New Mexico 2019 Regular Session Status: Enacted

HB 98 — FINGERPRINTS TO RENEW A BUSINESS NOT REQUIRED

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    To Executive
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    Enacted

This bill has been enacted into law. Introduced December 19, 2018. Enacted.

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    1 primary, 0 co-sponsors signed on.

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Bill Text

What changed in the latest version

480 added · 752 removed

Plain-language change summary

The amendments to Bill HB 98 add a provision that prohibits the requirement for individuals to resubmit fingerprints when renewing their business, professional, or occupational licenses, with some exceptions. This change simplifies the renewal process for many professionals, making it easier and less time-consuming to maintain their licenses. It matters because it reduces unnecessary bureaucratic hurdles and can potentially encourage more individuals to renew their licenses on time, thereby supporting business continuity and professional practice in New Mexico.

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HOUSE BILL 98 TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 INTRODUCED BY William “Bill” R.
Rehm Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.
It is a tool to show the amendments in context and is not to be used for the purpose of amendments.
PROHIBITING REQUIRING RESUBMISSION OF h FINGERPRINTS TO RENEW A BUSINESS, PROFESSIONAL OR OCCUPATIONAL g o LICENSE SJCº ;
PROHIBITING REQUIRING RESUBMISSION OF FINGERPRINTS TO RENEW A BUSINESS, PROFESSIONAL OR OCCUPATIONAL LICENSE;
CREATING EXCEPTIONS»SJC.
CREATING EXCEPTIONS.
t hr g e i k h r i s BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
h , t, SECTION 1.
SECTION 1.
Section 9-16-6 NMSA 1978 (being Laws 1983, e u g e b l e e h Chapter 297, Section 22) is amended to read:
Section 9-16-6 NMSA 1978 (being Laws 1983, Chapter 297, Section 22) is amended to read:
n d d i = = o h "9-16-6.
"9-16-6.
SUPERINTENDENT--DUTIES AND GENERAL POWERS.-- l ] b ,d i a º e A.
SUPERINTENDENT--DUTIES AND GENERAL POWERS.-- A.
The superintendent is responsible to the r i = r t e w d m a n o governor for the operation of the department.
The superintendent is responsible to the governor for the operation of the department.
It is [his ] the d m :
It is the superintendent's duty to manage all operations of the department and to administer and enforce the laws with which the superintendent or the department is charged.
b e d s º o t n = .211568.1 s k m e e a n e d r e l u [ A d superintendent's duty to manage all operations of the department and to administer and enforce the laws with which [he] the superintendent or the department is charged.
To perform [his] the superintendent's duties, the superintendent has every power expressly enumerated in the laws, whether granted to the superintendent or the department or any division of the department, except where authority conferred upon any division is explicitly exempted from the superintendent's authority by statute.
To perform the superintendent's duties, the superintendent has every power expressly enumerated in the laws, whether granted to the superintendent or the department or any division of the department, except where authority conferred upon any division is explicitly exempted from the superintendent's authority by statute.
(1) except as otherwise provided in the Regulation and Licensing Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and regulations;
(1) except as otherwise provided in the Regulation and Licensing Department Act, exercise general supervisory and appointing authority over all department employees, subject to any applicable personnel laws and HB 98/a Page 1 regulations;
(2) delegate authority to subordinates as [he ] h the superintendent deems necessary and appropriate, clearly g o t hr delineating such delegated authority and the limitations g e i k thereto;
(2) delegate authority to subordinates as the superintendent deems necessary and appropriate, clearly delineating such delegated authority and the limitations thereto;
h r i s (3) organize the department into those h , t, organizational units [he ] the superintendent deems will enable e u g e b l e e h it to function most efficiently, subject to any provisions of n d d i = = o h law requiring or establishing specific organizational units;
(3) organize the department into those organizational units the superintendent deems will enable it to function most efficiently, subject to any provisions of law requiring or establishing specific organizational units;
l ] b ,d i a º e (4) within the limitations of available r i = r t e w d m a n o appropriations and applicable laws, employ and fix the d m :
(4) within the limitations of available appropriations and applicable laws, employ and fix the compensation of those persons necessary to discharge the superintendent's duties;
b e d s º o t n = .211568.1 s k m e - 2 - e a n e d r e l u [ A d compensation of those persons necessary to discharge [his] the superintendent's duties;
