07 LC 36
0553
House
Bill 517
By:
Representatives Tumlin of the
38th,
Shaw of the
176th,
Freeman of the
140th,
Jerguson of the
22nd,
and Williams of the
4th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating
to lottery for education, so as to permit the Georgia Lottery Corporation to
obtain national criminal history background data on any applicant for employment
and on any vendors and retailers; to provide for definitions; to provide for the
establishment of a method of obtaining criminal history background checks; to
provide for rules and regulations; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
27 of Title 50 of the Official Code of Georgia Annotated, relating to lottery
for education, is amended by revising Code Section 50-27-12, relating to
employees, compensation, restrictions, background investigations, and bonding,
as follows:
"50-27-12.
(a)
The corporation shall establish and maintain a personnel program for its
employees and fix the compensation and terms of compensation of its employees,
including, but not limited to, production incentive payments.
(b)
No employee of the corporation shall have a financial interest in any vendor
doing business or proposing to do business with the corporation.
(c)
No employee of the corporation with decision-making authority shall participate
in any decision involving a retailer with whom the employee has a financial
interest.
(d)
No employee of the corporation who leaves the employment of the corporation may
represent any vendor or lottery retailer before the corporation for a period of
two years following termination of employment with the corporation.
(e)
A
background
Background
investigation shall be conducted on each
applicant, as
such term is defined in Code Section
50-27-12.1,
who has
reached the final selection process prior
to employment by the corporation
at the
level of division director and above and at any level within any division of
security and as otherwise required by the
board. The corporation shall be
authorized to pay for the actual cost of such investigations
which shall be
conducted pursuant to Code Section 50-27-14.1
and may
contract with the Georgia Bureau of Investigation for the performance of such
investigations. The results of such a
background investigation shall not be considered a record open to the public
pursuant to Article 4 of Chapter 18 of this title.
(f)
No person who has been convicted of a felony or bookmaking or other forms of
illegal gambling or of a crime involving moral turpitude shall be employed by
the corporation.
(g)
The corporation shall bond corporation employees with access to corporation
funds or lottery revenue in such an amount as provided by the board and may bond
other employees as deemed necessary."
SECTION
2.
Said
chapter is further amended by adding a new Code section to read as
follows:
"50-27-12.1.
(a)
It is the purpose of this Code section to authorize the corporation to obtain
national criminal history background check information on individuals doing
business with, or being employed by the corporation.
(b)
As used in this Code section, the term:
(1)
'Applicant' means a person who:
(A)
Seeks to be employed by the corporation; or
(B)
Seeks approval by the corporation of a contract to become either a retailer or a
vendor.
(2)
'Criminal background check' means any check of state or national criminal
history files performed pursuant to this Code section.
(3)
'FBI' means the Federal Bureau of Investigation.
(4)
'GCIC' means the Georgia Crime Information Center established under Article 2 of
Chapter 3 of Title 35.
(5)
'GCIC information' means criminal history record information as defined in Code
Section 35-3-30.
(6)
'National criminal history background check' means a fingerprint based check of
state and national criminal history files based on submission of a set of
classifiable fingerprints and records fee.
(7)
'Records check application' means two sets of classifiable fingerprints and a
records search fee to be established by the department by rule and regulation,
payable in such form as the corporation may direct to cover the cost of
obtaining criminal background information pursuant this Code
section.
(c)(1)
In order to determine each applicant´s qualifications and eligibility in
accordance with the standards set forth in this chapter, the corporation shall
require each applicant to submit a records check application. The corporation
shall establish a uniform method of obtaining an applicant's records check
application.
(2)(A)
Unless the corporation contracts pursuant to subparagraph (B) of this paragraph,
the corporation shall transmit to the GCIC both sets of fingerprints and the
records search fee from each fingerprint records check application. Upon
receipt thereof, the GCIC shall promptly transmit one set of fingerprints to the
FBI for a search of its records and an appropriate report and shall retain the
other set and promptly conduct a search of its records and records to which it
has access. Within ten days after receiving fingerprints acceptable to the GCIC
and the fee, the GCIC shall notify the corporation in writing of any criminal
record or if there is no such finding. After a search of the FBI's records and
fingerprints and upon receipt of the FBI´s report, the corporation shall
make a determination about an applicant´s criminal record and shall notify
the owner in writing as to the corporation´s determination as to whether
the owner has or does not have a criminal record of such a nature that bears
upon the applicant's qualifications and eligibility to do business with, or to
be employed by, the corporation in accordance with the standards set forth in
this chapter.
(B)
The corporation may either perform criminal background checks under agreement
with the GCIC or contract with the GCIC and appropriate law enforcement agencies
which have access to GCIC and FBI information to have those agencies perform for
the department criminal background checks for the corporation. The corporation
or the appropriate law enforcement agencies may charge reasonable fees for
performing criminal background checks.
(3)
The information obtained from the criminal background check pursuant to this
Code section shall only be used by the corporation to determine the
applicant´s qualifications and eligibility in accordance with the standards
set forth in this chapter.
(4)
The corporation shall notify the applicant of his, her, or its right to
challenge the accuracy and completeness of any information contained in the
national criminal history background check.
(5)
Neither the GCIC, the corporation, any law enforcement agency, nor the employees
of any such entities shall be responsible for the accuracy of information
contained in the criminal background check nor have any liability for
defamation, invasion of privacy, negligence, or any other claim in connection
with any dissemination of information or determination based thereon pursuant to
this Code section.
(d)
All information received from the FBI or the GCIC shall be for the exclusive
purpose of determining the qualifications and eligibility of applicants pursuant
to this chapter and shall not be released or otherwise disclosed to any other
person or agency except to any person or agency with a legal right to inspect
the facility. Any such information received by the corporation shall be
confidential information which is exempt from public disclosure or public
inspection pursuant to Code Section 50-27-25 and Article 4 of Chapter 18 of this
title. All such information collected by the corporation shall be maintained by
the corporation pursuant to laws regarding and the rules or regulations of the
FBI and the GCIC, as is applicable. Penalties for the unauthorized release or
disclosure of any such information shall be as prescribed pursuant to laws
regarding and rules or regulations of the FBI and the GCIC, as is
applicable.
(e)
The corporation shall promulgate written rules and regulations to implement the
provisions of this Code section."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.