New Hampshire Legislative Service Requests (LSR's)

HB 1197 - AS INTRODUCED

2024 SESSION

24-2439

09/08

HOUSE BILL 1197

AN ACT relative to criminal background checks.

SPONSORS: Rep. Muns, Rock. 29; Rep. Balboni, Rock. 38; Sen. Altschiller, Dist 24

COMMITTEE: Criminal Justice and Public Safety

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ANALYSIS

This bill amends various statutes to authorize additional personnel to take fingerprints of those undergoing non-criminal related background checks. This bill further establishes a multi-agency task force designed to review the need for Federal Bureau of Investigation Criminal History Record Information checks across employment and volunteer positions in the state, and requires reports related to their findings and recommendations.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2439

09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to criminal background checks.

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

1 Purpose.

I. New Hampshire has several state laws that require a national Criminal History Record Information (CHRI) record check for certain employees and volunteers. These requests are processed through the National Crime Prevention and Privacy Compact (the “compact”) adopted by the general court pursuant to RSA 106-B:14, III(a).

II. All CHRI record check requests must be submitted to the Federal Bureau of Investigation (FBI). The FBI requires that all requests submitted to it must be processed and transmitted by authorized law enforcement agencies.

III. Pursuant to RSA 106-B:14, III(c), the commissioner of the department of safety is responsible for administering and implementing the compact on behalf of the state and may adopt rules, pursuant to RSA 541-A, with respect to non-criminal (e.g., employment and volunteer) purposes. All requests for CHRI record checks for non-criminal purposes require that the applicant submit a release form and a complete set of fingerprints.

IV. Fingerprint images are captured by one of two methods:

(a) By applying ink to the fingers and the impressions placed on a fingerprint card; or,

(b) By digital capture via a LiveScan device.

V. Capturing fingerprint impressions by LiveScan device is the preferred method as it is the most accurate way to capture fingerprint impressions. The LiveScan device will capture both fingerprint images and demographic information and electronically transmit that data to the New Hampshire department of safety, criminal records unit, for further processing. The New Hampshire department of safety, criminal records unit, reviews, processes and transmits all CHRI requests to the FBI.

VI. Under current New Hampshire state statutes, for most employment and volunteer positions, all applicants requiring a CHRI initiate the criminal background check process through the government agency overseeing those positions (school board, licensing board, etc.). At their state agency, applicants complete a CHRI request form, pay the appropriate fee and receive a fingerprint card or instructions on being fingerprinted by a LiveScan device. The applicant is then responsible for making arrangements to be fingerprinted and returning either the inked fingerprint card or the LiveScan form received from the LiveScan operator to the applicant's state agency. Under current state statutes, fingerprints must be taken by a “qualified law enforcement agency or an authorized employee of the department of safety.” Even in situations where fingerprints can be taken by other entities (for example by school district administrators for school district positions), all CHRI record checks must currently either submit all required documentation by mail to the criminal records unit for further processing by them, or direct individuals to one of seven LiveScan device sites and one mobile facility around the state maintained by the department of safety.

VII. When an CHRI record check has been completed by the FBI, the FBI sends its results back to the New Hampshire department of safety’s criminal record unit. The criminal record unit then notifies the applicant's state agency. That agency then notifies the entity wishing to hire that applicant. In no circumstances are the results of a CHRI record check request provided to any non-governmental entity.

VIII. These CHRI record checks are required by New Hampshire statute to protect the public. However, New Hampshire is facing a workforce crisis, and it has become increasingly difficult to fill in a timely manner many of the positions where these national CHRI record checks are required.

(a) For school district positions, RSA 189:13-a already provides that a complete set of fingerprints may be taken by a qualified law enforcement agency or an authorized employee of the school administrative unit, school district, chartered public school, or public academy. RSA 361-A:2 also provides that a complete set of fingerprints may be taken by a qualified law enforcement agency or an authorized employee of the banking department for banking industry employees requiring a CHRI record check.

(b) However, only law enforcement agencies and the New Hampshire department of safety are authorized to take finger prints for a large number of other positions and the department of safety currently maintains only seven applicant LiveScan device sites and one mobile facility around the state. This creates significant backlogs. Candidates for a position are accepting other positions before the national CHRI record checks can be completed and volunteers are often required to complete multiple background checks when volunteering in multiple jurisdictions.

(c) Positions currently requiring a national CHRI record check fall under the purview of the following New Hampshire state departments:

(1) New Hampshire department of education.

(2) New Hampshire banking department.

(3) New Hampshire department of health and human services.

(4) New Hampshire department of safety.

(5) New Hampshire department of revenue administration.

(6) New Hampshire office of professional licensure and certification.

(7) New Hampshire lottery commission and charitable gaming commission.

(d) In addition, there are numerous municipal and county positions that also require a national CHRI record check.

IX. The purpose of this bill is to ensure that national CHRI record checks for employment and volunteer positions currently noted in statute are still appropriate and, where appropriate, those record checks are completed as expeditiously as possible.

