BILL REQ. #:  Z-0545.1 



_____________________________________________ 

SENATE BILL 5557
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State of Washington62nd Legislature2011 Regular Session

By Senators Prentice, Chase, Hobbs, White, McAuliffe, Nelson, Hargrove, Kastama, Regala, Rockefeller, Hatfield, and Shin; by request of Governor Gregoire

Read first time 01/28/11.   Referred to Committee on Government Operations, Tribal Relations & Elections.



     AN ACT Relating to the Washington state office of civil rights; amending RCW 42.17.2401, 42.17A.705, 43.03.028, 43.17.010, 43.17.020, 39.19.020, 39.19.030, 39.19.060, 39.19.070, 39.19.075, 39.19.080, 39.19.120, 39.19.150, 39.19.170, 39.19.200, 39.19.240, 39.19.250, 39.10.220, 39.10.385, 39.10.450, 39.102.100, 43.63A.690, 49.60.010, 49.60.040, 49.60.100, 49.60.120, 49.60.150, 49.60.160, 49.60.170, 49.60.180, 49.60.226, 49.60.230, 49.60.240, 49.60.250, 49.60.260, 49.60.270, 49.60.310, 49.60.320, 49.60.340, 49.60.350, 49.60.360, 49.60.370, 2.56.031, 13.06.050, 28B.10.912, 28B.10.916, 28B.110.030, 28B.110.050, 34.12.037, 43.01.135, 43.43.340, 49.44.090, 49.74.010, 49.74.020, 49.74.030, 49.74.040, 43.60A.190, 43.60A.195, and 43.60A.200; reenacting and amending RCW 47.28.030, 43.86A.060, and 41.06.150; adding new sections to chapter 39.19 RCW; adding a new section to chapter 41.06 RCW; creating new sections; recodifying RCW 43.60A.190, 43.60A.195, and 43.60A.200; repealing RCW 39.19.010, 39.19.041, 39.19.140, 39.19.910, 39.19.920, 39.19.921, 41.06.082, 49.60.050, 49.60.051, 49.60.060, 49.60.070, 49.60.080, 49.60.090, 49.60.130, 49.60.390, 43.113.005, 43.113.010, 43.113.020, 43.113.030, 43.115.010, 43.115.020, 43.115.030, 43.115.040, 43.115.045, 43.115.060, 43.115.900, 43.117.010, 43.117.020, 43.117.030, 43.117.040, 43.117.050, 43.117.060, 43.117.070, 43.117.080, 43.117.090, 43.117.100, and 43.117.900; prescribing penalties; providing effective dates; providing expiration dates; and declaring an emergency.

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

PART I
OFFICE OF CIVIL RIGHTS CREATED

NEW SECTION.  Sec. 101   The legislature declares that it is the public policy of this state to ensure political, social, and economic opportunity for all of its citizens. It is the intent of this act to provide equal access for all to the privileges and opportunities protected by the state. It is also the intent of this act to provide fair, impartial, and independent processes to protect against discrimination.

NEW SECTION.  Sec. 102   A new section is added to chapter 39.19 RCW to read as follows:
     (1) The office of civil rights is created as an executive branch agency. The agency is vested with all powers and duties transferred to it under this act and such other powers and duties as may be authorized by law.
     (2) Any powers, duties, and functions assigned to the human rights commission, office of minority and women's business enterprises, the commission on African-American affairs, commission on Asian Pacific American affairs, and commission on Hispanic affairs shall be transferred to the office of civil rights as set forth in this act.
     (3) The primary duties of the office are:
     (a) To exercise the police powers of the state in accordance with chapter 49.60 RCW;
     (b) To provide the maximum practicable opportunity for increased participation of minority, women, and veteran-owned and controlled businesses 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;
     (c) To advise the governor, legislature, and other state agencies on public policy that affects Washington citizens that, for economic, social, cultural, and historical reasons, a disproportionate number find themselves disadvantaged or isolated from the benefits of equal opportunity.

NEW SECTION.  Sec. 103   A new section is added to chapter 39.19 RCW to read as follows:
     (1) The executive head and appointing authority of the office is the director. The director shall be appointed by the governor, subject to confirmation by the senate. The director shall serve at the pleasure of the governor. The director shall be paid a salary fixed by the governor in accordance with RCW 43.03.040. If a vacancy occurs in the position of director while the senate is not in session, the governor shall make a temporary appointment until the next meeting of the senate at which time he or she shall present to that body his or her nomination for the position.
     (2) The director may appoint a deputy director and such assistant directors and special assistants as may be needed to administer the department, who shall be exempt from the provisions of chapter 41.06 RCW. In addition, the director may employ staff members, who shall be exempt from chapter 41.06 RCW, necessary to administer this chapter, chapter 49.60 RCW, and such other duties as may be authorized by law. The director may delegate any power or duty vested in him or her by this chapter or other law, including authority to make final decisions and enter final orders in hearings conducted under chapter 34.05 RCW.
     (3) The director may create such administrative structures as the director considers appropriate, except as otherwise specified by law. The director may employ such personnel as necessary for the general administration of the office. This employment shall be in accordance with the state civil service law, chapter 41.80 RCW, except as otherwise provided.

NEW SECTION.  Sec. 104   A new section is added to chapter 39.19 RCW to read as follows:
     The director shall:
     (1) Supervise and administer the activities of the office of civil rights;
     (2) Exercise all the powers and perform all the duties prescribed by law with respect to the administration of chapter 49.60 RCW including:
     (a) To appoint such investigators, examiners, and other employees as deemed necessary to carry out the duties of chapter 49.60 RCW;
     (b) To adopt, amend, and rescind suitable rules to carry out the provisions of chapter 49.60 RCW, and the policies and practices of the office in connection therewith; and
     (c) To receive, impartially investigate or contract for an impartial investigation if a conflict of interest arises from the complaint, and pass upon complaints alleging unfair practices as defined in chapter 49.60 RCW;
     (3) In addition to other powers and duties granted to the director, have the following powers and duties:
     (a) Enter into contracts on behalf of the state to carry out the purposes of this chapter;
     (b) Accept and expend gifts and grants that are related to the purposes of this act, whether such grants be of federal or other funds;
     (c) Apply for grants from public and private entities, and receive and administer any grant funding received for the purpose and intent of this act;
     (d) Adopt rules in accordance with chapter 34.05 RCW and perform all other functions necessary and proper to carry out the purposes of this act;
     (e) Delegate powers, duties, and functions as the director deems necessary for efficient administration, but the director shall be responsible for the official acts of the officers and employees of the office; and
     (f) Perform other duties as are necessary and consistent with law.

NEW SECTION.  Sec. 105   A new section is added to chapter 41.06 RCW to read as follows:
     In addition to the exemptions under RCW 41.06.070, the provisions of this chapter shall not apply in the office of civil rights to the director, the director's confidential secretary, and any other exempt staff members provided for in section 103 of this act.

Sec. 106   RCW 42.17.2401 and 2009 c 565 s 24 are each amended to read as follows:
     For the purposes of RCW 42.17.240, the term "executive state officer" includes:
     (1) The chief administrative law judge, the director of agriculture, the administrator of the Washington basic health plan, the director of the department of services for the blind, the director of the office of civil rights, the director of the state system of community and technical colleges, the director of commerce, the secretary of corrections, the director of early learning, the director of ecology, the commissioner of employment security, the chair of the energy facility site evaluation council, the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, ((the executive secretary of the human rights commission,)) the executive secretary of the indeterminate sentence review board, the director of the department of information services, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, ((the director of the office of minority and women's business enterprises,)) the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the executive director of the Puget Sound partnership, the director of the recreation and conservation office, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, and each district and each campus president of each state community college;
     (2) Each professional staff member of the office of the governor;
     (3) Each professional staff member of the legislature; and
     (4) Central Washington University board of trustees, the boards of trustees of each community college and each technical college, each member of the state board for community and technical colleges, state convention and trade center board of directors, committee for deferred compensation, Eastern Washington University board of trustees, Washington economic development finance authority, The Evergreen State College board of trustees, executive ethics board, forest practices appeals board, forest practices board, gambling commission, life sciences discovery fund authority board of trustees, Washington health care facilities authority, each member of the Washington health services commission, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, ((human rights commission,)) indeterminate sentence review board, board of industrial insurance appeals, information services board, recreation and conservation funding board, state investment board, commission on judicial conduct, legislative ethics board, liquor control board, lottery commission, marine oversight board, Pacific Northwest electric power and conservation planning council, parks and recreation commission, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public pension commission, shorelines hearings board, public employees' benefits board, salmon recovery funding board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington state maritime commission, Washington personnel resources board, Washington public power supply system executive board, Washington State University board of regents, Western Washington University board of trustees, and fish and wildlife commission.

Sec. 107   RCW 42.17A.705 and 2010 c 204 s 902 are each amended to read as follows:
     For the purposes of RCW 42.17A.700, "executive state officer" includes:
     (1) The chief administrative law judge, the director of agriculture, the director of the department of services for the blind, the director of the office of civil rights, the director of the state system of community and technical colleges, the director of commerce, the secretary of corrections, the director of early learning, the director of ecology, the commissioner of employment security, the chair of the energy facility site evaluation council, the secretary of the state finance committee, the director of financial management, the director of fish and wildlife, the executive secretary of the forest practices appeals board, the director of the gambling commission, the director of general administration, the secretary of health, the administrator of the Washington state health care authority, the executive secretary of the health care facilities authority, the executive secretary of the higher education facilities authority, the executive secretary of the horse racing commission, ((the executive secretary of the human rights commission,)) the executive secretary of the indeterminate sentence review board, the director of the department of information services, the executive director of the state investment board, the director of labor and industries, the director of licensing, the director of the lottery commission, ((the director of the office of minority and women's business enterprises,)) the director of parks and recreation, the director of personnel, the executive director of the public disclosure commission, the executive director of the Puget Sound partnership, the director of the recreation and conservation office, the director of retirement systems, the director of revenue, the secretary of social and health services, the chief of the Washington state patrol, the executive secretary of the board of tax appeals, the secretary of transportation, the secretary of the utilities and transportation commission, the director of veterans affairs, the president of each of the regional and state universities and the president of The Evergreen State College, and each district and each campus president of each state community college;
     (2) Each professional staff member of the office of the governor;
     (3) Each professional staff member of the legislature; and
     (4) Central Washington University board of trustees, the boards of trustees of each community college and each technical college, each member of the state board for community and technical colleges, state convention and trade center board of directors, Eastern Washington University board of trustees, Washington economic development finance authority, Washington energy northwest executive board, The Evergreen State College board of trustees, executive ethics board, fish and wildlife commission, forest practices appeals board, forest practices board, gambling commission, Washington health care facilities authority, higher education coordinating board, higher education facilities authority, horse racing commission, state housing finance commission, ((human rights commission,)) indeterminate sentence review board, board of industrial insurance appeals, information services board, state investment board, commission on judicial conduct, legislative ethics board, life sciences discovery fund authority board of trustees, liquor control board, lottery commission, Pacific Northwest electric power and conservation planning council, parks and recreation commission, Washington personnel resources board, board of pilotage commissioners, pollution control hearings board, public disclosure commission, public employees' benefits board, recreation and conservation funding board, salmon recovery funding board, shorelines hearings board, board of tax appeals, transportation commission, University of Washington board of regents, utilities and transportation commission, Washington State University board of regents, and Western Washington University board of trustees.

Sec. 108   RCW 43.03.028 and 2010 1st sp.s. c 7 s 2 are each amended to read as follows:
     (1) The department of personnel shall study the duties and salaries of the directors of the several departments and the members of the several boards and commissions of state government, who are subject to appointment by the governor or whose salaries are fixed by the governor, and of the chief executive officers of the following agencies of state government:
     The arts commission; ((the human rights commission;)) the board of accountancy; the board of pharmacy; the eastern Washington historical society; the Washington state historical society; the recreation and conservation office; the criminal justice training commission; the department of personnel; the state library; the traffic safety commission; the horse racing commission; the advisory council on vocational education; the public disclosure commission; the state conservation commission; ((the commission on Hispanic affairs; the commission on Asian Pacific American affairs;)) the state board for volunteer firefighters and reserve officers; the transportation improvement board; the public employment relations commission; the forest practices appeals board; and the energy facilities site evaluation council.
     (2) The department of personnel shall report to the governor or the chairperson of the appropriate salary fixing authority at least once in each fiscal biennium on such date as the governor may designate, but not later than seventy-five days prior to the convening of each regular session of the legislature during an odd-numbered year, its recommendations for the salaries to be fixed for each position.

Sec. 109   RCW 43.17.010 and 2009 c 565 s 25 are each amended to read as follows:
     There shall be departments of the state government which shall be known as (1) the department of social and health services, (2) the department of ecology, (3) the department of labor and industries, (4) the department of agriculture, (5) the department of fish and wildlife, (6) the department of transportation, (7) the department of licensing, (8) the department of general administration, (9) the department of commerce, (10) the department of veterans affairs, (11) the department of revenue, (12) the department of retirement systems, (13) the department of corrections, (14) the department of health, (15) the department of financial institutions, (16) the department of archaeology and historic preservation, (17) the department of early learning, ((and)) (18) the Puget Sound partnership, and (19) the office of civil rights, which shall be charged with the execution, enforcement, and administration of such laws, and invested with such powers and required to perform such duties, as the legislature may provide.

Sec. 110   RCW 43.17.020 and 2009 c 565 s 26 are each amended to read as follows:
     There shall be a chief executive officer of each department to be known as: (1) The secretary of social and health services, (2) the director of ecology, (3) the director of labor and industries, (4) the director of agriculture, (5) the director of fish and wildlife, (6) the secretary of transportation, (7) the director of licensing, (8) the director of general administration, (9) the director of commerce, (10) the director of veterans affairs, (11) the director of revenue, (12) the director of retirement systems, (13) the secretary of corrections, (14) the secretary of health, (15) the director of financial institutions, (16) the director of the department of archaeology and historic preservation, (17) the director of early learning, ((and)) (18) the executive director of the Puget Sound partnership, and (19) the director of the office of civil rights.
     Such officers, except the director of fish and wildlife, shall be appointed by the governor, with the consent of the senate, and hold office at the pleasure of the governor. The director of fish and wildlife shall be appointed by the fish and wildlife commission as prescribed by RCW 77.04.055.

