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  • NJ A821
  • Requires criminal history record background checks for public employees handling vital records.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill requires public employees who handle vital records as a condition of their employment to submit to a criminal history background check. Under the bill, a public employer (i.e., a State, county, or municipal government agency) is required to conduct a criminal history background check to determine whether an applicant has committed a crime or offense which would disqualify them from employment as a vital records employee. The bill also requires employers to ensure that each current employee undergo a criminal history record background check no later than the 90th day after the effective date of the bill, as a condition of retaining employment as a vital records employee. The bill provides that an employer has the discretion to waive the criminal history background check for employees who were required to submit to a background check as a condition of employment prior to the bill's effective date, and who otherwise qualify for employment under the bill's provisions. The bill delineates certain crimes and offenses that would disqualify an applicant or current employee from being employed as a vital records employee. The crimes and offenses include theft, forgery or fraudulent practice, or crimes involving any controlled dangerous substances. However, no applicant or current employee is to be disqualified from employment on the basis of any conviction disclosed by a criminal history record background check if that person has affirmatively demonstrated clear and convincing evidence of rehabilitation to the Commissioner of Health. If an applicant refuses to consent to a criminal history record background check, the employer is not to hire that person as a vital records employee. If a current employee refuses to consent to a criminal history record background check, the employer is to terminate that person's employment as a vital records employee, but is to make a reasonable effort to retain that person as an employee in another position within the agency that is unrelated to vital records. Upon receiving criminal history record information for an applicant, the Commissioner of Health is to immediately notify the employer, who is to immediately notify the applicant or current employee in writing. The notice is to include any disqualifying criminal history information that may have been revealed during the background check. The bill affords the applicant or current employee 30 days from the date of the written notice of disqualification to petition the commissioner for a hearing on the accuracy of the criminal history record information or to establish the applicant's or current employee's rehabilitation. Upon the issuance of a final decision on a petition to the commissioner, the commissioner is to notify the applicant or current employee as to whether that individual remains disqualified. An applicant or current employee is required to assume the cost of the criminal history record background check, unless the employer elects to assume the cost.
Homeland Security and State Preparedness
Introduced, Referred to Assembly Homeland Security and State Preparedness Committee  (on 1/27/2016)
 
 

Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Homeland Security and State Preparedness Committee
Date Motion Yea Nay Other
None specified