Senate File 2397 - Introduced
SENATE FILE
BY COMMITTEE ON WAYS AND
MEANS
(SUCCESSOR TO SF 2301)
(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:
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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.
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