2 Department of Revenue Administration; General Provisions; Background Checks. Amend RSA 21-J:3-a, II to read as follows:

II. A candidate for employment in a position in the department or a current employee required by the commissioner to submit to a background investigation and a criminal history records check shall submit to the commissioner a criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any. The candidate or employee shall submit with the release form a complete set of fingerprints taken by a law enforcement agency or an authorized employee of the department of revenue administration as directed by the commissioner. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, any conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the commissioner may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate or employee has lived during the past 5 years.

3 Department of Safety; General Provisions; Employee Candidate Background Checks. Amend RSA 21-P:15-c, II to read as follows:

II. A candidate for employment in a position which the commissioner determines requires a background investigation and a criminal history records check shall submit to the department a criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any. The candidate shall submit with the release form a complete set of fingerprints taken by a law enforcement agency or an authorized employee of the department of safety as directed by the commissioner. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years.

4 County Commissioners; Employee Candidate Background Checks. Amend RSA 28:10-c, II to read as follows:

II. A candidate for employment in a position that the county commissioners determine requires a background investigation and a criminal history records check shall submit to the county a criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any. The candidate shall submit with the release form a complete set of fingerprints taken by a law enforcement agency or an authorized employee of the county as directed by the county commissioners. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the county may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years.

5 Powers and Duties of Towns; Miscellaneous; Background Checks for Certain Vendors. Amend RSA 31:102-b, II to read as follows:

II. For a state and federal criminal records check, the municipality shall request that such person submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, [or] an authorized employee of the department of safety, or an authorized employee of the municipality. The municipality shall submit the criminal history records release form and inked fingerprint card to the division of state police which shall conduct a criminal records check through its records and through the Federal Bureau of Investigation. Fingerprints taken digitally by Live Scan or similar device shall be transmitted directly to the New Hampshire division of state police. In the event that the first set of fingerprints is invalid due to insufficient pattern, the municipality may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 10 years. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the local law enforcement agency of the municipality which shall maintain the confidentiality of all criminal history records information received pursuant to this section. The municipality may charge a fee to recover the costs of such investigation.

6 Choice and Duties of Town Officers; Selectmen; Employee Candidate Background Checks. Amend RSA 41:9-b, II to read as follows:

II. A candidate for employment in a position which the governing body or town manager determines requires a background investigation and a criminal history records check shall submit to the town a criminal history records release form, as provided by the division of state police, which authorizes the release of the person's criminal records, if any. The candidate shall submit with the release form a complete set of fingerprints taken by a law enforcement agency or an authorized employee of the municipality as directed by the governing body or town manager. In the event that the first set of fingerprints is invalid due to insufficient pattern and a second set of fingerprints is necessary in order to complete the criminal history records check, the conditional offer of employment shall remain in effect. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the town may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where a candidate has lived during the past 5 years.

7 Use of Cannabis for Therapeutic Purposes; Alternative Treatment Centers; Requirements. Amend RSA 126-X:8, IV-a(a) to read as follows:

(a) A person applying to be an alternative treatment center agent shall submit directly to the department of safety a criminal history records release form, as provided by the New Hampshire division of state police, authorizing the release of any felony convictions to the department. The applicant shall submit with the release form a complete set of electronic fingerprints taken by a qualified law enforcement agency, [or] an authorized employee of the department of safety, or an authorized employee of the department of health and human services. In the event that the first set of fingerprints is invalid for whatever reason, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances showing no felony convictions from every city, town, or county where the person has lived during the past 5 years. The division of state police shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall report to the department whether or not there are any felony convictions. The department shall maintain the confidentiality of criminal history record information received pursuant to this section. The applicant shall bear the cost of a criminal history records check.

8 Nursing Home Administrators; Criminal History Record Checks. Amend RSA 151-A:6-a, II to read as follows:

II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, [or] an authorized employee of the department of safety, or an authorized employee of the office of professional licensure and certification. 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 records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

9 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, I-a to read as follows:

I-a. The persons described in paragraph I shall complete a Federal Bureau of Investigation fingerprint check using the biometric identification system through a qualified law enforcement agency, [or] an authorized employee of the division of state police, department of safety, or an authorized employee of the department of health and human services, and authorize the release of the person's criminal records, if any, to the department. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

10 Games of Chance; Background and Criminal Records Checks. Amend RSA 287-D:12, III to read as follows:

III. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, [or] an authorized employee of the department of safety, or an authorized employee of the New Hampshire lottery commission. 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 records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the lottery commission may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

11 State Licensed or Certified Real Estate Appraisers; Criminal History Record Checks. Amend RSA 310-B:6-a to read as follows:

II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, [or] an authorized employee of the office of safety, or an authorized employee of the office of professional licensure and certification. The office shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. 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 records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the office may, in lieu of the criminal history records check, conduct the national background check based on personal information.

