Amendment ASA1-SB291

LRBs0508/1

RAC:kmg:hmh

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 SENATE BILL 291

March 10, 1998 - Offered by Representative Staskunas.

SB291-ASA1,1,2 An Act to amend 303.01 (2) (em); and to create 303.01 (5m) of the statutes; relating to: the operation of private businesses in state prisons.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB291-ASA1, s. 1 Section 1. 303.01 (2) (em) of the statutes, as affected by 1997 Wisconsin Acts 27 and 36, is amended to read:

SB291-ASA1,2,11 303.01 (2) (em) Lease Subject to sub. (5m), lease space, with or without equipment, within the precincts of state prisons, as specified in s. 302.02, or within the confines of correctional institutions operated by the department for holding in secure custody persons adjudged delinquent, to not more than 6 private businesses to employ prison inmates and institution residents to manufacture products or components or to provide services for sale on the open market. The department shall comply with s. 16.75 in selecting businesses under this paragraph. The department may enter into a contract under this paragraph only with the approval of the joint committee on finance. The department shall consult with appropriate trade organizations and labor unions prior to issuing requests for proposals and prior to selecting proposals under this paragraph. Each such private business may conduct its operations as a private business, subject to the wage standards under sub. (4), the disposition of earnings under sub. (8), the requirements for notification and hearing under sub. (1) (c), the requirement for prison industries board approval under s. 303.015 (1) (b) and the authority of the department to maintain security and control in its institutions. The private business and its operations are not a prison industry. Inmates employed by the private business are not subject to the requirements of inmates participating in prison industries, except as provided in this paragraph;

SB291-ASA1, s. 2 Section 2. 303.01 (5m) of the statutes is created to read:

SB291-ASA1,2,14 303.01 (5m) Prohibited contracts. The department may not enter into any contract under sub. (2) (em) that does any of the following:

SB291-ASA1,2,16 (a) Prohibits the department from entering into contracts with any other private business under sub. (2) (em).

SB291-ASA1,2,19 (b) Permits a prison inmate or institution resident, pursuant to his or her duties for the private business, to have access to an individual's social security number, credit card, as defined in s. 421.301 (15), or any legal tender.

SB291-ASA1, s. 3 Section 3. Initial applicability.

SB291-ASA1,2,23 (1) This act applies to contracts to operate private businesses and employ prison inmates or institution residents under section 303.01 (2) (em) of the statutes that are entered into or renewed on or after the effective date of this subsection.

SB291-ASA1,2,24 (End)