H*2427(Rat #0093, Act #0056 of 1981)  General Bill, By 
 House Medical, Military, Public and Municipal Affairs
 A Bill to amend Section 24-3-330, Code of Laws of South Carolina, 1976,
 relating to the purchase of products produced by convict labor, so as to allow
 the Department of Corrections to purchase prison goods from other states for
 resale to other agencies and political subdivisions of the State; and to amend
 Section 24-3-410, as amended, relating to the sale of prison-made products on
 the open market, so as to allow the Department of Corrections to provide for
 adult work activity centers through contract with private sector business to
 provide work for physically handicapped, mentally retarded or aged inmates.

   02/18/81  House  Introduced, read first time, placed on calendar
                     without reference HJ-666
   03/04/81  House  Read second time HJ-1017
   03/05/81  House  Read third time and sent to Senate HJ-1037
   03/05/81  Senate Introduced and read first time SJ-8
   03/05/81  Senate Referred to Committee on Corrections and Penology SJ-8
   03/26/81  Senate Committee report: Favorable Corrections and
                     Penology SJ-8
   03/31/81  Senate Read second time SJ-16
   04/09/81  Senate Read third time and enrolled SJ-16
   04/21/81  Senate Recalled from Legislative Council SJ-14
   04/21/81  Senate Reconsidered SJ-14
   04/23/81  Senate Amended SJ-11
   04/23/81  Senate  Read third time SJ-11
   04/23/81  Senate Returned SJ-11
   04/28/81  House  Debate adjourned on amendments HJ-2086
   04/29/81  House  Concurred in Senate amendment and enrolled HJ-2122
   04/30/81  House  Ratified R 93 HJ-2173
   05/05/81         Signed By Governor
   05/05/81         Effective date 05/05/81
   05/05/81         Act No. 56
   05/15/81         Copies available

AN ACT TO AMEND SECTION 24-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO ALLOW THE DEPARTMENT OF CORRECTIONS TO PURCHASE PRISON GOODS FROM OTHER STATES FOR RESALE TO OTHER AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE; AND TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON MADE PRODUCTS ON THE OPEN MARKET, SO AS TO ALLOW THE DEPARTMENT OF CORRECTIONS TO PROVIDE FOR ADULT WORK ACTIVITY CENTERS THROUGH CONTRACT WITH PRIVATE SECTOR BUSINESS TO PROVIDE WORK FOR PHYSICALLY HANDICAPPED, MENTALLY RETARDED OR AGED INMATES.

Be it enacted by the General Assembly of the State of South Carolina:

Prison goods from other states

SECTION 1. Section 24-3-330 of the 1976 Code is amended to read:

"Section 24-3-330. All offices, departments, institutions and agencies of this State which are supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the State Board of Corrections, articles or products made or produced, by convict labor in this State or any other state, as provided for by this article, and no such article or product shall be purchased by any such office, department, institution or agency from any other source, unless excepted from the provisions of this section, as hereinafter provided. All purchases shall be made from the Department of Corrections, upon requisition by the proper authority of the office, department, institution, agency or political subdivision of this State requiring such articles or products."

Sale of prison-made products

SECTION 2. Section 24-3-410 of the 1976 Code, as last amended by Act 418 of 1980, is further amended to read:

"Section 24-3-410. It shall be unlawful to sell or offer for sale on the open market of this State any articles or products manufactured or produced wholly or in part by convicts or prisoners in this or any other state, except convicts or prisoners on parole or probation, and except the following agricultural products: Cattle, cotton, tobacco (Turkish), soybeans and wheat; provided, however, that this section shall not apply to products sold by the Department of Corrections which are made by inmates in the 'hobbycraft program'; provided, further, that the provisions of this section shall not apply to any prisoner-made articles or products sold to nonprofit corporations incorporated under the provisions of Article 1, Chapter 31, Title 33, or to organizations operating in this State which have been granted an exemption under Section 501(c) of the Internal Revenue Code of 1954; provided, further, that the provisions of this section shall not apply to prisoner-made road and street designation signs sold to private developers; and provided, further, that the provisions of this section shall not apply to any prisoner-made articles or products made in an adult work activity center established by the Department of Corrections through contract with private sector business which centers provide work and vocational training opportunities for the physically handicapped, mentally retarded, or aged inmates where the compensation is paid by the private sector business to the prisoner on a piece completed basis.

Any person violating the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than two hundred dollars, nor more than five thousand dollars, or by imprisonment in jail not less than three months nor more than one year, or by both such fine and imprisonment. Each such sale or offer for sale shall constitute a separate offense under this section. Proceeds of the sale of these raw agricultural products, when produced by an instrumentality under control of the State Board of Corrections, shall be applied as provided in Section 24-3-400."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.