2023 CODE OF GEORGIA › Title 50 - STATE GOVERNMENT (§§ 50-1-1 — 50-40-84) › Chapter 25 - GEORGIANET AUTHORITY (§§ 50-25-1 — 50-25-16) › Section 50-25-4.1 - Fingerprint criminal background checks for employees with access to state filings; storage; fees; use

(a)
As used in this Code section, the term:
(1)
"IT related proximity" means having access to IT systems that are not intended to provide direct access to tax documents but may inadvertently provide such access.
(2)
"Tax document" means any return, declaration, report, claim for refund, assessment, demand, act, information return, statement, or other document relating to taxes, including any schedule or attachment thereto and including any amendment thereof, whether prepared by a taxpayer, a tax preparer, or a government or regulatory entity.
(b)
The authority shall have the power to conduct fingerprint criminal background checks of employees and applicants for employment who have or are reasonably anticipated to have access to or be in physical or IT related proximity of tax documents. Such checks may be conducted as frequently as the authority deems necessary but no less frequently than once every five years.
(c)
The authority shall have the power to conduct fingerprint criminal background checks of contractors and subcontractors and applicants for positions as contractors and subcontractors who have or are reasonably anticipated to have access to or be in physical or IT related proximity of tax documents. Such checks may be conducted as frequently as the authority deems necessary but no less frequently than once every ten years.
(d)
Beginning January 1, 2025, and every day thereafter, the authority shall have the power to conduct fingerprint criminal background checks of all current and prospective employees at the authority's discretion without regard to such person's access to tax documents or IT related proximity to such documents.
(e)
The authority shall submit the fingerprints described in this Code section to the Georgia Crime Information Center in such form and quality as required by such center. The results produced by such center and provided to the authority shall not be subject to public disclosure in accord with Code Section
50-18-72
and other applicable law.
(f)
The authority shall maintain the documentation produced and provided by the Georgia Crime Information Center's investigation in accord with all relevant requirements under Article 5 of Chapter 18 of Title 50, the "Georgia Records Act," and other applicable law.
(g)
Upon receipt of the fingerprints described herein from the authority, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of the bureau records, retain another set of fingerprints, and conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the authority in writing of the results of its investigation.
(h)
At the discretion of the authority, fees required by the Georgia Crime Information Center or the Federal Bureau of Investigation for a fingerprint criminal background check shall be paid by the authority or by the individual seeking employment. The authority shall not pay such fees for contractor's and subcontractor's employees.
(i)
The authority may use the information obtained from an individual's fingerprint criminal background check for the purpose of verifying the identification of such person and to assist in evaluating the fitness of such person for initial or continued employment or, in the case of employees of contractors and subcontractors, only for the purpose of allowing or denying access to tax documents.
Added by 2023 Ga. Laws 87,§ 2, eff. 5/1/2023.