Bill Details - HB253 (2019)

HB 253 - AS AMENDED BY THE HOUSE

 

14Feb2019... 0246h

2019 SESSION

19-0332

04/08

 

HOUSE BILL 253

 

AN ACT relative to criminal records checks in the employee application process.

 

SPONSORS: Rep. Cahill, Rock. 17; Rep. D. Ley, Ches. 9

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

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ANALYSIS

 

This bill prohibits employers from asking a job applicant about his or her criminal history prior to an interview.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14Feb2019... 0246h 19-0332

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to criminal records checks in the employee application process.

 

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

 

1  New Chapter; Use of Criminal Records in Employment Decisions.  Amend RSA by inserting after chapter 275-G the following new chapter:

CHAPTER 275-H

USE OF CRIMINAL RECORDS IN EMPLOYMENT DECISIONS

275-H:1  Definitions.  In this chapter:

I.  "Commissioner" means the commissioner of the department of labor.

II.  "Applicant" means a person who applies for employment for a wage, salary, fee, or payment to perform work for an employer, but excludes any person applying for employment in the domestic service of any family or person at the person's home.

III.  "Employer" means any individual, partnership, association, corporation, or governmental agency or instrumentality employing any person.  "Employer" shall not include:

(a)  Any bank holding company, financial holding company, bank, savings bank, savings and loan association, credit union, or trust company, or any subsidiary or affiliate thereof, that is chartered by any state or the United States.

(b)  Any state or local government agency which requires use of the employee's or applicant's criminal history or criminal background.

275-H:2  Prohibition on Questions Relating to Criminal Records.

I.  Except as provided in paragraph II, no employer shall include a question on any application for employment, as to whether the applicant has ever been arrested, charged with, or convicted of any crime or violation, or adjudicated as a juvenile delinquent, except when the applicant is applying for:

(a)  A position with, or related to, a law enforcement agency.

(b)  A position that requires a standard fidelity bond or equivalent bond, where the applicant's conviction of a crime would disqualify the applicant from obtaining such a bond.

(c)  Any other position that requires automatic disqualification of an applicant with a criminal history pursuant to federal or state law.

(d)  A position with an employer who is contractually prohibited from employing any person with a criminal record.

II.  An employer may inquire about an applicant's criminal history during an employment interview.

275-H:3  Penalty.  Any employer who violates RSA 275-H:2 may be subject to a civil penalty not to exceed $2,500, to be imposed by the commissioner in accordance with the procedures established in RSA 273:11-a.  Any person aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-c.

2  Effective Date.  This act shall take effect January 1, 2020.

 

LBAO

19-0332

3/11/19

 

HB 253- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0246h)

 

AN ACT relative to criminal records checks in the employee application process.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$0

$0

$0

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Department of Labor Restricted Fund

 

 

 

 

 

METHODOLOGY:

This bill prohibits employers from asking a job applicant about his or her criminal history prior to an interview.  The Department of Labor indicates the bill provides for the imposition of civil penalties by the Department in accordance with RSA 273:11-a in instances where the employer violates the provisions of proposed RSA 275-H:2.  The Department assumes it is possible that there could be additional fine revenue, but it is impossible to credibly quantify the amount, if any, that could result from the prospective penalties.   The Department believes there would be  no appreciable impact on state, county or local expenditures and no impact on county or local revenues.

 

AGENCIES CONTACTED:

Department of Labor

 

Docket

Date Status
Jan. 2, 2019 Introduced 01/02/2019 and referred to Labor, Industrial and Rehabilitative Services HJ 2 P. 43
Jan. 30, 2019 Public Hearing: 01/30/2019 10:00 am LOB 306
Feb. 6, 2019 Executive Session: 02/06/2019 10:00 am LOB 307
Majority Committee Report: Ought to Pass with Amendment # 2019-0246h (Vote 12-8; RC)
Feb. 14, 2019 Majority Committee Report: Ought to Pass with Amendment # 2019-0246h for 02/14/2019 (Vote 12-8; RC) HC 11 P. 17
Minority Committee Report: Inexpedient to Legislate
Feb. 14, 2019 Amendment # 2019-0246h: AA VV 02/14/2019 HJ 5 P. 64
Feb. 14, 2019 Ought to Pass with Amendment 2019-0246h: MA RC 213-142 02/14/2019 HJ 5 P. 64
March 7, 2019 Introduced 03/07/2019 and Referred to Commerce; SJ 8

Action Dates

Date Body Type
Jan. 30, 2019 House Hearing
Feb. 6, 2019 House Exec Session
House Floor Vote
Feb. 14, 2019 House Floor Vote

Bill Text Revisions

HB253 Revision: 4426 Date: Dec. 27, 2018, 3:57 p.m.
HB253 Revision: 5369 Date: March 12, 2019, 2:36 p.m.