Bill Text: IA SSB3122 | 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.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-07 - Subcommittee recommends passage. [SSB3122 Detail]
Download: Iowa-2017-SSB3122-Introduced.html
Senate
Study
Bill
3122
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
HEALTH
BILL)
A
BILL
FOR
An
Act
relating
to
the
collection
of
fees
and
the
performance
1
of
background
investigations
under
the
medical
cannabidiol
2
Act,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
124E.7,
subsections
7
and
8,
Code
2018,
1
are
amended
to
read
as
follows:
2
7.
A
medical
cannabidiol
manufacturer
shall
not
employ
3
a
person
who
is
under
eighteen
years
of
age
or
who
has
been
4
convicted
of
a
disqualifying
felony
offense.
An
employee
5
of
a
medical
cannabidiol
manufacturer
shall
be
subject
to
a
6
background
investigation
conducted
by
the
division
of
criminal
7
investigation
of
the
department
of
public
safety
and
a
national
8
criminal
history
background
check
pursuant
to
section
124E.19
.
9
8.
A
medical
cannabidiol
manufacturer
owner
shall
not
have
10
been
convicted
of
a
disqualifying
felony
offense
and
shall
be
11
subject
to
a
background
investigation
conducted
by
the
division
12
of
criminal
investigation
of
the
department
of
public
safety
13
and
a
national
criminal
history
background
check
pursuant
to
14
section
124E.19
.
15
Sec.
2.
Section
124E.9,
subsections
7
and
8,
Code
2018,
are
16
amended
to
read
as
follows:
17
7.
A
medical
cannabidiol
dispensary
shall
not
employ
a
18
person
who
is
under
eighteen
years
of
age
or
who
has
been
19
convicted
of
a
disqualifying
felony
offense.
An
employee
20
of
a
medical
cannabidiol
dispensary
shall
be
subject
to
a
21
background
investigation
conducted
by
the
division
of
criminal
22
investigation
of
the
department
of
public
safety
and
a
national
23
criminal
history
background
check
pursuant
to
section
124E.19
.
24
8.
A
medical
cannabidiol
dispensary
owner
shall
not
have
25
been
convicted
of
a
disqualifying
felony
offense
and
shall
be
26
subject
to
a
background
investigation
conducted
by
the
division
27
of
criminal
investigation
of
the
department
of
public
safety
28
and
a
national
criminal
history
background
check
pursuant
to
29
section
124E.19
.
30
Sec.
3.
Section
124E.10,
Code
2018,
is
amended
by
striking
31
the
section
and
inserting
in
lieu
thereof
the
following:
32
124E.10
Fees.
33
All
fees
collected
by
the
department
under
this
chapter
34
shall
be
retained
by
the
department
for
operation
of
the
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medical
cannabidiol
registration
card
program
and
the
medical
1
cannabidiol
manufacturer
and
medical
cannabidiol
dispensary
2
licensing
programs.
The
moneys
retained
by
the
department
3
shall
be
considered
repayment
receipts
as
defined
in
section
4
8.2
and
shall
be
used
for
any
of
the
department’s
duties
5
under
this
chapter,
including
but
not
limited
to
the
addition
6
of
full-time
equivalent
positions
for
program
services
and
7
investigations.
Notwithstanding
section
8.33,
moneys
retained
8
by
the
department
pursuant
to
this
section
shall
not
revert
to
9
the
general
fund
of
the
state.
10
Sec.
4.
NEW
SECTION
.
124E.19
Background
investigations.
11
1.
The
division
of
criminal
investigation
of
the
12
department
of
public
safety
shall
conduct
thorough
13
background
investigations
for
the
purposes
of
licensing
14
medical
cannabidiol
manufacturers
and
medical
cannabidiol
15
dispensaries
under
this
chapter.
The
results
of
any
background
16
investigation
conducted
pursuant
to
this
section
shall
be
17
presented
to
the
department.
18
a.
An
applicant
for
a
medical
cannabidiol
manufacturer
19
license
or
a
medical
cannabidiol
dispensary
license
and
their
20
owners,
investors,
and
employees
shall
submit
all
required
21
information
on
a
form
prescribed
by
the
department
of
public
22
safety.
23
b.
