Text: HF02248 Text: HF02250 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2249 1 2 1 3 AN ACT 1 4 RELATING TO CRIMINAL HISTORY CHECKS OF APPLICANTS FOR CERTAIN 1 5 LICENSES, LOTTERY EMPLOYEES, AND MAJOR VENDORS CONTRACTING 1 6 WITH THE LOTTERY, MARKETING MATERIALS, AND THE IDENTIFI- 1 7 CATION OF INSTANT LOTTERY TICKETS, PROVIDING FOR A FEE, 1 8 AND PROVIDING FOR AN EFFECTIVE DATE. 1 9 1 10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 11 1 12 Section 1. Section 80A.4, Code 2001, is amended to read as 1 13 follows: 1 14 80A.4 LICENSE REQUIREMENTS. 1 15 1. Applications for a license or license renewal shall be 1 16 submitted to the commissioner in the form the commissioner 1 17 prescribes. A license or license renewal shall not be issued 1 18 unless the applicant: 1 19 a. Is eighteen years of age or older. 1 20 b. Is not a peace officer. 1 21 c. Has never been convicted of a felony or aggravated 1 22 misdemeanor. 1 23 d. Is not addicted to the use of alcohol or a controlled 1 24 substance. 1 25 e. Does not have a history of repeated acts of violence. 1 26 f. Is of good moral character and has not been judged 1 27 guilty of a crime involving moral turpitude. 1 28 g. Has not been convicted of a crime described in section 1 29 708.3, 708.4, 708.5, 708.6, 708.8, or 708.9. 1 30 h. Has not been convicted of illegally using, carrying or 1 31 possessing a dangerous weapon. 1 32 i. Has not been convicted of fraud. 1 33 j. Provides fingerprints to the department. 1 34j.k. Complies with other qualifications and requirements 1 35 the commissioner adopts by rule. 2 1 2. If the applicant is a corporation, the requirements of 2 2 subsection 1 apply to the president and to each officer, 2 3 commissioner or employee who is actively involved in the 2 4 licensed business in Iowa. If the applicant is a partnership 2 5 or association, the requirements of subsection 1 apply to each 2 6 partner or association member. 2 7 3. Each employee of an applicant or licensee shall possess 2 8 the same qualifications required by subsection 1of this2 9sectionfor a licensee. 2 10 4. The fingerprints required by subsection 1 may be 2 11 submitted by the department to the federal bureau of 2 12 investigation through the state central criminal history 2 13 repository for the purpose of a national criminal history 2 14 check. 2 15 Sec. 2. Section 80A.5, subsections 1 and 2, Code 2001, are 2 16 amended to read as follows: 2 17 1. An applicant for a license or license renewal shall 2 18 deposit with each application the fee for the license and if 2 19 necessary the fees associated with processing the 2 20 fingerprints. 2 21 2. If the application is approved the deposited amount 2 22 shall be applied on the license fee. If the application is 2 23 disapproved, the deposited amount excluding the fees 2 24 associated with the processing of the fingerprints shall be 2 25 refunded to the applicant. 2 26 Sec. 3. Section 80A.7, subsection 2, Code 2001, is amended 2 27 to read as follows: 2 28 2. The fee for each application for an identification card 2 29 is ten dollars. 2 30 Sec. 4. Section 80A.7, Code 2001, is amended by adding the 2 31 following new subsection: 2 32 NEW SUBSECTION. 5. An application for an identification 2 33 card shall include the submission of fingerprints of the 2 34 person seeking the identification card which fingerprints may 2 35 be submitted to the federal bureau of investigation through 3 1 the state central criminal history repository for the purpose 3 2 of a national criminal history background check. Fees 3 3 associated with the processing of fingerprints shall be 3 4 assessed to the employing licensee. 3 5 Sec. 5. Section 99D.8A, subsection 2, Code 2001, is 3 6 amended to read as follows: 3 7 2. An applicant shall submit pictures, fingerprints, and 3 8 descriptions of physical characteristics to the commission in 3 9 the manner prescribed on the application forms. The 3 10 fingerprints may be submitted to the federal bureau of 3 11 investigation by the department of public safety through the 3 12 state central criminal history repository for the purpose of a 3 13 national criminal history check. 3 14 Sec. 6. Section 99E.3, subsection 3, Code 2001, is amended 3 15 to read as follows: 3 16 3. The commissioner may employ, with the approval of the 3 17 director, clerks, stenographers, inspectors, agents, and other 3 18 employees pursuant to chapter 19A as necessary to carry out 3 19 this chapter, except as provided in section 99E.14. The 3 20 commissioner may require a background investigation to be 3 21 conducted in connection with the employment of lottery 3 22 employees. The board shall define, by rule, the employment 3 23 categories subject to investigation. The background 3 24 investigation by the division of criminal investigation of the 3 25 department of public safety may include a national criminal 3 26 history record check through the federal bureau of 3 27 investigation. The screening of lottery employees through the 3 28 federal bureau of investigation shall be conducted by 3 29 submission of fingerprints through the state criminal history 3 30 record repository to the federal bureau of investigation. 