ARIZONA HOUSE OF REPRESENTATIVES

SB 1436: prohibition; criminal history; occupational regulation
PRIME SPONSOR: Senator Burges, LD 22 BILL STATUS: Caucus & COW                 JPS: DPA 9-0-0-0

Abstract

Relating to occupational licensure and criminal records.

Provisions

1. States that a person's fundamental right to pursue an occupation includes the rights:

a. Of a person with a criminal record to engage in an occupation requiring a credential other than a provisional license.

b. To not have a person's criminal record act as an automatic bar to the person receiving a credential. (Sec 2) (JPS)

2. Allows a person to petition a state agency/board an agency for a determination as to whether the person's criminal record will disqualify the person from receiving a credential.

a. The person may apply at any time, including before taking the exam or paying a fee. (Sec 2)(JPS)

3. Outlines information that must be included in the petition. (Sec 2)

4. Prohibits a state agency/board from determining that the person's criminal record disqualifies the person from obtaining a credential unless:

a. The person was convicted of any of the following and the conviction has not been expunged:

i. A felony;

ii. a violent crime (A.R.S. § 13-901.03);

iii. forgery (A.R.S. Title 13, Ch. 20)

iv. credit card theft (a.R.S. Title 13, ch. 21)

v. organized crime (a.r.s. Title 13, Ch. 23)

vi. FRAUDULENT schemes (a.R.S. §§ 13-2310 or 13-2311, if the credential is for an occupation where the person would have a FIDUCIARY duty.

vii. any offense that a law requires an agency to consider when issuing a license.

viii. A misdemeanor involving violence; or

ix. A sexual offense; and (JPS)

b. The agency/board determines that there is an important interest in protecting public safety that is greater than the person's right.

i. To decide this, the agency/board must find by clear and convincing evidence that:

Ø The offense is substantially related to the state's interest; and

Ø The person is more likely to reoffend by having the credential than if the person did not have the credential. (Sec 2) (JPS)

5. exempts the following from the prohibition on denial:

a. any law enforcement agency or the arizona peace officer standards and training board;

b. any credential related to security guards;

c. any certification required under the education title;

d. statutory requirements to obtain a fingerprint clearance card; or

e. license eligibility criteria established by an interstate compact. (jps)

6. Requires the licensing entity to determine if the person's criminal record disqualifies the person from receiving the credential within 90 days of receiving the petition.

a. The decision must be in writing with findings of fact and conclusions of law. (Sec 2)

7. Allows the agency to advise the person of options to remedy disqualification, including:

a. An appeal of the determination through the superior court under A.R.S. Title 12, Ch. 7, Article 6; or

b. Submitting a new petition after a two year wait period. (Sec 2)

8. Requires the agency/board to rescind the determination if the person is convicted of a disqualifying offense at any time between the initial determination and when the person is issued a credential. (Sec 2) (JPS)

9. Requires agencies/boards to report to the Governor and Legislature by July 1 each year the number of:

a. Petitions filed;

b. Petitions granted and types of offenders;

c. Petitions denied and types of offenders; and

d. Determinations rescinded. (Sec 2) (JPS)

10. Strikes current language prohibiting the disqualification of a person whose civil rights have been restored from engaging in a job that requires a credential solely because of a prior conviction.  (Sec 1)

11. Strikes current language that prohibits denying a person whose civil rights have been restored a credential if the offense committed has a reasonable relationship to the occupation that the credential is sought. (Sec 1)

Current Law

A.R.S. Title 41, Ch. 6, Article 11 outlines restrictions on occupational regulation.  Laws 2017, Ch. 230 granted a licensing authority under A.R.S. Title 32 (professions and occupations) the ability to issue a person who was otherwise qualified either a regular license or a provisional license, despite the person's criminal conviction. This law provided the framework for issuing licenses and limited the duration of a provisional license to one year. Specific restrictions were included for certain offenses and several exemptions were included for:

· Specific offenses,

· Occupations involving the supervision of vulnerable adults or children;

· License applications where the applicant was convicted of committing an offense during performing the occupational duties; and

· Repetitive offenders.

A.R.S. § 41-1001 defines agency as "any board, commission, department, officer or other administrative unit of this state, including the agency head and one or more members of the agency head or agency employees or other persons directly or indirectly purporting to act on behalf or under the authority of the agency head, whether created under the Constitution of Arizona or by enactment of the legislature. Agency does not include the Legislature, the courts or the Governor. Agency does not include a political subdivision of this state or any of the administrative units of a political subdivision, but does include any board, commission, department, officer or other administrative unit created or appointed by joint or concerted action of an agency and one or more political subdivisions of this state or any of their units." 

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Fifty-third Legislature                  SB 1436

Second Regular Session                               Version 1: Caucus & COW

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