent reading of, reading comprehension of, or visual access to
materials is limited or reduced due to a sensory, neurological,
cognitive, physical, psychiatric, or other disability recognized by
state or federal law. The term is applicable, but not limited to,
persons who are blind, have low vision, or have reading disorders or
physical disabilities.
(c) "Structural integrity" means all instructional material,
including but not limited to the text of the material, sidebars, the
table of contents, chapter headings and subheadings, footnotes,
indexes, glossaries, graphs, charts, illustrations, pictures,
equations, formulas, and bibliographies. Structural order of material
shall be maintained. Structural elements, such as headings, lists, and
tables must be identified using current markup and tools. If good
faith efforts fail to produce an agreement between the publisher or
manufacturer and the public or private institution of higher education,
as to an electronic format that will preserve the structural integrity
of instructional materials, the publisher or manufacturer shall provide
the instructional material in a verified and valid HTML format and
shall preserve as much of the structural integrity of the instructional
materials as possible.
(d) "Specialized format" means Braille, audio, or digital text that
is exclusively for use by blind or other persons with print access
disabilities.
(6) Nothing in this section is to be construed to prohibit a public
or private institution of higher education from assisting a student
with a print access disability through the use of an electronic version
of instructional material gained through this section or by
transcribing or translating or arranging for the transcription or
translation of the instructional material into specialized formats that
provide persons with print access disabilities the ability to have
increased independent access to instructional materials. If such
specialized format is made, the public or private institution of higher
education may share the specialized format version of the instructional
material with other students with print access disabilities for whom
the public or private institution of higher education is authorized to
request electronic versions of instructional material. The addition of
captioning to video material by a Washington public or private
institution of higher education does not constitute an infringement of
copyright.
(7) A specialized format version of instructional materials
developed at one public or private institution of higher education in
Washington state may be shared for use by a student at another public
or private institution of higher education in Washington state for whom
the latter public or private institution of higher education is
authorized to request electronic versions of instructional material.
(8) Nothing in this section shall be deemed to authorize any use of
instructional materials that would constitute an infringement of
copyright under the Copyright Revision Act of 1976, as amended (17
U.S.C. Sec. 101 et seq.).
(9) The governing boards of public and participating private
institutions of higher education in Washington state shall each adopt
guidelines consistent with this section for its implementation and
administration. At a minimum, the guidelines shall address all of the
following:
(a) The designation of materials deemed "required or essential to
student success";
(b) The determination of the availability of technology for the
conversion of materials pursuant to subsection (4) of this section and
the conversion of mathematics and science materials pursuant to
subsection (5)(c) of this section;
(c) The procedures and standards relating to distribution of files
and materials pursuant to this section;
(d) The guidelines shall include procedures for granting exceptions
when it is determined that an individual, firm, partnership or
corporation that publishes or manufactures instructional materials is
not technically able to comply with the requirements of this section;
and
(e) Other matters as are deemed necessary or appropriate to carry
out the purposes of this section.
(10) A violation of this chapter constitutes an unfair practice
under chapter 49.60 RCW, the law against discrimination. All rights
and remedies under chapter 49.60 RCW, including the right to file a
complaint with the ((human rights commission)) office of civil rights
and to bring a civil action, apply.
Sec. 326 RCW 28B.110.030 and 1989 c 341 s 3 are each amended to
read as follows:
In consultation with institutions of higher education, the higher
education coordinating board shall develop rules and guidelines to
eliminate possible gender discrimination to students, including sexual
harassment, at institutions of higher education as defined in RCW
28B.10.016. The rules and guidelines shall include but not be limited
to access to academic programs, student employment, counseling and
guidance services, financial aid, recreational activities including
club sports, and intercollegiate athletics.
(1) With respect to higher education student employment, all
institutions shall be required to:
(a) Make no differentiation in pay scales on the basis of gender;
(b) Assign duties without regard to gender except where there is a
bona fide occupational qualification as approved by the Washington
((human rights commission)) office of civil rights;
(c) Provide the same opportunities for advancement to males and
females; and
(d) Make no difference in the conditions of employment on the basis
of gender in areas including, but not limited to, hiring practices,
leaves of absence, and hours of employment.
(2) With respect to admission standards, admissions to academic
programs shall be made without regard to gender.
(3) Counseling and guidance services for students shall be made
available to all students without regard to gender. All academic and
counseling personnel shall be required to stress access to all career
and vocational opportunities to students without regard to gender.
(4) All academic programs shall be available to students without
regard to gender.
(5) With respect to recreational activities, recreational
activities shall be offered to meet the interests of students.
Institutions which provide the following shall do so with no
disparities based on gender: Equipment and supplies; medical care;
services and insurance; transportation and per diem allowances;
opportunities to receive coaching and instruction; laundry services;
assignment of game officials; opportunities for competition, publicity,
and awards; and scheduling of games and practice times, including use
of courts, gyms, and pools. Each institution which provides showers,
toilets, lockers, or training room facilities for recreational purposes
shall provide comparable facilities for both males and females.
