[Active-seattle-l] (DATA) Tim Eyman's initiative to roll back civil
rights protections for GBLT people
Dara (R'ykandar Korra'ti)
kahvi at murkworks.net
Tue Jan 31 12:18:11 PST 2006
Here's the text of Tim Eyman's anti-GBLT initiative.
http://www.leg.wa.gov/pub/billinfo/2005-06/Htm/Initiatives/
Initiative%20to%20the%20People/INITIATIVE%20927.htm
- Dara
-----
The text of this document is an accurate copy of what was
filed by the initiative proponent with the Secretary of State for
assignment of a serial number. The accuracy of code in amendatory
sections has not been verified.
INITIATIVE 927
I, Sam Reed, Secretary of State of the State of Washington and
custodian of its seal hereby certify that, according to the records on
file in my office, the attached copy of Initiative Measure No. 927 to
the People is a true and correct copy as it was received by this
office.
AN ACT Relating to prohibiting government-imposed preferential
treatment; adding new sections to chapter 49.60 RCW; amending RCW
49.60.010, 49.60.020, 49.60.030, 49.60.040, 49.60.050, 49.60.120,
49.60.130, 49.60.175, 49.60.176, 49.60.178, 49.60.180, 49.60.190,
49.60.200, 49.60.215, 49.60.222, 49.60.223, 49.60.224, 49.60.225, and
48.30.300; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON:
POLICIES AND PURPOSES
NEW SECTION. Sec. 1. The people oppose important public policy
changes being made without voter approval. The voters want an open
debate where both sides are given the opportunity to have their voices
heard and to persuade the voters on the issues involved. And after
months of deliberation and discussion, the voters want to have the
final say so that the decision can be made without fear of retaliation
or intimidation. The people oppose the government forcing anyone to
impose quotas, set-asides, or other preferential treatment for any
group. This measure would prohibit state government from requiring any
school, church, employer, or other public or private entity to impose
quotas, set-asides, or other preferential treatment to any individual
or group based on sexual orientation or sexual preference. Sexual
orientation or sexual preference shall not be a specially protected
class. The inclusion of this group as a protected class is preferential
treatment over other groups not included in this chapter, such as
military status, income level, medical history, or political party
membership. The people do not support preferential treatment because
the people do not want it to be used as a basis for requiring the
legalization of same-sex marriage. This issue has become hopelessly
politicized in Olympia. Politicians aren't thinking about what the
voters want. Let the voters decide.
NEW SECTION. Sec. 2. A new section is added to chapter 49.60 RCW and
reads as follows:
The state shall not require any school, church, employer, or other
public or private entity to grant quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The special status as protected
classes under this chapter shall not include sexual orientation or
sexual preference. This act shall not be construed to modify or
supercede state law relating to marriage.
(a) For the purposes of this chapter, "state" is state government
and any of its agencies.
(b) For the purposes of this chapter, "sexual orientation or sexual
preference" 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.
NEW SECTION. Sec. 3. A new section is added to chapter 49.60 RCW and
reads as follows:
This chapter does not authorize quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The special status as protected
classes under this chapter shall not include sexual orientation or
sexual preference. This act shall not be construed to modify or
supercede state law relating to marriage.
Sec. 4. RCW 49.60.010 and 1997 c 271 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, age, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service animal
by a disabled person 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. A state agency is herein created 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, age, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service animal
by a disabled person; and the commission established hereunder is
hereby given general jurisdiction and power for such purposes. The
commission may not require any school, church, employer, or other
public or private entity to grant quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The special status as protected
classes under this chapter shall not include sexual orientation or
sexual preference.
Sec. 5. RCW 49.60.020 and 1993 c 510 s 2 are each amended to read as
follows:
The provisions of this chapter shall be construed liberally for the
accomplishment of the purposes thereof. Nothing contained in this
chapter shall be deemed to repeal any of the provisions of any other
law of this state relating to discrimination because of race, color,
creed, national origin, sex, marital status, age, or the presence of
any sensory, mental, or physical disability, other than a law which
purports to require or permit doing any act which is an unfair practice
under this chapter. Nor shall anything herein contained be construed to
deny the right to any person to institute any action or pursue any
civil or criminal remedy based upon an alleged violation of his or her
civil rights. This section does not authorize quotas, set-asides, or
other preferential treatment for any individual or group based on
sexual orientation or sexual preference. The specific protected classes
under this section shall not include sexual orientation or sexual
preference.
