House File 681 - Introduced HOUSE FILE 681 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 208) 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 2546HV (3) 88 hb/lh

H.F. 681 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 use authority conferred under the 26 National Child Protection Act, as codified in 34 U.S.C. §40104, 27 in conducting national criminal history record checks on 28 covered individuals. 29 5. The department may require a qualified entity to pay a 30 fee associated with a national criminal history record check. 31 The fee shall not exceed the actual cost of the national 32 criminal history record check. 33 6. The results of national criminal history record checks 34 are a confidential record under section 22.7. 35 -1- LSB 2546HV (3) 88 hb/lh 1/ 2

H.F. 681 7. The department shall adopt rules as necessary for the 1 administration of this section pursuant to chapter 17A. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 This bill provides that a qualified entity may request a 6 national criminal history record check on covered individuals 7 through the department of public safety. 8 The bill defines a “covered individual” and “qualified 9 entity” in the same manner as the terms are defined under the 10 federal Code, 34 U.S.C. §40104. 11 The bill provides that a qualified entity shall submit 12 fingerprints and other identifying information to the division 13 of criminal investigation of the department on a form and in 14 a manner as prescribed by the department and the department 15 is, in turn, required to submit the information to the federal 16 bureau of investigation. 17 The bill provides that the department may use authority 18 conferred under the National Child Protection Act in conducting 19 national criminal history record checks on covered individuals. 20 The bill provides that the department may require a 21 qualified entity to pay a fee associated with a national 22 criminal history record check. The fee is not to exceed the 23 actual cost of the national criminal history record check. 24 The bill provides that a national criminal history record 25 check is a confidential record under Code section 22.7. 26 The bill directs the department to adopt rules as necessary 27 to administer the provisions of the bill pursuant to Code 28 chapter 17A. 29 -2- LSB 2546HV (3) 88 hb/lh 2/ 2