Connecticut Law Revision Commission, Criminal Background Checks Committe

REVISION TO SECTION IN CURRENT CRIMINAL BACKGROUND CHECK BILL:

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 Section 12-815a of the general statutes is repealed and the following is substituted in lieu thereof: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 state police background investigation, IN ACCORDANCE WITH SECTION 12-574(i), AND STATE 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

In lines 11-12, reinsert the phrase "police background investigation"and add "IN ACCORDANCE WITH SECTION 12-574(i);" add "AND STATE" before "AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS." The Division of Special Revenue informed me that the State Police conducts a broader investigation for them that includes checking an individual’s employment references, financial standing, "moral character," and other information that is set out in section 12-574(i).

NEW SECTIONS TO ADD TO BILL:

Sec. . Section 12-559 of the general statutes is repealed and the following is substituted in lieu thereof:

Notwithstanding the provisions of section 4-8, the executive director shall, with the advice and consent of the board, appoint unit heads for each of the units created within the division, who shall be exempt from classified service. Each unit head shall be qualified and experienced in the functions to be performed by him. The executive director may employ division stewards for thoroughbred racing, division judges for harness racing, greyhound racing and jai alai, and division veterinarians who shall be exempt from classified service, and may employ, subject to the provisions of chapter 67, such

clerks, stenographers, inspectors, agents and other employees, as may be necessary to carry out the provisions of this chapter. [~~, all of whom shall be fingerprinted~~] SUCH PERSONS SHALL SUBMIT TO AND SUCCESSFULLY COMPLETE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS before being employed. 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. All persons employed pursuant to this section, with the exception of any steward, judge or veterinarian, shall be residents of the state at the time of and during the full term of their employment.

Sec. . Subsection (b) of Section 12-578 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Each applicant for a license under subdivision (2) of subsection (a) of this section shall [~~be fingerprinted~~] SUBMIT TO AND SUCCESSFULLY COMPLETE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS before such license is issued. 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 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.

Sec. . Subsection (e) of Section 12-586f of the general statutes is repealed and the following is substituted in lieu thereof:

(e) Each applicant for a casino gaming employee license, casino gaming service license or casino gaming equipment license shall [~~be fingerprinted~~] SUBMIT TO AND SUCCESSFULLY COMPLETE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS before such license is issued. 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 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.

Sec. . Subsection (e) of Section 12-586g of the general statutes is repealed and the following is substituted in lieu thereof:

(e) Each applicant for a casino gaming employee license, casino gaming service license or casino gaming equipment license shall [~~be fingerprinted~~] SUBMIT TO AND SUCCESSFULLY COMPLETE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS before such license is issued. 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 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.

Sec. . Section 12-802b of the general statutes is repealed and the following is substituted in lieu thereof:

The executive director of the Division of Special Revenue may issue occupational licenses to employees of the Connecticut Lottery Corporation. In determining whether to grant a license to any such employee, the executive director may require the applicant to submit information as to such applicant's: (1) Financial standing and credit which shall, at the discretion of the executive director, be updated annually; (2) moral character; (3) criminal record, if any; (4) previous employment; (5) corporate, partnership or association affiliations; (6) ownership of personal assets; and (7) such other information as the executive director deems pertinent to the issuance of such license, provided the submission of such other information will assure the integrity of the state lottery. EACH APPLICANT FOR AN OCCUPATIONAL LICENSE SHALL SUBMIT TO AND SUCCESSFULLY COMPLETE STATE AND NATIONAL CRIMINAL HISTORY RECORDS CHECKS BEFORE SUCH LICENSE IS ISSUED. 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. 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. The executive director may reject for good cause an application for a license and he may suspend or revoke for good cause any license issued by him after a hearing held in accordance with the provisions of chapter 54. Except as otherwise provided in this section, such occupational license shall remain in effect and not be subject to renewal throughout the term of employment of any such employee holding such a license. Any employee of the Connecticut Lottery Corporation whose license is suspended or revoked, or any such applicant aggrieved by the action of the executive director concerning an application for a license, may appeal to the Gaming Policy Board not later than fifteen days after such decision.