Senate Bill No. 565
(By Senators Tomblin, Mr. President, and Craigo)
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[Introduced February 11, 2002; referred to the Committee
on Finance.]
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A BILL to amend and reenact section fourteen, article five-b,
chapter twenty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to the
prison industries account; and allowing money from the account
to be used to pay wages due inmates for services provided
under a contract between a state spending unit, political
subdivision or other governmental entity and the division of
corrections pending receipt of the amounts owed for the
services under the contract.
Be it enacted by the Legislature of West Virginia:
That section fourteen, article five-b, chapter twenty-eight of
the code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5B. PRISON-MADE GOODS.
§28-5B-14. Prison industries account.
(a) All moneys collected by the commissioner of the division
of corrections from the sale or disposition of articles and
products manufactured or produced by convict labor in accordance
with the provisions of this article shall be forthwith deposited
with the state treasurer to be there kept and maintained as in a
special revolving account designated the "prison industries
account". and such
(b) Except as otherwise provided in this section, moneys so
collected and deposited shall may only be used solely for the
purchase of manufacturing supplies, equipment, machinery and
materials used to carry out the purposes of this article, as well
as for the payment of the necessary personnel in charge thereof and
to otherwise defray the necessary expenses incident thereto, all of
which are under the direction and subject to the approval of the
commissioner. Provided, That
(c) Moneys in the account may also be used to pay wages due
inmates for services provided under a contract between a state
spending unit, political subdivision or other governmental entity
and the division of corrections, pending receipt of the amounts
owed for the services under the contract. The account shall be
reimbursed within twenty-four hours of receipt of the amounts due
under the contract from the state spending unit, political
subdivision or other governmental entity.
(d) The "prison industries account" shall may never be maintained in excess of the amount necessary to efficiently and
properly carry out the intentions of this article and in no event
may the "prison industries account" be maintained in excess of the
sum of one million dollars. When, in the opinion of the governor,
the "prison industries account" has reached a sum in excess of the
requirements of this article, the excess shall be transferred by
the commissioner of the division of corrections to the state fund,
general revenue, and if the governor does not make such the
determination, any excess amount above one million dollars shall be
transferred to the state fund, general revenue, by the commissioner
of the division of corrections at the end of each fiscal year.
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(NOTE: The purpose of this bill is to allow money from the
prison industries account to be used to pay wages due inmates for
services provided under a contract between a state spending unit,
political subdivision or other governmental entity and the division
of corrections pending receipt of the amounts owed for the services
under the contract.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.)
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FINANCE COMMITTEE AMENDMENTS
On page two, section fourteen, line four, by striking out the
word "forthwith" and inserting in lieu thereof the word
"immediately";
On page two, section fourteen, line eight, by striking out the
word "otherwise";
On page two, section fourteen, line eight, after the word "in"
by inserting the words "subsection (c) of";
On page two, section fourteen, line eight, by striking out the word "so";
On page three, section fourteen, line seven, after the word
"state" by inserting the words "general revenue";
On page three, section fourteen, line eight, by striking out
the words "general revenue";
On page three, section fourteen, line eight, after the word
"make" by striking out the word "the" and inserting in lieu thereof
the word "that";
And,
On page one, by striking out the title and substituting
therefor a new title, to read as follows:
Eng. Senate Bill No. 565--
A BILL to amend and reenact section
fourteen, article five-b, chapter twenty-eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
relating to the prison industries account; and allowing money from
the account to be used to pay wages due inmates for services
provided under a contract between a state spending unit, political
subdivision or other governmental entity and the division of
corrections pending receipt of the amounts owed for the services
under the contract; and reimbursement of the account.