2022 -- H 7862

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LC004145

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO EDUCATION -- BACKGROUND CHECKS OF VOLUNTEERS AND

INTERNS

     Introduced By: Representatives Giraldo, and Morales

     Date Introduced: March 04, 2022

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended by

adding thereto the following chapter:

CHAPTER 112

BACKGROUND CHECKS OF VOLUNTEERS AND INTERNS REQUIRED

     16-112-1. Criminal records check -- Volunteers and interns -- Waiver.

     Any expense associated for providing the criminal records check for a volunteer or intern

shall be waived.

     SECTION 2. Section 28-6.14-1 of the General Laws in Chapter 28-6.14 entitled

"Employment Applications Prohibited" is hereby amended to read as follows:

     28-6.14-1. Criminal history on application for employment.

     (a) The director of labor and training shall have the same powers and duties as set forth in

chapter 12 and chapter 14 of title 28 to investigate, inspect, subpoena, and enforce through

administrative hearings, complaints that allege that an employer has included on any application

for employment, except applications for law enforcement agency positions, or positions related to

law enforcement agencies, a question inquiring whether the applicant has ever been arrested,

charged with, or convicted of any crime; provided that:

     (1) If a federal or state law or regulation creates a mandatory or presumptive

disqualification from employment based on a person's conviction of one or more specified criminal

offenses, an employer may include a question whether the applicant has ever been convicted of any

of those offenses; or

     (2) If a standard fidelity bond or an equivalent bond is required for the position for which

the applicant is seeking employment, and the applicant's conviction of one or more specified

criminal offenses would disqualify the applicant from obtaining such a bond, an employer may

include a question whether the applicant has ever been convicted of any of those specified criminal

offenses.

     (b) The department of labor and training and the commission for human rights shall

cooperate in the investigation of complaints filed under this section when the allegations are within

the jurisdiction of both agencies.

     (c) The department of labor and training shall disseminate information to employers and

workers about the prohibitions prescribed in this section.

     (d) Any fees for criminal background checks permitted under section (a)(1) or (a)(2) of this

section shall be waived if the applicant is seeking employment to a position with a salary of under

forty thousand dollars ($40,000).

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- BACKGROUND CHECKS OF VOLUNTEERS AND

INTERNS

***

     This act would waive fees for the applicant to volunteer at a school. The act would also

waive fees for criminal background checks on any employee seeking employment for a position

with a salary of less than forty thousand dollars ($40,000).

     This act would take effect upon passage.

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