BP BHEAD INT S [atlas:bill]

AN ACT Relating to economic equal opportunity and prohibiting discrimination; adding a new chapter to Title 49 RCW; and providing for submission of this act to a vote of the people.

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

NEW SECTION. Sec. 1. This chapter may be known and cited as the economic equal opportunity act.

NEW SECTION. Sec. 2. The legislature shall establish a commission on public affirmative action policy. The purpose of the commission is to establish public affirmative action policies based on economic disadvantage, develop a plan for implementing those policies, and monitor ongoing compliance with those policies. The commission shall also establish public affirmative action policies that eliminate sex and race as criteria for affirmative action, except as provided in subsection (3) of this section.

(1) The commission consists of five members. The speaker of the house of representatives, the minority leader of the house of representatives, the majority leader of the senate, the minority leader of the senate, and the governor shall each appoint one member of the commission. No member of the legislature may concurrently serve on the commission.

(2) The commission shall develop criteria for public affirmative action policies. These criteria shall take into consideration the following:

(a) Characteristics of family;

(b) Income;

(d) Geographic location; and

(e) Other socioeconomic factors that the commission deems relevant.

(3) In developing criteria for public affirmative action policies, the commission may consider the temporary use of sex and race as bases for those policies, to eliminate the evident effects of documented past discrimination in public hiring, contracting, and college admissions.

(4) The commission may use outreach, recruiting, and preparatory programs to eliminate the effects of past discrimination and promote equal economic opportunity.

(5) The commission shall present its recommendations to the legislature no later than December 1, 2000. The commission shall include in its recommendations a plan that provides for full implementation of the commission's recommendations no later than December 1, 2002.

NEW SECTION. Sec. 3. The commission on public affirmative action policy shall make recommendations for agencies and institutions on how to eradicate the "glass ceiling" phenomenon. For the purposes of this chapter, "glass ceiling" means barriers that prevent fully qualified women and minorities from advancing in the hierarchy of public institutions. The commission shall present its recommendations regarding this section to the legislature no later than December 1, 2000.

NEW SECTION. Sec. 4. (1) The state is prohibited from using quotas that require hiring or selecting persons in public employment, education, and contracting based on race, sex, color, ethnicity, or national origin.

(2) No affirmative action program operated by the state may hire or select unqualified persons.

(3) For the purposes of this section, "quota" means a fixed number or percentage that must be attained or cannot be exceeded and that would violate the United States Constitution.

(4) For the purposes of this chapter, "state" includes, but is not limited to, the state itself, any city, county, public college or university, community college, school district, special district, or other political subdivision or governmental instrumentality of or within the state.

(5) Nothing in this section limits the ability of courts to correct the effects of, or to prevent, discrimination.

(6) Nothing in this section prohibits action reasonably taken to ensure eligibility for any federal program, if ineligibility could result in a loss of federal funds to the state.

NEW SECTION. Sec. 5. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 6. Sections 1 through 5 of this act constitute a new chapter in Title 49 RCW.

NEW SECTION. Sec. 7. This act constitutes an alternative to Initiative 200. The secretary of state shall place this act on the ballot in conjunction with Initiative 200 at the next regular general election.