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:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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equal opportunity office shall monitor the equal employment opportunity activities and

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affirmative action plans of all such organizations.

 

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

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

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licensing boards and commissions under the jurisdiction of those departments.

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

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

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

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

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

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occupation to which the license applies.

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

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

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

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

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the license applies.

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

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is sought, the licensing authority shall consider:

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

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had past contact with the criminal justice system;

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

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for which the license is sought; and

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

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

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

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

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

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

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

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evidence presented by the applicant regarding:

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

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

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without subsequent conviction or pending criminal charge;

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

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

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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;

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

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subsection (g) of this section; and

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

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

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

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

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for a license, permit, certificate, or registration:

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     (1) Juvenile adjudications;

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

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

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

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

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as determined by subsection (e) of this section.

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

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

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

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

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

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

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

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described in subsection (f) of this section; and

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

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

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shall have thirty (30) business days to respond.

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

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

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

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

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

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

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

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enumerated in subsection (f) of this section; and

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     (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.

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

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

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31 of each year thereafter, indicating the following;

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

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

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

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

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of residence; and

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

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

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

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

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

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conditions and procedures established by this section.

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     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

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

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government issued license.

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     This act would take effect upon passage.

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