S-4600               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5300

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senate Committee on Economic Development & Labor (originally sponsored by Senators Lee, Smitherman, Murray, West, Anderson, Johnson, Williams, Rasmussen and McMullen; by request of Department of Labor and Industries)

Read first time 1/26/90.

AN ACT Relating to women and minority races in apprenticeship; amending RCW 49.04.100, 49.04.110, 49.04.120, and 49.04.130; and amending section 1, chapter 183, Laws of 1969 ex. sess. (uncodified).

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

        Sec. 1.  Section 2, chapter 183, Laws of 1969 ex. sess. as amended by section 17, chapter 6, Laws of 1985 and RCW 49.04.100 are each amended to read as follows:

          Joint apprenticeship programs entered into under authority of chapter 49.04 RCW and which receive any state assistance in instructional or other costs, shall ((as a part thereof)) include entrance of ((minority races)) women and racial minorities in such program, when available, in a ratio not less than the ((ratio which the minority race represents in population to the actual population in the city or trade area concerned)) percentage of the minority race and female (minority and nonminority) labor force in the program sponsor's labor market area, based on current census figures issued by the office of financial management with the ultimate goal of obtaining the proportionate ratio of representation in the total program membership.  Where minimum standards have been set for entering upon any such apprenticeship program, this woman and racial minority ((race)) representation shall be filled when women and racial minority ((race)) applicants have met such minimum standards and irrespective of individual ranking among all applicants seeking to enter the program:  PROVIDED, That nothing in RCW 49.04.100 through 49.04.130 will affect the total number of entrants into the apprenticeship program or modify the dates of entrance both as established by the joint apprenticeship committee.  Racial minority ((race)) for the purposes of RCW ((49.04.100 through)) 49.04.130 shall include ((Blacks, Mexican Americans or Spanish Americans, Orientals and Indians or Filipinos)) African Americans, Asian Americans, Hispanic Americans, Native Americans, Filipinos, and all other racial minority groups.

        Sec. 2.  Section 3, chapter 183, Laws of 1969 ex. sess. and RCW 49.04.110 are each amended to read as follows:

          When it shall appear to the department of labor and industries that any apprenticeship program referred to in RCW 49.04.100 has failed to comply with the woman or racial minority ((race)) representation requirement hereinabove in such section referred to by January 1, 1970, which fact shall be determined by reports the department may request or in such other manner as it shall see fit, then the same shall be deemed prima facie evidence of noncompliance with RCW 49.04.100 through 49.04.130 and thereafter no state funds or facilities shall be expended upon such program:  PROVIDED, That prior to such withdrawal of funds evidence shall be received and state funds or facilities shall not be denied if there is a showing of a genuine effort to comply with the provisions of RCW 49.04.100 through 49.04.130 as to entrance of ((minority races)) women and racial minorities into the program.  The director shall notify the appropriate federal authorities if there is noncompliance with the woman and racial minority ((race)) representation qualification under any apprenticeship program as provided for in RCW 49.04.100 through 49.04.130.

        Sec. 3.  Section 4, chapter 183, Laws of 1969 ex. sess. and RCW 49.04.120 are each amended to read as follows:

          Every community college, vocational school, or high school carrying on a program of vocational education shall make every effort to enlist woman and racial minority ((race)) representation in the apprenticeship programs within the state and are authorized to carry out such purpose in such ways as they shall see fit.

        Sec. 4.  Section 5, chapter 183, Laws of 1969 ex. sess. and RCW 49.04.130 are each amended to read as follows:

          Every employer and employee organization as well as the apprenticeship council and local and state apprenticeship committees and vocational schools shall make every effort to enlist woman and racial minority ((race)) representation in the apprenticeship programs of the state and shall be aided therein by the department of labor and industries insofar as such department may be able to so do without undue interference with its other powers and duties.  In addition, the legislature, in fulfillment of the public welfare, mandates those involved in apprenticeship training with the responsibility of making every effort to see that woman and racial minority ((race)) representatives in such programs pursue the same to a successful conclusion ((thereof)).

        Sec. 5.  Section 1, chapter 183, Laws of 1969 ex. sess. (uncodified) is amended to read as follows:

          It is the policy of the legislature and the purpose of this act to provide every citizen in this state a reasonable opportunity to enjoy employment and other associated rights, benefits, privileges, and to help ((citizens of minority races)) women and racial minorities realize in a greater measure the goals upon which this nation and this state were founded.  All the provisions of this act shall be liberally construed to achieve these ends, and administered and enforced with a view to carry out the above declaration of policy.