HB1381 (2006) Detail

Requiring the department of environmental services to do a criminal background check on any applicant for a permit.


HB 1381 – AS INTRODUCED

2006 SESSION

06-2498

06/09

HOUSE BILL 1381

AN ACT requiring the department of environmental services to do a criminal background check on any applicant for a permit.

SPONSORS: Rep. Owen, Merr 4; Rep. Phinizy, Sull 5

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill requires the department of environmental services to do a criminal background check on any applicant for a permit.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2498

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT requiring the department of environmental services to do a criminal background check on any applicant for a permit.

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

1 Office of the Commissioner; Public Information and Permitting; Criminal Background Check Required. Amend RSA 21-O:12, IV to read as follows:

IV.(a) Public information and permitting shall include all initial public contact relative to permits and applications; furnishing members of the general public with all permit applications and information needed for any project which comes under the jurisdiction of the department, as well as information as to federal or local permits which may be required; assisting members of the general public, whenever possible, to fill out permit applications by directing them to the appropriate person within the relevant division of the department; and generally providing members of the general public with all of the information necessary for meeting permit requirements, including information as to where to find the relevant federal laws and regulations, rules, and municipal ordinances.

(b) The department shall require a criminal history record check of any applicant for any air, soil, or water permit that as part of the permit authorizes the discharge, storage, or emission of any pollutant into or onto the air, water, or soil which shall be conducted in accordance with this section:

(1) All applicants for a permit shall submit notarized criminal history record release forms to the department.

(2) In addition to any other requirements established by law, the submittal of forms pursuant to subparagraph (1) shall be a prerequisite to a permit, and no person shall receive a permit who has not complied with subparagraph (1).

(3) All criminal history record release forms executed by applicants for a permit shall be submitted to the New Hampshire division of state police for the purpose of utilizing the files and records of the division of state police and the Federal Bureau of Investigation. The division of state police shall conduct a criminal history record check for any applicant for a permit, and process it through the Federal Bureau of Investigation.

(4) All costs arising from the processing of criminal history record check pursuant to the provisions of this section shall be borne by the applicant. The costs shall be limited to the actual direct and indirect costs arising from the processing of the criminal history record check. Payment for all costs shall be submitted by the applicant as part of the application for a permit.

(5) No applicant who is a convicted felon shall be issued a permit.

(c)(1) The department shall review all currently valid permits for compliance within 3 years of the effective date of this subparagraph. Permits shall expire 3 years after the effective date of this paragraph and may be renewed for another 3 years. The provisions of subparagraph (b) shall apply to permit renewal.

(2) All new permits shall be issued for 3 years and may be renewed. Before a permit is renewed, the department shall check for compliance with the terms of the expiring permit. The provisions of subparagraph (b) shall apply to renewal.

(3) Permit renewal shall be for the same fee as a new permit of the same type.

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