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Regular Session, 2014
HOUSE BILL NO. 1273 (Substitute for House Bill No. 911 by Representative Leger)
BY REPRESENTATIVE LEGER
LICENSIN: Provides relative to the issuance of provisional licenses to ex-offenders in order
to work in certain fields
AN ACT1
To enact Chapter 1-B of Title 37 of the Louisiana Revised Statutes of 1950, to be comprised2
of R.S. 37:31 through 36, relative to licenses to engage in certain fields of work for3
persons convicted of certain offenses; to permit persons convicted of certain offenses4
to apply for and hold provisional and regular licenses to engage in certain fields of5
work; to provide for exceptions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Chapter 1-B of Title 37 of the Louisiana Revised Statutes of 1950,8
comprised of R.S. 37:31 through 36, is hereby enacted to read as follows: 9
CHAPTER 1-B. PROVISIONAL LICENSES FOR EX-OFFENDERS10
§31. Short title11
This Chapter shall be known and may be cited as the "Provisional Licenses12
for Ex-Offenders Act".13
§32. Issuance of licenses to ex-offenders14
Notwithstanding any provision of law or rule adopted and promulgated by15
any state department, agency, board, commission, or authority to the contrary, an16
entity issuing licenses, except for those listed in R.S. 37:36(E), for persons to engage17
in certain fields of work pursuant to state law shall issue either of the following to18
an otherwise qualified applicant who has been convicted of an offense or offenses,19
except those described in R.S. 37:36(A) through (C):20 HLS 14RS-3485 ENGROSSED
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(1) The license for which the applicant applied if the applicant meets all1
other requirements of the licensing qualifications except those pertaining to former2
offenses.3
(2) A provisional license for which the applicant applied if the applicant4
meets all other requirements of the licensing qualifications except those pertaining5
to former offenses (herein referred to as "applicant" or "holder").6
§33. Provisional license; issuance; term; probation or parole7
A.(1) An ex-offender may apply to any entity issuing licenses to engage in8
certain fields of work pursuant to state law for a provisional license to engage in the9
particular field of work for which the entity issues licenses.10
(2) The licensing entity shall issue the provisional license for which the11
applicant applied.12
B. The licensing entity issuing the provisional license shall determine the13
term for which the provisional license shall be valid; however, in no event shall a14
provisional license issued pursuant to this Chapter be valid for fewer than ninety15
days or more than three hundred sixty days.16
C. The licensing entity may require up to two years to have passed since an17
applicant's last conviction or release from incarceration in order for the applicant to18
qualify for the provisional license.19
D.(1) An applicant who is on community supervision and who is issued a20
provisional license pursuant to this Chapter shall provide the licensing entity the21
name and contact information of the person at the Department of Public Safety and22
Corrections, division of probation or parole, to whom he reports. If the applicant23
reports to the probation or parole department of another state, he shall provide the24
licensing entity the name and contact information of the person at that particular25
department to whom he reports.26
(2) The licensing entity shall notify the probation or parole division or27
department and court in which the holder's offense was adjudicated that a provisional28
license has been issued to the applicant.29 HLS 14RS-3485 ENGROSSED
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§34. Provisional license; revocation1
A. The licensing entity may revoke the provisional license issued pursuant2
to this Chapter if the holder commits any of the following:3
(1) A new offense.4
(2) An act or omission that causes the holder of a provisional license5
community supervision, mandatory supervision, or parole to be revoked.6
(3) A violation of law or rules governing the practice of the field of work for7
which the provisional license was issued.8
B. A probation or parole department or division shall notify the licensing9
entity if the community supervision of the holder of a provisional license is revoked.10
C. A court shall notify the licensing entity if the holder of the provisional11
license is charged with a new offense.12
D. If a licensing entity revokes a provisional license pursuant to this Section:13
(1) The holder shall not be entitled to receive another provisional license or14
regular license for which the applicant originally applied, even if otherwise qualified.15
(2) The ability of the holder to subsequently obtain another provisional16
