2019 -- H 5863

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LC002078

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- LICENSING

     Introduced By: Representatives Slater, Williams, Edwards, Diaz, and Blazejewski

     Date Introduced: March 15, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 28-5.1-14 of the General Laws in Chapter 28-5.1 entitled "Equal

Opportunity and Affirmative Action" is hereby amended to read as follows:

     28-5.1-14. State licensing and regulatory agencies.

     (a) State agencies shall not discriminate by considering race, color, religion, sex, sexual

orientation, gender, identity or expression, age, national origin, or disability in granting, denying,

or revoking a license or charter, nor shall any person, corporation, or business firm which is

licensed or chartered by the state unlawfully discriminate against or segregate any person on these

grounds. All businesses licensed or chartered by the state shall operate on a nondiscriminatory

basis, according to equal employment treatment and access to their services to all persons, except

unless otherwise exempted by the laws of the state. Any licensee, charter holder, or retail sales

permit holder who fails to comply with this policy is subject to any disciplinary action that is

consistent with the legal authority and rules and regulations of the appropriate licensing or

regulatory agency. State agencies which have the authority to grant, deny, or revoke licenses or

charters will cooperate with the state equal opportunity office to prevent any person, corporation,

or business firm from discriminating because of race, color, religion, sex, sexual orientation,

gender, identity or expression, age, national origin, or disability or from participating in any

practice which may have a disparate effect on any protected class within the population. The state

equal opportunity office shall monitor the equal employment opportunity activities and

affirmative action plans of all such organizations.

     (b) The state agencies, licensing boards, and commissions covered by this section shall

include, but not be limited to, those departments enumerated in § 42-6-1 and the state agencies,

licensing boards and commissions under the jurisdiction of those departments.

     (c) Notwithstanding any other provision of law to the contrary, no person shall be

disqualified to practice, pursue or engage in any occupation, trade, vocation, profession or

business for which a license, permit, certificate or registration is required to be issued by the state

or any of its agencies or any state licensing board or commission, solely or in part, because of a

prior conviction of a crime or crimes unless the underlying crime or crimes directly relate to the

occupation to which the license applies.

     (d) Notwithstanding any other provision of law to the contrary, no license, permit,

certificate, or registration issued by the state or any of its agencies or any state licensing board or

commission shall be suspended or revoked, solely or in part, because of a prior conviction of a

crime or crimes unless the underlying crime or crimes directly relate to the occupation to which

the license applies.

     (e) In determining if a conviction directly relates to the occupation for which the license

is sought, the licensing authority shall consider:

     (1) The state's legitimate interest in equal access to employment for individuals who have

had past contact with the criminal justice system;

     (2) The relationship of the crime or crimes to the purposes of regulating the occupation

for which the license is sought; and

     (3) The relationship of the crime or crimes to the ability, capacity, and fitness required to

perform the duties and discharge the responsibilities of the position of employment or occupation.

     (f) A person who has been convicted of a crime or crimes which directly relate to the

occupation for which a license is sought shall not be disqualified from the occupation if the

person can show competent evidence of sufficient rehabilitation and present fitness to perform the

duties of the occupation for which the license is sought. The licensing authority shall consider the

time elapsed since the conviction when determining sufficient rehabilitation, as well as any

evidence presented by the applicant regarding:

     (1) Completion of a period of two (2) years after release from imprisonment, or two (2)

years after the sentencing date for a probation sentence not accompanied by incarceration,

without subsequent conviction or pending criminal charge;

     (2) The nature and relevance of the crime or crimes for which convicted;

     (3) All circumstances relative to the crime or crimes, including mitigating circumstances

or social conditions surrounding the commission of the crime or crimes;

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     (4) The age of the person at the time the crime or crimes were committed;

     (5) Claims that the criminal record information is in error or inadmissible under

subsection (g) of this section; and

     (6) All other competent evidence of rehabilitation and present fitness presented,

including, but not limited to, letters of reference by persons who have been in contact with the

applicant since the applicant's release from any state or federal correctional institution.

     (g) The following criminal records may not be used in connection with any application

for a license, permit, certificate, or registration:

     (1) Juvenile adjudications;

     (2) Records of arrest not followed by a valid conviction;

     (3) Convictions which have been, pursuant to law, annulled or expunged;

     (4) Misdemeanor convictions for which no jail sentence can be imposed;

     (5) A conviction that is not related to the occupation for which a license is being sought,

as determined by subsection (e) of this section.

     (h) If a licensing authority intends to deny, suspend, or revoke a license, permit, or

certificate solely or in part because of the individual's prior conviction of a crime, the licensing

authority shall notify the individual in writing of the following prior to the final decision:

     (1) The specific conviction(s) that form the basis for the potential denial, suspension, or

revocation and the rationale for deeming the conviction directly related to the occupation;

     (2) A copy of the conviction history report, if any, on which the licensing authority relies;

     (3) A statement that the applicant may provide evidence of mitigation or rehabilitation, as

described in subsection (f) of this section; and

     (4) Instructions on how to respond to the potential denial, suspension, or revocation.

     (i) After receiving the notice of potential denial, suspension, or revocation, the individual

shall have thirty (30) business days to respond.

     (j) If a licensing authority denies, suspends, or revokes a license, permit, or certificate

solely or in part because of the applicant's directly-related conviction, the licensing authority shall

issue a final written decision that addresses each of the factors enumerated in subsection (e) of

this section and which also includes, but is not limited to, the following:

     (1) The final decision, including the directly related conviction(s) that form the basis for

denial, suspension, or revocation and the rationale for occupation relatedness;

     (2) The process for appealing the decision in accordance with chapter 35 of title 42

enumerated in subsection (f) of this section; and

     (3) The earliest date the person may reapply for a license, permit, or certificate, which

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shall not be longer than two (2) years from the date of the final decision.

     (k) Each state agency or licensing body shall issue a report to be made publicly available

on the agency or licensing body website one year after the passage of this section and by January

31 of each year thereafter, indicating the following;

     (1) The number of initial applicants for every license, permit, or certificate under their

jurisdiction within the preceding calendar year, including the number of applicants granted

licenses, the number of applicants denied licenses for any reason, and, to the extent available, the

demographic breakdown of the applicants, including race, ethnicity, and gender, and city or town

of residence; and

     (2) The number of applicants denied solely, or in part, because of a criminal conviction.

     (l) Unless specifically exempted by reference to this section or otherwise contrary to

federal law, any existing or future state law or regulation that disqualifies an individual from an

occupation, trade, vocation, profession or business for which a state license, permit, certificate or

registration is required, because of a prior conviction of a crime or crimes shall be subject to the

conditions and procedures established by this section.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO LABOR AND LABOR RELATIONS -- LICENSING

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     This act would create a new process with standards to be utilized when deciding whether

an applicant's past criminal contacts' convictions should disqualify them from receiving a

government issued license.

     This act would take effect upon passage.

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