06 LC
35 0121
House
Bill 1318
By:
Representative Barnard of the
166th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 42 of the Official Code of Georgia Annotated, relating
to the Board and Department of Corrections, so as to provide authority to place
vending machines on the premises of department facilities for the benefit of
employees; to provide for employee benefit funds; to change certain provisions
relating to the Board and Department of Corrections; to provide definitions; to
provide a statement of legislative intent; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 42 of the Official Code of Georgia Annotated, relating to the Board
and Department of Corrections, is amended by adding a new Code section
immediately following Code Section 42-2-14 to read as follows:
"42-2-15.
(a)
As used in this Code section, the term:
(1)
'Employee' means a full-time or part-time employee of the department or an
employee serving under contract with the department.
(2)
'Employee benefit fund' means an account containing the profits generated from
vending services maintained by a local facility.
(3)
'Executive director of the facility' means the warden, superintendent, chief
probation official, or such other head of a facility.
(4)
'Facility' means a prison, institution, detention center, diversion center,
probation office, or such other similar property under the jurisdiction or
operation of the department.
(5)
'Vending services' means one or more vending machines in a location easily
accessible by employees, which services may also be accessible by members of the
general public, but which vending machines do not require a manager or attendant
for the purpose of purchasing food or drink items. Vending services shall also
mean the provision of snack or food items or nonalcoholic beverages and shall
not include any tobacco products or alcoholic beverages.
(b)
It is the intent of the General Assembly to provide an employee benefit as set
forth in this Code section which benefit shall be of de minimis cost to the
state and which shall in turn benefit the state through the retention of
dedicated and experienced employees.
(c)
Any other provision of the law notwithstanding, the department is authorized to
enter into vending service agreements by sublease or license for the purpose of
providing vending services to each facility under the jurisdiction of the
department. Vending services shall be provided in any facility where the
operation of such vending services is capable of generating a profit. The
profits generated from the vending services shall be maintained by the local
facility under the authority of the executive director of the facility in an
interest-bearing account and the account shall be designated the 'employee
benefit fund.'
(d)
The fund shall be administered by a committee of five representatives of the
facility to be selected by the executive director of the facility. Funds from
the account may be spent as determined by a majority vote of the committee.
Funds may be provided to an individual employee of the facility for the purpose
of recognizing a death, birth, marriage, or prolonged illness or to provide
assistance in the event of a natural disaster or devastation adversely affecting
an employee or an
employeés
immediate family member. Funds may also be expended on an item or activity
which shall benefit all employees of the facility equally for the purposes of
developing camaraderie or otherwise fostering loyalty to the department or
bringing together the employees of the facility for a meeting, training session,
or similar gathering. Funds spent for an individual employee shall not exceed
$250.00 per person per event and funds expended for employee gatherings or items
shall not exceed $1,000.00 per event or single item.
(e)
The employee benefit fund account of each facility shall be reviewed and audited
by the administrative office of the local facility and by the department in
accordance with standards and procedures established by the department. No
account shall maintain funds in excess of $5,000.00. Any funds collected which
cause the fund balance to exceed $5,000.00 shall be remitted to the
department́s
general operating
budget."
SECTION
2.
This
Act shall become effective on July 1, 2006.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.