Revision: March 8, 2016, midnight
\t \t\tHB 1416-FN - AS INTRODUCED
2016 SESSION
\t16-2563
\t05/04
HOUSE BILL\t1416-FN
AN ACT\trelative to funding for state criminal background checks.
SPONSORS:\tRep. Rogers, Merr. 28; Rep. Rollo, Straf. 18; Rep. Berch, Ches. 1; Rep. Pantelakos, Rock. 25; Rep. Horrigan, Straf. 6; Rep. C. Chase, Ches. 8; Sen. Feltes, Dist 15
COMMITTEE:\tExecutive Departments and Administration
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ANALYSIS
\tThis bill establishes a classified position of counter clerk in the department of safety to conduct state criminal background checks under RSA 159-D.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2563
\t05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to funding for state criminal background checks.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Criminal Background Checks; New Classified Position; Counter Clerk. There is established in the department of safety, the classified position of counter clerk II, who shall be responsible for conducting criminal background checks under RSA 159-D. The position of counter clerk II shall be classified at labor grade 9. The position shall be funded by moneys received under RSA 159-D:2-a.
\t2 New Section; Criminal Background Checks; Fees for State Criminal Background Checks; Special Fund Established. Amend RSA 159-D by inserting after RSA 159-D:2 the following new section:
\t159-D:2-a Fees for State Criminal Background Checks; Special Fund Established.
\t\tI. The department of safety may charge a reasonable fee for conducting criminal background checks under this chapter.
\t\tII. Fees collected under paragraph I shall be forwarded by the commissioner of safety to the state treasurer for deposit in the fund for state criminal background checks. Within the limits of appropriations made in the operating budget for such purpose, the department of safety may use the fund to pay expenses, including personnel costs, associated with conducting criminal background checks under this chapter. Any balance remaining in the fund at the end of the fiscal year shall lapse to the general fund.
\t3 New Subparagraph; Application of Receipts; Fund for State Criminal Background Checks. Amend RSA 6:12, I(b) by inserting after subparagraph (331) the following new subparagraph:
\t\t\t\t(332) Moneys deposited in the fund for state criminal background checks under RSA 159-D:2-a.
\t4 Commissioner of Safety; Rulemaking Authority. Amend RSA 21-P:14, II(b) to read as follows:
\t\t\t(b) The administration of the division of state police and fees for criminal record and fingerprint checks, as authorized by RSA 106-B:7 and RSA 159-D:2-a.
\t5 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2563
\t\t\t\t\t\t\t\t\t\t\t10/29/15
HB 1416-FN- FISCAL NOTE
AN ACT\trelative to funding for state criminal background checks.
FISCAL IMPACT:
The Department of Safety states this bill, as introduced, will increase state restricted revenues and expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county and local revenues or expenditures.
METHODOLOGY:
The Department of Safety states this bill provides authority to establish a reasonable fee for performing criminal background checks under RSA 159-D, with the revenue derived to be credited to and cost to be charged against a newly established fund for state criminal background checks. The Department states it has handled approximately 40,000 calls from Federal Firearm Licensed (FFL) dealers in each of the last three years on the sale of handguns to New Hampshire residents. The Department states FFL dealers typically charge and retain a processing fee on customers to transfer a firearm for an individual, however the background check is performed by the State Police Permits and Licensing Unit. The Department is unable to determine the impact of this bill on state restricted revenues as it would depend on the fee amount established and number of background checks performed.
The Department estimates the total cost of the counter clerk II position established by this bill to be $54,000 in FY 2017, $52,000 in FY 2018, $54,000 in FY 2019, and $57,000 in FY 2020. Also, the Department is unable to estimate costs associated with administering the collection of the background check fee this bill would authorize to be established. Under this bill, within the amounts appropriated in the state operating budget, costs associated with conducting criminal background checks under RSA 159-D would be a charge against the dedicated fund this bill establishes, with any amounts remaining at the end of the fiscal year lapsing to the state general fund.