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COMMITTEE AMENDMENT ADOPTED AND AMENDED
June 3, 2003
H. 3531
S. Printed 6/3/03--S. [SEC 6/5/03 4:11 PM]
Read the first time April 24, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-290. The Director of the Department of Corrections may enter into contracts with private sector entities that allow for inmate labor to be provided for prison industry service work and export work that involves exportation of products. The use of this inmate labor may not result in the displacement of employed workers within the local region in which the work is being performed. Service work is defined as any work such as repair or replacement of original manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original manufacturing. Export work is defined as any work which results in a product that is exported for sale outside the United States which is not involved in interstate commerce. The department may negotiate the wage to be paid for inmate labor provided under prison industry service work contracts, and these wages may be less than the prevailing wage for work of a similar nature in the private sector. However, the Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates engaged in prison industry service work in addition to any other required deductions:
(1) if restitution to a particular victim or victims has been ordered by a court of appropriate jurisdiction, then twenty percent must be used to fulfill the restitution obligation;
(2) if restitution to a particular victim or victims has not been ordered by a court of appropriate jurisdiction, or if court-ordered restitution to a particular victim or victims has been satisfied, then twenty percent must be applied to the South Carolina Victim's Compensation Fund;
(3) ten percent must be retained by the Department of Corrections to defray the cost of the inmate's room and board."
SECTION 2. Chapter 1, Title 24 of the 1976 Code is amended by adding:
"Section 24-1-285. The Department of Corrections, in conjunction with the Materials Management Office of the Budget and Control Board, shall develop and maintain a marketing plan to attract private sector businesses for the employment of inmates through the prison industries program. The negotiation of new contracts and renewal of existing contracts with private sector entities must be consummated in accordance with procedures established jointly by the Materials Management Office of the Budget and Control Board and the Department of Corrections. Regulations must be promulgated to ensure equity and fairness in the recruiting of businesses whenever the wage to be paid is less than the federally established minimum wage."
SECTION 3. Chapter 13, Title 24 of the 1976 Code is amended to read:
"Section 24-13-225. Prisoners working in prison industry programs shall be given the maximum earned work credits allowed by law for such work."
SECTION 4. Section 9-1-1790(A) of the 1976 Code, as last amended by Act 25 of 2001, is further amended to read:
"(A) A retired member of the system who has been retired for at least sixty fifteen consecutive calendar days may return to employment covered by the system and earn up to fifty thousand dollars a fiscal year without affecting the monthly retirement allowance he is receiving from the system. If the retired member continues in service after having earned fifty thousand dollars in a fiscal year, his retirement allowance must be discontinued during his period of service in the remainder of the fiscal year. If the employment continues for at least forty-eight consecutive months, the provisions of Section 9-1-1590 apply. If a retired member of the system returns to employment covered by the system sooner than sixty fifteen consecutive calendar days after retirement, the member's retirement allowance is suspended while the member remains employed by the participating employer. If an employer fails to notify the system of the engagement of a retired member to perform services, the employer shall reimburse the system for all benefits wrongly paid to the retired member."
SECTION 5. This act takes effect upon approval by the Governor.
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