Connecticut Law Revision Commission, Criminal Background Checks Committee

ATTACHMENT A

AN ACT CONCERNING STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 10-221d of the general statutes is repealed and the following is substituted in lieu thereof:

(a) On and after July 1, 1994, each local and regional board of education shall (1) require each applicant for a position in a public school to state whether such person has ever been convicted of a crime or whether criminal charges are pending against such person at the time of his application, and (2) require, subject to the provisions of subsection (d) of this section, each person hired by the board after July 1, 1994, to submit to state and national criminal history records checks within ninety days from the date of employment. Any local or regional board of education may require, subject to the provisions of subsection (d) of this section, any person hired prior to said date to submit to state and national criminal history records checks IN ACCORDANCE WITH SUBSECTION (e) OF THIS SECTION. [The board or a regional educational service center pursuant to subsection (b) of this section shall request the state criminal history records check for each such person from the state police Bureau of Identification. The board or such regional educational service center shall arrange for the fingerprinting of each such person and forward the fingerprints to said bureau which shall submit the fingerprints to the Federal Bureau of Investigation for a national criminal history records check. The board or the regional educational service center may charge each such person a fee for the national criminal history records check which shall not exceed the fee charged by the Federal Bureau of Investigation for performing the check.] If the local or regional board of education receives notice of a conviction of a crime which has not previously been disclosed by such person to the board, the board may (A) terminate the contract of a certified employee, in accordance with the provisions of section 10-151, and (B) dismiss a noncertified employee provided such employee is notified of the reason for

such dismissal, is provided the opportunity to file with the board, in writing, any proper answer to such criminal conviction and a copy of the notice of such criminal conviction, the answer and the dismissal order are made a part of the records of the board. The supervisory agent of a private school may require any applicant for a position in such school or any employee of such school to submit to state and national criminal history records checks in accordance with the procedures described in this subsection.

(b) If a local or regional board of education requests, a regional educational service center shall arrange for fingerprinting pursuant to subsection [~~(a)~~] (e) of this section and forward such fingerprints for state and national criminal history records checks. Such regional educational service centers shall provide the results of such checks to such local or regional board of education.

(c) State and national criminal history records checks for substitute teachers completed within one year prior to the date of employment with a local or regional board of education and submitted to the employing board of education shall meet the requirements of subdivision (2) of subsection (a) of this section. A local or regional board of education shall not require substitute teachers to submit to state and national criminal history records checks pursuant to subdivision (2) if they are continuously employed by such local or regional board of education. For purposes of this section, substitute teachers shall be deemed to be continuously employed by a local or regional board of education if they are employed at least one day of each school year by such local or regional board of education.

(d) The provisions of this section shall not apply to a person required to submit to a criminal history records check pursuant to the provisions of subsection (d) of section 14-44. The provisions of subsection (a) of this section requiring state and national criminal history records checks shall, at the discretion of a local or regional board of education, apply to a person employed by a local or regional board of education as a teacher for a noncredit adult class or adult education activity, as defined in section 10-67, who is not required to hold a teaching certificate pursuant to section 10-145b for his position.

(e) IF CRIMINAL HISTORY RECORDS CHECKS ARE REQUIRED PURSUANT TO SUBSECTION (a) OF THIS SECTION, SUCH CHECKS SHALL BE REQUESTED FROM THE STATE POLICE BUREAU OF IDENTIFICATION AND SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON AN APPLICATION FOR EMPLOYMENT MADE PURSUANT TO THIS SECTION. THE BOARD OR SUCH REGIONAL EDUCATIONAL SERVICE CENTER SHALL ARRANGE FOR THE FINGERPRINTING OF THE PERSON, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION SHALL BE FORWARDED TO THE STATE POLICE BUREAU OF IDENTIFICATION, WHICH SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND SUBMIT THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. EACH APPLICANT SHALL REIMBURSE THE DEPARTMENT OF PUBLIC SAFETY FOR THE ACTUAL COST FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK WHICH SHALL BE EQUAL TO THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECK.

COMMENT

The revision is intended to 1) clearly provide for both state and national criminal background checks, 2) meet FBI standards in providing for national criminal background checks, and 3) clearly provide for the manner in which the fee for a national check is to be paid.

The language "or any other method of positive identification" was added in accordance with FBI specifications.

Sec. 2. Section 12-815a of the general statutes is repealed and the following is substituted in lieu thereof:

[No] THE EXECUTIVE DIRECTOR OF THE DIVISION OF SPECIAL REVENUE SHALL REQUIRE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS FOR THE person or business organization awarded the primary contract by the Connecticut Lottery Corporation to provide facilities, components, goods or services which are necessary for the operation of the activities of said corporation, AND NO SUCH PERSON OR BUSINESS ORGANIZATION may [~~do so~~] PROVIDE SUCH FACILITIES, COMPONENTS, GOODS OR SERVICES unless [~~such~~] THE person or business organization submits to and successfully completes [a] THE state [~~police background investigation~~] AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS or is issued a vendor license by the executive director of the Division of Special Revenue. THE CRIMINAL history RECORDS CHECKS REQUIRED PURSUANT TO THIS SECTION SHALL BE REQUESTED FROM THE STATE POLICE BUREAU OF IDENTIFICATION AND SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON AN APPLICATION MADE PURSUANT TO THIS SECTION. THE EXECUTIVE DIRECTOR SHALL ARRANGE FOR THE FINGERPRINTING OF THE PERSON, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION OF THE PERSON SHALL BE FORWARDED TO THE STATE POLICE BUREAU OF IDENTIFICATION, WHICH SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND SUBMIT THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. A FEE SHALL BE CHARGED BY THE EXECUTIVE DIRECTOR FOR EACH SUCH NATIONAL CRIMINAL HISTORY RECORDS CHECK WHICH SHALL BE EQUAL TO THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECK. THE DIVISION OF SPECIAL REVENUE SHALL REIMBURSE THE DEPARTMENT OF PUBLIC SAFETY FOR THE ACTUAL COST FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK.

COMMENT

See previous comment.

The present statute requires only a state criminal history records check. The revision adds a national check as well.