PART II
POLICIES AND PROGRAMS TRANSFERRED FROM THE OFFICE OF MINORITY AND WOMEN-OWNED BUSINESSES

Sec. 201   RCW 39.19.020 and 1996 c 69 s 4 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) (("Advisory committee" means the advisory committee on minority and women's business enterprises.
     (2)
)) "Broker" means a person that provides a bona fide service, such as professional, technical, consultant, brokerage, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials, or supplies required for performance of a contract.
     (2) "Certified business" means a business that has been examined by the office of civil rights and deemed to be a minority business enterprise, a women's business enterprise, a minority woman's business enterprise, a combination business enterprise, socially and economically disadvantaged business enterprise, or a veteran-owned business enterprise.
     (3) "Combination business enterprise" means a small business concern, organized for profit, performing a commercially useful function, which is legitimately owned and controlled fifty percent by one or more minority men or minority business enterprises certified by the office and fifty percent legitimately owned and controlled by one or more nonminority women or women's business enterprises certified by the office. The owners must be United States citizens or lawful permanent residents.
     (4)
"Director" means the director of the office of ((minority and women's business enterprises)) civil rights.
     (((4))) (5) "Educational institutions" means the state universities, the regional universities, The Evergreen State College, and the community colleges.
     (((5))) (6) "Goals" means ((annual)) overall ((agency)) goals, expressed as a percentage of dollar volume, for participation by ((minority and women-owned and controlled)) certified businesses and shall not be construed as a minimum goal for any particular contract or for any particular geographical area. It is the intent of this chapter that such overall ((agency)) goals shall be achievable and shall be met on a contract-by-contract or class-of-contract basis.
     (((6))) (7) "Goods and/or services" includes professional services and ((all other)) purchased goods and services.
     (((7))) (8) "Minority business enterprise" means a small business concern, organized for profit, performing a commercially useful function, which is legitimately owned and controlled by one or more minority individuals or minority business enterprises certified by the office. The minority owners must be United States citizens or lawful permanent residents.
     (9) "Minority women's business enterprise" means a small business concern, organized for profit, performing a commercially useful function, which is legitimately owned and controlled by one or more minority women and is certified by the office. The minority women owners must be United States citizens or lawful permanent residents.
     (10)
"Office" means the office of ((minority and women's business enterprises)) civil rights.
     (((8))) (11) "Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons.
     (((9))) (12) "Personal services" means professional or technical services provided by a consultant to accomplish a specific study, project, task, or other work statement. A consultant is an objective advisor who renders professional opinions, judgments, or recommendations.
     (13) "Plan" means the supplier diversity plan submitted by the state agency or educational institution and approved by the office.
     (14)
"Procurement" means the purchase, lease, or rental of any goods or services.
     (((10))) (15) "Public works" means all work, construction, highway and ferry construction, alteration, repair, or improvement other than ordinary maintenance, which a state agency or educational institution is authorized or required by law to undertake.
     (((11))) (16) "Socially and economically disadvantaged business enterprise" means a small business concern, organized for profit, performing a commercially useful function, which is legitimately owned and controlled by one or more socially and economically disadvantaged individuals or socially and economically disadvantaged business enterprises certified by the office. The socially and economically disadvantaged owners must be United States citizens or lawful permanent residents.
     (17)
"State agency" includes the state of Washington and all agencies, departments, offices, divisions, boards, commissions, and correctional and other types of institutions.
     (18) "Veteran" means a person defined in RCW 41.04.007, or is actively serving honorably as an active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.
     (19) "Veteran-owned business enterprise" means a business or the status of a business that has been certified by the office.
     (20) "Women business enterprise" means a small business concern, organized for profit, performing a commercially useful function, which is legitimately owned and controlled by one or more women or women's business enterprises certified by the office. The women owners must be United States citizens or lawful permanent residents.

Sec. 202   RCW 39.19.030 and 1996 c 69 s 5 are each amended to read as follows:
     ((There is hereby created the office of minority and women's business enterprises. The governor shall appoint a director for the office, subject to confirmation by the senate. The director may employ a deputy director and a confidential secretary, both of which shall be exempt under chapter 41.06 RCW, and such staff as are necessary to carry out the purposes of this chapter.))
     The office shall ((consult with the minority and women's business enterprises advisory committee to)):
     (1) Develop, plan, and implement programs to provide an opportunity for participation by ((qualified minority and women-owned and controlled)) certified businesses in public works, personal services, and the process by which goods and services are procured by state agencies and educational institutions from the private sector;
     (2) Develop a comprehensive plan insuring that ((qualified minority and women-owned and controlled)) certified businesses are provided an opportunity to participate in public contracts for public works, personal services, and goods and services;
     (3) Identify barriers to equal participation by ((qualified minority and women-owned and controlled)) certified businesses in all state agency and educational institution contracts;
     (4) Establish ((annual)) overall goals for participation by ((qualified minority and women-owned and controlled)) certified businesses for each state agency and educational institution to be administered on a contract-by-contract basis or on a class-of-contracts basis;
     (5) Develop and maintain a central ((minority and women's business enterprise certification)) list of certified businesses for all state agencies and educational institutions((. No business is entitled to certification under this chapter unless it meets the definition of small business concern as established by the office. All applications for certification under this chapter shall be sworn under oath)) and make available to the public;
     (6) Develop, implement, and operate a system of monitoring compliance with this chapter;
     (7) Adopt rules under chapter 34.05 RCW, the Administrative Procedure Act, governing: (a) Establishment of agency goals; (b) development and maintenance of a central ((minority and women's business enterprise)) certification program, including a definition of "small business concern" which shall be consistent with the small business requirements defined under section 3 of the Small Business Act, 15 U.S.C. Sec. 632, and its implementing regulations as guidance; (c) procedures for monitoring and enforcing compliance with goals, regulations, contract provisions, and this chapter; (d) utilization of standard clauses by state agencies and educational institutions, as specified in RCW 39.19.050; ((and)) (e) determination of an agency's or educational institution's goal attainment consistent with the limitations of RCW 39.19.075; and (f) administration of the linked deposit program;
     (8) Develop performance measures for the office and submit an annual report to the governor and the legislature outlining the progress in achieving the performance measures and in implementing this chapter;
     (9) Investigate complaints of violations of this chapter ((with the assistance of the involved agency or educational institution)); and
     (10) Cooperate and act jointly or by division of labor with the United States or other states, and with political subdivisions of the state of Washington and their respective minority, socially and economically disadvantaged ((and)), women, veteran-owned, and small business enterprise programs to carry out the purposes of this chapter. However, the power which may be exercised by the office under this subsection permits investigation and imposition of sanctions only if the investigation relates to a possible violation of chapter 39.19 RCW, and not to violation of local ordinances, rules, regulations, however denominated, adopted by political subdivisions of the state.

Sec. 203   RCW 39.19.060 and 1996 c 288 s 28 are each amended to read as follows:
     Each state agency and educational institution shall comply with the ((annual)) goals established for that agency or institution under this chapter for public works and procuring goods or services. This chapter applies to all public works and procurement by state agencies and educational institutions, including all contracts and other procurement under chapters 28B.10, 39.04, 39.29, 43.19, and 47.28 RCW. Each state agency shall adopt a plan, developed ((in consultation with the director and the advisory committee,)) and approved by the office to insure that ((minority and women-owned)) certified businesses are afforded the maximum practicable opportunity to directly and meaningfully participate in the execution of public contracts for public works and goods and services. The plan shall include specific measures the agency will undertake to increase the participation of certified ((minority and women-owned)) businesses. The office shall annually notify the governor, the state auditor, and the joint legislative audit and review committee of all agencies and educational institutions not in compliance with this chapter.

Sec. 204   RCW 39.19.070 and 1994 c 15 s 1 are each amended to read as follows:
     It is the intent of this chapter that the goals established under this chapter for participation by ((minority and women-owned and controlled)) certified businesses be achievable. If necessary to accomplish this intent, contracts may be awarded to the next lowest responsible bidder in turn, or all bids may be rejected and new bids obtained, if the lowest responsible bidder does not meet the goals established for a particular contract under this chapter. The dollar value of the total contract used for the calculation of the specific contract goal may be increased or decreased to reflect executed change orders. An apparent low-bidder must be in compliance with the contract provisions required under this chapter as a condition precedent to the granting of a notice of award by any state agency or educational institution.

Sec. 205   RCW 39.19.075 and 1996 c 69 s 6 are each amended to read as follows:
     For purposes of measuring an agency's or educational institution's goal attainment, any regulations adopted under RCW 39.19.030(7)(e) must provide that if a certified ((minority and women's)) business enterprise is a broker of goods or materials required under a contract, the contracting agency or educational institution may count only the dollar value of the fee or commission charged and not the value of goods or materials provided. The contracting agency or educational institution may, at its discretion, fix the dollar value of the fee or commission charged at either the actual dollar value of the fee or commission charged or at a standard percentage of the total value of the brokered goods, which percentage must reflect the fees or commissions generally paid to brokers for providing such services.

Sec. 206   RCW 39.19.080 and 1987 c 328 s 5 are each amended to read as follows:
     (1) A person, firm, corporation, business, union, or other organization shall not:
     (a) Prevent or interfere with a contractor's or subcontractor's compliance with this chapter, or any rule adopted under this chapter;
     (b) Submit false or fraudulent information to the state concerning compliance with this chapter or any such rule;
     (c) Fraudulently obtain, retain, attempt to obtain or retain, or aid another in fraudulently obtaining or retaining or attempting to obtain or retain certification ((as a minority or women's business enterprise)) for the purpose of this chapter;
     (d) Knowingly make a false statement, whether by affidavit, verified statement, report, or other representation, to a state official or employee for the purpose of influencing the certification or denial of certification ((of any entity as a minority or women's business enterprise));
     (e) Knowingly obstruct, impede, or attempt to obstruct or impede any state official or employee who is investigating the qualification of a business entity that has requested certification ((as a minority or women's business enterprise));
     (f) Fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public moneys to which the person is not entitled under this chapter; ((or))
     (g) Knowingly make false statements that any entity is or is not a certified ((as a minority or women's)) business enterprise for purposes of obtaining a contract governed by this chapter; or
     (h) Discriminate against or grant preferential treatment to any certified business on the basis of race, sex, color, ethnicity, or national origin in the operation of public contracting
.
     (2) An agency or educational institution shall not knowingly fail to implement its plan, where such failure results in disparate impact to a certified business.
     (3)
Any person, agency, educational institution, or entity violating this chapter or any rule adopted under this chapter shall be subject to the penalties in RCW 39.19.090. Nothing in this section prevents the state agency or educational institution from pursuing such procedures or sanctions as are otherwise provided by statute, rule, or contract provision.

Sec. 207   RCW 39.19.120 and 1987 c 328 s 7 are each amended to read as follows:
     (1) The office shall be the sole authority to perform certification of minority business enterprises, socially and economically disadvantaged business enterprises, ((and)) women's business enterprises, and veteran-owned business enterprises throughout the state of Washington. Certification by the ((state)) office will allow these firms to participate in programs for these enterprises administered by the state of Washington, any city, town, county, special purpose district, public corporation created by the state, municipal corporation, or quasi-municipal corporation within the state of Washington.
     (2) This statewide certification process will prevent duplication of effort, achieve efficiency, and permit local jurisdictions to further develop, implement, and/or enhance comprehensive systems of monitoring and compliance for contracts issued by their agencies.
     (3) The office may enter into agreements with other certification and registration authorities to implement the requirements of this section.

Sec. 208   RCW 39.19.150 and 1987 c 328 s 10 are each amended to read as follows:
     (1) Any city, county, town, special purpose district, public corporation created by the state, municipal corporation, or quasi-municipal corporation having reason to believe that a particular ((minority and women's)) certified business enterprise should not have been certified under RCW 39.19.140 may petition the office for reconsideration. The basis for the petition may be one or more of the following:
     (a) The office's rules or regulations were improperly applied; or
     (b) Material facts relating to the ((minority and women's)) certified business enterprise's certification application to the office are untrue.
     (2) The petitioner shall carry the burden of persuasion. The affected ((minority or women's)) certified business enterprise shall receive notice of the petition and an opportunity to respond.
     (3) After reviewing the information presented in support of and in opposition to the petition, the office shall issue a written decision, granting or denying the petition. If the office grants the petition, it may revoke, suspend, or refuse to renew the certification or impose sanctions under this chapter as appropriate.
     (4) The office's decision on a petition is administratively final and the rights of appeal set out in the office regulations shall apply. A certification shall remain in effect while a petition is pending.

Sec. 209   RCW 39.19.170 and 1993 c 512 s 10 are each amended to read as follows:
     (1) State agencies shall not require a performance bond for any public works project that does not exceed ((twenty-five)) one hundred thousand dollars awarded to a ((prequalified and)) certified ((minority or woman-owned)) business that has been prequalified as provided under subsection (2) of this section.
     (2) A limited prequalification questionnaire shall be required assuring:
     (a) That the bidder has adequate financial resources or the ability to secure such resources;
     (b) That the bidder can meet the performance schedule;
     (c) That the bidder is experienced in the type of work to be performed; and
     (d) That all equipment to be used is adequate and functioning and that all equipment operators are qualified to operate such equipment.

Sec. 210   RCW 39.19.200 and 1993 c 195 s 1 are each amended to read as follows:
     The ((minority and women's)) office of civil right's certified business ((enterprises)) account is created in the custody of the state treasurer. All receipts from RCW 39.19.210, 39.19.220, and 39.19.230 shall be deposited in the account. Expenditures from the account may be used only for the purposes defraying all or part of the costs of the office in administering this chapter. Only the director or the director's designee may authorize expenditures from the account. Moneys in the account may be spent only after appropriation.

Sec. 211   RCW 39.19.240 and 2005 c 302 s 5 are each amended to read as follows:
     (1) The office shall, in consultation with the state treasurer ((and the department of community, trade, and economic development)), compile information on minority, women, and ((women's)) veteran-owned business enterprises that have received financial assistance through a qualified public depositary under the provisions of RCW 43.86A.060. The information shall include, but is not limited to:
     (a) Name of the qualified public depositary;
     (b) Geographic location of the minority, women, or ((women's)) veteran-owned business enterprise;
     (c) Name of the minority, women, or ((women's)) veteran-owned business enterprise;
     (d) Date of last certification by the office and certification number;
     (e) Type of business;
     (f) Amount and term of the loan to the minority, women, or ((women's)) veteran-owned business enterprise; and
     (g) Other information the office deems necessary for the implementation of this section.
     (2) The office shall notify the state treasurer of minority ((or women's)), women, and veteran-owned business enterprises that are no longer certified under the provisions of this chapter. The written notification shall contain information regarding the reason for the decertification and information on financing provided to the minority or women's business enterprise under RCW 43.86A.060.
     (3) The office shall, in consultation with the state treasurer ((and the department of community, trade, and economic development,)) monitor the performance of loans made to minority and women-owned business enterprises under RCW 43.86A.060.

Sec. 212   RCW 39.19.250 and 2009 c 348 s 2 are each amended to read as follows:
     (1) For the purpose of annual reporting on progress required by section 1 of this act, each state agency and educational institution shall submit data to the office and the office of ((minority and women's business enterprises)) financial management on the participation by qualified minority and women-owned and controlled businesses in the agency's or institution's contracts and other related information requested by the director. The director of the office ((of minority and women's business enterprises)) shall determine the content and format of the data and the reporting schedule, which must be at least annually.
     (2) ((The office must develop and maintain a list of contact people at each state agency and educational institution that is able to present to hearings of the appropriate committees of the legislature its progress in carrying out the purposes of chapter 39.19 RCW.
     (3)
)) The office must submit a report aggregating the data received from each state agency and educational institution to the legislature and the governor.

