HB315 (2008) Detail

(New Title) relative to criminal background checks of prospective municipal employees through the division of state police.


CHAPTER 59

HB 315 – FINAL VERSION

02Jan2008… 2447h

04/10/08 1192s

2008 SESSION

07-0666

06/04

HOUSE BILL 315

AN ACT relative to criminal background checks of prospective municipal employees through the division of state police.

SPONSORS: Rep. Daniels, Hills 6; Rep. O’Connell, Hills 6; Rep. Leishman, Hills 6; Sen. Bragdon, Dist 11; Sen. Roberge, Dist 9

COMMITTEE: Municipal and County Government

AMENDED ANALYSIS

This bill allows municipalities to obtain background investigations and criminal history records checks on prospective employees through the division of state police.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02Jan2008… 2447h

04/10/08 1192s

07-0666

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to criminal background checks of prospective municipal employees through the division of state police.

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

59:1 New Section; Municipal Employee Background Investigations. Amend RSA 41 by inserting after section 9-a the following new section:

41:9-b Employee Candidate Background Checks.

I. The governing body of a town, or a town manager in a town which has adopted the provisions of RSA 37, may require a background investigation and a criminal history records check on any candidate for employment in a position in the town that requires the employee to work with or around children or elderly persons, enter the homes of citizens, or collect or manage money, prior to a final offer of employment. The town may extend a conditional offer of employment to a candidate, with a final offer of employment subject to a successfully completed criminal history records check.

II. A candidate for employment in a position which the governing body or town manager determines requires a background investigation and a criminal history records check shall submit to the town a notarized criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any. The candidate shall submit with the release form a complete set of fingerprints taken by a law enforcement agency as directed by the governing body or town manager. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the town may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years.

III. The town shall submit the criminal history records release form and applicant finger print card to the division of state police, which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the background investigation, the division of state police shall report any criminal conviction information to the town governing body or town manager. The town may submit information electronically, in accordance with procedures established by the division of state police. The town shall maintain the confidentiality and security of all criminal history records information received pursuant to this paragraph.

IV. The governing body may require the candidate to pay the actual costs of the background investigation and the criminal history records check.

V. In this section, “candidate for employment” shall include candidates for volunteer positions in the municipality.

59:2 Effective Date. This act shall take effect September 1, 2008.

Approved: May 21, 2008

Effective Date: September 1, 2008