SB1436 - 532R - Senate Fact Sheet

ARIZONA STATE SENATE

Fifty-Third Legislature, Second Regular Session

AMENDED

FACT SHEET FOR S.B. 1436

criminal history; occupational regulation

Purpose

Prohibits a state agency or board from denying an otherwise qualified individual an occupational license due to a criminal record. Excludes certain types of offenses.

Background

Statute provides licensing standards for numerous professions, which may include education, training, experience, examination, age and character requirements. Statute also outlines grounds for disciplinary action or refusal to issue or renew such licenses including: 1) commission of an act involving dishonesty, fraud, deceit or negligence; 2) malpractice or incompetency; 3) false or deceptive advertising; 4) using controlled substances; 5) violating a provision of statute or rule; 6) making false statements to the licensing board; or 7) conviction of a crime (A.R.S. Title 32).

In many cases, the only convictions that affect a person's license are crimes involving moral turpitude, felonies or crimes that are related to the qualifications, functions or duties of the license for which the application is made (A.R.S. §§ 32-572; 32-741; 32-3631; and 32-4253).

Under current law, a licensing authority may issue a regular or provisional license to an otherwise qualified applicant convicted of an offense, excluding convictions of : 1) a violent crime; 2) public sexual indecency to a minor; 3) a sexual offense; 4) kidnapping; or 5) an offense in violation of forgery and related offenses, credit card fraud, business and commercial fraud, fraudulent schemes and artifices, or fraudulent schemes and practices if the licensed occupation is one in which the licensee owes a fiduciary duty to a client (A.R.S. § 32-4701).

There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1. Prohibits an agency from denying an otherwise qualified individual with a criminal record an occupational license, except if the offense is:

a) a felony

b) of a violent nature;

c) related to forgery, fraudulent schemes, credit card fraud, or organized crime and the license establishes a fiduciary duty;

d) required by law to be considered by the agency upon issuance of a license;

e) a substantial concern to public interest or safety; or

f) more likely to reoccur if the individual is licensed.

2. Excludes, from the prohibition to deny licensure based on criminal record, law enforcement agencies, the Arizona Peace Officer Standards and Training Board and occupations:

a) including private investigators and security guards;

b) related to education;

c) that require a fingerprint clearance card; or

d) that are established by an interstate compact.

3. Allows an individual with a criminal record to petition an agency at any time to determine their qualification for licensure.

4. Requires the petition submitted to include the individual's complete criminal history and any additional information related to the circumstances of conviction.

5. Requires an agency to determine whether an individual with a criminal record qualifies for a license within 90 days of receiving the individual's petition.

6. Requires an agency to advise a disqualified individual of potential remedial actions, including a determination appeal and submission of a new petition to the same agency or board within two years of initial determination.

7. Rescinds an agency determination if an individual is convicted of an additional outlined offense before a license is granted.

8. Requires each licensing authority to submit a report to the Governor and Legislature, by July 1 of each year, that includes the total number of:

a) petitions for determination received;

b) applicants granted licensure and their offenses;

c) applicants denied licensure and their offenses; and

d) determinations rescinded.

9. Makes technical changes.

10. Becomes effective on the general effective date.

Amendments Adopted by the House of Representatives

1. Includes felonies and fraudulent crimes as disqualification for an occupational license.

2. Exempts law enforcement agencies and certain occupations from the prohibition to deny licensure based on criminal record.