Sec. 3. Subsection (d) of section 14-44 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) Prior to issuing an operator's license bearing a school endorsement, the commissioner shall [~~request a~~] REQUIRE state AND NATIONAL criminal history records [~~check~~] CHECKS for each applicant. [~~from the state police Bureau of Identification~~.] THE CRIMINAL history RECORDS CHECK REQUIRED PURSUANT TO THIS SUBSECTION SHALL BE REQUESTED FROM THE STATE POLICE BUREAU OF IDENTIFICATION AND SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON AN APPLICATION MADE PURSUANT TO THIS SECTION. The commissioner shall [~~forward the fingerprints obtained pursuant to the provisions of subsection (b) of this section to said bureau which shall~~] ARRANGE FOR THE FINGERPRINTING OF THE PERSON, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION BE FORWARDED TO THE STATE POLICE BUREAU OF IDENTIFICATION, WHICH SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND submit the fingerprints OR OTHER POSITIVE IDENTIFYING INFORMATION to the Federal Bureau of Investigation for a national criminal history records check. A fee shall be charged by the commissioner for each such national criminal history records check which shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. THE DEPARTMENT OF MOTOR VEHICLES SHALL REIMBURSE THE DEPARTMENT OF PUBLIC SAFETY FOR THE ACTUAL COST FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. If notice of a state criminal HISTORY record is received, the commissioner may refuse to issue an operator's license bearing such endorsement and, in such case, shall immediately notify the applicant, in writing, of such refusal. Subject to the provisions of section 46a-80, if notice of a national criminal history record is received, the commissioner may withdraw the operator's license bearing a school endorsement immediately and, in such case, shall immediately notify the holder of such license and his employer, in writing, of such withdrawal.

COMMENT

See comment to section 1.

Sec. 4. Section 17a-151 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Children and Families shall investigate the conditions stated in each application made to him under the provisions of section 17a-145 and SHALL [~~request a~~] REQUIRE STATE AND NATIONAL criminal HISTORY records [~~check~~] CHECKS for any person applying under said section. The commissioner shall investigate the conditions in each application under the provisions of section 17a-149 and, if the commissioner finds such conditions suitable for the proper care of children, or for the placing out of children, under such standards for the promotion of the health, safety, morality and well-being of such children as he prescribes, shall issue such

license as is required as promptly as possible, without expense to the licensee. If after his investigation the commissioner finds that the applicant, notwithstanding good faith efforts, is not able to fully comply with all the requirements he prescribes, but compliance can be achieved with minimal efforts, the commissioner may issue a provisional license for a period not to exceed sixty days. The provisional license may be renewed for additional sixty-day periods, but in no event shall the total of such periods be for longer than one year. Before issuing any license, the commissioner shall give to the selectmen of the town wherein such licensee proposes to carry on the licensed activity ten days' notice in writing that the issuance of such license is proposed, but such notice shall not be required in case of intention to issue such license to any corporation incorporated for the purpose of caring for or placing such children. Each license so issued shall specify whether it is granted for child-caring or child-placing purposes, shall state the number of children who may be cared for, shall be in force twenty-four months from date of issue, and shall be renewed for the ensuing twenty-four months, if conditions continue to be satisfactory to the commissioner. The commissioner shall also provide such periodical inspections and review as shall safeguard the well-being, health and morality of all children cared for or placed under a license issued by him hereunder and shall visit and consult with each such child and with the licensee as often as he deems necessary but at intervals of not more than ninety days. Each licensee under the provisions of this section shall file annually with the commissioner a report containing such information concerning its functions, services and operation, including financial data, as the commissioner requires. Any license issued under this section may be revoked, suspended or limited by the commissioner for cause, after notice given to the person or entity concerned and after opportunity for a hearing thereon. Any party whose application is denied or whose license is revoked, suspended or limited by the commissioner may appeal from such adverse decision in accordance with the provisions of section 4-183. Appeals under this section shall be privileged in respect to the order of trial assignment.

(b) The criminal HISTORY records [~~check~~] CHECKS required pursuant to subsection (a) of this section shall be requested from the State Police Bureau of Identification and shall be applicable to the persons identified on the application made pursuant to section 17a-145. The Commissioner of Children and Families shall arrange for THE fingerprinting of such persons, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. The fingerprints OR OTHER POSITIVE IDENTIFYING INFORMATION [~~of such persons~~] shall be forwarded to the State Police Bureau of Identification, which shall conduct a state criminal history records check and submit the fingerprints OR OTHER POSITIVE IDENTIFYING INFORMATION to the Federal Bureau of Investigation for a national criminal history records check. A fee shall be charged by the commissioner for each such national criminal history records check which shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. THE DEPARTMENT OF CHILDREN AND FAMILIES SHALL REIMBURSE THE DEPARTMENT OF PUBLIC SAFETY FOR THE ACTUAL COST FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK.

(c) The commissioner shall adopt regulations, in accordance with chapter 54,

to establish a staggered schedule for the renewal of licenses issued pursuant to sections 17a-145 and 17a-149.

COMMENT

See comment to section 1.

Sec. 5. Subsection (a) of section 17b-749k of the general statutes is repealed and the following is substituted in lieu thereof:

(a) On and after January 1, 1998, the Commissioner of Social Services shall, within available appropriations, [~~request a~~] REQUIRE STATE AND NATIONAL criminal HISTORY records [~~check~~] CHECKS for any person, other than a relative, providing child care services to a child in the child's home who receives a child care subsidy from the Department of Social Services. [~~Such~~] THE criminal HISTORY records [~~check~~] CHECKS REQUIRED PURSUANT TO THIS SUBSECTION shall be requested from the State Police Bureau of Identification and [~~the Federal Bureau of Investigation~~]. THE COMMISSIONER OF SOCIAL SERVICES SHALL ARRANGE FOR THE FINGERPRINTING OF SUCH PERSON, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION SHALL BE FORWARDED TO THE STATE POLICE BUREAU OF IDENTIFICATION, WHICH SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND SUBMIT THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. The commissioner shall also [~~request~~] REQUIRE a check of the state child abuse registry established pursuant to section 17a-101k. A fee shall be charged by the commissioner for each such national criminal history records check which shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. The Department of Social Services shall reimburse the Department of Public Safety for the actual cost for a national criminal history records check.