(6) With respect to financial aid, financial aid shall be equitably
awarded by type of aid, with no disparities based on gender.
(7) With respect to intercollegiate athletics, institutions that
provide the following shall do so with no disparities based on gender:
(a) Benefits and services including, but not limited to, equipment
and supplies; medical services; services and insurance; transportation
and per diem allowances; opportunities to receive coaching and
instruction; scholarships and other forms of financial aid;
conditioning programs; laundry services; assignment of game officials;
opportunities for competition, publicity, and awards; and scheduling of
games and practice times, including use of courts, gyms, and pools.
Each institution which provides showers, toilets, lockers, or training
room facilities for athletic purposes shall provide comparable
facilities for both males and females.
(b) Opportunities to participate in intercollegiate athletics.
Institutions shall provide equitable opportunities to male and female
students.
(c) Male and female coaches and administrators. Institutions shall
attempt to provide some coaches and administrators of each gender to
act as role models for male and female athletes.
(8) Each institution shall develop and distribute policies and
procedures for handling complaints of sexual harassment.
Sec. 327 RCW 28B.110.050 and 1989 c 341 s 5 are each amended to
read as follows:
A violation of this chapter shall constitute an unfair practice
under chapter 49.60 RCW, the law against discrimination. All rights
and remedies under chapter 49.60 RCW, including the right to file a
complaint with the ((human rights commission)) office of civil rights
and to bring a civil action, shall apply.
Sec. 328 RCW 34.12.037 and 1985 c 185 s 29 are each amended to
read as follows:
When requested by the state ((human rights commission)) office of
civil rights, the chief administrative law judge shall assign an
administrative law judge to conduct proceedings under chapter 49.60
RCW.
Sec. 329 RCW 41.06.150 and 2002 c 371 s 906, 2002 c 354 s 203,
2002 c 354 s 202, and 2002 c 110 s 1 are each reenacted and amended to
read as follows:
The board shall adopt rules, consistent with the purposes and
provisions of this chapter, as now or hereafter amended, and with the
best standards of personnel administration, regarding the basis and
procedures to be followed for:
(1) The reduction, dismissal, suspension, or demotion of an
employee;
(2) Certification of names for vacancies, including departmental
promotions, with the number of names equal to six more names than there
are vacancies to be filled, such names representing applicants rated
highest on eligibility lists: PROVIDED, That when other applicants
have scores equal to the lowest score among the names certified, their
names shall also be certified;
(3) Examinations for all positions in the competitive and
noncompetitive service;
(4) Appointments;
(5) Training and career development;
(6) Probationary periods of six to twelve months and rejections of
probationary employees, depending on the job requirements of the class,
except as follows:
(a) Entry level state park rangers shall serve a probationary
period of twelve months;
(b) The probationary period of campus police officer appointees who
are required to attend the Washington state criminal justice training
commission basic law enforcement academy shall extend from the date of
appointment until twelve months from the date of successful completion
of the basic law enforcement academy, or twelve months from the date of
appointment if academy training is not required. The board shall adopt
rules to ensure that employees promoting to campus police officer who
are required to attend the Washington state criminal justice training
commission basic law enforcement academy shall have the trial service
period extend from the date of appointment until twelve months from the
date of successful completion of the basic law enforcement academy, or
twelve months from the date of appointment if academy training is not
required;
(7) Transfers;
(8) Sick leaves and vacations;
(9) Hours of work;
(10) Layoffs when necessary and subsequent reemployment, both
according to seniority;
(11) Collective bargaining procedures:
(a) After certification of an exclusive bargaining representative
and upon the representative's request, the director shall hold an
election among employees in a bargaining unit to determine by a
majority whether to require as a condition of employment membership in
the certified exclusive bargaining representative on or after the
thirtieth day following the beginning of employment or the date of such
election, whichever is the later, and the failure of an employee to
comply with such a condition of employment constitutes cause for
dismissal: PROVIDED FURTHER, That no more often than once in each
twelve-month period after expiration of twelve months following the
date of the original election in a bargaining unit and upon petition of
thirty percent of the members of a bargaining unit the director shall
hold an election to determine whether a majority wish to rescind such
condition of employment: PROVIDED FURTHER, That for purposes of this
clause, membership in the certified exclusive bargaining representative
is satisfied by the payment of monthly or other periodic dues and does
not require payment of initiation, reinstatement, or any other fees or
fines and includes full and complete membership rights: AND PROVIDED
FURTHER, That in order to safeguard the right of nonassociation of
public employees, based on bona fide religious tenets or teachings of
a church or religious body of which such public employee is a member,
such public employee shall pay to the union, for purposes within the
program of the union as designated by such employee that would be in
harmony with his or her individual conscience, an amount of money
equivalent to regular union dues minus any included monthly premiums
for union-sponsored insurance programs, and such employee shall not be
a member of the union but is entitled to all the representation rights
of a union member;
(b) Agreements between agencies and certified exclusive bargaining
representatives providing for grievance procedures and collective
negotiations on all personnel matters over which the appointing
authority of the appropriate bargaining unit of such agency may
lawfully exercise discretion;
(c) Written agreements may contain provisions for payroll
deductions of employee organization dues upon authorization by the
employee member and for the cancellation of such payroll deduction by
the filing of a proper prior notice by the employee with the appointing
authority and the employee organization: PROVIDED, That nothing
contained herein permits or grants to any employee the right to strike
or refuse to perform his or her official duties;
(d) A collective bargaining agreement entered into under this
subsection before July 1, 2004, covering employees subject to RCW
41.80.001 and 41.80.010 through 41.80.130, that expires after July 1,
2004, shall remain in full force during its duration, or until
superseded by a collective bargaining agreement entered into by the
parties under RCW 41.80.001 and 41.80.010 through 41.80.130. However,
an agreement entered into before July 1, 2004, may not be renewed or
extended beyond July 1, 2005. This subsection (11) does not apply to
collective bargaining negotiations or collective bargaining agreements
entered into under RCW 41.80.001 and 41.80.010 through 41.80.130;
(12) Adoption and revision of a comprehensive classification plan
for all positions in the classified service, based on investigation and
analysis of the duties and responsibilities of each such position.
