HB 628-FN - AS INTRODUCED
2023 SESSION
23-0509
10/08
HOUSE BILL 628-FN
SPONSORS: Rep. Tanner, Sull. 5; Rep. Heath, Hills. 41; Rep. Luneau, Merr. 9; Rep. Cornell, Hills. 22; Rep. Fellows, Graf. 8; Rep. Damon, Sull. 8; Sen. Prentiss, Dist 5
COMMITTEE: Education
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ANALYSIS
This bill requires nonpublic schools and education service providers that accept public funds to comply with requirements for criminal history background checks for employees and volunteers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0509
10/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Contractors; Department of Education; Criminal History Background Checks. Amend RSA 21-N by inserting after section 9 the following new section:
21-N:9-a Department Contracts; Criminal History Background Checks. Any employee or volunteer of an entity contracted for educational services by the department or the state board of education who provides in-person instruction to students shall comply with the submission of a criminal history background check as described under RSA 189:13-a.
2 New Paragraph; Education Tax Credit; Department of Education; Criminal History. Amend RSA 77-G:7 by inserting after paragraph II the following new paragraph:
II-a. The department of education shall require that all employees and volunteers of nonpublic schools or providers that choose to accept scholarship students under this chapter undergo and provide access to the results of a criminal history background check which complies with RSA 189:13-a.
3 Education Tax Credit; Reference Added; Criminal History Background Checks. Amend RSA 77-G:9, I to read as follows:
I. A receiving nonpublic school or home education program that accepts students benefiting from scholarships, grants, or tax credits, and that complies with criminal history background checks under RSA 77-G:8-a, shall not be considered an agent of the state or federal government as a result of participating in the program established in this chapter.
4 Alternative Programs for Granting Credit Leading to Graduation. Amend RSA 193-E:2-a, V(b) to read as follows:
(b) The state board of education shall adopt rules, pursuant to RSA 541-A, relative to the approval of alternative programs for granting credit leading to graduation, which shall include the requirement that any employee or volunteer of such alternative program who provides in person instruction to students complies with the submission of a criminal history background check under RSA 189:13-a.
5 New Subparagraph; Education Freedom Accounts Program; Requirements for Education Service Providers; Criminal History Background Checks. Amend RSA 194-F:6, II by inserting after subparagraph (c) the following new subparagraph:
(d) Submit the results of a criminal history records check which complies with the requirements of RSA 189:13-a for any employee or volunteer providing instruction in person to an EFA student.
6 Effective Date. This act shall take effect 60 days after its passage.
23-0509
Revised 1/12/23
HB 628-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | ||||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 | |
Appropriation | $0 | $0 | $0 | $0 | |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | |
Funding Source: | [ ] General [ ] Education [ ] Highway [ ] Other | ||||
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METHODOLOGY:
This bill requires nonpublic schools and education service providers that accept public funds to comply with requirements for criminal history background checks for employees and volunteers. The Department of Education has not identified any on state revenues or expenditures relative to this bill.
The Department of Safety states this bill will likely result an increase in criminal background requests and therefore increase restricted revenue to the criminal records fund, beginning in FY 2024. Since it cannot predict the number of new requests, this bill’s impact on criminal records fund revenue and expenditures is indeterminable.
AGENCIES CONTACTED:
Department of Education and Department of Safety
| Date | Amendment |
|---|---|
| Nov. 17, 2023 | 2023-2300h |
| Date | Body | Type |
|---|---|---|
| Feb. 10, 2023 | House | Hearing |
| March 6, 2023 | House | Exec Session |
| Nov. 13, 2023 | House | Exec Session |
| Nov. 13, 2023 | House | Floor Vote |
Jan. 4, 2024: Inexpedient to Legislate: MA RC 195-178 01/03/2024 HJ 1 P. 108
Jan. 4, 2024: Ought to Pass: MF RC 174-199 01/03/2024 HJ 1 P. 106
Jan. 4, 2024: Amendment # 2023-2300h: AF DV 181-189 01/03/2024 HJ 1 P. 105
Nov. 17, 2023: Committee Report: Without Recommendation 11/13/2023 (Vote 10-10; RC) HC 49 P. 30
Oct. 10, 2023: Executive Session: 11/13/2023 09:30 am LOB 205-207
Oct. 10, 2023: Subcommittee Work Session: 10/17/2023 09:00 am LOB 205-207 HC 41
Sept. 5, 2023: Subcommittee Work Session: 09/26/2023 09:00 am LOB 205-207 HC 36
May 10, 2023: Full Committee Work Session: 05/30/2023 01:00 pm LOB 205-207
March 10, 2023: Retained in Committee
March 1, 2023: Executive Session: 03/06/2023 09:30 am LOB 205-207
Jan. 31, 2023: Public Hearing: 02/10/2023 01:15 pm LOB 205-207
Jan. 12, 2023: Introduced (in recess of) 01/05/2023 and referred to Education HJ 3 P. 23