2020 -- H 7352 | |
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LC003670 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS -- LICENSING | |
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Introduced By: Representatives Slater, Diaz, Edwards, Craven, and Blazejewski | |
Date Introduced: January 30, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 28-5.1-14 of the General Laws in Chapter 28-5.1 entitled "Equal |
2 | Opportunity and Affirmative Action" is hereby amended to read as follows: |
3 | 28-5.1-14. State licensing and regulatory agencies. |
4 | (a) As used in this section: |
5 | (1) "Licensing authority" means any agency, examining board, or other office with the |
6 | authority to impose and evaluate licensing requirements on any profession. |
7 | (2) "License" shall include the whole or part of any agency permit, certificate, approval, |
8 | or similar form of permission required by law, but it does not include a motor vehicle operator's |
9 | license as defined in chapter 10 of title 31. |
10 | (b) State agencies shall not discriminate by considering race, color, religion, sex, sexual |
11 | orientation, gender, identity or expression, age, national origin, or disability in granting, denying, |
12 | or revoking a license or charter, nor shall any person, corporation, or business firm which is |
13 | licensed or chartered by the state unlawfully discriminate against or segregate any person on these |
14 | grounds. All businesses licensed or chartered by the state shall operate on a nondiscriminatory |
15 | basis, according to equal employment treatment and access to their services to all persons, except |
16 | unless otherwise exempted by the laws of the state. Any licensee, charter holder, or retail sales |
17 | permit holder who fails to comply with this policy is subject to any disciplinary action that is |
18 | consistent with the legal authority and rules and regulations of the appropriate licensing or |
19 | regulatory agency. State agencies which have the authority to grant, deny, or revoke licenses or |
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1 | charters will cooperate with the state equal opportunity office to prevent any person, corporation, |
2 | or business firm from discriminating because of race, color, religion, sex, sexual orientation, |
3 | gender, identity or expression, age, national origin, or disability or from participating in any |
4 | practice which may have a disparate effect on any protected class within the population. The state |
5 | equal opportunity office shall monitor the equal employment opportunity activities and |
6 | affirmative action plans of all such organizations. |
7 | (c) The state agencies, licensing boards, and commissions covered by this section shall |
8 | include, but not be limited to, those departments enumerated in ยง 42-6-1 and the state agencies, |
9 | licensing boards and commissions under the jurisdiction of those departments. |
10 | (d) No person shall be disqualified to practice, pursue or engage in any occupation, trade, |
11 | vocation, profession or business, for which an occupational license, permit, certificate or |
12 | registration is required to be issued by the state or any of its agencies or any state licensing board |
13 | or commission, solely or in part, because of a prior conviction of a crime or crimes unless the |
14 | underlying crime or crimes substantially relate to the occupation to which the license applies, |
15 | notwithstanding any prior general laws to the contrary. |
16 | (e) No occupational license, permit, certificate, or registration issued by the state or any |
17 | of its agencies or any state licensing board or commission shall be suspended or revoked, solely |
18 | or in part, because of a prior conviction of a crime or crimes unless the underlying crime or |
19 | crimes substantially relate to the occupation which requires the license, notwithstanding any prior |
20 | general laws to the contrary. |
21 | (f) In determining whether a conviction substantially relates to the occupation for which |
22 | the license is sought, the licensing authority shall consider the following factors: |
23 | (1) The state's legitimate interest in equal access to employment for individuals who have |
24 | had past contact with the criminal justice system; |
25 | (2) The relationship of the crime or crimes to the purposes of regulating the occupation |
26 | for which the license is sought; and |
27 | (3) The relationship of the crime or crimes to the ability, capacity, and fitness required to |
28 | perform the duties and discharge the responsibilities of the position of employment or occupation. |
29 | (g) A person who has been convicted of a crime or crimes which substantially relate to |
30 | the occupation for which a license is sought shall not be disqualified from the occupation if the |
31 | person can show competent evidence of sufficient rehabilitation and present fitness to perform the |
32 | duties of the occupation for which the license is sought. The licensing authority shall consider the |
33 | time elapsed since the conviction, when determining if there has been sufficient rehabilitation, as |
34 | well as any evidence presented by the applicant regarding: |
