2020 -- H 7947 SUBSTITUTE A | |
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LC005186/SUB A | |
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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 – EQUAL OPPORTUNITY AND | |
AFFIRMATIVE ACTION - LICENSING | |
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Introduced By: Representatives Slater, Diaz, Edwards, Craven, and Blazejewski | |
Date Introduced: February 27, 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” means and includes the whole or part of any agency permit, certificate, |
8 | approval, or similar form of permission required by law, but it does not include a motor vehicle |
9 | operator’s license as required 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 licensed |
13 | or chartered by the state unlawfully discriminate against or segregate any person on these grounds. |
14 | All businesses licensed or chartered by the state shall operate on a nondiscriminatory basis, |
15 | according to equal employment treatment and access to their services to all persons, except unless |
16 | otherwise exempted by the laws of the state. Any licensee, charter holder, or retail sales permit |
17 | holder who fails to comply with this policy is subject to any disciplinary action that is consistent |
18 | with the legal authority and rules and regulations of the appropriate licensing or regulatory agency. |
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1 | State agencies which have the authority to grant, deny, or revoke licenses or charters will cooperate |
2 | with the state equal opportunity office to prevent any person, corporation, or business firm from |
3 | discriminating because of race, color, religion, sex, sexual orientation, gender, identity or |
4 | expression, age, national origin, or disability or from participating in any practice which may have |
5 | a disparate effect on any protected class within the population. The state equal opportunity office |
6 | shall monitor the equal employment opportunity activities and affirmative action plans of all such |
7 | organizations. |
8 | (c) The state agencies, licensing boards, and commissions covered by this section shall |
9 | include, but not be limited to, those departments enumerated in § 42-6-1 and the state agencies, |
10 | licensing boards and commissions under the jurisdiction of those departments. |
11 | (d) No person shall be disqualified to practice, pursue or engage in any occupation, trade, |
12 | vocation, profession or business for which an occupational license, permit, certificate or registration |
13 | is required to be issued by the state or any of its agencies or any state licensing board or commission, |
14 | solely or in part, because of a prior conviction of a crime or crimes unless the underlying crime or |
15 | crimes substantially relate to the occupation to which the license applies. Any other state law to |
16 | the contrary will be superseded by this provision. |
17 | (e) No occupational license, permit, certificate, or registration issued by the state or any of |
18 | its agencies or any state licensing board or commission shall be suspended or revoked, solely or in |
19 | part, because of a prior conviction of a crime or crimes unless the underlying crime or crimes |
20 | substantially relate to the occupation to which the license applies. Any other state law to the |
21 | contrary will be superseded by this provision. |
22 | (f) In determining if a conviction substantially relates to the occupation for which the |
23 | license is sought, the licensing authority shall consider: |
24 | (1) The state's legitimate interest in equal access to employment for individuals who have |
25 | had past contact with the criminal justice system; |
26 | (2) The state's legitimate interest in protecting the property and the safety and welfare of |
27 | specific individuals or the general public; and |
28 | (3) The relationship of the crime or crimes to the ability, capacity, and fitness required to |
29 | perform the duties and discharge the responsibilities of the position of employment or occupation. |
30 | (g) A person who has been convicted of a crime or crimes which substantially relate to the |
31 | occupation for which a license is sought shall not be disqualified from the occupation if the person |
32 | can show competent evidence of sufficient rehabilitation and present fitness to perform the duties |
33 | of the occupation for which the license is sought. The licensing authority shall consider the time |
34 | elapsed since the conviction when determining sufficient rehabilitation, as well as any evidence |
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1 | presented by the applicant regarding: |
2 | (1) Completion of a period of at least two (2) years after release from imprisonment, or at |
3 | least two (2) years after the sentencing date for a probation sentence not accompanied by |
4 | incarceration, without subsequent conviction or pending criminal charge; |
5 | (2) The nature, seriousness, and relevance of the crime or crimes for which convicted; |
6 | (3) All circumstances relative to the crime or crimes, including mitigating circumstances |
7 | 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 subsection |
10 | (h) of this section; and |
11 | (6) All other competent evidence of rehabilitation and present fitness presented, including, |
12 | but not limited to, letters of reference by persons who have been in contact with the applicant since |
13 | 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 for |
15 | 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 individual in writing of the following prior to the final decision: |
25 | (1) The specific conviction(s) that form the basis for the potential denial, suspension, or |
26 | revocation and the rationale for deeming the conviction substantially related to the occupation; |
27 | (2) A copy of the conviction history report, if any, on which the licensing authority relies; |
28 | (3) A statement that the applicant may provide evidence of mitigation or rehabilitation, as |
29 | described in subsection (g) of this section; and |
30 | (4) Instructions on how to respond to the potential denial, suspension, or revocation. |
31 | (j) After receiving the notice of potential denial, suspension, or revocation, the individual |
32 | shall have thirty (30) business days to respond. |
33 | (k) If a licensing authority denies, suspends, or revokes an occupational license, permit, or |
34 | certificate solely or in part because of the applicant's substantially related conviction, the licensing |
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1 | authority shall issue a final written decision that addresses each of the factors enumerated in |
2 | subsection (f) of this section and which also includes, but is not limited to, the following: |
3 | (1) The final decision, including the substantially related conviction(s) that form the basis |
4 | for denial, suspension, or revocation and the rationale for occupation relatedness; |
5 | (2) The process for appealing the decision in accordance with chapter 35 of title 42 |
6 | enumerated in subsection (g) of this section; and |
7 | (3) The earliest date the person may reapply for an occupational license, permit, or |
8 | certificate, which shall not be longer than two (2) years from the date of the final decision. |
9 | (l) Each state agency or licensing body shall issue a report to be made publicly available |
10 | on the agency or licensing body website one year after the passage of this section and by January |
11 | 31 of each year thereafter, indicating the following: |
12 | (1) The number of initial applicants for every occupational license, permit, or certificate |
13 | under their jurisdiction within the preceding calendar year, including the number of applicants |
14 | granted licenses, the number of applicants denied licenses for any reason, and, to the extent |
15 | available, the demographic breakdown of the applicants, including race, ethnicity, and gender, and |
16 | city or town of residence; and |
17 | (2) The number of applicants denied solely, or in part, because of a criminal conviction. |
18 | (m) Unless specifically exempted by reference to this section or otherwise contrary to |
19 | federal law, any existing or future state law or regulation relating to the granting, denying, |
20 | suspending or revoking of a license by a state agency shall be subject to the conditions and |
21 | procedures established by this section. |
22 | (n) If any provision of this section or its application to any individual or circumstances is |
23 | held invalid, the invalidity does not affect other provisions or applications of this section which can |
24 | be given effect without the invalid provision or application, and to this end the provisions of this |
25 | section are severable. |
26 | SECTION 2. This act shall take effect on January 1, 2021. |
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LC005186/SUB A | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO LABOR AND LABOR RELATIONS – EQUAL OPPORTUNITY AND | |
AFFIRMATIVE ACTION - LICENSING | |
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1 | This act would create a new process with standards to be utilized when deciding whether |
2 | an applicant's past conviction of a crime should disqualify the applicant from receiving an |
3 | occupational license, permit, certificate, or registration issued by the state. |
4 | This act would take effect on January 1, 2021. |
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LC005186/SUB A | |
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