(5) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law for whose administration or execution the superintendent is responsible and to enforce those orders and instructions by appropriate administrative action or actions in the courts;
(5) take administrative action by issuing orders and instructions, not inconsistent with the law, to assure implementation of and compliance with the provisions of law for whose administration or execution [he ] the superintendent is responsible and to enforce those orders and instructions by appropriate administrative action or actions in the courts;
(6) conduct research and studies that will improve the operations of the department and the provision of services to the residents of the state;
(6) conduct research and studies that will improve the operations of the department and the provision of services to the [citizens ] residents of the state;
(7) provide courses of instruction and practical training for employees of the department and other HB 98/a Page 2 persons involved in the administration of programs, with the objective of improving the operations and efficiency of administration;
(7) provide courses of instruction and practical training for employees of the department and other persons involved in the administration of programs, with the objective of improving the operations and efficiency of h administration;
(8) prepare an annual budget of the department;
g o t hr (8) prepare an annual budget of the g e i k department;
(9) provide cooperation, at the request of heads of administratively attached agencies, in order to:
h r i s (9) provide cooperation, at the request of h , t, heads of administratively attached agencies, in order to:
(a) minimize or eliminate duplication of services and jurisdictional conflicts;
e u g e b l e e h (a) minimize or eliminate duplication of n d d i = = o h services and jurisdictional conflicts;
(b) coordinate activities and resolve problems of mutual concern;
l ] b ,d i a º e (b) coordinate activities and resolve r i = r t e w d m a n o problems of mutual concern;
and (c) resolve by agreement the manner and extent to which the department shall provide budgeting, recordkeeping and related clerical assistance to administratively attached agencies;
and d m :
b e d s º o t n = .211568.1 s k m e - 3 - e a n e d r e l u [ A d (c) resolve by agreement the manner and extent to which the department shall provide budgeting, [record-keeping ] recordkeeping and related clerical assistance to administratively attached agencies;
(11) give bond in the penal sum of twenty-five thousand dollars ($25,000) and require directors to each give bond in the penal sum of ten thousand dollars ($10,000) conditioned upon the faithful performance of duties, as provided in the Surety Bond Act.
(11) give bond in the penal sum of twenty- five thousand dollars ($25,000) and require directors to each give bond in the penal sum of ten thousand dollars ($10,000) conditioned upon the faithful performance of duties, as provided in the Surety Bond Act.
The department shall pay the costs of these bonds;
The department shall pay HB 98/a Page 3 the costs of these bonds;
and (12) require performance bonds of such h department employees and officers as [he ] the superintendent g o t hr deems necessary, as provided in the Surety Bond Act.
and (12) require performance bonds of such department employees and officers as the superintendent deems necessary, as provided in the Surety Bond Act.
The g e i k department shall pay the costs of these bonds.
The department shall pay the costs of these bonds.
h r i s C.
C.
The superintendent may apply for and receive, h , t, with the governor's approval, in the name of the department any e u g e b l e e h public or private funds, including [but not limited to ] United n d d i = = o h States government funds, available to the department to carry l ] b ,d i a º e out its programs, duties or services.
The superintendent may apply for and receive, with the governor's approval, in the name of the department any public or private funds, including United States government funds, available to the department to carry out its programs, duties or services.
r i = r t e w d m a n o D.
D.
The superintendent may make and adopt such d m :
The superintendent may make and adopt such reasonable and procedural rules and regulations as may be necessary to carry out the duties of the department and its divisions;
b e d s º o t n = .211568.1 s k m e - 4 - e a n e d r e l u [ A d reasonable and procedural rules and regulations as may be necessary to carry out the duties of the department and its divisions;
provided that where a licensing entity requires submission of fingerprints as part of the initial license application, and a licensee has provided fingerprints and the license has been issued, the licensing entity shall not require a licensee to submit fingerprints again to renew the license, but a licensee shall submit to a background investigation if required;
