SB 589-FN - FINAL VERSION
SENATE BILL 589-FN
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
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.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/23/2018 2113EBA 18-2926
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
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.
Approved: July 02, 2018
Effective Date: August 31, 2018
|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|
|Feb. 21, 2018||Senate||Hearing|
|March 8, 2018||Senate||Floor Vote|
|April 4, 2018||House||Hearing|
|April 24, 2018||House||Exec Session|
|May 2, 2018||House||Floor Vote|
|May 17, 2018||House||Floor Vote|
|May 23, 2018||House||Floor Vote|
|May 23, 2018||Senate||Floor Vote|