Sec. 213   RCW 47.28.030 and 2010 c 283 s 9 and 2010 c 5 s 11 are each reenacted and amended to read as follows:
     (1)(a) A state highway shall be constructed, altered, repaired, or improved, and improvements located on property acquired for right-of-way purposes may be repaired or renovated pending the use of such right-of-way for highway purposes, by contract or state forces. The work or portions thereof may be done by state forces when the estimated costs thereof are less than fifty thousand dollars and effective July 1, 2005, sixty thousand dollars.
     (b) When delay of performance of such work would jeopardize a state highway or constitute a danger to the traveling public, the work may be done by state forces when the estimated cost thereof is less than eighty thousand dollars and effective July 1, 2005, one hundred thousand dollars.
     (c) When the department of transportation determines to do the work by state forces, it shall enter a statement upon its records to that effect, stating the reasons therefor.
     (d) To enable a larger number of small businesses and veteran, minority, and women contractors to effectively compete for department of transportation contracts, the department may adopt rules providing for bids and award of contracts for the performance of work, or furnishing equipment, materials, supplies, or operating services whenever any work is to be performed and the engineer's estimate indicates the cost of the work would not exceed eighty thousand dollars and effective July 1, 2005, one hundred thousand dollars.
     (2) The rules adopted under this section:
     (a) Shall provide for competitive bids to the extent that competitive sources are available except when delay of performance would jeopardize life or property or inconvenience the traveling public; and
     (b) Need not require the furnishing of a bid deposit nor a performance bond, but if a performance bond is not required then progress payments to the contractor may be required to be made based on submittal of paid invoices to substantiate proof that disbursements have been made to laborers, material suppliers, mechanics, and subcontractors from the previous partial payment; and
     (c) May establish prequalification standards and procedures as an alternative to those set forth in RCW 47.28.070, but the prequalification standards and procedures under RCW 47.28.070 shall always be sufficient.
     (3) The department of transportation shall comply with such goals and rules as may be adopted by the office of ((minority and women's business enterprises)) civil rights to implement chapter 39.19 RCW with respect to contracts entered into under this chapter. The department may adopt such rules as may be necessary to comply with the rules adopted by the office of ((minority and women's business enterprises)) civil rights under chapter 39.19 RCW.
     (4)(a) For the period of March 15, 2010, through June 30, 2011, work for less than one hundred twenty thousand dollars may be performed on ferry vessels and terminals by state forces.
     (b) The department shall hire a disinterested, third party to conduct an independent analysis to identify methods of reducing out-of-service times for vessel maintenance, preservation, and improvement projects. The analysis must include options that consider consolidating work while vessels are at shipyards by having state forces perform services traditionally performed at Eagle Harbor at the shipyard and decreasing the allowable time at shipyards. The analysis must also compare the out-of-service vessel times of performing services by state forces versus contracting out those services which in turn must be used to form a recommendation as to what the threshold of work performed on ferry vessels and terminals by state forces should be. This analysis must be presented to the transportation committees of the senate and house of representatives by December 1, 2010.
     (c) The department shall develop a proposed ferry vessel maintenance, preservation, and improvement program and present it to the transportation committees of the senate and house of representatives by December 1, 2010. The proposed program must:
     (i) Improve the basis for budgeting vessel maintenance, preservation, and improvement costs and for projecting those costs into a sixteen-year financial plan;
     (ii) Limit the amount of planned out-of-service time to the greatest extent possible, including options associated with department staff as well as commercial shipyards; and
     (iii) Be based on the service plan in the capital plan, recognizing that vessel preservation and improvement needs may vary by route.
     (d) In developing the proposed ferry vessel maintenance, preservation, and improvement program, the department shall consider the following, related to reducing vessel out-of-service time:
     (i) The costs compared to benefits of Eagle Harbor repair and maintenance facility operations options to include staffing costs and benefits in terms of reduced out-of-service time;
     (ii) The maintenance requirements for on-vessel staff, including the benefits of a systemwide standard;
     (iii) The costs compared to benefits of staff performing preservation or maintenance work, or both, while the vessel is underway, tied up between sailings, or not deployed;
     (iv) A review of the department's vessel maintenance, preservation, and improvement program contracting process and contractual requirements;
     (v) The costs compared to benefits of allowing for increased costs associated with expedited delivery;
     (vi) A method for comparing the anticipated out-of-service time of proposed projects and other projects planned during the same construction period;
     (vii) Coordination with required United States coast guard dry dockings;
     (viii) A method for comparing how proposed projects relate to the service requirements of the route on which the vessel normally operates; and
     (ix) A method for evaluating the ongoing maintenance and preservation costs associated with proposed improvement projects.

Sec. 214   RCW 39.10.220 and 2007 c 494 s 102 are each amended to read as follows:
     (1) The board is created in the department of general administration to provide an evaluation of public capital projects construction processes, including the impact of contracting methods on project outcomes, and to advise the legislature on policies related to public works delivery methods.
     (2)(a) The board shall consist of the following members appointed by the governor: Two representatives from construction general contracting; one representative from the architectural profession; one representative from the engineering profession; two representatives from construction specialty subcontracting; two representatives from construction trades labor organizations; one representative from the office of ((minority and women's business enterprises)) civil rights; one representative from a higher education institution; one representative from the department of general administration; two representatives from private industry; and one representative of a domestic insurer authorized to write surety bonds for contractors in Washington state. All appointed members must be knowledgeable about public works contracting procedures.
     (b) Three members shall be positions representing different local public owners, selected by the association of Washington cities, the Washington state association of counties, and the Washington public ports association, respectively.
     (c) One member shall be a representative from the public hospital districts, selected by the association of Washington public hospital districts.
     (d) One member shall be a representative from school districts, selected by the Washington state school directors' association.
     (e) The board shall include two members of the house of representatives, one from each major caucus, appointed by the speaker of the house of representatives, and two members of the senate, one from each major caucus, appointed by the president of the senate. Legislative members are nonvoting.
     (3) Members selected under subsection (2)(a) of this section shall serve for terms of four years, with the terms expiring on June 30th on the fourth year of the term.
     (4) The board chair is selected from among the appointed members by the majority vote of the voting members.
     (5) Legislative members of the board shall be reimbursed for travel expenses in accordance with RCW 44.04.120. Nonlegislative members of the board, project review committee members, and subcommittee chairs shall be reimbursed for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (6) If a vacancy occurs of the appointive members of the board, the governor shall fill the vacancy for the unexpired term. Members of the board may be removed for malfeasance or misfeasance in office, upon specific written charges by the governor, under chapter 34.05 RCW.
     (7) The board shall meet as often as necessary.
     (8) Board members are expected to consistently attend board meetings. The chair of the board may ask the governor to remove any member who misses more than two meetings in any calendar year without cause.
     (9) The department of general administration shall provide staff support as may be required for the proper discharge of the function of the board.
     (10) The board may establish subcommittees as it desires and may invite nonmembers of the board to serve as committee members.
     (11) The board shall encourage participation from persons and entities not represented on the board.

Sec. 215   RCW 39.10.385 and 2010 c 163 s 1 are each amended to read as follows:
     As an alternative to the subcontractor selection process outlined in RCW 39.10.380, a general contractor/construction manager may, with the approval of the public body, select a mechanical subcontractor, an electrical subcontractor, or both, using the process outlined in this section. This alternative selection process may only be used when the anticipated value of the subcontract will exceed three million dollars. When using the alternative selection process, the general contractor/construction manager should select the subcontractor early in the life of the public works project.
     (1) In order to use this alternative selection process, the general contractor/construction manager and the public body must determine that it is in the best interest of the public. In making this determination the general contractor/construction manager and the public body must:
     (a) Publish a notice of intent to use this alternative selection process in a legal newspaper published in or as near as possible to that part of the county where the public work will be constructed. Notice must be published at least fourteen calendar days before conducting a public hearing. The notice must include the date, time, and location of the hearing; a statement justifying the basis and need for the alternative selection process; and how interested parties may, prior to the hearing, obtain the evaluation criteria and applicable weight given to each criteria that will be used for evaluation;
     (b) Conduct a hearing and provide an opportunity for any interested party to submit written and verbal comments regarding the justification for using this selection process, the evaluation criteria, and weights for each criteria;
     (c) After the public hearing, consider the written and verbal comments received and determine if using this alternative selection process is in the best interests of the public; and
     (d) Issue a written final determination to all interested parties. All protests of the decision to use the alternative selection process must be in writing and submitted to the public body within seven calendar days of the final determination. Any modifications to the criteria and weights based on comments received during the public hearing process must be included in the final determination.
     (2) Contracts for the services of a subcontractor under this section must be awarded through a competitive process requiring a public solicitation of proposals. Notice of the public solicitation of proposals must be provided to the office of ((minority and women's business enterprises)) civil rights. The public solicitation of proposals must include:
     (a) A description of the project, including programmatic, performance, and technical requirements and specifications when available;
     (b) The reasons for using the alternative selection process;
     (c) A description of the minimum qualifications required of the firm;
     (d) A description of the process used to evaluate qualifications and proposals, including evaluation factors and the relative weight of factors;
     (e) The form of the contract, including any contract for preconstruction services, to be awarded;
     (f) The estimated maximum allowable subcontract cost; and
     (g) The bid instructions to be used by the finalists.
     (3) Evaluation factors for selection of the subcontractor must include, but not be limited to:
     (a) Ability of the firm's professional personnel;
     (b) The firm's past performance on similar projects;
     (c) The firm's ability to meet time and budget requirements;
     (d) The scope of work the firm proposes to perform with its own forces and its ability to perform that work;
     (e) The firm's plan for outreach to minority and women-owned businesses;
     (f) The firm's proximity to the project location;
     (g) The firm's capacity to successfully complete the project;
     (h) The firm's approach to executing the project;
     (i) The firm's approach to safety on the project;
     (j) The firm's safety history; and
     (k) If the firm is selected as one of the most qualified finalists, the firm's fee and cost proposal.
     (4) The general contractor/construction manager shall establish a committee to evaluate the proposals. At least one representative from the public body shall serve on the committee. Final proposals, including sealed bids for the percent fee on the estimated maximum allowable subcontract cost, and the fixed amount for the subcontract general conditions work specified in the request for proposal, will be requested from the most qualified firms. The general contractor/construction manager and the public body shall select the firm submitting the highest scored final proposal using the evaluation factors and the relative weight of factors identified in the solicitation of proposals. The scoring of the nonprice factors must be made available at the opening of the fee and cost proposals. The general contractor/construction manager may not evaluate or disqualify a proposal based on the terms of a collective bargaining agreement.
     (5) If the general contractor/construction manager is unable to negotiate a satisfactory maximum allowable subcontract cost with the firm selected deemed by public body and the general contractor/construction manager to be fair, reasonable, and within the available funds, negotiations with that firm must be formally terminated and the general contractor/construction manager may negotiate with the next highest scored firm until an agreement is reached or the process is terminated.
     (6) If the general contractor/construction manager receives a written protest from a bidder, it may not execute a contract for the subject work with anyone other than the protesting bidder, without first providing at least two full business days' written notice to all bidders of the intent to execute a contract for the subcontract bid package. The protesting bidder must submit written notice to the general contractor/construction manager of its protest no later than two full business days following the bid opening.
     (7) With the approval of the public body, the general contractor/construction manager may contract with the selected firm to provide services during the design phase that may include life-cycle cost design considerations, value engineering, scheduling, cost estimating, constructability, alternative construction options for cost savings, and sequencing of work; and to act as the mechanical or electrical subcontractor during the construction phase.
     (8) The maximum allowable subcontract cost must be used to establish a total subcontract cost for purposes of a performance and payment bond. Total subcontract cost means the fixed amount for the detailed specified general conditions work, the negotiated maximum allowable subcontract cost, and the percent fee on the negotiated maximum allowable subcontract cost. Maximum allowable subcontract cost means the maximum cost to complete the work specified for the subcontract, including the estimated cost of work to be performed by the subcontractor's own forces, a percentage for risk contingency, negotiated support services, and approved change orders. The maximum allowable subcontract cost must be negotiated between the general contractor/construction manager and the selected firm when the construction documents and specifications are at least ninety percent complete. Final agreement on the maximum allowable subcontract cost is subject to the approval of the public body.
     (9) If the work of the mechanical contractor or electrical contractor is completed for less than the maximum allowable subcontract cost, any savings not otherwise negotiated as part of an incentive clause becomes part of the risk contingency included in the general contractor/construction manager's maximum allowable construction cost. If the work of the mechanical contractor or the electrical contractor is completed for more than the maximum allowable subcontract cost, the additional cost is the responsibility of that subcontractor. An independent audit, paid for by the public body, must be conducted upon completion of the contract to confirm the proper accrual of costs as outlined in the contract.
     (10) A mechanical or electrical contractor selected under this section may perform work with its own forces. In the event it elects to subcontract some of its work, it must select a subcontractor utilizing the procedure outlined in RCW 39.10.380.

Sec. 216   RCW 39.10.450 and 2007 c 494 s 404 are each amended to read as follows:
     (1) The maximum dollar amount for a work order is three hundred fifty thousand dollars. For each job order contract, public bodies shall not issue more than two work orders equal to or greater than three hundred thousand dollars in a twelve-month contract period.
     (2) All work orders issued for the same project shall be treated as a single work order for purposes of the dollar limit on work orders.
     (3) No more than twenty percent of the dollar value of a work order may consist of items of work not contained in the unit price book.
     (4) Any new permanent, enclosed building space constructed under a work order shall not exceed two thousand gross square feet.
     (5) A public body may issue no work orders under a job order contract until it has approved, in consultation with the office of ((minority and women's business enterprises)) civil rights or the equivalent local agency, a plan prepared by the job order contractor that equitably spreads certified women, veteran-owned, and minority business enterprise subcontracting opportunities, to the extent permitted by the Washington state civil rights act, RCW 49.60.400, among the various subcontract disciplines.
     (6) For purposes of chapters 39.08, 39.12, 39.76, and 60.28 RCW, each work order issued shall be treated as a separate contract. The alternate filing provisions of RCW 39.12.040(2) apply to each work order that otherwise meets the eligibility requirements of RCW 39.12.040(2).
     (7) The job order contract shall not be used for the procurement of architectural or engineering services not associated with specific work orders. Architectural and engineering services shall be procured in accordance with RCW 39.80.040.

Sec. 217   RCW 39.102.100 and 2006 c 181 s 208 are each amended to read as follows:
     Prior to adopting the ordinance ((creating)) adopting the revenue development area and to meet the requirements of RCW 39.102.150(1)(((b)))(a)(ii), a sponsoring local government and any cosponsoring local government must provide public notice.
     (1) Notice of the public hearing must be published in a legal newspaper of general circulation within the proposed revenue development area at least ten days before the public hearing and posted in at least six conspicuous public places located in the proposed revenue development area.
     (2) Notice must also be sent by United States mail to the property owners, all identifiable community-based organizations with involvement in the proposed revenue development area, and the business enterprises located within the proposed revenue development area at least thirty days prior to the hearing. In implementing provisions under this chapter, the local governing body may also consult with community-based groups, business organizations, including the local chamber of commerce, and the office of ((minority and women's business enterprises)) civil rights to assist with providing appropriate notice to business enterprises and property owners for whom English is a second language.
     (3) Notices must describe the contemplated public improvements, estimate the public improvement costs, describe the portion of the public improvement costs to be borne by local infrastructure financing, describe any other sources of revenue to finance the public improvements, describe the boundaries of the proposed revenue development area, estimate the impact that the public improvements will have on small businesses and low-income housing, and estimate the period during which local infrastructure financing is contemplated to be used.
     (4) Notices must inform the public where to obtain the information that shows how the limitations, conditions, and findings required in RCW 39.102.060 through 39.102.080 are met.
     (5) The sponsoring local government and any cosponsoring local government shall deliver a certified copy of the proposed ordinance to the county treasurer, the governing body of each participating local government and participating taxing district within which the revenue development area is located, the board, and the department.

Sec. 218   RCW 43.63A.690 and 2005 c 302 s 6 are each amended to read as follows:
     (1) The department shall provide technical assistance and loan packaging services that enable minority, veteran-owned, and women-owned business enterprises to obtain financing under the linked deposit program created under RCW 43.86A.060.
     (2) The department, in consultation with the office of ((minority and women's business enterprises)) civil rights, shall develop indicators to measure the performance of the linked deposit program in the areas of job creation or retention and providing access to capital to minority, veteran-owned, or women's business enterprises.