provided that where a licensing entity requires submission of fingerprints as part of the initial license application, and a licensee has provided fingerprints and the license has been issued, the licensing entity shall not require a licensee to submit fingerprints again to renew the license, but a licensee shall submit to a background investigation if required SJCº;
and provided further that the prohibition against requiring additional fingerprints shall not apply to the financial institutions division of the department when utilizing the nationwide multistate licensing system and registry.
and provided further that the prohibition against requiring additional fingerprints shall not apply to the financial institutions division of the department when utilizing the nationwide multistate licensing system and registry»SJC.
No rule or regulation promulgated by the director of any division in carrying out the functions HB 98/a Page 4 and duties of the division shall be effective until approved by the superintendent, unless otherwise provided by statute.
No rule or regulation promulgated by the director of any division in carrying out the functions and duties of the division shall be effective until approved by the superintendent, unless otherwise provided by statute.
Unless otherwise provided by statute, no regulation affecting any person or agency outside the department shall be adopted, amended or repealed without a public hearing on the proposed action before the superintendent or a hearing officer designated by the superintendent.
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Unless h otherwise provided by statute, no regulation affecting any u » r person or agency outside the department shall be adopted, t h g e l i amended or repealed without a public hearing on the proposed h r i s action before the superintendent or a hearing officer h , e h designated by [him ] the superintendent.
The public hearing shall be held in Santa Fe unless otherwise permitted by statute.
The public hearing t u g e b l e e , gh shall be held in Santa Fe unless otherwise permitted by n d d i = = o h statute.
Notice of the subject matter of the regulation, the action proposed to be taken, the time and place of the hearing, the manner in which interested persons may present their views and the method by which copies of the proposed regulation, proposed amendment or repeal of an existing regulation may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing.
Notice of the subject matter of the regulation, the l ] b ,d i a º r action proposed to be taken, the time and place of the hearing, e r = t e w d m a n o the manner in which interested persons may present their views d m :
All rules and regulations shall be filed in accordance with the State Rules Act." SECTION 2.
b r e t º o t n = .211568.1 s k m e - 5 - e a n e d r e l u [ A d and the method by which copies of the proposed regulation, proposed amendment or repeal of an existing regulation may be obtained shall be published once at least thirty days prior to the hearing date in a newspaper of general circulation and mailed at least thirty days prior to the hearing date to all persons who have made a written request for advance notice of hearing.
All rules and regulations shall be filed in accordance with the State Rules Act." SJCº SECTION 2.
BACKGROUND CHECKS--KNOWN CONVICTIONS--ALLEGED ETHICAL MISCONDUCT--REPORTING REQUIRED--[LIMITED IMMUNITY] PENALTY FOR FAILURE TO REPORT.-- A.
BACKGROUND CHECKS--KNOWN CONVICTIONS-- ALLEGED ETHICAL MISCONDUCT--REPORTING REQUIRED--PENALTY FOR FAILURE TO REPORT.-- A.
As used in this section, "ethical misconduct" means unacceptable behavior or conduct engaged in by a licensed school employee and includes inappropriate touching, sexual h harassment, discrimination and behavior intended to induce a u » r child into engaging in illegal, immoral or other prohibited t h g e l i behavior.
As used in this section, "ethical misconduct" HB 98/a Page 5 means unacceptable behavior or conduct engaged in by a licensed school employee and includes inappropriate touching, sexual harassment, discrimination and behavior intended to induce a child into engaging in illegal, immoral or other prohibited behavior.
h r i s B.
B.
An applicant for initial licensure shall be h , e h t u g fingerprinted only upon initial licensure and shall provide two e b l e e , gh fingerprint cards or the equivalent electronic fingerprints to n d d i = = o h the department to obtain the applicant's federal bureau of l ] b ,d i a º r e r = investigation record.
An applicant for initial licensure shall be fingerprinted only upon initial licensure and shall provide two fingerprint cards or the equivalent electronic fingerprints to the department to obtain the applicant's federal bureau of investigation record.
Convictions of felonies or misdemeanors t e w d m a n o contained in the federal bureau of investigation record shall d m :
Convictions of felonies or misdemeanors contained in the federal bureau of investigation record shall be used in accordance with the Criminal Offender Employment Act.
