S-1458

AN ACT Relating to the civil rights act of 2001; and adding a new chapter to Title 7 RCW.

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

NEW SECTION. Sec. 1. This chapter may be known and cited as the Washington state civil rights act of 2001.

NEW SECTION. Sec. 2. (1) The legislature recognizes that all political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights; and that a frequent recurrence to fundamental principles is essential to the security of individual right and the perpetuity of free government.

(2) The legislature declares that it is a fundamental principle that the state Constitution embodies public policy of the highest order and priority; that it is a compelling interest of the state of Washington to ensure that the provisions of the state Constitution are guaranteed and enforced in order to protect and maintain the liberties and individual rights of the people of the state of Washington; that the people of the state of Washington should be able to rely primarily upon the state Constitution for the protection of their liberties and individual rights; and that it is a legitimate exercise of the police power of the state of Washington to preserve the public peace, health, morals, and safety of the people of the state of Washington by establishing an enforcement mechanism for redress for violations of the state Constitution.

NEW SECTION. Sec. 3. (1) Every governmental entity that, under color of a statute, ordinance, regulation, custom, or usage, subjects or causes to be subjected, a citizen, inhabitant, or domiciliary of the state of Washington to the deprivation of any rights, privileges, or immunities secured by the Constitution of the state of Washington, is liable to the person injured in an action at law, suit in equity, or other proper proceeding for the redress.

(2) A person deeming himself or herself injured by any act in violation of this chapter may recover all damages sustained including, but not limited to, damages or remedies made available under the civil rights act of 1871 (42 U.S.C. Sec. 1983). Punitive damages, however, may not be recovered unless there is a separate statutory basis.

(3) The common law doctrine of qualified immunity may not be applied to shield any governmental entity from an action under this act.

(4) If a person has recovered damages, under the civil rights act of 1871 (42 U.S.C. Sec. 1983), for the conduct or actions of a governmental entity, he or she may not also recover under this act. In actions brought under this act, the court shall clearly state in the conclusions of law whether the damages have been awarded under the provisions of this act or the civil rights act of 1871.

(5) It is the intent of the legislature that persons who are injured by a violation of the state Constitution are eligible for redress, that future violations of the state Constitution be deterred thereby, and that this statute be construed liberally for the accomplishment of its declared purpose in this chapter. Nothing contained in this chapter shall be construed to deny the right of a person to institute an action or pursue any civil or criminal remedy based upon an alleged violation of his or her civil rights.

NEW SECTION. Sec. 4. (1) For purposes of this chapter, "governmental entity" means the state or any local government.

(2) For the purposes of this chapter, a governmental entity is liable for the act of an agency, instrumentality, officer, or employee done under color of a statute, ordinance, regulation, custom, or usage.

(3) For the purposes of this chapter, an officer, employee, or agent of a governmental entity is liable only to the extent that he or she acts under color of a statute, ordinance, regulation, custom, or usage.

(4) For the purposes of this chapter, "person" means a natural person, and does not include a corporation, business trust, estate, trust, partnership, association, joint venture, or other legal or commercial entity.

NEW SECTION. Sec. 5. In an action or proceeding to enforce a provision of this chapter, a court may impose actual damages but may not impose or levy as a remedy or otherwise any new or additional general or special tax, assessment, fee, or toll.

NEW SECTION. Sec. 6. In an action or proceeding to enforce a provision of this chapter, the prevailing party may recover any and all attorneys' fees and costs for any act in violation of this chapter, including but not limited to expert witness fees, to the same extent recoverable under RCW 49.60.030(2).

NEW SECTION. Sec. 7. This act applies prospectively only and not retroactively. It applies only to causes of action that arise on or after the effective date of this act.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act constitute a new chapter in Title 7 RCW.