SB469 (2016) Detail

Relative to criminal record checks of wrecker operators.


\t \t\t \t\t \t\t \t \t \t\t

SB 469-FN - AS INTRODUCED

 

2016 SESSION

\t16-2884

\t03/09

 

SENATE BILL\t469-FN

 

AN ACT\trelative to criminal record checks of wrecker operators.

 

SPONSORS:\tSen. Stiles, Dist 24; Sen. Watters, Dist 4; Sen. Boutin, Dist 16; Rep. Packard, Rock. 5; Rep. Irwin, Sull. 9

 

COMMITTEE:\tJudiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

\tThis bill requires criminal history records checks of wrecker operators and prohibits employment as wrecker operators of persons convicted of crimes listed in administrative rules.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2884

\t03/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to criminal record checks of wrecker operators.

 

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

 

\t1  New Section; Abandoned Vehicles; Wrecker Operators; Criminal Record Checks.  Amend RSA 262 by inserting after section 40-c the following new section:

\t262:40-d  Wrecker Operators; Criminal Record Checks.

\t\tI.  Every person operating or applying for employment to operate a wrecker in this state shall submit to the department of safety, through his or her employer or prospective employer, a notarized criminal history records release form, as provided by the division of state police, department of safety, which authorizes the release of the employee's or prospective employee's criminal history records, if any.

\t\tII.  The applicant or employee shall 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.  In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where an applicant has lived during the past 5 years.

\t\tIII.  The employer or prospective employer shall submit the criminal history records release form and fingerprint form 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  records check, the division of state police shall release copies of the criminal history records to the employer or prospective employer.  The commissioner of safety shall adopt rules pursuant to RSA 541-A establishing a list of crimes for which a conviction, in the interest of public safety, would disqualify a person to operate a wrecker and remove vehicles from the highway, and no employer or prospective employer shall knowingly employ an operator that has been convicted of a crime on the list.  The employer or prospective employer shall maintain the confidentiality of all criminal history records information received pursuant to this paragraph and it shall be kept under lock and key with access only to the owner or manager of the employer or prospective employer.

\t\tIV.  The applicant or employee may be required to pay the cost of the criminal history records check, which shall be required upon initial employment and at 5-year intervals thereafter.

\t2  Effective Date.  This act shall take effect January 1, 2017.

 

\t\t\t\t\t\t\t\t\t\t\tLBAO

\t\t\t\t\t\t\t\t\t\t\t16-2884

\t\t\t\t\t\t\t\t\t\t\t12/16/15

 

SB 469-FN- FISCAL NOTE

 

AN ACT\trelative to criminal record checks of wrecker operators.

 

 

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 requires criminal history records checks of wrecker operators and prohibits employment of wrecker operators if person convicted of certain crimes.  The Department states it is unable to estimate this bill’s impact on its Criminal Records Unit as it cannot predict how many criminal records checks may result from this bill.  An increase in criminal records checks will increase both state fee revenue and expenditures.