2014 -- H 7505

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LC003511

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- CRIMINAL RECORD

BACKGROUND CHECKS

     Introduced By: Representatives Ajello, Tanzi, and Walsh

     Date Introduced: February 13, 2014

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 5-34-43 of the General Laws in Chapter 5-34 entitled "Nurses" is

hereby amended to read as follows:

     5-34-43. Criminal records review. -- (a) Notwithstanding any provision of law to the

contrary contained in any general or public law, rule or regulation, any person seeking a license to

practice under this chapter, or who is previously licensed and authorized to practice under this

chapter and is seeking employment, shall undergo a federal and statewide criminal background

check (BCI), which shall be processed prior to receiving a license to practice or to enter into

employment.

      (b) The applicant shall apply to the bureau of criminal identification for a national

criminal records check that shall include fingerprints submitted to the federal bureau of

investigation. Upon the discovery of any disqualifying information, the bureau of criminal

identification will inform the applicant in writing of the nature of the disqualifying information;

and, without disclosing the nature of the disqualifying information, will notify the licensing

agency or the potential employer in writing that disqualifying information has been discovered.

      (c) The applicant against whom disqualifying information has been found, may request

that a copy of the criminal background report be sent to the licensing agency or the potential

employer. The licensing agency or the potential employer shall make a judgment regarding the

issuing of a license.

      (d) In those situations in which no disqualifying information has been found, the bureau

of criminal identification shall inform the applicant and the licensing agency or the potential

employer in writing of this fact.

     (e) It shall be the responsibility of the applicant to pay for the criminal records check. The

criminal records check shall be provided to the applicant without charge.

     (f) For the purposes of this section, "disqualifying information" means those offenses

listed in §§ 11-37-8.1, 11-37-8.3 and 23-17-37.

     (g) At the conclusion of the criminal background check required by this section, the

attorney general, the state police, or local police department shall promptly destroy the fingerprint

record of the applicant obtained pursuant to this section.

     SECTION 2. Sections 16-2-18.1 and 16-2-18.4 of the General Laws in Chapter 16-2

entitled "School Committees and Superintendents [ See Title 16 Chapter 97 - The Rhode Island

Board of Education Act]" are hereby amended to read as follows:

     16-2-18.1. Criminal records review. -- (a) Any person seeking employment with a

private school or public school department who has not previously been employed by a private

school or public school department in Rhode Island during the past twelve (12) months shall

undergo a national and state criminal background check to be initiated prior to or within one week

of employment after receiving a conditional offer of employment; provided, however, that

employees hired prior to August 1, 2001 and or who have been continuously employed by a

public school department in Rhode Island during the past twelve (12) months shall be exempted

from the requirements of this section and section 16-2-18.2.

      (b) The applicant shall apply to the bureau of criminal identification (BCI), department

of attorney general, state police or local police department where they reside, for a national and

state criminal records check. Fingerprinting shall be required. Upon the discovery of any

disqualifying information, the bureau of criminal identification, state police or local police

department will inform the applicant in writing of the nature of the disqualifying information;

and, without disclosing the nature of the disqualifying information will notify the employer in

writing that disqualifying information has been discovered.

      (c) An employee against whom disqualifying information has been found may request

that a copy of the criminal background report be sent to the employer who shall make a judgment

regarding the employment of the employee.

      (d) In those situations in which no disqualifying information has been found, the bureau

of criminal identification, state police or local police department shall inform the applicant and

the employer in writing of this fact.

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      (e) For purposes of this section, "disqualifying information" means those offenses listed

in section 23-17-37, and those offenses listed in sections 11-37-8.1 and 11-37-8.3.

      (f) The employer shall maintain on file, subject to inspection by the department of

elementary and secondary education, evidence that criminal records checks have been initiated on

all employees seeking employment subsequent to July 13, 1998, and the results of the checks.

The applicant shall be responsible for the costs of the national and state criminal records check.