(a) The board shall not adopt job classification revisions or class
studies unless implementation of the proposed revision or study will
result in net cost savings, increased efficiencies, or improved
management of personnel or services, and the proposed revision or study
has been approved by the director of financial management in accordance
with chapter 43.88 RCW.
(b) Reclassifications, class studies, and salary adjustments are
governed by (a) of this subsection and RCW 41.06.152;
(13) Allocation and reallocation of positions within the
classification plan;
(14) Adoption and revision of a state salary schedule to reflect
the prevailing rates in Washington state private industries and other
governmental units but the rates in the salary schedules or plans shall
be increased if necessary to attain comparable worth under an
implementation plan under RCW 41.06.155 and that, for institutions of
higher education and related boards, shall be competitive for positions
of a similar nature in the state or the locality in which an
institution of higher education or related board is located, such
adoption and revision subject to approval by the director of financial
management in accordance with the provisions of chapter 43.88 RCW;
(15) Increment increases within the series of steps for each pay
grade based on length of service for all employees whose standards of
performance are such as to permit them to retain job status in the
classified service;
(16) Optional lump sum relocation compensation approved by the
agency director, whenever it is reasonably necessary that a person make
a domiciliary move in accepting a transfer or other employment with the
state. An agency must provide lump sum compensation within existing
resources. If the person receiving the relocation payment terminates
or causes termination with the state, for reasons other than layoff,
disability separation, or other good cause as determined by an agency
director, within one year of the date of the employment, the state is
entitled to reimbursement of the lump sum compensation from the person;
(17) Providing for veteran's preference as required by existing
statutes, with recognition of preference in regard to layoffs and
subsequent reemployment for veterans and their surviving spouses by
giving such eligible veterans and their surviving spouses additional
credit in computing their seniority by adding to their unbroken state
service, as defined by the board, the veteran's service in the military
not to exceed five years. For the purposes of this section, "veteran"
means any person who has one or more years of active military service
in any branch of the armed forces of the United States or who has less
than one year's service and is discharged with a disability incurred in
the line of duty or is discharged at the convenience of the government
and who, upon termination of such service has received an honorable
discharge, a discharge for physical reasons with an honorable record,
or a release from active military service with evidence of service
other than that for which an undesirable, bad conduct, or dishonorable
discharge shall be given: PROVIDED, HOWEVER, That the surviving spouse
of a veteran is entitled to the benefits of this section regardless of
the veteran's length of active military service: PROVIDED FURTHER,
That for the purposes of this section "veteran" does not include any
person who has voluntarily retired with twenty or more years of active
military service and whose military retirement pay is in excess of five
hundred dollars per month;
(18) Permitting agency heads to delegate the authority to appoint,
reduce, dismiss, suspend, or demote employees within their agencies if
such agency heads do not have specific statutory authority to so
delegate: PROVIDED, That the board may not authorize such delegation
to any position lower than the head of a major subdivision of the
agency;
(19) Assuring persons who are or have been employed in classified
positions before July 1, 1993, will be eligible for employment,
reemployment, transfer, and promotion in respect to classified
positions covered by this chapter;
(20) Affirmative action in appointment, promotion, transfer,
recruitment, training, and career development; development and
implementation of affirmative action goals and timetables; and
monitoring of progress against those goals and timetables.
The board shall consult with the ((human rights commission)) office
of civil rights in the development of rules pertaining to affirmative
action. The department of personnel shall transmit a report annually
to the ((human rights commission)) office of civil rights which states
the progress each state agency has made in meeting affirmative action
goals and timetables.
