BILL NUMBER: SB 1130	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Aanestad

                        FEBRUARY 18, 2010

   An act to amend Section  2800   2807  of
the Penal Code, relating to corrections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1130, as amended, Aanestad. Corrections: Prison Industry
Authority.
   Existing law provides that there is in existence within the
Department of Corrections and Rehabilitation the Prison Industry
Authority  under the direction of the Prison Industry Board.
Under existing law, the authority has jurisdiction over the operation
of all industrial, agricultural, and service enterprises employing
prisoners in institutions under the jurisdiction of the department
and has the power to establish new enterprises which it deems
appropriate  . 
   Under existing law, products made by enterprises under the
authority's jurisdiction shall be purchased by the state or a state
agency, and may be purchased by a local agency or by a state agency
to be offered for sale to persons residing in state-operated
institutions at prices fixed by the authority.  
   This bill would prohibit a state agency from purchasing any
product from the authority unless the total cost to the state agency
for the transaction is less than the cost of making the same
transaction with a private entity or other public agency. 

   This bill would make a nonsubstantive change to that provision.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 2807 of the   Penal
Code   is amended to read: 
   2807.  (a) The authority is hereby authorized and empowered to
operate industrial, agricultural, and service enterprises which will
provide products and services needed by the state, or any political
subdivision thereof, or by the federal government, or any department,
agency, or corporation thereof, or for any other public use.
Products may be purchased by state agencies to be offered for sale to
inmates of the department and to any other person under the care of
the state who resides in state-operated institutional facilities.
Fresh meat may be purchased by food service operations in state-owned
facilities and sold for onsite consumption.
   (b) All things authorized to be produced under subdivision (a)
shall be purchased by the state, or any agency thereof, and may be
purchased by any county, city, district, or political subdivision, or
any agency thereof, or by any state agency to offer for sale to
persons residing in state-operated institutions, at the prices fixed
by the Prison Industry Authority. State agencies shall make maximum
utilization of these products, and shall consult with the staff of
the authority to develop new products and adapt existing products to
meet their needs.  However, no state agency shall purchase any
product from the authority unless the total cost to the state agency
for the transaction is equal to or less than the total cost of making
that same transaction with a private entity or other public agency.
 
  SECTION 1.    Section 2800 of the Penal Code is
amended to read:
   2800.  There is hereby in existence within the Department of
Corrections and Rehabilitation the Prison Industry Authority. As used
in this article, "authority" means the Prison Industry Authority.
Any reference to the Department of Corrections shall refer to the
Department of Corrections and Rehabilitation.