H-1411.1 _______________________________________________
HOUSE BILL 1721
_______________________________________________
State of Washington 54th Legislature 1995 Regular Session
By Representatives Hymes, Sheldon, Hankins, Scott, Mitchell, Basich, Quall, Sehlin, Reams, Tokuda, Cooke, Morris, L. Thomas, Goldsmith and Schoesler
Read first time 02/06/95. Referred to Committee on Government Operations.
AN ACT Relating to products and services provided by community rehabilitation programs; amending RCW 43.19.520, 43.19.525, 43.19.530, 39.23.005, 39.23.010, and 39.23.020; reenacting and amending RCW 82.04.385; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 43.19.520 and 1974 ex.s. c 40 s 1 are each amended to read as follows:
It is the intent of the
legislature to ((encourage)) require state agencies and
departments to purchase products and/or services manufactured or provided by ((sheltered
workshops and programs of the department of social and health services which))
community rehabilitation programs that operate facilities serving ((the
handicapped)) severely disabled and disadvantaged citizens.
The legislature recognizes the need to assure a consistent market for the products and services provided by community rehabilitation programs, thereby reducing the forced and often sole dependence on public welfare and providing transferrable employment, skills, and income opportunities for severely disabled and disadvantaged citizens who want and are able to work and contribute to their economy. The legislature intends to provide a dignified means of coparticipation by the severely disabled with all taxpayers in Washington state in easing public subsidy for their support. Providing access to state agencies and departments enhances the ability of community rehabilitation programs to provide long-term employment and training programs for severely disabled and disadvantaged citizens.
Sec. 2. RCW 43.19.525 and 1974 ex.s. c 40 s 2 are each amended to read as follows:
As used in RCW
43.19.520 and 43.19.530 ((the term "sheltered workshops" shall
have)) "community rehabilitation programs" has the meaning
ascribed to it by RCW 82.04.385 ((and "programs of the department of
social and health services" shall mean the group training homes and day
training centers defined in RCW 72.33.800)).
Sec. 3. RCW 43.19.530 and 1977 ex.s. c 10 s 2 are each amended to read as follows:
The state agencies and
departments ((are hereby authorized to)) shall purchase products
and/or services manufactured or provided by ((sheltered workshops and
programs of the department of social and health services)) community
rehabilitation programs. Such purchases shall be at the fair market price
of such products and services as determined by the ((division of purchasing
of the department of general administration)) state agency or department
purchasing authority, referred to in this section as "purchaser".
To determine the fair market price the ((division)) purchaser
shall ((use the last comparable bid on the products and/or services or in
the alternative the last price paid for the products and/or services. The
increased cost of labor, materials, and other documented costs since the last
comparable bid or the last price paid are additional cost factors which shall
be considered in determining fair market price)) establish a reasonable
price that recovers for the community rehabilitation program the cost of raw
materials, labor, overhead, delivery costs, and an amount left in reserve for
inventory and equipment replacement. The purchaser may consider such factors
as previous responsible bids, similar bids by federal agencies under the
authorized federal program, and community rehabilitation program actual costs
in determining the price of products and services. Upon the establishment
of the fair market price as provided for in this section the ((division))
purchaser is hereby empowered to negotiate directly with ((sheltered
workshops or officials in charge of the programs of the department of social
and health services)) community rehabilitation programs for the
purchase of the products or services.
Sec. 4. RCW 39.23.005 and 1975 c 20 s 1 are each amended to read as follows:
It is the intent of the
legislature to ((encourage)) require municipalities to purchase
products and/or services manufactured or provided by ((sheltered workshops
and programs of the department of social and health services which)) community
rehabilitation programs that operate facilities serving ((the
handicapped)) severely disabled and disadvantaged citizens.
Sec. 5. RCW 39.23.010 and 1975 c 20 s 2 are each amended to read as follows:
As used in RCW
39.23.005 and 39.23.020 ((the term "sheltered workshops" shall
have)) "community rehabilitation programs" has the meaning
ascribed to it by RCW 82.04.385 ((and "programs of the department of
social and health services" shall mean the group training homes and day
training centers defined in RCW 72.33.800 and "municipality" shall
have the meaning ascribed to it by RCW 39.04.010)).
Sec. 6. RCW 39.23.020 and 1977 ex.s. c 10 s 1 are each amended to read as follows:
Municipalities ((are
hereby authorized to)) shall purchase products and/or services
manufactured or provided by ((sheltered workshops and programs of the
department of social and health services)) community rehabilitation
programs. Such purchases shall be at the fair market price of such
products and services as determined by a municipality. To determine the fair
market price a municipality shall ((use the last comparable bid on the
products and/or services or in the alternative the last price paid for the
products and/or services. The increased cost of labor, materials, and other
documented costs since the last comparable bid or the last price paid are
additional cost factors which shall be considered in determining fair market
price)) establish a reasonable process that recovers for the community
rehabilitation program the cost of raw materials, labor overhead, delivery
costs, and an amount left in reserve for inventory and equipment replacement.
The municipality may consider such factors as previous responsible bids,
similar bids by federal agencies under the authorized federal program, and
community rehabilitation program actual costs in determining the price of
products and services. Upon the establishment of the fair market price as
provided for in this section a municipality is hereby empowered to negotiate
directly with ((sheltered workshops or officials in charge of the programs
of the department of social and health services)) community
rehabilitation programs for the purchase of the products or services.
Sec. 7. RCW 82.04.385 and 1988 c 176 s 915 and 1988 c 13 s 1 are each reenacted and amended to read as follows:
This chapter shall not
apply to income received from the department of social and health services for
the cost of care, maintenance, support, and training of persons with
developmental disabilities at nonprofit group training homes as defined by
chapter 71A.22 RCW or to the business activities of nonprofit organizations
from the operation of ((sheltered workshops)) community
rehabilitation programs. For the purposes of this section, "the
operation of ((sheltered workshops)) community rehabilitation
programs" means performance of business activities of any kind on or
off the premises of such nonprofit organizations which are performed for the
primary purpose of (1) providing gainful employment or rehabilitation services
to the handicapped as an interim step in the rehabilitation process for those
who cannot be readily absorbed in the competitive labor market or during such
time as employment opportunities for them in the competitive labor market do
not exist; or (2) providing evaluation and work adjustment services for
handicapped individuals.
NEW SECTION. Sec. 8. (1) The department of general administration shall establish a state use advisory committee composed of equal representation from purchasers, community rehabilitation programs, and other appropriate parties for the purpose of reviewing the intent and application of this act and reporting such findings and recommendations to the legislature by December 1, 1996. Particular issues that should be addressed in the report include the number of severely disabled and disadvantaged citizens employed, establishing fair market price, and the impact on private businesses and community rehabilitation programs.
(2) This section shall expire December 31, 1996.
--- END ---