The criminal records check shall be provided to the applicant without charge.

      (g) At the conclusion of the criminal background check required in this section, the

attorney general, state police or local police department shall promptly destroy the fingerprint

record of the applicant obtained pursuant to this chapter.

     16-2-18.4. Criminal records review for volunteers. -- (a) Any person who is a current

or prospective volunteer of a private school or public school department and who may have direct

and unmonitored contact with children and/or students on school premises, shall undergo a state

criminal background check to be initiated prior to or within one week of commencement of such

volunteer work.

      (b) The applicant shall apply to the bureau of criminal identification (BCI), department

of attorney general, state police or local police department where he or she resides, for a state

criminal records check. Upon the discovery of any disqualifying information, the bureau of

criminal identification, state police or local police department will inform the applicant in writing

of the nature of the disqualifying information; and, without disclosing the nature of the

disqualifying information will notify the school department in writing that disqualifying

information has been discovered.

      (c) A person against whom disqualifying information has been found may request that a

copy of the criminal background report be sent to the school department which shall make a

judgment regarding the qualifications and fitness of said person to volunteer for the school

department.

      (d) In those situations in which no disqualifying information has been found, the bureau

of criminal identification, state police or local police department shall inform the applicant and

the school department in writing of this fact.

      (e) For purposes of this section, "disqualifying information" means those offenses listed

in section 23-17-37, and those offenses listed in sections 11-37-8.1 and 11-37-8.3.

      (f) The school department shall maintain on file, subject to inspection by the department

of elementary and secondary education, evidence that criminal records checks have been initiated

on all volunteers seeking employment subsequent to July 1, 2012, and the results of the checks.

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The current or prospective volunteer shall be responsible for the costs of the state criminal

records check. The criminal records check shall be provided to the volunteer or applicant without

charge.

      (g) As used in this section and section 16-2-18.5, the term "school department" means

the school department for a public school as well as the governing administrative body for a

private school.

     SECTION 3. Sections 16-48.1-5 and 16-48.1-8 of the General Laws in Chapter 16-48.1

entitled "Certification of Personnel Providing Educational Services to Very Young Children" are

hereby amended to read as follows:

     16-48.1-5. Criminal records check -- Employee. -- Any person seeking employment, if

the employment involves supervisory or disciplinary power over a child or children or involves

routine contact with a child or children without the presence of other employees, in any facility

covered under section 16-48-1 shall, after acceptance by the employer of the affidavit required by

section 16-48.1-3, apply to the Rhode Island bureau of criminal identification for a nationwide

criminal records check. The check will conform to applicable federal standards including the

taking of fingerprints to identify the applicant and any expenses associated with providing the

criminal records check shall be paid by the applicant and/or requesting agency. Upon the

discovery of any disqualifying information as defined in accordance with the rule promulgated by

the commissioner, the Rhode Island bureau of criminal identification will inform the applicant, in

writing, of the nature of the disqualifying information. In addition, the Rhode Island bureau of

criminal identification will inform the employer, in writing, without disclosing the nature of the

disqualifying information, that an item of disqualifying information has been discovered. An

applicant against whom disqualifying information has been found may request that a copy of the

criminal background report be sent to the employer who shall make a judgment regarding the

continued employment of the applicant. In those situations in which no disqualifying information

has been found, the Rhode Island bureau of criminal identification will inform both the applicant

and the employer, in writing, of this fact. The employer will maintain on file, subject to

inspection by the commissioner, evidence that the criminal records checks have been initiated on

all employees seeking employment after August 1, 1985, and the results of the checks. Failure to

maintain that evidence on file will be prima facie grounds to revoke the license or registration of

the operator of the facility. It will be the responsibility of the Rhode Island bureau of criminal

identification to conduct the nationwide criminal records check pursuant to this section. The

nationwide criminal records check will be provided to the applicant for employment without

charge to the applicant and without charge to the prospective employer if the employer is a tax

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exempt corporation or an unincorporated nonprofit organization qualified under section 501(c) of

the United States Internal Revenue Code, 26 U.S.C. section 501(c). At the conclusion of the

criminal background check required by this section, the attorney general, the state police, or local

police department shall promptly destroy the fingerprint record of the applicant obtained pursuant

to this section.