Sec. 6. RCW 49.60.030 and 1997 c 271 s 2 are each amended to read as
follows:
(1) The right to be free from discrimination because of race, creed,
color, national origin, sex, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service animal
by a disabled person is recognized as and declared to be a civil right.
This section does not authorize quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The specific protected classes under
this section shall not include sexual orientation or sexual preference.
This right shall include, but not be limited to:
(a) The right to obtain and hold employment without discrimination;
(b) The right to the full enjoyment of any of the accommodations,
advantages, facilities, or privileges of any place of public resort,
accommodation, assemblage, or amusement;
(c) The right to engage in real estate transactions without
discrimination, including discrimination against families with
children;
(d) The right to engage in credit transactions without
discrimination;
(e) The right to engage in insurance transactions or transactions
with health maintenance organizations without discrimination: PROVIDED,
That a practice which is not unlawful under RCW 48.30.300, 48.44.220,
or 48.46.370 does not constitute an unfair practice for the purposes of
this subparagraph; and
(f) The right to engage in commerce free from any discriminatory
boycotts or blacklists. Discriminatory boycotts or blacklists for
purposes of this section shall be defined as the formation or execution
of any express or implied agreement, understanding, policy or
contractual arrangement for economic benefit between any persons which
is not specifically authorized by the laws of the United States and
which is required or imposed, either directly or indirectly, overtly or
covertly, by a foreign government or foreign person in order to
restrict, condition, prohibit, or interfere with or in order to exclude
any person or persons from any business relationship on the basis of
race, color, creed, religion, sex, the presence of any sensory, mental,
or physical disability, or the use of a trained dog guide or service
animal by a disabled person, or national origin or lawful business
relationship: PROVIDED HOWEVER, That nothing herein contained shall
prohibit the use of boycotts as authorized by law pertaining to labor
disputes and unfair labor practices.
(2) Any person deeming himself or herself injured by any act in
violation of this chapter shall have a civil action in a court of
competent jurisdiction to enjoin further violations, or to recover the
actual damages sustained by the person, or both, together with the cost
of suit including reasonable attorneys' fees or any other appropriate
remedy authorized by this chapter or the United States Civil Rights Act
of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988
(42 U.S.C. Sec. 3601 et seq.).
(3) Except for any unfair practice committed by an employer against
an employee or a prospective employee, or any unfair practice in a real
estate transaction which is the basis for relief specified in the
amendments to RCW 49.60.225 contained in chapter 69, Laws of 1993, any
unfair practice prohibited by this chapter which is committed in the
course of trade or commerce as defined in the Consumer Protection Act,
chapter 19.86 RCW, is, for the purpose of applying that chapter, a
matter affecting the public interest, is not reasonable in relation to
the development and preservation of business, and is an unfair or
deceptive act in trade or commerce.
Sec. 7. RCW 49.60.040 and 1997 c 271 s 3 are each amended to read as
follows:
As used in this chapter:
(1) "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;
(2) "Commission" means the Washington state human rights commission;
(3) "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;
(4) "Employee" does not include any individual employed by his or
her parents, spouse, or child, or in the domestic service of any
person;
(5) "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;
(6) "Employment agency" includes any person undertaking with or
without compensation to recruit, procure, refer, or place employees for
an employer;
(7) "Marital status" means the legal status of being married,
single, separated, divorced, or widowed;
(8) "National origin" includes "ancestry";
(9) "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, national origin, or with any sensory, mental, or physical
disability, or the use of a trained dog guide or service animal by a
disabled person, to be treated as not welcome, accepted, desired, or
solicited. This section does not authorize quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The specific protected classes under
this section shall not include sexual orientation or sexual preference.
(10) "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;
(11) "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;
(12) "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;
(13) "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;
(14) "Sex" means gender;
(15) "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;
(16) "Complainant" means the person who files a complaint in a real
estate transaction;
(17) "Respondent" means any person accused in a complaint or amended
complaint of an unfair practice in a real estate transaction;
(18) "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;
(19) "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;
(20) "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;
(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;
(22) "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;
(23) "Service animal" means an animal that is trained for the
purpose of assisting or accommodating a disabled person's sensory,
mental, or physical disability.
