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House File 681 - 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 use authority conferred under the
27National Child Protection Act, as codified in 34 U.S.C. §40104,
28in conducting national criminal history record checks on
29covered individuals.
305. The department may require a qualified entity to pay a
31fee associated with a national criminal history record check.
32The fee shall not exceed the actual cost of the national
33criminal history record check.
346. The results of national criminal history record checks
35are a confidential record under section 22.7.
-1- 17. The department shall adopt rules as necessary for the
2administration of this section pursuant to chapter 17A.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill provides that a qualified entity may request a
7national criminal history record check on covered individuals
8through the department of public safety.
9The bill defines a “covered individual” and “qualified
10entity” in the same manner as the terms are defined under the
11federal Code, 34 U.S.C.§40104.
12The bill provides that a qualified entity shall submit
13fingerprints and other identifying information to the division
14of criminal investigation of the department on a form and in
15a manner as prescribed by the department and the department
16is, in turn, required to submit the information to the federal
17bureau of investigation.
18The bill provides that the department may use authority
19conferred under the National Child Protection Act in conducting
20national criminal history record checks on covered individuals.
21The bill provides that the department may require a
22qualified entity to pay a fee associated with a national
23criminal history record check. The fee is not to exceed the
24actual cost of the national criminal history record check.
25The bill provides that a national criminal history record
26check is a confidential record under Code section 22.7.
27The bill directs the department to adopt rules as necessary
28to administer the provisions of the bill pursuant to Code
29chapter 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 use authority conferred under the
27National Child Protection Act, as codified in 34 U.S.C. §40104,
28in conducting national criminal history record checks on
29covered individuals.
305. The department may require a qualified entity to pay a
31fee associated with a national criminal history record check.
32The fee shall not exceed the actual cost of the national
33criminal history record check.
346. The results of national criminal history record checks
35are a confidential record under section 22.7.
-1- 17. The department shall adopt rules as necessary for the
2administration of this section pursuant to chapter 17A.
3EXPLANATION
4The inclusion of this explanation does not constitute agreement with
5the explanation’s substance by the members of the general assembly.
6This bill provides that a qualified entity may request a
7national criminal history record check on covered individuals
8through the department of public safety.
9The bill defines a “covered individual” and “qualified
10entity” in the same manner as the terms are defined under the
11federal Code, 34 U.S.C.§40104.
12The bill provides that a qualified entity shall submit
13fingerprints and other identifying information to the division
14of criminal investigation of the department on a form and in
15a manner as prescribed by the department and the department
16is, in turn, required to submit the information to the federal
17bureau of investigation.
18The bill provides that the department may use authority
19conferred under the National Child Protection Act in conducting
20national criminal history record checks on covered individuals.
21The bill provides that the department may require a
22qualified entity to pay a fee associated with a national
23criminal history record check. The fee is not to exceed the
24actual cost of the national criminal history record check.
25The bill provides that a national criminal history record
26check is a confidential record under Code section 22.7.
27The bill directs the department to adopt rules as necessary
28to administer the provisions of the bill pursuant to Code
29chapter 17A.
-2-hb/lh