     16-48.1-8. Destruction of fingerprint records. -- At the conclusion of any background

check required by this chapter, the state police or the local police department will promptly

destroy the fingerprint card record of the applicant.

     SECTION 4. Section 23-17.7.1-20 of the General Laws in Chapter 23-17.7.1 entitled

"Licensing of Nursing Service Agencies" is hereby amended to read as follows:

     23-17.7.1-20. Disqualifying information. -- (a) Information produced by a criminal

records review pertaining to conviction, for the following crimes will result in a letter to the

employee and employer disqualifying the applicant from the employment: murder, voluntary

manslaughter, involuntary manslaughter, first degree sexual assault, second degree sexual assault,

third degree sexual assault, assault on persons sixty (60) years of age or older, assault with intent

to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable

crime against nature), felony assault, patient abuse, neglect or mistreatment of patients, first

degree arson, robbery, felony drug offenses, larceny, or felony banking law violations.

      (b) Information produced by a criminal records review pertaining to convictions for

crimes other than those listed in subsection (a) of this section shall entitle, but not obligate the

employer to decline to hire the applicant. An employee against whom conviction information

related to this subsection has been found may request that a copy of the criminal background

report be sent to the employer who shall make a determination regarding the continued

employment of the employee.

      (c) For purposes of this section "conviction" means, in addition to judgments of

conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances

where the defendant has entered a plea of nolo contendere and has received a sentence of

probation and those instances where a defendant has entered into a deferred sentence agreement

with the attorney general.

     SECTION 5. Section 23-20.8-3 of the General Laws in Chapter 23-20.8 entitled

"Licensing of Massage Therapists" is hereby amended to read as follows:

     23-20.8-3. Practice of massage -- Licensed required -- Use of title limited --

Qualifications for licenses continuing education -- Fees. -- (a) A person shall not practice or

hold himself or herself out to others as practicing massage therapy, or as a massage therapist

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without first receiving from the board a license to engage in that practice.

      (b) A person shall hold himself or herself out to others as a massage therapist when the

person adopts or uses any title or description including "massage therapist," "masseur,"

"masseuse," "massagist," "massotherapist," "myotherapist," "body therapist," "massage

technician," "massage practitioner," or any derivation of those terms that implies this practice.

      (c) It shall be unlawful to advertise the practice of massage using the term massage or

any other term that implies a massage technique or method in any public or private publication or

communication by a person not licensed by the state of Rhode Island department of health as a

massage therapist. Any person who holds a license to practice as a massage therapist in this state

may use the title "licensed massage therapist" and the abbreviation "LMT." No other persons may

assume such title or use such abbreviation or any other word, letters, signs, or figures to indicate

that the person using the title is a licensed massage therapist. A massage therapist's name and

license number must conspicuously appear on all of the massage therapist's advertisements. A

massage therapist licensed under this chapter must conspicuously display his or her license in his

or her principal place of business. If the massage therapists does not have a principal place of

business or conducts business in any other location, he or she must have a copy of his or her

license available for inspection while performing any activities related to massage therapy.

      (d)(1) The board shall, by rule, establish requirements for continued education. The

board may establish such requirements to be completed and verified biennially or annually. The

board shall require no more than twelve (12) hours biennially or six (6) hours annually.

      (2) Applicants for biennial licensure renewal shall meet continuing education

requirements as prescribed by the board. On application for renewal of license, massage

therapists shall attest to completion of six (6) hours annually in scope of practice-specific

offerings that may include, but not be limited to:

      (i) Formal presentations;

      (ii) Conferences;

      (iii) Coursework from a regionally accredited college/university; and/or

      (iv) Self-study course, such as online courses awarding one education hour for each hour

completed.

