3jan96.....3981h
25jan96....4466h

0266L
95-0319
04/02

HOUSE BILL 378-FN-LOCAL


AN ACT relative to school employee background investigations.


SPONSORS: Rep. Ham, Graf 4


COMMITTEE: Education


 

This bill revises the procedures and requirements of a school administrative unit or school district in completing a background investigation of an applicant for employment with the unit or district.


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EXPLANATION: Matter added to current law appears in bold italics.
Matter removed from current law appears in [brackets].
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.



3jan96.....3981h
25jan96....4466h

0266L
95-0319
04/02

1 School Employee Background Investigations. RSA 189:13-a is repealed and reenacted to read as follows:
189:13-a School Employee Background Investigations.
I. The employing school administrative unit or school district shall complete a background investigation, including a criminal history records check, on every selected applicant for employment in any position in the school administrative unit or school district prior to a final offer of employment.
II. The selected applicant for employment with a school administrative unit or school district shall submit to the employer a notarized criminal history records release form and a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the school administrative unit or school district.
III. The school administrative unit or school district shall submit the criminal history records release form to the New Hampshire state police which shall conduct a criminal history record inquiry through its records and through the Federal Bureau of Investigation.
IV. The school administrative unit or school district may require the selected applicant for employment to pay the actual costs of the background investigation, including a criminal history records check.
V. Any person who has been convicted of murder, child pornography, aggravated felonious sexual assault, felonious sexual assault, or kidnapping in this state, or under any statute prohibiting the same conduct in another state, territory or possession of the United States, shall not be hired by a school administrative unit or school district.
VI. This section applies to any employee or selected applicant for employment with private businesses and agencies which contract with school administrative units or school districts to provide services, including but not limited to cafeteria workers, school bus drivers, custodial personnel or, any other service where the contractor or employees of the contractor provide services directly to students of the district. The cost for background investigations, including criminal history records checks, for employees or selected applicants for employment with such contractors shall be borne by the contractor.
2 Application.
I. A school employee background investigation, including a criminal history records check, shall be performed under RSA 189:13-a for an employee working under a contract existing on the effective date of this act, only if the employee was hired after the effective date of this act.
II. A school employee background investigation, including a criminal history records check, shall be performed under RSA 189:13-a for each employee working under a contract entered into after the effective date of this act.
3 Effective Date. This act shall take effect 60 days after its passage.

LBAO
LSR 95-0319 *
Amended 1/4/96
Prepared 1/8/96


FISCAL NOTE for an act relative to school employee background investigations.

FISCAL IMPACT:

The Department of Safety has determined this bill, as amended by the House, may increase state revenue and expenditures and local expenditures by an indeterminable amount. There will be no fiscal impact on county revenues and expenditures or on local revenues.


METHODOLOGY:

The Department states this bill requires school administrative units or school districts to complete a background investigation on every applicant for employment. The required criminal history record inquiry is to be performed by the Department of Safety at a cost of $10 each. The bill states the school administrative unit or school district may require the applicant to pay for the background check. The Department of Safety is unable to determine how many background checks will be performed, however, any increased cost will be offset by the $10 fee. If the school administrative unit or school district does not require the applicant to pay for the background check, then expenditures for the locals will increase to cover the $10 fee assessed by the Department of Safety.