Passed by the Senate April 21, 2009 YEAS 44   ________________________________________ President of the Senate Passed by the House April 8, 2009 YEAS 67   ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE SENATE BILL 5967 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/24/09.
AN ACT Relating to prohibiting unfair practices in public community athletics programs by prohibiting discrimination on the basis of sex; adding new sections to chapter 49.60 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35.61 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; adding a new section to chapter 36.68 RCW; adding a new section to chapter 36.69 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds and declares:
On June 23, 1972, President Richard Nixon signed into law Title IX
of the Education Amendments of 1972 to the 1964 Civil Rights Act. This
landmark legislation provides that: "No person in the United States
shall, on the basis of sex, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any
education program or activity receiving Federal financial
assistance...." Title IX has expanded opportunities for males as well
as females in educational programs and activities, including ensuring
access to athletic opportunities for girls and women in educational
institutions and to male and female staff to coaching and athletics
administrative positions in educational institutions. The dramatic
increases in participation rates at both the high school and college
levels since Title IX was passed show that when doors are opened to
women and girls, they will participate.
Further, ensuring equality in the state of Washington, the
legislature passed an amendment to the state Constitution, ratified by
the voters in November 1972, providing "Equality of rights and
responsibilities under the law shall not be denied or abridged on
account of sex." In 1975, Washington continued to be at the forefront
of this issue by adopting legislation that established our own
statutory version of the federal Title IX law that prohibited
"inequality in the educational opportunities afforded women and girls
at all levels of the public schools in Washington state."
Athletic opportunities provide innumerable benefits to
participants, including greater academic success, better physical and
psychological health, responsible social behaviors, and enhanced
interpersonal skills. Athletic scholarships make it possible for some
young people to attend college. The Washington state legislature,
recognizing the importance of full participation in athletics, has
passed numerous bills directed at achieving equity and eliminating
discrimination in intercollegiate athletics in the state's institutions
of higher education.
Despite advances in educational settings and efforts by some local
agencies to expand opportunities in community athletics programs,
discrimination still exists that limits these opportunities. It is the
intent of the legislature to expand and support equal participation in
athletics programs, and provide all sports programs equal access to
facilities administered by cities, towns, counties, metropolitan park
districts, park and recreation service areas, or park and recreation
districts.
Nothing in this act is intended to affect the holding in the
Washington state supreme court's ruling in Darrin v. Gould, 85 Wn.2d
859, 540 P.2d 882 (1975) and its progeny that held it is not acceptable
to discriminate in contact sports on the basis of sex.
NEW SECTION. Sec. 2 (1) No city, town, county, or district may
discriminate against any person on the basis of sex in the operation,
conduct, or administration of community athletics programs for youth or
adults. A third party receiving a lease or permit from a city, town,
county, district, or a school district, for a community athletics
program also may not discriminate against any person on the basis of
sex in the operation, conduct, or administration of community athletics
programs for youth or adults.
(2) The definitions in this subsection apply throughout this
section.
(a) "Community athletics program" means any athletic program that
is organized for the purposes of training for and engaging in athletic
activity and competition and that is in any way operated, conducted,
administered, or supported by a city, town, county, district, or school
district other than those offered by the school and created solely for
the students by the school.
(b) "District" means any metropolitan park district, park and
recreation service area, or park and recreation district.
NEW SECTION. Sec. 3 (1) By January 1, 2010, each city, town,
county, or district operating a community athletics program or issuing
permission to a third party for the operation of such program on its
facilities shall adopt a policy that specifically prohibits
discrimination against any person on the basis of sex in the operation,
conduct, or administration of community athletics programs for youth or
adults.
(2) It is the responsibility of each city, town, county, or
district operating a community athletics program or issuing permission
to a third party for the operation of such program on its facilities to
publish and disseminate this policy. At a minimum, the
nondiscrimination policy should be included in any publication that
includes information about the entity's own athletics programs, or
about obtaining a permit for operating athletics programs and on the
appropriate city, town, county, or district web site.
(3) School districts issuing permission to a third party for the
operation of a community athletics program on its facilities shall also
follow the provisions of this section but may modify and use existing
school district policies and procedures to the extent that is possible.
Nothing in this section may be construed to require school districts to
monitor compliance, investigate complaints, or otherwise enforce school
district policies as to third parties using school district facilities.
(4) Every city, town, county, or district covered by this section
should also publish the name, office address, and office telephone
number of the employee or employees responsible for its efforts to
comply with and carry out its responsibilities under this act.
NEW SECTION. Sec. 4 A new section is added to chapter 35.21 RCW
to read as follows:
The antidiscrimination provisions of section 2 of this act apply to
community athletics programs and facilities operated, conducted, or
administered by a city or town.
NEW SECTION. Sec. 5 A new section is added to chapter 35.61 RCW
to read as follows:
The antidiscrimination provisions of section 2 of this act apply to
community athletics programs and facilities operated, conducted, or
administered by a metropolitan park district.
NEW SECTION. Sec. 6 A new section is added to chapter 35A.21 RCW
to read as follows:
The antidiscrimination provisions of section 2 of this act apply to
community athletics programs and facilities operated, conducted, or
administered by a code city.
NEW SECTION. Sec. 7 A new section is added to chapter 36.01 RCW
to read as follows:
The antidiscrimination provisions of section 2 of this act apply to
community athletics programs and facilities operated, conducted, or
administered by a county.
NEW SECTION. Sec. 8 A new section is added to chapter 36.68 RCW
to read as follows:
The antidiscrimination provisions of section 2 of this act apply to
community athletics programs and facilities operated, conducted, or
administered by a park and recreation service area.
NEW SECTION. Sec. 9 A new section is added to chapter 36.69 RCW
to read as follows:
The antidiscrimination provisions of section 2 of this act apply to
community athletics programs and facilities operated, conducted, or
administered by a park and recreation district.
NEW SECTION. Sec. 10 Sections 2 and 3 of this act are each added
to chapter