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.

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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.


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(((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;

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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."




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