ENGROSSED SENATE
BILL NO. 488	By:	Paddack, Ivester and Johnson (Constance) of the Senate

			and

		Cockroft of the House

[ prisoners - Inmate Farm Worker Act - Department of Corrections - minimum standards - exception - codification - effective date ]

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 230 of Title 57, unless there is created a duplication in numbering, reads as follows:
This act shall be known and may be cited as the "Inmate Farm Worker Act".
SECTION 2.     NEW LAW     A new section of law to be codified in the Oklahoma Statutes as Section 230.1 of Title 57, unless there is created a duplication in numbering, reads as follows:
A.  The Department of Corrections is authorized to develop an inmate farm worker program that provides inmate labor to Oklahoma farms and ranches for purposes of performing farm-related labor.  The Department shall develop a program that at a minimum provides:
1.  Qualifications for inmates to participate in the program;
2.  Wages;
3.  Qualifications of participant farms and ranches; and
4.  Any other provisions the Department deems necessary.
B.  The inmate farm worker program shall be exempt from any provisions of law prohibiting the use of inmate labor for the benefit of private persons.
SECTION 3.     AMENDATORY     57 O.S. 2011, Section 222, as amended by Section 1, Chapter 219, O.S.L. 2012 (57 O.S. Supp. 2012, Section 222), is amended to read as follows:
Section 222.  A.  It shall be unlawful to use prisoners assigned to said the public works project on any property other than public property, except that inmate labor may be used on private property for a public purpose.
B.  As used in this section "public purpose" means a purpose affecting the inhabitants of the state or political subdivision utilizing the inmate labor, as a group, and not merely as individuals.  The work performed shall be essentially public and for the general good of the inhabitants of the state or political subdivision, and may include eradication of graffiti on private buildings, farm labor or harvesting Eastern Red Cedar trees.  For purposes of this section:
1.  "Graffiti" shall include but not be limited to any inscription, slogan or drawing, crudely scratched, drawn, printed, painted or scribbled on a wall or other surface visible to the public and which is likely to endanger the health or safety of the public.  Provided, however, that this definition shall never be construed to include any sign or advertising device lawfully erected or installed by the owner of property, lessee or authorized agent; and
2.  "Owner" means the owner of record as shown by the most current tax rolls of the county treasurer.
C.  The purpose of the work performed shall be to aid the federal government, a state agency or a political subdivision, utilizing the inmate labor in the exercise of a governmental function.  Any person convicted of willfully violating the provisions of this section shall be guilty of a felony.
SECTION 4.  This act shall become effective November 1, 2013.
Passed the Senate the 12th day of March, 2013.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2013.

	
	Presiding Officer of the House
	of Representatives