Revision: Jan. 30, 2017, 11:20 a.m.
HB 261 - AS INTRODUCED
2017 SESSION
17-0613
10/04
HOUSE BILL 261
AN ACT relative to background checks for county employees.
SPONSORS: Rep. Parker, Carr. 6; Rep. Avellani, Carr. 5; Rep. Crawford, Carr. 4
COMMITTEE: Municipal and County Government
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This bill allows county commissioners to request an employee candidate background check to be completed by the state police, the county sheriff's office, or the county department of corrections.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0613
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to background checks for county employees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Counties; County Employee Background Checks. Amend RSA 28:10-c to read as follows:
28:10-c Employee Candidate Background Checks.
I. The county commissioners may require a background investigation and a criminal history records check on any candidate for employment, prior to a final offer of employment. A county may request only a state records check or both a federal and state records check, to be conducted through the division of state police, or by the county sheriff's office or the county department of corrections. The county 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 that the county commissioners determine requires a background investigation and a criminal history records check shall submit to the county a notarized criminal history records release form, as provided by the division of state police, county sheriff's office, or county department of corrections, 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 county commissioners. 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 county 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. To obtain a state records check from the division of state police only, the county shall submit a state criminal history records release form to the division of state police. To obtain both the federal and the state records check, the county shall submit the criminal history records release form and applicant fingerprint 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 county commissioners. The county may submit fingerprint information electronically, in accordance with procedures established by the division of state police. The county shall maintain the confidentiality and security of all criminal history records information received pursuant to this paragraph.
IV. The county commissioners 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 county.
2 Effective Date. This act shall take effect 60 days after its passage.