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Can I collect financial information from participants in Georgia? What are the requirements?

Yes, you can collect financial information from participants in Georgia, but there are specific requirements that must be followed. The requirements may vary depending on the type of financial information being collected and the industry in which the collection is taking place.

Financial Information Collection Requirements

According to GACO 20-14-49.11, the Department of Education shall make available on its website the following school site budget and expenditure information for each school unless specifically made confidential by law:

  1. The cost of all materials, equipment, and other nonstaff support;
  2. Salary and benefit expenditures for all staff;
  3. The cost of all professional development, including training, materials, and tuition provided for instructional staff on an annual basis;
  4. The total cost of facility maintenance and small capital projects;
  5. The total expenditures of new construction or major renovation, based on the school system facility plan; and
  6. The per student expenditures for each local school system and school as delineated in Section 1111(h)(1)(C)(x) of the federal Elementary and Secondary Education Act, as amended by the federal Every Student Succeeds Act.

Additionally, the Department of Education shall make available on its website the following school system level information:

  1. The annual budget of the local board of education;
  2. Ratios of expenditures to revenues for all general and special revenue funds;
  3. The total dollar amount of local property tax revenue the school system collected in addition to the actual millage rate levied; and
  4. The total dollar amount of all other tax revenue that is collected by the school system.

Each local school system and each state charter school which maintains a website shall post in a prominent location on its website a link to where the information listed in subsections (a) and (b) of this Code section and the following information can be found on the Department of Education’s website:

  1. The annual budget submitted to the State Board of Education pursuant to subsection (c) of Code Section 20-2-167;
  2. The annual personnel report prepared by the state auditor pursuant to Code Section 50-6-27;
  3. The most recent five years of audits conducted by the Department of Audits and Accounts pursuant to subsection (a) of Code Section 50-6-6 and any additional independent audits conducted pursuant to subsection (b) of Code Section 50-6-6;
  4. Any findings of irregularities or budget deficits reported by the Department of Audits and Accounts pursuant to Code Section 20-2-67; and
  5. For a local board of education which imposes a sales tax for educational purposes pursuant to Part 2 of Article 3 of Chapter 8 of Title 48, the information required pursuant to Code Section 48-8-141 as provided to the Department of Audits and Accounts for posting on such department’s searchable website pursuant to subsection (g) of Code Section 50-6-32.

Each public school which maintains a website shall post in a prominent location on its website a link to where the financial efficiency ratings for the school published by the office pursuant to Code Section 20-14-34 can be found on the office’s website.

Information Security Requirements

According to GARR Rule 80-3-1-.05, all licensees shall create and maintain an information security program to safeguard the nonpublic personal information of customers to the extent required by 16 C.F.R. Part 314 (the “Safeguards Rule”). As part of its regulatory oversight, the Department shall review, to the extent applicable, licensee’s information security programs, risk assessments, incident response plans, and other required elements of the Safeguards Rule.

Notice of Unauthorized Access to Personal Information

According to GARR Rule 80-14-1-.05, in the event that a licensee provides notice under applicable federal or state law of an information security incident involving unauthorized access to personal information, then the licensee shall simultaneously provide a duplicate of such disclosure to the Department. For purposes of this rule, personal information is any record containing nonpublic personal information about a customer or potential customer whether in paper, electronic, or other form maintained by or on behalf of the licensee.

Books and Records Requirements

According to GARR Rule 80-4-1-.01, every licensee shall maintain an original written authorization or other evidence of verification attesting to the fact that each specific corporation or other business association has authorized its officers and employees or specific officers or employees to present payment instruments, drawn by the corporation or other business association payable to cash or drawn by any party payable to the corporation or other business association, to a licensee for cashing. A check casher shall not cash a payment instrument payable to persons other than natural persons unless the check casher has on file such written authorization or verification indicating that the payee has authorized the presentation of such payment instruments on behalf of the payee.

Every licensee shall post in prominent view of each teller window or other customer service station a copy of its license. Advertising material related to the cashing of payment instruments and distributed within this state shall contain the licensee’s name, which shall conform to the name on record with the Department, and unique identifier, which shall clearly indicate that the number was issued by the Nationwide Multistate Licensing System and Registry.

Books and records required herein shall be maintained by every licensee. A record of cashed payment instruments shall be maintained by each licensee as a log of all transactions occurring each day. The log must be maintained in chronological order based on the date of negotiation of the payment instrument. For all cashed payment instruments, such record shall include the date of negotiation of the payment instrument, name, address, and identifying number (social security, driver’s license, passport, etc.) of the person negotiating the payment instrument, amount of the payment instrument, and amount of fee charged for cashing the payment instrument. For all cashed payment instruments in an amount of one thousand dollars ($1,000) or more, such record shall also include the date of the payment instrument, payment instrument number, name and location or routing number of the payor bank or, if a pre-paid card, the branded card name, and name of the drawer of the payment instrument.

Required information from operators

According to GACO 10-1-831, before accepting any entrant’s fee, all operators shall provide to each entrant a written document in at least ten-point type clearly containing only the following information: (1) Name, address, and telephone number of the operator; (2) Name, address, and telephone number of the individual or officer of the organization having full responsibility for the conducting of the pageant; (3) Names of pageants customarily promoted by the operator; (4) Name and address of individual authorized to accept service of process; (5) Name, address, and telephone number of the financial institution in which the entrants’ fees are held; (6) Name, address, and telephone number of the surety company maintaining the bond required by Code Section 10-1-832; and (7) A statement which reads as follows: “The State of Georgia requires bonding or escrow of pageants conducted for the profit of operators.”

Conclusion

In conclusion, you can collect financial information from participants in Georgia, but there are specific requirements that must be followed. These requirements include providing financial information on websites, maintaining an information security program, providing notice of unauthorized access to personal information, and maintaining books and records. However, it is important to note that the specific requirements may vary depending on the type of financial information being collected and the industry in which the collection is taking place.

Jurisdiction

Georgia, Georgia