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.
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.
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 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)