Sec. 8. RCW 49.60.120 and 1997 c 271 s 4 are each amended to read as
follows:
The commission 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, promulgate, amend, and rescind suitable rules and
regulations 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) To issue such publications and such results of investigations
and research as in its judgment will tend to promote good will and
minimize or eliminate discrimination because of sex, race, creed,
color, national origin, marital status, age, or the presence of any
sensory, mental, or physical disability, or the use of a trained dog
guide or service animal by a disabled person. This section does not
authorize quotas, set-asides, or other preferential treatment for any
individual or group based on sexual orientation or sexual preference.
The specific protected classes under this section shall not include
sexual orientation or sexual preference.
(6) 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) 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 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 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. 9. RCW 49.60.130 and 1997 c 271 s 5 are each amended to read as
follows:
The commission has power to create such advisory agencies and
conciliation councils, local, regional, or statewide, as in its
judgment will aid in effectuating the purposes of this chapter. The
commission may empower them to study the problems of discrimination in
all or specific fields of human relationships or in specific instances
of discrimination because of sex, race, creed, color, national origin,
marital status, age, or the presence of any sensory, mental, or
physical disability or the use of a trained dog guide or service animal
by a disabled person; to foster through community effort or otherwise
good will, cooperation, and conciliation among the groups and elements
of the population of the state, and to make recommendations to the
commission for the development of policies and procedures in general
and in specific instances, and for programs of formal and informal
education which the commission may recommend to the appropriate state
agency. This section does not authorize quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The specific protected classes under
this section shall not include sexual orientation or sexual preference.
Such advisory agencies and conciliation councils shall be composed
of representative citizens, serving without pay, but with reimbursement
for travel expenses in accordance with RCW 43.03.050 and 43.03.060 as
now existing or hereafter amended, and the commission may make
provision for technical and clerical assistance to such agencies and
councils and for the expenses of such assistance. The commission may
use organizations specifically experienced in dealing with questions of
discrimination.
Sec. 10. RCW 49.60.175 and 1997 c 271 s 7 are each amended to read
as follows:
It shall be an unfair practice to use the sex, race, creed, color,
national origin, marital status, or the presence of any sensory,
mental, or physical disability of any person, or the use of a trained
dog guide or service animal by a disabled person, concerning an
application for credit in any credit transaction to determine the
credit worthiness of an applicant. This section does not authorize
quotas, set-asides, or other preferential treatment for any individual
or group based on sexual orientation or sexual preference. The specific
protected classes under this section shall not include sexual
orientation or sexual preference.
Sec. 11. RCW 49.60.176 and 1997 c 271 s 8 are each amended to read
as follows:
(1) It is an unfair practice for any person whether acting for
himself, herself, or another in connection with any credit transaction
because of race, creed, color, national origin, sex, marital status, or
the presence of any sensory, mental, or physical disability or the use
of a trained dog guide or service animal by a disabled person:
(a) To deny credit to any person;
(b) To increase the charges or fees for or collateral required to
secure any credit extended to any person;
(c) To restrict the amount or use of credit extended or to impose
different terms or conditions with respect to the credit extended to
any person or any item or service related thereto;
(d) To attempt to do any of the unfair practices defined in this
section.
(2) Nothing in this section shall prohibit any party to a credit
transaction from considering the credit history of any individual
applicant.
(3) Further, nothing in this section shall prohibit any party to a
credit transaction from considering the application of the community
property law to the individual case or from taking reasonable action
thereon. This section does not authorize quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The specific protected classes under
this section shall not include sexual orientation or sexual preference.
Sec. 12. RCW 49.60.178 and 1997 c 271 s 9 are each amended to read
as follows:
It is an unfair practice for any person whether acting for himself,
herself, or another in connection with an insurance transaction or
transaction with a health maintenance organization to cancel or fail or
refuse to issue or renew insurance or a health maintenance agreement to
any person because of sex, marital status, race, creed, color, national
origin, or the presence of any sensory, mental, or physical disability
or the use of a trained dog guide or service animal by a disabled
person: PROVIDED, That a practice which is not unlawful under RCW
48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair
practice for the purposes of this section. For the purposes of this
section, "insurance transaction" is defined in RCW 48.01.060, health
maintenance agreement is defined in RCW 48.46.020, and "health
maintenance organization" is defined in RCW 48.46.020.
