ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

First Regular Session

 

HB 2787: occupational regulation; good character; definition

Sponsor:  Representative Burges, LD 1

Committee on Commerce

Overview

Facilitates a person with a criminal history in petitioning an agency for their qualification standing for license and certification issuance.

History

Under current law, a person with a criminal record may petition an agency for a determination of whether the person’s criminal record disqualifies them from obtaining a license, permit, certificate or other state recognition.

The petition must include the person’s complete criminal history record and any additional information about the person’s current related circumstances.

The agency may determine that a criminal record is disqualifying only if the agency concludes that the state has an important interest in protecting public safety that is superior to the person’s rights. (A.R.S. 41-1093.04.)

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDefines moral turpitude as an offense, whether a misdemeanor or felony, that is related to extortion, burglary, larceny, bribery, embezzlement, robbery, racketeering, money laundering, forgery, fraud, murder, voluntary manslaughter or a sexual offense that requires the individual to register. (Sec. 1)

2.   Defines agency as any agency, board, commission or entity that issues a license, certification or state recognition. (Sec. 2)

3.   Allows a person petitioning an agency for a determination of qualification to authorize the agency to obtain the persons criminal history record. (Sec. 3)

4.   Includes to the qualifier used to determine that the person has a disqualifying criminal record that the specific offense directly relates to the duties and responsibilities of the occupation. (Sec. 3)

5.   Requires the agency to consider the following in determining disqualification based on a clear and convincing showing:

a)   The nature and seriousness of the crime;

b)   The passage of time since the crime;

c)   The relationship of the crime to the ability, capacity and requirements to perform the occupation; and

d)   Mitigating evidence of rehabilitation. (Sec. 3)

6.   Prohibits an agency, when determining disqualification, from considering:

a)   Nonconviction information;

b)   A conviction that has been sealed, dismissed, expunged or pardoned;

c)   A juvenile adjudication; and

d)   A nonviolent misdemeanor. (Sec. 3)

7.   Requires the written determination of the petition to include the grounds and reasons for the determination if the person's criminal history disqualifies the person. (Sec. 3)

8.   Removes the 2-year time constraint when it comes to the submission of a new petition after a disqualified determination and allows the agency to inform the person on the earliest date they may submit a new petition. (Sec. 3)

9.   Expands the list of additional offenses that requires an agency to rescind a determination. (Sec. 3)

10.  Directs all agencies to adopt forms for petitions as prescribed.  (Sec. 3)

11.  Requires the Legislative Council to prepare conforming legislation to this Act. (Sec. 4)

12.  Makes technical changes. (Sec. 1-3)

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16.                    HB 2787

17.  Initials PRB           Page 0 Commerce

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