SF 91 – Pipeline Safety Violations
SF 143 – ABD Criminal history background checks
FLOOR ACTION:
SF 91 is a recommendation by the Utilities Division of the Iowa Department of Commerce. It increases the maximum penalties for violations relating to pipelines and underground gas storage so that Iowa stays in compliance with federal requirements. The Iowa Utilities Board (IUB) receives federal funding to administer the state’s pipeline safety program on behalf the Pipeline and Hazardous Materials Safety Administration. The legislation applies only to intrastate pipelines. Interstate lines are under federal jurisdiction. Currently, pipeline safety violations of Iowa law, rule or order pertaining to Chapter 479 are subject to a civil penalty levied by the IUB not to exceed $10,000 per violation per day or $500,000 per series. In response to federal requirements applicable to all states as part of more stringent national focus on public safety, the bill increases the maximum to $100,000 per day and $1 million for a series of violations. While this is an ongoing compliance issue, it is noted that the IUB has never assessed maximum penalties and, in most instances where violations are found by IUB inspectors, the utility takes corrective action and no penalty is assessed. [2/6: 48-0]
COMMITTEE ACTION:
SF 143/SSB 1049 allows the Alcoholic Beverages Division (ABD) of the Iowa Department of Commerce to conduct a national criminal history records check when it has reasonable cause to question the accuracy of information provided on a license or permit application. The National Crime Information Center (NCIC) is a computerized system maintained by the Federal Bureau of Investigation (FBI) that is available 24 hours a day to authorized federal, state and local law enforcement and criminal justice agencies.
Non-criminal justice agencies may access NCIC for use in connection with licensing or employment if given federal or state authorization. Currently, the Iowa Racing and Gaming Commission, Iowa Real Estate Commission and Iowa Banking Division have access. This legislation adds the ABD to that authorization to request a check. If the ABD finds reasonable cause, it will forward the information to the Division of Criminal Investigation (DCI) of the Iowa Department of Public Safety. The DCI processes the request to the FBI, obtains the results and provides a hardcopy to ABD. All records are maintained as confidential and fingerprints are not retained by any of the agencies once the search is complete. The ABD pays for the costs associated with the NCIC checks. A majority of states already are authorized to access NCIC records prior to issuing a liquor licenses and permits.
The bill makes conforming changes to include “micro-distilled spirits permits” under the requirements and procedures for applications for liquor control licenses and wine and beer permits. [2/5: short form]