Notwithstanding this section and rules of the board adopted under
this section, agencies may place employees on temporary unpaid leave
during the 2001-2003 fiscal biennium for the purpose of implementing
appropriations reductions enacted in the 2002 supplemental
appropriations act. Mandatory unpaid leave must be approved by the
agency director, and must be, to the greatest extent possible, mutually
agreeable to the employee and employer. Employees taking mandatory
temporary unpaid leave will not lose seniority, leave accrual, or
health insurance benefits.
Sec. 330 RCW 43.01.135 and 2007 c 76 s 2 are each amended to read
as follows:
Agencies as defined in RCW 41.06.020 shall:
(1) Update or develop and disseminate among all agency employees
and contractors a policy that:
(a) Defines and prohibits sexual harassment in the workplace;
(b) Includes procedures that describe how the agency will address
concerns of employees who are affected by sexual harassment in the
workplace;
(c) Identifies appropriate sanctions and disciplinary actions; and
(d) Complies with guidelines adopted by the director of personnel
under RCW 41.06.395;
(2) Respond promptly and effectively to sexual harassment concerns;
(3) Conduct training and education for all employees in order to
prevent and eliminate sexual harassment in the organization;
(4) Inform employees of their right to file a complaint with the
Washington ((state human rights commission)) office of civil rights
under chapter 49.60 RCW, or with the federal equal employment
opportunity commission under Title VII of the civil rights act of 1964;
and
(5) Report to the department of personnel on compliance with this
section.
The cost of the training programs shall be borne by state agencies
within existing resources.
Sec. 331 RCW 43.43.340 and 1985 c 365 s 6 are each amended to
read as follows:
(1) The names of all officers who have passed examinations
satisfactorily shall be placed on an eligible list in the order of the
grade attained in the examinations. The chief, or the committee
mentioned in RCW 43.43.330 at the chief's request, may determine the
lowest examination grade which will qualify an officer for inclusion of
his or her name on an eligible list. Examination papers shall be
graded promptly and an eligible list shall be made up immediately
thereafter. All officers taking an examination shall be informed of
the grade earned.
(2) After an eligible list is made up all promotions shall be made
from the five top names on the applicable list, and if needed to comply
with affirmative action goals three additional names referred under
subsection (3) of this section. Not all three additional names need be
promoted at the time they are referred and they may be referred more
than once. Each officer shall be informed in writing as his or her
name is included in the top five on an eligible list or referred under
subsection (3) of this section. No officer whose name appears within
the top five on any eligible list shall be passed over for promotion
more than three times.
(3) If the vacancy to be filled is identified as part of the state
patrol's affirmative action goals as established under its affirmative
action plan, the chief may refer for consideration up to three
additional names per vacancy of individuals who are on the eligible
list and who are members of one or more of the protected groups under
Title VII of the 1964 Civil Rights Act and chapter 49.60 RCW, or for
federal contract compliance purposes, veterans and disabled veterans as
defined in the Vietnam Era Veterans Readjustment Act of 1974, Title 41
C.F.R., chapter 60, part 60-250.
The three additional names referred for each vacancy shall be the
top three members of the protected groups designated by the chief for
referral for that vacancy in accordance with the state patrol's
affirmative action goals. These names shall be drawn in rank order
from the remaining names of protected group members on the eligible
list, after ranking by examination grade. For each vacancy, a total of
three supplementary names may be referred.
(4) After having qualified for promotion hereunder an officer must
pass a medical examination and must be certified as to physical fitness
to perform the duties of the advanced position by one of three doctors
designated by the chief of the Washington state patrol.
(5) The state patrol shall consult with the ((human rights
commission)) office of civil rights in the development of rules
pertaining to affirmative action. The state patrol shall transmit a
report annually to the ((human rights commission)) office of civil
rights which states the progress the state patrol has made in meeting
affirmative action goals and timetables.
Sec. 332 RCW 49.44.090 and 1993 c 510 s 24 are each amended to
read as follows:
It shall be an unfair practice:
(1) For an employer or licensing agency, because an individual is
forty years of age or older, to refuse to hire or employ or license or
to bar or to terminate from employment such individual, or to
discriminate against such individual in promotion, compensation or in
terms, conditions or privileges of employment: PROVIDED, That
employers or licensing agencies may establish reasonable minimum and/human rights commission)) office of civil rights or the
director of labor and industries through the division of industrial
relations.
(2) For any employer, licensing agency or employment agency to
print or circulate or cause to be printed or circulated any statement,
advertisement, or publication, or to use any form of application for
employment or to make any inquiry in connection with prospective
employment, which expresses any limitation, specification or
discrimination respecting individuals forty years of age or older:
PROVIDED, That nothing herein shall forbid a requirement of disclosure
of birth date upon any form of application for employment or by the
production of a birth certificate or other sufficient evidence of the
applicant's true age after an employee is hired.
