Bill Text: IA SF2301 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the collection of fees and the performance of background investigations under the medical cannabidiol Act, and including effective date provisions. (Formerly SSB 3122; See SF 2397.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-03-12 - Subcommittee recommends passage. [SF2301 Detail]
Download: Iowa-2017-SF2301-Introduced.html
Senate File 2301 - Introduced SENATE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 3122) A BILL FOR 1 An Act relating to the collection of fees and the performance 2 of background investigations under the medical cannabidiol 3 Act, and including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5205SV (1) 87 ss/rh PAG LIN 1 1 Section 1. Section 124E.7, subsections 7 and 8, Code 2018, 1 2 are amended to read as follows: 1 3 7. A medical cannabidiol manufacturer shall not employ 1 4 a person who is under eighteen years of age or who has been 1 5 convicted of a disqualifying felony offense. An employee 1 6 of a medical cannabidiol manufacturer shall be subject to a 1 7 background investigation conducted by the division of criminal 1 8 investigation of the department of public safety and a national 1 9 criminal history background check pursuant to section 124E.19. 1 10 8. A medical cannabidiol manufacturer owner shall not have 1 11 been convicted of a disqualifying felony offense and shall be 1 12 subject to a background investigation conducted by the division 1 13 of criminal investigation of the department of public safety 1 14 and a national criminal history background check pursuant to 1 15 section 124E.19. 1 16 Sec. 2. Section 124E.9, subsections 7 and 8, Code 2018, are 1 17 amended to read as follows: 1 18 7. A medical cannabidiol dispensary shall not employ a 1 19 person who is under eighteen years of age or who has been 1 20 convicted of a disqualifying felony offense. An employee 1 21 of a medical cannabidiol dispensary shall be subject to a 1 22 background investigation conducted by the division of criminal 1 23 investigation of the department of public safety and a national 1 24 criminal history background check pursuant to section 124E.19. 1 25 8. A medical cannabidiol dispensary owner shall not have 1 26 been convicted of a disqualifying felony offense and shall be 1 27 subject to a background investigation conducted by the division 1 28 of criminal investigation of the department of public safety 1 29 and a national criminal history background check pursuant to 1 30 section 124E.19. 1 31 Sec. 3. Section 124E.10, Code 2018, is amended by striking 1 32 the section and inserting in lieu thereof the following: 1 33 124E.10 Fees. 1 34 All fees collected by the department under this chapter 1 35 shall be retained by the department for operation of the 2 1 medical cannabidiol registration card program and the medical 2 2 cannabidiol manufacturer and medical cannabidiol dispensary 2 3 licensing programs. The moneys retained by the department 2 4 shall be considered repayment receipts as defined in section 2 5 8.2 and shall be used for any of the department's duties 2 6 under this chapter, including but not limited to the addition 2 7 of full=time equivalent positions for program services and 2 8 investigations. Notwithstanding section 8.33, moneys retained 2 9 by the department pursuant to this section shall not revert to 2 10 the general fund of the state. 2 11 Sec. 4. NEW SECTION. 124E.19 Background investigations. 2 12 1. The division of criminal investigation of the 2 13 department of public safety shall conduct thorough 2 14 background investigations for the purposes of licensing 2 15 medical cannabidiol manufacturers and medical cannabidiol 2 16 dispensaries under this chapter. The results of any background 2 17 investigation conducted pursuant to this section shall be 2 18 presented to the department. 2 19 a. An applicant for a medical cannabidiol manufacturer 2 20 license or a medical cannabidiol dispensary license and their 2 21 owners, investors, and employees shall submit all required 2 22 information on a form prescribed by the department of public 2 23 safety. 2 24 b. The department shall charge an applicant for a medical 2 25 cannabidiol manufacturer license or a medical cannabidiol 2 26 dispensary license a fee determined by the department of public 2 27 safety and adopted by the department by rule to defray the 2 28 costs associated with background investigations conducted 2 29 pursuant to the requirements of this section. The fee shall 2 30 be in addition to any other fees charged by the department. 2 31 The fee may be retained by the department of public safety and 2 32 shall be considered repayment receipts as defined in section 2 33 8.2. 2 34 2. The department shall require an applicant for a medical 2 35 cannabidiol manufacturer license or a medical cannabidiol 3 1 dispensary license, their owners and investors, and applicants 3 2 for employment at a medical cannabidiol manufacturer or 3 3 medical cannabidiol dispensary to submit fingerprints and other 3 4 required identifying information to the department on a form 3 5 prescribed by the department of public safety. The department 3 6 shall submit the fingerprint cards and other identifying 3 7 information to the division of criminal investigation of the 3 8 department of public safety for submission to the federal 3 9 bureau of investigation for the purpose of conducting a 3 10 national criminal history record check. The department may 3 11 require employees and contractors involved in carrying out 3 12 a background investigation to submit fingerprints and other 3 13 identifying information for the same purpose. 3 14 3. The department may enter into a chapter 28E agreement 3 15 with the department of public safety to meet the requirements 3 16 of this section. 3 17 4. An applicant for a medical cannabidiol manufacturer 3 18 license or a medical cannabidiol dispensary license shall 3 19 submit information and fees required by this section at the 3 20 time of application. 3 21 5. The results of background investigations conducted 3 22 pursuant to this section shall not be considered public records 3 23 under chapter 22. 3 24 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 3 25 immediate importance, takes effect upon enactment. 3 26 EXPLANATION 3 27 The inclusion of this explanation does not constitute agreement with 3 28 the explanation's substance by the members of the general assembly. 3 29 This bill relates to the collection of fees and the 3 30 performance of background investigations under the medical 3 31 cannabidiol Act (Code chapter 124E). 3 32 The bill provides that, with respect to fees collected by 3 33 the department of public health pursuant to Code chapter 124E, 3 34 the department shall use such fees for the operation of the 3 35 medical cannabidiol registration card program and the medical 4 1 cannabidiol manufacturer and medical cannabidiol dispensary 4 2 licensing programs. Any remaining funds are to be used to 4 3 administer any of the department's duties under Code chapter 4 4 124E, including the addition of full=time equivalent positions 4 5 for program services and investigations. Funds retained by the 4 6 department pursuant to the bill are not subject to reversion to 4 7 the general fund of the state. 4 8 The bill directs the division of criminal investigation 4 9 of the department of public safety to conduct background 4 10 investigations of applicants for medical cannabidiol 4 11 manufacturer and medical cannabidiol dispensary licenses, 4 12 including employees, owners of, and investors in, any such 4 13 applicants. The division of criminal investigation of 4 14 the department of public safety shall prescribe by rule 4 15 the information that must be submitted as part of such 4 16 investigations. Applicants must pay a fee, to be determined by 4 17 the department of public safety and adopted by the department 4 18 of public health by rule, to the department of public safety 4 19 to defray the costs of background investigations. The fee 4 20 must be submitted, along with any required information, 4 21 at the time of application. In addition to the background 4 22 investigation, the department of public safety must require 4 23 applicants, their employees, and their owners and investors to 4 24 submit fingerprints and other identifying information to the 4 25 department for submittal to the federal bureau of investigation 4 26 for the purpose of conducting a national criminal history 4 27 record check. The department of public safety shall collect 4 28 fees to offset the costs associated with the background 4 29 investigations and the criminal history record checks. 4 30 The bill becomes effective upon enactment. LSB 5205SV (1) 87 ss/rh