8c Full Text of Referendum 88
REFERENDUM MEASURE NO. 88 Referendum Measure No. 88 Filed April 29, 2019 PART II No PROHIBITION OF DISCRIMINATION AND PREFERENTIAL TREATMENT Ww Sec. 3. RCW 49.60.400 and 2013 c 242 s 7 are each amended to osx read as follows: (1) The state shall not discriminate against, or grant on preferential treatment! hihi "individual or group on the basis of 1 race, sex, color, ethnicity, Hee)) national origin, age, sexual a orientation, the prasinie Mie fy sensory, mental, or physical disability, or honorably. discharged veteran or military status in the a operation of publ ireloymendt," public education, or public 11 contracting. 12 (2) This section applies only to action taken after December 3, 13 1998. 14 (3) This section does not affect any law or governmental action 15 that does not discriminate against, or grant preferential treatment 16 to, any individual or group on the basis of race, sex, color, 17 ethnicity, ((ex)) national origin, age, sexual orientation, the 18 presence of any sensory, mental, or physical disability, or honorably 19 discharged veteran or military status. 20 (4) This section does not affect any otherwise lawful 21 classification that: 22 (a) Is based on sex and is necessary for sexual privacy or 23 medical or psychological treatment; or 24 (b) Is necessary for undercover law enforcement or for film, 25 video, audio, or theatrical casting; or 26 (c) Provides for separate athletic teams for each sex. 27 (5) This section does not invalidate any court order or consent 28 decree that is in force as of December 3, 1998. 29 (6) This section does not prohibit action that must be taken to 30 establish or maintain eligibility for any federal program, if the 31 director of the office of financial management, in consultation with 32 the attorney general and the governor's commission on diversity, 33 equity, and inclusion, determines that ineligibility ((wewdd)) will 34 result in a material loss of federal funds to the state. 35 (7) Nothing in this section prohibits schools established under 36 chapter 28A.715 RCW from: 37 (a) Implementing a policy of Indian preference in employment; or 38 (b) Prioritizing the admission of tribal members where capacity 39 of the school's programs or facilities is not as large as demand. p. 2 INITIATIVE 1000 Ux (8) Nothing in this section prohibits the state from remedying Nd discrimination against, or underrepresentation of, disadvantaged Ww groups as documented in a valid disparity study or proven in a court of law. (9) Nothing in this section prohibits the state from implementing on affirmative action laws, regulations, policies, or procedures such as ~~ participation goals or outreach efforts that do not _utilize quotas QO and that do not constitute preferential treatment as defined in this section. (10) Nothing in this section prohibits the state from 11 implementing affirmative action laws, regulations, policies, or 12 procedures which are not in violation of a state or federal statute, 13 final requlation, or court order. 14 11 For the purposes of this section ((s)).: 15 (a) "State" includes, but 1s not necessarily limited to, the 16 state itself, any city, county, public college or university, 17 community college, school district, special district, or other 18 political subdivision or governmental instrumentality of or within 19 the state; 20 (b) "State agency" means the same as defined in RCW 42.56.010; 21 (c) "Affirmative action" means a policy in which an individual's 22 race, sex, ethnicity, national origin, _age, the presence of any 23 sensory, mental, or physical disability, and honorably discharged 24 veteran or military status are factors considered in the selection of 25 qualified women, honorably discharged military veterans, persons in 26 protected age categories, persons with disabilities, and minorities 277 for opportunities in public education, public employment, and public 28 contracting. Affirmative action includes, but shall not be limited 29 to, recruitment, hiring, training, promotion, outreach, setting and 30 achieving goals and timetables, and other measures designed to 31 increase Washington's diversity in public education, public 32 employment, and public contracting; and 33 (d) "Preferential treatment" means the act of using race, sex, 34 color, ethnicity, national origin, age, sexual_ orientation, the 35 presence of any sensory,_ mental, or physical disability, and 36 honorably discharged veteran or military status as the sole 37 qualifying factor to select a lesser qualified candidate over a more 38 qualified candidate for a public education, public employment, or 39 public contracting opportunity. p. 3 INITIATIVE 1000 (((9))) (12) The remedies available for violations of this ND section shall be the same, regardless of the injured party's race, Ww sex, color, ethnicity, or national origin, as are otherwise available x for violations of Washington antidiscrimination law. OU (((10))) (13) This section shall be self-executing. If any part oOo or parts of this section are found to be in conflict with federal J law, the United States Constitution, or the Washington state 0 Constitution, the section shall be implemented to the maximum extent WwW that federal law, the United States Constitution, and the Washington =e OO state Constitution permit. Any provision held invalid shall be = severable from the remaining portions of this section. Sec. 4. RCW 43.43.015 and 1985 c 365 s 4 are each amended to 13 read as follows: 14 For the purposes of this chapter, "affirmative action" means, in 15 addition to and consistent with the definition in section 3 of this 16 act, a policy or procedure by which racial minorities, women, persons 17 in the protected age category, persons with disabilities, Vietnam-era 18 veterans, honnrablv discharged military veterans, and ((disabted)) 19 veterans with disabilities are provided with increased employment 20 opportunities. It shall not mean any ((sext)) form of quota system. 