Nothing contained in this section or in RCW 49.60.180 as to age
shall be construed to prevent the termination of the employment of any
person who is physically unable to perform his or her duties or to
affect the retirement policy or system of any employer where such
policy or system is not merely a subterfuge to evade the purposes of
this section; nor shall anything in this section or in RCW 49.60.180 be
deemed to preclude the varying of insurance coverages according to an
employee's age; nor shall this section be construed as applying to any
state, county, or city law enforcement agencies, or as superseding any
law fixing or authorizing the establishment of reasonable minimum or
maximum age limits with respect to candidates for certain positions in
public employment which are of such a nature as to require
extraordinary physical effort, or which for other reasons warrant
consideration of age factors.
Sec. 333 RCW 49.74.010 and 1985 c 365 s 8 are each amended to
read as follows:
As used in this chapter, (("commission")) "office" means the
Washington state ((human rights commission)) office of civil rights.
Sec. 334 RCW 49.74.020 and 1993 c 281 s 57 are each amended to
read as follows:
If the ((commission)) office reasonably believes that a state
agency, an institution of higher education, or the state patrol has
failed to comply with an affirmative action rule adopted under RCW
41.06.150 or 43.43.340, the ((commission)) office shall notify the
director of the state agency, president of the institution of higher
education, or chief of the Washington state patrol of the
noncompliance, as well as the director of personnel. The
((commission)) office shall give the director of the state agency,
president of the institution of higher education, or chief of the
Washington state patrol an opportunity to be heard on the failure to
comply.
Sec. 335 RCW 49.74.030 and 2002 c 354 s 246 are each amended to
read as follows:
The ((commission)) office in conjunction with the department of
personnel or the state patrol, whichever is appropriate, shall attempt
to resolve the noncompliance through conciliation. If an agreement is
reached for the elimination of noncompliance, the agreement shall be
reduced to writing and an order shall be issued by the ((commission))
office setting forth the terms of the agreement. The noncomplying
state agency, institution of higher education, or state patrol shall
make a good faith effort to conciliate and make a full commitment to
correct the noncompliance with any action that may be necessary to
achieve compliance, provided such action is not inconsistent with the
rules adopted under RCW 41.06.150(6) and 43.43.340(5), whichever is
appropriate.
Sec. 336 RCW 49.74.040 and 2002 c 354 s 248 are each amended to
read as follows:
If no agreement can be reached under RCW 49.74.030, the
((commission)) office may refer the matter to the administrative law
judge for hearing pursuant to RCW 49.60.250. If the administrative law
judge finds that the state agency, institution of higher education, or
state patrol has not made a good faith effort to correct the
noncompliance, the administrative law judge shall order the state
agency, institution of higher education, or state patrol to comply with
this chapter. The administrative law judge may order any action that
may be necessary to achieve compliance, provided such action is not
inconsistent with the rules adopted under RCW 41.06.150(6) and
43.43.340(5), whichever is appropriate.
An order by the administrative law judge may be appealed to
superior court.
NEW SECTION. Sec. 337 The following acts or parts of acts are
each repealed:
(1) RCW 49.60.050 (Commission created) and 1985 c 185 s 3, 1981 c
338 s 9, 1957 c 37 s 5, & 1955 c 270 s 2;
(2) RCW 49.60.051 (Board name changed to Washington State Human
Rights Commission) and 1971 ex.s. c 52 s 2;
(3) RCW 49.60.060 (Membership of commission) and 1985 c 185 s 4 &
1955 c 270 s 3;
(4) RCW 49.60.070 (Compensation and reimbursement for travel
expenses of commission members) and 1985 c 185 s 5, 1984 c 287 s 98,
1975-'76 2nd ex.s. c 34 s 145, & 1955 c 270 s 4;
(5) RCW 49.60.080 (Official seal) and 1985 c 185 s 6 & 1955 c 270
s 5;
(6) RCW 49.60.090 (Offices of commission) and 1985 c 185 s 7, 1957
c 37 s 6, & 1955 c 270 s 6;
(7) RCW 49.60.130 (May create advisory agencies and conciliation
councils) and 2007 c 187 s 6, 2006 c 4 s 6, 1997 c 271 s 5, 1993 c 510
s 7, 1985 c 185 s 11, 1975-'76 2nd ex.s. c 34 s 146, 1973 1st ex.s. c
214 s 5, 1973 c 141 s 8, 1971 ex.s. c 81 s 2, & 1955 c 270 s 9; and
(8) RCW 49.60.390 (Rule-making authority--Deadline--1997 c 271) and
1997 c 271 s 25.
Sec. 401 RCW 43.60A.190 and 2008 c 187 s 1 are each amended to
read as follows:
(1) The ((department)) office shall:
(a) Develop and maintain a current list of veteran-owned
businesses; and
(b) Make the list available on the ((department's)) office'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)) office 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 of veterans affairs, in consultation with the
office, shall create a logo for the purpose of identifying veteran-owned businesses to the public. The department of veterans affairs
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 of veterans affairs.
