Alabama Senate Bill SB51

Alabama 2023 Regular Session

• Introduced: 3/7/23
• Refer: 3/7/23

Caption

Relating to occupational licensing boards; to amend Section 41-9A-2, Code of Alabama 1975; to require an occupational licensing board to determine whether an individual's criminal conviction disqualifies him or her from obtaining an occupational license in certain circumstances; to add Section 41-9A-2.1 to the Code of Alabama 1975, to prohibit an occupational licensing board from using certain terms in rulemaking as reasons for disqualification from licensure and to limit the circumstances under which an occupational licensing board may consider an individual's criminal record when determining if the individual qualifies for licensure; to repeal Chapter 26 of Title 15, Code of Alabama 1975, relating to orders of limited relief; and to require occupational licensing boards to include certain information on official websites.

Impact

The changes proposed by SB51 aim to transform how criminal history is viewed in the context of occupational licensing. By requiring boards to publicly list disqualifying offenses and limiting the use of vague terms, the bill seeks to enhance transparency and prevent arbitrary decisions based on non-specific criteria. Proponents argue that this is vital for protecting the rights of individuals trying to reintegrate into society after serving their sentences. However, the bill also repeals the existing laws related to orders of limited relief, which could impact certain individuals' pathways to obtaining licensure.

Summary

SB51 introduces significant changes to the current processes regarding occupational licensing in Alabama. The bill mandates that occupational licensing boards must evaluate whether a criminal conviction disqualifies an individual from obtaining a license based on specific criteria, including the nature of the crime, the time elapsed since the crime, and evidence of rehabilitation. This approach seeks to create a more equitable assessment process for applicants who may have a criminal history but are otherwise qualified for licensure. In addition, the bill specifies that terms such as 'moral turpitude' or 'good character' cannot be used indiscriminately as grounds for disqualification, promoting clarity in the licensing criteria.

Contention

Despite its support, SB51 is expected to face debate regarding the balance between public safety and opportunity for rehabilitation. Critics may contend that eliminating the automatic disqualification clauses for felony convictions could pose a risk to consumers, specifically in security-sensitive occupations. Conversely, supporters argue that many individuals with a past criminal record possess the skills needed for various professions and that fair evaluation should prevail over blanket disqualifications.