COMMENT

See comment to section 1.

Sec. 6. Section 17b-750 of the general statutes is repealed and the following is substituted in lieu thereof:

No child care subsidy shall be paid to an unlicensed child care provider if such provider has been convicted of any crime involving sexual assault of a minor or serious physical injury to a minor or any crime committed in any other state or jurisdiction the essential elements of which are substantially the same as such crimes. If the commissioner has reason to believe that a provider of child care services has been so convicted, he may demand that such provider be subject to state and national criminal history checks. [~~The commissioner shall request the state criminal history records check for such provider from the state police~~] IF CRIMINAL HISTORY RECORDS CHECKS ARE REQUIRED PURSUANT TO THIS SECTION, SUCH CHECKS SHALL BE REQUESTED FROM THE STATE POLICE Bureau of Identification. The commissioner shall arrange for the fingerprinting of such provider, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION SHALL BE FORWARDED TO THE STATE POLICE BUREAU OF IDENTIFICATION, WHICH SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND [~~and forward the fingerprints to said bureau which shall~~] submit the fingerprints OR OTHER IDENTIFYING INFORMATION to the Federal Bureau of Investigation for a national criminal history records check. The commissioner may charge such provider a fee for the national criminal history records check which shall not exceed the fee charged by the Federal Bureau of Investigation for performing the check. THE DEPARTMENT OF SOCIAL SERVICES SHALL REIMBURSE THE DEPARTMENT OF PUBLIC SAFETY FOR THE ACTUAL COST FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK.

COMMENT

See comment to section 1.

Sec. 7. Section 18-81l of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Department of Correction shall (1) require each applicant for a position that will involve direct contact with inmates to state whether such person has ever been convicted of a crime or whether criminal charges are pending against such person at the time of his application, and (2) require each applicant to submit to state and national criminal history records checks.

(b) [~~The Department of Correction shall conduct a state criminal history records check for each applicant. Prior to employment, the]~~ THE CRIMINAL HISTORY RECORDS CHECKS REQUIRED PURSUANT TO SUBSECTION (a) OF THIS SECTION SHALL BE REQUESTED FROM THE STATE POLICE BUREAU OF IDENTIFICATION AND SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON AN APPLICATION MADE PURSUANT TO THIS SECTION. THE Department of Correction shall arrange for the fingerprinting of each successful applicant, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION [~~and shall forward such~~]. THE fingerprints OR OTHER POSITIVE IDENTIFYING INFORMATION SHALL BE FORWARDED to the state Police Bureau of Identification, which shall CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND submit the fingerprints OR OTHER POSITIVE IDENTIFYING INFORMATION to the Federal Bureau of Investigation for a national criminal history records check. The department may charge each applicant a fee for the national criminal history records check which shall not exceed the fee charged by the Federal Bureau of Investigation for performing the check. THE DEPARTMENT OF CORRECTION SHALL REIMBURSE THE DEPARTMENT OF PUBLIC SAFETY FOR THE ACTUAL COST FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK.

COMMENT

See comment to section 1.

Sec. 8. Section 19a-77a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any retail establishment in this state may establish a drop-in supplementary child-care operation on the premises of such retail establishment in accordance with the following requirements:

(1) The hours of operation may only be between six o'clock a.m. and nine o'clock p.m.

(2) No child receiving care shall be less than three years nor more than ten years of age.

(3) A child may not receive more than two hours of care per day.

(4) The operation may immediately notify appropriate law enforcement or state agencies if any child receiving care at such operation is not picked up by a parent or guardian after three hours.

(5) A parent or guardian shall be on the premises at the retail establishment at all times while the child is receiving care.

(6) The retail establishment shall provide a clean and safe area for the drop- in supplementary child-care operation.

(7) At all times the operation shall provide (A) at least one child-care staff person for every ten children and (B) at least one child-care staff person who is twenty years of age or older who has experience in child care.

(8) [~~All child-care staff shall be subject to a criminal records check.~~] The operation shall submit the names of all child-care staff to the Commissioner of Public Health, who shall request a check of such names from the state child abuse registry established pursuant to section 17a-101k.

(b) Any retail establishment that establishes a drop-in supplementary child- care operation under subsection (a) of this section shall provide the Commissioner of Public Health with written notice of the establishment of such operation. The commissioner may monitor and inspect any such operation and shall investigate any complaint received by the commissioner concerning any such operation.

COMMENT

(8) The bracketed language is confusing and should be deleted. The only check conducted by DPH is a check of the state child abuse registry. The language to be deleted seems to imply additional records checks are to be completed.

Sec. 9. Subsection (c) of section 19a-80 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) On and after October 1, 1997, the Commissioner of Public Health, within available appropriations, shall [~~request a fingerprint~~] REQUIRE STATE AND NATIONAL criminal HISTORY records [~~check~~] CHECKS of each prospective employee of a child day care center or group day care home in a position requiring the provision of care to a child. [~~Such fingerprint criminal records check~~] THE CRIMINAL HISTORY RECORDS CHECKS REQUIRED PURSUANT TO THIS SUBSECTION shall be requested from the State Police Bureau of Identification and SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON EACH APPLICATION FOR EMPLOYMENT MADE PURSUANT TO THIS SECTION. THE COMMISSIONER SHALL ARRANGE FOR FINGERPRINTING OF SUCH PERSON, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION SHALL BE FORWARDED TO THE STATE POLICE BUREAU OF IDENTIFICATION, WHICH SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND, UNLESS SUBMITTED BY THE COMMISSIONER, SUBMIT THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO the Federal Bureau of Investigation FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. The commissioner shall also [~~request~~] REQUIRE a check of the state child abuse registry established pursuant to section 17a-101k. A fee shall be charged by the commissioner for each such national [~~fingerprint~~] criminal history records check which shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. The Department of Public Health shall reimburse the Department of Public Safety for the actual cost for a national criminal history records check. Pursuant to the interagency agreement provided for in section 10-16s, the Department of Social Services may agree to transfer funds appropriated for [~~fingerprint~~]criminal records checks to the Department of Public Health. Not more than three months after July 1, 1997, the commissioner shall notify each licensee of the provisions of this subsection.

