SENATE BILL REPORT

SB 5459

BYSenators Fleming and McDermott

Requiring affirmative action plans for certain state contractors.

Senate Committee on Governmental Operations

Senate Hearing Date(s):February 26, 1987; March 2, 1987

Majority Report:  That Substitute Senate Bill No. 5459 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

      Signed by Senators Halsan, Chairman; Garrett, Vice Chairman; DeJarnatt, Talmadge.

Senate Staff:Walt Corneille (786-7452); Barbara Howard (786-7410)  March 3, 1987

Senate Committee on Ways & Means

Senate Hearing Date(s):March 6, 1987

Majority Report:  That Substitute Senate Bill No. 5459 as recommended by Committee on Governmental Operations be substituted therefor, and the substitute bill do pass.

      Signed by Senators McDermott, Chairman; Gaspard, Vice Chairman; Bauer, Fleming, Kreidler, Moore, Rinehart, Talmadge, Vognild, Warnke, Williams, Wojahn.

Senate Staff:Cayan Topacio (786-7433)

                  March 10, 1987

AS REPORTED BY COMMITTEE ON WAYS & MEANS, MARCH 6, 1987

BACKGROUND:

The State of Washington has established a policy against discrimination which is set forth in RCW 49.60.  By enacting RCW 49.60, the Legislature specifically found that discrimination is a matter of state concern and that it threatens the rights and privileges of its inhabitants as well as menaces the institutions and foundation of a free democratic state.

It has been suggested that the state as a trustee of public funds and in lieu of its policy against discrimination should take the necessary action to ensure that state contractors not practice discrimination.

SUMMARY:

It is declared that the State of Washington has a continuing responsibility to only expend public funds on contractors that do not practice discrimination.

A state contractor is required to submit for review and approval to the Human Rights Commission (Commission) an affirmative action plan.  Contractors subject to the chapter include employers with public works contracts of $100,000 or contracts for goods and services of $10,000 or more in any one year.

Affirmative action is defined as a procedure by which racial minorities, women, persons in the protected age category, persons with disabilities and Vietnam and disabled veterans are provided increased employment opportunities.  Affirmative action does not mean a quota system.

The Commission is given powers to:  investigate employment practices; review and approve affirmative action plans; adopt and implement rules governing affirmative action plans; notify specified parties of a contractor's noncompliance; issue declaratory rulings; and advise agencies on policy.

Procedures are established for processing and handling complaints and for enforcement of the chapter.  Penalties are established for violation of the chapter and for providing fraudulent information concerning compliance with chapter provisions.

Fiscal Note:      available

Effective Date:September 1, 1987

EFFECT OF PROPOSED SUBSTITUTE:

Included in the definition of a contract is any agreement with a state agency for consulting services.

Contractors located in or out of the state submitting a bid for a state contract shall submit an affirmative action plan.  If an affirmative action plan is included within the specifications of a construction contract, it is not required that a separate plan be submitted.

The act applies to contracts that are advertised for bids on or after the effective date of the act, September 1, 1987.

Senate Committee - Testified: GOVERNMENTAL OPERATIONS: William Gremley, self; Pat Thibaudeau, Washington Women United; Oscar Eason, Jr., Blacks in Government; Lois Hayasaka, Commission on Asian American Affairs; Manuel Contreras, Jr., Commission of Mexican-American Affairs; Maura Quiggle, Washington State Human Rights Commission; Mary Tennyson, Assistant Attorney General representing WSHRC; Jim Medina; Jim Bush, WSDOT

Senate Committee - Testified: WAYS & MEANS: William Gladden, Human Rights Commission