(5)(a) Businesses may submit an application on a form prescribed by
the ((department)) office for inclusion on the list or to apply for
certification under this section.
(b) The ((department)) office 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)) office may adopt rules necessary to
implement this section.
Sec. 402 RCW 43.60A.195 and 2010 c 5 s 3 are each amended to read
as follows:
(((1))) The ((department)) office shall:
(1) Develop a procedure for certifying veteran-owned businesses and
maintain a list of veteran-owned businesses on the ((department's))
office's public web site((.));
(2) The department shall
(2) Adopt rules necessary to implement chapter 5, Laws of 2010.
The ((department)) office shall consult agencies to determine what
specific information they must report to the ((department.)) office; and
(3) The department shall
(3) Collaborate with and may assist agencies in implementing
outreach to veteran-owned businesses.
Sec. 403 RCW 43.60A.200 and 2010 c 5 s 4 are each amended to read
as follows:
(1) State agencies are encouraged to award three percent of all
procurement contracts that are exempt from competitive bidding
requirements under RCW 43.19.1906(2) to veteran-owned businesses
certified by the ((department)) office under RCW 43.60A.195 (as
recodified by this act).
(2) State agencies shall:
(a) Perform outreach to veteran-owned businesses in collaboration
with the ((department)) office to increase opportunities for veteran-owned businesses to sell goods and services to the state; and
(b) Work to match agency procurement records with the
((department's)) office's database of certified veteran-owned
businesses to establish how many procurement contracts are being
awarded to those businesses.
NEW SECTION. Sec. 501 A new section is added to chapter 39.19
RCW to read as follows:
(1) The commission on equity and access is created within the
office of civil rights. The commission shall be composed of nine
members appointed by the governor. In making appointments, the
governor should consider nominations for membership based upon
maintaining a balanced distribution of ethnicities, geographic, sex,
age and occupational representation, when practicable.
(2) Members shall be appointed to serve three-year terms. Of the
initial members, three must be appointed for a one-year term, three
must be appointed for a two-year term, and three must be appointed for
a three-year term. Thereafter, members must be appointed for a three-year term. No member shall serve more than two consecutive terms. In
the case of a vacancy, the governor shall appoint a new member to serve
out the term of the person whose position has become vacant.
NEW SECTION. Sec. 502 A new section is added to chapter 39.19
RCW to read as follows:
(1) The commission shall annually elect a chair and a vice chair
from its members.
(2) The commission may hold one meeting each calendar quarter.
Meetings shall comply with chapter 42.30 RCW. A majority of the
commission constitutes a quorum for the transaction of business.
NEW SECTION. Sec. 503 A new section is added to chapter 39.19
RCW to read as follows:
The commission shall have the following duties and
responsibilities:
(1) The commission shall advise the office and state agencies on
the development and implementation of policies, plans, and programs
focusing on the issues affecting those communities that, for economic,
social, cultural, and historical reasons, find themselves disadvantaged
or isolated from the benefits of equal opportunity in this state.
(2) The commission may establish subcommittees to study, review,
provide information, and give advice on specific issues including, but
not limited to, the achievement gap, supplier diversity, access to
government services, and systemic policy issues affecting those
communities that, for economic, social, cultural, and historical
reasons, find themselves disadvantaged or isolated from the benefits of
equal opportunity in this state.
NEW SECTION. Sec. 504 The following acts or parts of acts are
each repealed:
(1) RCW 43.113.005 (Legislative declaration) and 1992 c 96 s 1;
(2) RCW 43.113.010 (Commission created) and 1992 c 96 s 2;
(3) RCW 43.113.020 (Membership -- Terms -- Vacancies -- Quorum -- Expenses)
and 1992 c 96 s 3;
(4) RCW 43.113.030 (Powers and duties) and 1992 c 96 s 4;
(5) RCW 43.115.010 (Legislative declaration) and 1993 c 261 s 1,
1987 c 249 s 1, & 1971 ex.s. c 34 s 1;
(6) RCW 43.115.020 (Commission created) and 1987 c 249 s 2 & 1971
ex.s. c 34 s 2;
(7) RCW 43.115.030 (Membership -- Terms -- Vacancies -- Travel expenses--
Quorum) and 1993 c 261 s 2, 1987 c 249 s 3, 1981 c 338 s 15, 1975-'76
2nd ex.s. c 34 s 130, & 1971 ex.s. c 34 s 3;
(8) RCW 43.115.040 (Officers and employees -- Rules and regulations)
and 2009 c 549 s 5170, 1993 c 261 s 3, 1987 c 249 s 4, & 1971 ex.s. c
34 s 4;
(9) RCW 43.115.045 (Executive director) and 1993 c 261 s 4;
(10) RCW 43.115.060 (Relationships with local government and
private industry) and 1987 c 249 s 6 & 1971 ex.s. c 34 s 6;
(11) RCW 43.115.900 (Severability -- 1971 ex.s. c 34) and 1971 ex.s.
