BILL NUMBER: SB 1130	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 12, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Aanestad
    (   Coauthor:   Assembly Member  
Chesbro   ) 

                        FEBRUARY 18, 2010

   An act to amend Section 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 
 provide that, notwithstanding requirements imposed on the
Department of Corrections and Rehabilitation to purchase Prison
Industry Authority products, the department shall not be restricted
from entering into contracts with private entities or other public
agencies for products provided at a lower price than the price
available from the Prison Industry Authority  .
   Vote: majority. Appropriation: no. Fiscal committee: 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.  
   (c) Notwithstanding subdivision (b), the requirements imposed on
the Department of Corrections and Rehabilitation to purchase Prison
Industry Authority products, make maximum utilization of these
products, and consult with the staff of the authority to develop new
products and adapt existing products to meet its needs shall not
restrict the department from entering into contracts with private
entities or other public agencies for products provided at a lower
price than the price available from the Prison Industry Authority.