Revision: Dec. 15, 2009, midnight
HB 1600-FN – AS INTRODUCED
2010 SESSION
09/04
HOUSE BILL 1600-FN
AN ACT allowing any person to request conviction information regarding public officials.
SPONSORS: Rep. Ulery, Hills 27
COMMITTEE: Criminal Justice and Public Safety
This bill allows any person to request conviction information regarding public officials from 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2066
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT allowing any person to request conviction information regarding public officials.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Criminal Records. Amend the introductory paragraph of RSA 106-B:14, I to read as follows:
I. With the approval of the commissioner of safety, the director shall adopt rules under RSA 541-A as may be necessary to secure records and other information relative to persons who have been convicted of a felony, misdemeanor or violation within the state, or who are known to be habitual criminals, or who have been placed under arrest in criminal proceedings. The term “violation” as used in this section shall apply only to violations committed under title LXII. Notwithstanding RSA 91-A, such records and information, including but not limited to dissemination logs, shall not be open to the inspection of any person except those who may be authorized to inspect the same by the director and except as provided in RSA 106-B:14-c, as follows:
2 New Section; Availability of Conviction Information Regarding Public Officials. Amend RSA 106-B by inserting after section 14-b the following new section:
106-B:14-c Availability of Conviction Information Regarding Public Officials.
I. In this section:
(a) “Administration of criminal justice” means performing functions of investigation, apprehension, detention, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. “Administration of criminal justice” also includes criminal identification activities and the collection, maintenance, and dissemination of criminal justice information.
(b) “Agency director” means any commissioner, division director, or other agency head. “Agency director” includes, without limitation, a person serving as an interim or acting commissioner, division director, or other agency head of state government.
(c) “Conviction information” means criminal history information disclosing that a person has pleaded guilty or nolo contendere to, or was found guilty of, a criminal offense in a court of law, together with sentencing information.
(d) “Elected official” means a person elected by qualified electors to a municipal, county, or state office or as a member of a school district board. “Elected official” includes, without limitation, a person elected to the office of constable.
(e) “Sealed or expunged” means that the record in question is sealed, sequestered, and treated as confidential as provided by law, including a pardon issued by the governor.
II. Conviction information shall be made available to a person requesting the conviction information of:
(a) An elected official.
(b) A candidate to serve as an elected official. For purposes of this section, a person becomes a candidate to serve as an elected official when he or she files the documents required for candidacy as the elected official at issue.
(c) An agency director.
III. Conviction information under this section does not include a record of an offense that is sealed or expunged.
IV. Any fee for copies of conviction information under this section shall not exceed the actual costs of reproduction, including the costs of the medium of reproduction, supplies, equipment, and maintenance, but not including existing agency personnel time associated with searching for, retrieving, reviewing, or copying the conviction information. The fee may include the actual cost of mailing or transmitting the information by facsimile or other electronic means. A person requesting conviction information under this section shall receive an itemized breakdown of charges upon request.
V.(a) A person requesting conviction information under this section shall submit at the time of his or her request documentation that verifies that the person whose conviction information is requested is an elected official, a candidate to serve as an elected official, or an agency director.
(b) Documentation under this section is limited to:
(1) A statement of financial interest or any other document that is signed, dated, and notarized by the elected official, a candidate to serve as an elected official, or an agency director and filed with a state governmental agency; or
(2) A document created by an agency, division, or department of state government reflecting that an individual is an elected official or an agency director.
(c) Documentation under this section shall have been created:
(1) On or after January 1, 2012; and
(2) Within one year of the date of the request for the conviction information.
VI. Requests for conviction information under this section shall be made to the division of state police. The division of state police shall maintain a record of all persons requesting conviction information under this section. The consent of an elected official, a candidate to serve as an elected official, or an agency director is not required for the provision of conviction information under this section.
3 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2066
12/10/09
BH 1600-FN - FISCAL NOTE
AN ACT allowing any person to request conviction information regarding public officials.
FISCAL IMPACT:
The Department of Safety states this bill will increase state restricted revenue and expenditures by an indeterminable amount in FY 2011 and each fiscal year thereafter. There is no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department of Safety states this bill allows any person to request conviction information regarding public officials from the Division of State Police. The Department cannot estimate the number of requests for this type of information, or the fee to be charged to recover costs, therefore the increase in state restricted revenue deposited in the criminal records revolving fund is indeterminable. The Department states the increase in state restricted expenditures is also indeterminable. Although this bill does not establish positions or contain an appropriation, the Department estimates they would need to hire a Secretary (Labor Grade 11), and estimates the fiscal impact on state expenditures (half year in FY 2011 based on the effective date) as follows –
FY 2011 FY 2012 FY 2013 FY 2014
Salary $12,792 $26,539 $27,514 $28,645
Benefits $9,853 $21,250 $22,923 $24,769
$22,645 $47,789 $50,437 $53,414