c 34 s 7;
(12) RCW 43.117.010 (Legislative declaration) and 2000 c 236 s 1,
1995 c 67 s 2, 1983 c 119 s 1, & 1974 ex.s. c 140 s 1;
(13) RCW 43.117.020 (Definitions) and 1995 c 67 s 3 & 1974 ex.s. c
140 s 2;
(14) RCW 43.117.030 (Commission established) and 1995 c 67 s 4 &
1974 ex.s. c 140 s 3;
(15) RCW 43.117.040 (Membership -- Terms -- Vacancies -- Travel
expenses -- Quorum -- Executive director) and 2009 c 549 s 5171, 1982 c 68
s 1, 1981 c 338 s 16, 1975-'76 2nd ex.s. c 34 s 131, & 1974 ex.s. c 140
s 4;
(16) RCW 43.117.050 (Officers -- Rules and regulations -- Meetings) and
2009 c 549 s 5172 & 1974 ex.s. c 140 s 5;
(17) RCW 43.117.060 (Staff) and 1974 ex.s. c 140 s 6;
(18) RCW 43.117.070 (Duties of commission -- State agencies to give
assistance) and 2007 c 19 s 3, 2000 c 236 s 3, 1995 c 67 s 5, & 1974
ex.s. c 140 s 7;
(19) RCW 43.117.080 (Promotion of equal opportunity and benefits)
and 1995 c 67 s 6 & 1974 ex.s. c 140 s 8;
(20) RCW 43.117.090 (Hearings -- Information to be furnished to
commission) and 2009 c 549 s 5173 & 1974 ex.s. c 140 s 9;
(21) RCW 43.117.100 (Gifts, grants and endowments -- Receipt and
expenditure) and 1974 ex.s. c 140 s 10; and
(22) RCW 43.117.900 (Severability -- 1974 ex.s. c 140) and 1974 ex.s.
c 140 s 11.
NEW SECTION. Sec. 601 (1) All powers, duties, and functions of
the human rights commission are transferred to the office of civil
rights. All references to the director of the human rights commission
in the Revised Code of Washington shall be construed to mean the
director of the office of civil rights when referring to the functions
transferred in this section.
(2) All powers, duties, and functions of the office of minority and
women's business enterprises are transferred to the office of civil
rights. All references to the director of the office of minority and
women's business enterprises in the Revised Code of Washington shall be
construed to mean the director of the office of civil rights when
referring to the functions transferred in this section.
(3) All powers, duties, and functions of the commission on African-American affairs, commission on Asian Pacific American affairs, and
commission on Hispanic affairs are transferred to the office of civil
rights. All references to the executive director of the commission on
African-American affairs, executive director of the commission on Asian
Pacific American affairs, and executive director of the commission on
Hispanic affairs in the Revised Code of Washington shall be construed
to mean the director of the office of civil rights when referring to
the functions transferred in this section.
NEW SECTION. Sec. 602 (1) All reports, documents, surveys,
books, records, files, papers, or written material in the possession of
the human rights commission pertaining to the powers, functions, and
duties transferred in section 601 of this act shall be delivered to the
custody of the office of civil rights. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
human rights commission in carrying out the powers, functions, and
duties transferred shall be made available to the office of civil
rights. All funds, credits, or other assets held in connection with
the powers, functions, and duties transferred shall be assigned to the
office of civil rights.
(2) All reports, documents, surveys, books, records, files, papers,
or written material in the possession of the office of minority and
women's business enterprises pertaining to the powers, functions, and
duties transferred in section 601 of this act shall be delivered to the
custody of the office of civil rights. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
office of minority and women's business enterprises in carrying out the
powers, functions, and duties transferred shall be made available to
the office of civil rights. All funds, credits, or other assets held
in connection with the powers, functions, and duties transferred shall
be assigned to the office of civil rights.
(3) All reports, documents, surveys, books, records, files, papers,
or written material in the possession of the commission on African-American affairs, commission on Asian Pacific American affairs, and
commission on Hispanic affairs pertaining to the powers, functions, and
duties transferred in section 601 of this act shall be delivered to the
custody of the office of civil rights. All cabinets, furniture, office
equipment, motor vehicles, and other tangible property employed by the
commission on African-American affairs, commission on Asian Pacific
American affairs, and commission on Hispanic affairs in carrying out
the powers, functions, and duties transferred shall be made available
to the office of civil rights. All funds, credits, or other assets
held in connection with the powers, functions, and duties transferred
shall be assigned to the office of civil rights.
NEW SECTION. Sec. 603 (1) Any appropriations made to the human
rights commission for carrying out the powers, functions, and duties
transferred in section 601 of this act shall, on the effective date of
this section, be transferred and credited to the office of civil
rights.
(2) Any appropriations made to the office of minority and women's
business enterprises for carrying out the powers, functions, and duties
transferred in section 601 of this act shall, on the effective date of
this section, be transferred and credited to the office of civil
rights.
