07 LC 33
1715
Senate
Bill 51
By:
Senators Smith of the 52nd, Goggans of the 7th, Hudgens of the 47th, Hamrick of
the 30th and Harp of the 29th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 49 of the Official Code of Georgia Annotated, relating
to the Department of Human Resources, so as to permit the department to obtain
national criminal history background data on owners of personal care homes,
private home care providers, and child welfare agencies; to provide for
definitions; to provide for the establishment of a uniform method of obtaining
national criminal history background checks; to prohibit owners with certain
criminal records from operating licensed facilities; 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
2 of Title 49 of the Official Code of Georgia Annotated, relating to the
Department of Human Resources, is amended by adding a new Code section to read
as follows:
"49-2-14.1.
(a)
As used in this Code section, the term:
(1)
' Criminal history background check' means the data derived from a fingerprint
based check of state and national criminal history records based on a submission
of a set of classifiable fingerprints and records search fee.
(2)
'Criminal record' means a record of an arrest where the time for prosecution of
the charge has not expired or a finding or verdict of guilty or a plea of guilty
or a plea of nolo contendere or being exonerated and discharged without a court
adjudication of guilt with regard to the crimes as set forth in Code Sections
42-1-12, 16-5-100, and 16-6-5.1 and as authorized under Code Section 35-3-34.1,
regardless of whether an appeal of the conviction has been sought.
(3)
'Facility' means a:
(A)
Personal care home required to be licensed or permitted under Code Section
31-7-12;
(B)
Private home care provider required to be licensed under Article 13 of Chapter 7
of Title 31; or
(C)
Child welfare agency, including a child-caring institution, child-placing
agency, and maternity home required to be licensed under Code Section
49-5-12.
(4)
'License' means the document issued by the department to authorize the facility
to operate.
(5)
'Owner' means any individual or any person affiliated with a corporation,
partnership, or association who will have access to the persons receiving care
under the license of the facility and purports to or exercises authority of the
owner in the licensed facility who applies to operate a licensed facility in
Georgia.
(b)
No owner may operate a licensed facility in Georgia without first submitting to
a criminal history background check.
(c)
It is unlawful for an owner to hold a license to operate a facility with a
criminal record as defined in this Code section. The department shall revoke or
refuse to issue the license of any owner to operate a facility if it determines
that the owner has a criminal record.
(d)
If the department issues a license and subsequently learns that the owner may
have a criminal record, the department is authorized to require the owner to
obtain a new criminal history background check.
(e)
Prior to approving any license for a new facility, the department may receive
from any law enforcement agency criminal history background check data,
including arrest and conviction data, and any and all other information which it
may be provided pursuant to state or federal law which is relevant to any owner
of a facility to the fullest extent permissible by federal and state law. Prior
to transferring ownership to a new owner or owners, an existing facility shall
cause to be submitted any forms, data, and information as determined by the
department to facilitate the department receiving criminal history background
check data from any law enforcement agency regarding a proposed new owner or
owners. The license of an existing facility may not be transferred to a new
owner or owners until the requirements of this Code section have been met and
the department has made at least a preliminary determination based on available
criminal history data that the new owner or owners do not have a criminal record
pending receipt of the full criminal history background check data of a proposed
new owner or owners.
(f)
The department shall establish a uniform method of obtaining criminal history
background check data required under this Code section. Such uniform method
shall require the submission to the Georgia Crime Information Center of two
complete sets of fingerprints and the records search fee. Upon receipt thereof,
the Georgia Crime Information Center shall promptly transmit one set of
fingerprints to the Federal Bureau of Investigation for a search of bureau
records and an appropriate report and shall retain the other set and promptly
conduct a search of its own records and records to which it has access. After
receiving the fingerprints and fee, the Georgia Crime Information Center shall
notify the department in writing of any derogatory finding, including, but not
limited to, any criminal record data regarding the fingerprint records check or
if there is no such finding.
(g)
All background check data received shall be for the exclusive purpose of
approving or denying the granting or renewing of a license to a new facility or
the revision of a license of an existing facility when a new owner or owners are
proposed 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. All such background check data collected by the department shall be
maintained by the department pursuant to laws regarding and the rules or
regulations of the Federal Bureau of Investigation and the Georgia Crime
Information Center, as is applicable. Penalties for the unauthorized release or
disclosure of any background check data shall be as prescribed pursuant to laws
regarding and rules or regulations of the Federal Bureau of Investigation and
the Georgia Crime Information Center, as is applicable.
(h)
The department shall promulgate written rules and regulations to implement the
provisions of this Code section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.