The fact that such unfair practice may also be a violation of
chapter 48.30, 48.44, or 48.46 RCW does not constitute a defense to an
action brought under this section.
The insurance commissioner, under RCW 48.30.300, and the human
rights commission, under chapter 49.60 RCW, shall have concurrent
jurisdiction under this section and shall enter into a working
agreement as to procedure to be followed in complaints under this
section. This section does not authorize quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The specific protected classes under
this section shall not include sexual orientation or sexual preference.
Sec. 13. RCW 49.60.180 and 1997 c 271 s 10 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, race, creed, color, national origin, or the presence of any
sensory, mental, or physical disability or the use of a trained dog
guide or service animal by a disabled person, 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. This section does not authorize quotas, set-asides, or
other preferential treatment for any individual or group based on
sexual orientation or sexual preference. The specific protected classes
under this section shall not include sexual orientation or sexual
preference.
(2) To discharge or bar any person from employment because of age,
sex, marital status, race, creed, color, national origin, or the
presence of any sensory, mental, or physical disability or the use of a
trained dog guide or service animal by a disabled person. This section
does not authorize quotas, set-asides, or other preferential treatment
for any individual or group based on sexual orientation or sexual
preference. The specific protected classes under this section shall not
include sexual orientation or sexual preference.
(3) To discriminate against any person in compensation or in other
terms or conditions of employment because of age, sex, marital status,
race, creed, color, national origin, or the presence of any sensory,
mental, or physical disability or the use of a trained dog guide or
service animal by a disabled person: 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 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. This section does not authorize quotas,
set-asides, or other preferential treatment for any individual or group
based on sexual orientation or sexual preference. The specific
protected classes under this section shall not include sexual
orientation or sexual preference.
(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, race, creed, color,
national origin, or the presence of any sensory, mental, or physical
disability or the use of a trained dog guide or service animal by a
disabled person, 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. This section does not
authorize quotas, set-asides, or other preferential treatment for any
individual or group based on sexual orientation or sexual preference.
The specific protected classes under this section shall not include
sexual orientation or sexual preference.
Sec. 14. RCW 49.60.190 and 1997 c 271 s 11 are each amended to read
as follows:
It is an unfair practice for any labor union or labor organization:
(1) To deny membership and full membership rights and privileges to
any person because of age, sex, marital status, race, creed, color,
national origin, or the presence of any sensory, mental, or physical
disability or the use of a trained dog guide or service animal by a
disabled person. This section does not authorize quotas, set-asides, or
other preferential treatment for any individual or group based on
sexual orientation or sexual preference. The specific protected classes
under this section shall not include sexual orientation or sexual
preference.
(2) To expel from membership any person because of age, sex, marital
status, race, creed, color, national origin, or the presence of any
sensory, mental, or physical disability or the use of a trained dog
guide or service animal by a disabled person. This section does not
authorize quotas, set-asides, or other preferential treatment for any
individual or group based on sexual orientation or sexual preference.
The specific protected classes under this section shall not include
sexual orientation or sexual preference.
(3) To discriminate against any member, employer, employee, or other
person to whom a duty of representation is owed because of age, sex,
marital status, race, creed, color, national origin, or the presence of
any sensory, mental, or physical disability or the use of a trained dog
guide or service animal by a disabled person. This section does not
authorize quotas, set-asides, or other preferential treatment for any
individual or group based on sexual orientation or sexual preference.
The specific protected classes under this section shall not include
sexual orientation or sexual preference.
Sec. 15. RCW 49.60.200 and 1997 c 271 s 12 are each amended to read
as follows:
It is an unfair practice for any employment agency to fail or refuse
to classify properly or refer for employment, or otherwise to
discriminate against, an individual because of age, sex, marital
status, race, creed, color, national origin, or the presence of any
sensory, mental, or physical disability or the use of a trained dog
guide or service animal by a disabled person, or 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, race, creed, color, or national origin, or the presence of any
sensory, mental, or physical disability or the use of a trained dog
guide or service animal by a disabled person, 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. This section
does not authorize quotas, set-asides, or other preferential treatment
for any individual or group based on sexual orientation or sexual
preference. The specific protected classes under this section shall not
include sexual orientation or sexual preference.