COMMENT

See comment to section 1.

Sec. 10. Subsection (b) of section 19a-87b of the general statutes is repealed and the following is substituted in lieu thereof:

(b) On and after October 1, 1997, the Commissioner of Public Health, within available appropriations, shall [~~request a fingerprint~~] REQUIRE STATE AND NATIONAL criminal HISTORY records [~~check~~] CHECKS of each initial applicant or prospective employee of a family day care home in a position requiring the provision of care to a child. [~~Such fingerprint~~] THE criminal HISTORY records [~~check~~] CHECKS REQUIRED PURSUANT TO THIS SUBSECTION shall be requested from the State Police Bureau of Identification and SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON EACH APPLICATION FOR A LICENSE OR FOR EMPLOYMENT MADE PURSUANT TO THIS SECTION. THE COMMISSIONER SHALL ARRANGE FOR THE FINGERPRINTING OF SUCH PERSON, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION SHALL BE FORWARDED TO THE STATE POLICE BUREAU OF IDENTIFICATION, WHICH SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND SUBMIT THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO the Federal Bureau of Investigation FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. The commissioner shall also [~~request~~] REQUIRE a check of the state child abuse registry established pursuant to section 17a-101k. A fee shall be charged by the commissioner for each such national [~~fingerprint~~] criminal history records check which shall be equal to the fee charged by the Federal Bureau of Investigation for performing such check. The Department of Public Health shall reimburse the Department of Public Safety for the actual cost for a national [~~fingerprint~~] criminal history records check. Not more than three months after July 1, 1997, the commissioner shall notify each licensee of the provisions of this subsection.

COMMENT

See comment to section 1.

Sec. 11. Subsection (c) of section 19a-491b of the general statutes is repealed and the following is substituted in lieu thereof:

(c) [~~The Division of State Police within the Department of Public Safety shall assist the Department of Public Health in conducting criminal background investigations of persons described in~~] STATE AND NATIONAL CRIMINAL history RECORDS CHECKS SHALL BE REQUESTED FROM THE STATE POLICE BUREAU OF IDENTIFICATION AND SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON AN INITIAL APPLICATION FOR A LICENSE MADE PURSUANT TO subdivision (1) of subsection (a) of section 19a-491a. THE COMMISSIONER OF PUBLIC HEALTH SHALL ARRANGE FOR THE FINGERPRINTING OF THE PERSON, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION OF THE PERSON SHALL BE FORWARDED TO THE STATE POLICE BUREAU OF IDENTIFICATION, WHICH SHALL CONDUCT THE STATE CRIMINAL HISTORY RECORDS CHECK AND SUBMIT THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. A FEE SHALL BE CHARGED BY THE COMMISSIONER FOR EACH SUCH NATIONAL CRIMINAL HISTORY RECORDS CHECK WHICH SHALL BE EQUAL TO THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECK. THE DEPARTMENT OF PUBLIC HEALTH SHALL REIMBURSE THE DEPARTMENT OF PUBLIC SAFETY FOR THE ACTUAL COST FOR A NATIONALCRIMINAL HISTORY RECORDS CHECK.

COMMENT

See comment to section 1.

The present statute requires only a state criminal history records check for owner-applicants of nursing homes. This revised statute requires both state and national records checks of initial applicants for an owner’s license.

Sec. 12. Section 21-40 of the general statutes is repealed and the following is substituted in lieu thereof:

The selectmen of any town and the chief of police of any city may grant licenses to suitable persons to be pawnbrokers and to carry on the business of lending money on the deposit or pledge of personal property, or of purchasing such property on condition of selling it back again at a stipulated price, or of purchasing such property from a person who is not a wholesaler, in such town or city respectively, and may revoke such licenses for cause; but the selectmen shall not grant such licenses for the carrying on of such business within the limits of any city. The person so licensed shall pay, for the benefit of any such city or town, respectively, to the authority granting such license a license fee of fifty dollars, and twenty-five dollars per year thereafter for renewal of such license, and shall, at the time of receiving such license, file, with the mayor of such city or the first selectman of such town, a bond to such city or town, with competent surety, in the penal sum of two thousand dollars, to be approved by such licensing authority, and conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed. Each such license shall designate the place where such business is to be carried on and shall continue one year unless sooner revoked. No license shall be issued under this section by the selectmen or chief of police to any person who has been convicted of a felony. The selectmen or chief of police may [take the fingerprints of any applicant for such license and, if such fingerprints are taken, shall submit such fingerprints to the Federal Bureau of Investigation for a national criminal history records check.] REQUIRE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS OF ANY APPLICANT FOR A LICENSE UNDER THIS SECTION. IF CRIMINAL HISTORY RECORDS CHECKS ARE REQUIRED PURSUANT TO THIS SECTION, SUCH CHECKS SHALL BE REQUESTED FROM THE STATE POLICE BUREAU OF IDENTIFICATION AND SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON THE APPLICATION FOR A LICENSE UNDER THIS SECTION. THE SELECTMEN OR CHIEF OF POLICE SHALL ARRANGE FOR THE FINGERPRINTING OF SUCH PERSON, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION SHALL BE FORWARDED TO THE STATE POLICE BUREAU OF IDENTIFICATION, WHICH SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND SUBMIT THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. A FEE MAY BE CHARGED BY THE SELECTMEN OR CHIEF OF POLICE FOR EACH SUCH NATIONAL CRIMINAL HISTORY RECORDS CHECK WHICH SHALL BE EQUAL TO THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECK. THE TOWN OR CITY SHALL REIMBURSE THE DEPARTMENT OF PUBLIC SAFETY FOR THE ACTUAL COST FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK.

COMMENT

I added language about charging a fee. The language had been bracketed in the previous draft.