b r e t º o t n = .211568.1 s k m e - 6 - e a n e d r e l u [ A d be used in accordance with the Criminal Offender Employment Act.
Local school boards and regional education cooperatives shall develop policies and procedures to require background checks on an applicant who has been offered employment, a contractor or a contractor's employee with unsupervised access to students at a public school.
Local school boards and regional education cooperatives shall develop policies and procedures to require background checks on an applicant who has been offered HB 98/a Page 6 employment, a contractor or a contractor's employee with unsupervised access to students at a public school.
An applicant for employment who has been h initially licensed within twenty-four months of applying for u » r t h employment with a local school board, regional education g e l i cooperative or a charter school shall not be required to submit h r i s to another background check if the department has copies of the h , e h t u g applicant's federal bureau of investigation records on file.
An applicant for employment who has been initially licensed within twenty-four months of applying for employment with a local school board, regional education cooperative or a charter school shall not be required to submit to another background check if the department has copies of the applicant's federal bureau of investigation records on file.
e b l e e , gh An applicant who has been offered employment, a contractor or a n d d i = = o h l ] b ,d contractor's employee with unsupervised access to students at a i a º r e r = public school shall provide two fingerprint cards or the t e w d m a n o d m :
An applicant who has been offered employment, a contractor or a contractor's employee with unsupervised access to students at a public school shall provide two fingerprint cards or the equivalent electronic fingerprints to the local school board, regional education cooperative or charter school to obtain the applicant's federal bureau of investigation record.
b r e t º o t n = .211568.1 s k m e e a n e d r e l u [ A d equivalent electronic fingerprints to the local school board, regional education cooperative or charter school to obtain the applicant's federal bureau of investigation record.
Convictions of felonies or misdemeanors contained in the federal bureau of investigation record shall be used in accordance with the Criminal Offender Employment Act;
Convictions of felonies or misdemeanors contained in the federal bureau of investigation record shall be used in HB 98/a Page 7 accordance with the Criminal Offender Employment Act;
provided that other information contained in the federal bureau of investigation record, if supported by independent evidence, may form the h basis for the employment decisions for good and just cause.
provided that other information contained in the federal bureau of investigation record, if supported by independent evidence, may form the basis for the employment decisions for good and just cause.
u » r t h Records and related information shall be privileged and shall g e l i not be disclosed to a person not directly involved in the h r i s employment decision affecting the specific applicant who has h , e h t u g been offered employment, contractor or contractor's employee e b l e e , gh with unsupervised access to students at a public school.
Records and related information shall be privileged and shall not be disclosed to a person not directly involved in the employment decision affecting the specific applicant who has been offered employment, contractor or contractor's employee with unsupervised access to students at a public school.
n d d i = = o h l ] b ,d E.
E.
A local superintendent, charter school i a º r e r = administrator or regional education cooperative shall report to t e w d m a n o d m :
A local superintendent, charter school administrator or regional education cooperative shall report to the department any known conviction of a felony or misdemeanor involving moral turpitude of a licensed school employee that results in any type of action against the licensed school employee.
b r e t º o t n = .211568.1 s k m e - 8 - e a n e d r e l u [ A d the department any known conviction of a felony or misdemeanor involving moral turpitude of a licensed school employee that results in any type of action against the licensed school employee.
If the investigation results in a finding of wrongdoing, the local superintendent, charter school administrator or director of a regional education cooperative shall report the identity of the licensed school employee and attendant circumstances of the ethical misconduct on a standardized form to the department and the licensed school employee within thirty days following the h separation from employment.
If the investigation results in a finding of wrongdoing, the local superintendent, charter school administrator or director of a regional education cooperative HB 98/a Page 8 shall report the identity of the licensed school employee and attendant circumstances of the ethical misconduct on a standardized form to the department and the licensed school employee within thirty days following the separation from employment.