license from another licensing entity in the future is within the sole discretion of the17
issuing entity.18
§35. Regular license; issuance19
A. A licensing entity shall issue the regular license for which the provisional20
license was issued on the expiration of the provisional license term if the holder of21
the provisional license does not commit acts described in R.S. 37:34(A).22
B. Nothing in this Chapter shall be implicitly interpreted to preclude an23
entity from exercising its existing discretion to issue a license to individuals not24
covered under this Chapter, except where precluded by another law.25
§36. Exemptions; prohibitions26
A. A licensing entity shall not be required to issue a provisional license to27
any person convicted of any of the following:28
(1) R.S. 14:20, Justifiable homicide.29 HLS 14RS-3485 ENGROSSED
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(2) Any grade of homicide enumerated in R.S. 14:29, Homicide.1
(3) A "crime of violence" as enumerated in R.S. 14:2(B).2
(4) A "sex offense" as defined by R.S. 15:541.3
B. A licensing entity shall not be required to issue a provisional license to4
any person convicted of an offense involving fraud if the licensed field of work is5
one in which the licensee owes a fiduciary duty to a client.6
C. A licensing entity shall not be required to issue a provisional license to7
an applicant whose conviction directly relates to the position of employment sought,8
or to the specific field for which the license is required, or profession for which the9
provisional license is sought.10
D. A provisional license holder who supervises children or individuals who11
lack mental capacity shall not do so without another licensee in the room at all times.12
E.(1) This Chapter shall not apply to the following licensing entities:13
(a) Any law enforcement agency.14
(b) The Louisiana State Board of Medical Examiners.15
(c) The Louisiana State Board of Dentistry.16
(d) The Louisiana State Board of Nursing.17
(e) The Louisiana State Board of Practical Nurse Examiners.18
(f) The State Racing Commission.19
(g) The State Athletic Commission.20
(h) The Louisiana State Board of Pharmacy.21
(i) The Louisiana State Supreme Court.22
(j) The Louisiana Professional Engineering and Land Surveying Board.23
(k) The Louisiana State Board of Architectural Examiners.24
(l) The Louisiana State Board of Private Investigator Examiners.25
(m) The Louisiana State Board of Embalmers and Funeral Directors.26
(n) The Louisiana State Board of Elementary and Secondary Education.27
(o) The Office of Financial Institutions.28
(p) The Louisiana Physical Therapy Board.29 HLS 14RS-3485 ENGROSSED
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(q) The Louisiana Board of Massage Therapy.1
(r) The office of alcohol and tobacco control of the Department of Revenue.2
(2) Nothing in this Subsection shall be construed to preclude the licensing3
entity, in its discretion, from adopting the provisions of this Chapter as policies or4
administrative rules.5
F. If a licensing entity believes that another exemption not provided herein6
is necessary in a specific case to protect the public from a clear and imminent7
danger, the entity may seek declaratory relief in district court through a judicial order8
finding that the applicant shall not be issued a provisional or regular license because9
it would pose such a danger.10
Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
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)]
Leger HB No. 1273
Abstract: Requires certain state entities issuing licenses to persons to work in certain fields
to issue provisional licenses to certain ex-offenders and full license privileges upon
certain conditions.
Proposed law provides that an entity, with certain exceptions, issuing licenses for persons
to engage in certain fields of work pursuant to state law shall issue either a full license or a
provisional license to an otherwise qualified applicant who has been convicted of a certain
offense or offenses.
Proposed law provides that the licensing entity issuing a provisional license shall determine
the term for which the provisional license shall be valid; however, in no event shall a
provisional license issued pursuant to proposed law be valid for fewer than 90 days or more
than 360 days.
Proposed law provides that the licensing entity may require up to two years to have passed
since an applicant's last conviction or release from incarceration in order for the applicant
to qualify for the provisional license. HLS 14RS-3485 ENGROSSED
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Proposed law provides that an ex-offender who is on community supervision and who is
issued a provisional license pursuant to proposed law shall provide the licensing entity the
name and contact information of the probation or parole department to which he reports.
