Fiscal Note & Local Impact Statement
127 th General Assembly of Ohio
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BILL: |
DATE: |
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STATUS: |
SPONSOR: |
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LOCAL IMPACT
STATEMENT REQUIRED: |
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STATE FUND |
FY 2008 |
FY 2009 |
FUTURE YEARS |
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General Reimbursement Fund
(Fund 106) – Attorney General |
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Revenues |
Offsetting gain from
background check fees |
Offsetting gain from
background check fees |
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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 2008 is July 1, 2007 – June 30, 2008.
·
The Attorney General's
Bureau of Criminal Identification and Investigation (BCII) will likely
experience annual gains in fee revenue for performing additional criminal
records checks on persons applying for a license from 1 of 16 specified
licensing agencies and from prospective or current employees of the Treasurer
of State. Any gain in revenue by BCII
would likely be offset by an increase in expenditures related to performing
these criminal records checks.
·
No
direct fiscal effect on political subdivisions.
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Overview
This bill requires a
criminal records check of an applicant for an initial license or restored
license from 16 licensing and regulatory boards. 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 make the applicant ineligible for a license. The bill also permits the Treasurer of State (TOS) to require a
prospective or current employee to undergo a criminal records check.
Applicants for a license in
the specified occupations or TOS (in the case of TOS job applicants or
employees) must submit a request to the Attorney General's Bureau of Criminal
Identification and Investigation (BCII) for a criminal records check. The appropriate form, fingerprint
impressions, and the fee required by BCII for the criminal records check must
accompany the request. Effective
January 1, 2008, BCII will charge $22 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 $22
for a state criminal records check or $46 for both a state and federal criminal
records check.
An occupational licensing
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.
Similarly, the bill gives
TOS the authority to deny or terminate the employment of an individual in
certain circumstances, such as failure to provide a completed form and
fingerprint impressions or conviction on any offense involving or relating to
fraud, deceit, or theft. TOS, when
determining to take any employment action such as termination in regard to the
results of the records check, must afford current employees a due review
process in which various factors like the employee's age at the time of the
offense, the nature and seriousness of the offense, and so forth, are
considered.
State fiscal effects
The
Attorney General's Bureau of Criminal Identification and Investigation (BCII)
will likely experience annual gains in fee revenue to the General Reimbursement
Fund (Fund 106) for performing additional criminal records checks on persons
applying for a license from any of the 16 specified licensing agencies and from
TOS job applicants or employees. Any
gain in revenue by the BCII would likely be offset by an increase in
expenditures related to performing these criminal records checks. Occupational licensing applicants and TOS
job applicants or employees will be responsible for paying the appropriate fees
for the criminal background check.
Consequently, the specified licensing agencies and TOS would not bear
any cost for the criminal background checks.
LSC fiscal staff: Jason Phillips, Budget Analyst