Sec. 16. RCW 49.60.215 and 1997 c 271 s 13 are each amended to read
as follows:
It shall be an unfair practice for any person or the person's agent
or employee to commit an act which directly or indirectly results in
any distinction, restriction, or discrimination, or the requiring of
any person to pay a larger sum than the uniform rates charged other
persons, or the refusing or withholding from any person the admission,
patronage, custom, presence, frequenting, dwelling, staying, or lodging
in any place of public resort, accommodation, assemblage, or amusement,
except for conditions and limitations established by law and applicable
to all persons, regardless of race, creed, color, national origin, sex,
the presence of any sensory, mental, or physical disability, or the use
of a trained dog guide or service animal by a disabled person:
PROVIDED, That this section shall not be construed to require
structural changes, modifications, or additions to make any place
accessible to a disabled person except as otherwise required by law:
PROVIDED, That behavior or actions constituting a risk to property or
other persons can be grounds for refusal and shall not constitute an
unfair practice. This section does not authorize quotas, set-asides, or
other preferential treatment for any individual or group based on
sexual orientation or sexual preference. The specific protected classes
under this section shall not include sexual orientation or sexual
preference.
Sec. 17. RCW 49.60.222 and 1997 c 400 s 3 and 1997 c 271 s 14 are
each amended to read as follows:
(1) It is an unfair practice for any person, whether acting for
himself, herself, or another, because of sex, marital status, race,
creed, color, national origin, families with children status, the
presence of any sensory, mental, or physical disability, or the use of
a trained dog guide or service animal by a disabled person:
(a) To refuse to engage in a real estate transaction with a person;
(b) To discriminate against a person in the terms, conditions, or
privileges of a real estate transaction or in the furnishing of
facilities or services in connection therewith;
(c) To refuse to receive or to fail to transmit a bona fide offer to
engage in a real estate transaction from a person;
(d) To refuse to negotiate for a real estate transaction with a
person;
(e) To represent to a person that real property is not available for
inspection, sale, rental, or lease when in fact it is so available, or
to fail to bring a property listing to his or her attention, or to
refuse to permit the person to inspect real property;
(f) To discriminate in the sale or rental, or to otherwise make
unavailable or deny a dwelling, to any person; or to a person residing
in or intending to reside in that dwelling after it is sold, rented, or
made available; or to any person associated with the person buying or
renting;
(g) To make, print, circulate, post, or mail, or cause to be so made
or published a statement, advertisement, or sign, or to use a form of
application for a real estate transaction, or to make a record or
inquiry in connection with a prospective real estate transaction, which
indicates, directly or indirectly, an intent to make a limitation,
specification, or discrimination with respect thereto;
(h) To offer, solicit, accept, use, or retain a listing of real
property with the understanding that a person may be discriminated
against in a real estate transaction or in the furnishing of facilities
or services in connection therewith;
(i) To expel a person from occupancy of real property;
(j) To discriminate in the course of negotiating, executing, or
financing a real estate transaction whether by mortgage, deed of trust,
contract, or other instrument imposing a lien or other security in real
property, or in negotiating or executing any item or service related
thereto including issuance of title insurance, mortgage insurance, loan
guarantee, or other aspect of the transaction. Nothing in this section
shall limit the effect of RCW 49.60.176 relating to unfair practices in
credit transactions; or
(k) To attempt to do any of the unfair practices defined in this
section.
(2) For the purposes of this chapter discrimination based on the
presence of any sensory, mental, or physical disability or the use of a
trained dog guide or service animal by a blind, deaf, or physically
disabled person includes:
(a) A refusal to permit, at the expense of the disabled person,
reasonable modifications of existing premises occupied or to be
occupied by such person if such modifications may be necessary to
afford such person full enjoyment of the dwelling, except that, in the
case of a rental, the landlord may, where it is reasonable to do so,
condition permission for a modification on the renter agreeing to
restore the interior of the dwelling to the condition that existed
before the modification, reasonable wear and tear excepted;
(b) To refuse to make reasonable accommodation in rules, policies,
practices, or services when such accommodations may be necessary to
afford a person with the presence of any sensory, mental, or physical
disability and/or the use of a trained dog guide or service animal by a
blind, deaf, or physically disabled person equal opportunity to use and
enjoy a dwelling; or
(c) To fail to design and construct covered multifamily dwellings
and premises in conformance with the federal fair housing amendments
act of 1988 (42 U.S.C. Sec. 3601 et seq.) and all other applicable laws
or regulations pertaining to access by persons with any sensory,
mental, or physical disability or use of a trained dog guide or service
animal. Whenever the requirements of applicable laws or regulations
differ, the requirements which require greater accessibility for
persons with any sensory, mental, or physical disability shall govern.
