Bill
Number: S.B. 1437
Quezada
Floor Amendment
Reference
to: printed bill
Amendment
drafted by: Lisette Flores
FLOOR
AMENDMENT EXPLANATION
·
Prohibits
an employer, or state agency, unless required by federal law, from inquiring
about, considering or requiring the disclosure of the record of an applicant
for employment during the hiring process unless the inquiry about,
consideration of or requirement of disclosure of the record takes place after
the applicant has been notified that the applicant has been selected for an initial
interview or if there is no interview after a conditional offer of employment.
·
Clarifies
that an employer or state agency determine whether a criminal conviction record
would directly relate to the employment position.
·
Excludes
employers with less than 15 employees or employment positions within a law
enforcement, probation, prosecutor agency, emergency medical services, public
airport or employment as a certified court security officer or fire fighter
from the criminal record check prohibitions.
·
Removes
the prohibition for a landlord from inquiring about an applicant's criminal
record.
Page 1, line
6, strike "notwithstanding any OTHER" insert
"unless required by federal"
Line 12,
after "HAS" insert "BEEN
NOTIFIED THAT THE APPLICANT HAS BEEN SELECTED FOR AN INITIAL INTERVIEW BY THE
EMPLOYER OR, IF THERE IS NO INTERVIEW, UNTIL AFTER THE APPLICANT HAS"
Line 16,
strike "FIVE" insert "SEVEN";
after "YEARS" insert "EXCLUDING
PERIODS OF INCARCERATION,"
Line 18,
after the first "THE" insert "EMPLOYER DETERMINES THE"; after "RECORD"
insert "WOULD";
strike "RELATES" insert "RELATE"
Line 20,
after “TO” insert “: 1.”
Line 22, after " 3.1" insert "or to any employment position at a public airport
2.
a POSITION REQUIRING AN APPLICANT TO SUBMIT FINGERPRINTS IN ORDER TO ACCESS
STATE AND FEDERAL CRIMINAL RECORDS INFORMATION FOR NONCRIMINAL JUSTICE
PURPOSES.
3.
EMPLOYMENT POSITIONS WITHIN A LAW ENFORCEMENT, PROBATION, PROSECUTOR AGENCY,
emergency medical services transport OR EMPLOYMENT AS A CERTIFIED COURT
SECURITY OFFICER or fire fighter.”
Strike lines
23 through 38, insert:
"C. THIS SECTION DOES NOT APPLY TO AN EMPLOYER WITH FEWER THAN FIFTEEN
EMPLOYEES."
Renumber
to conform
Line 43,
strike "NOTWITHSTANDING ANY OTHER" insert "UNLESS REQUIRED BY FEDERAL"
Page 2, line
5, after "HAS" insert "BEEN
NOTIFIED THAT THE APPLICANT HAS BEEN SELECTED FOR AN INITIAL INTERVIEW BY THE
EMPLOYER OR, IF THERE IS NO INTERVIEW, UNTIL AFTER THE APPLICANT HAS"
Line 9,
strike "FIVE" insert "SEVEN";
after "YEARS" insert "EXCLUDING
PERIODS OF INCARCERATION,"
Line 11, after the first "THE" insert
"STATE
AGENCY DETERMINES THE"; after "RECORD" insert
"WOULD";
strike "RELATES" insert "RELATE"
Amend title to conform