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1998 SESSION

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988688386
HOUSE BILL NO. 1190 Offered January 26, 1998 A BILL to amend and reenact §§ 53.1-45 and 53.1-47 of the Code of Virginia and to repeal § 53.1-48 of the Code of Virginia, relating to Virginia Correctional Enterprises; mandatory procurement. ---------- Patron-- O'Brien ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1. That §§ 53.1-45 and 53.1-47 of the Code of Virginia are amended and reenacted as follows:

§ 53.1-45. Sale of prison goods and services; print shop.

A. Articles produced or manufactured and services provided by prisoners sentenced to state correctional facilities may be disposed of by the Director by sale only to municipal and county agencies in Virginia and to federal, state and local public agencies within or without the Commonwealth or as the Director, with the approval of the Governor, may deem to be in the best interests of the Commonwealth. Except as otherwise provided, no articles Articles produced or manufactured nor and services provided by prisoners may be bought, sold or acquired by exchange on the open market.

B. The products of any printing shop in any state correctional facility shall may be sold only to the departments, institutions and agencies of the Commonwealth which are supported in whole or in part with funds from the state treasury and to offices or agencies of the counties, cities and towns of the Commonwealth. Such products shall not may be sold on the open market except as provided in § 53.1-45.1.

§ 53.1-47. Purchases by agencies, localities and certain nonprofit organizations.

Articles and services produced or manufactured by persons confined in state correctional facilities:

1. Shall May be purchased by all departments, institutions and agencies of the Commonwealth which are supported in whole or in part with funds from the state treasury for their use or the use of persons whom they assist financially. Except as provided in § 53.1-48, no such articles or services shall be purchased by any department, institution or agency of the Commonwealth from any other source; and

2. May be purchased by any county, district of any county, city or town and by any nonprofit organization, including volunteer lifesaving or first aid crews, rescue squads, fire departments, sheltered workshops and community service organizations; and

3. May be bought, sold or acquired by exchange on the open market.

2. That § 53.1-48 of the Code of Virginia is repealed.