Nothing in (a) or (b) of this subsection shall apply to: (i) A
single-family house rented or leased by the owner if the owner does not
own or have an interest in the proceeds of the rental or lease of more
than three such single-family houses at one time, the rental or lease
occurred without the use of a real estate broker or salesperson, as
defined in RCW 18.85.010, and the rental or lease occurred without the
publication, posting, or mailing of any advertisement, sign, or
statement in violation of subsection (1)(g) of this section; or (ii)
rooms or units in dwellings containing living quarters occupied or
intended to be occupied by no more than four families living
independently of each other if the owner maintains and occupies one of
the rooms or units as his or her residence.
(3) Notwithstanding any other provision of this chapter, it shall
not be an unfair practice or a denial of civil rights for any public or
private educational institution to separate the sexes or give
preference to or limit use of dormitories, residence halls, or other
student housing to persons of one sex or to make distinctions on the
basis of marital or families with children status.
(4) Except pursuant to subsection (2)(a) of this section, this
section shall not be construed to require structural changes,
modifications, or additions to make facilities accessible to a disabled
person except as otherwise required by law. Nothing in this section
affects the rights, responsibilities, and remedies of landlords and
tenants pursuant to chapter 59.18 or 59.20 RCW, including the right to
post and enforce reasonable rules of conduct and safety for all tenants
and their guests, provided that chapters 59.18 and 59.20 RCW are only
affected to the extent they are inconsistent with the nondiscrimination
requirements of this chapter. Nothing in this section limits the
applicability of any reasonable federal, state, or local restrictions
regarding the maximum number of occupants permitted to occupy a
dwelling.
(5) Notwithstanding any other provision of this chapter, it shall
not be an unfair practice for any public establishment providing for
accommodations offered for the full enjoyment of transient guests as
defined by RCW 9.91.010(1)(c) to make distinctions on the basis of
families with children status. Nothing in this section shall limit the
effect of RCW 49.60.215 relating to unfair practices in places of
public accommodation.
(6) Nothing in this chapter prohibiting discrimination based on
families with children status applies to housing for older persons as
defined by the federal fair housing amendments act of 1988, 42 U.S.C.
Sec. 3607(b)(1) through (3), as amended by the housing for older
persons act of 1995, P.L. 104-76, as enacted on December 28, 1995.
Nothing in this chapter authorizes requirements for housing for older
persons different than the requirements in the federal fair housing
amendments act of 1988, 42 U.S.C. Sec. 3607(b)(1) through (3), as
amended by the housing for older persons act of 1995, P.L. 104-76, as
enacted on December 28, 1995.
This section does not authorize quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The specific protected classes under
this section shall not include sexual orientation or sexual preference.
Sec. 18. RCW 49.60.223 and 1997 c 271 s 15 are each amended to read
as follows:
It is an unfair practice for any person, for profit, to induce or
attempt to induce any person to sell or rent any real property by
representations regarding the entry or prospective entry into the
neighborhood of a person or persons of a particular race, creed, color,
sex, national origin, families with children status, or with any
sensory, mental, or physical disability and/or the use of a trained dog
guide or service animal by a blind, deaf, or physically disabled
person. This section does not authorize quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The specific protected classes under
this section shall not include sexual orientation or sexual preference.
Sec. 19. RCW 49.60.224 and 1997 c 271 s 16 are each amended to read
as follows:
(1) Every provision in a written instrument relating to real
property which purports to forbid or restrict the conveyance,
encumbrance, occupancy, or lease thereof to individuals of a specified
race, creed, color, sex, national origin, families with children
status, or with any sensory, mental, or physical disability or the use
of a trained dog guide or service animal by a blind, deaf, or
physically disabled person, and every condition, restriction, or
prohibition, including a right of entry or possibility of reverter,
which directly or indirectly limits the use or occupancy of real
property on the basis of race, creed, color, sex, national origin,
families with children status, or the presence of any sensory, mental,
or physical disability or the use of a trained dog guide or service
animal by a blind, deaf, or physically disabled person is void.
