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HB 1196

A BILL for an Act to amend and reenact section 12-60-24 of the North Dakota Century Code, relating to criminal history record checks.

69th Legislative Assembly (2025-26) Introduced by Matt Heilman and 5 co-sponsors

ND allows BCI to collect, fingerprint for FBI checks, and share nationwide criminal history data to determine eligibility for licenses, employment, or adoption.

Withdrawn from further consideration
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WeVote Research Nonpartisan
Bill Summary · HB 1196

Summary — HB 1196 (North Dakota) — Amendment to NDCC § 12‑60‑24 (Criminal history record checks)

Status: Withdrawn from further consideration
Introduced: November 12, 2024
Primary subject: Criminal history record checks (amend and reenact NDCC § 12‑60‑24)

Purpose / intent

The bill would update and reorganize North Dakota Century Code section 12‑60‑24 to clarify procedures, authorities, and information‑sharing rules for statewide and nationwide criminal history (FBI) checks. The statutory text revises consent, fingerprinting, submission, retention, disclosure, and timeliness requirements, and lists the state agencies and public entities authorized to request such checks.

Key provisions

  • Scope: Applies to any applicant, employee, registrant, or petitioner (including adoption or name‑change petitioners) who is required to undergo a criminal history record check to determine suitability for a permit, license, registration, employment, or adoption.
  • Consent and information required: The person subject to the check must provide written consent, two sets of fingerprints (taken by law enforcement or an authorized local agency), any other identifying information requested, and a statement as to prior convictions.
  • Submission and sole channel: Fingerprints are to be submitted to the North Dakota Bureau of Criminal Investigation (BCI), which will resubmit them to the FBI for nationwide checks. The BCI is designated as the sole state channel for FBI fingerprint submissions and responses.
  • Confidentiality: FBI criminal history information obtained remains confidential unless otherwise provided by law.
  • Fees: Individuals or agencies that take fingerprints may charge a reasonable fee to offset fingerprinting costs. The BCI may also charge appropriate fees for criminal history information.
  • Retention and notice: At an agency’s request, BCI (and the FBI) may retain fingerprints and related identifying information; subjects must be notified if retention occurs.
  • Interstate sharing: BCI may provide results to another state’s identification bureau/central repository when that state requests results and has equivalent legal authority to request statewide and nationwide checks.
  • Timeliness: BCI must provide the requesting agency the FBI response and any available state criminal history information within three days after completion of the check.
  • Enumerated requestors: The bill enumerates many public entities authorized to request checks (examples in the text include city/county occupational applicants, agriculture commissioner for hemp licenses, the education licensing board, medical board, private investigative/security board, Department of Health & Human Services for foster/adoption purposes, public peace officer training schools, Job Service ND, Bank of North Dakota, retirement/finance offices, etc.). (The printed text lists numerous specific statutory users and is partially truncated in the source provided.)

Who would be affected

  • Individuals required to undergo criminal history checks for licensure, employment, registration, adoption, or other statutory purposes in North Dakota (applicants, employees, registrants, petitioners).
  • State and local agencies that request, receive, or act on criminal history information (BCI, licensing boards, DHHS, law enforcement training schools, Job Service, banks, etc.).
  • Local entities or vendors performing fingerprinting (allowed to charge reasonable fees).

Procedural / timeline notes

  • The bill text would take effect on enactment/implementation per the bill language (the source text does not show a delayed effective date for this section).
  • According to the Bill Information header provided with your request, HB 1196 was withdrawn from further consideration (filed Nov 12, 2024; withdrawn Jan 23, 2025). As withdrawn, it did not advance into law.

If you want, I can:
- Extract and list the full set of named agencies in the bill text (the source provided is partially truncated), or
- Compare this proposed language to the current NDCC § 12‑60‑24 to highlight exact additions/changes.

Compiled from official sources — confirm details with the bill’s official record.

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