Sec. 219   RCW 43.86A.060 and 2009 c 385 s 3 and 2009 c 384 s 1 are each reenacted and amended to read as follows:
     (1) The state treasurer shall establish a linked deposit program for investment of deposits in qualified public depositaries. As a condition of participating in the program, qualified public depositaries must make qualifying loans as provided in this section. The state treasurer may purchase a certificate of deposit that is equal to the amount of the qualifying loan made by the qualified public depositary or may purchase a certificate of deposit that is equal to the aggregate amount of two or more qualifying loans made by one or more qualified public depositaries.
     (2) Qualifying loans made under this section are those:
     (a) Having terms that do not exceed ten years;
     (b) Where an individual loan does not exceed one million dollars;
     (c)(i) That are made to a minority, veteran-owned, or women's business enterprise that has received state certification under chapter 39.19 RCW; or
     (ii) ((That are made to a veteran-owned business that has received state certification under RCW 43.60A.190; or
     (iii)
)) That are made to a community development financial institution that is: (A) Certified by the United States department of the treasury pursuant to 12 U.S.C. Sec. 4701 et seq.; and (B) using that loan to make qualifying loans under (c)(i) of this subsection;
     (d) Where the interest rate on the loan to the minority ((or)), women's ((business enterprise)), or veteran-owned business does not exceed an interest rate that is two hundred basis points below the interest rate the qualified public depositary would charge for a loan for a similar purpose and a similar term, except that, if the preference given by the state treasurer to the qualified public depositary under subsection (3) of this section is less than two hundred basis points, the qualified public depositary may reduce the preference given on the loan by an amount that corresponds to the reduction in preference below two hundred basis points given to the qualified public depositary; and
     (e) Where the points or fees charged at loan closing do not exceed one percent of the loan amount.
     (3) In setting interest rates of time certificate of deposits, the state treasurer shall offer rates so that a two hundred basis point preference will be given to the qualified public depositary, except that the treasurer may lower the amount of the preference to ensure that the effective interest rate on the deposit is not less than zero percent.
     (4) Upon notification by the state treasurer that a minority, veteran-owned, or women's business enterprise is no longer certified under chapter 39.19 RCW ((or that a veteran-owned business is no longer certified under RCW 43.60A.190)), the qualified public depositary shall reduce the amount of qualifying loans by the outstanding balance of the loan made under this section to the minority ((or)), women's ((business enterprise)), or the veteran-owned business, as applicable.
     (5) The office of ((minority and women's business enterprises)) civil rights has the authority to adopt rules to:
     (a) Ensure that when making a qualified loan under the linked deposit program, businesses that have never received a loan under the linked deposit program are given first priority;
     (b) Limit the total principal loan amount that any one business receives in qualified loans under the linked deposit program over the lifetime of the businesses;
     (c) Limit the total principal loan amount that an owner of one or more businesses receives in qualified loans under the linked deposit program during the owner's lifetime;
     (d) Limit the total amount of any one qualified loan made under the linked deposit program; and
     (e) Ensure that loans made by community development financial institutions are qualifying loans under subsection (2)(c)(i) of this section.

NEW SECTION.  Sec. 220   The following acts or parts of acts are each repealed:
     (1) RCW 39.19.010 (Intent) and 1987 c 328 s 1 & 1983 c 120 s 1;
     (2) RCW 39.19.041 (Ad hoc advisory committees) and 1995 c 269 s 1302;
     (3) RCW 39.19.140 (Implementation of statewide certification) and 1987 c 328 s 9;
     (4) RCW 39.19.910 (Effective date -- Applicability -- 1983 c 120) and 1983 c 120 s 21;
     (5) RCW 39.19.920 (Severability -- Conflict with federal requirements -- 1983 c 120) and 1983 c 120 s 18;
     (6) RCW 39.19.921 (Severability -- 1987 c 328) and 1987 c 328 s 17; and
     (7) RCW 41.06.082 (Office of minority and women's business enterprises -- Certain personnel exempted from chapter) and 1983 c 120 s 14.

PART III
POLICIES AND PROGRAMS TRANSFERRED FROM THE HUMAN RIGHTS COMMISSION

Sec. 301   RCW 49.60.010 and 2007 c 187 s 1 are each amended to read as follows:
     This chapter shall be known as the "law against discrimination." It is an exercise of the police power of the state for the protection of the public welfare, health, and peace of the people of this state, and in fulfillment of the provisions of the Constitution of this state concerning civil rights. The legislature hereby finds and declares that practices of discrimination against any of its inhabitants because of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability are a matter of state concern, that such discrimination threatens not only the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state. The office of civil rights, a state agency is ((herein)) created in this act with powers with respect to elimination and prevention of discrimination in employment, in credit and insurance transactions, in places of public resort, accommodation, or amusement, and in real property transactions because of race, creed, color, national origin, families with children, sex, marital status, sexual orientation, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability; and the ((commission established hereunder)) office of civil rights is hereby given general jurisdiction and power for such purposes.

Sec. 302   RCW 49.60.040 and 2009 c 187 s 3 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Aggrieved person" means any person who: (a) Claims to have been injured by an unfair practice in a real estate transaction; or (b) believes that he or she will be injured by an unfair practice in a real estate transaction that is about to occur.
     (2) "Any place of public resort, accommodation, assemblage, or amusement" includes, but is not limited to, any place, licensed or unlicensed, kept for gain, hire, or reward, or where charges are made for admission, service, occupancy, or use of any property or facilities, whether conducted for the entertainment, housing, or lodging of transient guests, or for the benefit, use, or accommodation of those seeking health, recreation, or rest, or for the burial or other disposition of human remains, or for the sale of goods, merchandise, services, or personal property, or for the rendering of personal services, or for public conveyance or transportation on land, water, or in the air, including the stations and terminals thereof and the garaging of vehicles, or where food or beverages of any kind are sold for consumption on the premises, or where public amusement, entertainment, sports, or recreation of any kind is offered with or without charge, or where medical service or care is made available, or where the public gathers, congregates, or assembles for amusement, recreation, or public purposes, or public halls, public elevators, and public washrooms of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants, or any public library or educational institution, or schools of special instruction, or nursery schools, or day care centers or children's camps: PROVIDED, That nothing contained in this definition shall be construed to include or apply to any institute, bona fide club, or place of accommodation, which is by its nature distinctly private, including fraternal organizations, though where public use is permitted that use shall be covered by this chapter; nor shall anything contained in this definition apply to any educational facility, columbarium, crematory, mausoleum, or cemetery operated or maintained by a bona fide religious or sectarian institution.
     (3) (("Commission" means the Washington state human rights commission.
     (4)
)) "Complainant" means the person who files a complaint in a real estate transaction.
     (((5))) (4) "Covered multifamily dwelling" means: (a) Buildings consisting of four or more dwelling units if such buildings have one or more elevators; and (b) ground floor dwelling units in other buildings consisting of four or more dwelling units.
     (((6))) (5) "Credit transaction" includes any open or closed end credit transaction, whether in the nature of a loan, retail installment transaction, credit card issue or charge, or otherwise, and whether for personal or for business purposes, in which a service, finance, or interest charge is imposed, or which provides for repayment in scheduled payments, when such credit is extended in the regular course of any trade or commerce, including but not limited to transactions by banks, savings and loan associations or other financial lending institutions of whatever nature, stock brokers, or by a merchant or mercantile establishment which as part of its ordinary business permits or provides that payment for purchases of property or service therefrom may be deferred.
     (((7))) (6) "Director" means the director of the office of civil rights.
     (7)
(a) "Disability" means the presence of a sensory, mental, or physical impairment that:
     (i) Is medically cognizable or diagnosable; or
     (ii) Exists as a record or history; or
     (iii) Is perceived to exist whether or not it exists in fact.
     (b) A disability exists whether it is temporary or permanent, common or uncommon, mitigated or unmitigated, or whether or not it limits the ability to work generally or work at a particular job or whether or not it limits any other activity within the scope of this chapter.
     (c) For purposes of this definition, "impairment" includes, but is not limited to:
     (i) Any physiological disorder, or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological, musculoskeletal, special sense organs, respiratory, including speech organs, cardiovascular, reproductive, digestive, genitor-urinary, hemic and lymphatic, skin, and endocrine; or
     (ii) Any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
     (d) Only for the purposes of qualifying for reasonable accommodation in employment, an impairment must be known or shown through an interactive process to exist in fact and:
     (i) The impairment must have a substantially limiting effect upon the individual's ability to perform his or her job, the individual's ability to apply or be considered for a job, or the individual's access to equal benefits, privileges, or terms or conditions of employment; or
     (ii) The employee must have put the employer on notice of the existence of an impairment, and medical documentation must establish a reasonable likelihood that engaging in job functions without an accommodation would aggravate the impairment to the extent that it would create a substantially limiting effect.
     (e) For purposes of (d) of this subsection, a limitation is not substantial if it has only a trivial effect.
     (8) "Dog guide" means a dog that is trained for the purpose of guiding blind persons or a dog that is trained for the purpose of assisting hearing impaired persons.
     (9) "Dwelling" means any building, structure, or portion thereof that is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land that is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.
     (10) "Employee" does not include any individual employed by his or her parents, spouse, or child, or in the domestic service of any person.
     (11) "Employer" includes any person acting in the interest of an employer, directly or indirectly, who employs eight or more persons, and does not include any religious or sectarian organization not organized for private profit.
     (12) "Employment agency" includes any person undertaking with or without compensation to recruit, procure, refer, or place employees for an employer.
     (13) "Families with children status" means one or more individuals who have not attained the age of eighteen years being domiciled with a parent or another person having legal custody of such individual or individuals, or with the designee of such parent or other person having such legal custody, with the written permission of such parent or other person. Families with children status also applies to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of eighteen years.
     (14) "Full enjoyment of" includes the right to purchase any service, commodity, or article of personal property offered or sold on, or by, any establishment to the public, and the admission of any person to accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement, without acts directly or indirectly causing persons of any particular race, creed, color, sex, sexual orientation, national origin, or with any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability, to be treated as not welcome, accepted, desired, or solicited.
     (15) "Honorably discharged veteran or military status" means a person who is:
     (a) A veteran, as defined in RCW 41.04.007; or
     (b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.
     (16) "Labor organization" includes any organization which exists for the purpose, in whole or in part, of dealing with employers concerning grievances or terms or conditions of employment, or for other mutual aid or protection in connection with employment.
     (17) "Marital status" means the legal status of being married, single, separated, divorced, or widowed.
     (18) "National origin" includes "ancestry."
     (19) "Office" means the Washington state office of civil rights created in section 102 of this act.
     (20)
"Person" includes one or more individuals, partnerships, associations, organizations, corporations, cooperatives, legal representatives, trustees and receivers, or any group of persons; it includes any owner, lessee, proprietor, manager, agent, or employee, whether one or more natural persons; and further includes any political or civil subdivisions of the state and any agency or instrumentality of the state or of any political or civil subdivision thereof.
     (((20))) (21) "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common use areas of a building.
     (((21))) (22) "Real estate transaction" includes the sale, appraisal, brokering, exchange, purchase, rental, or lease of real property, transacting or applying for a real estate loan, or the provision of brokerage services.
     (((22))) (23) "Real property" includes buildings, structures, dwellings, real estate, lands, tenements, leaseholds, interests in real estate cooperatives, condominiums, and hereditaments, corporeal and incorporeal, or any interest therein.
     (((23))) (24) "Respondent" means any person accused in a complaint or amended complaint of an unfair practice in a real estate transaction.
     (((24))) (25) "Service animal" means an animal that is trained for the purpose of assisting or accommodating a sensory, mental, or physical disability of a person with a disability.
     (((25))) (26) "Sex" means gender.
     (((26))) (27) "Sexual orientation" means heterosexuality, homosexuality, bisexuality, and gender expression or identity. As used in this definition, "gender expression or identity" means having or being perceived as having a gender identity, self-image, appearance, behavior, or expression, whether or not that gender identity, self-image, appearance, behavior, or expression is different from that traditionally associated with the sex assigned to that person at birth.

Sec. 303   RCW 49.60.100 and 1987 c 505 s 55 are each amended to read as follows:
     Subject to RCW 40.07.040, the ((commission,)) office each biennium, shall report to the governor, describing the investigations, proceedings, and hearings it has conducted and their outcome, the decisions it has rendered, the recommendations it has issued, and the other work performed by it, and shall make such recommendations for further legislation as may appear desirable. The ((commission)) office may present its reports to the legislature; the ((commission's)) office's reports shall be made available upon request.

Sec. 304   RCW 49.60.120 and 2007 c 187 s 5 are each amended to read as follows:
     The ((commission)) office shall have the functions, powers, and duties:
     (1) ((To appoint an executive director and chief examiner, and such investigators, examiners, clerks, and other employees and agents as it may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties.
     (2)
)) To obtain upon request and utilize the services of all governmental departments and agencies.
     (((3) To adopt, amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices of the commission in connection therewith.
     (4) To receive, impartially investigate, and pass upon complaints alleging unfair practices as defined in this chapter.
     (5)
)) (2) To issue such publications and results of investigations and research as in its judgment will tend to ((promote good will and)) minimize or eliminate discrimination because of sex, sexual orientation, race, creed, color, national origin, marital status, age, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability.
     (((6))) (3) To make such technical studies as are appropriate to effectuate the purposes and policies of this chapter and to publish and distribute the reports of such studies.
     (((7))) (4) To cooperate and act jointly or by division of labor with the United States or other states, with other Washington state agencies, commissions, and other government entities, and with political subdivisions of the state of Washington and their respective human rights agencies to carry out the purposes of this chapter. However, the powers which may be exercised by the ((commission)) office under this subsection permit investigations and complaint dispositions only if the investigations are designed to reveal, or the complaint deals only with, allegations which, if proven, would constitute unfair practices under this chapter. The ((commission)) office may perform such services for these agencies and be reimbursed therefor.
     (((8) To foster good relations between minority and majority population groups of the state through seminars, conferences, educational programs, and other intergroup relations activities.))

Sec. 305   RCW 49.60.150 and 1985 c 185 s 13 are each amended to read as follows:
     No person shall be excused from attending and testifying or from producing records, correspondence, documents or other evidence in obedience to the subpoena of the ((commission or of any individual member)) office, on the ground that the testimony or evidence required of the person may tend to incriminate or subject the person to a penalty or forfeiture, but no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the person is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence, except that such person so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. The immunity herein provided shall extend only to natural persons so compelled to testify.

Sec. 306   RCW 49.60.160 and 1985 c 185 s 14 are each amended to read as follows:
     In case of contumacy or refusal to obey a subpoena issued to any person, the superior court of any county within the jurisdiction of which the investigation, proceeding, or hearing is carried on or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the ((commission)) office shall have jurisdiction to issue to such person an order requiring such person to appear before the ((commission, its member)) director or director's designee, agent, or agency, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof.

Sec. 307   RCW 49.60.170 and 1985 c 185 s 15 are each amended to read as follows:
     Witnesses before the ((commission, its member)) office, agent, or agency, shall be paid the same fees and mileage that are paid witnesses in the courts of this state. Witnesses whose depositions are taken and the person taking the same shall be entitled to same fees as are paid for like services in the courts of the state.

Sec. 308   RCW 49.60.180 and 2007 c 187 s 9 are each amended to read as follows:
     It is an unfair practice for any employer:
     (1) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation.
     (2) To discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.
     (3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the ((commission)) office by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.
     (4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.

Sec. 309   RCW 49.60.226 and 1985 c 185 s 20 are each amended to read as follows:
     The ((commission)) office and units of local government administering ordinances with provisions similar to the real estate provisions of the law against discrimination are authorized and directed to enter into cooperative agreements or arrangements for receiving and processing complaints so that duplication of functions shall be minimized and multiple hearings avoided. No complainant may secure relief from more than one instrumentality of state, or local government, nor shall any relief be granted by any state or local instrumentality if relief has been granted or proceedings are continuing in any federal agency, court, or instrumentality, unless such proceedings have been deferred pending state action.

