H 3174 Session 109 (1991-1992)
H 3174 General Bill, By Harvin
A Bill to amend Section 24-3-410, Code of Laws of South Carolina, 1976,
relating to the prohibition on the sale of products manufactured or produced
by inmates and exceptions, so as to provide for additional exception.
01/09/91 House Introduced and read first time HJ-7
01/09/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-7
01/22/91 House Tabled in committee
A BILL
TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE
SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY
INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR
ADDITIONAL EXCEPTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-3-410 of the 1976 Code is amended to read:
"Section 24-3-410. (A) It shall be
is 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 inmates in this or
any other another state, except convicts or
prisoners.
(B) The provisions of this section do not apply to:
(1) articles manufactured or produced by
persons on parole or probation, and except the following
agricultural products: Cattle;
(2) the production of cattle, cotton,
Turkish tobacco (Turkish), soybeans, and
wheat; provided, however, that this section shall not apply to
(3) 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
(4) articles or products sold to nonprofit corporations
incorporated under the provisions of Article 1, Chapter 31,
of 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 1986; provided, further that
the provisions of this section shall not apply to prisoner-made
(5) 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
(6) articles or products made in an adult work activity
center established by the Department of Corrections through
contract contracts with private sector business
businesses 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 inmate on a piece completed
basis.;
(7) products sold intrastate or interstate produced
by inmates of the Department of Corrections employed in a federally
certified private sector/prison industries program if the inmate workers
participate voluntarily, receive comparable wages, and the work does not
displace employed workers. For purposes of this item, 'products' does
not include goods and Standard Industrial Classification Code 27.
(C) Any A person violating the provisions
of this section shall be deemed is guilty of a
misdemeanor and, upon conviction, shall must be
punished by a fine of fined not less than two hundred
dollars, nor more than five thousand dollars, or by
imprisonment in jail imprisoned for not less than three
months nor more than one year, or both. Each such sale or offer
for sale shall constitute is a separate offense under this
section. Proceeds of the sale of all agricultural products, when
produced by an instrumentality under control of the State Board of
Corrections, shall must be applied as provided in
Section 24-1-250."
SECTION 2. This act takes effect upon approval by the Governor.
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