Committee advances HB 2,684 to add Middle Eastern/North African group to OMWBE; amendments fail

The Technology, Economic Development and Veterans Committee on Feb. 4 reported House Bill 2,684 out of committee with a due‑pass recommendation after debate on five proposed amendments, none of which were adopted.

House Bill 2,684 would add a Middle Eastern/North African (MENA) category to the Office of Minority and Women's Business Enterprises (OMWBE) certification process by identifying the group as an eligible subgroup for the office's existing socially disadvantaged business certification. Martha Whaling, committee staff, briefed members on five drafted amendments addressing how the office identifies socially disadvantaged groups, the use of disaggregated data, constitutional consistency, federal‑law conflicts and attorney general review.

Amendment Pool 188 (sponsored by Rep. Barnard and moved by Rep. Penner) would have required the office to identify specific instances of current discrimination before applying the rebuttable presumption of social disadvantage to a group added by rule. Opponents, including Rep. Shavers, argued it would substantially narrow the presumption, increase administrative burden and invite delay; proponents argued it would require concrete evidence for new group designations. The amendment was put to a voice vote and was not adopted.

WALE 294 (sponsored by Rep. Volz) sought to require disaggregation of subgroup data (for example subdividing broad categories like "Middle East and North Africa") and would prohibit use of aggregated subgroup data where significant disparities exist across subgroups. Rep. Volz provided income‑by‑nationality examples to demonstrate intra‑group disparities and said the amendment aimed for more precise metrics. Other members said terms such as "significant" were undefined and warned against relying on single metrics such as income to measure discrimination. The amendment was not adopted.

WALE 293 (Rep. Keaton) would have required OMWBE rules to be consistent with Article I, Section 12 of the Washington State Constitution (prohibiting laws that grant privileges or immunities that do not apply equally). Supporters said the language would reduce future litigation risk; opponents said constitutional compliance is already required and the amendment was unnecessary. The amendment was not adopted.

WALE 295 (Rep. Barnard) would have required OMWBE rules not to conflict with federal law to avoid preventing access to federal funding. Some members, including Rep. Paul, expressed concern that shifting federal interpretations could limit state flexibility; the amendment failed. WALE 296 (Rep. Barnard) would have directed the office to obtain attorney general review of rulemaking for federal‑law consistency; supporters said this could prevent litigation while opponents raised possible fiscal implications for the AGO. That amendment also failed.

After amendment votes, Vice Chair Donaghy moved adoption of the substitute bill to be reported out with a due‑pass recommendation. The committee took a roll‑call vote; staff announced 7 ayes, 4 nays and 2 excused, and the motion passed. Chair Ryu described the underlying bill as a narrow change to add the Middle Eastern/North African group to OMWBE eligibility.

The committee then moved House Joint Memorial 4012, a separate measure urging Congress action related to combat‑injured veterans, and reported it out with a due‑pass recommendation by oral vote (11 ayes, 0 nays, 2 excused).

The committee adjourned with no further business.

Votes at a glance: - HB 2,684: reported out of committee with a due‑pass recommendation. Staff announced 7 ayes, 4 nays, 2 excused. (Individual votes were read aloud during roll call.) - HJM 4012: reported out of committee by oral vote, 11 ayes, 0 nays, 2 excused.

Next steps: Both measures will proceed in the legislative process according to standard scheduling and calendar procedures.