Sec. 310   RCW 49.60.230 and 2008 c 266 s 7 are each amended to read as follows:
     (1) Who may file a complaint:
     (a) Any person claiming to be aggrieved by an alleged unfair practice may, personally or by his or her attorney, make, sign, and file with the ((commission)) office a complaint in writing under oath or by declaration. The complaint shall state the name of the person alleged to have committed the unfair practice and the particulars thereof, and contain such other information as may be required by the ((commission)) office.
     (b) Whenever it has reason to believe that any person has been engaged or is engaging in an unfair practice, the ((commission)) director may issue a complaint.
     (c) Any employer or principal whose employees, or agents, or any of them, refuse or threaten to refuse to comply with the provisions of this chapter may file with the commission a written complaint under oath or by declaration asking for assistance by conciliation or other remedial action.
     (2) Any complaint filed pursuant to this section must be so filed within six months after the alleged act of discrimination except that complaints alleging an unfair practice in a real estate transaction pursuant to RCW 49.60.222 through 49.60.225 must be so filed within one year after the alleged unfair practice in a real estate transaction has occurred or terminated and a complaint alleging whistleblower retaliation must be filed within two years.

Sec. 311   RCW 49.60.240 and 2010 c 85 s 1 are each amended to read as follows:
     (1)(a) Except as provided for in (c) of this subsection, after the filing of any complaint, the ((chairperson of the commission)) director shall refer it to the appropriate ((section of the commission's)) staff for prompt review and evaluation of the complaint. If the facts as stated in the complaint do not constitute an unfair practice under this chapter, a finding of no reasonable cause may be made without further investigation. If the facts as stated could constitute an unfair practice under this chapter, a full investigation and ascertainment of the facts shall be conducted.
     (b) If the complainant has limitations related to language proficiency or cognitive or other disability, as part of the review and evaluation under (a) of this subsection, the ((commission's)) staff must contact the complainant directly and make appropriate inquiry of the complainant as to the facts of the complaint.
     (c) After the filing of a complaint alleging an unfair practice in a real estate transaction pursuant to RCW 49.60.222 through 49.60.225, the ((chairperson of the commission)) director shall refer it to the appropriate ((section of the commission's)) staff for prompt investigation and ascertainment of the facts alleged in the complaint.
     (2) The investigation shall be limited to the alleged facts contained in the complaint. The results of the investigation shall be reduced to written findings of fact, and a finding shall be made that there is or that there is not reasonable cause for believing that an unfair practice has been or is being committed. A copy of the findings shall be provided to the complainant and to the person named in such complaint, hereinafter referred to as the respondent.
     (3) If the finding is made that there is reasonable cause for believing that an unfair practice has been or is being committed, the ((commission's)) staff shall immediately endeavor to eliminate the unfair practice by conference, conciliation, and persuasion.
     If an agreement is reached for the elimination of such unfair practice as a result of such conference, conciliation, and persuasion, the agreement shall be reduced to writing and signed by the respondent, and an order shall be entered by the ((commission)) director setting forth the terms of said agreement. No order shall be entered by the ((commission)) director at this stage of the proceedings except upon such written agreement, except that during the period beginning with the filing of complaints alleging an unfair practice with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225, and ending with the filing of a finding of reasonable cause or a dismissal by the ((commission)) director, the ((commission)) staff shall, to the extent feasible, engage in conciliation with respect to such complaint. Any conciliation agreement arising out of conciliation efforts by the ((commission)) office shall be an agreement between the respondent and the complainant and shall be subject to the approval of the ((commission)) director. Each conciliation agreement shall be made public unless the complainant and respondent otherwise agree and the ((commission)) director determines that disclosure is not required to further the purposes of this chapter.
     If no such agreement can be reached, a finding to that effect shall be made and reduced to writing, with a copy thereof provided to the complainant and the respondent.
     (4) The ((commission)) director may adopt rules, including procedural time requirements, for processing complaints alleging an unfair practice with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225 and which may be consistent with the federal fair housing amendments act of 1988 (42 U.S.C. Sec. 3601 et seq.), but which in no case shall exceed or be more restrictive than the requirements or standards of such act.

Sec. 312   RCW 49.60.250 and 2008 c 266 s 8 are each amended to read as follows:
     (1) In case of failure to reach an agreement for the elimination of such unfair practice, and upon the entry of findings to that effect, the entire file, including the complaint and any and all findings made, shall be certified to the ((chairperson of the commission)) office. The ((chairperson of the commission)) director shall thereupon request the appointment of an administrative law judge under Title 34 RCW to hear the complaint and shall cause to be issued and served in the name of the ((commission)) office a written notice, together with a copy of the complaint, as the same may have been amended, requiring the respondent to answer the charges of the complaint at a hearing before the administrative law judge, at a time and place to be specified in such notice.
     (2) The place of any such hearing may be the office ((of the commission)) or another place designated by it. The case in support of the complaint shall be presented at the hearing by counsel for the ((commission)) office: PROVIDED, That the complainant may retain independent counsel and submit testimony and be fully heard. No member or employee of the ((commission)) office who previously made the investigation or caused the notice to be issued shall participate in the hearing except as a witness, nor shall the member or employee participate in the deliberations of the administrative law judge in such case. Any endeavors or negotiations for conciliation shall not be received in evidence.
     (3) The respondent shall file a written answer to the complaint and appear at the hearing in person or otherwise, with or without counsel, and submit testimony and be fully heard. The respondent has the right to cross-examine the complainant.
     (4) The administrative law judge conducting any hearing may permit reasonable amendment to any complaint or answer. Testimony taken at the hearing shall be under oath and recorded.
     (5) If, upon all the evidence, the administrative law judge finds that the respondent has engaged in any unfair practice, the administrative law judge shall state findings of fact and shall issue and file with the ((commission)) director and cause to be served on such respondent an order requiring such respondent to cease and desist from such unfair practice and to take such affirmative action, including, (but not limited to) hiring, reinstatement or upgrading of employees, with or without back pay, an admission or restoration to full membership rights in any respondent organization, or to take such other action as, in the judgment of the administrative law judge, will effectuate the purposes of this chapter, including action that could be ordered by a court, except that damages for humiliation and mental suffering shall not exceed twenty thousand dollars, and including a requirement for report of the matter on compliance. Relief available for violations of RCW 49.60.222 through 49.60.224 shall be limited to the relief specified in RCW 49.60.225.
     (6) If a determination is made that retaliatory action, as defined in RCW 42.40.050, has been taken against a whistleblower, as defined in RCW 42.40.020, the administrative law judge may, in addition to any other remedy, require restoration of benefits, back pay, and any increases in compensation that would have occurred, with interest; impose a civil penalty upon the retaliator of up to five thousand dollars; and issue an order to the state employer to suspend the retaliator for up to thirty days without pay. At a minimum, the administrative law judge shall require that a letter of reprimand be placed in the retaliator's personnel file. No agency shall issue any nondisclosure order or policy, execute any nondisclosure agreement, or spend any funds requiring information that is public under the public records act, chapter 42.56 RCW, be kept confidential; except that nothing in this section shall affect any state or federal law requiring information be kept confidential. All penalties recovered shall be paid into the state treasury and credited to the general fund.
     (7) The final order of the administrative law judge shall include a notice to the parties of the right to obtain judicial review of the order by appeal in accordance with the provisions of RCW 34.05.510 through 34.05.598, and that such appeal must be served and filed within thirty days after the service of the order on the parties.
     (8) If, upon all the evidence, the administrative law judge finds that the respondent has not engaged in any alleged unfair practice, the administrative law judge shall state findings of fact and shall similarly issue and file an order dismissing the complaint.
     (9) An order dismissing a complaint may include an award of reasonable attorneys' fees in favor of the respondent if the administrative law judge concludes that the complaint was frivolous, unreasonable, or groundless.
     (10) The ((commission)) director shall establish rules of practice to govern, expedite, and effectuate the foregoing procedure.
     (11) Instead of filing with the ((commission,)) director a complainant may pursue arbitration conducted by the American arbitration association or another arbitrator mutually agreed by the parties, with the cost of arbitration shared equally by the complainant and the respondent.

Sec. 313   RCW 49.60.260 and 1995 c 259 s 6 are each amended to read as follows:
     (1) The ((commission)) office or any person entitled to relief of a final order may petition the court within the county wherein any unfair practice occurred or wherein any person charged with an unfair practice resides or transacts business for the enforcement of any final order which is not complied with and is issued by the ((commission)) director or an administrative law judge under the provisions of this chapter and for appropriate temporary relief or a restraining order, and shall certify and file in court the final order sought to be enforced. Within five days after filing such petition in court, the commission or any person entitled to relief of a final order shall cause a notice of the petition to be sent by certified mail to all parties or their representatives.
     (2) If within sixty days after the date the administrative law judge's order concerning an unfair practice in a real estate transaction is entered, no petition has been filed under subsection (1) of this section and the commission has not sought enforcement of the final order under this section, any person entitled to relief under the final order may petition for a decree enforcing the order in the superior courts of the state of Washington for the county in which the unfair practice in a real estate transaction under RCW 49.60.222 through 49.60.224 is alleged to have occurred.
     (3) From the time the petition is filed, the court shall have jurisdiction of the proceedings and of the questions determined thereon, and shall have the power to grant such temporary relief or restraining order as it deems just and suitable.
     (4) If the petition shows that there is a final order issued by the ((commission)) director or administrative law judge under RCW 49.60.240 or 49.60.250 and that the order has not been complied with in whole or in part, the court shall issue an order directing the person who is alleged to have not complied with the administrative order to appear in court at a time designated in the order, not less than ten days from the date thereof, and show cause why the administrative order should not be enforced according to the terms. The ((commission)) office or any person entitled to relief of any final order shall immediately serve the noncomplying party with a copy of the court order and the petition.
     (5) The administrative order shall be enforced by the court if the person does not appear, or if the person appears and the court finds that:
     (a) The order is regular on its face;
     (b) The order has not been complied with; and
     (c) The person's answer discloses no valid reason why the order should not be enforced, or that the reason given in the person's answer could have been raised by review under RCW 34.05.510 through 34.05.598, and the person has given no valid excuse for failing to use that remedy.
     (6) The jurisdiction of the court shall be exclusive and its judgment and decree shall be final, except that the same shall be subject to appellate review by the supreme court or the court of appeals, on appeal, by either party, irrespective of the nature of the decree or judgment. The review shall be taken and prosecuted in the same manner and form and with the same effect as is provided in other cases.

Sec. 314   RCW 49.60.270 and 1985 c 185 s 25 are each amended to read as follows:
     Any respondent or complainant, including the ((commission)) office, aggrieved by a final order of an administrative law judge may obtain judicial review of such order as provided under the administrative procedure act, chapter 34.05 RCW. From the time a petition for review is filed, the court has jurisdiction to grant to any party such temporary relief or restraining order as it deems just and suitable. If the court affirms the order, it shall enter a judgment and decree enforcing the order as affirmed.

Sec. 315   RCW 49.60.310 and 1985 c 185 s 26 are each amended to read as follows:
     Any person who ((wilfully)) willfully resists, prevents, impedes, or interferes with the ((commission)) office or any of its ((members or representatives)) employees in the performance of duty under this chapter, or who ((wilfully)) willfully violates an order of the ((commission)) director, is guilty of a misdemeanor; but procedure for the review of the order shall not be deemed to be such ((wilful)) willful conduct.

Sec. 316   RCW 49.60.320 and 1985 c 185 s 27 are each amended to read as follows:
     In any case in which the ((commission)) director shall issue an order against any political or civil subdivision of the state, or any agency, or instrumentality of the state or of the foregoing, or any officer or employee thereof, the ((commission)) director shall transmit a copy of such order to the governor of the state. The governor shall take such action to secure compliance with such order as the governor deems necessary.

Sec. 317   RCW 49.60.340 and 1993 c 69 s 13 are each amended to read as follows:
     (1) Any complainant on whose behalf the reasonable cause finding was made, a respondent, or an aggrieved person may, with respect to real estate transactions pursuant to RCW 49.60.222 through 49.60.225, elect to have the claims on which reasonable cause was found decided in a civil action under RCW 49.60.030(2) in lieu of a hearing under RCW 49.60.250. This election must be made not later than twenty days after the service of the reasonable cause finding. The person making such election shall give notice of doing so to the commission and to all other complainants and respondents to whom the charge relates. Any reasonable cause finding issued by the commission pursuant to the procedures contained in this chapter shall become final twenty days after service of the reasonable cause finding unless a written notice of election is received by the ((commission)) office within the twenty-day period.
     (2) If an election is made under subsection (1) of this section, the ((commission)) director shall authorize not later than thirty days after the election is made, and the attorney general shall commence, a civil action on behalf of the aggrieved person in a superior court of the state of Washington seeking relief under this section.
     (3) Any aggrieved person with respect to the issues to be deter- mined in a civil action under this section may intervene as of right in that civil action.
     (4) In a civil action under this section, if the court finds that an unfair practice in a real estate transaction has occurred or is about to occur, the court may grant any relief that a court could grant with respect to such an unfair practice in a real estate transaction in a civil action under RCW 49.60.030(2). If monetary relief is sought for the benefit of an aggrieved person who does not intervene in the civil action, the court shall not award such relief if that aggrieved person has not complied with discovery orders entered by the court.
     (5) In any administrative proceeding under this section where the respondent is the prevailing party, a complainant who intervenes by filing a notice of independent appearance may be liable for reasonable attorneys' fees and costs only to the extent that the intervening participation in the administrative proceeding was frivolous or vexatious, or was for the purpose of harassment.
     (6) In any administrative proceeding brought under RCW 49.60.225 or any court proceeding arising therefrom, or any civil action under this section, the administrative law judge or the court in its discretion may allow the prevailing party, other than the ((commission)) office, reasonable attorneys' fees and costs.

Sec. 318   RCW 49.60.350 and 1993 c 69 s 2 are each amended to read as follows:
     (1) The superior courts of the state of Washington shall have jurisdiction upon petition of the ((commission)) office, through the attorney general, to seek appropriate temporary or preliminary relief to enjoin any unfair practice in violation of RCW 49.60.222 through 49.60.225, from which prompt judicial action is necessary to carry out the purposes of this chapter.
     (2) The commencement of a civil action under this section does not preclude the initiation or continuation of administrative proceedings under this chapter.

Sec. 319   RCW 49.60.360 and 1994 c 262 s 17 are each amended to read as follows:
     (1) Every person, firm, partnership, association, trustee, or corporation which operates a gasoline service station, or other facility which offers gasoline or other motor vehicle fuel for sale to the public from such a facility, shall provide, upon request, refueling service to disabled drivers, unaccompanied by passengers capable of safely providing refueling service, of vehicles which display a disabled person's license plate or placard issued by the department of licensing. The price charged for the motor vehicle fuel in such a case shall be no greater than that which the facility otherwise would charge the public generally to purchase motor vehicle fuel without refueling service. This section does not require a facility to provide disabled drivers with services, including but not limited to checking oil or cleaning windshields, other than refueling services.
     (2) This section does not apply to:
     (a) Exclusive self-service gas stations which have remotely controlled gas pumps and which never provide pump island service; and
     (b) Convenience stores which sell gasoline, which have remotely controlled gas pumps and which never provide pump island service.
     (3) Any person who, as a responsible managing individual setting service policy of a station or facility or as an employee acting independently against set service policy, acts in violation of this section is guilty of a misdemeanor. This subsection shall be enforced by the prosecuting attorney.
     (4) The ((human rights commission)) office shall, upon the filing of a verified written complaint by any person, investigate the actions of any person, firm, partnership, association, trustee, or corporation alleged to have violated this section. The complaint shall be in the form prescribed by the ((commission)) director. The ((commission)) director may, upon ((its)) his or her own motion, issue complaints and conduct investigations of alleged violations of this section.
     RCW 49.60.240 through 49.60.280 shall apply to complaints under this section.
     (5) In addition to those matters referred pursuant to subsection (3) of this section, the prosecuting attorney may investigate and prosecute alleged violations of this section.
     (6) Any person who intentionally displays a license plate or placard which is invalid, or which was not lawfully issued to that person, for the purpose of obtaining refueling service under subsection (1) of this section shall be subject to a civil fine of one hundred dollars for each such violation.
     (7) A notice setting forth the provisions of this section shall be provided by the department of licensing to every person, firm, partnership, association, trustee, or corporation which operates a gasoline service station, or other facility which offers gasoline or other motor vehicle fuel for sale to the public from such a facility.
     (8) A notice setting forth the provisions of this section shall be provided by the department of licensing to every person who is issued a disabled person's license plate or placard.
     (9) For the purposes of this section, "refueling service" means the service of pumping motor vehicle fuel into the fuel tank of a motor vehicle.
     (10) Nothing in this section limits or restricts the rights or remedies provided under chapter 49.60 RCW.

