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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED SENATE
BILL NO. 1662 By: Gollihare of the Senate
and
Duel of the House
An Act relating to the Oklahoma State Bureau of
Investigation; defining terms; authorizing the
Director of the Oklahoma State Bureau of
Investigation to develop cer tain 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; providing 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:
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1. “Authorized agency” means the agency designated by statute
to report, receive, or disseminate a state or national criminal
history record check;
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, supervision, or recreation to children, the
elderly, or individuals with disabilities;
4. “Covered individual” means a person who:
a. has, seeks to have, or may have access to children,
the elderly, or individuals with disabilities, serve d
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 operate, 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 contracted 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;
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7. “National criminal history record check system” means the
criminal history record system maintained by the Federal Bureau of
Investigation (FBI) based on fingerprint identi fication 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 placement services, including a business or
organization that licenses or certifies others to provide care or
care placement services .
B. The Director of the Oklahoma State Burea u 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 any 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 individual that includes:
a. a waiver permitting the qualified entity to request
and receive a criminal history record check for the
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purpose of determining the qualification and fitness
of a person to serve as a covered individual ,
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 individ ual has ever been
convicted of or is the subject of pending charges for
a criminal offense and, if convicted, a descriptio n 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 completeness of any
information contained in such report before a
determination is made by the qualified entity.
D. An authorized agency shall require a qualified entity to
obtain fingerprints from a covered individual and to submit 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 s tate or other jurisdictions or
countries. The OSBI will provide results of the criminal history
record check to the authorized agency. The authorized agency may
use the information obtained from the fingerprints and such state
and national criminal history record checks in the official
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determination of the qualifications and fitness of the person to
serve as a covered individual.
E. The authorized agency shall be solely responsible for making
any determination that a criminal history record of a person s hows
that such person has been convicted of a crime that bears upon the
fitness of such person to serve a s a provider. This 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 n ational criminal history record check
required by state law, or precludes an individual from employment
based on the results of a national criminal history record check
required by state law.
SECTION 2. This act shall beco me effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 04/02/2024 -
DO PASS.