2016 -- S 2644 | |
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LC004509 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2016 | |
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A N A C T | |
RELATING TO BUSINESSES AND PROFESSIONS-CONTRACTORS' REGISTRATION | |
AND LICENSING BOARD | |
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Introduced By: Senators Lombardo, P Fogarty, Ciccone, Walaska, and Cote | |
Date Introduced: February 25, 2016 | |
Referred To: Senate Judiciary | |
(Attorney General) | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 5-65 of the General Laws entitled "Contractors’ Registration and |
2 | Licensing Board" is hereby amended by adding thereto the following section: |
3 | 5-65-27. National Criminal Records Check. -- (a) An applicant for any license or |
4 | registration issued by the contractors’ registration and licensing board including, but not limited |
5 | to, licenses or registrations issued under this chapter or chapters 65.1, 65.2, 65.3 and 73 of title 5 |
6 | shall undergo a national criminal records check that shall include fingerprints submitted to the |
7 | Federal Bureau of Investigation (FBI) by the bureau of criminal identification of the department |
8 | of attorney general. The national criminal records check shall be processed prior to issuance of |
9 | the license or registration. |
10 | (b) The bureau of criminal identification of the department of attorney general shall |
11 | inform the applicant, in writing, of the nature of the disqualifying information; and, without |
12 | disclosing the nature of the disqualifying information, shall notify the executive director, in |
13 | writing, that disqualifying information has been discovered. |
14 | (c) An applicant against whom disqualifying information has been found may provide a |
15 | copy of the national criminal records check to the executive director. The executive director shall |
16 | make a judgment regarding the issuance of the license or registration. |
17 | (d) In those situations in which no disqualifying information has been found, the bureau |
18 | of criminal identification of the department of attorney general shall inform the applicant and the |
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1 | executive director, in writing, of this fact. |
2 | (e) For the purposes of this section, "disqualifying information" means information |
3 | produced by a national criminal records check pertaining to conviction for the following crimes: |
4 | murder, voluntary manslaughter, involuntary manslaughter, first degree sexual assault, second |
5 | degree sexual assault, third degree sexual assault, first degree child molestation sexual assault, |
6 | second degree child molestation sexual assault, any offense under chapter 67 of title 11, assault |
7 | on persons sixty (60) years of age or older, assault with intent to commit specified felonies |
8 | (murder, robbery, rape, burglary, or the abominable and detestable crimes against nature), felony |
9 | assault, patient abuse, neglect or mistreatment of patients, burglary, first degree arson, robbery, |
10 | felony drug offenses, felony obtaining money under false pretenses, felony embezzlement, abuse, |
11 | neglect and/or exploitation of adults with severe impairments, exploitation of elders, felony |
12 | larceny, felony banking law violations, willful trespass, or any offense under chapter 41 of title |
13 | 11. For purposes of this subsection, "conviction" means, in addition to judgments of conviction |
14 | entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the |
15 | defendant has entered a plea of nolo contendere and has received a sentence of probation and |
16 | those instances where a defendant has entered into a deferred sentence agreement with the |
17 | attorney general. |
18 | (f) The executive director shall maintain on file evidence that national criminal records |
19 | checks have been initiated on all applicants for a license or registration on or after January 1, |
20 | 2017, and the results of those checks. |
21 | (g) The applicant shall be responsible for the cost of conducting the national criminal |
22 | records check through the bureau of criminal identification of the department of attorney general. |
23 | SECTION 2. This act shall take effect on January 1, 2017. |
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LC004509 | |
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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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1 | This act would require an applicant for any license or registration issued by the |
2 | contractors' registration and licensing board to undergo a national criminal records check, and |
3 | would disqualify any person previously convicted of certain enumerated felony and misdemeanor |
4 | offenses, including willful trespass and shoplifting. |
5 | This act would take effect on January 1, 2017. |
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LC004509 | |
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