Georgia 2023-2024 Regular Session

Georgia Senate Bill SB181 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		23 LC 46 0534
2	2		S. B. 181
3	3		- 1 -
4	4		Senate Bill 181
5	5		By: Senators Payne of the 54th, Kennedy of the 18th, Butler of the 55th, Dugan of the 30th
6	6		and Islam of the 7th
7		-	AS PASSED
	7	+	AS PASSED SENATE
8	8		A BILL TO BE ENTITLED
9	9		AN ACT
10	10		To amend Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the
11	11		1
12	12		Georgia Technology Authority, so as to require such authority to conduct certain fingerprint2
13	13		criminal background checks of all current and prospective employees, contractors, and3
14	14		subcontractors with access to state or federal filed tax documents; to provide for legislative4
15	15		findings; to provide for definitions; to provide an effective date; to provide for related5
16	16		matters; to repeal conflicting laws; and for other purposes.6
17	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
18	18		SECTION 1.8
19	19		The General Assembly finds that:9
20	20		(1) A recent audit conducted by the Internal Revenue Service determined that the10
21	21		Georgia Technology Authority has employees, contractors, and subcontractors that have11
22	22		access to tax documents but have not undergone the fingerprint criminal background12
23	23		check required in IRS Publication 1075; and13
24	24		(2) At present, the Georgia Technology Authority does not have the legal authority to14
25	25		require its employees, contractors, and subcontractors with access to tax documents to15
26	26		undergo a fingerprint criminal background check.16 23 LC 46 0534
27	27		S. B. 181
28	28		- 2 -
29	29		SECTION 2.
30	30		17
31	31		Chapter 25 of Title 50 of the Official Code of Georgia Annotated, relating to the Georgia18
32	32		Technology Authority, is amended by adding a new Code section to read as follows:19
33	33		"50-25-4.1.
34	34		20
35	35		(a) As used in this Code section, the term:21
36	36		(1) 'Tax document' means any return, declaration, report, claim for refund, assessment,22
37	37		demand, act, information return, statement, or other document relating to taxes, including23
38	38		any schedule or attachment thereto and including any amendment thereof, whether24
39	39		prepared by a taxpayer, a tax preparer, or a government or regulatory entity.25
40	40		(2) 'IT related proximity' means having access to IT systems that are not intended to26
41	41		provide direct access to tax documents but may inadvertently provide such access.27
42	42		(b) The authority shall have the power to conduct fingerprint criminal background checks28
43	43		of employees and applicants for employment who have or are reasonably anticipated to29
44	44		have access to or be in physical or IT related proximity of tax documents. Such checks30
45	45		may be conducted as frequently as the authority deems necessary but no less frequently31
46	46		than once every five years.32
47	47		(c) The authority shall have the power to conduct fingerprint criminal background checks33
48	48		of contractors and subcontractors and applicants for positions as contractors and34
49	49		subcontractors who have or are reasonably anticipated to have access to or be in physical35
50	50		or IT related proximity of tax documents. Such checks may be conducted as frequently36
51	51		as the authority deems necessary but no less frequently than once every ten years.37
52	52		(d) Beginning January 1, 2025, and every day thereafter, the authority shall have the power38
53	53		to conduct fingerprint criminal background checks of all current and prospective employees39
54	54		at the authority's discretion without regard to such person's access to tax documents or IT40
55	55		related proximity to such documents.41
56	56		(e) The authority shall submit the fingerprints described in this Code section to the Georgia42
57	57		Crime Information Center in such form and quality as required by such center. The results43 23 LC 46 0534
58	58		S. B. 181
59	59		- 3 -
60	60		produced by such center and provided to the authority shall not be subject to public44
61	61		disclosure in accord with Code Section 50-18-72 and other applicable law.45
62	62		(f) The authority shall maintain the documentation produced and provided by the Georgia46
63	63		Crime Information Center's investigation in accord with all relevant requirements under47
64	64		Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act,' and other applicable law.48
65	65		(g) Upon receipt of the fingerprints described herein from the authority, the Georgia Crime49
66	66		Information Center shall promptly transmit one set of fingerprints to the Federal Bureau50
67	67		of Investigation for a search of the bureau records, retain another set of fingerprints, and51
68	68		conduct a search of its own records and records to which it has access. The Georgia Crime52
69	69		Information Center shall notify the authority in writing of the results of its investigation.53
70	70		(h) At the discretion of the authority, fees required by the Georgia Crime Information54
71	71		Center or the Federal Bureau of Investigation for a fingerprint criminal background check55
72	72		shall be paid by the authority or by the individual seeking employment. The authority shall56
73	73		not pay such fees for contractor's and subcontractor's employees.57
74	74		(i) The authority may use the information obtained from an individual's fingerprint58
75	75		criminal background check for the purpose of verifying the identification of such person59
76	76		and to assist in evaluating the fitness of such person for initial or continued employment60
77	77		or, in the case of employees of contractors and subcontractors, only for the purpose of61
78	78		allowing or denying access to tax documents."62
79	79		SECTION 3.63
80	80		This Act shall become effective upon its approval by the Governor or upon its becoming law64
81	81		without such approval.65
82	82		SECTION 4.66
83	83		All laws and parts of laws in conflict with this Act are repealed.67