ENGROSSED
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; and reimbursement of the account.
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 immediately 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 provided in subsection (c) of this section,
moneys 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
general revenue fund and if the governor does not make such that
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.