HB1487 (2018) Detail

Relative to banks and credit unions.


CHAPTER 184

HB 1487 - FINAL VERSION

 

6Mar2018... 0725h

2018 SESSION

18-2505

03/01

 

HOUSE BILL 1487

 

AN ACT relative to banks and credit unions.

 

SPONSORS: Rep. Biggie, Hills. 23

 

COMMITTEE: Commerce and Consumer Affairs

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Authorizes the banking department to conduct background investigations of department contractors.

 

II.  Authorizes the banking commissioner to release certain reports to a government sponsored bank created under the Federal Home Loan Bank Act.

 

III.  Makes technical corrections.

 

This bill was requested by the banking department.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2018... 0725h 18-2505

03/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to banks and credit unions.

 

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

 

184:1  Examination Costs; Reference Change.  Amend RSA 383:11, II(a)(8) to read as follows:

(8)  For purposes of this section, "fiduciary assets'' means those assets reported in accordance with RSA [383-A:5-511] 383-A:5-510, except that the term excludes any fiduciary asset that the entity holds, manages, or administers under an agreement with a New Hampshire family trust company.

184:2  Compensation; Assistants; Background and Criminal Records Check; Contractors.  Amend RSA 383:7, V-VI to read as follows:

V.  The department shall complete a background investigation and a criminal history records check on every selected applicant for employment in any position in the department prior to a final offer of employment.  The department may extend a conditional offer of employment to a selected applicant after completing a background investigation, with a final offer of employment subject to a successfully completed criminal history records check.  No selected applicant may be extended a conditional offer of employment unless the department has initiated a criminal history records check.  The department may also complete a background investigation and a criminal history records check on every contractor who provides services to the department, including but not limited to employees of other state agencies who are assigned to work at the department. The department shall not be held liable in any lawsuit alleging that the extension of a conditional or final offer of employment to an applicant with a criminal history was in any way negligent or deficient if the department fulfilled the requirements of this section.

VI.  The selected applicant for employment or contractor shall submit to the department 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.  The applicant or contractor 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.  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 department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where an applicant or contractor has lived during the past 5 years.

184:3  Confidential Information.  Amend RSA 383:10-b to read as follows:

383:10-b  Confidential Information. All records of the department's investigations, examinations, visitations, and reports produced by those investigations, examinations, and visitations including any duly authenticated copy of those records in the possession of any entity under the supervision of the commissioner, shall be confidential, shall not be subject to subpoena and shall not be made public unless, in the judgment of the commissioner, the ends of justice and the public advantage will be served by the publication of those records.  The commissioner may furnish to the federal supervisory authorities and to independent insuring funds which he or she deems qualified such information and reports relating to the entities under his or her supervision as he or she deems best.  The commissioner may also furnish to any government sponsored bank created under the Federal Home Loan Bank Act, or any authorized agent thereof, copies of reports of examination concerning any bank or credit union that is a member of such government sponsored bank, as required for the evaluation of the financial condition of the member bank or credit union. On motion for discovery filed in any court of competent jurisdiction, in aid of any pending action, the court, after hearing the parties, may order the production of those records for use in that action whenever it is found that justice so requires, subject to such reasonable safeguards imposed by the court as may be necessary to prevent use by unauthorized persons or publicity of irrelevant portions of those records.

184:4  Depository Bank Act; Loan Production Offices.  Amend RSA 383-B:7-704 to read as follows:

383-B:7-704  Loan Production Offices.  A depository bank and foreign bank that is authorized to make loans may engage in the business of loan production [in this state].  A loan production office is any place of business located within this state at which the bank engages solely in activities relating to loan production.  A loan production office is not a branch office.  A depository bank or foreign bank shall provide the commissioner with written notice of its intent to establish or relocate a loan production office under RSA 383-A:6-602 and may proceed to establish a loan production office after filing the notice without further action by the commissioner.

184:5  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 08, 2018

Effective Date: August 07, 2018

Links

HB1487 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2018 House Hearing
Feb. 20, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
April 17, 2018 Senate Hearing
May 2, 2018 Senate Floor Vote

Bill Text Revisions

HB1487 Revision: 4110 Date: June 12, 2018, 10:22 a.m.
HB1487 Revision: 3686 Date: May 2, 2018, 3:12 p.m.
HB1487 Revision: 3174 Date: March 8, 2018, 10:36 a.m.
HB1487 Revision: 2136 Date: Nov. 6, 2017, 1:05 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Commerce and Consumer Affairs HJ 1 P. 12
Jan. 24, 2018 Public Hearing: 01/24/2018 02:30 PM LOB 302
Feb. 1, 2018 Subcommittee Work Session: 02/01/2018 08:55 AM LOB 302
Feb. 20, 2018 Subcommittee Work Session: 02/20/2018 09:00 AM LOB 305
Feb. 20, 2018 Executive Session: 02/20/2018 LOB 302
March 6, 2018 Committee Report: Ought to Pass with Amendment # 2018-0725h for 03/06/2018 (Vote 20-0; CC) HC 9 P. 6
Committee Report: Ought to Pass with Amendment # 2018-0725h (Vote 20-0; CC)
March 6, 2018 Amendment # 2018-0725h: AA VV 03/06/2018 HJ 6 P. 10
March 6, 2018 Ought to Pass with Amendment 0725h: MA VV 03/06/2018 HJ 6 P. 10
March 8, 2018 Introduced 03/08/2018 and Referred to Commerce; SJ 7
April 17, 2018 Hearing: 04/17/2018, Room 100, SH, 01:15 pm; SC 16
May 2, 2018 Committee Report: Ought to Pass, 05/02/2018; SC 19
May 2, 2018 Ought to Pass: MA, VV; OT3rdg; 05/02/2018; SJ 15
May 10, 2018 Enrolled (In recess 05/10/2018); SJ 18
May 10, 2018 Enrolled 05/10/2018
June 8, 2018 Signed by Governor Sununu 06/08/2018; Chapter 184; Eff. 8/7/2018