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 Fiscal Note & Local Impact Statement

127 th General Assembly of Ohio

Ohio Legislative Service Commission

77 South High Street, 9th Floor, Columbus, OH 43215-6136 ˛ Phone: (614) 466-3615

˛ Internet Web Site: http://www.lsc.state.oh.us/

 

BILL:

H.B. 104

DATE:

March 28, 2007

 

STATUS:

As Introduced

SPONSOR:

Rep. Core

LOCAL IMPACT STATEMENT REQUIRED:

No —

No local cost

 


CONTENTS:

Requires initial license applicants for specified licensed professions to obtain a criminal background check from the Bureau of Criminal Identification and Investigation and requires the appropriate licensing board to consider the results of those checks in determining a person's eligibility for licensure

 

State Fiscal Highlights

 

STATE FUND

FY 2008

FY 2009

FUTURE YEARS

General Reimbursement Fund (Fund 106) – Attorney General

     Revenues

Offsetting gain from background check fees

Offsetting gain from background check fees

Offsetting gain from background check fees

     Expenditures

Increase corresponding to the number of license applicants

Increase corresponding to the number of license applicants

Increase corresponding to the number of license applicants

Note:  The state fiscal year is July 1 through June 30.  For example, FY 2007 is July 1, 2006 – June 30, 2007.

 

·         The Attorney General's Bureau of Criminal Identification and Investigation (BCII) will likely experience annual revenue gains for performing additional criminal records checks on persons applying for a license from 1 of 15 specified licensing agencies.  Any gain in revenue by the BCII would likely be offset by an increase in expenditures related to performing these criminal records checks.

Local Fiscal Highlights

 

·        No direct fiscal effect on political subdivisions.

 


 


 

 

Detailed Fiscal Analysis

 

Overview

 

This bill requires a criminal records check of an applicant for an initial license from 15 licensing and regulatory boards (the list of Boards is available in the LSC bill analysis).  The specified licensing agencies may not grant an application for an initial license unless the applicant requests a criminal records check as required by the bill and the agency decides that the results of the check do not impair the applicant’s eligibility for a license.

 

Applicants for a license in specified occupations must submit a request to the Bureau of Criminal Identification and Investigation (BCII), which is within the Attorney General’s Office, for a criminal records check of the applicant.  The appropriate form, fingerprint impressions, and the fee required by BCII for the criminal records check must accompany the request.  BCII charges $15 to perform a state criminal records check and charges an additional $24 to obtain information from the FBI to perform a federal criminal records check.  Thus, a request to perform a criminal records check on a person could cost either $15 for a state criminal records check or $39 for both a state and federal criminal records check.

 

The applicant must provide BCII with the applicant’s name and address, the licensing agency’s name and address, and request that BCII obtain from the FBI any information it has pertaining to the applicant.  Once BCII receives the applicant’s required information, it must then conduct the records check to determine if there is any information indicating that the applicant has been convicted of or plead guilty to any criminal offense in Ohio or any other state.  BCII must make the results available to the licensing agency for use in determining whether the applicant should be granted a license and the licensing agency must make the results available to the applicant or the applicant’s representative.  The bill requires each specified licensing agency to adopt rules establishing administrative and procedural requirements for the criminal records checks, which would pose little to no additional cost to the boards.

 

State fiscal effects

 

            The Attorney General's Bureau of Criminal Identification and Investigation (BCII) will likely experience annual revenue gains to the General Reimbursement Fund (Fund 106) for performing additional criminal records checks on persons applying for a license from 1 of 15 specified licensing agencies.  Any gain in revenue by the BCII would likely be offset by an increase in expenditures related to performing these criminal records checks.  The bill requires the applicant to pay the appropriate fees for the criminal background check.  Consequently, the specified licensing agencies would not bear any cost for the criminal background checks.

 

 

LSC fiscal staff:  Jason Phillips, Budget Analyst

 

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