Sec. 320   RCW 49.60.370 and 1997 c 271 s 23 are each amended to read as follows:
     (1) A person who negligently or maliciously kills or injures a dog guide or service animal is liable for a penalty of one thousand dollars, to be paid to the user of the animal. The penalty shall be in addition to and not in lieu of any other remedies or penalties, civil or criminal, provided by law.
     (2) A user or owner of a dog guide or service animal, whose animal is negligently or maliciously injured or killed, is entitled to recover reasonable attorneys' fees and costs incurred in pursuing any civil remedy.
     (3) The ((commission)) office has no duty to investigate any negligent or malicious acts referred to under this section.

NEW SECTION.  Sec. 321   (1) The office of civil rights has the power and duty to investigate and resolve complaints filed under chapters 39.19 and 49.60 RCW. The process and procedures in each chapter differ from each other in many respects. In addition, the process and procedures may not represent the best practices for the agency or the public.
     (2) The office shall review the investigation and hearing process and procedures used in accordance with chapters 39.19 and 49.60 RCW and develop recommendations to the governor as to what procedures should be required for investigations and hearings to accomplish the purpose of each chapter and mission of the agency. The office shall review the procedures used in other civil rights agencies in this state and in other states. The office shall seek input from stakeholders and interested parties. The office shall submit a report to the office of financial management by October 30, 2011. The report shall include any draft legislation needed to accomplish the report's recommendations.

Sec. 322   RCW 2.56.031 and 2010 1st sp.s. c 7 s 61 are each amended to read as follows:
     The administrator for the courts shall develop a plan to improve the collection and reporting of information on juvenile offenders by all juvenile courts in the state. The information related to juvenile offenders shall include, but is not limited to, social, demographic, education, and economic data on juvenile offenders and where possible, their families. Development and implementation of the plan shall be accomplished in consultation with the ((human rights commission)) office of civil rights, superior court judges, juvenile justice administrators, and interested juvenile justice practitioners and researchers. The plan shall include a schedule and budget for implementation and shall be provided to the office of financial management by September 15, 1993.

Sec. 323   RCW 13.06.050 and 1993 c 415 s 7 are each amended to read as follows:
     No county shall be entitled to receive any state funds provided by this chapter until its application and plan are approved, and unless and until the minimum standards prescribed by the department of social and health services are complied with and then only on such terms as are set forth in this section. In addition, any county making application for state funds under this chapter that also operates a juvenile detention facility must have standards of operations in place that include: Intake and admissions, medical and health care, communication, correspondence, visiting and telephone use, security and control, sanitation and hygiene, juvenile rights, rules and discipline, property, juvenile records, safety and emergency procedures, programming, release and transfer, training and staff development, and food service.
     (1) The distribution of funds to a county or a group of counties shall be based on criteria including but not limited to the county's per capita income, regional or county at-risk populations, juvenile crime or arrest rates, rates of poverty, size of racial minority populations, existing programs, and the effectiveness and efficiency of consolidating local programs towards reducing commitments to state correctional facilities for offenders whose standard range disposition does not include commitment of the offender to the department and reducing reliance on other traditional departmental services.
     (2) The secretary will reimburse a county upon presentation and approval of a valid claim pursuant to the provisions of this chapter based on actual performance in meeting the terms and conditions of the approved plan and contract. Funds received by participating counties under this chapter shall not be used to replace local funds for existing programs.
     (3) The secretary, in conjunction with the ((human rights commission)) office of civil rights, shall evaluate the effectiveness of programs funded under this chapter in reducing racial disproportionality. The secretary shall investigate whether implementation of such programs has reduced disproportionality in counties with initially high levels of disproportionality. The analysis shall indicate which programs are cost-effective in reducing disproportionality in such areas as alternatives to detention, intake and risk assessment standards pursuant to RCW 13.40.038, alternatives to incarceration, and in the prosecution and adjudication of juveniles. The secretary shall report his or her findings to the legislature by December 1, 1994, and December 1 of each year thereafter.

Sec. 324   RCW 28B.10.912 and 1994 c 105 s 3 are each amended to read as follows:
     Each institution of higher education shall ensure that students with disabilities are reasonably accommodated within that institution. The institution of higher education shall provide students with disabilities with the appropriate core service or services necessary to ensure equal access.
     Core services shall include, but not be limited to:
     (1) Flexible procedures in the admissions process that use a holistic review of the student's potential, including appropriate consideration in statewide and institutional alternative admissions programs;
     (2) Early registration or priority registration;
     (3) Sign language, oral and tactile interpreter services, or other technological alternatives;
     (4) Textbooks and other educational materials in alternative media, including, but not limited to, large print, braille, electronic format, and audio tape;
     (5) Provision of readers, notetakers, scribes, and proofreaders including recruitment, training, and coordination;
     (6) Ongoing review and coordination of efforts to improve campus accessibility, including but not limited to, all aspects of barrier- free design, signage, high-contrast identification of hazards of mobility barriers, maintenance of access during construction, snow and ice clearance, and adequate disability parking for all facilities;
     (7) Facilitation of physical access including, but not limited to, relocating of classes, activities, and services to accessible facilities and orientation if route of travel needs change, such as at the beginning of a quarter or semester;
     (8) Access to adaptive equipment including, but not limited to, TDDs, FM communicators, closed caption devices, amplified telephone receivers, closed circuit televisions, low-vision reading aids, player/recorders for 15/16 4-track tapes, photocopy machines able to use eleven-by-seventeen inch paper, brailling devices, and computer enhancements;
     (9) Referral to appropriate on-campus and off-campus resources, services, and agencies;
     (10) Release of syllabi, study guides, and other appropriate instructor-produced materials in advance of general distribution, and access beyond the regular classroom session to slides, films, overheads and other media and taping of lectures;
     (11) Accessibility for students with disabilities to tutoring, mentoring, peer counseling, and academic advising that are available on campus;
     (12) Flexibility in test taking arrangements;
     (13) Referral to the appropriate entity for diagnostic assessment and documentation of the disability;
     (14) Flexibility in timelines for completion of courses, certification, and degree requirements;
     (15) Flexibility in credits required to be taken to satisfy institutional eligibility for financial aid; and
     (16) Notification of the institution of higher education's policy of nondiscrimination on the basis of disability and of steps the student may take if he or she believes discrimination has taken place. This notice shall be included in all formal correspondence that communicates decisions or policies adversely affecting the student's status or rights with the institution of higher education. This notice shall include the phone numbers of the United States department of education, the United States office of civil rights, and the Washington state ((human rights commission)) office of civil rights.

Sec. 325   RCW 28B.10.916 and 2004 c 46 s 1 are each amended to read as follows:
     (1) An individual, firm, partnership or corporation that publishes or manufactures instructional materials for students attending any public or private institution of higher education in the state of Washington shall provide to the public or private institution of higher education, for use by students attending the institution, any instructional material in an electronic format mutually agreed upon by the publisher or manufacturer and the public or private institution of higher education. Computer files or electronic versions of printed instructional materials shall be provided; video materials must be captioned or accompanied by transcriptions of spoken text; and audio materials must be accompanied by transcriptions. These supplemental materials shall be provided to the public or private institution of higher education at no additional cost and in a timely manner, upon receipt of a written request as provided in subsection (2) of this section.
     (2) A written request for supplemental materials must:
     (a) Certify that a student with a print access disability attending or registered to attend a public or participating private institution of higher education has purchased the instructional material or the public or private institution of higher education has purchased the instructional material for use by a student with a print access disability;
     (b) Certify that the student has a print access disability that substantially prevents him or her from using standard instructional materials;
     (c) Certify that the instructional material is for use by the student in connection with a course in which he or she is registered or enrolled at the public or private institution of higher education; and
     (d) Be signed by the coordinator of services for students with disabilities at the public or private institution of higher education or by the college or campus official responsible for monitoring compliance with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) at the public or private institution of higher education.
     (3) An individual, firm, partnership or corporation specified in subsection (1) of this section may also require that, in addition to the requirements in subsection (2) of this section, the request include a statement signed by the student agreeing to both of the following:
     (a) He or she will use the instructional material provided in specialized format solely for his or her own educational purposes; and
     (b) He or she will not copy or duplicate the instructional material provided in specialized format for use by others.
     (4) If a public or private institution of higher education provides a student with the specialized format version of an instructional material, the media must be copy-protected or the public or private institution of higher education shall take other reasonable precautions to ensure that students do not copy or distribute specialized format versions of instructional materials in violation of the Copyright Revisions Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
     (5) For purposes of this section:
     (a) "Instructional material or materials" means textbooks and other materials that are required or essential to a student's success in a postsecondary course of study in which a student with a disability is enrolled. The determination of which materials are "required or essential to student success" shall be made by the instructor of the course in consultation with the official making the request in accordance with guidelines issued pursuant to subsection (9) of this section. The term specifically includes both textual and nontextual information.
     (b) "Print access disability" means a condition in which a person's independent reading of, reading comprehension of, or visual access to materials is limited or reduced due to a sensory, neurological, cognitive, physical, psychiatric, or other disability recognized by state or federal law. The term is applicable, but not limited to, persons who are blind, have low vision, or have reading disorders or physical disabilities.
     (c) "Structural integrity" means all instructional material, including but not limited to the text of the material, sidebars, the table of contents, chapter headings and subheadings, footnotes, indexes, glossaries, graphs, charts, illustrations, pictures, equations, formulas, and bibliographies. Structural order of material shall be maintained. Structural elements, such as headings, lists, and tables must be identified using current markup and tools. If good faith efforts fail to produce an agreement between the publisher or manufacturer and the public or private institution of higher education, as to an electronic format that will preserve the structural integrity of instructional materials, the publisher or manufacturer shall provide the instructional material in a verified and valid HTML format and shall preserve as much of the structural integrity of the instructional materials as possible.
     (d) "Specialized format" means Braille, audio, or digital text that is exclusively for use by blind or other persons with print access disabilities.
     (6) Nothing in this section is to be construed to prohibit a public or private institution of higher education from assisting a student with a print access disability through the use of an electronic version of instructional material gained through this section or by transcribing or translating or arranging for the transcription or translation of the instructional material into specialized formats that provide persons with print access disabilities the ability to have increased independent access to instructional materials. If such specialized format is made, the public or private institution of higher education may share the specialized format version of the instructional material with other students with print access disabilities for whom the public or private institution of higher education is authorized to request electronic versions of instructional material. The addition of captioning to video material by a Washington public or private institution of higher education does not constitute an infringement of copyright.
     (7) A specialized format version of instructional materials developed at one public or private institution of higher education in Washington state may be shared for use by a student at another public or private institution of higher education in Washington state for whom the latter public or private institution of higher education is authorized to request electronic versions of instructional material.
     (8) Nothing in this section shall be deemed to authorize any use of instructional materials that would constitute an infringement of copyright under the Copyright Revision Act of 1976, as amended (17 U.S.C. Sec. 101 et seq.).
     (9) The governing boards of public and participating private institutions of higher education in Washington state shall each adopt guidelines consistent with this section for its implementation and administration. At a minimum, the guidelines shall address all of the following:
     (a) The designation of materials deemed "required or essential to student success";
     (b) The determination of the availability of technology for the conversion of materials pursuant to subsection (4) of this section and the conversion of mathematics and science materials pursuant to subsection (5)(c) of this section;
     (c) The procedures and standards relating to distribution of files and materials pursuant to this section;
     (d) The guidelines shall include procedures for granting exceptions when it is determined that an individual, firm, partnership or corporation that publishes or manufactures instructional materials is not technically able to comply with the requirements of this section; and
     (e) Other matters as are deemed necessary or appropriate to carry out the purposes of this section.
     (10) A violation of this chapter constitutes an unfair practice under chapter 49.60 RCW, the law against discrimination. All rights and remedies under chapter 49.60 RCW, including the right to file a complaint with the ((human rights commission)) office of civil rights and to bring a civil action, apply.

Sec. 326   RCW 28B.110.030 and 1989 c 341 s 3 are each amended to read as follows:
     In consultation with institutions of higher education, the higher education coordinating board shall develop rules and guidelines to eliminate possible gender discrimination to students, including sexual harassment, at institutions of higher education as defined in RCW 28B.10.016. The rules and guidelines shall include but not be limited to access to academic programs, student employment, counseling and guidance services, financial aid, recreational activities including club sports, and intercollegiate athletics.
     (1) With respect to higher education student employment, all institutions shall be required to:
     (a) Make no differentiation in pay scales on the basis of gender;
     (b) Assign duties without regard to gender except where there is a bona fide occupational qualification as approved by the Washington ((human rights commission)) office of civil rights;
     (c) Provide the same opportunities for advancement to males and females; and
     (d) Make no difference in the conditions of employment on the basis of gender in areas including, but not limited to, hiring practices, leaves of absence, and hours of employment.
     (2) With respect to admission standards, admissions to academic programs shall be made without regard to gender.
     (3) Counseling and guidance services for students shall be made available to all students without regard to gender. All academic and counseling personnel shall be required to stress access to all career and vocational opportunities to students without regard to gender.
     (4) All academic programs shall be available to students without regard to gender.
     (5) With respect to recreational activities, recreational activities shall be offered to meet the interests of students. Institutions which provide the following shall do so with no disparities based on gender: Equipment and supplies; medical care; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; laundry services; assignment of game officials; opportunities for competition, publicity, and awards; and scheduling of games and practice times, including use of courts, gyms, and pools. Each institution which provides showers, toilets, lockers, or training room facilities for recreational purposes shall provide comparable facilities for both males and females.
     (6) With respect to financial aid, financial aid shall be equitably awarded by type of aid, with no disparities based on gender.
     (7) With respect to intercollegiate athletics, institutions that provide the following shall do so with no disparities based on gender:
     (a) Benefits and services including, but not limited to, equipment and supplies; medical services; services and insurance; transportation and per diem allowances; opportunities to receive coaching and instruction; scholarships and other forms of financial aid; conditioning programs; laundry services; assignment of game officials; opportunities for competition, publicity, and awards; and scheduling of games and practice times, including use of courts, gyms, and pools. Each institution which provides showers, toilets, lockers, or training room facilities for athletic purposes shall provide comparable facilities for both males and females.
     (b) Opportunities to participate in intercollegiate athletics. Institutions shall provide equitable opportunities to male and female students.
     (c) Male and female coaches and administrators. Institutions shall attempt to provide some coaches and administrators of each gender to act as role models for male and female athletes.
     (8) Each institution shall develop and distribute policies and procedures for handling complaints of sexual harassment.

Sec. 327   RCW 28B.110.050 and 1989 c 341 s 5 are each amended to read as follows:
     A violation of this chapter shall constitute an unfair practice under chapter 49.60 RCW, the law against discrimination. All rights and remedies under chapter 49.60 RCW, including the right to file a complaint with the ((human rights commission)) office of civil rights and to bring a civil action, shall apply.

Sec. 328   RCW 34.12.037 and 1985 c 185 s 29 are each amended to read as follows:
     When requested by the state ((human rights commission)) office of civil rights, the chief administrative law judge shall assign an administrative law judge to conduct proceedings under chapter 49.60 RCW.

