BILL REQ. #:  H-4166.1 

READ FIRST TIME 02/06/12.   

     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 adding a new section to chapter 72.09 RCW.

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

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 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) Pursuant to section 2 of this act, the department of enterprise services in conjunction with the department of corrections shall issue a request for proposal for correctional officer uniforms. The request for proposal process shall include the following criteria:
     (a) Any contract for the procurement of uniforms for employees of the state department of corrections shall be awarded or issued as a result of an open and competitive bidding or selection process that does not exceed current annual funding levels as of the 2011 fiscal year for the department of corrections.
     (b) The department must ensure that the product is manufactured within the United States of America.

NEW SECTION.  Sec. 2   A new section is added to chapter 72.09 RCW to read as follows:
     The department of corrections shall adopt by rule a quality control and quality assurance system that establishes a policy and procedure to identify each inmate's role in the manufacture of each uniform. The quality control and quality assurance system shall also include measurable standards for producing uniforms of correct size, fit, and quality.
     (1) Upon the identification of numerous workmanship quality problems traceable to a certain inmate, the respective correctional industries' inmate shall be removed from the industrial sewing class II correctional industry program that manufactures uniforms for the department of corrections and its employees. "Workmanship quality problems" as used in this section includes, but is not limited to, sewing or sizing defects relating to the uniform garments.
     (2) The department shall, in consultation with state correctional officers, report to the legislature on the policy and quality assurance procedures established in this section. The department shall provide a written report to the appropriate committees of the legislature by January 31, 2013. If the report concludes that the industrial sewing class II industry program that manufactures uniforms for department of corrections personnel continues to produce substandard products then the department of corrections shall issue a request for proposal for the uniforms pursuant to RCW 43.19.534(3) by March 1, 2013.
     (3) If the department concludes before January 31, 2013, that the uniform garments do not satisfy officers' requirements, contain workmanship quality problems, and are of substandard quality then the department of corrections may begin the request for proposal process under RCW 43.19.534(3) immediately.