2020 -- S 2263

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LC003875

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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

     Introduced By: Senators Metts, Picard, Quezada, Nesselbush, and Goldin

     Date Introduced: February 04, 2020

     Referred To: Senate 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) As used in this section:

     (1) "Licensing authority" means any agency, examining board, or other office with the

authority to impose and evaluate licensing requirements on any profession.

     (2) "License" shall include the whole or part of any agency permit, certificate, approval,

or similar form of permission required by law, but it does not include a motor vehicle operator's

license as defined in chapter 10 of title 31.

     (b) 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.

     (c) 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.

     (d) No person shall be disqualified to practice, pursue or engage in any occupation, trade,

vocation, profession or business, for which an occupational 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 substantially relate to the occupation to which the license applies,

notwithstanding any prior general laws to the contrary.

     (e) No occupational 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 substantially relate to the occupation which requires the license, notwithstanding any prior

general laws to the contrary.

     (f) In determining whether a conviction substantially relates to the occupation for which

the license is sought, the licensing authority shall consider the following factors:

     (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.

     (g) A person who has been convicted of a crime or crimes which substantially 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 if there has been sufficient rehabilitation, as

well as any evidence presented by the applicant regarding:

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

least two (2) years after the sentencing date for a probation sentence not accompanied by

incarceration, without subsequent conviction or pending criminal charge(s);

     (2) The nature and relevance of the crime or crimes for which the applicant has been

convicted;

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

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

     (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 (h) 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.

     (h) 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 (f) of this section.

     (i) If a licensing authority intends to deny, suspend, or revoke an occupational license,

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

licensing authority shall notify the applicant, in writing, of the following prior to their potential

final adverse decision:

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

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

     (2) A copy of the conviction history report, if any, upon which the licensing authority has

relied;

     (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 a potential denial, suspension, or revocation.

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

shall have thirty (30) business days to respond.

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     (k) If a licensing authority denies, suspends, or revokes an occupational license, permit,

or certificate solely or in part because of the applicant's substantially-related conviction, the

licensing authority shall issue a final written adverse decision that addresses each of the factors

enumerated in subsection (f) of this section and which also includes, but is not limited to, the

following:

     (1) The final decision, including the substantially 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

("administrative procedures act"); and

     (3) The earliest date the person may reapply for a reinstatement of their occupational

license, permit, or certificate, which shall not be longer than two (2) years from the date of the

final decision.

     (l) 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, listing the following;

     (1) The number of initial applicants for every occupational 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.

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

federal law, any existing or future state law or regulation for which a state license is required shall

be subject to the conditions and procedures established by this section

     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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     This act would create new standards for determining whether a state work license

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

government-issued license.

     This act would take effect on January 1, 2021.

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