H*3178(Rat #0047, Act #0019 of 1991)  General Bill, By C.D. Chamblee and Cooper
 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 exceptions.

   01/09/91  House  Introduced and read first time HJ-9
   01/09/91  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-9
   02/13/91  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-3
   02/14/91  House  Amended HJ-12
   02/14/91  House  Read second time HJ-13
   02/14/91  House  Unanimous consent for third reading on next
                     legislative day HJ-29
   02/15/91  House  Read third time and sent to Senate HJ-1
   02/19/91  Senate Introduced and read first time SJ-10
   02/19/91  Senate Referred to Committee on Corrections and Penology SJ-10
   03/05/91  Senate Committee report: Favorable with amendment
                     Corrections and Penology SJ-8
   03/12/91  Senate Amended SJ-26
   03/13/91  Senate Read second time SJ-12
   03/13/91  Senate Ordered to third reading with notice of
                     amendments SJ-12
   03/14/91  Senate Read third time and returned to House with
                     amendments SJ-9
   03/20/91  House  Concurred in Senate amendment and enrolled HJ-33
   04/03/91         Ratified R 47
   04/04/91         Signed By Governor
   04/04/91         Effective date 04/04/91
   04/04/91         Act No. 19
   04/15/91         Copies available

AN ACT 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 EXCEPTIONS.

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

Exceptions to the prohibition on the sale of products manufactured or produced by inmates

SECTION 1. Section 24-3-410 of the 1976 Code is amended to read:

"Section 24-3-410. (A) It is unlawful to sell or offer for sale on the open market of this State articles or products manufactured or produced wholly or in part by inmates in this or another state.

(B) The provisions of this section do not apply to:

(1) articles manufactured or produced by persons on parole or probation;

(2) the production of cattle, cotton, Turkish tobacco, soybeans, and wheat;

(3) products sold by the Department of Corrections made by inmates in the hobbycraft program;

(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 1986;

(5) road and street designation signs sold to private developers;

(6) articles or products made in an adult work activity center established by the Department of Corrections through contracts with private sector businesses which 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 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. The Department of Labor shall develop guidelines to determine if the work displaces employed workers.

(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five thousand dollars or imprisoned for not less than three months nor more than one year, or both. Each sale or offer for sale is a separate offense under this section. Proceeds of the sale of agricultural products, when produced by an instrumentality under control of the State Board of Corrections, must be applied as provided in Section 24-1-250."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 4th day of April, 1991.