23 LC 46 0534
S. B. 181
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Senate Bill 181
By: Senators Payne of the 54th, Kennedy of the 18th, Butler of the 55th, Dugan of the 30th
and Islam of the 7th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the
1
Georgia Technology Authority, so as to require such authority to conduct certain fingerprint2
criminal background checks of all current and prospective employees, contractors, and3
subcontractors with access to state or federal filed tax documents; to provide for legislative4
findings; to provide for definitions; to provide an effective date; to provide for related5
matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
The General Assembly finds that:9
(1) A recent audit conducted by the Internal Revenue Service determined that the10
Georgia Technology Authority has employees, contractors, and subcontractors that have11
access to tax documents but have not undergone the fingerprint criminal background12
check required in IRS Publication 1075; and13
(2) At present, the Georgia Technology Authority does not have the legal authority to14
require its employees, contractors, and subcontractors with access to tax documents to15
undergo a fingerprint criminal background check.16 23 LC 46 0534
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SECTION 2.
17
Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia18
Technology Authority, is amended by adding a new Code section to read as follows:19
"50-25-4.1.
20
(a) As used in this Code section, the term:21
(1) 'Tax document' means any return, declaration, report, claim for refund, assessment,22
demand, act, information return, statement, or other document relating to taxes, including23
any schedule or attachment thereto and including any amendment thereof, whether24
prepared by a taxpayer, a tax preparer, or a government or regulatory entity.25
(2) 'IT related proximity' means having access to IT systems that are not intended to26
provide direct access to tax documents but may inadvertently provide such access.27
(b) The authority shall have the power to conduct fingerprint criminal background checks28
of employees and applicants for employment who have or are reasonably anticipated to29
have access to or be in physical or IT related proximity of tax documents. Such checks30
may be conducted as frequently as the authority deems necessary but no less frequently31
than once every five years.32
(c) The authority shall have the power to conduct fingerprint criminal background checks33
of contractors and subcontractors and applicants for positions as contractors and34
subcontractors who have or are reasonably anticipated to have access to or be in physical35
or IT related proximity of tax documents. Such checks may be conducted as frequently36
as the authority deems necessary but no less frequently than once every ten years.37
(d) Beginning January 1, 2025, and every day thereafter, the authority shall have the power38
to conduct fingerprint criminal background checks of all current and prospective employees39
at the authority's discretion without regard to such person's access to tax documents or IT40
related proximity to such documents.41
(e) The authority shall submit the fingerprints described in this Code section to the Georgia42
Crime Information Center in such form and quality as required by such center. The results43 23 LC 46 0534
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produced by such center and provided to the authority shall not be subject to public44
disclosure in accord with Code Section 50-18-72 and other applicable law.45
(f) The authority shall maintain the documentation produced and provided by the Georgia46
Crime Information Center's investigation in accord with all relevant requirements under47
Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act,' and other applicable law.48
(g) Upon receipt of the fingerprints described herein from the authority, the Georgia Crime49
Information Center shall promptly transmit one set of fingerprints to the Federal Bureau50
of Investigation for a search of the bureau records, retain another set of fingerprints, and51
conduct a search of its own records and records to which it has access. The Georgia Crime52
Information Center shall notify the authority in writing of the results of its investigation.53
(h) At the discretion of the authority, fees required by the Georgia Crime Information54
Center or the Federal Bureau of Investigation for a fingerprint criminal background check55
shall be paid by the authority or by the individual seeking employment. The authority shall56
not pay such fees for contractor's and subcontractor's employees.57
(i) The authority may use the information obtained from an individual's fingerprint58
criminal background check for the purpose of verifying the identification of such person59
and to assist in evaluating the fitness of such person for initial or continued employment60
or, in the case of employees of contractors and subcontractors, only for the purpose of61
allowing or denying access to tax documents."62
SECTION 3.63
This Act shall become effective upon its approval by the Governor or upon its becoming law64
without such approval.65
SECTION 4.66
All laws and parts of laws in conflict with this Act are repealed.67