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Wa Co Uniform Purchasing Law 2012

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CERTIFICATION OF ENROLLMENT
HOUSE BILL 2346
Chapter 220, Laws of 2012
62nd Legislature
2012 Regular Session
CORRECTIONAL OFFICERS--PURCHASE OF UNIFORMS

EFFECTIVE DATE: 06/07/12

Passed by the House March 3, 2012
Yeas 92 Nays 3
FRANK CHOPP
Speaker of the House of Representatives

CERTIFICATE
I, Barbara Baker, Chief Clerk of
the House of Representatives of
the State of Washington, do hereby
certify that the attached is HOUSE
BILL 2346 as passed by the House of
Representatives and the Senate on
the dates hereon set forth.

Passed by the Senate February 29, 2012
Yeas 45 Nays 3
BARBARA BAKER
Chief Clerk
BRAD OWEN
President of the Senate
Approved March 30, 2012, 11:41 a.m.

FILED
March 30, 2012

CHRISTINE GREGOIRE
Governor of the State of Washington

Secretary of State
State of Washington

_____________________________________________
HOUSE BILL 2346
_____________________________________________
AS AMENDED BY THE SENATE
Passed Legislature - 2012 Regular Session
State of Washington

62nd Legislature

2012 Regular Session

By
Representatives Walsh, Reykdal, Pearson, Hurst, Kristiansen,
Nealey, McCune, Appleton, Orwall, Moscoso, Goodman, DeBolt, Rivers,
Shea, Armstrong, Maxwell, Johnson, Springer, Darneille, Sells,
Fitzgibbon, Eddy, Angel, Upthegrove, Kelley, Ryu, Stanford, Hudgins,
Seaquist, and Ormsby
Read first time 01/11/12.
Emergency Preparedness.

Referred to Committee on Public Safety &

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AN ACT Relating to removing the requirement that correctional
officers of the department of corrections purchase uniforms from
correctional industries; reenacting and amending RCW 43.19.534 and
72.09.100; and creating a new section.

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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

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Sec. 1. RCW 43.19.534 and 2011 1st sp.s. c 43 s 227 and 2011 c 367
s 707 are each reenacted and amended to read as follows:
(1) State agencies, the legislature, and departments shall purchase
for their use all goods and services required by the legislature,
agencies, or departments that are produced or provided in whole or in
part from class II inmate work programs operated by the department of
corrections through state contract. These goods and services shall not
be purchased from any other source unless, upon application by the
department or agency: (a) The department finds that the articles or
products do not meet the reasonable requirements of the agency or
department, (b) are not of equal or better quality, or (c) the price of
the product or service is higher than that produced by the private
sector. However, the criteria contained in (a), (b), and (c) of this
subsection for purchasing goods and services from sources other than

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HB 2346.SL

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correctional industries do not apply to goods and services produced by
correctional industries that primarily replace goods manufactured or
services obtained from outside the state.
The department of
corrections and department shall adopt administrative rules that
implement this section.
(2) During the 2009-2011 and 2011-2013 fiscal biennia, and in
conformance with section 223(11), chapter 470, Laws of 2009 and section
221(2), chapter 367, Laws of 2011, this section does not apply to the
purchase of uniforms by the Washington state ferries.
(3) Effective July 1, 2012, this section does not apply to the
purchase of uniforms for correctional officers employed with the
Washington state department of corrections.

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Sec. 2. RCW 72.09.100 and 2011 1st sp.s. c 21 s 37 and 2011 c 100
s 1 are each reenacted and amended to read as follows:
It is the intent of the legislature to vest in the department the
power to provide for a comprehensive inmate work program and to remove
statutory and other restrictions which have limited work programs in
the past. It is also the intent of the legislature to ensure that the
department, in developing and selecting correctional industries work
programs, does not encourage the development of, or provide for
selection of or contracting for, or the significant expansion of, any
new or existing class I correctional industries work programs that
unfairly compete with Washington businesses. The legislature intends
that the requirements relating to fair competition in the correctional
industries work programs be liberally construed by the department to
protect Washington businesses from unfair competition. For purposes of
establishing such a comprehensive program, the legislature recommends
that the department consider adopting any or all, or any variation of,
the following classes of work programs:
(1) CLASS I: FREE VENTURE INDUSTRIES.
(a) The employer model industries in this class shall be operated
and managed in total or in part by any profit or nonprofit organization
pursuant to an agreement between the organization and the department.
The organization shall produce goods or services for sale to both the
public and private sector.
(b) The customer model industries in this class shall be operated

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and managed by the department to provide Washington state manufacturers
or businesses with products or services currently produced or provided
by out-of-state or foreign suppliers.
(c) The department shall review these proposed industries,
including any potential new class I industries work program or the
significant expansion of an existing class I industries work program,
before the department contracts to provide such products or services.
The review shall include the analysis required under RCW 72.09.115 to
determine if the proposed correctional industries work program will
compete with any Washington business. An agreement for a new class I
correctional industries work program, or an agreement for a significant
expansion of an existing class I correctional industries work program,
that unfairly competes with any Washington business is prohibited.
(d) The department shall supply appropriate security and custody
services without charge to the participating firms.
(e) Inmates who work in free venture industries shall do so at
their own choice. They shall be paid a wage comparable to the wage
paid for work of a similar nature in the locality in which the industry
is located, as determined by the director of correctional industries.
If the director cannot reasonably determine the comparable wage, then
the pay shall not be less than the federal minimum wage.
(f) An inmate who is employed in the class I program of
correctional industries shall not be eligible for unemployment
compensation benefits pursuant to any of the provisions of Title 50 RCW
until released on parole or discharged.
(2) CLASS II: TAX REDUCTION INDUSTRIES.
(a) Industries in this class shall be state-owned and operated
enterprises designed primarily to reduce the costs for goods and
services for tax-supported agencies and for nonprofit organizations.
(b)(i) The industries selected for development within this class
shall, as much as possible, match the available pool of inmate work
skills and aptitudes with the work opportunities in the free community.
The industries shall be closely patterned after private sector
industries but with the objective of reducing public support costs
rather than making a profit.
(ii) Except as provided in RCW 43.19.534(3) and this section, the
products and services of this industry, including purchased products