      Such programs or offerings shall be approved or sponsored by a board-approved

organization. The board shall require no more than two (2) hours of ethics or standards of practice

biennially.

      (3) A licensee who fails to complete the continuing education requirements described

herein may be subject to disciplinary action pursuant to section 5-40-13 of this chapter.

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      (4) A license may be denied to any applicant who fails to provide satisfactory evidence

of completion of continuing education relevant to massage therapy as required herein.

      (5) The board may waive the requirement for these educational requirements if the board

is satisfied that the applicant has suffered hardship, which may have prevented meeting the

educational requirements.

      (e) The fee for original application for licensure as a massage therapist and for annual

license renewal shall be as set forth in section 23-1-54. Fees for all other licenses under this

chapter shall be fixed in an amount necessary to cover the cost of administering this chapter.

      (f) Any person applying for a license under this chapter shall undergo a criminal

background check. Such persons shall apply to the bureau of criminal identification of the state

police or local police department for a nationwide criminal records check. Fingerprinting shall be

required. Upon the discovery of any disqualifying information as defined in subsection (g), the

bureau of criminal identification of the state police or the local police department shall inform the

applicant, in writing, of the nature of the disqualifying information and, without disclosing the

nature of the disqualifying information, shall notify the board, in writing, that disqualifying

information has been found. In those situations in which no disqualifying information has been

found, the bureau of criminal identification shall inform the applicant and the board in writing of

this fact. An applicant against whom disqualifying information has been found may request that a

copy of the criminal background report be sent to the board, which shall make a judgment

regarding the licensure of the applicant. The applicant shall be responsible for payment of the

costs of the criminal records check.

      (g) "Disqualifying information" means those offenses, including, but not limited to,

those offenses defined in sections 11-37, 11-37-8.1, 11-37-8.3, 23-17-37, 11-34 and 11-34.1.

     (h) The criminal records check shall be provided to the applicant without charge.

     (i) At the conclusion of the criminal background check required by this section, the

attorney general, the state police, or local police department shall promptly destroy the fingerprint

record of the applicant obtained pursuant to this section.

     SECTION 6. Section 39-18-4.1 of the General Laws in Chapter 39-18 entitled "Rhode

Island Public Transit Authority" is hereby amended to read as follows:

     39-18-4.1. Health and safety of passengers. -- (a) The authority shall have the power to

establish reasonable rules of conduct for passengers for the protection of the health and safety of

passengers and employees of the authority. The rules shall incorporate the provisions of the

Americans with Disabilities Act of 1990, 42 USC section 12101 et seq., and section 28-5.1-7,

chapter 28 of title 11 and chapter 87 of title 42 and be promulgated in accordance with the

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provisions of chapter 35 of title 42.

      (b) All controversies arising out of application of any provision of this section shall be

determined by the general manager or his or her designated hearing officer, who shall afford a

hearing to the passenger and/or his or her parent or guardian, and, after hearing, shall render a

written decision. The decision of the general manager or hearing officer shall be final except that

the passenger aggrieved by the decision shall have a right of appeal to the superior court, which

shall affirm the decision unless it is clearly erroneous or contrary to law. The hearing shall be

conducted in accordance with the provisions of chapter 35 of title 42.

      (c) Notice shall be provided to the RIde funding agency or agencies for any hearing

regarding their client/passengers on RIde vehicles. A representative of the RIde funding agency

or agencies may attend the hearing. The general manager or hearing officer will consider the

recommendation of the RIde funding agency's representative in rendering his/her decision.