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1 | (1) Completion of a period of at least two (2) years after release from imprisonment, or at |
2 | least two (2) years after the sentencing date for a probation sentence not accompanied by |
3 | incarceration, without subsequent conviction or pending criminal charge(s); |
4 | (2) The nature and relevance of the crime or crimes for which the applicant has been |
5 | convicted; |
6 | (3) All circumstances relative to the crime or crimes, including mitigating circumstances |
7 | or social conditions surrounding the commission of the crime or crimes; |
8 | (4) The age of the person at the time the crime or crimes were committed; |
9 | (5) Claims that the criminal record information is in error or inadmissible under |
10 | subsection (h) of this section; and |
11 | (6) All other competent evidence of rehabilitation and present fitness presented, |
12 | including, but not limited to, letters of reference by persons who have been in contact with the |
13 | applicant since the applicant's release from any state or federal correctional institution. |
14 | (h) The following criminal records may not be used in connection with any application |
15 | for a license, permit, certificate, or registration: |
16 | (1) Juvenile adjudications; |
17 | (2) Records of arrest not followed by a valid conviction; |
18 | (3) Convictions which have been, pursuant to law, annulled or expunged; |
19 | (4) Misdemeanor convictions for which no jail sentence can be imposed; |
20 | (5) A conviction that is not related to the occupation for which a license is being sought, |
21 | as determined by subsection (f) of this section. |
22 | (i) If a licensing authority intends to deny, suspend, or revoke an occupational license, |
23 | permit, or certificate solely or in part because of the individual's prior conviction of a crime, the |
24 | licensing authority shall notify the applicant, in writing, of the following prior to their potential |
25 | final adverse decision: |
26 | (1) The specific conviction(s) that form the basis for the potential denial, suspension, or |
27 | revocation and the rationale for deeming the conviction substantially related to the occupation; |
28 | (2) A copy of the conviction history report, if any, upon which the licensing authority has |
29 | relied; |
30 | (3) A statement that the applicant may provide evidence of mitigation or rehabilitation, as |
31 | described in subsection (f) of this section; and |
32 | (4) Instructions on how to respond to a potential denial, suspension, or revocation. |
33 | (j) After receiving the notice of potential denial, suspension, or revocation, the individual |
34 | shall have thirty (30) business days to respond. |
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1 | (k) If a licensing authority denies, suspends, or revokes an occupational license, permit, |
2 | or certificate solely or in part because of the applicant's substantially-related conviction, the |
3 | licensing authority shall issue a final written adverse decision that addresses each of the factors |
4 | enumerated in subsection (f) of this section and which also includes, but is not limited to, the |
5 | following: |
6 | (1) The final decision, including the substantially related conviction(s) that form the basis |
7 | for denial, suspension, or revocation and the rationale for occupation relatedness; |
8 | (2) The process for appealing the decision in accordance with chapter 35 of title 42 |
9 | ("administrative procedures act"); and |
10 | (3) The earliest date the person may reapply for a reinstatement of their occupational |
11 | license, permit, or certificate, which shall not be longer than two (2) years from the date of the |
12 | final decision. |
13 | (l) Each state agency or licensing body shall issue a report, to be made publicly available |
14 | on the agency or licensing body website one year after the passage of this section, and by January |
15 | 31 of each year thereafter, listing the following; |
16 | (1) The number of initial applicants for every occupational license, permit, or certificate |
17 | under their jurisdiction within the preceding calendar year, including the number of applicants |
18 | granted licenses, the number of applicants denied licenses for any reason, and, to the extent |
19 | available, the demographic breakdown of the applicants, including race, ethnicity, and gender, |
20 | and city or town of residence; and |
21 | (2) The number of applicants denied solely, or in part, because of a criminal conviction. |
22 | (m) Unless specifically exempted by reference to this section or otherwise contrary to |
23 | federal law, any existing or future state law or regulation for which a state license is required shall |
24 | be subject to the conditions and procedures established by this section |
25 | SECTION 2. This act shall take effect on January 1, 2021. |
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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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1 | This act would create new standards for determining whether a state work license |
2 | applicant's past criminal contacts/convictions should disqualify them from receiving a |
3 | government-issued license. |
4 | This act would take effect on January 1, 2021. |
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