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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1662 By: Gollihare
AS INTRODUCED
An Act relating to the Oklahoma State Bureau of
Investigation; defining terms; authorizing the
Director of the Oklahoma State Bureau of
Investigation to develop certain procedures related
to requests for certain record checks; stating
criteria for such requests ; requiring submission of
fingerprints for certain determination; determining
responsibility of certain entity to provide certain
decision; authorizing application to certain
individuals and entities; provid ing certain
construction; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 150.9.2 of Title 74, unless
there is created a duplication in numbering, reads as follows:
A. For purposes of this section, the following terms are
defined as follows:
1. “Authorized agency” means the agency designated by statute
to report, receive, or disseminate a state or national criminal
history record check;
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2. “Child” means a person who is a under the age of eighteen
(18) years;
3. “Care” means the provision of care, treatment, education,
training, instruction, superv ision, or recreation to children, the
elderly, or individuals with disabilities;
4. “Covered individual” means a person who:
a. has, seeks to have, or m ay have access to children,
the elderly, or individuals with disabilities, served
by a qualified entity , and
b. (1) is employed by or volunteers with, or seeks to be
employed by or volunteer with, a qualified
entity, or
(2) owns or operates, or seeks to own or operat e, a
qualified entity;
5. “Employed by” means to be paid to provide or seek to provide
care services for a qualified entity, regardless of being paid
directly by the qualified entity or by an entity con tracted by the
qualified entity to provide care;
6. “Individuals with disabilities ” means persons with a mental
or physical impairment who require assistance to perform one or more
daily living tasks;
7. “National criminal histor y record check system” means the
criminal history record system maintained by the Federal Bureau of
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Investigation (FBI) based on fingerprint identification or any other
method of positive identification; and
8. “Qualified entity” means a business or organization whether
public, private, for -profit, not-for-profit, or voluntary, that
provides care or care placem ent services, including a business or
organization that licenses or certifi es others to provide care or
care placement services .
B. The Director of the Ok lahoma State Bureau of Investigation
(OSBI) shall develop procedures in accordance with the federal
National Child Protection Act of 1993 and the federal Volunteers for
Children Act to enable a qualified entity to request a state and
national criminal history record check to determine whether a
covered individual is the subject of a ny child abuse crime.
C. The request for a state and national criminal history record
check shall be made by:
1. Electronically submitting the fingerprints of the covered
individual to the OSBI as directed by the authorized agency; and
2. Submitting to the authorized agency a copy of a statement
signed by the covered ind ividual that includes:
a. a waiver permitting the qualified entity to request
and receive a criminal history record check for the
purpose of determining the qualification and fitness
of a person to serve as a covered individual;
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b. the name, address, and date of birth of the covered
individual as it appears on a valid identification
document;
c. a disclosure of whether the individual has ever been
convicted of or is the subject of pending charges for
a criminal offense and, if convicted, a d escription of
the crime and the result of the conviction; and
d. a notice to the individual that he or she is entitled
to obtain a copy of the criminal history record check
to verify the accuracy and complete ness of any
information contained in such report before a
determination is made by the qualif ied entity.
D. An authorized agency shall require a qualified entity to
obtain fingerprints from a covered individual and to sub mit the
fingerprints to the OSBI and the FBI for a state and national
criminal history record check. The OSBI shall use the fingerprints
to identify the individual and to determine whether he or she has a
record of criminal history in this state or other jurisdictions or
countries. The OSBI will provide r esults of the criminal history
record check to the authorized agency. The authorized agency may
use the information obtained from the fingerp rints and such state
and national criminal history record checks in the official
determination of the qualificatio ns and fitness of the person to
serve as a covered individual.
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E. The authorized agency shall be solely responsible for making
any determination that a criminal history record of a person shows
that such person has been convicted of a crime that bears upo n the
fitness of such person to serve as a provider. Th is section does
not require the OSBI to make such a determination on behalf of any
authorized agency.
F. This section shall only apply to covered individuals and
qualified entities as defined in this section. This section shall
not be construed to replace, supersede, or in any way affect any
state law that requires a national criminal history record check,
prescribes procedures for a national criminal history record check
required by state law, or pr ecludes an individual from employment
based on the results of a national crimin al history record check
required by state law.
SECTION 2. This act shall become effective November 1, 2024.
59-2-2810 CN 1/16/2024 12:56:13 PM