Sec. 329   RCW 41.06.150 and 2002 c 371 s 906, 2002 c 354 s 203, 2002 c 354 s 202, and 2002 c 110 s 1 are each reenacted and amended to read as follows:
     The board shall adopt rules, consistent with the purposes and provisions of this chapter, as now or hereafter amended, and with the best standards of personnel administration, regarding the basis and procedures to be followed for:
     (1) The reduction, dismissal, suspension, or demotion of an employee;
     (2) Certification of names for vacancies, including departmental promotions, with the number of names equal to six more names than there are vacancies to be filled, such names representing applicants rated highest on eligibility lists: PROVIDED, That when other applicants have scores equal to the lowest score among the names certified, their names shall also be certified;
     (3) Examinations for all positions in the competitive and noncompetitive service;
     (4) Appointments;
     (5) Training and career development;
     (6) Probationary periods of six to twelve months and rejections of probationary employees, depending on the job requirements of the class, except as follows:
     (a) Entry level state park rangers shall serve a probationary period of twelve months;
     (b) The probationary period of campus police officer appointees who are required to attend the Washington state criminal justice training commission basic law enforcement academy shall extend from the date of appointment until twelve months from the date of successful completion of the basic law enforcement academy, or twelve months from the date of appointment if academy training is not required. The board shall adopt rules to ensure that employees promoting to campus police officer who are required to attend the Washington state criminal justice training commission basic law enforcement academy shall have the trial service period extend from the date of appointment until twelve months from the date of successful completion of the basic law enforcement academy, or twelve months from the date of appointment if academy training is not required;
     (7) Transfers;
     (8) Sick leaves and vacations;
     (9) Hours of work;
     (10) Layoffs when necessary and subsequent reemployment, both according to seniority;
     (11) Collective bargaining procedures:
     (a) After certification of an exclusive bargaining representative and upon the representative's request, the director shall hold an election among employees in a bargaining unit to determine by a majority whether to require as a condition of employment membership in the certified exclusive bargaining representative on or after the thirtieth day following the beginning of employment or the date of such election, whichever is the later, and the failure of an employee to comply with such a condition of employment constitutes cause for dismissal: PROVIDED FURTHER, That no more often than once in each twelve-month period after expiration of twelve months following the date of the original election in a bargaining unit and upon petition of thirty percent of the members of a bargaining unit the director shall hold an election to determine whether a majority wish to rescind such condition of employment: PROVIDED FURTHER, That for purposes of this clause, membership in the certified exclusive bargaining representative is satisfied by the payment of monthly or other periodic dues and does not require payment of initiation, reinstatement, or any other fees or fines and includes full and complete membership rights: AND PROVIDED FURTHER, That in order to safeguard the right of nonassociation of public employees, based on bona fide religious tenets or teachings of a church or religious body of which such public employee is a member, such public employee shall pay to the union, for purposes within the program of the union as designated by such employee that would be in harmony with his or her individual conscience, an amount of money equivalent to regular union dues minus any included monthly premiums for union-sponsored insurance programs, and such employee shall not be a member of the union but is entitled to all the representation rights of a union member;
     (b) Agreements between agencies and certified exclusive bargaining representatives providing for grievance procedures and collective negotiations on all personnel matters over which the appointing authority of the appropriate bargaining unit of such agency may lawfully exercise discretion;
     (c) Written agreements may contain provisions for payroll deductions of employee organization dues upon authorization by the employee member and for the cancellation of such payroll deduction by the filing of a proper prior notice by the employee with the appointing authority and the employee organization: PROVIDED, That nothing contained herein permits or grants to any employee the right to strike or refuse to perform his or her official duties;
     (d) A collective bargaining agreement entered into under this subsection before July 1, 2004, covering employees subject to RCW 41.80.001 and 41.80.010 through 41.80.130, that expires after July 1, 2004, shall remain in full force during its duration, or until superseded by a collective bargaining agreement entered into by the parties under RCW 41.80.001 and 41.80.010 through 41.80.130. However, an agreement entered into before July 1, 2004, may not be renewed or extended beyond July 1, 2005. This subsection (11) does not apply to collective bargaining negotiations or collective bargaining agreements entered into under RCW 41.80.001 and 41.80.010 through 41.80.130;
     (12) Adoption and revision of a comprehensive classification plan for all positions in the classified service, based on investigation and analysis of the duties and responsibilities of each such position.
     (a) The board shall not adopt job classification revisions or class studies unless implementation of the proposed revision or study will result in net cost savings, increased efficiencies, or improved management of personnel or services, and the proposed revision or study has been approved by the director of financial management in accordance with chapter 43.88 RCW.
     (b) Reclassifications, class studies, and salary adjustments are governed by (a) of this subsection and RCW 41.06.152;
     (13) Allocation and reallocation of positions within the classification plan;
     (14) Adoption and revision of a state salary schedule to reflect the prevailing rates in Washington state private industries and other governmental units but the rates in the salary schedules or plans shall be increased if necessary to attain comparable worth under an implementation plan under RCW 41.06.155 and that, for institutions of higher education and related boards, shall be competitive for positions of a similar nature in the state or the locality in which an institution of higher education or related board is located, such adoption and revision subject to approval by the director of financial management in accordance with the provisions of chapter 43.88 RCW;
     (15) Increment increases within the series of steps for each pay grade based on length of service for all employees whose standards of performance are such as to permit them to retain job status in the classified service;
     (16) Optional lump sum relocation compensation approved by the agency director, whenever it is reasonably necessary that a person make a domiciliary move in accepting a transfer or other employment with the state. An agency must provide lump sum compensation within existing resources. If the person receiving the relocation payment terminates or causes termination with the state, for reasons other than layoff, disability separation, or other good cause as determined by an agency director, within one year of the date of the employment, the state is entitled to reimbursement of the lump sum compensation from the person;
     (17) Providing for veteran's preference as required by existing statutes, with recognition of preference in regard to layoffs and subsequent reemployment for veterans and their surviving spouses by giving such eligible veterans and their surviving spouses additional credit in computing their seniority by adding to their unbroken state service, as defined by the board, the veteran's service in the military not to exceed five years. For the purposes of this section, "veteran" means any person who has one or more years of active military service in any branch of the armed forces of the United States or who has less than one year's service and is discharged with a disability incurred in the line of duty or is discharged at the convenience of the government and who, upon termination of such service has received an honorable discharge, a discharge for physical reasons with an honorable record, or a release from active military service with evidence of service other than that for which an undesirable, bad conduct, or dishonorable discharge shall be given: PROVIDED, HOWEVER, That the surviving spouse of a veteran is entitled to the benefits of this section regardless of the veteran's length of active military service: PROVIDED FURTHER, That for the purposes of this section "veteran" does not include any person who has voluntarily retired with twenty or more years of active military service and whose military retirement pay is in excess of five hundred dollars per month;
     (18) Permitting agency heads to delegate the authority to appoint, reduce, dismiss, suspend, or demote employees within their agencies if such agency heads do not have specific statutory authority to so delegate: PROVIDED, That the board may not authorize such delegation to any position lower than the head of a major subdivision of the agency;
     (19) Assuring persons who are or have been employed in classified positions before July 1, 1993, will be eligible for employment, reemployment, transfer, and promotion in respect to classified positions covered by this chapter;
     (20) Affirmative action in appointment, promotion, transfer, recruitment, training, and career development; development and implementation of affirmative action goals and timetables; and monitoring of progress against those goals and timetables.
     The board shall consult with the ((human rights commission)) office of civil rights in the development of rules pertaining to affirmative action. The department of personnel shall transmit a report annually to the ((human rights commission)) office of civil rights which states the progress each state agency has made in meeting affirmative action goals and timetables.
     Notwithstanding this section and rules of the board adopted under this section, agencies may place employees on temporary unpaid leave during the 2001-2003 fiscal biennium for the purpose of implementing appropriations reductions enacted in the 2002 supplemental appropriations act. Mandatory unpaid leave must be approved by the agency director, and must be, to the greatest extent possible, mutually agreeable to the employee and employer. Employees taking mandatory temporary unpaid leave will not lose seniority, leave accrual, or health insurance benefits.

Sec. 330   RCW 43.01.135 and 2007 c 76 s 2 are each amended to read as follows:
     Agencies as defined in RCW 41.06.020 shall:
     (1) Update or develop and disseminate among all agency employees and contractors a policy that:
     (a) Defines and prohibits sexual harassment in the workplace;
     (b) Includes procedures that describe how the agency will address concerns of employees who are affected by sexual harassment in the workplace;
     (c) Identifies appropriate sanctions and disciplinary actions; and
     (d) Complies with guidelines adopted by the director of personnel under RCW 41.06.395;
     (2) Respond promptly and effectively to sexual harassment concerns;
     (3) Conduct training and education for all employees in order to prevent and eliminate sexual harassment in the organization;
     (4) Inform employees of their right to file a complaint with the Washington ((state human rights commission)) office of civil rights under chapter 49.60 RCW, or with the federal equal employment opportunity commission under Title VII of the civil rights act of 1964; and
     (5) Report to the department of personnel on compliance with this section.
     The cost of the training programs shall be borne by state agencies within existing resources.

Sec. 331   RCW 43.43.340 and 1985 c 365 s 6 are each amended to read as follows:
     (1) The names of all officers who have passed examinations satisfactorily shall be placed on an eligible list in the order of the grade attained in the examinations. The chief, or the committee mentioned in RCW 43.43.330 at the chief's request, may determine the lowest examination grade which will qualify an officer for inclusion of his or her name on an eligible list. Examination papers shall be graded promptly and an eligible list shall be made up immediately thereafter. All officers taking an examination shall be informed of the grade earned.
     (2) After an eligible list is made up all promotions shall be made from the five top names on the applicable list, and if needed to comply with affirmative action goals three additional names referred under subsection (3) of this section. Not all three additional names need be promoted at the time they are referred and they may be referred more than once. Each officer shall be informed in writing as his or her name is included in the top five on an eligible list or referred under subsection (3) of this section. No officer whose name appears within the top five on any eligible list shall be passed over for promotion more than three times.
     (3) If the vacancy to be filled is identified as part of the state patrol's affirmative action goals as established under its affirmative action plan, the chief may refer for consideration up to three additional names per vacancy of individuals who are on the eligible list and who are members of one or more of the protected groups under Title VII of the 1964 Civil Rights Act and chapter 49.60 RCW, or for federal contract compliance purposes, veterans and disabled veterans as defined in the Vietnam Era Veterans Readjustment Act of 1974, Title 41 C.F.R., chapter 60, part 60-250.
     The three additional names referred for each vacancy shall be the top three members of the protected groups designated by the chief for referral for that vacancy in accordance with the state patrol's affirmative action goals. These names shall be drawn in rank order from the remaining names of protected group members on the eligible list, after ranking by examination grade. For each vacancy, a total of three supplementary names may be referred.
     (4) After having qualified for promotion hereunder an officer must pass a medical examination and must be certified as to physical fitness to perform the duties of the advanced position by one of three doctors designated by the chief of the Washington state patrol.
     (5) The state patrol shall consult with the ((human rights commission)) office of civil rights in the development of rules pertaining to affirmative action. The state patrol shall transmit a report annually to the ((human rights commission)) office of civil rights which states the progress the state patrol has made in meeting affirmative action goals and timetables.

Sec. 332   RCW 49.44.090 and 1993 c 510 s 24 are each amended to read as follows:
     It shall be an unfair practice:
     (1) For an employer or licensing agency, because an individual is forty years of age or older, to refuse to hire or employ or license or to bar or to terminate from employment such individual, or to discriminate against such individual in promotion, compensation or in terms, conditions or privileges of employment: PROVIDED, That employers or licensing agencies may establish reasonable minimum and/or maximum age limits with respect to candidates for positions of employment, which positions are of such a nature as to require extraordinary physical effort, endurance, condition or training, subject to the approval of the executive director of the Washington state ((human rights commission)) office of civil rights or the director of labor and industries through the division of industrial relations.
     (2) For any employer, licensing agency or employment agency to print or circulate or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment or to make any inquiry in connection with prospective employment, which expresses any limitation, specification or discrimination respecting individuals forty years of age or older: PROVIDED, That nothing herein shall forbid a requirement of disclosure of birth date upon any form of application for employment or by the production of a birth certificate or other sufficient evidence of the applicant's true age after an employee is hired.
     Nothing contained in this section or in RCW 49.60.180 as to age shall be construed to prevent the termination of the employment of any person who is physically unable to perform his or her duties or to affect the retirement policy or system of any employer where such policy or system is not merely a subterfuge to evade the purposes of this section; nor shall anything in this section or in RCW 49.60.180 be deemed to preclude the varying of insurance coverages according to an employee's age; nor shall this section be construed as applying to any state, county, or city law enforcement agencies, or as superseding any law fixing or authorizing the establishment of reasonable minimum or maximum age limits with respect to candidates for certain positions in public employment which are of such a nature as to require extraordinary physical effort, or which for other reasons warrant consideration of age factors.

Sec. 333   RCW 49.74.010 and 1985 c 365 s 8 are each amended to read as follows:
     As used in this chapter, (("commission")) "office" means the Washington state ((human rights commission)) office of civil rights.

Sec. 334   RCW 49.74.020 and 1993 c 281 s 57 are each amended to read as follows:
     If the ((commission)) office reasonably believes that a state agency, an institution of higher education, or the state patrol has failed to comply with an affirmative action rule adopted under RCW 41.06.150 or 43.43.340, the ((commission)) office shall notify the director of the state agency, president of the institution of higher education, or chief of the Washington state patrol of the noncompliance, as well as the director of personnel. The ((commission)) office shall give the director of the state agency, president of the institution of higher education, or chief of the Washington state patrol an opportunity to be heard on the failure to comply.

Sec. 335   RCW 49.74.030 and 2002 c 354 s 246 are each amended to read as follows:
     The ((commission)) office in conjunction with the department of personnel or the state patrol, whichever is appropriate, shall attempt to resolve the noncompliance through conciliation. If an agreement is reached for the elimination of noncompliance, the agreement shall be reduced to writing and an order shall be issued by the ((commission)) office setting forth the terms of the agreement. The noncomplying state agency, institution of higher education, or state patrol shall make a good faith effort to conciliate and make a full commitment to correct the noncompliance with any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules adopted under RCW 41.06.150(6) and 43.43.340(5), whichever is appropriate.

Sec. 336   RCW 49.74.040 and 2002 c 354 s 248 are each amended to read as follows:
     If no agreement can be reached under RCW 49.74.030, the ((commission)) office may refer the matter to the administrative law judge for hearing pursuant to RCW 49.60.250. If the administrative law judge finds that the state agency, institution of higher education, or state patrol has not made a good faith effort to correct the noncompliance, the administrative law judge shall order the state agency, institution of higher education, or state patrol to comply with this chapter. The administrative law judge may order any action that may be necessary to achieve compliance, provided such action is not inconsistent with the rules adopted under RCW 41.06.150(6) and 43.43.340(5), whichever is appropriate.
     An order by the administrative law judge may be appealed to superior court.

NEW SECTION.  Sec. 337   The following acts or parts of acts are each repealed:
     (1) RCW 49.60.050 (Commission created) and 1985 c 185 s 3, 1981 c 338 s 9, 1957 c 37 s 5, & 1955 c 270 s 2;
     (2) RCW 49.60.051 (Board name changed to Washington State Human Rights Commission) and 1971 ex.s. c 52 s 2;
     (3) RCW 49.60.060 (Membership of commission) and 1985 c 185 s 4 & 1955 c 270 s 3;
     (4) RCW 49.60.070 (Compensation and reimbursement for travel expenses of commission members) and 1985 c 185 s 5, 1984 c 287 s 98, 1975-'76 2nd ex.s. c 34 s 145, & 1955 c 270 s 4;
     (5) RCW 49.60.080 (Official seal) and 1985 c 185 s 6 & 1955 c 270 s 5;
     (6) RCW 49.60.090 (Offices of commission) and 1985 c 185 s 7, 1957 c 37 s 6, & 1955 c 270 s 6;
     (7) RCW 49.60.130 (May create advisory agencies and conciliation councils) and 2007 c 187 s 6, 2006 c 4 s 6, 1997 c 271 s 5, 1993 c 510 s 7, 1985 c 185 s 11, 1975-'76 2nd ex.s. c 34 s 146, 1973 1st ex.s. c 214 s 5, 1973 c 141 s 8, 1971 ex.s. c 81 s 2, & 1955 c 270 s 9; and
     (8) RCW 49.60.390 (Rule-making authority--Deadline--1997 c 271) and 1997 c 271 s 25.

