SB406 (2018) Detail

Requiring background checks for access to Internal Revenue Service federal tax information.


CHAPTER 52

SB 406-FN - FINAL VERSION

 

 

2018 SESSION

18-2817

05/04

 

SENATE BILL 406-FN

 

AN ACT requiring background checks for access to Internal Revenue Service federal tax information.

 

SPONSORS: Sen. Reagan, Dist 17; Sen. Carson, Dist 14; Rep. McGuire, Merr. 29

 

COMMITTEE: Ways and Means

 

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ANALYSIS

 

This bill requires state employees who have access to federal tax information from the Internal Revenue Service to complete a background investigation and criminal record check.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2817

05/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT requiring background checks for access to Internal Revenue Service federal tax information.

 

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

 

52:1  New Paragraph; Organization of Executive Branch; Powers and Duties of Commissioners.  Amend RSA 21-G:9 by inserting after paragraph VI the following new paragraph:

VII.  The commissioner is authorized to require federal and state background investigations on any employee, candidate for employment, contractor or subcontractor of the department that has or will have access to federal tax information for the purpose of determining that individual's suitability to access federal tax information as required by Internal Revenue Code section 6103(p)(4) and any subsequent amendments thereto.  The background investigations shall be conducted in accordance with Internal Revenue Code section 6103(p)(4) and shall include, but not be limited to, a fingerprint-based criminal record check of national crime information databases.  For the criminal record check authorized under this paragraph, the department shall submit the individual's fingerprints to the department of safety, division of state police, for forwarding to the Federal Bureau of Investigation.  Upon completion of the criminal record check, the division of state police shall forward the results to the department.  The commissioner may adopt rules to effectuate the purposes of this section pursuant to RSA 541-A.

52:2  Department of Revenue Administration; Duties of Commissioner; Background Checks.  Amend RSA 21-J:3-a to read as follows:

21-J:3-a  [Employee Candidate] Background Checks.  

I.  The commissioner of the department of revenue administration may require a background investigation and a criminal history records check on any candidate for employment in a position in the department prior to a final offer of employment.  The commissioner may request only a state records check or both a federal and state records check, to be conducted through the division of state police.  The commissioner 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.

I-a.  The commissioner of the department of revenue administration may require a background investigation and a criminal history records check on any current employee of the department for the purpose of determining that employee's suitability to access confidential tax information, including federal tax information.  The commissioner may request only a state records check or both a federal and state records check, to be conducted through the division of state police.

II.  A candidate for employment in a position in the department or a current employee required by the commissioner to submit to a background investigation and a criminal history records check shall submit to the commissioner 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 candidate or employee shall submit with the release form a complete set of fingerprints taken by a law enforcement agency as directed by the commissioner.  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] any conditional offer of employment shall remain in effect.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the commissioner may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate or employee has lived during the past 5 years.

III.  To obtain a state records check only, the commissioner or his or her designee 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 commissioner or his or her designee shall submit the criminal history records release form and applicant finger print 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 commissioner or his or her designee.  The commissioner or his or her designee may submit fingerprint information electronically, in accordance with procedures established by the division of state police.  The department shall maintain the confidentiality and security of all criminal history records information received pursuant to this paragraph.

IV.  The commissioner may require the candidate or employee to pay the actual costs of the background investigation and the criminal history records check.

V.  For purposes of this section, the terms "candidate" and "employee" shall include any contractor, subcontractor, vendor, or other person performing work, including unpaid work or as a volunteer, at the department of revenue administration.

52:3  Effective Date.  This act shall take effect January 1, 2019.

 

Approved: May 15, 2018

Effective Date: January 01, 2019

 

 

Links

SB406 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2018 Senate Hearing
Feb. 22, 2018 Senate Floor Vote
March 20, 2018 House Hearing
March 20, 2018 House Exec Session
House Floor Vote
April 5, 2018 House Floor Vote

Bill Text Revisions

SB406 Revision: 3907 Date: May 25, 2018, 11:29 a.m.
SB406 Revision: 3395 Date: April 5, 2018, 2:02 p.m.
SB406 Revision: 2623 Date: Dec. 12, 2017, 12:51 p.m.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Ways and Means; SJ 1
Jan. 24, 2018 Hearing: 01/24/2018, Room 100, SH, 09:20 AM; SC 4
Feb. 22, 2018 Committee Report: Ought to Pass, 02/22/2018; SC 8
Feb. 22, 2018 Ought to Pass: MA, VV; OT3rdg; 02/22/2018; SJ 5
March 7, 2018 Introduced 03/07/2018 and referred to Executive Departments and Administration HJ 7 P. 51
March 20, 2018 Public Hearing: 03/20/2018 11:00 AM LOB 306
March 20, 2018 Executive Session: 03/20/2018 LOB 306
Committee Report: Ought to Pass (Vote 12-1; CC)
April 5, 2018 Committee Report: Ought to Pass for 04/05/2018 (Vote 12-1; CC) HC 13 P. 4
April 5, 2018 Ought to Pass: MA VV 04/05/2018 HJ 11 P. 5
April 5, 2018 Referred to Finance 04/05/2018 HJ 11 P. 5
April 5, 2018 Referral Waived by Committee Chair per House Rule 46(f) 04/05/2018 HJ 11 P. 16
April 19, 2018 Enrolled 04/19/2018 HJ 13 P. 2
April 12, 2018 Enrolled (In recess 04/12/2018); SJ 13
April 12, 2018 Enrolled (In recess 04/12/2018); SJ 13
May 15, 2018 Signed by the Governor on 05/15/2018; Chapter 0052; Effective 01/01/2019