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House Study Bill 208 - IntroducedA Bill ForAn Act 1permitting qualified entities to request national
2criminal history checks of certain covered individuals.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 692C.1 National criminal history
2record checks — persons providing child care, elder care, and
3care for individuals with disabilities.
41. For purposes of this section:
5a. “Covered individual” means an individual who has, seeks
6to have, or may have access to children, the elderly, or
7individuals with disabilities served by a qualified entity and
8who is employed by volunteers with, or seeks to volunteer with
9a qualified entity; or owns or operates or seeks to own or
10operate, a qualified entity.
11b. “Department” means the department of public safety.
12c. “Qualified entity” means a business or organization,
13whether public, private, for-profit, nonprofit, or voluntary,
14that provides care or care placement services, including a
15business or organization that licenses or certifies others to
16provide care or care placement services.
172. A qualified entity may request a national criminal
18history record check by the federal bureau of investigation on
19covered individuals through the department of public safety.
203. The qualified entity shall submit fingerprints and
21other identifying information to the division of criminal
22investigation of the department on a form and in a manner as
23prescribed by the department. The department shall submit the
24information through the state criminal history repository to
25the federal bureau of investigation.
264. The department may require a qualified entity to pay a
27fee associated with a national criminal history record check.
28The fee shall not exceed the actual cost of the national
29criminal history record check.
305. The results of national criminal history record checks
31are a confidential record under section 22.7.
326. The department shall adopt rules as necessary for the
33administration of this section pursuant to chapter 17A.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill provides that a qualified entity may request a
3national criminal history record check on covered individuals
4through the department of public safety.
5The bill defines a “covered individual” and “qualified
6entity” in the same manner as the terms are defined under the
7federal Code, 34 U.S.C.§40104.
8The bill provides that a qualified entity shall submit
9fingerprints and other identifying information to the division
10of criminal investigation of the department on a form and in
11a manner as prescribed by the department and the department
12is, in turn, required to submit the information to the federal
13bureau of investigation.
14The bill provides that the department may require a
15qualified entity to pay a fee associated with a national
16criminal history record check. The fee is not to exceed the
17actual cost of the national criminal history record check.
18The bill provides that a national criminal history record
19check is a confidential record under Code section 22.7.
20The bill directs the department to adopt rules as necessary
21to administer the provisions of the bill pursuant to Code
22chapter 17A.
-2-hb/lh
2criminal history checks of certain covered individuals.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 692C.1 National criminal history
2record checks — persons providing child care, elder care, and
3care for individuals with disabilities.
41. For purposes of this section:
5a. “Covered individual” means an individual who has, seeks
6to have, or may have access to children, the elderly, or
7individuals with disabilities served by a qualified entity and
8who is employed by volunteers with, or seeks to volunteer with
9a qualified entity; or owns or operates or seeks to own or
10operate, a qualified entity.
11b. “Department” means the department of public safety.
12c. “Qualified entity” means a business or organization,
13whether public, private, for-profit, nonprofit, or voluntary,
14that provides care or care placement services, including a
15business or organization that licenses or certifies others to
16provide care or care placement services.
172. A qualified entity may request a national criminal
18history record check by the federal bureau of investigation on
19covered individuals through the department of public safety.
203. The qualified entity shall submit fingerprints and
21other identifying information to the division of criminal
22investigation of the department on a form and in a manner as
23prescribed by the department. The department shall submit the
24information through the state criminal history repository to
25the federal bureau of investigation.
264. The department may require a qualified entity to pay a
27fee associated with a national criminal history record check.
28The fee shall not exceed the actual cost of the national
29criminal history record check.
305. The results of national criminal history record checks
31are a confidential record under section 22.7.
326. The department shall adopt rules as necessary for the
33administration of this section pursuant to chapter 17A.
34EXPLANATION
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
2This bill provides that a qualified entity may request a
3national criminal history record check on covered individuals
4through the department of public safety.
5The bill defines a “covered individual” and “qualified
6entity” in the same manner as the terms are defined under the
7federal Code, 34 U.S.C.§40104.
8The bill provides that a qualified entity shall submit
9fingerprints and other identifying information to the division
10of criminal investigation of the department on a form and in
11a manner as prescribed by the department and the department
12is, in turn, required to submit the information to the federal
13bureau of investigation.
14The bill provides that the department may require a
15qualified entity to pay a fee associated with a national
16criminal history record check. The fee is not to exceed the
17actual cost of the national criminal history record check.
18The bill provides that a national criminal history record
19check is a confidential record under Code section 22.7.
20The bill directs the department to adopt rules as necessary
21to administer the provisions of the bill pursuant to Code
22chapter 17A.
-2-hb/lh