Copies of that form shall not be u » r t h maintained in public school, school district or regional g e l i education cooperative records.
Copies of that form shall not be maintained in public school, school district or regional education cooperative records.
No agreement between a h r i s departing licensed school employee and the local school board, h , e h t u g school district, charter school or regional education e b l e e , gh cooperative shall diminish or eliminate the responsibility of n d d i = = o h l ] b ,d investigating and reporting the alleged ethical misconduct, and i a º r e r = any such agreement to the contrary is void.
No agreement between a departing licensed school employee and the local school board, school district, charter school or regional education cooperative shall diminish or eliminate the responsibility of investigating and reporting the alleged ethical misconduct, and any such agreement to the contrary is void.
Unless the t e w d m a n o d m :
Unless the department has commenced its own investigation of the licensed school employee prior to receipt of the form, the department shall serve the licensed school employee with a notice of contemplated action involving that employee's license within ninety days of receipt of the form.
b r e t º o t n = .211568.1 s k m e - 9 - e a n e d r e l u [ A d department has commenced its own investigation of the licensed school employee prior to receipt of the form, the department shall serve the licensed school employee with a notice of contemplated action involving that employee's license within ninety days of receipt of the form.
The secretary may suspend, revoke or refuse to renew the license of a local superintendent, charter school administrator or regional education cooperative director who fails to report as required by Subsections E and F of this section.
The secretary may suspend, revoke or refuse to renew the license of a local superintendent, charter school HB 98/a Page 9 administrator or regional education cooperative director who fails to report as required by Subsections E and F of this section." SECTION 3.
h [H.
Section 60-1A-7 NMSA 1978 (being Laws 2007, Chapter 9, Section 7) is amended to read:
A person who in good faith reports as provided u » r t h in Subsections E and F of this section shall not be held liable g e l i for civil damages as a result of the report.
The person being h r i s accused shall have the right to sue for any damages sustained h , e h t u g as a result of negligent or intentional reporting of inaccurate e b l e e , gh information or the disclosure of any information to an n d d i = = o h l ] b ,d unauthorized person.]"»SJC i a º r e r = SECTION SJCº2.
3.»SJC Section 60-1A-7 NMSA 1978 (being t e w d m a n o d m :
b r e t º o t n = .211568.1 s k m e - 10 - e a n e d r e l u [ A d Laws 2007, Chapter 9, Section 7) is amended to read:
(1) an applicant for a license [or license renewal] shall submit two fingerprint cards to the commission, with one card to be submitted to the board for a statewide check and the other card to be submitted to the federal bureau of investigation for a nationwide check;
(1) an applicant for a license shall submit two fingerprint cards to the commission, with one card to be submitted to the board for a statewide check and the other card to be submitted to the federal bureau of investigation for a nationwide check;
(2) arrest record information from a law enforcement agency or the federal bureau of investigation and h information obtained as a result of the background g o t hr investigation conducted by the board is privileged and shall g e i k not be disclosed to persons not directly involved in the h r i s decision affecting the specific applicant;
(2) arrest record information from a law enforcement agency or the federal bureau of investigation and information obtained as a result of the background investigation conducted by the board is privileged and shall not be disclosed to persons not directly involved in the decision affecting the specific applicant;
h , t, (3) an applicant shall provide all of the e u g e b l e e h information required by the commission;
(3) an applicant shall provide all of the HB 98/a Page 10 information required by the commission;
and n d d i = = o h (4) the cost of the background investigation l ] b ,d i a º e shall be paid by the applicant.
and (4) the cost of the background investigation shall be paid by the applicant.
r i = r t e w d m a n o B.
B.
An applicant for a license who is denied the d m :
An applicant for a license who is denied the license by the commission shall have an opportunity to inspect and challenge the validity of the record on which the denial of the license was based." SECTION 4.
b e d s º o t n = .211568.1 s k m e - 11 - e a n e d r e l u [ A d license by the commission shall have an opportunity to inspect and challenge the validity of the record on which the denial of the license was based." SJCº SECTION 4.
