Washington 2017-2018 Regular Session Status: Passed Senate 5 D cosponsors

SB 5312 — Prohibiting certain employers from including any question on an application about an applicant's criminal record, inquiring either orally or in writing about an applicant's criminal records, or obtaining information from a criminal background check, until after the employer initially determines that the applicant is otherwise qualified.

Last action — Senate Rules "X" file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1 added · 1 removed

Plain-language change summary

The updated version of SB 5312 introduces some important clarifications and stipulations regarding hiring practices for job applicants with criminal records. It prohibits employers from asking about criminal histories until they have first determined that an applicant is otherwise qualified for the job. This change aims to reduce bias against individuals with criminal records during the early stages of the hiring process, which could help increase their chances of gaining employment. Additionally, it emphasizes that employers cannot have blanket policies that automatically exclude applicants with such records, unless the job involves specific roles that require background checks for safety reasons.

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S-1163.2SUBSTITUTE SENATE BILL 5312State of Washington65th Legislature2017 Regular SessionBy Senate Commerce, Labor & Sports (originally sponsored by Senators Baumgartner, Saldaña, Walsh, Billig, Angel, Hasegawa, Keiser, Chase, Zeiger, Rolfes, Ranker, Fain, Frockt, Conway, Wellman, Darneille, Pedersen, and Miloscia)READ FIRST TIME 02/06/17.AN ACT Relating to prohibiting certain employers from including any question on an application about an applicant's criminal record, inquiring either orally or in writing about an applicant's criminal records, or obtaining information from a criminal background check, until after the employer initially determines that the applicant is otherwise qualified;
S-0365.3SENATE BILL 5312State of Washington65th Legislature2017 Regular SessionBy Senators Baumgartner, Saldaña, Walsh, Billig, Angel, Hasegawa, Keiser, Chase, Zeiger, Rolfes, Ranker, Fain, Frockt, Conway, Wellman, Darneille, Pedersen, and MilosciaRead first time 01/19/17.
Referred to Committee on Commerce, Labor & Sports.AN ACT Relating to prohibiting certain employers from including any question on an application about an applicant's criminal record, inquiring either orally or in writing about an applicant's criminal records, or obtaining information from a criminal background check, until after the employer initially determines that the applicant is otherwise qualified;
Prohibited policies and practices include rejecting an applicant for failure to disclose a criminal record prior to initially determining the applicant is otherwise qualified for the position.(4) This section does not apply to:(a) Any employer hiring a person who will or may have unsupervised access to children under the age of eighteen, a vulnerable adult as defined in chapter 74.34 RCW, or a vulnerable person as defined in RCW 9.96A.060;(b) Any employer who is hiring for a position that includes:(i) Services to be performed at or in a residential property, excluding all persons certified or licensed under Title 18 or 19 RCW;(ii) Solicitation at or in a residential property of products or services;
Prohibited policies and practices include rejecting an applicant for failure to disclose a criminal record prior to initially determining the applicant is otherwise qualified for the position.(4) This section does not apply to:(a) Any employer hiring a person who will or may have unsupervised access to children under the age of eighteen, a vulnerable adult as defined in chapter 74.34 RCW, or a vulnerable person as defined in RCW 9.96A.060;(b) Any employer who is hiring for a position that includes:(i) Services to be performed at or in a residential property;(ii) Solicitation at or in a residential property of products or services;
and state laws regarding unsupervised access to children or vulnerable persons, RCW 43.43.830 through 43.43.845.(2) This chapter may not be interpreted or applied as imposing an obligation on the part of an employer to provide accommodations or job modifications in order to facilitate the employment or continued employment of an applicant or employee with a criminal record or who is facing pending criminal charges.(3) This chapter may not be construed to prohibit an employer from declining to hire an applicant with a criminal record or from terminating the employment of an employee with a criminal record.(4) This chapter may not be construed to discourage or prohibit an employer from adopting employment policies that are more protective of employees and job applicants than the requirements of this chapter.(5) This chapter may not be construed to create a private right of action to seek damages or remedies of any kind.
and state laws regarding unsupervised access to children or vulnerable persons, RCW 43.43.830 through 43.43.845.(2) This chapter may not be interpreted or applied as imposing an obligation on the part of an employer to provide accommodations or job modifications in order to facilitate the employment or continued employment of an applicant or employee with a criminal record or who is facing pending criminal charges.(3) This chapter may not be construed to prohibit an employer from declining to hire an applicant with a criminal record or from terminating the employment of an employee with a criminal record.(4) This chapter may not be construed to discourage or prohibit an employer from adopting employment policies that are more protective of employees and job applicants than the requirements of this chapter.(5) This chapter may not be construed to interfere with local government laws that provide additional protections to applicants or employees with criminal records, nor does it prohibit local governments from enacting greater protections for such applicants or employees in the future.
Local government laws that provide lesser protections to job applicants with criminal records than this chapter conflict with this chapter and may not be enforced.(6) This chapter may not be construed to create a private right of action to seek damages or remedies of any kind.
Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.NEW SECTION.  Sec. 7.  The state of Washington fully occupies and preempts the entire field of employment laws related to criminal records and other matters covered within this chapter within the boundaries of the state.
Rules adopted under this act must meet federal requirements that are a necessary condition to the receipt of federal funds by the state.NEW SECTION.  Sec. 7.  Sections 1 through 4, 6, and 8 of this act constitute a new chapter in Title 49 RCW.NEW SECTION.  Sec. 8.  This act may be known and cited as the Washington fair chance act.--- END ---
Cities, towns, and counties or other municipalities may enact only those laws and ordinances relating to employment laws related to criminal records and other matters covered within this chapter that are specifically authorized by state law and are consistent with this chapter.
Local laws and ordinances in existence on the effective date of this section that are inconsistent with this chapter are preempted and repealed, regardless of the nature of the code, charter, or home rule status of such a city, town, county, or municipality.NEW SECTION.  Sec. 8.  Sections 1 through 4, 6, 7, and 9 of this act constitute a new chapter in Title 49 RCW.NEW SECTION.  Sec. 9.  This act may be known and cited as the Washington fair chance act.--- END ---
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Action History