3 31 Sec. 7. Section 99E.9, subsection 2, Code 2001, is amended 3 32 to read as follows: 3 33 2. Subject to the approval of the board, the commissioner 3 34 may enter into contracts for the operation and marketing of 3 35 the lottery, except that the board may by rule designate 4 1 classes of contracts other than major procurements which do 4 2 not require prior approval by the board. A major procurement 4 3 shall be as the result of competitive bidding with the 4 4 contract being awarded to the responsible vendor submitting 4 5 the lowest and best proposal. However, before a contract for 4 6 a major procurement is awarded, the division of criminal 4 7 investigation of the department of public safety shall conduct 4 8 a thorough background investigation of the vendor, any parent4 9or subsidiary corporation of the vendor, all shareholders of4 10five percent or more interest of the vendor or parent or4 11subsidiary corporation of the vendor, and all officers and4 12directors of the vendor or parent or subsidiary corporation of4 13the vendorto whom the contract is to be awarded. The 4 14 commissioner and board shall consult with the division of 4 15 criminal investigation and shall provide, by rule, for the 4 16 scope of the thorough background investigations and due 4 17 diligence with regard to the background investigations to be 4 18 conducted in connection with major procurements. The vendor 4 19 shall submit to the division of criminal investigation 4 20 appropriate investigation authorizations to facilitate this 4 21 investigation.A contract for a major procurement awarded or4 22entered into by the commissioner with an individual or4 23business organization shall require that individual or4 24business organization to establish a permanent office in this4 25state.The background investigation by the division of 4 26 criminal investigation may include a national criminal history 4 27 record check through the federal bureau of investigation. The 4 28 screening of vendors or their employees through the federal 4 29 bureau of investigation shall be conducted by submission of 4 30 fingerprints through the state criminal history record 4 31 repository to the federal bureau of investigation. As used in 4 32 this subsection, "major procurement" means consulting 4 33 agreements and the major procurement contract with a business 4 34 organization for the printing of tickets, or for purchase or 4 35 lease of equipment or services essential to the operation of a 5 1 lottery game. 5 2 Sec. 8. Section 99E.9, subsection 3, paragraph m, Code 5 3 2001, is amended to read as follows: 5 4 m. The form and type of marketing, informational, and 5 5 educational material to be permitted.Marketing material and5 6campaigns shall include the concept of investing in Iowa's5 7economic development and show the economic development5 8initiatives funded from lottery revenue.5 9 Sec. 9. Section 99E.9, subsection 3, paragraph o, Code 5 10 2001, is amended by striking the paragraph. 5 11 Sec. 10. Section 99F.6, subsection 2, Code 2001, is 5 12 amended to read as follows: 5 13 2. An applicant shall submit pictures, fingerprints, and 5 14 descriptions of physical characteristics to the commission in 5 15 the manner prescribed on the application forms. The 5 16 fingerprints may be submitted to the federal bureau of 5 17 investigation by the department of public safety through the 5 18 state central criminal history repository for the purpose of a 5 19 national criminal history check. 5 20 Sec. 11. EFFECTIVE DATE. This Act, being deemed of 5 21 immediate importance, takes effect upon enactment. 5 22 5 23 5 24 5 25 BRENT SIEGRIST 5 26 Speaker of the House 5 27 5 28 5 29 5 30 MARY E. KRAMER 5 31 President of the Senate 5 32 5 33 I hereby certify that this bill originated in the House and 5 34 is known as House File 2249, Seventy-ninth General Assembly. 5 35 6 1 6 2 6 3 MARGARET THOMSON 6 4 Chief Clerk of the House 6 5 Approved , 2002 6 6 6 7 6 8 6 9 THOMAS J. VILSACK 6 10 Governor
Text: HF02248 Text: HF02250 Text: HF02200 - HF02299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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