wa-law.org > bill > 2025-26 > HB 2342 > Original Bill
It is the intent of the legislature to reaffirm its commitment to promote and protect the free exercise of religious beliefs and practices. It is also the intent of the legislature that a religious liberty commission be established to advise and educate the governor, legislature, and people of Washington regarding the free exercise of religious liberty in accordance with Article I, section 11 of the Washington state Constitution and the First Amendment of the United States Constitution.
The Washington state religious liberty commission is established. The commission shall be administered by an executive director, who shall be appointed by and serve at the pleasure of the governor. The governor shall set the salary of the executive director. The executive director may employ staff of the commission as necessary to carry out its purpose and duties.
The Washington state religious liberty commission consists of the following five members:
One member of the public appointed by the governor;
Two members of the public, one appointed by the majority leader of the senate and one appointed by the minority leader of the senate; and
Two members of the public, one appointed by the speaker of the house of representatives and one appointed by the minority leader of the house of representatives.
To the extent practicable, when making appointments to the Washington state religious liberty commission, each appointing authority is encouraged to consider appointments that will achieve a balanced representation based on religious practices and beliefs represented within the state, geographical location, sex, age, and occupation.
The members shall, by majority vote, select the chair of the Washington state religious liberty commission.
Members serve three-year terms. Initial appointment terms are as follows:
The individual appointed by the governor serves a three-year term;
The individual appointed by the majority leader of the senate and the individual appointed by the speaker of the house of representatives each serve a three-year term;
The individual appointed by the minority leader of the senate serves a two-year term; and
The individual appointed by the minority leader of the house of representatives serves a one-year term.
In the case of a vacancy, appointments are made in the same manner as the original appointment and are for the remainder of the unexpired term. No member may serve more than two full consecutive terms.
Nonlegislative members must be reimbursed for expenses incurred in the performance of their duties in accordance with RCW 43.03.050 and 43.03.060.
A simple majority of the Washington state religious liberty commission's membership constitutes a quorum for the purpose of conducting business.
The Washington state religious liberty commission has the following duties:
Advise the governor and legislature on religious liberty and freedom of conscience matters;
Educate members of the public, as well as employers, realtors, and financial institutions, regarding state laws governing freedom of religion and conscience; and
Receive and evaluate petitions for further investigation, consistent with section 6 of this act, alleging discrimination on the basis of religious belief or practice, or dictates of conscience.
The Washington state religious liberty commission may initiate a complaint if, in the course of education and outreach, the commission discovers that a person or entity has discriminated against another on the basis of religious belief or practice, or dictates of conscience.
If a complaint is initiated by the Washington state religious liberty commission, the commission must, within 90 days of initiating the complaint:
Dismiss the complaint;
Offer the parties involved voluntary dispute mediation, the proceedings of which must be governed by chapter 7.07 RCW; or
Refer the matter to the Washington state human rights commission in a format mutually agreed upon by the religious liberty commission and the human rights commission. Such referrals must follow the process in section 8 of this act.
The selection of a mediator must comply with section 6(3) of this act.
Any person who believes there has been an act of discrimination by another on the basis of religious belief or practice, or dictates of conscience, may file a petition with the Washington state religious liberty commission to conduct further investigation.
The Washington state religious liberty commission shall, within 90 days of receiving a petition filed pursuant to this section, evaluate the allegations within the petition and, by majority vote:
Deny the petition and provide the reasoning for the denial;
Offer the petitioner and responding party voluntary dispute mediation, the proceedings of which must be governed by chapter 7.07 RCW; or
Refer the matter to the Washington state human rights commission in a format mutually agreed upon by the religious liberty commission and the human rights commission. Such referrals must follow the process in section 8 of this act.
If the parties agree to mediation, the Washington state religious liberty executive director shall provide the parties with a list of neutral mediators and the parties must mutually select a mediator from the list provided. If the parties cannot agree on a mediator, the executive director shall appoint the mediator.
The commission shall have the functions, powers, and duties:
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.
To obtain upon request and utilize the services of all governmental departments and agencies.
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.
To receive, impartially investigate, and pass upon complaints alleging unfair practices as defined in this chapter or matters referred to the commission by the Washington state religious liberty commission pursuant to sections 5 and 6 of this act. Matters referred to the human rights commission must follow the procedure in section 8 of this act.
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, citizenship or immigration status, 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.
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. The commission may also issue publications and results of investigations resulting from petitions referred to it by the Washington state religious liberty commission.
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.
To foster good relations between minority and majority population groups of the state through seminars, conferences, educational programs, and other intergroup relations activities.
Upon receipt of a petition or complaint referred to it by the Washington state religious liberty commission pursuant to section 5 or 6 of this act, the human rights commission shall, within 30 days of receiving such referral:
Adopt the findings of the Washington state religious liberty commission in whole or in part and take any action as is appropriate in accordance with the provisions of this chapter; or
Initiate its own investigation and take any action as is appropriate in accordance with the provisions of this chapter.
The human rights commission must provide written explanation to the director of the Washington state religious liberty commission of any findings by the Washington state religious liberty commission that are not adopted by the human rights commission and the reasoning.
The Washington state religious liberty commission may solicit and receive gifts, grants, and endowments from public or private sources that are made for the use or benefit of the commission and expend the same or any income therefrom according to their terms and the purpose of this chapter. The commission's executive director shall make a report of such funds received from private sources to the office of financial management on a regular basis. Such funds received from private sources must not be applied to reduce or substitute for the commission's budget as appropriated by the legislature, but must be applied and expended toward projects and functions authorized by this chapter that were not funded by the legislature.
In carrying out its duties, the Washington state religious liberty commission may establish such relationships with public and private institutions, local governments, private industry, community organizations, and other segments of the general public as may be needed to promote equal opportunity for people of all religious faiths in government, education, economic security, employment, and services.
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The Washington state religious liberty commission may hold hearings, subpoena witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and in connection therewith, to require the production for examination of any books or papers relating to any matter under investigation or in question before the commission.
The commission may apply for and obtain a superior court order approving and authorizing a subpoena in advance of its issuance. The application may be made in Thurston county, the county where the subpoenaed person resides or is found, or the county where the subpoenaed documents, records, or evidence are located. The application must:
State that an order is sought under this section;
Adequately specify the documents, records, evidence, or testimony; and
Include a declaration made under oath that an investigation is being conducted for a lawfully authorized purpose related to an investigation within the commission's authority and that the subpoenaed documents, records, evidence, or testimony are reasonably related to an investigation within the commission's authority.
When an application under this section is made to the satisfaction of the court, the court must issue an order approving the subpoena. An order under this subsection constitutes authority of law for the agency to subpoena the documents, records, evidence, or testimony.
The commission may seek approval and a court may issue an order under this section without prior notice to any person, including the person to whom the subpoena is directed and the person who is the subject of an investigation. An application for court approval is subject to the fee and process set forth in RCW 36.18.012(3).
The Washington state religious liberty commission may adopt rules and regulations pursuant to chapter 34.05 RCW as necessary to implement the purpose of this chapter.
Nothing in sections 5 and 6 of this act preclude the right of any person to institute any action or pursue any civil or criminal remedy before a court of competent jurisdiction.