House File 637 - Introduced HOUSE FILE 637 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HF 558) (SUCCESSOR TO HSB 119) A BILL FOR An Act relating to state government operations concerning 1 background checks and investigations of employees of the 2 office of the chief information officer and the credit union 3 division and eliminating the technology advisory council. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1360HZ (2) 87 ec/sc

H.F. 637 DIVISION I 1 OFFICE OF THE CHIEF INFORMATION OFFICER 2 Section 1. Section 8B.1, subsection 13, Code 2017, is 3 amended by striking the subsection. 4 Sec. 2. NEW SECTION . 8B.4A Background checks. 5 An applicant for employment with the office, or an applicant 6 for employment with a participating agency for a position as 7 information technology staff, may be subject to a background 8 investigation by the office. The background investigation may 9 include, without limitation, a work history, financial review, 10 request for criminal history data, and national criminal 11 history check through the federal bureau of investigation. 12 In addition, a contractor, vendor, employee, or any other 13 individual performing work for the office, or an individual on 14 the information technology staff of a participating agency, 15 may be subject to a national criminal history check through 16 the federal bureau of investigation at least once every ten 17 years, including, without limitation, any time the office or 18 participating agency has reason to believe an individual has 19 been convicted of a crime. The office may request the national 20 criminal history check and shall provide the individual’s 21 fingerprints to the department of public safety for submission 22 through the state criminal history repository to the federal 23 bureau of investigation. The individual shall authorize 24 release of the results of the national criminal history 25 check to the office and the applicable participating agency. 26 The office shall pay the actual cost of the fingerprinting 27 and national criminal history check, if any, unless 28 otherwise agreed as part of a contract between the office or 29 participating agency and a vendor or contractor performing 30 work for the office or participating agency. The results of a 31 criminal history check conducted pursuant to this section shall 32 not be considered a public record under chapter 22. 33 Sec. 3. Section 8B.33, subsection 1, Code 2017, is amended 34 to read as follows: 35 -1- LSB 1360HZ (2) 87 ec/sc 1/ 5

H.F. 637 1. An IowAccess revolving fund is created in the state 1 treasury. The revolving fund shall be administered by the 2 office and shall consist of moneys collected by the office as 3 fees, moneys appropriated by the general assembly, and any 4 other moneys obtained or accepted by the office for deposit in 5 the revolving fund. The proceeds of the revolving fund are 6 appropriated to and shall be used by the office to maintain, 7 develop, operate, and expand IowAccess consistent with this 8 chapter , and for the support of activities of the technology 9 advisory council pursuant to section 8B.8 . 10 Sec. 4. REPEAL. Section 8B.8, Code 2017, is repealed. 11 DIVISION II 12 CREDIT UNION DIVISION 13 Sec. 5. Section 533.106, subsection 6, Code 2017, is amended 14 to read as follows: 15 6. The superintendent or an employee of the credit union 16 division who is convicted , or an applicant for employment 17 with the credit union division who has been convicted, of 18 theft, burglary, robbery, larceny, embezzlement, or other 19 crime involving breach of trust , or a crime involving moral 20 turpitude, shall be forever disqualified from holding any 21 position in the credit union division. 22 Sec. 6. NEW SECTION . 533.106A Background investigations. 23 1. The credit union division may conduct a background 24 investigation on an applicant for employment with the division. 25 The division shall inform an applicant that the position 26 requires a background investigation and shall obtain the 27 applicant’s written authorization prior to conducting the 28 investigation. 29 2. The background investigation may include, without 30 limitation, a review of at least the following subjects: 31 a. Work history and educational credentials. 32 b. Financial review. 33 c. Criminal history data, including a national criminal 34 history check through the federal bureau of investigation. 35 -2- LSB 1360HZ (2) 87 ec/sc 2/ 5

H.F. 637 3. The applicant shall provide the applicant’s fingerprints 1 to the credit union division. The division shall provide the 2 fingerprints to the department of public safety for submission 3 through the state criminal history repository to the federal 4 bureau of investigation. 5 4. An employee of the credit union division may be subject 6 to a national criminal history check through the federal bureau 7 of investigation at least once every five years, or whenever 8 circumstances arise giving the division reason to believe that 9 the employee has been arrested, charged, or indicted for a 10 crime as described in section 533.106, subsection 6. 11 5. The credit union division shall pay the actual cost of 12 the background investigation, including fingerprinting and the 13 national criminal history check, if any. 14 6. The results of a background investigation, including a 15 criminal history check, shall not be considered a public record 16 under chapter 22. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 DIVISION I —— OFFICE OF THE CHIEF INFORMATION OFFICER. This 21 division concerns the office of the chief information officer. 22 New Code section 8A.4A provides for an optional background 23 investigation for an applicant for employment with the 24 office or an applicant for employment with a participating 25 agency for a position as information technology staff, 26 which may include work history review, financial review, a 27 request for criminal history data, and a national criminal 28 history check through the federal bureau of investigation 29 (FBI). In addition, the bill provides that an applicant 30 for employment with the office, an applicant for employment 31 with a participating agency as information technology staff, 32 or a contractor, vendor, employee, or any other individual 33 performing work for the office may be subject to a national 34 criminal history check through the FBI at least once every 35 -3- LSB 1360HZ (2) 87 ec/sc 3/ 5

H.F. 637 10 years or at any time the office or participating agency 1 has reason to believe an individual has been convicted of a 2 crime. If conducted, the bill directs the office to provide 3 fingerprints to the department of public safety for submission 4 through the state criminal history repository to the FBI, and 5 requires individuals to authorize release of the results to the 6 office and the applicable participating agency. The office is 7 required to pay the actual costs of the fingerprinting and the 8 criminal history check unless otherwise agreed by contract. 9 The bill provides that the results of a criminal history check 10 are not considered a public record under Code chapter 22 (open 11 records). 12 Code section 8B.8, providing for a technology advisory 13 council, is repealed by the bill. 14 DIVISION II —— CREDIT UNION DIVISION. This division relates 15 to employees and applicants for employment with the credit 16 union division of the department of commerce. 17 Code section 533.106, concerning employees, is amended to 18 provide that the provision disqualifying the superintendent 19 or employee of the credit union division from holding any 20 position with the credit union division for a conviction of 21 certain crimes applies also to an applicant for employment 22 with the division. The Code section is further amended to 23 provide that a crime involving moral turpitude is also a crime 24 that disqualifies a person from holding any position with the 25 division. 26 New Code section 533.106A provides for an optional 27 background investigation for an applicant for employment with 28 the credit union division which may include work history and 29 educational credentials review, financial review, a request 30 for criminal history data, and a national criminal history 31 check through the federal bureau of investigation (FBI). In 32 addition, the bill provides that an employee of the credit 33 union division may be subject to a national criminal history 34 check through the FBI at least once every five years or at 35 -4- LSB 1360HZ (2) 87 ec/sc 4/ 5

H.F. 637 any time the division has reason to believe an individual has 1 been arrested, charged, or indicted for a crime that would 2 disqualify the person for employment. If conducted, the bill 3 directs the division to provide fingerprints to the department 4 of public safety for submission through the state criminal 5 history repository to the FBI. The division is required to pay 6 the actual costs of the fingerprinting and the criminal history 7 check. The bill provides that the results of a background 8 investigation are not considered a public record under Code 9 chapter 22 (open records). 10 -5- LSB 1360HZ (2) 87 ec/sc 5/ 5