ARIZONA HOUSE OF REPRESENTATIVES Fifty-fifth Legislature First Regular Session
	House: COM DPA 6-3-0-1

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HB 2787: occupational regulation; good character; definition

Sponsor:  Representative Burges, LD 1

Caucus & COW

Overview

Prescribes additional considerations in determining if a person's criminal record disqualifies them from occupational licensure or certification.

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. Defines 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 disqualification 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)

Amendments

Committee on Commerce

1. Deletes the definition of agency.

2. Modifies the considerations used to conclude that a person has a disqualifying criminal record.

3. Removes the additional considerations used to determine if a person has a disqualifying criminal record.

4. Makes clarifying changes.

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8.                   HB 2787

9. Initials PRB           Page 0 Caucus & COW

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