5474 AME JUD AMH-25

SB 5474 - H COMM AMD ADOPTED 4-17-93

By Committee on Judiciary

    On page 3, after line 32, strike everything through "chapter 19.86 RCW." on page 4, line 6 and insert the following subsection:

    "(3) ((Notwithstanding any other provisions of this chapter, any act)) Except for any unfair practice committed by an employer against an employee or a prospective employee, or any unfair practice in a real estate transaction which is the basis for relief specified in the amendments to RCW 49.60.225 contained in chapter . . . (House Bill 1476 section 9) Laws of 1993, any unfair practice prohibited by this chapter ((related to sex discrimination or discriminatory boycotts or blacklists)) which is committed in the course of trade or commerce ((in the state of Washington)) as defined in the Consumer Protection Act, chapter 19.86 RCW, ((shall be deemed an unfair practice within the meaning of RCW 19.86.020 and 19.86.030 and subject to all the provisions of chapter 19.86 RCW as now or hereafter amended)) is, for the purpose of applying that chapter, a matter affecting the public interest, is not reasonable in relation to the development and preservation of business, and is an unfair or deceptive act in trade or commerce."

SB 5474 - H COMM AMD

By Committee on Judiciary

    On page 5, line 34, after "institution" insert "; nor shall anything contained in this definition apply to any newspaper or other advertising media when selling or publishing advertisements"

SB 5474 - H COMM AMD

By Committee on Judiciary

    On page 6, after line 15, insert the following new section:

    "NEW SECTION. Sec. 5.  A new section is added to chapter 49.60 RCW to read as follows:

    (1) For purposes of the term "disability" as used in this chapter, homosexuality and bisexuality are not impairments and as such are not disabilities under this act.  Under this chapter, the term "disability" shall not include:

    (a) Transvestism, transsexualism, pedophilia, exhibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders;

    (b) Compulsive gambling, kleptomania, or pyromania; or

    (c) Psychoactive substance use disorders resulting from current illegal use of drugs.

    (2)(a) For purposes of this chapter, a person who is currently engaging in the illegal use of drugs, when the covered entity acts on the basis of such use, shall not be considered to have a disability.

    (b) Nothing in (a) of this subsection may be construed to exclude as an individual with a disability an individual who:

    (i) Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in such use;

    (ii) Is participating in a supervised rehabilitation program and is no longer engaging in such use; or

    (iii) Is erroneously regarded as engaging in such use, but is not engaging in such use;

except that it shall not be a violation of this chapter for a covered entity to adopt or administer reasonable policies or procedures, including but not limited to drug testing, designed to ensure that an individual described in (b) (i) or (ii) of this subsection is no longer engaging in the illegal use of drugs; however, nothing in this section may be construed to encourage, prohibit, restrict, or authorize the conducting of testing for the illegal use of drugs."

SB 5474 - H COMM AMD

By Committee on Judiciary

    On page 18, line 8, after "frivolous" strike "((,)) or unreasonable ((, groundless))" and insert ", unreasonable, or groundless"

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