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and services necessary for a complete product line, may be sold to the
following:
(A) Public agencies;
(B) Nonprofit organizations;
(C) Private contractors when the goods purchased will be ultimately
used by a public agency or a nonprofit organization;
(D) An employee and immediate family members of an employee of the
department;
(E) A person under the supervision of the department and his or her
immediate family members; and
(F) A licensed health professional for the sole purpose of
providing eyeglasses to enrollees of the state medical program at no
more than the health professional's cost of acquisition.
(iii) The department shall authorize the type and quantity of items
that may be purchased and sold under (b)(ii)(D) and (E) of this
subsection.
(iv) It is prohibited to purchase any item purchased under
(b)(ii)(D) and (E) of this subsection for the purpose of resale.
(v) Clothing manufactured by an industry in this class may be
donated to nonprofit organizations that provide clothing free of charge
to low-income persons.
(c) Under no circumstance shall offenders under the custody of the
department of corrections make or assemble uniforms to be worn by
correctional officers employed with the department.
(d)(i) Class II correctional industries products and services shall
be reviewed by the department before offering such products and
services for sale to private contractors.
(ii) The secretary shall conduct a yearly marketing review of the
products and services offered under this subsection. Such review shall
include an analysis of the potential impact of the proposed products
and services on the Washington state business community. To avoid
waste or spoilage and consequent loss to the state, when there is no
public sector market for such goods, by-products and surpluses of
timber, agricultural, and animal husbandry enterprises may be sold to
private persons, at private sale. Surplus by-products and surpluses of
timber, agricultural and animal husbandry enterprises that cannot be
sold to public agencies or to private persons may be donated to

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nonprofit organizations.
All sales of surplus products shall be
carried out in accordance with rules prescribed by the secretary.
(((d))) (e) Security and custody services shall be provided without
charge by the department.
(((e))) (f) Inmates working in this class of industries shall do so
at their own choice and shall be paid for their work on a gratuity
scale which shall not exceed the wage paid for work of a similar nature
in the locality in which the industry is located and which is approved
by the director of correctional industries.
(((f))) (g) Provisions of RCW 41.06.142 shall not apply to
contracts with Washington state businesses entered into by the
department through class II industries.
(3) CLASS III: INSTITUTIONAL SUPPORT INDUSTRIES.
(a) Industries in this class shall be operated by the department.
They shall be designed and managed to accomplish the following
objectives:
(i) Whenever possible, to provide basic work training and
experience so that the inmate will be able to qualify for better work
both within correctional industries and the free community. It is not
intended that an inmate's work within this class of industries should
be his or her final and total work experience as an inmate.
(ii) Whenever possible, to provide forty hours of work or work
training per week.
(iii) Whenever possible, to offset tax and other public support
costs.
(b) Class III correctional industries shall be reviewed by the
department to set policy for work crews. The department shall prepare
quarterly detail statements showing where work crews worked, what
correctional industry class, and the hours worked.
(c) Supervising, management, and custody staff shall be employees
of the department.
(d) All able and eligible inmates who are assigned work and who are
not working in other classes of industries shall work in this class.
(e) Except for inmates who work in work training programs, inmates
in this class shall be paid for their work in accordance with an inmate
gratuity scale.
The scale shall be adopted by the secretary of
corrections.
(4) CLASS IV: COMMUNITY WORK INDUSTRIES.

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(a) Industries in this class shall be operated by the department.
They shall be designed and managed to provide services in the inmate's
resident community at a reduced cost. The services shall be provided
to public agencies, to persons who are poor or infirm, or to nonprofit
organizations.
(b) Class IV correctional industries shall be reviewed by the
department to set policy for work crews. The department shall prepare
quarterly detail statements showing where work crews worked, what
correctional industry class, and the hours worked.
Class IV
correctional industries operated in work camps established pursuant to
RCW 72.64.050 are exempt from the requirements of this subsection
(4)(b).
(c) Inmates in this program shall reside in facilities owned by,
contracted for, or licensed by the department.
A unit of local
government shall provide work supervision services without charge to
the state and shall pay the inmate's wage.
(d) The department shall reimburse participating units of local
government for liability and workers compensation insurance costs.
(e) Inmates who work in this class of industries shall do so at
their own choice and shall receive a gratuity which shall not exceed
the wage paid for work of a similar nature in the locality in which the
industry is located.
(5) CLASS V: COMMUNITY RESTITUTION PROGRAMS.
(a) Programs in this class shall be subject to supervision by the
department. The purpose of this class of industries is to enable an
inmate, placed on community supervision, to work off all or part of a
community restitution order as ordered by the sentencing court.
(b) Employment shall be in a community restitution program operated
by the state, local units of government, or a nonprofit agency.
(c) To the extent that funds are specifically made available for
such purposes, the department shall reimburse nonprofit agencies for
workers compensation insurance costs.

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NEW SECTION. Sec. 3. If specific funding for the purposes of this
act, referencing this act by bill or chapter number, is not provided by
June 30, 2012, in the omnibus appropriations act, this act is null and

HB 2346.SL

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void.
Passed by the House March 3, 2012.
Passed by the Senate February 29, 2012.
Approved by the Governor March 30, 2012.
Filed in Office of Secretary of State March 30, 2012.

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