North Carolina HB 45: Address Pandemic Learning Loss/Alamance County.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 45

Short Title: GSC Moral Turpitude/Occupational Licensure. (Public)
Sponsors: Representative Davis.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 1, if favorable, Rules, Calendar, and Operations of the House
February 5, 2025
*H45-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO CLARIFY THE PROHIBITION ON DENYING LICENSURE BASED ON A 2
DETERMINATION THAT A CONVICTION IS FOR A CRIME OF MORAL 3
TURPITUDE, TO MAKE CORRESPONDING CHANGES TO OCCUPATIONAL AND 4
STATE AGENCY LICENSURE STATUTES, AND TO MAKE OTHER TECHNICAL 5
CORRECTIONS, AS RECOMMENDED BY THE GENERAL STATUTES 6
COMMISSION. 7
The General Assembly of North Carolina enacts: 8
SECTION 1. G.S. 93B-8.1 reads as rewritten: 9
"§ 93B-8.1. Use of criminal history records. 10
(a) The following definitions apply in this section: 11
(1) Applicant. – An individual who makes application for licensure from a board. 12
(2) Board. – An occupational licensing board or a State agency licensing board as 13
defined in G.S. 93B-1. 14
(3) Criminal history record. – A State or federal history of conviction of a crime, 15
whether a misdemeanor or felony, that bears upon an applicant's or a licensee's 16
fitness to be licensed or disciplined.felony. 17
(3a) Deny licensure or denies licensure. – To refuse to issue a license to an 18
applicant, to refuse to renew the license of a licensee, or to revoke the license 19
of a licensee. 20
(4) Licensee. – An individual who has obtained a license to engage in or represent 21
himself or herself to be a member of a particular profession or occupation. 22
(b) Unless federal law governing a particular board provides otherwise, a board may deny 23
an applicant licensure on the basis of a conviction of a crime only if the board finds that the 24
applicant's criminal conviction history is directly related to the duties and responsibilities for the 25
licensed occupation or the conviction is for a crime that is violent or sexual in nature. 26
Notwithstanding any other provision of law, a board shall not automatically deny licensure on 27
the basis of an applicant's or licensee's criminal history, history record, and no board shall deny 28
an applicant a license licensure based on a determination that a conviction is for a crime of moral 29
turpitude. The board shall make its determination based on the factors specified in subsection 30
(b1) of this section. 31
(b1) Before a board may deny an applicant a license licensure due to a criminal conviction 32
under subsection (b) of this section, the board shall specifically consider all of the following 33
factors: 34
(1) The level and seriousness of the crime. 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 45-First Edition
(2) The date of the crime. 1
(3) The individual's age of the individual at the time of the crime. 2
(4) The circumstances surrounding the commission of the crime, if known. 3
(5) The nexus between the criminal conduct and the prospective duties of the 4
applicant as a licensee. 5
(6) The individual's prison, jail, probation, parole, rehabilitation, and employment 6
records of the applicant since the date the crime was committed. 7
(6a) The individual's completion of, or active participation in, rehabilitative drug 8
or alcohol treatment. 9
(6b) A Certificate of Relief granted pursuant to G.S. 15A-173.2. 10
(7) The subsequent commission of a crime by the applicant.individual's criminal 11
history record after the conviction. 12
(8) Any affidavits or other written documents, including character references. 13
(b2) If the board denies an applicant a license licensure under this section, the board shall 14
do all of the following: 15
(1) Make written findings specifying the factors in subsection (b1) of this section 16
the board deemed relevant to the applicant and explaining the reason for the 17
denial. The board's presiding officer shall sign the findings. 18
(2) Provide or serve a signed copy of the written findings to the applicant or 19
licensee within 60 days of the denial. 20
(3) Retain a signed copy of the written findings for no less than five years. 21
(b3) Each board shall include in its application for licensure and on its public website all 22
of the following information: 23
(1) Whether the board requires applicants to consent to a criminal history record 24
check. 25
(2) The factors considered by the board under subsection (b1) of this section when 26
making a determination of regarding licensure. 27
(3) The appeals process pursuant to Chapter 150B of the General Statutes if the 28
board denies an applicant licensure in whole or in part because of a criminal 29
conviction. 30
(b4) If a board requires an applicant to submit a criminal history record, the board shall 31
require the provider of the criminal history record to provide the applicant with access to the 32
applicant's criminal history record or otherwise deliver a cop