(3) Any appropriations made to the commission on African-American
affairs, commission on Asian Pacific American affairs, and commission
on Hispanic affairs for carrying out the powers, functions, and duties
transferred in section 601 of this act shall, on the effective date of
this section, be transferred and credited to the office of civil
rights.
NEW SECTION. Sec. 604 (1) All employees of the human rights
commission are transferred to the jurisdiction of the office of civil
rights. All employees classified under chapter 41.06 RCW, the state
civil service law, are assigned to the office of civil rights 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 state civil
service law.
(2) The existing bargaining unit of the employees at the human
rights commission shall be transferred in its entirety to the office of
civil rights without the merging of other bargaining units or the
inclusion of employees from other bargaining units. Nothing contained
in this section may be construed to alter any of the existing
collective bargaining units unless and until the bargaining unit has
been modified by action of the public employment relations commission
as provided by law. Therefore, the certification of the existing
bargaining units shall remain. However, the public employment
relations commission may, upon request, amend the certification to
reflect the name of the new agency. Nothing in this section may be
construed to alter the provisions of any existing collective bargaining
agreement until the agreement has expired. The existing bargaining
units of employees transferred under this section shall continue to be
subject to the provisions of chapter 41.80 RCW.
NEW SECTION. Sec. 605 (1) All employees of the office of
minority and women's business enterprises are transferred to the
jurisdiction of the office of civil rights. All employees classified
under chapter 41.06 RCW, the state civil service law, are assigned to
the office of civil rights 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 state civil service law.
(2) The existing bargaining units of the employees at the office of
minority and women's business enterprises shall be transferred in their
entirety to the office of civil rights without the merging of other
bargaining units or the inclusion of employees from other bargaining
units. Nothing contained in this section may be construed to alter any
of the existing collective bargaining units unless and until the
bargaining unit has been modified by action of the public employment
relations commission as provided by law. Therefore, the certification
of the existing bargaining units shall remain. However, the public
employment relations commission may, upon request, amend the
certification to reflect the name of the new agency. Nothing in this
section may be construed to alter the provisions of any existing
collective bargaining agreement until the agreement has expired. The
existing bargaining units of employees transferred under this section
shall continue to be subject to the provisions of chapter 41.80 RCW.
NEW SECTION. Sec. 606 (1) All employees of the commission on
African-American affairs are transferred to the jurisdiction of the
office of civil rights. All employees classified under chapter 41.06
RCW, the state civil service law, are assigned to the office of civil
rights 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
state civil service law.
(2) All employees of the commission on Asian Pacific American
affairs are transferred to the jurisdiction of the office of civil
rights. All employees classified under chapter 41.06 RCW, the state
civil service law, are assigned to the office of civil rights 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 state civil
service law.
(3) All employees of the commission on Hispanic affairs are
transferred to the jurisdiction of the office of civil rights. All
employees classified under chapter 41.06 RCW, the state civil service
law, are assigned to the office of civil rights 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 law.
NEW SECTION. Sec. 607 (1)(a) All rules and all pending business
before the human rights commission pertaining to the powers, functions,
and duties transferred in section 601 of this act shall be continued
and acted upon by the office of civil rights. All existing contracts
and obligations shall remain in full force and shall be performed by
the office of civil rights.
(b) All rules and all pending business before the office of
minority and women's business enterprises pertaining to the powers,
functions, and duties transferred in section 601 of this act shall be
continued and acted upon by the office of civil rights. All existing
contracts and obligations shall remain in full force and shall be
performed by the office of civil rights.
(c) All rules and all pending business before the commission on
African-American affairs, commission on Asian Pacific American affairs,
and commission on Hispanic affairs pertaining to the powers, functions,
and duties transferred in section 601 of this act shall be continued
and acted upon by the office of civil rights. All existing contracts
and obligations shall remain in full force and shall be performed by
the office of civil rights.
(2) The transfer of the powers, duties, functions, and personnel of
the human rights commission, office of minority and women's business
enterprises, the commission on African-American affairs, commission on
Asian Pacific American affairs, and commission on Hispanic affairs
shall not affect the validity of any act performed before the effective
date of this section.
(3) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management shall make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(4) If apportionments of budgeted funds are required because of the
transfers directed by this act, the director of financial management
shall certify the 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 the certification.
NEW SECTION. Sec. 701 Sections 601 through 607 of this act are
each added to chapter
NEW SECTION. Sec. 702 RCW 43.60A.190, 43.60A.195, and 43.60A.200
are each recodified as sections in chapter 39.19 RCW.
NEW SECTION. Sec. 703 Section 107 of this act takes effect
January 1, 2012.
NEW SECTION. Sec. 704 Section 106 of this act expires January 1,
2012.
NEW SECTION. Sec. 705 Section 217 of this act expires June 30,
2039.
NEW SECTION. Sec. 706 If any provision of this 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.
NEW SECTION. Sec. 707 With the exception of section 107 of this
act, this act is necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its
existing public institutions, and takes effect July 1, 2011.