TITLE III TOWNS, CITIES, VILLAGE DISTRICTS, AND UNINCORPORATED PLACES
CHAPTER 31 POWERS AND DUTIES OF TOWNS
Miscellaneous
Section 31:102-b
31:102-b Background Checks for Certain Vendors. –
I. Any municipality may require persons who go from door to door, place to place within a town, or town to town, who sell, offer to sell, or take orders for merchandise or offer to perform personal services for household repairs or improvements, to submit to a state records check only, or both a federal and state records check. Municipalities that require a public criminal history record information check shall have such person submit to the municipality a public criminal history record information authorization form, as provided by the division of state police, which authorizes the release of the person's public criminal history record information, if any. To obtain a federal records check, such person shall submit to the municipality a criminal history record authorization form, as provided by the division of state police, which authorizes the release of the person's criminal history record information, if any, and a complete set of fingerprints.
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. 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.
III. To obtain a state records check only, the municipality shall submit a state criminal history records release form, completed by such person, to the division of state police.
IV. Such person shall also include the location of all municipalities in which such person seeks to transact business. Such municipalities, in accordance with their licensing requirements, shall have access to the results of the criminal history records check and the New Hampshire division of state police shall release copies of the criminal history records to such municipalities. Such person shall be responsible for any additional fees for any administrative costs incurred by the New Hampshire division of state police under this section.
Source. 2010, 298:2, eff. Sept. 11, 2010. 2018, 318:4, eff. Aug. 24, 2018. 2019, 297:3, eff. July 1, 2019.