Senate
File
525
-
Introduced
SENATE
FILE
525
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1203)
A
BILL
FOR
An
Act
permitting
qualified
entities
to
request
national
1
criminal
history
checks
of
certain
covered
individuals.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2546SV
(1)
88
hb/lh
S.F.
525
Section
1.
NEW
SECTION
.
692C.1
National
criminal
history
1
record
checks
——
persons
providing
child
care,
elder
care,
and
2
care
for
individuals
with
disabilities.
3
1.
For
purposes
of
this
section:
4
a.
“Covered
individual”
means
an
individual
who
has,
seeks
5
to
have,
or
may
have
access
to
children,
the
elderly,
or
6
individuals
with
disabilities
served
by
a
qualified
entity
and
7
who
is
employed
by
volunteers
with,
or
seeks
to
volunteer
with
8
a
qualified
entity;
or
owns
or
operates
or
seeks
to
own
or
9
operate,
a
qualified
entity.
10
b.
“Department”
means
the
department
of
public
safety.
11
c.
“Qualified
entity”
means
a
business
or
organization,
12
whether
public,
private,
for-profit,
nonprofit,
or
voluntary,
13
that
provides
care
or
care
placement
services,
including
a
14
business
or
organization
that
licenses
or
certifies
others
to
15
provide
care
or
care
placement
services.
16
2.
A
qualified
entity
may
request
a
national
criminal
17
history
record
check
by
the
federal
bureau
of
investigation
on
18
covered
individuals
through
the
department
of
public
safety.
19
3.
The
qualified
entity
shall
submit
fingerprints
and
20
other
identifying
information
to
the
division
of
criminal
21
investigation
of
the
department
on
a
form
and
in
a
manner
as
22
prescribed
by
the
department.
The
department
shall
submit
the
23
information
through
the
state
criminal
history
repository
to
24
the
federal
bureau
of
investigation.
25
4.
The
department
may
require
a
qualified
entity
to
pay
a
26
fee
associated
with
a
national
criminal
history
record
check.
27
The
fee
shall
not
exceed
the
actual
cost
of
the
national
28
criminal
history
record
check.
29
5.
The
results
of
national
criminal
history
record
checks
30
are
a
confidential
record
under
section
22.7.
31
6.
The
department
shall
adopt
rules
as
necessary
for
the
32
administration
of
this
section
pursuant
to
chapter
17A.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
-1-
LSB
2546SV
(1)
88
hb/lh
1/
2
S.F.
525
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
provides
that
a
qualified
entity
may
request
a
2
national
criminal
history
record
check
on
covered
individuals
3
through
the
department
of
public
safety.
4
The
bill
defines
a
“covered
individual”
and
“qualified
5
entity”
in
the
same
manner
as
the
terms
are
defined
under
the
6
federal
Code,
34
U.S.C.
§40104.
7
The
bill
provides
that
a
qualified
entity
shall
submit
8
fingerprints
and
other
identifying
information
to
the
division
9
of
criminal
investigation
of
the
department
on
a
form
and
in
10
a
manner
as
prescribed
by
the
department
and
the
department
11
is,
in
turn,
required
to
submit
the
information
to
the
federal
12
bureau
of
investigation.
13
The
bill
provides
that
the
department
may
require
a
14
qualified
entity
to
pay
a
fee
associated
with
a
national
15
criminal
history
record
check.
The
fee
is
not
to
exceed
the
16
actual
cost
of
the
national
criminal
history
record
check.
17
The
bill
provides
that
a
national
criminal
history
record
18
check
is
a
confidential
record
under
Code
section
22.7.
19
The
bill
directs
the
department
to
adopt
rules
as
necessary
20
to
administer
the
provisions
of
the
bill
pursuant
to
Code
21
chapter
17A.
22
-2-
LSB
2546SV
(1)
88
hb/lh
2/
2