S 0649 General Bill, By Giese

Similar(S 284, S 616)
 A Bill to amend Section 24-3-330, as amended, Code of Laws of South Carolina,
 1976, relating to prison industries and the purchase of products produced by
 convict labor by state agencies and political subdivisions, so as to, among
 other things, delete certain provisions and permit, rather than require, all
 offices, departments, institutions, and agencies of this State to purchase
 from the State Department of Corrections articles or products made or produced
 by convict labor in this State or another state; and to amend Section
 24-3-360, as amended, relating to prison industries and the annual preparation
 of catalogues describing articles produced by convict labor, so as to provide
 that at least thirty days before the beginning of each fiscal year, the proper
 official of each state office, department, institution, or agency may, rather
 than "shall", report to the Department of Corrections estimates for the fiscal
 year of the kind and amount of articles and products reasonable required for
 the ensuing year, and delete the provision whereby the Department of
 Corrections can require the state agencies to make the report of these
 estimates.

   03/21/95  Senate Introduced and read first time SJ-12
   03/21/95  Senate Referred to Committee on Corrections and Penology SJ-12

A BILL

TO AMEND SECTION 24-3-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISON INDUSTRIES AND THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY STATE AGENCIES AND POLITICAL SUBDIVISIONS, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PERMIT, RATHER THAN REQUIRE, ALL OFFICES, DEPARTMENTS, INSTITUTIONS, AND AGENCIES OF THIS STATE TO PURCHASE FROM THE STATE DEPARTMENT OF CORRECTIONS ARTICLES OR PRODUCTS MADE OR PRODUCED BY CONVICT LABOR IN THIS STATE OR ANOTHER STATE; AND TO AMEND SECTION 24-3-360, AS AMENDED, RELATING TO PRISON INDUSTRIES AND THE ANNUAL PREPARATION OF CATALOGUES DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR, SO AS TO PROVIDE THAT AT LEAST THIRTY DAYS BEFORE THE BEGINNING OF EACH FISCAL YEAR, THE PROPER OFFICIAL OF EACH STATE OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY MAY, RATHER THAN "SHALL", REPORT TO THE DEPARTMENT OF CORRECTIONS ESTIMATES FOR THE FISCAL YEAR OF THE KIND AND AMOUNT OF ARTICLES AND PRODUCTS REASONABLY REQUIRED FOR THE ENSUING YEAR, AND DELETE THE PROVISION WHEREBY THE DEPARTMENT OF CORRECTIONS CAN REQUIRE THE STATE AGENCIES TO MAKE THE REPORT OF THESE ESTIMATES.

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

SECTION 1. Section 24-3-330 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"Section 24-3-330. (A) All offices, departments, institutions, and agencies of this State supported in whole or in part by this State shall may purchase, and all political subdivisions of this State may purchase, from the State Department of Corrections, articles or products made or produced by convict labor in this State or another state as provided for by this article. These articles and products must not be purchased by an office, a department, an institution, or an agency from another source, unless excepted from the provisions of this section, as provided by law. All Any purchases which are made hereunder must 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 the articles or products.

(B) The Materials Management Office of the Division of General Services shall monitor the cooperation of state offices, departments, institutions, and agencies in the procurement of goods, products, and services from the Division of Prison Industries of the Department of Corrections."

SECTION 2. Section 24-3-360 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"Section 24-3-360. The State Department of Corrections shall cause to be prepared, annually, at times it may determine, catalogues containing the description of all articles and products manufactured or produced under its supervision pursuant to the provisions of this article. Copies of this catalogue must be sent by it to all offices, departments, institutions, and agencies of this State and made accessible to all political subdivisions of this State referred to in Sections 24-3-310 to 24-3-330. At least thirty days before the beginning of each fiscal year, the proper official of each office, department, institution, or agency, when required by the Department of Corrections, shall may report to the department Department of Corrections estimates for the fiscal year of the kind and amount of articles and products reasonably required for the ensuing year, referring in the estimates to the catalogue issued by the department insofar as articles and products indicated are included in this catalogue. However, nothing in this chapter prohibits a state office, department, institution, or agency or the political subdivisions of this State from contacting and requesting the Department of Corrections to manufacture or produce articles or products similar, but not identical, to articles or products listed in the catalogue."

SECTION 3. This act takes effect upon approval by the Governor.