07 LC
35 0406
House
Bill 313
By:
Representative Barnard of the
166th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 6 of Chapter 5 of Title 42 of the Official Code of Georgia
Annotated, relating to voluntary inmate labor programs, so as to clarify that
the Georgia Correctional Industries Administration has authority to administer
and manage certain inmate work programs and to publicize and invite employers to
participate in such inmate work programs; to amend Code Section 42-10-4 of the
Official Code of Georgia Annotated, relating to the powers of the Georgia
Correctional Industries Administration, so as to clarify that the administration
has authority to administer, manage, and publicize certain inmate work programs;
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.
Article
6 of Chapter 5 of Title 42 of the Official Code of Georgia Annotated, relating
to voluntary inmate labor programs, is amended by revising subsection (a) of
Code Section 42-5-120, relating to rules and regulations of the Board of
Corrections, as follows:
"(a)
The board is authorized to issue and promulgate rules and regulations for
programs of voluntary labor by inmates for privately owned profit-making
employers to produce goods, services, or goods and services for sale to public
and private purchasers. Such rules and regulations shall be designed to meet the
published requirements of the Prison Industry Enhancement Certification Program
authorized by 18 U.S.C. Section 1761 and federal regulations and to provide
other appropriate conditions and limitations. Such rules and regulations may
provide for administration and management of such work programs by the
department and
the Georgia Correctional Industries
Administration."
SECTION
2.
Said
article is further amended by revising Code Section 42-5-124, relating to
publicizing and inviting participation in voluntary inmate labor programs, as
follows:
"42-5-124.
Following
the issuance and promulgation of rules and regulations, the department
is
and the
Georgia Correctional Industries Administration
are authorized to publicize the program
and invite employers to participate. The department shall rely upon the Georgia
Department of Labor for determining whether inmates would be displacing other
workers, whether labor shortages exist, and the prevailing local wage for work
to be done by inmates. The Georgia Department of Labor is authorized to provide
such determinations to the department."
SECTION
3.
Code
Section 42-10-4 of the Official Code of Georgia Annotated, relating to the
powers of the Georgia Correctional Industries Administration, is amended by
replacing "; and" with ";" at the end of paragraph (11), by replacing "." with
"; and" at the end of paragraph (12), and by adding a new paragraph as
follows:
"(13)
As provided for in Article 6 of Chapter 5 of Title 42 and as directed by the
rules and regulations promulgated by the board, to administer and manage
volunteer inmate work programs and to publicize and invite employers to
participate in such programs."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.