Rhode Island SB 2263: AN ACT RELATING TO LABOR AND LABOR RELATIONS -- LICENSING (Creates new standards for determining whether a state work license applicant's past criminal contacts/convictions should disqualify them from receiving a government-issued license.)

Bill Text

2020 -- S 2263
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LC003875
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2020
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A N A C T
RELATING TO LABOR AND LABOR RELATIONS -- LICENSING
Introduced By: Senators Metts, Picard, Quezada, Nesselbush, and Goldin
Date Introduced: February 04, 2020
Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:
SECTION 1. Section 28-5.1-14 of the General Laws in Chapter 28-5.1 entitled "Equal 1
Opportunity and Affirmative Action" is hereby amended to read as follows: 2
28-5.1-14. State lice ns ing and re gulatory age ncie s . 3
(a) As used in this section: 4
(1) "Licensing authority" means any agency, examining board, or other office with the 5
authority to impose and evaluate licensing requirements on any profession. 6
(2) "License" shall include the whole or part of any agency permit, certificate, approval, 7
or similar form of permission required by law, but it does not include a motor vehicle operator's 8
license as defined in chapter 10 of title 31. 9
(b) State agencies shall not discriminate by considering race, color, religion, sex, sexual 10
orientation, gender, identity or expression, age, national origin, or disability in granting, denying, 11
or revoking a license or charter, nor shall any person, corporation, or business firm which is 12
licensed or chartered by the state unlawfully discriminate against or segregate any person on these 13
grounds. All businesses licensed or chartered by the state shall operate on a nondiscriminatory 14
basis, according to equal employment treatment and access to their services to all persons, except 15
unless otherwise exempted by the laws of the state. Any licensee, charter holder, or retail sales 16
permit holder who fails to comply with this policy is subject to any disciplinary action that is 17
consistent with the legal authority and rules and regulations of the appropriate licensing or 18
regulatory agency. State agencies which have the authority to grant, deny, or revoke licenses or 19

LC003875 - Page 2 of 5
charters will cooperate with the state equal opportunity office to prevent any person, corporation, 1
or business firm from discriminating because of race, color, religion, sex, sexual orientation, 2
gender, identity or expression, age, national origin, or disability or from participating in any 3
practice which may have a disparate effect on any protected class within the population. The state 4
equal opportunity office shall monitor the equal employment opportunity activities and 5
affirmative action plans of all such organizations. 6
(c) The state agencies, licensing boards, and commissions covered by this section shall 7
include, but not be limited to, those departments enumerated in § 42-6-1 and the state agencies, 8
licensing boards and commissions under the jurisdiction of those departments. 9
(d) No person shall be disqualified to practice, pursue or engage in any occupation, trade, 10
vocation, profession or business, for which an occupational license, permit, certificate or 11
registration is required to be issued by the state or any of its agencies or any state licensing board 12
or commission, solely or in part, because of a prior conviction of a crime or crimes unless the 13
underlying crime or crimes substantially relate to the occupation to which the license applies, 14
notwithstanding any prior general laws to the contrary. 15
(e) No occupational license, permit, certificate, or registration issued by the state or any 16
of its agencies or any state licensing board or commission shall be suspended or revoked, solely 17
or in part, because of a prior conviction of a crime or crimes unless the underlying crime or 18
crimes substantially relate to the occupation which requires the license, notwithstanding any prior 19
general laws to the contrary. 20
(f) In determining whether a conviction substantially relates to the occupation for which 21
the license is sought, the licensing authority shall consider the following factors: 22
(1) The state's legitimate interest in equal access to employment for individuals who have 23
had past contact with the criminal justice system; 24
(2) The relationship of the crime or crimes to the purposes of regulating the occupation 25
for which the license is sought; and 26
(3) The relationship of the crime or crimes to the ability, capacity, and fitness required to 27
perform the duties and discharge the responsibilities of the position of employment or occupation. 28
(g) A person who has been convicted of a crime or crimes which substantially relate to 29
the occupation for which a license is sought shall not be disqualified from the occupation if the 30
person can show competent evidence of sufficient rehabilitation and present fitness to perform the 31
duties of the occupation for which the license is sought. The licensing authority shall consider the 32
time elapsed since the conviction, when determining if there has been sufficien