The
department
shall
charge
an
applicant
for
a
medical
24
cannabidiol
manufacturer
license
or
a
medical
cannabidiol
25
dispensary
license
a
fee
determined
by
the
department
of
public
26
safety
and
adopted
by
the
department
by
rule
to
defray
the
27
costs
associated
with
background
investigations
conducted
28
pursuant
to
the
requirements
of
this
section.
The
fee
shall
29
be
in
addition
to
any
other
fees
charged
by
the
department.
30
The
fee
may
be
retained
by
the
department
of
public
safety
and
31
shall
be
considered
repayment
receipts
as
defined
in
section
32
8.2.
33
2.
The
department
shall
require
an
applicant
for
a
medical
34
cannabidiol
manufacturer
license
or
a
medical
cannabidiol
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dispensary
license,
their
owners
and
investors,
and
applicants
1
for
employment
at
a
medical
cannabidiol
manufacturer
or
2
medical
cannabidiol
dispensary
to
submit
fingerprints
and
other
3
required
identifying
information
to
the
department
on
a
form
4
prescribed
by
the
department
of
public
safety.
The
department
5
shall
submit
the
fingerprint
cards
and
other
identifying
6
information
to
the
division
of
criminal
investigation
of
the
7
department
of
public
safety
for
submission
to
the
federal
8
bureau
of
investigation
for
the
purpose
of
conducting
a
9
national
criminal
history
record
check.
The
department
may
10
require
employees
and
contractors
involved
in
carrying
out
11
a
background
investigation
to
submit
fingerprints
and
other
12
identifying
information
for
the
same
purpose.
13
3.
The
department
may
enter
into
a
chapter
28E
agreement
14
with
the
department
of
public
safety
to
meet
the
requirements
15
of
this
section.
16
4.
An
applicant
for
a
medical
cannabidiol
manufacturer
17
license
or
a
medical
cannabidiol
dispensary
license
shall
18
submit
information
and
fees
required
by
this
section
at
the
19
time
of
application.
20
5.
The
results
of
background
investigations
conducted
21
pursuant
to
this
section
shall
not
be
considered
public
records
22
under
chapter
22.
23
Sec.
5.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
24
immediate
importance,
takes
effect
upon
enactment.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
the
collection
of
fees
and
the
29
performance
of
background
investigations
under
the
medical
30
cannabidiol
Act
(Code
chapter
124E).
31
The
bill
provides
that,
with
respect
to
fees
collected
by
32
the
department
of
public
health
pursuant
to
Code
chapter
124E,
33
the
department
shall
use
such
fees
for
the
operation
of
the
34
medical
cannabidiol
registration
card
program
and
the
medical
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cannabidiol
manufacturer
and
medical
cannabidiol
dispensary
1
licensing
programs.
Any
remaining
funds
are
to
be
used
to
2
administer
any
of
the
department’s
duties
under
Code
chapter
3
124E,
including
the
addition
of
full-time
equivalent
positions
4
for
program
services
and
investigations.
Funds
retained
by
the
5
department
pursuant
to
the
bill
are
not
subject
to
reversion
to
6
the
general
fund
of
the
state.
7
The
bill
directs
the
division
of
criminal
investigation
8
of
the
department
of
public
safety
to
conduct
background
9
investigations
of
applicants
for
medical
cannabidiol
10
manufacturer
and
medical
cannabidiol
dispensary
licenses,
11
including
employees,
owners
of,
and
investors
in,
any
such
12
applicants.
The
division
of
criminal
investigation
of
13
the
department
of
public
safety
shall
prescribe
by
rule
14
the
information
that
must
be
submitted
as
part
of
such
15
investigations.
Applicants
must
pay
a
fee,
to
be
determined
by
16
the
department
of
public
safety
and
adopted
by
the
department
17
of
public
health
by
rule,
to
the
department
of
public
safety
18
to
defray
the
costs
of
background
investigations.
The
fee
19
must
be
submitted,
along
with
any
required
information,
20
at
the
time
of
application.
In
addition
to
the
background
21
investigation,
the
department
of
public
safety
must
require
22
applicants,
their
employees,
and
their
owners
and
investors
to
23
submit
fingerprints
and
other
identifying
information
to
the
24
department
for
submittal
to
the
federal
bureau
of
investigation
25
for
the
purpose
of
conducting
a
national
criminal
history
26
record
check.
The
department
of
public
safety
shall
collect
27
fees
to
offset
the
costs
associated
with
the
background
28
investigations
and
the
criminal
history
record
checks.
29
The
bill
becomes
effective
upon
enactment.
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