PART I
TITLE AND INTENT
This act may be known and cited as the Washington state diversity, equity, and inclusion act.
The intent of the people in enacting this act is to guarantee every resident of Washington state equal opportunity and access to public education, public employment, and public contracting without discrimination based on their race, sex, color, ethnicity, national origin, age, sexual orientation, the presence of any sensory, mental, or physical disability, or honorably discharged veteran or military status. This is accomplished by: Restoring affirmative action into state law without the use of quotas or preferential treatment; defining the meaning of preferential treatment and its exceptions; and establishing a governor's commission on diversity, equity, and inclusion.
PART II
PROHIBITION OF DISCRIMINATION AND PREFERENTIAL TREATMENT
(1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity,
(2) This section applies only to action taken after December 3, 1998.
(3) This section does not affect any law or governmental action that does not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity,
(4) This section does not affect any otherwise lawful classification that:
(a) Is based on sex and is necessary for sexual privacy or medical or psychological treatment; or
(b) Is necessary for undercover law enforcement or for film, video, audio, or theatrical casting; or
(c) Provides for separate athletic teams for each sex.
(5) This section does not invalidate any court order or consent decree that is in force as of December 3, 1998.
(6) This section does not prohibit action that must be taken to establish or maintain eligibility for any federal program, if
(7) Nothing in this section prohibits schools established under chapter 28A.715 RCW from:
(a) Implementing a policy of Indian preference in employment; or
(b) Prioritizing the admission of tribal members where capacity of the school's programs or facilities is not as large as demand.
(8)
For the purposes of this chapter, "affirmative action" means
PART III
CREATION OF THE GOVERNOR'S COMMISSION ON DIVERSITY, EQUITY, AND INCLUSION
(1) There is created the governor's commission on diversity, equity, and inclusion. The commission is responsible for planning, directing, monitoring, and enforcing each state agency's compliance with this act. The commission may propose and oppose legislation and shall publish an annual report on the progress of all state agencies in achieving diversity, equity, and inclusion in public education, public employment, and public contracting.
(2) The governor's commission on diversity, equity, and inclusion shall be staffed and funded within the governor's biennial budget. The executive commission members shall be appointed by the governor and serve four-year terms:
(a) Lieutenant governor;
(b) Attorney general;
(c) Superintendent of public instruction;
(d) Commissioner of the department of employment security;
(e) Secretary of the department of transportation;
(f) Director of the department of enterprise services;
(g) Director of the office of minority and women's business enterprises;
(h) Director of the department of commerce;
(i) Director of the department of veterans affairs;
(j) Executive director of the human rights commission;
(k) Director of the office of financial management;
(l) Director of the department of labor and industries;
(m) Executive director of the governor's office of Indian affairs;
(n) Executive director of the Washington state women's commission;
(o) Executive director of the commission on African-American affairs;
(p) Executive director of the commission on Asian Pacific American affairs;
(q) Executive director of the commission on Hispanic affairs;
(r) Chair of the governor's committee on disability issues and employment;
(s) Chair of the council of presidents;
(t) Chair of the board for community and technical colleges;
(u) Chair of the workforce training and education coordinating board;
(v) Executive director of the board of education;
(w) Chair of the board of Washington STEM;
(x) Chair, officer, or director of a state agency or nonprofit organization representing the legal immigrant and refugee community;
(y) Chair, officer, or director of a state agency or nonprofit organization representing the lesbian, gay, bisexual, transgender, and queer community;
(z) Any other agencies or community representatives the governor deems necessary to carry out the objectives of the commission.
(3)(a) The commission shall also consist of the following legislatively appointed members:
(i) Two state senators, one from each of the two largest caucuses, appointed by the president of the senate;
(ii) Two members of the state house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives.
(b) Legislative members shall serve two-year terms, from the date of their appointment.
(4) Each commission member shall serve for the term of his or her appointment and until his or her successor is appointed. Any commission member listed in subsection (2) of this section, who serves by virtue of his or her office, shall be immediately replaced by his or her duly elected or appointed successor.
(5) A vacancy on the commission shall be filled within thirty days of the vacancy in the same manner as the original appointment.
PART IV
MISCELLANEOUS
Within three months following the effective date of this section, the office of program research and senate committee services shall prepare a joint memorandum and draft legislation to present to the appropriate committees of the legislature regarding any necessary changes to the Revised Code of Washington to bring nomenclature and processes in line with this act so as to fully effectuate and not interfere in any way with its intent. In preparing the memorandum and draft legislation, the office of program research and senate committee services shall consult with the sponsors of this initiative, the governor's committee on diversity, equity, and inclusion and the state human rights commission.
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.
For constitutional purposes, the subject of this act is "Diversity, Equity, and Inclusion."