SB154 (2005) Detail

Relative to costs of criminal and motor vehicle records checks required for employment.


SB 154-FN – AS INTRODUCED

2005 SESSION

05-0902

06/04

SENATE BILL 154-FN

AN ACT relative to costs of criminal and motor vehicle records checks required for employment.

SPONSORS: Sen. Clegg, Dist 14; Sen. Letourneau, Dist 19; Rep. Tholl, Coos 2

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill allows an employer to obtain the costs of criminal and motor vehicle records checks from applicants for employment.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0902

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to costs of criminal and motor vehicle records checks required for employment.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Payment for Medical Examination or Records Furnished; Criminal and Motor Vehicle Records Checks. Amend RSA 275:3 to read as follows:

275:3 Payment for Medical Examination or Records Furnished. It shall be unlawful for any employer, as defined in RSA 275:4, to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment, except that an employer may require an applicant for employment to reimburse the employer for the cost of obtaining a criminal history or motor vehicle record check for any position for which such a check is mandated by state or federal law as a condition of employment.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

05-0902

Revised 2/15/05

SB 154 FISCAL NOTE

AN ACT relative to costs of criminal and motor vehicle records checks required for employment.

FISCAL IMPACT:

The Municipal Association and the Association of Counties indicate that county and local revenue will increase by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on state, county and local expenditures or state revenue.

METHODOLOGY:

The Municipal Association states this bill would allow municipalities who are required by state or federal law to conduct a record check on certain job applicants to require the applicants to reimburse them for the costs of such record check. To the extent that municipalities are hiring for positions which require a criminal or motor vehicle record check, this proposal would result in an increase in local revenue. The exact amount of such increase is indeterminable.

The Association of Counties states that it is unable to determine the effects of this legislation. This legislation allows an employer to obtain the costs of criminal and motor vehicle checks from applicants for employment. While county governments require this type of background check for certain nursing home and law enforcement personnel, the legislation is enabling. It is unknown to what extent the ability to charge for such background checks would occur in each county.

The Department of Administrative Services states that since this bill essentially shifts the cost of paying for certain pre- and post-employment record checks from the employer to the employee, there would likely be a cost saving to many agencies if this bill applies to the state. However, the Department states that it understands the Department of Justice has furnished an opinion that RSA 275:4 excludes the state in its definition of “employer”. Thus, this bill has no fiscal impact on state agencies.

The Department of Safety states this legislation will allow an employer to obtain the costs of criminal and motor vehicle record checks from applicants for employment. This will not change the amount of revenue collected by the Department for the criminal and motor vehicle records checks; the only change will be who pays for such records checks. Therefore, there will be no fiscal impact to the state.

Links

SB154 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB154 Revision: 9210 Date: Jan. 21, 2010, midnight

Docket