Bill Details - SB589 (2018)

CHAPTER 367

SB 589-FN - FINAL VERSION

 

2May2018... 1671h

05/23/2018   2032CofC

05/23/2018   2113EBA

 

2018 SESSION

18-2926

10/03

 

SENATE BILL 589-FN

 

AN ACT relative to authorizing petitions to state licensing boards for review of an individual's criminal record concerning disqualification for licensure.

 

SPONSORS: Sen. Reagan, Dist 17; Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Rep. Sytek, Rock. 8; Rep. McGuire, Merr. 29; Rep. Knirk, Carr. 3

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill establishes a procedure for individuals to petition a state board or commission for occupational or professional licensure for a determination of whether the individual's criminal record will disqualify the individual from obtaining state recognition for the occupation or profession.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

2May2018... 1671h

05/23/2018   2032CofC

05/23/2018   2113EBA 18-2926

10/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to authorizing petitions to state licensing boards for review of an individual's criminal record concerning disqualification for licensure.

 

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

 

367:1  New Section; Occupations and Professions; Petitions for Review of a Criminal Record.  Amend RSA 332-G by inserting after section 12 the following new section:

332-G:13  Petition for Review of a Criminal Record.

I.  The right of an individual to pursue an occupation is a fundamental right.

II.  An individual with a criminal record may petition a board or commission at any time, including before obtaining any required education or training, for a determination of whether the individual's criminal record will disqualify the individual from obtaining state recognition.

III.  The individual shall include in the petition the individual's criminal record or authorize the board or commission to obtain the individual's criminal record.

IV.  The individual may include additional information about the individual's current circumstances, including the time since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.

V.  The board or commission is authorized to determine whether the individual's criminal record disqualifies the individual from obtaining state recognition.

VI.  Notwithstanding any other statute or rule, the board or commission may find the individual's criminal record disqualifies the individual from obtaining state recognition only if:

(a)  The individual's criminal record includes a conviction for a felony or violent misdemeanor; and

(b)  The board or commission concludes the state has an important interest in protecting public safety that is superior to the individual's right.  The board or commission may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, that:

(1)  The specific offense for which the individual was convicted is substantially related to the state's interest;

(2)  The individual, based on the nature of the specific offense for which the individual was convicted and the individual's current circumstances in paragraph IV, is more likely to re-offend by virtue of having the license than if the individual did not have the license; and

(3)  A re-offense will cause greater harm than it would if the individual did not have the license.

VII.  The board or commission shall issue its determination within 90 days after the board or commission receives the petition.  The determination shall be in writing and include the criminal record, findings of fact, and conclusions of law.

VIII.  If the board or commission determines the state's interest is superior to the individual's right, the board or commission may advise the individual of actions the individual may take to remedy the disqualification.  The individual may submit a revised petition reflecting the completion of the remedies at any time after 90 days following the board's or commission's judgment.

IX.  The individual may appeal the determination in paragraph VII as provided for in RSA 541-A.

X.  The individual may submit a new petition to the board or commission at any time after 2 years following a final judgment on the initial petition.

XI.  The board or commission may rescind its determination at any time if the individual is convicted of an additional offense that the board or commission determines meets the elements in paragraph VI.

XII.  The board or commission may charge a fee to recoup its costs not to exceed $100 for each petition.

XIII.  The office of professional licensure and certification shall establish an annual reporting requirement of the (a) number of applicants petitioning each board or commission, (b) the numbers of each board's or commission's approvals and denials, (c) the type of offenses for which each board or commission approved or denied the petitions, and (d) other data the office determines.  The office will compile and publish annually a report on a searchable public website.

367:2  Contingency.  If SB 334-FN of the 2018 regular legislative session becomes law, then RSA 332-G:13 as inserted by section 3 of that act shall be renumbered as RSA 332-G:14.  

367:3  Effective Date.  This act shall take effect 60 days after its passage

 

Approved: July 02, 2018

Effective Date: August 31, 2018

 

 

Docket

Date Status
Jan. 18, 2018 Introduced 01/18/2018 and Referred to Executive Departments and Administration; SJ 3
Feb. 21, 2018 Hearing: 02/21/2018, Room 101, LOB, 09:50 am; SC 8
March 8, 2018 Committee Report: Ought to Pass, 03/08/2018; SC 10A
March 8, 2018 Ought to Pass: RC 14Y-9N, MA; OT3rdg; 03/08/2018; SJ 6
March 7, 2018 Introduced 03/07/2018 and referred to Executive Departments and Administration HJ 7 P. 54
April 4, 2018 ==ROOM CHANGE== Public Hearing: 04/04/2018 11:00 AM LOB 306-308
April 24, 2018 Subcommittee Work Session: 04/24/2018 09:00 AM LOB 306
April 24, 2018 Executive Session: 04/24/2018 LOB 306
Majority Committee Report: Ought to Pass with Amendment # 2018-1671h (NT) (Vote 10-8; RC)
May 2, 2018 Majority Committee Report: Ought to Pass with Amendment # 2018-1671h (NT) for 05/02/2018 (Vote 10-8; RC) HC 17 P. 18
Minority Committee Report: Inexpedient to Legislate
May 2, 2018 Amendment # 2018-1671h: AA VV 05/02/2018
May 2, 2018 Ought to Pass with Amendment 1671h: MA VV 05/02/2018
May 10, 2018 Sen. Carson Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 05/10/2018; SJ 17
May 10, 2018 President Appoints: Senators Reagan, Carson, Soucy; 05/10/2018; SJ 17
May 10, 2018 House Accedes to Senate Request for CofC (Rep. McGuire): MA VV 05/10/2018
May 10, 2018 Speaker Appoints: Reps. McGuire, Hoell, Sytek, Gagnon 05/10/2018
May 16, 2018 Committee of Conference Meeting: 05/16/2018, 10:15 am, Room 103, SH
May 17, 2018 Conference Committee Report # 2018-2032c Filed 05/17/2018; As Amended by the House
May 23, 2018 Conference Committee Report 2032c: Adopted, VV 05/23/2018
May 23, 2018 Conference Committee Report # 2018-2032c, Adopted, VV; 05/23/2018; SJ 18
May 23, 2018 Enrolled Bill Amendment # 2018-2113e: AA VV 05/23/2018
May 23, 2018 Enrolled Bill Amendment # 2018-2113e Adopted, VV, (In recess of 05/23/2018); SJ 18
May 23, 2018 Enrolled 05/23/2018
May 23, 2018 Enrolled (In recess 05/23/2018); SJ 18
July 2, 2018 Signed by the Governor on 07/02/2018; Chapter 0367; Effective 08/31/2018

Action Dates

Date Body Type
Feb. 21, 2018 Senate Hearing
March 8, 2018 Senate Floor Vote
April 4, 2018 House Hearing
April 24, 2018 House Exec Session
House Floor Vote
May 2, 2018 House Floor Vote
May 17, 2018 House Floor Vote
May 23, 2018 House Floor Vote
May 23, 2018 Senate Floor Vote

Bill Text Revisions

SB589 Revision: 2979 Date: Jan. 25, 2018, 10:34 a.m.
SB589 Revision: 3711 Date: May 8, 2018, 9:28 a.m.
SB589 Revision: 3950 Date: June 6, 2018, 12:08 p.m.
SB589 Revision: 4288 Date: July 5, 2018, 3:31 p.m.