Z-0353.2  _______________________________________________

 

                          HOUSE BILL 1063

          _______________________________________________

 

State of Washington      54th Legislature     1995 Regular Session

 

By Representatives Padden and Mastin; by request of Law Revision Commission

 

Read first time 01/10/95.  Referred to Committee on Law and Justice.

 

Making technical corrections.



    AN ACT Relating to technical corrections; correcting multiple amendments; deleting obsolete provisions; reenacting and amending RCW 29.04.160, 49.60.030, 70.94.053, 70.94.055, and 75.30.120; reenacting RCW 50.62.030; creating a new section; and repealing RCW 43.19.640, 43.19.645, 43.19.650, 43.19.655, 43.19.660, 43.19.665, and 70.94.222.

 

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

 

    NEW SECTION.  Sec. 1.  The only intent of the legislature in this act is to correct multiple amendments and delete obsolete provisions.  It is not the intent of the legislature to change the substance or effect of any presently effective statute.

 

    Sec. 2.  RCW 29.04.160 and 1993 c 441 s 2 and 1993 c 408 s 10 are each reenacted and amended to read as follows:

    As soon as any or all of the voter registration data from the counties has been received under RCW 29.04.150 and processed, the secretary of state shall provide a duplicate copy of this data to the ((state central committee)) political party organization or other individual making the request, at cost, shall provide a duplicate copy of the master state-wide computer tape or data file of registered voters to the statute law committee without cost, and shall provide a duplicate copy of the master state-wide computer tape or electronic data file of registered voters to the department of information services for purposes of creating the jury source list without cost.  Restrictions as to the commercial use of the information on the state-wide computer tape or data file of registered voters, and penalties for its misuse, shall be the same as provided in RCW 29.04.110 and 29.04.120 as now existing or hereafter amended.

 

    Sec. 3.  RCW 49.60.030 and 1993 c 510 s 3 and 1993 c 69 s 1 are each reenacted and amended to read as follows:

    (1) The right to be free from discrimination because of race, creed, color, national origin, sex, or the presence of any sensory, mental, or physical disability or the use of a trained guide dog or service dog by a disabled person is recognized as and declared to be a civil right.  This right shall include, but not be limited to:

    (a) The right to obtain and hold employment without discrimination;

    (b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;

    (c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;

    (d) The right to engage in credit transactions without discrimination;

    (e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination:  PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph; and

    (f) The right to engage in commerce free from any discriminatory boycotts or blacklists.  Discriminatory boycotts or blacklists for purposes of this section shall be defined as the formation or execution of any express or implied agreement, understanding, policy or contractual arrangement for economic benefit between any persons which is not specifically authorized by the laws of the United States and which is required or imposed, either directly or indirectly, overtly or covertly, by a foreign government or foreign person in order to restrict, condition, prohibit, or interfere with or in order to exclude any person or persons from any business relationship on the basis of race, color, creed, religion, sex, the presence of any sensory, mental, or physical disability, or the use of a trained guide dog or service dog by a disabled person, or national origin or lawful business relationship:  PROVIDED HOWEVER, That nothing herein contained shall prohibit the use of boycotts as authorized by law pertaining to labor disputes and unfair labor practices.

    (2) Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys' fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.)((; and)).

    (3) Except for any unfair practice committed by an employer against an employee or a prospective employee, or any unfair practice in a real estate transaction which is the basis for relief specified in the amendments to RCW 49.60.225 contained in chapter 69, Laws of 1993, any unfair practice prohibited by this chapter which is committed in the course of trade or commerce as defined in the Consumer Protection Act, chapter 19.86 RCW, is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce.