Sec. 13. Subsection (a) of section 21-100 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No person may engage in or carry on the business of purchasing gold or gold-plated ware, silver or silver-plated ware, platinum ware, watches, jewelry, precious stones or coins unless such person is licensed by the chief of police or, if there is no chief of police, the first selectman of the municipality in which he intends to carry on such business; except that the provisions of this subsection shall not apply to the purchase of such items from a wholesaler by a manufacturer or retail seller whose primary place of business is located in this state. Such person shall pay an annual fee of ten dollars for such license. The license may be revocable for cause, which shall include, but not be limited to, failure to comply with any requirements for licensure specified by the licensing authority at the time of issuance. A chief of police or first selectman shall refuse to issue a license under this subsection to a person who has been convicted of a felony.

A chief of police or first selectman may [take the fingerprints of an applicant for such license and, if such fingerprints are taken, shall submit such fingerprints to the Federal Bureau of Investigation for a national criminal history records check.] REQUIRE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS OF ANY APPLICANT FOR A LICENSE UNDER THIS SECTION. IF CRIMINAL HISTORY RECORDS CHECKS ARE REQUIRED PURSUANT TO THIS SECTION, SUCH CHECKS SHALL BE REQUESTED FROM THE STATE POLICE BUREAU OF IDENTIFICATION AND SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON THE APPLICATION FOR A LICENSE UNDER THIS SECTION. THE CHIEF OF POLICE OR FIRST SELECTMAN SHALL ARRANGE FOR THE FINGERPRINTING OF SUCH PERSON, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION OF SHALL BE FORWARDED TO THE STATE POLICE BUREAU OF IDENTIFICATION, WHICH SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND SUBMIT THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. [A FEE MAY BE CHARGED BY THE CHIEF OF POLICE OR FIRST SELECTMAN FOR EACH SUCH NATIONAL CRIMINAL HISTORY RECORDS CHECK WHICH SHALL BE EQUAL TO THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECK. THE TOWN OR CITY SHALL REIMBURSE THE DEPARTMENT OF PUBLIC SAFETY FOR THE ACTUAL COST FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK.] For the purposes of this subsection "wholesaler" means a person in the business of selling tangible personal property to be resold at retail or raw materials to be manufactured into suitable forms for use by consumers.

COMMENT

Bracketed language: Same comment as above.

Sec. 14. Subsection (d) of section 22a-6m of the general statutes is repealed and the following is substituted in lieu thereof:

(d) In reviewing the application for a permit, registration, certificate or other license under the provisions of this title, the commissioner may require the applicant or, if the applicant is a business entity, any director, officer, partner or owner of more than five per cent of the total outstanding stock of any class of the applicant's business to submit to state and national criminal history records checks. The commissioner may [~~request a~~] REQUIRE state AND NATIONAL criminal history records [~~check~~] CHECKS for each such [~~applicant, director, officer, partner or stockholder~~] PERSON. IF CRIMINAL HISTORY RECORDS CHECKS ARE REQUIRED PURSUANT TO THIS SECTION, SUCH CHECKS SHALL BE REQUESTED from the State Police Bureau of Identification AND SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON THE APPLICATION FOR A LICENSE UNDER THIS SECTION. The commissioner [~~may~~] SHALL arrange for [~~each such applicant, director, officer, partner or stockholder to provide the information necessary to conduct such criminal history records checks~~] THE FINGERPRINTING OF EACH SUCH PERSON, OR FOR CONDUCTING ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION SHALL BE FORWARDED to the State Police Bureau of Identification, which shall CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND submit [~~such information~~] THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION to the Federal Bureau of Investigation for a national criminal history records check. The commissioner may charge each such applicant, director, officer, partner or stockholder a fee for the state criminal history records check which shall not exceed the fee the State Police Bureau of Identification is authorized to charge an individual for performing the check and a fee for the national criminal history records check which shall not exceed the fee charged by the Federal Bureau of Investigation for performing the check. The commissioner shall collect such fees and forward such fees to the Department of Public Safety. The review by the commissioner of the criminal history of each such applicant, director, officer, partner or stockholder shall be limited to information regarding criminal convictions related to activities regulated under the environmental protection laws of this state, any other state or the federal government.

COMMENT

See comment to section 1.

Sec. 15. Subsection (c) of section 22a-6o of the general statutes is repealed and the following is substituted in lieu thereof:

(c) If the commissioner finds that the information submitted for a registration of a license transfer under this section is insufficient for purposes of determining whether the proposed transferee is able to comply with the terms and conditions of the license, the commissioner may require such transferee to submit such additional information as the commissioner deems necessary to make such determination, including, but not limited to, any information necessary to complete [a] STATE AND NATIONAL criminal history records [~~check under~~] CHECKS IN ACCORDANCE WITH subsection (d) of section 22a-6m.

Sec. 16. Section 29-29 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) No permit for carrying any pistol or revolver shall be issued under the provisions of section 29-28 unless the applicant for the same gives to the issuing authority, upon its request, full information concerning his STATE AND NATIONAL criminal [~~record~~] HISTORY RECORDS, and such issuing authority shall thereupon take a full description and the fingerprints of such applicant, IN ACCORDANCE WITH SUBSECTION (b), and make an investigation concerning his suitability to carry any such weapons.

(b) THE CRIMINAL HISTORY RECORDS CHECKS REQUIRED PURSUANT TO SUBSECTION (a) SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON EACH APPLICATION FOR A PERMIT MADE PURSUANT TO THIS SECTION. THE ISSUING AUTHORITY SHALL FINGERPRINT SUCH PERSON [~~The issuing authority~~] AND shall record the date the fingerprints were taken in the applicant's file, OR CONDUCT ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE STATE POLICE BUREAU OF IDENTIFICATION SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK and, within five business days of such date, if deemed necessary, [~~may forward such~~] SHALL SUBMIT THE fingerprints OR OTHER POSITIVE IDENTIFYING INFORMATION to the Federal Bureau of Investigation for a national criminal history records check. [~~If the applicant's fingerprints are submitted to the Federal Bureau of Investigation for such records check, the~~] THE issuing authority may, in his discretion, issue such permit before a report from [~~said bureau~~] THE FEDERAL BUREAU OF INVESTIGATION relative to such applicant's record has been received. Upon receipt of such report, the issuing authority shall inform the applicant and render a decision on the application within one week of the receipt of the report. If such report has not been received within eight weeks after a sufficient application for a permit has been made, the issuing authority shall inform the applicant of such delay, in writing. No permit shall be issued if the issuing authority has reason to believe the applicant has ever been convicted of a felony. THE COMMISSIONER OF PUBLIC SAFETY MAY CHARGE EACH APPLICANT FEES FOR THE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS WHICH SHALL NOT EXCEED THE FEE THEN CHARGED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECKS.