(2) It is an unfair practice to insert in a written instrument
relating to real property a provision that is void under this section
or to honor or attempt to honor such a provision in the chain of title.
This section does not authorize quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The specific protected classes under
this section shall not include sexual orientation or sexual preference.
Sec. 20. RCW 49.60.225 and 1997 c 271 s 17 are each amended to read
as follows:
(1) When a reasonable cause determination has been made under RCW
49.60.240 that an unfair practice in a real estate transaction has been
committed and a finding has been made that the respondent has engaged
in any unfair practice under RCW 49.60.250, the administrative law
judge shall promptly issue an order for such relief suffered by the
aggrieved person as may be appropriate, which may include actual
damages as provided by the federal fair housing amendments act of 1988
(42 U.S.C. Sec. 3601 et seq.), and injunctive or other equitable
relief. Such order may, to further the public interest, assess a civil
penalty against the respondent:
(a) In an amount up to ten thousand dollars if the respondent has
not been determined to have committed any prior unfair practice in a
real estate transaction;
(b) In an amount up to twenty-five thousand dollars if the
respondent has been determined to have committed one other unfair
practice in a real estate transaction during the five-year period
ending on the date of the filing of this charge; or
(c) In an amount up to fifty thousand dollars if the respondent has
been determined to have committed two or more unfair practices in a
real estate transaction during the seven-year period ending on the date
of the filing of this charge, for loss of the right secured by RCW
49.60.010, 49.60.030, 49.60.040, and 49.60.222 through 49.60.224, as
now or hereafter amended, to be free from discrimination in real
property transactions because of sex, marital status, race, creed,
color, national origin, families with children status, or the presence
of any sensory, mental, or physical disability or the use of a trained
dog guide or service animal by a blind, deaf, or physically disabled
person. Enforcement of the order and appeal therefrom by the
complainant or respondent may be made as provided in RCW 49.60.260 and
49.60.270. If acts constituting the unfair practice in a real estate
transaction that is the object of the charge are determined to have
been committed by the same natural person who has been previously
determined to have committed acts constituting an unfair practice in a
real estate transaction, then the civil penalty of up to fifty thousand
dollars may be imposed without regard to the period of time within
which any subsequent unfair practice in a real estate transaction
occurred. All civil penalties assessed under this section shall be paid
into the state treasury and credited to the general fund.
(2) Such order shall not affect any contract, sale, conveyance,
encumbrance, or lease consummated before the issuance of an order that
involves a bona fide purchaser, encumbrancer, or tenant who does not
have actual notice of the charge filed under this chapter.
(3) Notwithstanding any other provision of this chapter, persons
awarded damages under this section may not receive additional damages
pursuant to RCW 49.60.250.
This section does not authorize quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The specific protected classes under
this section shall not include sexual orientation or sexual preference.
Sec. 21. RCW 48.30.300 and 2005 c 223 s 19 are each amended to read
as follows:
Notwithstanding any provision contained in Title 48 RCW to the
contrary:
A person or entity engaged in the business of insurance in this
state may not refuse to issue any contract of insurance or cancel or
decline to renew such contract because of the sex or marital status, or
the presence of any sensory, mental, or physical handicap of the
insured or prospective insured. The amount of benefits payable, or any
term, rate, condition, or type of coverage may not be restricted,
modified, excluded, increased, or reduced on the basis of the sex or
marital status, or be restricted, modified, excluded, or reduced on the
basis of the presence of any sensory, mental, or physical handicap of
the insured or prospective insured. This subsection does not prohibit
fair discrimination on the basis of sex, or marital status, or the
presence of any sensory, mental, or physical handicap when bona fide
statistical differences in risk or exposure have been substantiated.
This chapter does not authorize quotas, set-asides, or other
preferential treatment for any individual or group based on sexual
orientation or sexual preference. The special status as protected
classes under this chapter shall not include sexual orientation or
sexual preference.
NEW SECTION. Sec. 22. The provisions of this act are to be liberally
construed to effectuate the intent, policies, and purposes of this act.
NEW SECTION. Sec. 23. 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. 24. This act shall be called Let The Voters Decide
Act.
NEW SECTION. Sec. 25. This act shall take effect on December 7, 2006.
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