Proposed law provides that the licensing entity shall notify the probation or parole
department and court in which the holder's offense was adjudicated that a provisional license
has been issued to the ex-offender.
Proposed law provides that the licensing entity may revoke the provisional license issued
pursuant to proposed law if the holder commits any of the following:
(1)A new offense.
(2)An act or omission that causes the provisional license holder's community
supervision, mandatory supervision, or parole to be revoked.
(3)A violation of law or rules governing the practice of the field of work for which the
provisional license was issued.
Proposed law provides that a probation or parole department or division shall notify the
licensing entity if the community supervision of the person holding a provisional license is
revoked.
Proposed law provides that a court shall notify the licensing entity if the person holding a
provisional license is charged with a new offense.
Proposed law provides that if a licensing entity revokes a provisional license pursuant to
proposed law:
(1)The provisional license holder shall not be entitled to receive another provisional
license or regular license for which the applicant originally applied, even if otherwise
qualified.
(2)The ability of the provisional license holder to subsequently obtain another
provisional license from another licensing entity in the future is within the sole
discretion of the issuing agency.
Proposed law provides that a licensing entity shall issue the regular license for which the
provisional license was issued on the expiration of the provisional license term if the holder
of the provisional license does not commit a new offense, an act or omission that causes the
provisional license holder's community supervision, mandatory supervision, or parole to be
revoked, or a violation of law or rules governing the practice of the field of work for which
the provisional license was issued.
Proposed law provides that nothing in proposed law shall be implicitly interpreted to
preclude an agency from exercising its existing discretion to issue a license to individuals
not covered under proposed law, except where precluded by another law.
Proposed law provides that a licensing entity shall not be required to issue a provisional
license to a person convicted of any of the following offenses :
(1)R.S. 14:20, Justifiable homicide.
(2)Any grade of homicide enumerated in R.S. 14:29, Homicide.
(3)A "crime of violence" as enumerated in R.S. 14:2(B).
(4)A "sex offense" as defined by R.S. 15:541. HLS 14RS-3485 ENGROSSED
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Proposed law provides that a licensing entity shall not be required to issue a provisional
license to a person convicted of an offense involving fraud if the licensed field of work is
one in which the licensee owes a fiduciary duty to a client.
Proposed law provides that a licensing entity shall not be required to issue a provisional
license to a person whose conviction directly relates to the position of employment sought,
or to the specific field for which the license is required, or profession for which the
provisional license is sought.
Proposed law provides that a provisional license holder who supervises children or
individuals who lack mental capacity shall not do so without another licensee in the room
at all times.
Proposed law shall not apply to the following licensing entities:
(1)Any law enforcement agency.
(2)The Louisiana State Board of Medical Examiners.
(3)The Louisiana State Board of Dentistry.
(4)The Louisiana State Board of Nursing.
(5)The Louisiana State Board of Practical Nurse Examiners.
(6)The State Racing Commission.
(7)The State Athletic Commission.
(8)The Louisiana State Board of Pharmacy.
(9)The Louisiana State Supreme Court.
(10)The Louisiana Professional Engineering and Land Surveying Board.
(11)The Louisiana State Board of Architectural Examiners.
(12)The Louisiana State Board of Private Investigator Examiners.
(13)The Louisiana State Board of Embalmers and Funeral Directors.
(14)The Louisiana State Board of Elementary and Secondary Education.
(15)The Office of Financial Institutions.
(16)The Louisiana Physical Therapy Board.
(17)The Louisiana Board of Massage Therapy.
(18)The office of alcohol and tobacco control of the Department of Revenue.
Proposed law provides that nothing in proposed law shall be construed to preclude the
exempted licensing entities, in their discretion, from adopting the provisions of proposed law
as policies or administrative rules.
Proposed law provides that if a licensing entity believes that another exemption not provided
in proposed law is necessary in a specific case to protect the public from a clear and
imminent danger, the entity may seek declaratory relief in district court through a judicial HLS 14RS-3485 ENGROSSED
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order finding that the applicant should not be issued a provisional or regular license because
it would pose such a danger.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 37:31-36)