"[NEW MATERIAL] FINGERPRINTS NOT REQUIRED FOR LICENSE RENEWAL.--When a professional or occupational board requires submission of fingerprints as part of the initial license application, and a licensee has provided fingerprints and the license has been issued, the board shall not require a licensee to submit fingerprints again to renew the license, but a licensee shall submit to a background investigation if required." SECTION 5.
"FINGERPRINTS NOT REQUIRED FOR LICENSE RENEWAL.--When a professional or occupational board requires submission of fingerprints as part of the initial license application, and a licensee has provided fingerprints and the license has been issued, the board shall not require a licensee to submit fingerprints again to renew the license, but a licensee shall submit to a background investigation if required." SECTION 5.
CRIMINAL BACKGROUND CHECKS.-- h A.
CRIMINAL BACKGROUND CHECKS.-- A.
The board may adopt rules that provide for u » r t h criminal background checks for all licensees to include:
The board may adopt rules that provide for criminal background checks for all licensees to include:
g e l i (1) requiring criminal history background h r i s checks of applicants for licensure pursuant to the Professional h , e h t u g Psychologist Act;
(1) requiring criminal history background checks of applicants for licensure pursuant to the Professional Psychologist Act;
e b l e e , gh (2) requiring applicants for licensure to be n d d i = = o h fingerprinted only upon initial licensure;
(2) requiring applicants for licensure to be HB 98/a Page 11 fingerprinted only upon initial licensure;
l ] b ,d i a º r e r = (3) providing for an applicant who has been t e w d m a n o d m :
(3) providing for an applicant who has been denied licensure to inspect or challenge the validity of the background check record;
b r e t º o t n = .211568.1 s k m e - 12 - e a n e d r e l u [ A d denied licensure to inspect or challenge the validity of the background check record;
Electronic live fingerprint scans may be used h when conducting criminal history background checks." u » r t h SECTION 6.
Electronic live fingerprint scans may be used when conducting criminal history background checks." SECTION 6.
Section 61-27B-34 NMSA 1978 (being Laws 2007, g e l i Chapter 115, Section 34) is amended to read:
Section 61-27B-34 NMSA 1978 (being Laws 2007, Chapter 115, Section 34) is amended to read:
h r i s "61-27B-34.
"61-27B-34.
BACKGROUND INVESTIGATIONS.-- h , e h t u g A.
BACKGROUND INVESTIGATIONS.-- A.
e b l e e , gh (1) are developed in conjunction with the n d d i = = o h l ] b ,d department of public safety that require background i a º r e r = investigations of all persons licensed or registered pursuant t e w d m a n o d m :
(1) are developed in conjunction with the department of public safety that require background HB 98/a Page 12 investigations of all persons licensed or registered pursuant to the Private Investigations Act to determine if the person has a criminal history;
b r e t º o t n = .211568.1 s k m e - 13 - e a n e d r e l u [ A d to the Private Investigations Act to determine if the person has a criminal history;
Arrest record information received from the h federal bureau of investigation and department of public safety u » r t h shall be privileged and shall not be disclosed to individuals g e l i not directly involved in the decision affecting the specific h r i s applicant or employee.
Arrest record information received from the federal bureau of investigation and department of public safety shall be privileged and shall not be disclosed to individuals not directly involved in the decision affecting the specific applicant or employee.
h , e h t u g C.
C.
The applicant shall pay the cost of obtaining e b l e e , gh criminal history information from the federal bureau of n d d i = = o h l ] b ,d investigation and the department of public safety.
The applicant shall pay the cost of obtaining criminal history information from the federal bureau of investigation and the department of public safety.
i a º r e r = D.
D.
Electronic live scans may be used for conducting t e w d m a n o d m :
Electronic live scans may be used for HB 98/a Page 13 conducting criminal history investigations." SECTION 7.
b r e t º o t n = .211568.1 s k m e - 14 - e a n e d r e l u [ A d criminal history investigations." SECTION 7.
and (3) have the right to inspect or challenge the h validity of the records resulting from the background check if u » r t h the applicant is denied licensure as established by commission g e l i rule.
and (3) have the right to inspect or challenge the validity of the records resulting from the background check if the applicant is denied licensure as established by commission rule.
h r i s B.
B.
Electronic live scans may be used for conducting h , e h t u g criminal history background checks.
Electronic live scans may be used for conducting criminal history background checks.
e b l e e , gh C.
C.
Criminal history records obtained by the n d d i = = o h l ] b ,d commission pursuant to the provisions of this section are i a º r e r = confidential.
