Georgia House of Representatives - 1995/1996 Sessions

HB 512 - AFDC; automated fingerprint matching system; provisions

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 49-4-118

1. Felton  43rd           2. Williams  63rd          3. Parsons  40th
4. Sanders  107th         5. Harris  17th            6. Johnson  97th


House Comm: C&Y        /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/31/95  Read 1st Time                                                                
              2/1/95   Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 512                                            LC 11 8491






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Article 5 of Chapter 4 of Title 49 of the Official
  1- 2  Code of Georgia Annotated, the "Aid to Dependent Children
  1- 3  Act," so as to provide for pilot projects using an automated
  1- 4  fingerprint matching identification system to detect
  1- 5  multiple and fraudulent application or receipt of assistance
  1- 6  under that Act; to provide for the use of such identifying
  1- 7  information and the confidentiality thereof; to provide for
  1- 8  penalties; to provide for requests for proposals and award
  1- 9  of contracts; to provide for notifications; to provide for
  1-10  sanctions, audits, and reports; to provide for waivers and
  1-11  effective dates; to repeal conflicting laws; and for other
  1-12  purposes.

  1-13       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-14  Article 5 of Chapter 4 of Title 49 of the Official Code of
  1-15  Georgia Annotated, the "Aid to Dependent Children Act," is
  1-16  amended by adding at the end a new Code section to read as
  1-17  follows:

  1-18    "49-4-118. (Index)

  1-19    (a) The department shall establish a pilot program for
  1-20    preventing multiple enrollment of recipients of assistance
  1-21    through the use of an automated two-digit fingerprint
  1-22    matching identification system.  The system shall only
  1-23    include fingerprinting of recipients of assistance upon
  1-24    application for eligibility for such assistance and
  1-25    fingerprinting of current recipients of assistance.

  1-26    (b) Data collected and maintained through the use of an
  1-27    automated fingerprint matching identification system as
  1-28    authorized by this Code section may not be used,
  1-29    disclosed, or redisclosed for any purpose other than the
  1-30    prevention of multiple enrollment for assistance; may not
  1-31    be used or admitted in any criminal or civil
  1-32    investigation, prosecution, or proceeding, other than a
  1-33    civil proceeding for fraudulent receipt of such


                                 -1- (Index)

                                                  LC 11 8491

  2- 1    assistance; and may not be disclosed in response to a
  2- 2    subpoena or other compulsory legal process or warrant, or
  2- 3    upon request or order of any agency, authority, division,
  2- 4    office, or other private or public entity or person,
  2- 5    except that nothing contained in this subsection shall
  2- 6    prohibit disclosure in response to a subpoena issued by or
  2- 7    on behalf of the applicant or recipient who is the subject
  2- 8    of the record maintained as a part of such system.  Any
  2- 9    person who knowingly makes or obtains any unauthorized
  2-10    disclosure of data collected and maintained through the
  2-11    use of an automated two-digit fingerprint matching
  2-12    identification system shall be guilty of a misdemeanor.

  2-13    (c) The department shall develop a competitive request for
  2-14    proposal for an automated two-digit fingerprint matching
  2-15    identification system and shall thereafter contract for
  2-16    the services of a firm able to design and implement such
  2-17    automated two-digit fingerprint matching identification
  2-18    system.  Prior to the award of any contracts, the
  2-19    department shall certify that the design of the pilot
  2-20    project fulfills all the requirements of this Code
  2-21    section.  After awarding a contract, the department shall
  2-22    be responsible for ensuring that the pilot projects are
  2-23    carried out in accordance with the requirements of this
  2-24    Code section, that adequate training for local department
  2-25    of family and children services staff involved with the
  2-26    project will be provided, and taking any actions necessary
  2-27    to bring such pilot projects into compliance if required.
  2-28    Such contractual arrangement shall ensure that state
  2-29    payments for the contractor's necessary and legitimate
  2-30    expenses for the administration of such project are
  2-31    limited to amounts specified in advance and that such
  2-32    amounts shall not exceed the amount appropriated therefor
  2-33    in any fiscal year.

