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

     

     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:

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

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

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     5-65-27. National Criminal Records Check. -- (a) An applicant for any license or

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

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

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

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

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

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the license or registration.

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

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inform the applicant, in writing, of the nature of the disqualifying information; and, without

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disclosing the nature of the disqualifying information, shall notify the executive director, in

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writing, that disqualifying information has been discovered.

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

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

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make a judgment regarding the issuance of the license or registration.

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

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

 

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executive director, in writing, of this fact.

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

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

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

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

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second degree child molestation sexual assault, any offense under chapter 67 of title 11, assault

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on persons sixty (60) years of age or older, assault with intent to commit specified felonies

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(murder, robbery, rape, burglary, or the abominable and detestable crimes against nature), felony

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

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

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

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

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11. For purposes of this subsection, "conviction" means, in addition to judgments of conviction

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

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defendant has entered a plea of nolo contendere and has received a sentence of probation and

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those instances where a defendant has entered into a deferred sentence agreement with the

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attorney general.

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     (f) The executive director shall maintain on file evidence that national criminal records

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checks have been initiated on all applicants for a license or registration on or after January 1,

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2017, and the results of those checks.

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

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

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     SECTION 2. This act shall take effect on January 1, 2017.

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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

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contractors' registration and licensing board to undergo a national criminal records check, and

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would disqualify any person previously convicted of certain enumerated felony and misdemeanor

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offenses, including willful trespass and shoplifting.

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     This act would take effect on January 1, 2017.

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