PART IV
PROGRAM TRANSFERRED FROM THE DEPARTMENT OF VETERANS AFFAIRS

Sec. 401   RCW 43.60A.190 and 2008 c 187 s 1 are each amended to read as follows:
     (1) The ((department)) office shall:
     (a) Develop and maintain a current list of veteran-owned businesses; and
     (b) Make the list available on the ((department's)) office's public web site.
     (2) To qualify as a veteran-owned business, the business must be at least fifty-one percent owned and controlled by:
     (a) A veteran as defined in RCW 41.04.007; or
     (b) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.
     (3) To participate in the linked deposit program under chapter 43.86A RCW, a veteran-owned business qualified under this section must be certified by the ((department)) office as a business:
     (a) In which the veteran owner possesses and exercises sufficient expertise specifically in the business's field of operation to make decisions governing the long-term direction and the day-to-day operations of the business;
     (b) That is organized for profit and performing a commercially useful function; and
     (c) That meets the criteria for a small business concern as established under chapter 39.19 RCW.
     (4) The department of veterans affairs, in consultation with the office, shall create a logo for the purpose of identifying veteran-owned businesses to the public. The department of veterans affairs shall put the logo on an adhesive sticker or decal suitable for display in a business window and distribute the stickers or decals to veteran-owned businesses listed with the department of veterans affairs.
     (5)(a) Businesses may submit an application on a form prescribed by the ((department)) office for inclusion on the list or to apply for certification under this section.
     (b) The ((department)) office must notify the state treasurer of veteran-owned businesses that are no longer certified under this section. The written notification to the state treasurer must contain information regarding the reasons for the decertification and information on financing provided to the veteran-owned business under RCW 43.86A.060.
     (6) The ((department)) office may adopt rules necessary to implement this section.

Sec. 402   RCW 43.60A.195 and 2010 c 5 s 3 are each amended to read as follows:
     (((1))) The ((department)) office shall:
     (1) D
evelop a procedure for certifying veteran-owned businesses and maintain a list of veteran-owned businesses on the ((department's)) office's public web site((.
     (2) The department shall
));
     (2) A
dopt rules necessary to implement chapter 5, Laws of 2010. The ((department)) office shall consult agencies to determine what specific information they must report to the ((department.
     (3) The department shall
)) office; and
     (3) C
ollaborate with and may assist agencies in implementing outreach to veteran-owned businesses.

Sec. 403   RCW 43.60A.200 and 2010 c 5 s 4 are each amended to read as follows:
     (1) State agencies are encouraged to award three percent of all procurement contracts that are exempt from competitive bidding requirements under RCW 43.19.1906(2) to veteran-owned businesses certified by the ((department)) office under RCW 43.60A.195 (as recodified by this act).
     (2) State agencies shall:
     (a) Perform outreach to veteran-owned businesses in collaboration with the ((department)) office to increase opportunities for veteran-owned businesses to sell goods and services to the state; and
     (b) Work to match agency procurement records with the ((department's)) office's database of certified veteran-owned businesses to establish how many procurement contracts are being awarded to those businesses.

PART V
COMMISSION ON EQUITY AND ACCESS CREATED

NEW SECTION.  Sec. 501   A new section is added to chapter 39.19 RCW to read as follows:
     (1) The commission on equity and access is created within the office of civil rights. The commission shall be composed of nine members appointed by the governor. In making appointments, the governor should consider nominations for membership based upon maintaining a balanced distribution of ethnicities, geographic, sex, age and occupational representation, when practicable.
     (2) Members shall be appointed to serve three-year terms. Of the initial members, three must be appointed for a one-year term, three must be appointed for a two-year term, and three must be appointed for a three-year term. Thereafter, members must be appointed for a three-year term. No member shall serve more than two consecutive terms. In the case of a vacancy, the governor shall appoint a new member to serve out the term of the person whose position has become vacant.

NEW SECTION.  Sec. 502   A new section is added to chapter 39.19 RCW to read as follows:
     (1) The commission shall annually elect a chair and a vice chair from its members.
     (2) The commission may hold one meeting each calendar quarter. Meetings shall comply with chapter 42.30 RCW. A majority of the commission constitutes a quorum for the transaction of business.

NEW SECTION.  Sec. 503   A new section is added to chapter 39.19 RCW to read as follows:
     The commission shall have the following duties and responsibilities:
     (1) The commission shall advise the office and state agencies on the development and implementation of policies, plans, and programs focusing on the issues affecting those communities that, for economic, social, cultural, and historical reasons, find themselves disadvantaged or isolated from the benefits of equal opportunity in this state.
     (2) The commission may establish subcommittees to study, review, provide information, and give advice on specific issues including, but not limited to, the achievement gap, supplier diversity, access to government services, and systemic policy issues affecting those communities that, for economic, social, cultural, and historical reasons, find themselves disadvantaged or isolated from the benefits of equal opportunity in this state.

NEW SECTION.  Sec. 504   The following acts or parts of acts are each repealed:
     (1) RCW 43.113.005 (Legislative declaration) and 1992 c 96 s 1;
     (2) RCW 43.113.010 (Commission created) and 1992 c 96 s 2;
     (3) RCW 43.113.020 (Membership -- Terms -- Vacancies -- Quorum -- Expenses) and 1992 c 96 s 3;
     (4) RCW 43.113.030 (Powers and duties) and 1992 c 96 s 4;
     (5) RCW 43.115.010 (Legislative declaration) and 1993 c 261 s 1, 1987 c 249 s 1, & 1971 ex.s. c 34 s 1;
     (6) RCW 43.115.020 (Commission created) and 1987 c 249 s 2 & 1971 ex.s. c 34 s 2;
     (7) RCW 43.115.030 (Membership -- Terms -- Vacancies -- Travel expenses-- Quorum) and 1993 c 261 s 2, 1987 c 249 s 3, 1981 c 338 s 15, 1975-'76 2nd ex.s. c 34 s 130, & 1971 ex.s. c 34 s 3;
     (8) RCW 43.115.040 (Officers and employees -- Rules and regulations) and 2009 c 549 s 5170, 1993 c 261 s 3, 1987 c 249 s 4, & 1971 ex.s. c 34 s 4;
     (9) RCW 43.115.045 (Executive director) and 1993 c 261 s 4;
     (10) RCW 43.115.060 (Relationships with local government and private industry) and 1987 c 249 s 6 & 1971 ex.s. c 34 s 6;
     (11) RCW 43.115.900 (Severability -- 1971 ex.s. c 34) and 1971 ex.s. c 34 s 7;
     (12) RCW 43.117.010 (Legislative declaration) and 2000 c 236 s 1, 1995 c 67 s 2, 1983 c 119 s 1, & 1974 ex.s. c 140 s 1;
     (13) RCW 43.117.020 (Definitions) and 1995 c 67 s 3 & 1974 ex.s. c 140 s 2;
     (14) RCW 43.117.030 (Commission established) and 1995 c 67 s 4 & 1974 ex.s. c 140 s 3;
     (15) RCW 43.117.040 (Membership -- Terms -- Vacancies -- Travel expenses -- Quorum -- Executive director) and 2009 c 549 s 5171, 1982 c 68 s 1, 1981 c 338 s 16, 1975-'76 2nd ex.s. c 34 s 131, & 1974 ex.s. c 140 s 4;
     (16) RCW 43.117.050 (Officers -- Rules and regulations -- Meetings) and 2009 c 549 s 5172 & 1974 ex.s. c 140 s 5;
     (17) RCW 43.117.060 (Staff) and 1974 ex.s. c 140 s 6;
     (18) RCW 43.117.070 (Duties of commission -- State agencies to give assistance) and 2007 c 19 s 3, 2000 c 236 s 3, 1995 c 67 s 5, & 1974 ex.s. c 140 s 7;
     (19) RCW 43.117.080 (Promotion of equal opportunity and benefits) and 1995 c 67 s 6 & 1974 ex.s. c 140 s 8;
     (20) RCW 43.117.090 (Hearings -- Information to be furnished to commission) and 2009 c 549 s 5173 & 1974 ex.s. c 140 s 9;
     (21) RCW 43.117.100 (Gifts, grants and endowments -- Receipt and expenditure) and 1974 ex.s. c 140 s 10; and
     (22) RCW 43.117.900 (Severability -- 1974 ex.s. c 140) and 1974 ex.s. c 140 s 11.

PART VI
TRANSFER OF POWERS, DUTIES, AND FUNCTIONS

NEW SECTION.  Sec. 601   (1) All powers, duties, and functions of the human rights commission are transferred to the office of civil rights. All references to the director of the human rights commission in the Revised Code of Washington shall be construed to mean the director of the office of civil rights when referring to the functions transferred in this section.
     (2) All powers, duties, and functions of the office of minority and women's business enterprises are transferred to the office of civil rights. All references to the director of the office of minority and women's business enterprises in the Revised Code of Washington shall be construed to mean the director of the office of civil rights when referring to the functions transferred in this section.
     (3) All powers, duties, and functions of the commission on African-American affairs, commission on Asian Pacific American affairs, and commission on Hispanic affairs are transferred to the office of civil rights. All references to the executive director of the commission on African-American affairs, executive director of the commission on Asian Pacific American affairs, and executive director of the commission on Hispanic affairs in the Revised Code of Washington shall be construed to mean the director of the office of civil rights when referring to the functions transferred in this section.

NEW SECTION.  Sec. 602   (1) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the human rights commission pertaining to the powers, functions, and duties transferred in section 601 of this act shall be delivered to the custody of the office of civil rights. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the human rights commission in carrying out the powers, functions, and duties transferred shall be made available to the office of civil rights. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of civil rights.
     (2) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the office of minority and women's business enterprises pertaining to the powers, functions, and duties transferred in section 601 of this act shall be delivered to the custody of the office of civil rights. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the office of minority and women's business enterprises in carrying out the powers, functions, and duties transferred shall be made available to the office of civil rights. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of civil rights.
     (3) All reports, documents, surveys, books, records, files, papers, or written material in the possession of the commission on African-American affairs, commission on Asian Pacific American affairs, and commission on Hispanic affairs pertaining to the powers, functions, and duties transferred in section 601 of this act shall be delivered to the custody of the office of civil rights. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the commission on African-American affairs, commission on Asian Pacific American affairs, and commission on Hispanic affairs in carrying out the powers, functions, and duties transferred shall be made available to the office of civil rights. All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the office of civil rights.

NEW SECTION.  Sec. 603   (1) Any appropriations made to the human rights commission for carrying out the powers, functions, and duties transferred in section 601 of this act shall, on the effective date of this section, be transferred and credited to the office of civil rights.
     (2) Any appropriations made to the office of minority and women's business enterprises for carrying out the powers, functions, and duties transferred in section 601 of this act shall, on the effective date of this section, be transferred and credited to the office of civil rights.
     (3) Any appropriations made to the commission on African-American affairs, commission on Asian Pacific American affairs, and commission on Hispanic affairs for carrying out the powers, functions, and duties transferred in section 601 of this act shall, on the effective date of this section, be transferred and credited to the office of civil rights.

NEW SECTION.  Sec. 604   (1) All employees of the human rights commission are transferred to the jurisdiction of the office of civil rights. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of civil rights to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.
     (2) The existing bargaining unit of the employees at the human rights commission shall be transferred in its entirety to the office of civil rights without the merging of other bargaining units or the inclusion of employees from other bargaining units. Nothing contained in this section may be construed to alter any of the existing collective bargaining units unless and until the bargaining unit has been modified by action of the public employment relations commission as provided by law. Therefore, the certification of the existing bargaining units shall remain. However, the public employment relations commission may, upon request, amend the certification to reflect the name of the new agency. Nothing in this section may be construed to alter the provisions of any existing collective bargaining agreement until the agreement has expired. The existing bargaining units of employees transferred under this section shall continue to be subject to the provisions of chapter 41.80 RCW.

NEW SECTION.  Sec. 605   (1) All employees of the office of minority and women's business enterprises are transferred to the jurisdiction of the office of civil rights. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of civil rights to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.
     (2) The existing bargaining units of the employees at the office of minority and women's business enterprises shall be transferred in their entirety to the office of civil rights without the merging of other bargaining units or the inclusion of employees from other bargaining units. Nothing contained in this section may be construed to alter any of the existing collective bargaining units unless and until the bargaining unit has been modified by action of the public employment relations commission as provided by law. Therefore, the certification of the existing bargaining units shall remain. However, the public employment relations commission may, upon request, amend the certification to reflect the name of the new agency. Nothing in this section may be construed to alter the provisions of any existing collective bargaining agreement until the agreement has expired. The existing bargaining units of employees transferred under this section shall continue to be subject to the provisions of chapter 41.80 RCW.

NEW SECTION.  Sec. 606   (1) All employees of the commission on African-American affairs are transferred to the jurisdiction of the office of civil rights. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of civil rights to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.
     (2) All employees of the commission on Asian Pacific American affairs are transferred to the jurisdiction of the office of civil rights. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of civil rights to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service law.
     (3) All employees of the commission on Hispanic affairs are transferred to the jurisdiction of the office of civil rights. All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the office of civil rights to perform their usual duties upon the same terms as formerly, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the law.

NEW SECTION.  Sec. 607   (1)(a) All rules and all pending business before the human rights commission pertaining to the powers, functions, and duties transferred in section 601 of this act shall be continued and acted upon by the office of civil rights. All existing contracts and obligations shall remain in full force and shall be performed by the office of civil rights.
     (b) All rules and all pending business before the office of minority and women's business enterprises pertaining to the powers, functions, and duties transferred in section 601 of this act shall be continued and acted upon by the office of civil rights. All existing contracts and obligations shall remain in full force and shall be performed by the office of civil rights.
     (c) All rules and all pending business before the commission on African-American affairs, commission on Asian Pacific American affairs, and commission on Hispanic affairs pertaining to the powers, functions, and duties transferred in section 601 of this act shall be continued and acted upon by the office of civil rights. All existing contracts and obligations shall remain in full force and shall be performed by the office of civil rights.
     (2) The transfer of the powers, duties, functions, and personnel of the human rights commission, office of minority and women's business enterprises, the commission on African-American affairs, commission on Asian Pacific American affairs, and commission on Hispanic affairs shall not affect the validity of any act performed before the effective date of this section.
     (3) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and certify the same to the state agencies concerned.
     (4) If apportionments of budgeted funds are required because of the transfers directed by this act, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

PART VII
MISCELLANEOUS

NEW SECTION.  Sec. 701   Sections 601 through 607 of this act are each added to chapter 39.19 RCW.

NEW SECTION.  Sec. 702   RCW 43.60A.190, 43.60A.195, and 43.60A.200 are each recodified as sections in chapter 39.19 RCW.

NEW SECTION.  Sec. 703   Section 107 of this act takes effect January 1, 2012.

NEW SECTION.  Sec. 704   Section 106 of this act expires January 1, 2012.

NEW SECTION.  Sec. 705   Section 217 of this act expires June 30, 2039.

NEW SECTION.  Sec. 706   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. 707   With the exception of section 107 of this act, 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, 2011.

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