  1. Senate Rules "X" file.

  2. By resolution, reintroduced and retained in present status.

  3. By resolution, reintroduced and retained in present status.

  4. By resolution, reintroduced and retained in present status.

  5. By resolution, reintroduced and retained in present status.

  6. Placed on Rules White Sheet.

  7. By resolution, returned to Senate Rules Committee for third reading.

  8. Referred to Rules 2 Consideration.

  9. Placed on second reading by Rules Committee.

  10. Referred to Rules 2 Review.

  11. Minority; without recommendation.

  12. Minority; do not pass.

  13. APP - Majority; do pass with amendment(s) by Labor & Workplace Standards.

  14. Referred to Appropriations.

  15. Minority; do not pass.

  16. LAWS - Majority; do pass with amendment(s).

  17. Minority; do not pass.

  18. LAWS - Majority; do pass with amendment(s).

  19. First reading, referred to Labor & Workplace Standards (Not Officially read and referred until adoption of Introduction report).

  20. Third reading, passed; yeas, 25; nays, 24; absent, 0; excused, 0.

  21. Rules suspended. Placed on Third Reading.

  22. Floor amendment(s) adopted.

  23. 1st substitute bill substituted.

  24. 1st substitute bill substituted.

  25. Placed on second reading by Rules Committee.

  26. Placed on second reading by Rules Committee.

  27. Passed to Rules Committee for second reading.

  28. Passed to Rules Committee for second reading.

  29. Minority; without recommendation.

  30. CLS - Majority; 1st substitute bill be substituted, do pass.

  31. Minority; without recommendation.

  32. CLS - Majority; 1st substitute bill be substituted, do pass.

  33. First reading, referred to Commerce, Labor & Sports.

Sponsors

  • Walsh · Cosponsor
  • Chase · Cosponsor
  • Darneille · Cosponsor
  • Fain · Cosponsor
  • Frockt · Cosponsor
  • Keiser · Cosponsor
  • Jamie Pedersen · Cosponsor
  • Ranker · Cosponsor
  • Billig · Cosponsor
  • Steve Conway · Cosponsor
  • Angel · Cosponsor
  • Bob Hasegawa · Cosponsor
  • Baumgartner · Primary
  • Miloscia · Cosponsor
  • Rolfes · Cosponsor
  • Rebecca Saldaña · Cosponsor
  • Lisa Wellman · Cosponsor
  • Zeiger · Cosponsor

Sponsorship breakdown

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1 sponsors · 17 co-sponsors · 133 not signed on · 5 voted No

Sponsors (1)

  • Baumgartner

Co-sponsors (17)

Not signed on (133)

133 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading & Final Passage (#20)

Passed 25 Yea · 24 Nay
Party YeaNayPresentNot Voting
Unaffiliated 161700
Democrat 6200
Republican 3500
Total 252400
% of votes cast 51%49%0%0%
How each member voted (49)
Member Party Vote
Angel — Yea
Becker — Nay
Carlyle — Nay
Hawkins — Nay
Hobbs — Yea
Rivers — Nay
Rolfes — Yea
Rossi — Nay
Sheldon — Nay
Wilson — Nay
Frockt — Yea
Honeyford — Nay
Keiser — Nay
Kuderer — Yea
McCoy — Yea
Miloscia — Yea
Mullet — Yea
Nelson — Nay
O'Ban — Nay
Padden — Nay
Palumbo — Nay
Pearson — Nay
Ranker — Nay
Takko — Yea
Zeiger — Yea
Brown — Nay
Bailey — Yea
Baumgartner — Yea
Billig — Yea
Darneille — Yea
Ericksen — Nay
Fain — Yea
Van De Wege — Yea
Annette Cleveland Democrat Yea
Bob Hasegawa Democrat Yea
Jamie Pedersen Democrat Nay
Lisa Wellman Democrat Yea
Marko Liias Democrat Yea
Rebecca Saldaña Democrat Nay
Steve Conway Democrat Yea
Victoria Hunt Democrat Yea
Curtis King Republican Yea
Jim Walsh Republican Yea
John Braun Republican Yea
Judy Warnick Republican Nay
Mark Schoesler Republican Nay
Phil Fortunato Republican Nay
Rob Chase Republican Nay
Shelly Short Republican Nay

Official roll call →

Subjects

civil-rights labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 5312?
SB 5312 is sponsored by Walsh, Chase, Darneille, Fain, Frockt, Keiser, Jamie Pedersen (Democrat), Ranker, Billig, Steve Conway (Democrat), Angel, Bob Hasegawa (Democrat), Baumgartner, Miloscia, Rolfes, Rebecca Saldaña (Democrat), Lisa Wellman (Democrat), and Zeiger.
What is the current status of SB 5312?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 5312?
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Last checked for changes 3 months ago · updated continuously

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