SB 22-FN - AS INTRODUCED
2025 SESSION
25-0309
11/05
SENATE BILL 22-FN
SPONSORS: Sen. Pearl, Dist 17
COMMITTEE: Children and Family Law
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ANALYSIS
This bill allows the child care licensing unit of the department of health and human services to access directly from the state police an applicant's criminal history and record information and use such information as a factor to determine an applicant's eligibility.
The bill is a request of the department of health and human services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
25-0309
11/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Child Day Care Licensing; State Registry and Criminal Records Check; Revocation of Registration and Withholding of State Funds. Amend RSA 170-E:7, II(b) to read as follows:
(b) Under the authority of the Child Care and Development Block Grant Act of 2014, the division of state police shall conduct the criminal history records check pursuant to paragraph I-a, through its records and through the Federal Bureau of Investigation, to include a check of the National Sex Offender Registry file in the National Crime Information Center records. Upon completion of the [background investigation] criminal history report, the division of state police shall release [copies of the criminal conviction record] a report of the applicant’s criminal history and record information, including confidential criminal history record information, to the department and shall indicate whether the individual is registered on the National Sex Offender Registry file in the National Crime Information Center records. The department shall maintain the confidentiality of all criminal history records information received.
2 Child Day Care Licensing; State Registry and Criminal Records Check; Revocation of Registration and Withholding of State Funds. Amend the introductory paragraph of RSA 170-E:7, III to read as follows:
III. The department shall make a determination regarding the individual's eligibility for employment no later than 45 days from submission of all required information as described in paragraphs I and I-a. If any individual whose name has been submitted for a check under this section is registered or required to be registered on a state sex offender registry or repository, or the National Sex Offender Registry, or has been charged pending disposition or convicted of a felony consisting of murder, child abuse or neglect, an offense involving child sexual abuse images, trafficking, spousal abuse, a crime involving rape or sexual assault, kidnapping, arson, physical assault or battery, or a drug-related offense committed during the previous 5 years, or any other violent or sexually-related misdemeanor against a child, including child abuse, child endangerment, sexual assault, or a misdemeanor involving child sexual abuse images, or of a crime which shows that the person might be reasonably expected to pose a threat to a child, such as a violent crime or a sexually-related crime against an adult, the department shall:
3 Residential Care and Child-Placing Agency Licensing; State Registry and Criminal Records Check for Child Care Institutions and Child Care Agencies. Amend RSA 170-E 29-a, II(b) to read as follows:
(b) Under the authority of the Child Care and Development Block Grant Act of 2014, the division of state police shall conduct the criminal history records check pursuant to paragraph I-a, through its records and through the Federal Bureau of Investigation, to include a check of the National Sex Offender Registry file in the National Crime Information Center records. Upon completion of the [background investigation] criminal history report, the division of state police shall release [copies of the criminal conviction records] a report of the applicant’s criminal history and record information, including confidential criminal history record information, to the department and shall indicate whether the individual is registered on the National Sex Offender Registry file in the National Crime Information Center records. The department shall maintain the confidentiality of all criminal history records information received.
4 Residential Care and Child-Placing Agency Licensing; State Registry and Criminal Records Check for Child Care Institutions and Child Care Agencies. Amend the introductory paragraph of RSA 170-E:29-a,V to read as follows:
V. The department shall make a determination regarding the individual's eligibility for employment no later than 45 days from submission of all required information as described in paragraphs I and I-a. If any person whose name has been submitted for a check under this section is registered or required to be registered on a state sex offender registry or repository, or the National Sex Offender Registry, or has been charged pending disposition or convicted of a felony consisting of murder, child abuse or neglect, an offense involving child sexual abuse images, trafficking, spousal abuse, a crime involving rape or sexual assault, kidnapping, arson, physical assault or battery, or a drug-related offense committed during the previous 5 years, or any other violent or sexually related misdemeanor or against a child, including child abuse, child endangerment, sexual assault, or a misdemeanor involving child sexual abuse images, or of a crime which shows that the person might be reasonably expected to pose a threat to a child, such as a violent crime or a sexually-related crime against an adult, the department shall:
5 Child Care Licensing Fund; Lapse to General Fund. Any funds remaining in the child care licensing fund, established in RSA 170-E:7-a, on June 30, 2025 shall lapse into the state general fund.
6 Repeal. The following are repealed:
I. RSA 6:12, I(b)(349), relative to the child care licensing fund.
II. RSA 170-E:7-a, establishing the child care licensing fund.
I. Section 5 of this act shall take effect June 30, 2025.
II. The remainder of this act shall take effect July 1, 2025.
25-0309
1/1/25
SB 22-FN- FICAL NOTE
AS INTRODUCED
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2025 through 2028.
AGENCIES CONTACTED:
Departments of Safety and Health and Human Services
| Date | Body | Type |
|---|---|---|
| Jan. 14, 2025 | Senate | Hearing |
| Jan. 9, 2025 | Senate | Floor Vote |
| Jan. 9, 2025 | Senate | Floor Vote |
| Jan. 14, 2025 | Senate | Hearing |
| Jan. 30, 2025 | Senate | Floor Vote |
Jan. 30, 2025: Ought to Pass: MA, VV; OT3rdg; 01/30/2025; SJ 4
Jan. 27, 2025: Committee Report: Ought to Pass, 01/30/2025; Vote 3-0; CC; SC 7
Jan. 9, 2025: Hearing: 01/14/2025, Room 103, SH, 11:00 am; SC 5
Jan. 15, 2025: Committee Report: Ought to Pass, 01/30/2025; Vote 3-0; CC; SC 7
Jan. 15, 2025: Committee Report: Ought to Pass, 01/09/2025; Vote 5-0; CC; SC 6
Jan. 24, 2025: Introduced 01/08/2025 and Referred to Children and Family Law; SJ 2
Jan. 9, 2025: Hearing: 01/14/2025, Room 103, SH, 11:00 am; SC 5
Jan. 7, 2025: Introduced 01/08/2025 and Referred to Children and Family Law; SJ 2