Bill Text: NH SB589 | 2018 | Regular Session | Amended
Bill Title: Relative to authorizing petitions to state licensing boards for review of an individual's criminal record concerning disqualification for licensure.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Passed) 2018-07-05 - Signed by the Governor on 07/02/2018; Chapter 0367; Effective 08/31/2018 [SB589 Detail]
Download: New_Hampshire-2018-SB589-Amended.html
SB 589-FN - AS AMENDED BY THE HOUSE
2May2018... 1671h
2018 SESSION
18-2926
10/03
SENATE BILL 589-FN
SPONSORS: Sen. Reagan, Dist 17; Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Rep. Sytek, Rock. 8; Rep. McGuire, Merr. 29; Rep. Knirk, Carr. 3
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill establishes a procedure for individuals to petition a state board or commission for occupational or professional licensure for a determination of whether the individual's criminal record will disqualify the individual from obtaining state recognition for the occupation or profession.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
2May2018... 1671h 18-2926
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Occupations and Professions; Petitions for Review of a Criminal Record. Amend RSA 332-G by inserting after section 12 the following new section:
332-G:13 Petition for Review of a Criminal Record.
I. The right of an individual to pursue an occupation is a fundamental right.
II. An individual with a criminal record may petition a board or commission at any time, including before obtaining any required education or training, for a determination of whether the individual's criminal record will disqualify the individual from obtaining state recognition.
III. The individual shall include in the petition the individual's criminal record or authorize the board or commission to obtain the individual's criminal record.
IV. The individual may include additional information about the individual's current circumstances, including the time since the offense, completion of the criminal sentence, other evidence of rehabilitation, testimonials, employment history, and employment aspirations.
V. The board or commission is authorized to determine whether the individual's criminal record disqualifies the individual from obtaining state recognition.
VI. Notwithstanding any other statute or rule, the board or commission may find the individual's criminal record disqualifies the individual from obtaining state recognition only if:
(a) The individual's criminal record includes a conviction for a felony or violent misdemeanor; and
(b) The board or commission concludes the state has an important interest in protecting public safety that is superior to the individual's right. The board or commission may make this conclusion only if it determines, by clear and convincing evidence at the time of the petition, that:
(1) The specific offense for which the individual was convicted is substantially related to the state's interest;
(2) The individual, based on the nature of the specific offense for which the individual was convicted and the individual's current circumstances in paragraph IV, is more likely to re-offend by virtue of having the license than if the individual did not have the license; and
(3) A re-offense will cause greater harm than it would if the individual did not have the license.
VII. The board or commission shall issue its determination within 90 days after the board or commission receives the petition. The determination shall be in writing and include the criminal record, findings of fact, and conclusions of law.
VIII. If the board or commission determines the state's interest is superior to the individual's right, the board or commission may advise the individual of actions the individual may take to remedy the disqualification. The individual may submit a revised petition reflecting the completion of the remedies at any time after 90 days following the board's or commission's judgment.
IX. The individual may appeal the determination in paragraph VII as provided for in RSA 541-A.
X. The individual may submit a new petition to the board or commission at any time after 2 years following a final judgment in the initial petition.
XI. The board or commission may rescind its determination at any time if the individual is convicted of an additional offense that the board or commission determines meets the elements in paragraph VI.
XII. The board or commission may charge a fee to recoup its costs not to exceed $100 for each petition.
XIII. The office of professional licensure and certification shall establish an annual reporting requirement of the (a) number of applicants petitioning each board or commission, (b) the numbers of each board's or commission's approvals and denials, (c) the type of offenses for which each board or commission approved or denied the petitions, and (d) other data the office determines. The office will compile and publish annually a report on a searchable public website.
2 Effective Date. This act shall take effect 60 days after its passage
18-2926
Amended 5/3/18
SB 589-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2018-1671h)
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as amended by the House, has a total fiscal impact of less than $10,000 in each of the fiscal years 2019 through 2022.
AGENCIES CONTACTED:
None
