H-1907.2  _______________________________________________

                          HOUSE BILL 1999

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Smith, Campbell, Sheahan, Stevens, Koster, Lambert, Goldsmith, Hickel, Delvin, Johnson, Hargrove, Clements, McMahan, Benton, Radcliff, Padden, Pelesky, B. Thomas, D. Schmidt, Sherstad, Thompson and Beeksma

Read first time 02/21/95.  Referred to Committee on Law & Justice.

Concerning the uses of discriminatory or preferential standards by state and local governments.

    AN ACT Relating to prohibiting discriminatory or preferential treatment based on race, sex, color, ethnicity, or national origin; adding new sections to chapter 49.60 RCW; and declaring an emergency.

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

NEW SECTION. Sec. 1.  This act shall be known and cited as the equal rights and antidiscrimination act of 1995.

NEW SECTION. Sec. 2.  Neither the state of Washington, nor its political subdivisions, shall deny any right expressly guaranteed by the Constitution of the state of Washington or the Constitution of the United States of America.

NEW SECTION. Sec. 3.  The legislature finds that equal protection under the law is a fundamental principle of constitutional government and is essential to the well-being and perpetuation of a free society.  The legislature further finds that there is a legitimate and compelling state interest in ensuring equal protection under the law for each individual as an indispensable prerequisite for guaranteeing the rights of all citizens.

NEW SECTION. Sec. 4.  (1) Neither the state of Washington nor any of its political subdivisions or agents shall use race, sex, color, ethnicity, or national origin as a criterion for either discriminating against, or granting preferential treatment to, any individual or group in the operation of public employment, public education, or public contracting.

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

    (3) Allowable remedies for violation of this section shall include normal and customary attorneys' fees.

    (4) Nothing in this section shall be interpreted as prohibiting classifications based on sex that are reasonably necessary to the normal operation of public employment or public education.

    (5) Nothing in this section shall be interpreted as invalidating any court order or consent decree that is in force as of the effective date of this section.

    (6) Nothing in this section shall be interpreted as prohibiting governmental action that is necessary to establish or maintain eligibility for any federal program, where ineligibility would result in a loss of federal funds to state or local government.

    (7) Nothing in this section shall be construed as prohibiting a public agency from obeying a court order requiring the consideration of racial, ethnic, national origin, gender, or religious characteristics to remedy the effects of its own past discriminatory practices.

NEW SECTION. Sec. 5.  Sections 1 through 4 of this act are each added to chapter 49.60 RCW.

NEW SECTION. Sec. 6.  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. 7.  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 shall take effect immediately.

                            --- END ---