ENROLLED
Senate Bill No. 565
(By Senators Tomblin, Mr. President, and Craigo)
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[Passed March 9, 2002; in effect from passage.]
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AN ACT 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; 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; providing for reimbursement of
the account; and increasing the amount that may be maintained
in 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 kept and maintained in a special
revolving account designated the "prison industries account".
(b) Except as provided in subsection (c) of this section,
moneys collected and deposited may only be used 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.
(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" 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 five hundred thousand 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
that determination, any amount above one million five hundred
thousand 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.