AN ACT Relating to certification programs for minority and women's business enterprises; adding new sections to chapter 39.19 RCW; adding new sections to chapter 43.131 RCW; repealing RCW 39.19.010, 39.19.020, 39.19.030, 39.19.040, 39.19.050, 39.19.060, 39.19.070, 39.19.080, 39.19.090, 39.19.910, 39.19.920, and 39.19.900; and providing an effective date.

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

NEW SECTION. Sec. 1. A new section is added to chapter 39.19 RCW to read as follows:

(1) The purpose of this section is to prevent duplication of effort and achieve efficiency in certification of minority and women's business enterprises throughout the state.

(2) The office shall identify certification programs that are similar in purpose to the certification program of the office and operated by any state agency, public corporation created by the state, city, county, town, special purpose district, municipal corporation, or quasi-municipal corporation.

(3) Any business having a current certification under this chapter as a minority and women's business enterprise shall be deemed as currently certified under the certification programs identified under subsection (2) of this section.

(4) Any city, county, town, special purpose district, public corporation created by the state, municipal corporation, or quasi-municipal corporation having reason to believe that a particular minority and women's business enterprise should not have been certified under subsection (3) of this section may petition the office for reconsideration. A petitioner shall rely on grounds that: (a) The office's rules or regulations were improperly applied; or (b) material facts of the minority and women's business enterprise's certification application to the office are untrue. The petitioner shall carry the burden of persuasion. The affected minority and women's business enterprise shall receive written notice of a petition and an opportunity to respond. The office shall issue a written decision. If the office grants a petition it shall revoke, suspend, or refuse to renew the certification for the purposes of the petitioner's public contracts and may reconsider the certification under this chapter. The office's decision on a petition is administratively final. No cause of action is created against a petitioner for actions taken under this subsection in good faith. A certification under subsection (3) of this section remains in effect while a petition is pending until the office revokes, suspends, or fails to renew.

NEW SECTION. Sec. 2. A new section is added to chapter 39.19 RCW to read as follows:

No business which is owned by a woman and in which her nonminority husband is active may be certified under this chapter. For the purposes of this section "active" means involvement as officer, board member, employee or independent contractor with the business.

NEW SECTION. Sec. 3. A new section is added to chapter 39.19 RCW to read as follows:

The office shall review its rules, standards, and criteria pertaining to the certification program created under RCW 39.19.030(7) to ensure that the office has established a reasonable and rigorous certification program.

In conducting this review, the office shall actively consult with appropriate state and local officials who administer similar certification programs.

The office shall complete the review no later than January 1, 1987.

NEW SECTION. Sec. 4. Section 1 of this act shall take effect on January 1, 1987.

NEW SECTION. Sec. 5. A new section is added to chapter 43.131 RCW to read as follows:

The office of minority and women's business enterprises and its powers and duties shall be terminated on June 30, 1988, as provided in section 6 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 43.131 RCW to read as follows:

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 1989:

(1) Section 1, chapter 120, Laws of 1983 and RCW 39.19.010;

(2) Section 2, chapter 120, Laws of 1983 and RCW 39.19.020;

(3) Section 3, chapter 120, Laws of 1983 and RCW 39.19.030;

(4) Section 4, chapter 120, Laws of 1983, section 45, chapter 466, Laws of 1985 and RCW 39.19.040;

(5) Section 5, chapter 120, Laws of 1983 and RCW 39.19.050;

(6) Section 6, chapter 120, Laws of 1983 and RCW 39.19.060;

(7) Section 7, chapter 120, Laws of 1983 and RCW 39.19.070;

(8) Section 8, chapter 120, Laws of 1983 and RCW 39.19.080;

(9) Section 9, chapter 120, Laws of 1983 and RCW 39.19.090;

(10) Section 21, chapter 120, Laws of 1983 and RCW 39.19.910;

(11) Section 18, chapter 120, Laws of 1983 and RCW 39.19.920; and

(12) Section 1 of this act and RCW 39.19.---.

NEW SECTION. Sec. 7. Section 19, chapter 120, Laws of 1983 and RCW 39.19.900 are each repealed effective September 30, 1986.