Bill 3178

                    Current Status

Introducing Body:               House
Bill Number:                    3178
Ratification Number:            47
Act Number:                     19
Primary Sponsor:                Chamblee
Type of Legislation:            GB
Subject:                        Prison made products
Date Bill Passed both Bodies:   Mar 20, 1991
Computer Document Number:       NO5/8008.BD
Governor's Action:              S
Date of Governor's Action:      Apr 04, 1991
Introduced Date:                Jan 09, 1991
Date of Last Amendment:         Mar 12, 1991
Last History Body:              ------
Last History Date:              Apr 04, 1991
Last History Type:              Act No. 19
Scope of Legislation:           Statewide
All Sponsors:                   Chamblee
                                Cooper
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3178  ------  Apr 04, 1991  Act No. 19
 3178  ------  Apr 04, 1991  Signed by Governor
 3178  ------  Apr 03, 1991  Ratified R 47
 3178  House   Mar 20, 1991  Concurred in Senate
                             amendment, enrolled for
                             ratification
 3178  Senate  Mar 14, 1991  Read third time, returned
                             with amendment
 3178  Senate  Mar 13, 1991  Read second time, notice of
                             general amendments
 3178  Senate  Mar 12, 1991  Amended
 3178  Senate  Mar 05, 1991  Committee Report: Favorable     03
                             with amendment
 3178  Senate  Feb 19, 1991  Introduced, read first time,    03
                             referred to Committee
 3178  House   Feb 15, 1991  Read third time, sent to
                             Senate
 3178  House   Feb 14, 1991  Unanimous consent for third
                             reading on next Legislative
                             day
 3178  House   Feb 14, 1991  Amended, read second time
 3178  House   Feb 13, 1991  Committee Report: Favorable     27
                             with amendment
 3178  House   Jan 09, 1991  Introduced and read first       27
                             time, referred to Committee

(A19, R47, H3178)

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.