CHAPTER 298
HB 1267-LOCAL – FINAL VERSION
03Mar2010… 0628h
02Jun2010… 2295cofc
02Jun2010… 2430eba
2010 SESSION
08/04
HOUSE BILL 1267-LOCAL
AN ACT relative to applications for hawkers and peddlers licenses.
SPONSORS: Rep. Gandia, Hills 27
COMMITTEE: Municipal and County Government
This bill enables municipalities to require hawkers, peddlers, and certain vendors to submit to a state and federal criminal background check.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03Mar2010… 0628h
02Jun2010… 2295cofc
02Jun2010… 2430eba
10-2480
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to applications for hawkers and peddlers licenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
298:1 Hawkers and Peddlers Licenses; Penalties. Amend the introductory paragraph of RSA 31:102-a to read as follows:
31:102-a Hawkers, Peddlers and Vendors. The governing board of a city, town or village district may adopt, by ordinance or regulation, provisions for the licensure and regulation of itinerant vendors, hawkers, peddlers, traders, farmers, merchants, or other persons who sell, offer to sell, or take orders for merchandise from temporary or transient sales locations within a town or who go from town to town or place to place within a town for such purposes. Any person who violates any provision of such ordinance or regulation shall be guilty of a [violation] class B misdemeanor, and each continuing day of violation after notice shall constitute a separate offense. A city, town, or village district shall be specifically prohibited, however, from licensing or regulating a candidate for public office in the process of obtaining signatures on nomination papers, who seeks to have the candidate’s name placed on the ballot for the state general election by submitting nomination papers under RSA 655:40. Provisions adopted under this section shall be in addition to any requirements imposed by the state under either RSA 320 or RSA 321 and may include, but shall not be limited to:
298:2 New Section; Background Checks for Certain Vendors. Amend RSA 31 by inserting after section 102-a the following new section:
31:102-b Background Checks for Certain Vendors.
I. Any municipality may require persons who go from door to door, place to place within a town, or town to town, who sell, offer to sell, or take orders for merchandise or offer to perform personal services for household repairs or improvements, to submit to a state records check only, or both a federal and state records check. Municipalities that require a criminal history records check shall have such person submit to the municipality 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. To obtain a federal records check, such person shall also submit to the municipality, with the release form, a complete set of fingerprints.
II. For a state and federal criminal records check, the municipality shall request that such person submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. The municipality shall submit the criminal history records release form and inked fingerprint card to the division of state police which shall conduct a criminal records check through its records and through the Federal Bureau of Investigation. Fingerprints taken digitally by Live Scan or similar device shall be transmitted directly to the New Hampshire division of state police. In the event that the first set of fingerprints is invalid due to insufficient pattern, the municipality may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 10 years. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the local law enforcement agency of the municipality which shall maintain the confidentiality of all criminal history records information received pursuant to this section. The municipality may charge a fee to recover the costs of such investigation.
III. To obtain a state records check only, the municipality shall submit a state criminal history records release form, completed by such person, to the division of state police.
IV. Such person shall also include the location of all municipalities in which such person seeks to transact business. Such municipalities, in accordance with their licensing requirements, shall have access to the results of the criminal history records check and the New Hampshire division of state police shall release copies of the criminal history records to such municipalities. Such person shall be responsible for any additional fees for any administrative costs incurred by the New Hampshire division of state police under this section.
298:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 13, 2010
Effective Date: September 11, 2010