 

    Sec. 4.  RCW 50.62.030 and 1987 c 284 s 3 and 1987 c 171 s 2 are each reenacted to read as follows:

    Job service resources shall be used to assist with the reemployment of unemployed workers using the most efficient and effective means of service delivery.  The job service program of the employment security department may undertake any program or activity for which funds are available and which furthers the goals of this chapter.  These programs and activities shall include, but are not limited to:

    (1) Giving older unemployed workers and the long-term unemployed the highest priority for all services made available under this section.  The employment security department shall make the services provided under this chapter available to the older unemployed workers and the long-term unemployed as soon as they register under the employment assistance program;

    (2) Supplementing basic employment services, with special job search and claimant placement assistance designed to assist unemployment insurance claimants to obtain employment;

    (3) Providing employment services, such as recruitment, screening, and referral of qualified workers, to agricultural areas where these services have in the past contributed to positive economic conditions for the agricultural industry; and

    (4) Providing otherwise unobtainable information and analysis to the legislature and program managers about issues related to employment and unemployment.

 

    Sec. 5.  RCW 70.94.053 and 1991 c 363 s 143, 1991 c 199 s 701, and 1991 c 125 s 1 are each reenacted and amended to read as follows:

    (1) In each county of the state there is hereby created an air pollution control authority, which shall bear the name of the county within which it is located.  The boundaries of each authority shall be coextensive with the boundaries of the county within which it is located.  An authority shall include all incorporated and unincorporated areas of the county within which it is located.

    (2) Except as provided in RCW 70.94.262, all authorities which are presently activated authorities shall carry out the duties and exercise the powers provided in this chapter.  Those activated authorities which encompass contiguous counties are declared to be and directed to function as a multicounty authority.

    (3) ((Except as provided in RCW 70.94.232,)) All other air pollution control authorities are hereby designated as inactive authorities.

    (4) The boards of those authorities designated as activated authorities by this chapter shall be comprised of such ((appointees and/or members of county legislative authorities or other officers)) individuals as is provided in RCW 70.94.100.

 

    Sec. 6.  RCW 70.94.055 and 1991 c 363 s 144 and 1991 c 199 s 702 are each reenacted and amended to read as follows:

    The ((county)) legislative authority of any county may activate an air pollution control authority following a public hearing on its own motion, or upon a filing of a petition signed by one hundred property owners within the county.  If the county legislative authority determines as a result of the public hearing that:

    (1) Air pollution exists or is likely to occur; and

    (2) The city or town ordinances, or county resolutions, or their enforcement, are inadequate to prevent or control air pollution,

    it may by resolution activate an air pollution control authority or combine with a contiguous county or counties to form a multicounty air pollution control authority.

 

    Sec. 7.  RCW 75.30.120 and 1993 c 340 s 32 and 1993 c 100 s 1 are each reenacted and amended to read as follows:

    (1) Except as provided in subsection (2) of this section, after May 6, 1974, the director shall issue no new commercial salmon fishery licenses or salmon delivery licenses.  A person may renew an existing license only if the person held the license sought to be renewed during the previous year or acquired the license by transfer from someone who held it during the previous year, and if the person has not subsequently transferred the license to another person.

    (2) Where the person failed to obtain the license during the previous year because of a license suspension, the person may qualify for a license by establishing that the person held such a license during the last year in which the license was not suspended.

    (3) Subject to the restrictions in ((section 11 of this act)) RCW 75.28.011, commercial salmon fishery licenses and salmon delivery licenses are transferable from one license holder to another.

 

    NEW SECTION.  Sec. 8.  The following acts or parts of acts are each repealed:

    (1) RCW 43.19.640 and 1979 c 151 s 105 & 1977 ex.s. c 86 s 1;

    (2) RCW 43.19.645 and 1977 ex.s. c 86 s 2;

    (3) RCW 43.19.650 and 1986 c 158 s 11 & 1977 ex.s. c 86 s 3;

    (4) RCW 43.19.655 and 1977 ex.s. c 86 s 4;

    (5) RCW 43.19.660 and 1987 c 505 s 27, 1986 c 158 s 12, 1979 c 151 s 106, & 1977 ex.s. c 86 s 5;

    (6) RCW 43.19.665 and 1977 ex.s. c 86 s 6; and

    (7) RCW 70.94.222 and 1970 ex.s. c 62 s 59, 1970 ex.s. c 41 s 2, 1969 ex.s. c 168 s 26, & 1967 c 238 s 36.

 


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