H-1555.1  _______________________________________________

                          HOUSE BILL 2067

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Radcliff, McMorris, Clements, Esser and Campbell

Read first time 02/15/1999.  Referred to Committee on State Government.

Creating the civil rights oversight council to monitor implementation of Initiative 200.

    AN ACT Relating to implementing chapter 3, Laws of 1999; creating new sections; and providing an expiration date.

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

NEW SECTION. Sec. 1.  On November 3, 1998, over fifty-eight percent of Washington voters approved Initiative 200.  With the passage of the initiative, "... public agencies are prohibited from discriminating against or granting preferential treatment to individuals or groups based on race, sex, color, ethnicity, or national origin in public employment, public education, or public contracting."

    During the public debate, public officials made statements that displayed confusion regarding the intent and effect of the new law.  One high-ranking opponent declared "... the passage of I-200 would abolish affirmative action."  But a chief proponent affirmed that I-200 will not ban affirmative action, and that "... recruitment and outreach are one thing; preferences based on skin color are another."  Other public officials declared that policies under their control will continue "no matter what the people of Washington may decide on Initiative 200."

    The purpose of this act is to ensure that chapter 3, Laws of 1999 (Initiative 200), is implemented in a manner consistent with the will of the voters, the Washington state Constitution, and the Constitution of the United States.

    The legislature finds that while banning discrimination and preferential treatment, Initiative 200 does not prohibit all affirmative action measures, such as those that serve to reach out to individuals or groups for the purpose of providing equal opportunity for access to public benefits.

    Therefore, it is the intent of the legislature to create the civil rights oversight council to examine the implementation of Initiative 200.

NEW SECTION. Sec. 2.  (1) The civil rights oversight council is created consisting of:  Two members of the house of representatives, one from each of the two largest caucuses, appointed by the co-speakers; two members of the senate, one from each of the two largest caucuses, appointed by the president of the senate; two members appointed by the governor; and one member, appointed by the attorney general, who will serve as the chair.  The chair shall call meetings of the council, with at least one meeting each month from July 1999 through December 1999.

    (2) The council shall:

    (a) Examine the Revised Code of Washington to identify statutes impeding implementation of chapter 3, Laws of 1999;

    (b) Receive reports from public agencies affected by chapter 3, Laws of 1999, to evaluate their efforts to implement chapter 3, Laws of 1999;

    (c) Review the number and type of grievances that have been filed against public agencies by persons seeking remedy under chapter 3, Laws of 1999;

    (d) Compile findings that summarize implementation status, grievance filings, and statutory impediments to judicious implementation of chapter 3, Laws of 1999;

    (e) Report its findings to the appropriate committees of the legislature by February 1, 2000.

    (3) Each nonlegislative member of the council shall be reimbursed for travel expenses in accordance with RCW 43.03.050 and 43.03.060.  The council shall use legislative facilities and staff from senate committee services and the office of program research.

    (4) The council expires July 1, 2001.

NEW SECTION. Sec. 3.  This act expires July 1, 2001.

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