INITIATIVE  200

                         to the People

                    Chapter 3, Laws of 1999

      GOVERNMENT DISCRIMINATION OR PREFERENTIAL TREATMENT

                    EFFECTIVE DATE:  12/3/98

Approved by the    People of the State of Washington       in the General Election on            November 3, 1998

ORIGINALLY FILED                              April 7, 1997                          Secretary of State                      State of Washington

    AN ACT Relating to prohibiting government entities from discriminating or granting preferential treatment based on race, sex, color, ethnicity, or national origin; and adding new sections to chapter 49.60 RCW.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. (1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.

    (2) This section applies only to action taken after the effective date of this section.

    (3) This section does not affect any law or governmental action that does not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin.

    (4) This section does not affect any otherwise lawful classification that:

           (a) Is based on sex and is necessary for sexual privacy or medical or psychological treatment; or

           (b) Is necessary for undercover law enforcement or for film, video, audio, or theatrical casting; or

           (c) Provides for separate athletic teams for each sex.

    (5) This section does not invalidate any court order or consent decree that is in force as of the effective date of this section.

    (6) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if ineligibility would result in a loss of federal funds to the state.

    (7) For the purposes of this section, "state" includes, but is not necessarily limited to, the state itself, any city, county, public college or university, community college, school district, special district, or other political subdivision or governmental instrumentality of or within the state.

    (8) The remedies available for violations of this section shall be the same, regardless of the injured party's race, sex, color, ethnicity, or national origin, as are otherwise available for violations of Washington anti-discrimination law.

    (9) This section shall be self-executing.  If any part or parts of this section are found to be in conflict with federal law, the United States Constitution, or the Washington state Constitution, the section shall be implemented to the maximum extent that federal law, the United States Constitution, and the Washington state Constitution permit.  Any provision held invalid shall be severable from the remaining portions of this section.

NEW SECTION. Sec. 2.  This act shall be known and cited as the Washington State Civil Rights Act.

NEW SECTION. Sec. 3.  Sections 1 and 2 of this act are each added to chapter 49.60 RCW.

Originally filed in Office of Secretary of State April 7, 1997.

Approved by the People of the State of Washington in the General Election on November 3, 1998.