Revision: March 4, 2021, 8 a.m.
Senate Executive Departments and Administration
March 3, 2021
2021-0617s
10/04
Amendment to SB 58
Amend RSA 310-A:1-d, II(h)(2) as inserted by section 1 of the bill by replacing it with the following:
(2) Such organizational and procedural rules necessary to administer the boards, commissions, [and] councils, and programs in the office of professional licensure and certification, including rules governing the administration of complaints and investigations, payment processing procedures, and application procedures. The boards shall retain the authority to determine the criteria necessary for licensing applications;
Amend RSA 319-C:6 as inserted by section 164 of the bill by replacing it with the following:
319-C:6 Organization and Meetings. The board shall hold at least 4 regular meetings each year, and special meetings may be held at such times as the business of the board may require. Notice of all meetings shall be given in such manner as the rules of the board may provide. The board shall annually elect a chairman, a vice-chairman, and a secretary, who shall be one of the appointed members. A quorum of the board shall consist of [not less than 3 members, not including the ex officio member, and at least] a majority of the members of the board appointed by the governor and council, one of whom shall be a public member.
Amend the bill by inserting after section 165 the following and renumbering the original sections 166-177 to read as 167-178, respectively:
166 Electricians; Criminal History Record Checks. Amend RSA 319-C by inserting after section 6-c the following new section:
319-C:6-d Criminal History Record Checks.
I. Every applicant for an initial master electrician license, journeyman license, or apprentice identification card, and for reinstatement of the license or apprentice identification card, shall be required to submit:
(a) An original criminal offender record report issued by the state of New Hampshire and each state where the applicant has resided within the past 6 years; or
(b) A criminal history record release form, as provided by the New Hampshire division of state police which authorizes the release of his or her criminal history record, if any, to the electrician’s board:
(1) Every applicant shall submit with a release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history record check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history record check, accept police clearances from every city, town, or county where the person has lived during the past 6 years; and
(2) The division of state police shall conduct the release a criminal history conviction only record through its records and through the Federal Bureau of Investigation upon receipt of a criminal history record release form to the board;
(3) The board shall review the criminal record information of convictions only prior to making a decision and shall maintain the confidentiality of all criminal history records received pursuant to this section; and
(c) The applicant shall bear the cost of all criminal history record checks.
II. The board shall consider military security clearance for an individual actively serving in any component of the Department of Defense in lieu of criminal background checks.
III. Those individuals who are under 18 years of age or enrolled in a high school program receiving an apprentice identification card from the board shall be exempt from the requirement to obtain a criminal offender record report. Upon the individual’s graduation from high school or turning 18 years of age, whichever comes later, the individual shall be required to submit a criminal offender record report as described in paragraph I.
IV. All individuals holding a master electrician license, journeyman license, or apprentice identification card, on the effective date this section, shall, at the time of their next renewal, submit a criminal offender record report as described in paragraph I.
Amend the bill by replacing section 178 with the following:
I. Section 166 of this act shall take effect January 1, 2022.
II. The remainder of this act shall take effect July 1, 2021.