      (d) The decision of the general manager or hearing officer may include:

      (1) Refusing to transport a person whose violation of the rules of the authority threatens

the health and safety of passengers or employees of the authority, for a period not to exceed six

(6) months; and/or

      (2) Revoking a passenger's ticket, pass, or other fare medium, regardless of the number

of trips or time period for which the ticket, pass, or other fare medium is valid, if the passenger's

continued presence on an authority vehicle or at an authority facility threatens the health or safety

of the authority's other passengers or employees. The authority shall within a reasonable time

after such a revocation, refund to the passenger the unused value of the ticket, pass, or other fare

medium.

      (e) Nothing under this section precludes any other action permitted by law.

      (f) All RIde buses shall be installed with passenger security cameras when federal funds

become available for this purpose.

      (g) Any person seeking employment as a RIde bus driver shall undergo a criminal

background check to be initiated prior to or within one week of employment. All employees hired

prior to the enactment of this subsection shall be exempted from its requirements.

      (1) The applicant shall apply to the bureau of criminal identification (BCI), department

of attorney general, state police or local police department where he or she resides, for a statewide

criminal records check. Fingerprinting shall not be required. Upon the discovery of any

disqualifying information as defined in section 23-17-37, the bureau of criminal identification of

the state police or the local police department will inform the applicant, in writing, of the nature

of the disqualifying information; and, without disclosing the nature of the disqualifying

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information, will notify the employer, in writing, that disqualifying information has been

discovered.

      (2) An individual against whom disqualifying information has been found may request

that a copy of the criminal background report be sent to the employer who shall make a judgment

regarding the ability of the individual to drive a RIde bus. In those situations in which no

disqualifying information has been found, the bureau of criminal identification, state police or

local police department shall inform the applicant and the employer in writing of this fact.

      (3) The criminal record check requirements of this section shall apply only to persons

seeking to drive RIde buses.

     (4) The criminal records check shall be provided to the applicant without charge.

     SECTION 7. Sections 40-13.2-5, 40-13.2-5.1 and 40-13.2-5.2 of the General Laws in

Chapter 40-13.2 entitled "Certification of Child Care and Youth Serving Agency Workers" are

hereby amended to read as follows:

     40-13.2-5. Criminal records check -- Employee of child care facilities which must be

licensed by the department. -- (a) Any person seeking employment, if that employment involves

supervisory or disciplinary power over a child or children or involves routine contact with a child

or children without the presence of other employees, in any facility which is, or is required to be,

licensed or registered with the department or seeking that employment at the training school for

youth shall, after acceptance by the employer of the affidavit required by section 40-13.2-3, apply

to the bureau of criminal identification of the state police or the local police department for a

nationwide criminal records check. The check will conform to applicable federal standards

including the taking of fingerprints to identify the applicant.

      (b) Upon the discovery of any disqualifying information as defined in accordance with

the rule promulgated by the director, the bureau of criminal identification of the state police or the

local police department will inform the applicant, in writing, of the nature of the disqualifying

information. In addition, the bureau of criminal identification of the state police or the local

police department will inform the relevant employer, in writing, without disclosing the nature of

the disqualifying information, that an item of disqualifying information has been discovered.

      (c) In those situations in which no disqualifying information has been found, the bureau

of criminal identification of the state police or the local police department will inform both the

applicant and the employer, in writing, of this fact.

     (d) An applicant against whom disqualifying information has been found may request

that a copy of the criminal background report be sent to the employer who shall make a judgment

regarding the continued employment of the applicant.

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     (d)(e) The employer will maintain on file, subject to inspection by the department,

evidence that criminal records checks have been initiated on all employees seeking employment

after August 1, 1985, and the results of the checks.

      (e)(f) Failure to maintain that evidence on file will be prima facie grounds to revoke the

license or registration of the operator of the facility.

      (f)(g) It will be the responsibility of the bureau of criminal identification of the state

police or the local police department to conduct the nationwide criminal records check pursuant

to this section. The nationwide criminal records check will be provided to the applicant for

employment without charge.

     (h) At the conclusion of the criminal background check required by this section, the

attorney general, the state police, or local police department shall promptly destroy the fingerprint

record of the applicant obtained pursuant to this section.

