ASSEMBLY HOUSING COMMITTEE

STATEMENT TO

[First Reprint]

SENATE, No. 51

with committee amendments

STATE OF NEW JERSEY

DATED: APRIL 22, 1996

      The Assembly Housing Committee reports favorably Senate Bill No. 51 [1R], with committee amendments.

      This bill, as amended, permits local housing authorities to require criminal history background checks for prospective employees who would work for at least seven hours per week.

      The bill provides that an applicant for a position with a housing authority who furnishes his or her written approval for a criminal record background check shall have his or her fingerprints taken by a State or municipal law enforcement agency. The housing authority is authorized to exchange fingerprint data with the FBI and the Bureau of Identification under the State Police. The bill also provides that an applicant to an authority which is subject to the provisions of Title 11A of the New Jersey Statutes and who desires a review of the accuracy of the criminal history information may file an appeal with the Department of Personnel.

      The committee amended the bill to provide that the authority may obtain the record check directly with the FBI and the State Police. In addition, the amendments provide that an applicant must provide his or her written consent to the background check, and that the applicant will bear the cost of such a check. The amendments reduce the appeal time for an applicant from 30 days to 20 days, and provide that the Department of Personnel will review the accuracy of the records, rather than provide a formal hearing. They also provide that the Merit System Board shall promulgate regulations on the appeal rights, rather than the Commissioner of Personnel.

      The committee amendments also removed an appropriation of $95,000 from the bill, since the costs of the record checks will be paid by the applicants.