MISSISSIPPI LEGISLATURE

2015 Regular Session

To: Corrections; Accountability, Efficiency, Transparency

By: Representatives Taylor, Lane

House Bill 846

AN ACT TO AMEND SECTION 47-5-549, MISSISSIPPI CODE OF 1972, TO IMPOSE A MORATORIUM ON THE ABILITY OF THE MISSISSIPPI PRISON INDUSTRIES CORPORATION TO ENTER INTO A NEW CONTRACT WITH ANY PRIVATE ENTITY FOR ANY SERVICE OR ITEM MANUFACTURED, PROCESSED, GROWN OR PRODUCED BY THE CORPORATION; TO PROVIDE THAT SUCH MORATORIUM SHALL END ONCE CERTAIN ACTIONS ARE TAKEN BY THE CORPORATION; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 47-5-549, Mississippi Code of 1972, is amended as follows:

     47-5-549.  (1)  Except as provided in subsection (2) of this section, any service or item manufactured, processed, grown or produced by the corporation from its prison industries may be furnished or sold to any legislative, executive or judicial branch of the state, any political subdivision or any governing authority of the state, any other state, any school, college or university of the state, any foreign government, any agency of the federal government or to any private entity.  The corporation shall make reasonable efforts to purchase raw materials from in-state vendors.  The prices for industry-made products shall be established by the board of directors of the corporation or its designee.

     (2)  There is hereby imposed a moratorium commencing July 1, 2015, on the authority granted to the Mississippi Prison Industries Corporation to enter into new contracts with any private entity to provide any service or item manufactured, processed, grown or produced by the corporation.  The moratorium imposed under this subsection shall end upon the occurrence of the following:

          (a)  Fully complying with the recommendations of the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) contained in the 2013 PEER Committee Performance Review of the corporation; and

          (b)  Submitting to a full fiscal and compliance audit that shall be conducted by the Office of the State Auditor.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2015.