     40-13.2-5.1. Criminal records check -- Employee of youth serving agency. -- (a) Any

person seeking employment, if that employment involves supervisory or disciplinary power over

a child or children or involves routine contact with a child or children without the presence of

other employees, in any facility or program which is a youth serving agency shall file with the

employer the affidavit required by section 40-13.2-3. Said affidavit shall be maintained on file by

the employer and shall be made available for inspection by the parent(s)/guardian(s) of any child

who is enrolled in the programs of the youth serving agency.

      (b) Any person seeking employment, if that employment involves supervisory or

disciplinary authority over a child or children or involves routine contact with a child or children

without the presence of other employees, in any youth serving agency, shall apply to the bureau

of criminal identification of the attorney general's office for a criminal records check. The

criminal records check shall be provided to the applicant without charge.

      (c) Those items of information appearing on a criminal records check which have been

determined to constitute disqualifying information by the director pursuant to section 40-13.2-4

of this chapter shall also be items of disqualifying information pursuant to this section.

      (d) Upon the discovery of any disqualifying information as defined in accordance with

the rule promulgated by the director, the bureau of criminal identification of the attorney general's

office will inform the applicant employer, in writing, of the nature of the disqualifying

information. In addition, the bureau of criminal identification of the attorney general's office will

inform the applicant, in writing, without disclosing the nature of the disqualifying information,

that an item of disqualifying information has been discovered.

     (e) An applicant against whom disqualifying information has been found may request that

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a copy of the criminal background report be sent to the employer who shall make a judgment

regarding the continued employment of the applicant.

     (e)(f) In those situations in which no disqualifying information has been found, the

bureau of criminal identification of the attorney general's office will inform both the applicant

and the employer, in writing, of this fact. The employer will maintain on file, and make available

for inspection by the parent(s)/guardian(s) of any child enrolled in the programs of the youth

serving agency, evidence that criminal records checks have been obtained on all employees of the

youth serving agency pursuant to section 40-13.2-5.1, and the results of the checks. The criminal

records checks will be provided to the applicant for employment without charge.

     (g) At the conclusion of the criminal background check required by this section, the

attorney general, the state police, or local police department shall promptly destroy the fingerprint

record of the applicant obtained pursuant to this section.

     40-13.2-5.2. Criminal records check -- Employees of the department of children,

youth and families. -- (a) Any person seeking employment with the department of children,

youth and families, if that employment involves supervisory or disciplinary power over a child or

children or involves routine contact with a child or children without the presence of other

employees, shall apply to the bureau of criminal identification (BCI), department of attorney

general, state police, or local police department where the applicant resides, for a national and

state criminal records check. The check shall conform to the applicable federal standards

including the taking of fingerprints to identify the applicant. The director shall determine by rule

those items of information appearing on a criminal records check which constitute disqualifying

information because the information would indicate that employment could endanger the health

or welfare of a child or children and would be inconsistent with the purpose and intent of the

department of children, youth and families.

      (b) The department of attorney general, the state police or the local police department

shall forward the results of the nationwide and state criminal record checks, including the nature

of any criminal record, on the individual to the individual and to the department of children,

youth and families. Upon the discovery of any disqualifying information with respect to an

applicant, the department of children, youth and families shall inform the applicant of the

disqualifying information. Upon the discovery of any disqualifying information as defined in

accordance with the rules promulgated by the director, the bureau of criminal identification of the

state police or the attorney general's office shall inform the applicant, in writing, of the nature of

the disqualifying information. In addition, the bureau of criminal identification of the attorney

general's office shall inform the department in writing, without disclosing the nature of the

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disqualifying information, that an item of disqualifying information has been discovered.

     (c) An applicant against whom disqualifying information has been found may request that

a copy of the criminal background report be sent to the department which shall make a judgment

regarding the continued employment of the applicant.

