WEST virginia legislature

2017 regular session

Introduced

House Bill 2773

By Delegates Frich, Ward, Butler, Longstreth, Westfall, Gearheart, Storch, Walters, Householder, arvon and Miller, C.

[Introduced March 2, 2017; Referred
to the Committee on Government Organization the Finance.]

A BILL to repeal §25-7-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §25-7-5 of said code, all related to purchase of inmate-made goods by state agencies.

Be it enacted by the Legislature of West Virginia:

That §25-7-6 of the Code of West Virginia, 1931, as amended, be repealed; and that §25-7-5 of said code be amended and reenacted, all to read as follows:

ARTICLE 7. CORRECTIONAL INDUSTRIES ACT OF 2009.

§25-7-5. Purchase of inmate-made goods by state agencies.

(a) On and after the effective date of this article, all offices, departments, institutions and agencies of this state supported, in whole or in part, by state funds shall may purchase all articles or products which they require from the commissioner, if those articles or products are produced or manufactured by correctional industries, as provided by this article. No state office, department, institution or agency may purchase an article or product which correctional industries produces from any other source, unless specifically excepted from the provisions of this section pursuant to section six of this article

(b) Purchases of correctional industries articles or products by state offices, departments, institutions and agencies shall be made on requisition by the office, department, institution or agency requiring the articles or products.

(c) Political subdivisions, not-for-profit corporations and charitable agencies chartered in West Virginia, units of the federal government and units of government of other states may purchase articles and products produced by correctional industries. Entities which contract with the state, its political subdivisions, its agencies or its public institutions may purchase from correctional industries articles and products used in the performance of their contracts.

NOTE: The purpose of this bill is to eliminate the requirement that state agencies purchase certain products from prison industries.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.