For the purposes of this chapter, the term:
(1) "Applicant" means an individual, or other person designated by the Commissioner by rule, applying for any of the following:
(A) An initial license as a resident insurance producer pursuant to Chapter 11A of this title, or public insurance adjuster pursuant to Chapter 16A of this title;
(B) A license or registration to be an agent, broker-dealer, investment adviser, or investment adviser representative pursuant to Chapter 56 of this title;
(C) A charter to open and operate a new bank pursuant to subchapter I of Chapter 7 of Title 26; or
(D) A license, charter, or registration, other than those designated in subparagraphs (A) through (C) of this paragraph, as designated by the Commissioner by rule.
(2) "Commissioner" means the Commissioner of the Department of Insurance, Securities, and Banking.
(3) "Fingerprint" means an impression of the lines on the finger taken for the purpose of identification. The impression may be electronic or in ink converted to an electronic format.
(June 20, 2012, D.C. Law 19-143, § 101, 59 DCR 4069.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 19-143, the "DISB Fingerprint-Based Background Check Authorization Act of 2012", was introduced in Council and assigned Bill No. 19-198, which was referred to the Committee on Public Services and Consumer Affairs. The Bill was adopted on first and second readings on March 6, 2012, and April 17, 2012, respectively. Signed by the Mayor on April 29, 2012, it was assigned Act No. 19-346 and transmitted to both Houses of Congress for its review. D.C. Law 19- 143 became effective on June 20, 2012.
(a) The Commissioner shall require state and national criminal history record background checks of each applicant for the purpose of determining eligibility for a license, registration, or charter. In order for the Commissioner to obtain and receive national criminal history records from the Federal Bureau of Investigation's Criminal Justice Information Services Division, the Commissioner shall require each applicant to submit a full set of fingerprints, including a scanned electronic or digital fingerprint or a hard copy fingerprint.
(b) The applicant shall bear the cost of administering and processing the fingerprinting and criminal history record background checks. The Commissioner shall establish, by rule, fees to cover the costs associated with the fingerprinting and criminal history record background checks.
(c) The Commissioner may contract for the collection and transmission of fingerprints authorized under this chapter, including any administrative functions related thereto.
(d) The Commissioner may exchange the fingerprints and other information with, and receive criminal history record background information from, the Metropolitan Police Department and the Federal Bureau of Investigation for the purpose of facilitating determinations regarding eligibility for licensure under this chapter. The Metropolitan Police Department may exchange this fingerprint data with the Federal Bureau of Investigation.
(June 20, 2012, D.C. Law 19-143, § 102, 59 DCR 4069.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-143, see notes under § 31-631.
(a) The Commissioner shall:
(1) Treat and maintain applicants' fingerprints and any criminal history record background information obtained under this chapter as confidential;
(2) Apply security measures consistent with the Criminal Justice Information Services Division of the Federal Bureau of Investigation's standards for the electronic storage of fingerprints and necessary identifying information; and
(3) Limit the use of records solely for the purposes authorized by this chapter.
(b) For the purposes of this chapter, any such records shall:
(1) Not be deemed to be a public record within the meaning of § 2-502(18);
(2) Not be subject to disclosure, except pursuant to a subpoena issued by order of a court of competent jurisdiction;
(3) Be kept confidential by law and privileged; and
(4) Not be subject to discovery or admissible in any private civil action.
(June 20, 2012, D.C. Law 19-143, § 103, 59 DCR 4069.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-143, see notes under § 31-631.
The Commissioner, pursuant to Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.
(June 20, 2012, D.C. Law 19-143, § 104, 59 DCR 4069.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-143, see notes under § 31-631.