     (d) In those situations in which no disqualifying information has been found, the bureau

of criminal identification of the attorney general's office shall inform both the applicant and the

department in writing of this fact.

      (c)(e) The cost of criminal record checks required by this section for individuals who are

not currently employed by the State of Rhode Island shall be the responsibility of the applicant.

The cost of criminal records checks required by this section for individuals who are currently

employed by the State of Rhode Island applicants and employees shall be the responsibility of the

department of children, youth and families.

      (d)(f) Any individual required to submit to a criminal background check, state and/or

federal, under subsection (a) above who has submitted to a criminal background check conducted

within the previous six (6) months in accordance with section 14-1-34 and/or section 15-7-11

and/or sections 40-13.2-2, 40-13.2-4, 40-13.2-5, and/or section 40-13.2-9, shall be exempt from

an additional check but shall request the department of attorney general, the state police or the

local police department which conducted the check forward the results, including the nature of

the criminal record, to the department of children, youth and families.

     (g) At the conclusion of the criminal background check required by this section, the

attorney general, the state police, or local police department shall promptly destroy the fingerprint

record of the applicant obtained pursuant to this section.

     SECTION 8. Sections 40.1-25.1-1 and 40.1-25.1-5 of the General Laws in Chapter 40.1-

25.1 entitled "Employee Criminal Records Check" are hereby amended to read as follows:

     40.1-25.1-1. Purpose. -- In order to provide protection for persons residing in or

receiving services from facilities, programs or agencies licensed, funded and/or operated by the

department of mental health, retardation, and hospitals, all persons eighteen (18) years or older, as

further defined in § 40.1-25.1-3 seeking employment in any facility or program licensed, funded

and/or operated by the department shall be required to undergo a national criminal background

check for the purpose of determining whether the prospective employee has been convicted of a

crime that bears upon his or her fitness to have the responsibility for the safety and well-being of

persons residing in or receiving services from facilities, programs or agencies licensed, funded

and/or operated by the department.

     40.1-25.1-5. Destruction of fingerprint records. -- At the conclusion of any background

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check required by this chapter, the state police or the local police department will promptly

destroy the fingerprint card record of the applicant.

     SECTION 9. Section 45-2-3.3 of the General Laws in Chapter 45-2 entitled "General

Powers" is hereby amended to read as follows:

     45-2-3.3. Background checks. – (a) Notwithstanding any law to the contrary, any

municipal recreation department may request a background check from their local police

department for any employee or volunteer serving their community.

     (b) The applicant shall apply to the bureau of criminal identification for a criminal

records background check. Upon the discovery of any disqualifying information, the bureau of

criminal identification shall inform the applicant in writing of the nature of the disqualifying

information; and, without disclosing the nature of the disqualifying information shall notify the

municipal recreation department in writing that disqualifying information has been discovered.

     (c) An applicant against whom disqualifying information has been found may request that

a copy of the criminal background report be sent to the municipal recreation department. The

municipal recreation department shall make a judgment regarding the continued employment or

volunteerism of the applicant.

     (d) In those situations in which no disqualifying information has been found, the bureau

of criminal identification of the attorney general's office shall inform both the applicant and the

municipal recreation department in writing of this fact.

     (e) For purposes of this section, "disqualifying information" means those offenses listed

in § 23-17-37, and those offenses listed in §§ 11-37-8.1 and 11-37-8.3.

     (f) The criminal records check shall be provided to the applicant without charge.

     SECTION 10. This act shall take effect upon passage.

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LC003511

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LC003511 - Page 13 of 14

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- CRIMINAL RECORD

BACKGROUND CHECKS

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     This act would make changes to how information contained within criminal background

checks made because of employment is disseminated and disclosed. It would also provide that in

most instances, criminal background checks would be provided to the applicant without charge

further, the act would also provide for the prompt destruction of fingerprint records made for

employment background checks.

     This act would take effect upon passage.

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LC003511

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LC003511 - Page 14 of 14