[atlas:bill]

AN ACT Relating to providing entrepreneurial opportunities for disabled persons; adding new sections to chapter 39.19 RCW; creating a new section; providing an effective date; providing expiration dates; and declaring an emergency.

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

NEW SECTION. Sec. 1. A new section is added to chapter 39.19 RCW to read as follows:

(1) The legislature recognizes that disabled persons contracting independently or as owners of small businesses may initially: Lack capital to start a business; have increased costs for personal care attendants and assistive technology; and have difficulty competing economically because of a disability. The legislature further recognizes that these disadvantages diminish as the business grows in size and as employees become available for support. Therefore, it is the intent of this chapter to limit participation in the program established for disabled persons' business enterprises under this chapter to newly established businesses of small size.

(2) The legislature finds that businesses owned and controlled by disabled persons are significantly underrepresented and have been denied equitable competitive opportunities in contracting. It is the intent of this chapter to mitigate societal discrimination and other factors in participating in public works and in providing goods and services and to delineate a policy that an increased level of participation by businesses owned and controlled by disabled persons is desirable at all levels of state government. The purpose and intent of this chapter is to provide the maximum practicable opportunity for increased participation by businesses owned and controlled by disabled persons in participating in public works and the process by which goods and services are procured by state agencies and educational institutions from the private sector. The legislature further finds that no court has held that a program which promotes contracting opportunities for businesses owned and controlled by disabled persons must be subjected to the strict-scrutiny standard or must be justified by a disparity study. If a court of proper jurisdiction determines that the program for disabled persons is subject to the strict-scrutiny standard or must be justified by a disparity study, the program may be suspended until the legislature determines a proper course of action.

(3) This section expires June 30, 2004.

NEW SECTION. Sec. 2. A new section is added to chapter 39.19 RCW to read as follows:

(1) The provisions of RCW 39.19.030 through 39.19.060, 39.19.080 through 39.19.160, and 39.19.200 through 39.19.921 shall apply to businesses that are owned and controlled by disabled persons. The certification of businesses that are owned and controlled by disabled persons, is subject to the following restrictions: (a) The business may not have more than seven employees; and (b) no more than eighty applicants for certification may be accepted per year.

(2) Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter. The term "disabled person" means a person with a physical or mental impairment that substantially limits a major life activity. The impairment must be material and medically cognizable or diagnosable. The impairment must also be permanent in that it is seldom significantly corrected by medical replacement, therapy, or surgical means. Impairment does not include drug or alcohol addiction or any negative effects brought on by the use of drugs or alcohol.

(3) This section expires June 30, 2004.

NEW SECTION. Sec. 3. 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. 4. If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this act is inoperative solely to the extent of the conflict and with respect to the agencies directly affected, and this finding does not affect the operation of the remainder of this act in its application to the agencies concerned. Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 1999.