  2-34    (d) Immediate notice of all the provisions of this Code
  2-35    section shall be provided to recipients of or applicants
  2-36    for assistance in counties included in the pilot project
  2-37    under this Code section.

  2-38    (e) Notwithstanding any other provision of law, nothing
  2-39    contained in this Code section shall be deemed to
  2-40    authorize or permit the termination, suspension, or
  2-41    diminution of assistance except where the basis of a
  2-42    proposed sanction is a determination of a fraudulent
  2-43    multiple enrollment based on the use of an automated
  2-44    fingerprint identification system authorized pursuant to



                                 -2- (Index)

                                                  LC 11 8491

  3- 1    this Code section.  No such sanction shall be imposed
  3- 2    pending a hearing within 45 days of the notification of
  3- 3    the applicant or recipient of the alleged fraudulent
  3- 4    multiple enrollment and no such sanction shall be imposed
  3- 5    unless the local department of family and children
  3- 6    services has verified the results of the automated
  3- 7    fingerprint identification system by means of a manual
  3- 8    match conducted by a person who is qualified to perform
  3- 9    fingerprint identifications.

  3-10    (f) The department shall conduct periodic audits to
  3-11    monitor compliance with all laws and regulations regarding
  3-12    the automated fingerprint matching system to ensure that:

  3-13      (1) Any records maintained as part of such system are
  3-14      accurate and complete;

  3-15      (2) No illegal disclosures of such records have taken
  3-16      place;

  3-17      (3) Effective software and hardware designs have been
  3-18      instituted with security features to prevent
  3-19      unauthorized access to such records;

  3-20      (4) Access to record information system facilities,
  3-21      systems operating environments, and data file contents,
  3-22      whether while in use or when stored in a media library,
  3-23      is restricted to authorized personnel only;

  3-24      (5) Operation programs are used that will prohibit
  3-25      inquiry and record updates or destruction of records
  3-26      from any terminal other than automated fingerprint
  3-27      matching system terminals which are so designated;

  3-28      (6) Operational programs are used to detect and store
  3-29      for the output of designated department employees all
  3-30      unauthorized attempts to penetrate any automated
  3-31      fingerprint matching system, program, or file;

  3-32      (7) Adequate and timely procedures exist to ensure the
  3-33      recipient or applicant's right to access and review of
  3-34      records for the purpose of determining accuracy and
  3-35      completeness, including procedures for review of
  3-36      information maintained about such individuals; and

  3-37      (8) Files are available for administrative review,
  3-38      including procedures for administrative appeal, and for
  3-39      necessary correction of any claim by the individual to
  3-40      whom the information relates if it is discovered that
  3-41      the information is inaccurate or incomplete.



                                 -3- (Index)

                                                  LC 11 8491

  4- 1    (g) The department shall report to the General Assembly on
  4- 2    the operation of the pilot project by February 1, 1996,
  4- 3    and every second year thereafter.  This report shall
  4- 4    include analysis of the cost effectiveness of such project
  4- 5    and shall include information concerning instances of
  4- 6    multiple eligibility detected through use of this system
  4- 7    and shall include a detailed summary of the results of
  4- 8    audits required by subsection (f) of this Code section.
  4- 9    The report shall include recommendations regarding whether
  4-10    the project should be discontinued, expanded, or otherwise
  4-11    modified."

                         SECTION 2.

  4-12  No later than July 1, 1995, the Department of Human
  4-13  Resources shall request from the appropriate federal
  4-14  agencies any waivers necessary to implement Section 1 of
  4-15  this Act.

                         SECTION 3.

  4-16  Section 1 of this Act shall become effective only if the
  4-17  waivers required under Section 2 of this Act are obtained
  4-18  and in that event shall become effective upon the ninetieth
  4-19  day following receipt of such waivers.  The remainder of
  4-20  this Act shall become effective upon its approval by the
  4-21  Governor or upon its becoming law without such approval.

                         SECTION 4.

  4-22  All laws and parts of laws in conflict with this Act are
  4-23  repealed.



















                                 -4- (Index)