A BILL TO BE ENTITLED
AN ACT to provide for criminal record checks of applicants for permits and licenses to conduct archaeological operations and investigations. 
The General Assembly of North Carolina enacts:
SECTION 1.  Part 2 of Article 4 of Chapter 114 of the General Statutes is amended by adding a new section to read:
"§ 114‑19.16.  Criminal record checks of applicants for permit or licensure to conduct exploration, recovery, or salvage operations and archaeological investigations.
(a)	The Department of Justice may provide to the Department of Cultural Resources from the State and National Repositories of Criminal Histories the criminal history of any applicant for a permit or license under Article 3 of Chapter 121 of the General Statutes or Article 2 of Chapter 70 of the General Statutes, upon the request of the Department of Cultural Resources. Along with the request, the Department of Cultural Resources shall provide to the Department of Justice the fingerprints of the applicant, a form signed by the applicant consenting to the criminal history record check and use of fingerprints and other identifying information required by the State and National Repositories, and any additional information required by the Department of Justice. The applicant's fingerprints shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The Department of Cultural Resources shall keep all information obtained pursuant to this section confidential, and the information shall be maintained in compliance with rules governing the dissemination of criminal history record checks adopted by the North Carolina Division of Criminal Information. The information obtained pursuant to this section is privileged and shall be for the exclusive use of the Department of Cultural Resources. The Department of Justice may charge a reasonable fee to offset the cost incurred by it to conduct a criminal record check under this section. The fee shall not exceed the actual cost of locating, editing, researching, and retrieving the information.
(b)	As used in this section, the term "criminal history" means a State or federal history of conviction of a crime, whether a misdemeanor or felony, that bears upon an applicant's fitness for surveillance, protection, preservation, survey, and archaeological recovery of property subject to the exclusive dominion and control of the State pursuant to G.S. 121‑22 and an applicant's fitness for archaeological investigations pursuant to G.S. 70‑13."
SECTION 2.  G.S. 121‑25 reads as rewritten:
"§ 121‑25.  License to conduct exploration, recovery or salvage operations.
(a)	Any qualified person, firm or corporation desiring to conduct any type of exploration, recovery or salvage operations, in the course of which any part of a derelict vessel or its contents or other archaeological site may be removed, displaced or destroyed, shall first make application to the Department of Cultural Resources  and obtain a permit or license to conduct such operations.
(b)	If the Department requires a criminal history record check of the applicant for a permit or license, the applicant shall furnish the Department a complete set of fingerprints and a recent photograph in a form prescribed by the Department. In the case of an applicant who is not an individual, fingerprints shall be provided for the principals, officers, directors, and controlling persons of the entities. Each set of fingerprints shall be certified by an authorized law enforcement officer.
Applicants for whom criminal history record checks are conducted shall consent to a criminal history record check pursuant to G.S. 114‑19.16. If the verified criminal history record check reveals one or more convictions, then the conviction or convictions shall constitute just cause for not approving the permit or license. The conviction shall not automatically prohibit approval of the application, but the following factors shall be considered by the Department of Cultural Resources in determining whether the permit or license shall be denied:
(1)	The level and seriousness of the crime.
(2)	The date of the crime.
(3)	The age of the person at the time of conviction.
(4)	The circumstances surrounding the commission of the crime, if known.
(5)	The nexus between the criminal conduct of the person and the person's responsibilities pursuant to the application.
(6)	The incarceration, probation, parole, rehabilitation, and employment records of the person since the date the crime was committed.
(7)	The subsequent commission by the person of a crime.
(c)	The Department of Cultural Resources may deny the application for permit or license of any applicant for refusal to consent to a criminal history record check or to the use of fingerprints or other identifying information required by either the State or National Repositories of Criminal Histories. The refusal shall constitute just cause for the denial of the permit or license.  
(d)	If the Department of Cultural Resources shall find that the granting of such permit or license is in the best interest of the State, it may grant such applicant a permit or license for such a period of time and under such conditions as the Department may deem to be in the best interest of the State. Such permit or license may include but need not be limited to the following:
(1)	Payment of monetary fee to be set by the Department;
(2)	That a portion or all of the historic material or artifacts be delivered to custody and possession of the Department;
(3)	That a portion of all of such relics or artifacts may be sold or retained by the licensee;
(4)	That a portion or all of such relics or artifacts may be sold or traded by the Department.
Permits or licenses may be renewed upon or prior to expiration upon such terms as the applicant and the Department may mutually agree. Holders of permits or licenses shall be responsible for obtaining permission of any federal agencies having jurisdiction, including the United States Coast Guard, the United States Department of the Navy and the United States Army Corps of Engineers prior to conducting any salvaging operations."
SECTION 3.  G.S. 70‑13 is amended by adding the following new subsections to read:
"(a1)	If the Department requires a criminal history record check of the applicant for a permit or license, the applicant shall furnish the Department a complete set of fingerprints and a recent photograph in a form prescribed by the Department. In the case of an applicant who is not an individual, fingerprints shall be provided for the principals, officers, directors, and controlling persons of the entities. Each set of fingerprints shall be certified by an authorized law enforcement officer.
Applicants for whom criminal history record checks are conducted shall consent to a criminal history record check pursuant to G.S. 114‑19.16. If the verified criminal history record check reveals one or more convictions, then the conviction or convictions shall constitute just cause for not approving the permit or license. The conviction shall not automatically prohibit approval of the application, but the following factors shall be considered by the Department of Cultural Resources in determining whether the permit or license shall be denied:
(1)	The level and seriousness of the crime.
(2)	The date of the crime.
(3)	The age of the person at the time of conviction.
(4)	The circumstances surrounding the commission of the crime, if known.
(5)	The nexus between the criminal conduct of the person and the person's responsibilities pursuant to the application.
(6)	The incarceration, probation, parole, rehabilitation, and employment records of the person since the date the crime was committed.
(7)	The subsequent commission by the person of a crime.
(a2)	The Department of Cultural Resources may deny the application for permit or license of any applicant for refusal to consent to a criminal history record check or to the use of fingerprints or other identifying information required by either the State or National Repositories of Criminal Histories. The refusal shall constitute just cause for the denial of the permit or license."   
SECTION 4.  This act becomes effective October 1, 2005, and applies to applications for permits or licenses submitted to the Department of Cultural Resources on or after that date.