Louisiana 2012 2012 Regular Session

Louisiana House Bill HB295 Engrossed / Bill

                    HLS 12RS-721	ENGROSSED
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 295
BY REPRESENTATIVES WESLEY BISHOP AND SMITH
EMPLOYMENT: Prohibits disqualification or ineligibility to practice a licensed trade or
profession solely because of a prior criminal record, unless a conviction directly
relates to the position sought
AN ACT1
To amend and reenact R.S. 37:2950(A) and to enact R.S. 37:2950(D)(1)(a)(xv), relative to2
employment restrictions; to provide relative to criminal record; to provide for3
exceptions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 37:2950(A) is hereby amended and reenacted and R.S.6
37:2950(D)(1)(a)(xv) is hereby enacted to read as follows: 7
ยง2950.  Felony convictions' Criminal record effect on trade, occupational, and8
professional licensing9
A. Notwithstanding any other provisions of law to the contrary, a person10
shall not be disqualified, or held ineligible to practice or engage in any trade,11
occupation, or profession for which a license, permit, or certificate is required to be12
issued by the state of Louisiana or any of its agencies or political subdivisions, solely13
because of a prior criminal record, except in cases in which the applicant has been14
convicted of a felony, and such a conviction directly relates to the position of15
employment sought, or to the specific occupation, trade, or profession for which the16
license, permit, or certificate is sought.17
*          *          *18 HLS 12RS-721	ENGROSSED
HB NO. 295
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
D.(1)(a)  This Section shall not be applicable to:1
*          *          *2
(xv)  The office of financial institutions.3
*          *          *4
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Wesley Bishop	HB No. 295
Abstract: Prohibits the disqualification or ineligibility of employment in a licensed trade
or profession based solely on a prior criminal record, unless a conviction directly
relates to the position being sought. 
Present law prohibits a person from being disqualified or held ineligible to engage in a
licensed trade or profession solely because of a prior criminal record, except when the
applicant has been convicted of a felony and the conviction directly relates to the position
of employment.  Requires written reasons if an applicant is prohibited from the position of
employment based in whole or in part on the conviction of a crime.
Present law excepts the following entities; however, allows entities to adopt the policy:
(1)  Law enforcement agencies.
(2)  La. State Board of Medical Examiners.
(3)  La. State Board of Dentistry.
(4)  La. State Board of Nursing.
(5)  La. State Board of Practical Nursing Examiners.
(6)  State Racing Commission.
(7)  State Athletic Commission.
(8)  La. State Board of Pharmacy.
(9)  La. State Bar Association.
(10)  La. Professional Engineering and Land Surveying Board.
(11)  La. State Board of Architectural Examiners.
(12)  La. State Board of Private Investigator Examiners.
(13)  La. State Board of Embalmers and Funeral Directors.
(14)  La. State Board of Elementary and Secondary Education.
(15)  Office of alcohol and tobacco control of Dept. of Revenue. HLS 12RS-721	ENGROSSED
HB NO. 295
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law retains present law except deletes the reference to conviction of a felony.
Proposed law prohibits a person from being disqualified or ineligible to engage in a licensed
trade or profession solely because of a prior criminal record, except if a conviction directly
relates to the position of employment. 
Proposed law adds the office of financial institutions to those entities excepted from
proposed law.
(Amends R.S. 37:2950(A); Adds (D)(1)(a)(xv))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Commerce to the original
bill.
1. Included the office of financial institutions in the list of those entities excepted
from the provisions.