COMMENT

See comment to section 1.

Sec. 17. Subsection (a) of section 29-36g of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Requests for eligibility certificates under section 29-36f shall be submitted to the Commissioner of Public Safety on application forms prescribed by the commissioner. No eligibility certificate for a pistol or revolver shall be issued under the provisions of said section unless the applicant for the same gives to the Commissioner of Public Safety, upon his request, full information concerning the applicant's STATE AND NATIONAL criminal HISTORY record and relevant information concerning the applicant's mental health history, and the commissioner shall thereupon take a full description and the fingerprints, IN ACCORDANCE WITH THIS SUBSECTION, of such applicant. The commissioner shall record the date the fingerprints were taken in the applicant's file [~~and shall forward such~~]. THE CRIMINAL HISTORY RECORDS CHECKS REQUIRED PURSUANT TO THIS SUBSECTION SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON AN APPLICATION MADE PURSUANT TO THIS SECTION. THE COMMISSIONER SHALL FINGERPRINT THE PERSON OR CONDUCT ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE STATE POLICE BUREAU OF IDENTIFICATION SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND SUBMIT THE fingerprints OR OTHER POSITIVE IDENTIFYING INFORMATION to the Federal Bureau of Investigation for a national criminal history records check [~~and to the for a state criminal history records check~~]. THE COMMISSIONER OF PUBLIC SAFETY MAY CHARGE EACH APPLICANT FEES FOR THE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS WHICH SHALL NOT EXCEED THE FEE THEN CHARGED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECKS. The commissioner shall, within sixty days of receipt of the national criminal history records check from the Federal Bureau of Investigation, either approve the application and issue the eligibility certificate or deny the application and notify the applicant of the reason for such denial in writing.

COMMENT

See comment to section 1.

Sec. 18. Section 29-145 of the general statutes is repealed and the following is substituted in lieu thereof:

Any person desiring to engage in the business of a professional bondsman shall apply to the Commissioner of Public Safety for a license therefor. Such application shall set forth under oath the full name, age, residence and occupation of the applicant, whether the applicant intends to engage in the business of a professional bondsman individually or in partnership or association with another or others, and, if so, the identity of each. It shall also set forth under oath a statement of the assets and liabilities of the applicant, and whether he has been charged with or convicted of crime, and such other information, including fingerprints and photographs, as said commissioner from time to time may require. THE COMMISSIONER SHALL REQUIRE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS FOR ANY APPLICANT FOR A LICENSE UNDER THIS SECTION. THE CRIMINAL HISTORY RECORDS CHECKS REQUIRED PURSUANT TO THIS SECTION SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON THE APPLICATION FOR A LICENSE UNDER THIS SECTION. THE COMMISSIONER SHALL FINGERPRINT SUCH PERSON OR CONDUCT ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE STATE POLICE BUREAU OF IDENTIFICATION SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND SUBMIT THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. THE COMMISSIONER OF PUBLIC SAFETY MAY CHARGE EACH APPLICANT FEES FOR THE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS WHICH SHALL NOT EXCEED THE FEE THEN CHARGED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECKS. No person who has been convicted of a felony shall be licensed to do business as a professional bondsman in this state. No person engaged in law enforcement or vested with police powers shall be licensed to do business as a professional bondsman.

COMMENT

See comment to section 1.

Sec. 19. Section 29-152f of the general statutes is repealed and the following is substituted in lieu thereof:

Any person desiring to engage in the business of a bail enforcement agent shall apply to the Commissioner of Public Safety for a license therefor. Such application shall set forth under oath the full name, age, date and place of birth, residence and occupation of the applicant. It shall also set forth under oath a statement of whether the applicant has been charged with or convicted of crime, and such other information, including fingerprints and photographs, as required by the commissioner. The commissioner shall REQUIRE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS FOR ANY APPLICANT FOR A LICENSE UNDER THIS SECTION. THE CRIMINAL HISTORY RECORDS CHECKS REQUIRED PURSUANT TO THIS SECTION SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON THE APPLICATION FOR A LICENSE UNDER THIS SECTION. THE COMMISSIONER SHALL FINGERPRINT SUCH PERSON OR CONDUCT ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE STATE POLICE BUREAU OF IDENTIFICATION SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND submit the applicant's fingerprints OR OTHER POSITIVE IDENTIFYING INFORMATION to the Federal Bureau of Investigation for a national criminal history record check. THE COMMISSIONER OF PUBLIC SAFETY MAY CHARGE EACH APPLICANT FEES FOR THE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS WHICH SHALL NOT EXCEED THE FEE THEN CHARGED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECKS. Within five years prior to the date of application, the applicant shall have successfully completed a course in the criminal justice system consisting of not less than twenty hours of study approved by the commissioner. No person who has been convicted of a felony or any misdemeanor under section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a-181d, shall be licensed to do business as a bail enforcement agent in this state. No person engaged in law enforcement or vested with police powers shall be licensed to do business as a bail enforcement agent.

COMMENT

See comment to section 1.

