Bill Text: CA AB1507 | 2011-2012 | Regular Session | Introduced
Bill Title: Public contracts: Prison Industry Authority.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-17 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1507 Detail]
Download: California-2011-AB1507-Introduced.html
BILL NUMBER: AB 1507 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Mendoza
JANUARY 12, 2012
An act to amend Section 2807 of the Penal Code, relating to public
contracts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1507, as introduced, Mendoza. Public contracts: Prison Industry
Authority.
Existing law establishes the Prison Industry Authority within the
Department of Corrections and Rehabilitation. Existing law provides
that the authority is authorized and empowered to operate industrial,
agricultural, and service enterprises in order to provide products
and services needed by the state. Existing law requires that state
agencies 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
their needs.
This bill would provide that these requirements shall not restrict
state agencies from entering into contracts or purchase orders of
$25,000 or less with California certified small businesses,
microbusinesses, or disabled veteran business enterprises 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 that 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.
(c) All products and services provided by the authority may be
offered for sale to a nonprofit organization, provided that all of
the following conditions are met:
(1) The nonprofit organization is located in California and is
exempt from taxation under Section 501(c)(3) of Title 26 of the
United States Code.
(2) The nonprofit organization has entered into a memorandum of
understanding with a local education agency. As used in this section,
"local education agency" means a school district, county office of
education, state special school, or charter school.
(3) The products and services are provided to public school
students at no cost to the students or their families.
(d) Notwithstanding subdivision (b), the requirements imposed on
state agencies 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 their needs shall not restrict state agencies from entering into
contracts or purchase orders of twenty-five thousand dollars
($25,000) or less with California certified small businesses,
microbusinesses, or disabled veteran business enterprises, as defined
in Section 14837 of the Government Code. This subdivision shall only
apply to contracts for products provided at a lower price than the
price available from the Prison Industry Authority.
