HB 124 — AN ACT relating to employment.

UNOFFICIAL COPY 24 RS BRHB 467124/GA AN ACT relating to employment.

The General Assembly finds a compelling public interest in removing barriers to employment opportunities and occupational licenses for citizens of the Commonwealth who have been convicted of a crime.

Employers can increase their hiring prospects by offering positions to this historically untapped pool of willing workers who have demonstrated rehabilitative steps taken in preparation to participate in the workforce, and reenter society as productive citizens, rather than being defined by a past crime.

SECTION 2.

A NEW SECTION OF KRS 335B.010 TO 335B.070 IS CREATED TO READ AS FOLLOWS:

and (c) That the applicant shall submit the information described in subsection (2) of Section 24 of this Act to the hiring or licensing authority within a time period determined by the authority of not less than fourteen (14) business Page 1 of 7 HB012410.100 - 467 - XXXX 3/6/2024 3:12 PM GA UNOFFICIAL COPY 24 RS HB 124/GA days nor more than thirty (30) business days from the date of application.

and;and (c) By placing it on its website.

(c)(3) ByA placinghiring itor onlicensing itsauthority website.shall, no later than January 1, 2025:

Page 1 of 5 XXXX 1/2/2024 3:11 PM Jacketed UNOFFICIAL COPY 24 RS BR 467 (3) A hiring or licensing authority shall, no later than January 1, 2025:

and (c) Provide the Legislative Research Commission for referral to the Interim Joint Committee on Licensing, Occupations, and Administrative Regulations a report by November 1, 2025 to confirm that an application process as described in subsections (1) and (2) of this section has been established and is being utilized.

SectionSECTION 2.3.

A NEW SECTION OF KRS 335B.010 TO 335B.070 IS CREATED TO READ AS FOLLOWS:

(1) Upon receiving an application for a position of public employment or an occupational license from an individual convicted of a crime, a hiring or licensing authority shall:

(a) Request the individual submit the information listed in subsection (2) of Section 4 of this Act to the hiring or licensing authority as required in subsection (1)(c) of Section 2 of this Act;

(b) Afford the individual an opportunity for an in-person, telephone, or video Page 2 of 7 HB012410.100 - 467 - XXXX 3/6/2024 3:12 PM GA UNOFFICIAL COPY 24 RS HB 124/GA hearing;

and (c) Evaluate the applicant's testimony and the evidence of items listed in subsection (2) of Section 4 of this Act, and determine if the conviction directly relates to the position of public employment sought or the occupation for which a license is sought.

(2) (a) If, after evaluating the evidence as described in subsection (1)(c) of this section, the hiring or licensing authority denies the individual a position of public employment or a license solely because of the individual's prior conviction of a crime, the hiring or licensing authority shall provide the individual with written findings of fact of the following:

1.

The grounds and reasons for the denial or disqualification, citing facts as they relate to specific items of consideration in subsection (2) of Section 4 of this Act;

2.

That the individual has the right to a hearing conducted in accordance with KRS Chapter 13B, if a written request for a hearing is made within thirty (30) days after service of written findings of fact;

3.

The earliest date the person may reapply for a position of public employment or a license;

and 4.

That new or previously submitted evidence of rehabilitation may be considered upon reapplication.

(b) Any party aggrieved by a final order issued by a hiring or licensing authority after a hearing under this subsection may appeal to Franklin Circuit Court or the Circuit Court of the county in which the appealing party resides in accordance with KRS Chapter 13B.

(3) In any administrative hearing or civil litigation authorized under this section, the hiring or licensing authority shall carry the burden of proof on the question of whether the prior conviction directly relates to the position of employment sought Page 3 of 7 HB012410.100 - 467 - XXXX 3/6/2024 3:12 PM GA UNOFFICIAL COPY 24 RS HB 124/GA or the occupation for which the license is sought.

Section 4.

Page 2 of 5 XXXX 1/2/2024 3:11 PM Jacketed UNOFFICIAL COPY 24 RS BR 467 (f) A certificate of completion or proof of active participation in a conduct rehabilitation program;

Page 4 of 7 HB012410.100 - 467 - XXXX 3/6/2024 3:12 PM GA UNOFFICIAL COPY 24 RS HB 124/GA (k) Supportive character references and recommendations;

Section 3.5.

(1) [(a)(a) ]UponIf receiving an application for a position of public employment or an occupational license from an individual convicted of a crime,[If] a hiring or licensing authority shall[deniesdenies an individual a position of public employment or a license solely because of the individual's prior conviction of a crime, the hiring or licensing authority shall notify the individual in writing of the following]:following:

(a)[1.]1. Request the individual submit the information listed in subsection (2) of Section 2 of this Act to the hiring or licensing authority as required in subsection (1)(c) of Section 1 of this Act[The grounds and reasons for the denial or disqualification];

(b)[2].The grounds and reasons for the denial or disqualification;

Afford2. the individual an opportunity for an in-person, telephone, or video hearing[That the individual has the right to a hearing conducted in accordance with KRS Chapter 13B, if written request for hearing is made within ten (10) days after service of notice];

andThat (c)[3.] Evaluate the applicant'sindividual testimonyhas and the evidenceright ofto itemsa listedhearing conducted in subsectionaccordance (2)with ofKRS SectionChapter 213B, of this Act, and determine if thewritten convictionrequest directly relates to the position of public employment sought or the Page 3 of 5 XXXX 1/2/2024 3:11 PM Jacketed UNOFFICIAL COPY 24 RS BR 467 occupation for whichhearing the license is sought[Themade earliestwithin dateten the(10) personworking maydays reapplyafter forservice a position of publicnotice; employment or a license;

3.

The earliest date the person may reapply for a position of public employment or a license;

(b) Any party aggrieved by a final order issued by a hiring or licensing authority after a hearing under this subsection may appeal to Franklin Circuit Court or the Circuit Court of the county in which the appealing party resides in accordance with KRS Chapter 13B].13B.

(2) (a) If,[Except after evaluating the evidence as described in subsection (1)(c) of this section[Except as provided in paragraph (b) of this subsection, a]A hiring or licensing authority shall not disqualify an individual from a position of public employment or from pursuing, practicing, or engaging in any occupation for which a license is required solely because of the individual's prior conviction of a crime, unless the authority provides the individual with a written notice that the authority has determined that the prior conviction may disqualify the person, demonstrates the connection between the prior conviction and the position of public employment or a license being sought, and affords the individual an opportunity to be personally heard before the board prior to the Page 5 of 7 HB012410.100 - 467 - XXXX 3/6/2024 3:12 PM GA UNOFFICIAL COPY 24 RS HB 124/GA board making a decision on whether to disqualify the individual.