Criminal history records obtained by the commission pursuant to the provisions of this section are confidential.
The commission is authorized to use criminal t e w d m a n o d m :
The commission is authorized to use criminal history records obtained from the federal bureau of HB 98/a Page 14 investigation and the department of public safety to conduct background checks on applicants for certification as provided for in Chapter 61, Article 29 NMSA 1978.
b r e t º o t n = .211568.1 s k m e - 15 - e a n e d r e l u [ A d history records obtained from the federal bureau of investigation and the department of public safety to conduct background checks on applicants for certification as provided for in Chapter 61, Article 29 NMSA 1978.
A person who releases or discloses the criminal history records or information contained in those records in violation of the provisions of this section is guilty of a h misdemeanor and shall be sentenced pursuant to the provisions u » r t h of Section 31-19-1 NMSA 1978." g e l i SECTION 8.
A person who releases or discloses the criminal history records or information contained in those records in violation of the provisions of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978." SECTION 8.
Section 61-30-15.1 NMSA 1978 (being Laws 2014, h r i s Chapter 33, Section 20) is amended to read:
Section 61-30-15.1 NMSA 1978 (being Laws 2014, Chapter 33, Section 20) is amended to read:
h , e h t u g "61-30-15.1.
"61-30-15.1.
CRIMINAL HISTORY BACKGROUND CHECKS.-- e b l e e , gh A.
CRIMINAL HISTORY BACKGROUND CHECKS.-- A.
The board may adopt rules that provide for n d d i = = o h l ] b ,d criminal history background checks for all registrants, i a º r e r = certified licensees and licensees to include:
The board may adopt rules that provide for criminal history background checks for all registrants, certified licensees and licensees to include:
t e w d m a n o d m :
(1) requiring criminal history background checks of applicants for registration, certified licensure or HB 98/a Page 15 licensure pursuant to the Real Estate Appraisers Act;
b r e t º o t n = .211568.1 s k m e - 16 - e a n e d r e l u [ A d (1) requiring criminal history background checks of applicants for registration, certified licensure or licensure pursuant to the Real Estate Appraisers Act;
and (5) providing for submission of an applicant's h fingerprint cards to the federal bureau of investigation to u » r t h conduct a national criminal history background check and to the g e l i department of public safety to conduct a state criminal history h r i s background check.
and (5) providing for submission of an applicant's fingerprint cards to the federal bureau of investigation to conduct a national criminal history background check and to the department of public safety to conduct a state criminal history background check.
h , e h t u g B.
B.
Arrest record information received from the e b l e e , gh department of public safety and the federal bureau of n d d i = = o h l ] b ,d investigation shall be privileged and shall not be disclosed to i a º r e r = persons not directly involved in the decision affecting the t e w d m a n o d m :
Arrest record information received from the department of public safety and the federal bureau of investigation shall be privileged and shall not be disclosed to persons not directly involved in the decision affecting the applicant.
b r e t º o t n = .211568.1 s k m e - 17 - e a n e d r e l u [ A d applicant.
Electronic live fingerprint scans may be used when conducting criminal history background checks."»SJC SECTION SJCº3.
Electronic live fingerprint scans may be used when conducting criminal history background checks." SECTION 9.
9.»SJC EFFECTIVE DATE.--The effective date of the provisions of this act is HJCºJuly 1, 2019»HJC SJCºHJCºJanuary 1, 2020»HJC»SJC SJCºJuly 1,»SJC SJCº2019»SJC SJCº2020»SJC .
EFFECTIVE DATE.--The effective date of the HB 98/a Page 16 provisions of this act is July 1, 2020.
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HB 98/a Page 17 3 5 7 9 25
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Action History

  1. Signed

  2. House concurred in Senate amendments

  3. passed Senate

  4. DO PASS, as amended, committee report adopted

  5. DO PASS committee report adopted

  6. Sent to Senate Corporations and Transportation Committee & Senate Judiciary Committee

  7. passed House

  8. DO PASS, as amended, committee report adopted

  9. DO PASS committee report adopted

  10. Sent to House Agriculture & Water Resources Committee & House Judiciary Committee

  11. Sent to House Pre-file

Sponsors

  • William "Bill" R. Rehm · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

  • Rehm, William "Bill" R.

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

Show all 111 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 98?
HB 98 is sponsored by Rehm, William "Bill" R..
What is the current status of HB 98?
This bill has been enacted into law. Introduced December 19, 2018. Enacted.
Where can I track HB 98?
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