LAW AND PUBLIC SAFETY

DIVISION OF STATE POLICE

Criminal History Record Background Checks Fees

Proposed Amendment: N.J.A.C. 13:59-1.3

Authorized By: Colonel Joseph Fuentes, Superintendent, Division of State Police, and Approved by Peter C. Harvey, Attorney General

Authority: N.J.S.A. 53:1-12 through 53:1-20.7

Calendar Reference: See Summary Below for explanation of exception to calendar requirement.

Proposal Number: PRN 2003-369

Submit comments by November 14, 2003 to:

Colonel Joseph R. Fuentes, Superintendent

c/o State Bureau of Identification

New Jersey State Police, PO Box 7068

West Trenton, New Jersey 08628-0068

The agency proposal follows:

Summary

The Division of State Police proposes to amend N.J.A.C. 13:59-1.3, which contains the fee provisions for processing New Jersey criminal history fingerprint record checks and name search identification checks and checking them against the information in the central repository of the New Jersey State Police, State Bureau of Identification (SBI). These changes are in response to recent legislation (P.L. 2003, c.117) which increases the permissible range of fees and sets other fees. The proposed amendments are required to keep the Division's regulations consistent with the revisions contained in this legislation.

The proposed amendment to N.J.A.C. 13:59-1.3(a) provides that a fee of $30.00 shall be collected by the SBI for the purpose of processing New Jersey criminal history fingerprint record checks and checking them against the information in the central repository of the New Jersey State Police SBI. Currently, the rule provides that the fee for the criminal history fingerprint record check shall be $25.00. The new fee set in the rule is in line with the new parameters for fees as contained in the recent budget legislation.

The proposed amendment to N.J.A.C. 13:59-1.3(b) provides that a fee of $18.00 shall be collected by the SBI for the purpose of processing criminal history name search identification checks. Currently, the rule provides that the fee for criminal history name search identification checks shall be $15.00. The new fee set in the rule is in line with the new parameter for fees as contained in the recent budget legislation.

The Division is providing a 60-day comment period on this proposal. Therefore, the proposal is exempt from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The proposed amendments increasing fees with regard to effectuating criminal history background record information checks impact New Jersey's taxpayers because increased fees will reduce the need for higher taxes to adequately support the administration of State government, including the legislatively mandated activities of the Division. The Division is responsible for enforcing the legislative intent to provide for the reliable dissemination of criminal history record information to all categories of individuals and entities permitted access by law.

Fees for criminal history record checks have not been increased since approximately 1994. The proposed amendments to increase fees will impact licensees and employees required to undergo criminal history background checks as a condition of licensure or employment because the amendments will increase the costs associated with that requirement.

Economic Impact

The amendments to increase fees for criminal history record checks will have an economic impact on New Jersey's taxpayers because these increased fees will reduce the need for higher taxes to adequately support the administration of State government.

Fees for criminal history record checks have not been increased since approximately 1994. The proposed amendments to increase fees will impact licensees and employees required to undergo criminal history background checks as a condition of licensure or employment because the amendments will increase the costs associated with that requirement.

A Federal standards analysis is not required because State law governs fees for the dissemination of criminal history record information compiled and maintained by the Division of State Police. The proposed amendments are not the subject of any Federal standards.

The proposed amendments will not have any impact on the creation or loss of jobs in New Jersey.

Agriculture Industry Impact

The proposed amendments will not have any impact on the agriculture industry in New Jersey.

Regulatory Flexibility Analysis

The proposed amendments do not impose any additional reporting or record keeping on small businesses, as defined by the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq. The proposed amendments impose compliance requirements in the form of fees for processing requests for criminal history record information. Any cost incurred by small businesses as defined by the Act will be voluntary in nature and amount. Small businesses will be subject to the same fees for obtaining criminal history record information as any other entities or persons eligible to receive such information. Compliance requirements concerning dissemination of criminal history record information protect the rights of the subject of the record and apply uniformity to all requesters. No professional services will be required for compliance.

The proposed amendments will have no impact on the achievement of smart growth or the implementation of the State Development and Redevelopment Plan.

Full text of the proposal follows: additions indicated in boldface thus; deletions indicated in brackets [thus].

13:59-1.3 Fees

(a)  A fee of $[25.00] 30.00 shall be collected by the SBI for the purpose of processing New Jersey criminal history fingerprint record checks and checking them against the information in the central repository of the New Jersey State Police SBI. This fee shall be $18.00 for processing New Jersey criminal history fingerprint record checks on:

(1)-(3) (No change.)

(b)  A fee of $[15.00] 18.00 shall be collected by the SBI for the purpose of processing criminal history name search identification checks. This fee shall be $10.00 for processing a name search on:

(1)-(3) (No change.)

(c)-(i) (No change.)