SB 449 — Using criminal conviction records to disqualify person from license or authorization to practice occupation

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Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 449 By Senators Gaunch, Boso, Drennan, Maynard, Rucker, Smith, Weld, Woelfel, and Cline [Introduced[Originating Februaryin 1,the 2018;Committee on Government Organization;

ReferredReported on February 21, 2018]     A BILL to amend the CommitteeCode onof GovernmentWest Organization;Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-22, relating to using records of criminal conviction to disqualify a person from receiving a license for a profession or occupation;

andrequiring thenboards toor thelicensing Committeeauthorities on the Judiciary] A BILL to amendclearly define the Codecriminal ofoffenses Westor Virginia,categories 1931, as amended, by adding thereto a new chapter, designated §30A-1-1, §30A-1-2, §30A-2-1, §30A-2-2, §30A-2-3, §30A-2-4, §30A-2-5, §30A-2-6, and §30A-2-7, all relating to using records of criminaloffenses convictionthat towould disqualify aan personapplicant from receiving or renewing a license or other authorization to practicepractice; an occupation;

definingrequiring thecriminal scopeoffenses ofto thebe lawspecifically and definingdirectly terms;related to duties and responsibilities of the profession or occupation;

requiringlimiting specificitytime inof definingdisqualification disqualifyingfrom offenses;criminal offense;

establishingproviding timeexceptions; limits;

barringproviding politicalpetition subdivisionsprocess fromfor creatingindividual restrictionswith fora newcriminal licenserecord categories;to obtain determination of effect of a criminal record on ability to obtain a license;

providingand arequiring petitionboards processand tolicensing reviewauthorities theto effectupdate oflegislative arules. criminal record;

and requiring state authorities to update legislative rules.

ChapterARTICLE 30A.1.

OCCUPATIONS.GENERAL PROVISIONS APPLICABLE TO ALL STATE BOARDS OF EXAMINATION OR REGISTRATION REFERRED TO IN CHAPTER.

Article§30-1-22. 1.

GENERAL PROVISIONS RELATING TO ALL OCCUPATIONAL LICENSING AUTHORITIES AND PROCEDURES.

§30A-1-1.

Scope of chapter.

Unless otherwise specified, the provisions of this chapter apply to every licensing authority regardless of the location or position of the authority within this code, within the organizational structure of state government, or the political subdivisions of this state.

 These provisions apply to the procedures of every licensing authority for the grant, denial, suspension, revocation, or limitation of any authorization to practice an occupation, trade, or profession in this state.

§30A-1-2.

Definitions.

As used in this chapter, the following terms have the meanings specified below:

“Licensing authority” means an agency, board, commission, or other office of the state, or of any political subdivision of the state, with the authority to impose occupational fees or licensing requirements on any occupation, profession, or trade;

“License or other authorization to practice” means any form of authorization, without regard to the name of the authorization, that is issued, granted, or entered by a licensing authority to allow a person to work in a specific occupation, profession, or trade after meeting one or more requirements imposed by law, but this phrase does not include a commercial driver license to operate a commercial motor vehicle;

and “Occupational fee” means a fee or tax on professionals or businesses that is charged as a condition of practicing an occupation within a specified jurisdiction.

In this chapter, the terms “occupation”, “profession”, and ‘trade” have the same meanings as they have in common language usage.

Article 2.

Limitations on Use of Criminal Records.

§30A-2-1.

Definitions.

As used in this article, “criminal record” means any felony or misdemeanor conviction.

§30A-2-2.

All(a) stateEvery andboard politicalor subdivision licensing authoritiesauthority referred to in this chapter shall clearly define the criminal offenses or categories of criminal offenses for which a criminalconviction record would disqualify an applicant from receiving or renewing a license or other authorization to practice.

LicensingBoards authorities may only listinclude as disqualifying those criminal offenses or categories of criminal offenses that are specific and directly related to the duties and responsibilities forof the regulated occupation,profession profession, or trade.occupation.

 Notwithstanding(b) anyIf provisionan ofindividual lawhas tobeen theconvicted contrary,of a licensingcriminal authorityoffense maythat notwould usedisqualify undefined,the generalindividual categoriesfrom ofreceiving offensesa suchlicense asor “crimesother ofauthorization moralto turpitude”practice, orthe “crimesdisqualification reflectingshall insufficientnot character”last tolonger establishthan orfive referyears tofrom criminalthe recordsdate thatof wouldconviction disqualifyif anthe applicantindividual fromhas receiving,not maintaining,been orconvicted exercisingof aany licenseother orcrime otherduring authorizationthat toperiod practice.of time:

§30A-2-3.Provided, That convictions for violent or sexual offenses may subject an individual to a longer period of disqualification.

Duration(c) An individual with a criminal record may petition a board at any time for a determination of disqualification.whether the individual’s criminal record will disqualify the individual from obtaining a license or other authorization to practice.

If an individual has a valid criminal conviction for a crime that would disqualify the individual from receiving a license or other authorization to practice, the disqualification shall not last longer than five years from the date of conviction:

Provided, That the conviction is not for a violent or sexual offense and the individual has not been convicted of any other crime during the five-year disqualification period.

§30A-2-4.

State licensing authorities;