2015 -- H 5864

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LC001043

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - CONTRACTORS' REGISTRATION

AND LICENSING BOARD

     Introduced By: Representatives Solomon, Canario, Jacquard, Johnston, and Carnevale

     Date Introduced: March 12, 2015

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 5-65 of the General Laws entitled "Contractors' Registration and

Licensing Board" is hereby amended by adding thereto the following section:

     5-65-27. National criminal records check. – (a) An applicant for any license or

registration issued by the contractors’ registration and licensing board including, but not limited

to, licenses or registrations issued under chapters 65, 65.1, 65.2, 65.3 and 73 of title 5 shall

undergo a national criminal records check, that shall include fingerprints submitted to the Federal

Bureau of Investigation (FBI) by the bureau of criminal identification of the department of

attorney general. The national criminal records check shall be processed prior to issuance of the

license or registration.

     (b) The bureau of criminal identification of the department of attorney general 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 executive director of the

board, in writing, that disqualifying information has been discovered.

     (c) An applicant against whom disqualifying information has been found may provide a

copy of the national criminal records check to the executive director of the board. The executive

director of the board shall make a judgment regarding the issuance of the license or registration.

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

of criminal identification of the department of attorney general shall inform the applicant and the

executive director, in writing, of this fact.

     (e) For the purposes of this section, “disqualifying information” means information

produced by a national criminal records check pertaining to conviction for the following crimes:

murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-

degree sexual assault, third-degree sexual assault, first-degree child molestation sexual assault,

second-degree child molestation sexual assault, any offense under chapter 67 of title 11, 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 crimes against nature), felony

assault, patient abuse, neglect or mistreatment of patients, burglary, first-degree arson, robbery,

felony drug offenses, felony obtaining money under false pretenses, felony embezzlement, abuse,

neglect and/or exploitation of adults with severe impairments, exploitation of elders, felony

larceny, felony banking law violations, willful trespass, or any offense under chapter 41 of title

11.

     (f) For purposes of this subsection, “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.

     (g) The executive director of the board shall maintain on file evidence that national

criminal records checks have been initiated on all applicants for a license or registration on or

after January 1, 2016, and the results of those checks.

     (h) The applicant shall be responsible for the cost of conducting the national criminal

records check through the bureau of criminal identification of the department of attorney general.

     SECTION 2. This act shall take effect on January 1, 2016.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS - CONTRACTORS' REGISTRATION

AND LICENSING BOARD

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     This act would require an applicant for any license or registration issued by the

contractors’ registration and licensing board including, but not limited to, licenses or registrations

issued under chapter 65, 65.1, 65.2, 65.3 and 73 of title 5 to undergo a national criminal records

check that shall include fingerprints submitted to the Federal Bureau of Investigation (FBI) by the

bureau of criminal identification of the department of attorney general.

     This act would take effect on January 1, 2016.

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