12 Dentists and Dentistry; Examinations and Licenses; Criminal History Record Checks. Amend RSA 317-A:8-a, II to read as follows:

13 Nurse Practice Act; Criminal History Record Checks. Amend RSA 326-B:15, II to read as follows:

14 Physician Assistants; Criminal History Record Checks. Amend RSA 328-D:3-a, II to read as follows:

15 Naturopathic Health Care Practice; Criminal History Record Checks. Amend RSA 328-E:9-a, II to read as follows:

16 Allied Health Professionals; Licensing Provisions; Criminal History Record Checks. Amend RSA 328-F:18-a, I(a) to read as follows:

(a) The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, [or] an authorized employee of the department of safety, or an authorized employee of the office of professional licensure and certification. 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 records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the office of professional licensure and certification may, in lieu of the criminal history records check, accept police clearances.

17 Board of Registration of Medical Technicians; Criminal History Record Checks. Amend RSA 328-I:7, II to read as follows:

18 Medical Imaging and Radiation Therapy; Criminal History Record Checks. Amend RSA 328-J:7-a, I(a) to read as follows:

(a) The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, [or] an authorized employee of the department of safety, or an authorized employee of the office of professional licensure and certification. 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 records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the executive director may, in lieu of the criminal history records check, accept police clearances from every city, town or county where the person has lived during the past 5 years.

19 Physicians and Surgeons; Examinations and Licenses; Criminal History Record Checks. Amend RSA 329:11-a, II to read as follows:

20 Psychologists; Criminal History Record Checks. Amend RSA 329-B:14-a, II to read as follows:

21 Mental Health Practice; Processing License Applications; Criminal History Record Check. Amend RSA 330-A:15-a, III to read as follows:

III. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, [or] an authorized employee of the department of safety, or an authorized employee of the office of professional licensure and certification. 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 records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.

22 Alcohol and Other Drug Use Professionals; Criminal Record Checks. Amend RSA 330-C:20, II to read as follows:

II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency, [or] an authorized employee of the department of safety, or an authorized employee of the office of professional licensure and certification. If 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 records 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 5 years.

23 Assistance and Documentation Required.

I. The department of safety shall provide each agency listed in sections 2 through 22 of this act with documentation and guidelines to follow when taking and transmitting a complete set of fingerprints within 120 days after the effective date of this bill.

II. No later than 180 days after the effective date of this bill, each of the state agencies identified in sections 2 through 22 shall develop and communicate procedures that it will follow in order to assist any public (local, county, or state) agency or authority or private or non-profit entity that falls under its purview and which by statue is required to obtain a criminal history record check as a condition of employment or volunteer service.

24 New Section; The State Police; Multi-Agency Task Force Established. Amend RSA 106-B by inserting after section 14-c the following new section:

106-B:14-d Multi-Agency Task force Established.

I. There is established a multi-agency task force to study the need for Federal Bureau of Investigation (FBI) Criminal History Record Information (CHRI) record checks for employment and volunteer positions in the state of New Hampshire.

II. The task force shall:

(a) Conduct a review of all employment and volunteer positions referenced in statue where an FBI CHRI record check is currently required.

(b) Recommend whether such record checks will continue to be required.

(d) Identify other additional specific steps and recommendations that should be taken to ensure that employment related FBI CHRI record checks are processed as expeditiously as possible. These recommendations may include among other things:

(1) Developing and promulgating secure processes and procedures to facilitate the electronic transfers of all CHRI record check requests between public and private entities employing individuals where a CHRI record check is required, the public agencies having statutory oversight of those positions, and the New Hampshire department of safety criminal records unit.

(2) The purchase and deployment of additional software, hardware, and equipment to public and private entities involved in the hiring and/or processing and review of individuals where a CHRI record check is required.

(3) Hiring additional staff, providing additional training, and/or outreach to all affected state, county, and local entities on what the most expeditious way to process CHRI record check requests for employment will be going forward.

(e) Consult with other stakeholders such as the New Hampshire Municipal Association, New Hampshire Association of Counties, New Hampshire banking department, and New Hampshire School Administrators Association as appropriate to obtain their input.

III. The task force shall consist of the following members:

(a) The commissioner of the department of safety or designee.

(b) The commissioner of the department of education or designee.

(d) The commissioner of the department of health and human services, or designee.

(e) The executive director of the office of professional licensure and certification or designee.

(f) The commissioner of the lottery commission and charitable gaming commission or designee.

IV. The task force shall be chaired by the commissioner of the department of safety or designee. The first meeting of the task force shall be held within 45 days of the effective date of this bill.

V. The task force shall report its initial findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2024.

VI. The task force shall report its final findings and additional recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before September 1, 2025.

25 Repeal. RSA 106-B:14-d, relative to a multi-agency task force, is repealed.

26 Effective Date.

I. Section 25 of this act shall take effect September 1, 2025.

II. The remainder of this act shall take effect upon its passage.