June 4, 2015, Introduced by Reps. Pagel, Kelly, Canfield, Heise, Howrylak, Kosowski, Webber and Durhal and referred to the Committee on Judiciary.
A bill to amend 1968 PA 15, entitled
"Correctional industries act,"
by amending section 6 (MCL 800.326), as amended by 2012 PA 261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) Correctional industries products may be sold,
exchanged, or purchased by any of the following:
(a) An institution of this or any other state or political
subdivision of this or any other state, the federal government or
agencies of the federal government, a foreign government or
agencies of a foreign government, or, except as provided in
subsection (6), a private vendor that operates a correctional
facility in this state.
(b) Except as provided in subsection (6), any organization
that is a tax exempt organization under section 501(c)(3) of the
internal revenue code, 26 USC 501, or any organization or
individual that acts as a fiduciary for a tax exempt organization
under section 501(c)(3) of the internal revenue code, 26 USC 501,
and certifies that the product sold or exchanged under this act is
intended for use by a tax exempt organization under section
501(c)(3) of the internal revenue code, 26 USC 501.
(c) Except as provided in subsection (6), any private business
or individual, if the products are cut and sewn textiles, but only
if the same or a comparable in style product is not manufactured by
a
private business in this state. However, this subdivision no
longer
applies does not apply beginning on the later of the
following dates:
(i) The date cut and sewn textiles are being manufactured
under the prisoner industry enhancement certification program under
section 4(h) and sold, exchanged, or purchased under subdivision
(d).
(ii) June 1, 2015.2020.
(d) Except as provided in subsection (6), any private
individual, corporation, partnership, or association in this state
and in interstate commerce if the products are manufactured under
section 4(h).
(2) An agricultural product that is produced on a correctional
farm may be utilized within the correctional institutions or within
a correctional facility in this state notwithstanding its operation
by a private vendor or sold to an institution, governmental agency,
or organization described in subsection (1) or sold for utilization
in the food production facilities of the department of corrections
notwithstanding the operation of those facilities by a private
vendor. An agricultural product that is not utilized or sold as
provided in this subsection shall be made available without charge
to nonprofit charitable organizations or to the family independence
agency for use in food banks, bulk food distributions, or similar
charitable food distribution programs. This subsection does not
apply to an agricultural product that is not in a form suitable for
use in the manner prescribed in this section, such as bulk grain,
live cattle, and hogs, which may be sold on the open market.
(3) Except as provided in subsections (2), (4), and (5), the
labor of inmates shall not be sold, hired, leased, loaned,
contracted for, or otherwise used for private or corporate profit
or for any purpose other than the construction, maintenance, or
operation of public works, ways, or property as directed by the
governor. This act does not prohibit the sale at retail of articles
made by inmates for the personal benefit of themselves or their
dependents or the payment to inmates for personal services rendered
in the correctional institutions, subject to regulations approved
by the department of corrections, or the use of inmate labor upon
agricultural land that has been rented or leased by the department
of corrections upon a sharecropping or other basis.
(4) This act does not prohibit the assignment of prison labor
to a private contractor for the production of goods or services to
be used solely within a correctional institution, jail, or reentry
facility that houses a prisoner population under the jurisdiction
of the department of corrections. Inmates assigned by the
department of corrections for the production of goods or services
that are solely used within a correctional facility or institution
that houses a prisoner population under the jurisdiction of the
department of corrections are not subject to the prevailing or
minimum wage.
(5) If more than 80% of a particular product sold in the
United States is manufactured outside the United States and none of
that product is manufactured in this state, or if a particular
service is not performed in this state, as determined by the
department of corrections in conjunction with the advisory council
for correctional industries, inmate labor may be used in the
manufacture of that product or the rendering of that service in a
private manufacturing or service enterprise established under
section 7a. A determination by the department of corrections under
this subsection shall be made at the time the individual or
business entity applies to the department of corrections for
approval to produce that product or render that service under
section 7a.
(6) An individual who is a member of the state senate or house
of
representatives shall is not be permitted to participate,
directly or indirectly, either personally or through an affiliate,
in any program involving the sale, exchange, purchase, or
manufacture of correctional industries products until 2 years after
the date on which the individual's term of service in the senate or
house of representatives ends.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.