Sec. 20. Subsection (b) of section 29-155 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) THE COMMISSIONER SHALL REQUIRE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS FOR ANY APPLICANT FOR A LICENSE UNDER THIS SECTION. THE CRIMINAL HISTORY RECORDS CHECKS REQUIRED PURSUANT TO THIS SECTION SHALL BE REQUESTED FROM THE STATE POLICE BUREAU OF IDENTIFICATION AND SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON THE APPLICATION FOR A LICENSE UNDER THIS SECTION. Each applicant and, in the case of an association, corporation or partnership, each individual composing such association, corporation or partnership, shall submit with the application two complete sets of fingerprints on forms specified and furnished by the commissioner and two photographs, two inches wide by three inches high, taken within six months prior to the application. THE COMMISSIONER SHALL CONDUCT ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE STATE POLICE BUREAU OF IDENTIFICATION SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND submit the applicant's fingerprints OR OTHER POSITIVE IDENTIFYING INFORMATION to the Federal Bureau of Investigation for a national criminal history record check. THE COMMISSIONER OF PUBLIC SAFETY MAY CHARGE EACH APPLICANT FEES FOR THE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS WHICH SHALL NOT EXCEED THE FEE THEN CHARGED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECKS.

COMMENT

See comment to section 1.

Sec. 21. Subsections (c) and (e) of section 29-156a of the general statutes are repealed and the following is substituted in lieu thereof:

(c) THE COMMISSIONER SHALL REQUIRE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS FOR ANY APPLICANT FOR REGISTRATION UNDER THIS SECTION. THE CRIMINAL HISTORY RECORDS CHECKS REQUIRED PURSUANT TO THIS SECTION SHALL BE REQUESTED FROM THE STATE POLICE BUREAU OF IDENTIFICATION AND SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON THE APPLICATION FOR REGISTRATION UNDER THIS SECTION. The application for registration shall be accompanied by two sets of fingerprints of the employee and two photographs of the employee, two inches wide by two inches high, full-face, with and without head covering, taken within six months prior thereto, and a thirteen-dollar registration fee payable to the state. THE COMMISSIONER SHALL CONDUCT ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE STATE POLICE BUREAU OF IDENTIFICATION SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND SUBMIT THE APPLICANT'S FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK. THE COMMISSIONER OF PUBLIC SAFETY MAY CHARGE EACH APPLICANT FEES FOR THE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS WHICH SHALL NOT EXCEED THE FEE THEN CHARGED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECKS. Subject to the provisions of section 46a-80, no person shall be approved for employment who has been convicted of a felony, any sexual offense or any crime that would tend to question his honesty and integrity, or who has been refused a license under the provisions of this chapter for any reason except minimum experience, or whose license, having been granted, has been revoked or is under suspension. Upon being satisfied of the suitability of the applicant for employment the commissioner shall register the employee and so notify the licensee and place his registration form and all related material on file with the division of state police within the Department of Public Safety.

(e) The commissioner may waive STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS AND the submission of fingerprints and photographs for any employee who has been employed by a licensed private detective or security service or agency within the previous six months.

COMMENT

See comment to section 1.

Sec. 22. Subsections (d) and (e) of section 29-349 of the general statutes are repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Public Safety shall have exclusive jurisdiction in the preparation of and may enforce reasonable regulations for the safe and convenient storage, transportation and use of explosives and blasting agents used in connection therewith, which regulations shall deal in particular with the quantity and character of explosives and blasting agents to be stored, transported and used, the proximity of such storage to inhabited dwellings or other occupied buildings, public highways and railroad tracks, the character and construction of suitable magazines for such storage, protective measures to secure such stored explosives and blasting agents and the abatement of any hazard that may arise incident to the storage, transportation or use of such explosives and blasting agents.

(b) No person, firm or corporation shall engage in any activity concerning the storage, transportation or use of explosives unless such person, firm or corporation has obtained a license therefor from the Commissioner of Public Safety. Such license shall be issued upon payment of a fee of fifty dollars and upon submission by the applicant of evidence of good moral character and of competence in the control and handling of explosives, provided, if such license is for the use of explosives, it may be issued only to an individual person after demonstration that he is technically qualified to detonate explosives. Any such license to use explosives shall bear both the fingerprints of the licensee obtained by the Commissioner of Public Safety at the time of licensing, and his photograph, furnished by him, of a size specified by the commissioner and taken not more than one year prior to the issuance of the license. Each such license shall be valid for one year from the date of its issuance, unless sooner revoked or suspended, and may be renewed annually thereafter upon a payment of thirty dollars.

(c) THE COMMISSIONER OF PUBLIC SAFETY SHALL REQUIRE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS FOR ANY APPLICANT FOR A LICENSE UNDER THIS SECTION. THE CRIMINAL HISTORY RECORDS CHECKS REQUIRED PURSUANT TO THIS SECTION SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON THE APPLICATION FOR A LICENSE UNDER THIS SECTION. THE COMMISSIONER SHALL CONDUCT ANY OTHER METHOD OF POSITIVE IDENTIFICATION REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION. THE STATE POLICE BUREAU OF IDENTIFICATION SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK AND SUBMIT THE APPLICANT'S FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORD CHECK. THE COMMISSIONER OF PUBLIC SAFETY MAY CHARGE EACH APPLICANT FEES FOR THE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS WHICH SHALL NOT EXCEED THE FEE THEN CHARGED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH CHECKS.

[~~(c)~~] (d) No person shall manufacture, keep, store, sell or deal in any explosives unless he has a valid license under the provisions of subsection (b) and obtains from the Commissioner of Public Safety or from the fire marshal of the town where such business is conducted a written permit therefor, which permit shall not be valid for more than one year and for which he shall pay a fee of twenty-five dollars. If the permit is issued by the Commissioner of Public Safety, the commissioner shall forward a copy thereof to the local fire marshal. Such permit so granted shall definitely state the location of the building where such business is to be carried on or such explosive deposited and shall state that such building or premises complies with the regulations provided for in this section.

[~~(d)~~] (e) No person shall procure, transport or use any explosives unless he has a valid license under subsection (b) and has obtained a written permit therefor signed by the Commissioner of Public Safety or by the fire marshal of the town where such explosive is to be used, specifying the name of the purchaser, the amount to be purchased and transported and the purpose for which it is to be used. Any such permit to use explosives shall state the number of years he has been engaged in blasting activity. Such permit shall be valid for such period, not longer than one year, as is required to accomplish the purpose for which it was obtained. No carrier shall transport any such explosive until the vehicle transporting the explosive has been inspected and approved by the department of public safety and unless such written permit accompanies the same and no person shall have in his possession any such explosive unless he has a license and permit therefor. The fee for such inspection shall be twenty-five dollars. The fee for such permit shall be twenty dollars. Each person who has in his custody or possession any explosive or any detonating caps for explosives shall keep the same either under personal observation or securely locked up.

