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                                           ENGROSSED HOUSE BILL NO. 1448

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State of Washington                              50th Legislature                              1988 Regular Session

By Representatives Wineberry, Heavey, Anderson, Holland, Holm, Nelson, Hargrove, Locke, Jones and Unsoeld

Read first time 1/15/88 and referred to Committee on Ways & Means. Referred to Committee on Trade & Economic Development 1/18/88. Rereferred to Committee on Ways & Means 1/29/88.

AN ACT Relating to countries with apartheid policies; adding new sections to chapter 43.19 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.     The legislature hereby finds and declares that:

          (1) The countries of South Africa and Namibia are the only countries on this planet which constitutionally enshrine  political systems whereby a small minority of the population has the power and authority to separate, discriminate against, and deny fundamental political, social, and economic rights to, a far larger majority solely on the basis of race.

          (2) The policy of apartheid restricts the freedom of speech and the freedom of movement of black and colored persons in South Africa and Namibia.  In South Africa alone, this policy of apartheid relegates eighty-three percent of the nation's population to thirteen percent of the land area.

          (3) There has been continued unrest and mounting protests against the policy of apartheid in South Africa and Namibia, to which both governments have responded with force.

          (4) This system of apartheid is contrary to the basic religious and political assumptions underlying our nation, which hold that all people are created equal with the inalienable right to life, liberty, and the pursuit of happiness.  The present struggle by blacks and other members of the majority populations of South Africa and Namibia echo the call of our Declaration of Independence which recognized the right of an oppressed people to alter or abolish any form of government which becomes destructive to securing these basic human rights.

          (5) The United States of America has rejected the separate and unequal treatment of its citizens on the basis of race as ethically immoral and politically indefensible.

          (6) Residents of this state of all races, creeds, and religions regard the policies and practices of apartheid in South Africa, as they do repressive policies and practices in other countries, as repugnant to the principles of individual liberty, social justice, and political and social enfranchisement, which are fundamental to free societies everywhere. The opposition to apartheid reflects the deep and long-standing opposition of the American people to inequality and injustice wherever it may be found.

          (7) The purchase of products originating from South Africa and Namibia serves to support the economy of these nations and, in so doing, supports the policy of apartheid.

          (8) By refusing to purchase products originating from South Africa and Namibia, the free nations of the world can let it be known that the policy of apartheid will not be tolerated.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.19 RCW to read as follows:

          The definitions in this section apply throughout sections 3 and 4 of this act.

          (1) "Apartheid" means an official policy authorizing the denial of equal voting rights or political, educational, or economic rights on the basis of race.  This definition includes only the policies of South Africa and Namibia.

          (2) "Business firm" means any organization, association, corporation, partnership, venture, or other entity, its subsidiary, or affiliate which exists for profit-making purposes or to otherwise secure economic advantage.

          (3) "Governmental entity" means the central government of the referenced country or any instrumentality thereof.

          (4) "Originate" or "Originated" means manufactured in or shipped from as a port of export.

          (5) "State agency" means a governmental entity subject to either RCW 43.19.190(2) or 43.19.1911.

NEW SECTION. Sec. 3.  A new section is added to chapter 43.19 RCW to read as follows:

          (1) No state agency may contract with any business firm for the purchase of any finished product, supplies, or equipment unless the business firm stipulates, as a material condition of the contract, that none of the finished products, supplies, or equipment to be provided originated in a country that has an apartheid policy.

          (2) No state agency may contract for the purchase of any finished product, supplies, or equipment from any governmental entity representing a country that has an apartheid policy.

NEW SECTION. Sec. 4.  A new section is added to chapter 43.19 RCW to read as follows:

          Any business firm that enters into a contract to provide a state agency with finished products, supplies, or equipment and both knowingly and falsely stipulates that the finished products, supplies, or equipment did not originate in a country that has an apartheid policy, shall be liable for liquidated damages in an amount equal to one-half the contract purchase price.