21 PART III 22 CREATION OF THE GOVERNOR'S COMMISSION ON DIVERSITY, EQUITY, AND 23 INCLUSION 24 NEW SECTION. Sec. 5. A new section is added to chapter 43.06 25 RCW to read as follows: 26 (1) There is created the governor's commission on diversity, 27 equity, and inclusion. The commission is responsible for planning, 28 directing, monitoring, and enforcing each state agency's compliance 29 with this act. The commission may propose and oppose legislation and 30 shall publish an annual report on the progress of all state agencies 31 in achieving diversity, equity, and inclusion in public education, 32 public employment, and public contracting. 33 (2) The governor's commission on diversity, equity, and inclusion 34 shall be staffed and funded within the governor's biennial budget. 35 The executive commission members shall be appointed by the governor 36 and serve four-year terms: 37 (a) Lieutenant governor; p. 4 INITIATIVE 1000 Ox ( CO) Attorney general; Nd ( Q ) Superintendent of public instruction; Ww ( QQ) Commissioner of the department of employment security; ( 0 ) Secretary of the department of transportation; ( Hh) Director of the department of enterprise services; on ( Q ) Director of the office of minority and women's business ~J enterprises; QO (h) Director of the department of commerce; (1) Director of the department of veterans affairs; (J) Executive director of the human rights commission; 11 (k) Director of the office of financial management; 12 (1) Director of the department of labor and industries; 13 (m) Executive director of the governor's office of Indian 14 affairs; 15 (n) Executive director of the Washington state women's 16 commission; 17 (0) Executive director of the commission on African-American 18 affairs; 19 (p) Executive director of the commission on Asian Pacific 20 American affairs; 21 (gq) Executive director of the commission on Hispanic affairs; 22 (r) Chair of the governor's committee on disability issues and 23 employment; 24 (s) Chair of the council of presidents; 25 (t) Chair of the board for community and technical colleges; 26 (u) Chair of the workforce training and education coordinating 27 board; 28 (v) Executive director of the board of education; 29 (w) Chair of the board of Washington STEM; 30 (x) Chair, officer, or director of a state agency or nonprofit 31 organization representing the legal immigrant and refugee community; 32 (y) Chair, officer, or director of a state agency or nonprofit 33 organization representing the lesbian, gay, bisexual, transgender, 34 and queer community; 35 (z) Any other agencies or community representatives the governor 36 deems necessary to carry out the objectives of the commission. 37 (3) (a) The commission shall also consist of the following 38 legislatively appointed members: 39 (1) Two state senators, one from each of the two largest 40 caucuses, appointed by the president of the senate; Pp. 5 INITIATIVE 1000 Os (11) Two members of the state house of representatives, one from ND each of the two largest caucuses, appointed by the speaker of the Ww house of representatives. (b) Legislative members shall serve two-year terms, from the date of their appointment. on (4) Each commission member shall serve for the term of his or her 1 appointment and until his or her successor 1s appointed. Any WwW commission member listed in subsection (2) of this section, who serves by virtue of his or her office, shall be immediately replaced by his or her duly elected or appointed successor. 11 (5) A vacancy on the commission shall be filled within thirty 12 days of the vacancy in the same manner as the original appointment. 13 PART IV 14 MISCELLANEOUS 15 NEW SECTION. Sec. 6. Within three months following the 16 effective date of this section, the office of program research and 17 senate committee services shall prepare a joint memorandum and draft 18 legislation to present to the appropriate committees of the 19 legislature regarding any necessary changes to the Revised Code of 20 Washington to bring nomenclature and processes in line with this act 21 so as to fully effectuate and not interfere in any way with its 22 intent. In preparing the memorandum and draft legislation, the office 23 of program research and senate committee services shall consult with 24 the sponsors of this initiative, the governor's committee on 25 diversity, equity, and inclusion and the state human rights 26 commission. 27 NEW SECTION. Sec. 7. If any provision of this act or its 28 application to any person or circumstance is held invalid, the 29 remainder of the act or the application of the provision to other 30 persons or circumstances is not affected. 31 NEW SECTION. Sec. 8. For constitutional purposes, the subject 32 of this act is "Diversity, Equity, and Inclusion." p. 6 INITIATIVE 1000
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