[~~(e)~~] (f) Any license or permit issued under the provisions of this section may be suspended or revoked by the issuing authority for violation by the licensee or permittee of any provision of law or regulation relating to explosives or conviction of such licensee or permittee of any felony or misdemeanor. Suspension or revocation of a license shall automatically suspend or revoke the permit and the suspension or revocation of a permit shall automatically suspend or revoke the license.

[~~(f)~~] (g) Any person who, by himself or by his employee or agent or as the employee or agent of another, violates any provision of this section, or any regulation made by the Commissioner of Public Safety pursuant to the provisions of this section, shall be fined not more than ten thousand dollars or imprisoned not more than ten years or both.

[~~(g)~~] (h) As used in this section, "blasting agent" means any material, composition or mixture intended for blasting, consisting substantially of a fuel and oxidizer, none of the ingredients of which is an explosive as defined in section 29-343, and the finished product of which as mixed and packaged for use or shipment cannot be detonated by the test procedure established by regulations adopted by the Commissioner of Public Safety in accordance with chapter 54.

[~~(h)~~] (i) Notwithstanding the provisions of this section, the Labor Commissioner shall regulate the storage, transportation and use of explosives and blasting agents in places of employment insofar as such activities relate to employee health and safety, provided such regulations shall be no less stringent than those prepared and enforced by the Commissioner of Public Safety pursuant to this section.

COMMENT

See comment to section 1.

Sec. 23. Subsection (h) of section 38a-660 of the general statutes is repealed and the following is substituted in lieu thereof:

(h) In addition to all other requirements prescribed in this section, each applicant for a license shall furnish satisfactory evidence to the commissioner that: (1) The applicant is at least eighteen years of age; (2) the applicant is a citizen of the United States; and (3) the applicant has never been convicted of a felony or any misdemeanor under section 21a-279, 53a-58, 53a-61, 53a-61a, 53a-62, 53a-63, 53a-96, 53a-173, 53a-175, 53a-176, 53a-178 or 53a- 181d. Such applicant shall also submit to [~~a background investigation, including an investigation of any prior criminal activity, to be conducted by~~

~~the Division of Criminal Justice utilizing the Federal Bureau of Investigation and other law enforcement agencies.~~] STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS. SUCH CRIMINAL HISTORY RECORDS CHECKS SHALL BE REQUESTED BY THE DIVISION OF CRIMINAL JUSTICE FROM THE STATE POLICE BUREAU OF IDENTIFICATION AND SHALL BE APPLICABLE TO THE PERSON IDENTIFIED ON EACH APPLICATION MADE PURSUANT TO THIS SECTION. IF ANY OTHER METHOD OF POSITIVE IDENTIFICATION IS REQUIRED BY THE STATE POLICE BUREAU OF IDENTIFICATION OR THE FEDERAL BUREAU OF INVESTIGATION, THE COMMISSIONER SHALL ARRANGE FOR CONDUCTING SUCH OTHER METHOD OF POSITIVE IDENTIFICATION OF SUCH PERSON. THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION SHALL BE FORWARDED TO THE STATE POLICE BUREAU OF IDENTIFICATION, WHICH SHALL CONDUCT A STATE CRIMINAL HISTORY RECORDS CHECK. THE STATE POLICE BUREAU OF IDENTIFICATION SHALL SUBMIT THE FINGERPRINTS OR OTHER POSITIVE IDENTIFYING INFORMATION TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONAL CRIMINAL HISTORY RECORDS CHECK. *[~~All processing fees incurred as a result of such investigation shall be paid by the applicant.~~] [THE COMMISSIONER OF PUBLIC SAFETY MAY CHARGE EACH APPLICANT FEES FOR FINGERPRINTING AND FOR THE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS WHICH SHALL NOT EXCEED THE FEE THEN CHARGED BY THE DEPARTMENT OF PUBLIC SAFETY AND THE FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION FOR PERFORMING SUCH FINGERPRINTING AND CHECKS.]

COMMENT

See comment to section 1.

Sec. 24. (NEW)

(a) If a state or national criminal history records check is required pursuant to any section of the general statutes, such check shall be requested from the State Police Bureau of Identification and shall be applicable to the individual identified in the request. The requesting party shall arrange for the fingerprinting of the individual, or for conducting any other method of positive identification required by the State Police Bureau of Identification and, if a national criminal history records check is requested, by the Federal Bureau of Investigation. The fingerprints or other positive identifying information shall be forwarded to the State Police Bureau of Identification which shall conduct a state criminal history records check. If a national criminal history records check is requested, the State Police Bureau of Identification shall submit the fingerprints or other positive identifying information to the federal bureau of investigation, unless the federal bureau of investigation permits direct submission by the requesting party.

(b) The commissioner of public safety may charge fees for conducting criminal history background checks as follows:

(1) For a person applying directly to the State Police Bureau of Identification, for a state criminal history records check, the fee then charged by the department of public safety and, for a national criminal history records check, the fee then charged by the Federal Bureau of Investigation for performing such checks; and

(2) For a state agency requesting a national criminal history records check of a person, the fee then charged by the Federal Bureau of Investigation for performing such checks. The state agency shall reimburse the department of public safety for such cost. Unless otherwise provided by the other section, the state agency may charge the person a fee equal to the amount paid by the state agency under this subdivision.

COMMENT

This section is intended as a general statute providing for state and national criminal background checks that may be referenced by new statutes providing for such checks. Referencing this section will assure consistency among statutes requiring or permitting background checks, as well as assuring that statutes contemplating national background checks will meet FBI standards for conducting those checks.

Sec. 25. Effective date. This act shall be effective as of July 1, 2001.

STATEMENT OF PURPOSE: To clarify and unify statutory language requiring state and national criminal history records checks.