|SENATE PROPOSAL OF AMENDMENT||2007-2008|
An act relating to elimination of the offender work programs board
The Senate proposes to the House to amend the bill by striking out all after the enacting clause and inserting in lieu thereof the following:
(d) The labor, work product, or time of an offender may be sold, contracted, or hired out by the state only:
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any state or political subdivision of a state, or to any nonprofit organization
which is exempt from federal or state income taxation, subject to federal law,
to the laws of the recipient state and to the rules of the department. The
director of work offender programs shall annually, by January 1, submit to the
chairs of the senate and house committees on institutions and to the offender
work programs board a list of any such nonprofit organizations receiving goods
or services in the prior and current fiscal year.
members of such board at a scheduled and warned board meeting may vote to
disapprove any future sales of offender produced goods or services to any
nonprofit organization and such vote shall be binding on the department.
any private person or enterprise not involving the provision of the
federally authorized Prison Industries Enhancement Program, provided
that the offender work programs board shall first determine that the offender
work product in question is not otherwise produced or available within the
state. Five Three members of such board at a scheduled and warned
board meeting may vote to disapprove any future sales of offender produced
goods or services to any person or entity not involving the provisions of the federally-authorized
federally authorized Prison Industries Enhancement Program and such vote
shall be binding on the department.
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Sec. 2. 28 V.S.A. § 761 is amended to read:
§ 761. OFFENDER WORK PROGRAMS BOARD
(a) Offender work programs board established. An offender work programs board is established for the purpose of advising the commissioner on the use of offender labor for the public good. The board shall base its considerations and recommendations to the commissioner on a review of plans for offender work programs pursuant to subsection (b) of this section, and on other information as it deems appropriate.
The board shall consist of
nine five members, each appointed by
the governor for a three-year term or until a successor is appointed, as
two representatives of customers of the products and services of
offender work programs, two one of whom shall represent public
sector customers, and two one of whom shall represent private
nonprofit organization customers;
two representatives of private business organizations; and
one representative of labor or labor organizations
; and (D)
one at large member.
The governor shall appoint a chair and vice chair, each of whom shall serve for
one year two years or until a successor is appointed.
The board shall report to the commissioner on its activities at the
request of the commissioner
, and at least annually to the commissioner and
to the joint fiscal office.
(4) The board may, with the commissioner's approval of funds, hire by contract such persons the board deems necessary to provide it with administrative and staff support.
(5) All board members shall be reimbursed from the special fund established by section 752 of this title for per diem and expenses incurred in the performance of their duties pursuant to section 1010 of Title 32.
(6) The board shall meet at the request of the commissioner, an affected business member, a member of the general public, or a member of the board.
of the annual report and two-year plan. In reviewing The board shall
review the annual report and two-year plan submitted by the director of
offender work programs as required by subsection 751b(f) of this title, and forming
its recommendations concerning them to the commissioner, the board shall:
itself that forward its recommendations to the commissioner concerning
whether the plan is informed by thorough and accurate analysis of private
business activity in the specific market segments concerned, for which purpose
the board may, with the commissioners' commissioner’s approval of
funds, hire by contract such persons the board deems necessary to assist it in
analyzing the plan. The board shall also may conduct public
hearings to hear from members of the public or from potentially affected
private businesses and labor groups; and
annually by January 1 to the joint fiscal office a maximum level of offender
work program activity in each market segment during the term of the plan; and (3) make
publicly known and available its recommendations for offender work programs
(c) Offender work programs expansion. The Vermont correctional industries component of the offender work programs shall not expand into an existing market until the commissioner has done all of the following:
(1) evaluated the impact of expansion on private sector business;
(2) notified the offender work programs board of the proposal; and
obtained the board's written suggestions, comments and recommendations
concerning the proposal.
Five Three members of the such
board at a scheduled and warned board meeting may vote to disapprove any
proposed expansion not involving the provisions of the federally-authorized
federally authorized Prison Industries Enhancement Program, and such
vote shall be binding on the department.
and that upon passage, the title of the bill shall be: “AN ACT RELATING TO THE ROLE OF THE VERMONT OFFENDER WORK PROGRAMS BOARD”
The Vermont General Assembly
115 State Street