MD
Maryland House Bill HB482

Maryland 2025 Regular Session

Maryland House Bill HB482 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
55 Underlining indicates amendments to bill.
66 Strike out indicates matter stricken from the bill by amendment or deleted from the law by
77 amendment.
8- Italics indicate opposite chamber/conference committee amendments.
98 *hb0482*
109
1110 HOUSE BILL 482
12-C3, E2 (5lr1190)
13-ENROLLED BILL
14-— Economic Matters/Finance and Education, Energy, and the Environment —
15-Introduced by Delegate Harrison
16-
17-Read and Examined by Proofreaders:
18-
19-_______________________________________________
20-Proofreader.
21-_______________________________________________
22-Proofreader.
23-
24-Sealed with the Great Seal and presented to the Governor, for his approval this
25-
26-_______ day of _______________ at ________________________ o’clock, ________M.
27-
28-______________________________________________
29-Speaker.
11+C3, E2 5lr1190
12+HB 175/24 – ECM
13+By: Delegate Harrison
14+Introduced and read first time: January 20, 2025
15+Assigned to: Economic Matters
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: February 20, 2025
3019
3120 CHAPTER ______
3221
3322 AN ACT concerning 1
3423
3524 Occupational Licensing and Certification – Criminal History – 2
3625 Predetermination Review Process 3
3726
38-FOR the purpose of providing that “department” does not include the Maryland Department 4
39-of Health or the Department of Public Safety and Correctional Services for purposes 5
40-of certain provisions prohibiting a department from refusing to issue an occupational 6
41-license or certificate based on a certain conviction under certain circumstances; 7
42-establishing a predetermination review process for occupational licenses and 8
43-certificates in certain departments of State government; and generally relating to 9
44-occupational licensing and certification. 10
27+FOR the purpose of establishing a predetermination review process for occupational 4
28+licenses and certificates in certain departments of State government; and generally 5
29+relating to occupational licensing and certification. 6
4530
46-BY repealing and reenacting, with amendments, 11
47- Article – Criminal Procedure 12
48-Section 1–209 13
49- Annotated Code of Maryland 14 2 HOUSE BILL 482
31+BY repealing and reenacting, with amendments, 7
32+ Article – Criminal Procedure 8
33+Section 1–209 9
34+ Annotated Code of Maryland 10
35+ (2018 Replacement Volume and 2024 Supplement) 11
36+
37+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
38+That the Laws of Maryland read as follows: 13
39+
40+Article – Criminal Procedure 14
41+
42+1–209. 15
43+
44+ (a) (1) In this section, “department” means: 16
45+
46+ (i) the Department of Agriculture; 17
47+
48+ (ii) the Department of the Environment; 18 2 HOUSE BILL 482
5049
5150
52- (2018 Replacement Volume and 2024 Supplement) 1
5351
54- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
55-That the Laws of Maryland read as follows: 3
52+ (iii) the Maryland Department of Health; 1
5653
57-Article – Criminal Procedure 4
54+ (iv) the Department of Human Services; OR 2
5855
59-1–209. 5
56+ (v) the Maryland Department of Labor[; or 3
6057
61- (a) (1) In this section, “department” means: 6
58+ (vi) the Department of Public Safety and Correctional Services]. 4
6259
63- (i) the Department of Agriculture; 7
60+ (2) “Department” includes any unit of a department specified in paragraph 5
61+(1) of this subsection. 6
6462
65- (ii) the Department of the Environment; 8
63+ (b) This section does not apply to a person who: 7
6664
67- (iii) the Maryland Department of Health; 9
65+ (1) was previously convicted of a crime of violence, as defined in § 14–101 8
66+of the Criminal Law Article; OR 9
6867
69- (iv) the Department of Human Services; OR 10
68+ (2) IS APPLYING FOR LICE NSURE OR LICENSE REN EWAL UNDER 10
69+TITLE 11, SUBTITLE 6 OF THE FINANCIAL INSTITUTIONS ARTICLE. 11
7070
71- (v) (IV) the Maryland Department of Labor[; or 11
71+ (c) It is the policy of the State to encourage the employment of nonviolent 12
72+ex–offenders and remove barriers to their ability to demonstrate fitness for occupational 13
73+licenses or certifications required by the State. 14
7274
73- (vi) the Department of Public Safety and Correctional Services]. 12
75+ (d) Except as provided in subsection (f) of this section, a department may not deny 15
76+an occupational license or certificate to an applicant solely on the basis that the applicant 16
77+has previously been convicted of a crime, unless the department determines that: 17
7478
75- (2) “Department” includes any unit of a department specified in paragraph 13
76-(1) of this subsection. 14
79+ (1) there is a direct relationship between the applicant’s previous 18
80+conviction and the specific occupational license or certificate sought; or 19
7781
78- (b) This section does not apply to a person who: 15
82+ (2) the issuance of the license or certificate would involve an unreasonable 20
83+risk to property or to the safety or welfare of specific individuals or the general public. 21
7984
80- (1) was previously convicted of a crime of violence, as defined in § 14–101 16
81-of the Criminal Law Article; OR 17
85+ (e) In making the determination under subsection (d) of this section, the 22
86+department shall consider: 23
8287
83- (2) IS APPLYING FOR LICE NSURE OR LICENSE REN EWAL UNDER 18
84-TITLE 11, SUBTITLE 6 OF THE FINANCIAL INSTITUTIONS ARTICLE. 19
88+ (1) the policy of the State expressed in subsection (c) of this section; 24
8589
86- (c) It is the policy of the State to encourage the employment of nonviolent 20
87-ex–offenders and remove barriers to their ability to demonstrate fitness for occupational 21
88-licenses or certifications required by the State. 22
90+ (2) the specific duties and responsibilities required of a licensee or 25
91+certificate holder; 26
8992
90- (d) Except as provided in subsection (f) of this section, a department may not deny 23
91-an occupational license or certificate to an applicant solely on the basis that the applicant 24
92-has previously been convicted of a crime, unless the department determines that: 25
93-
94- (1) there is a direct relationship between the applicant’s previous 26
95-conviction and the specific occupational license or certificate sought; or 27
93+ (3) whether the applicant’s previous conviction has any impact on the 27
94+applicant’s fitness or ability to perform the duties and responsibilities authorized by the 28
95+license or certificate; 29
9696 HOUSE BILL 482 3
9797
9898
99- (2) the issuance of the license or certificate would involve an unreasonable 1
100-risk to property or to the safety or welfare of specific individuals or the general public. 2
99+ (4) the age of the applicant at the time of the conviction and the amount of 1
100+time that has elapsed since the conviction; 2
101101
102- (e) In making the determination under subsection (d) of this section, the 3
103-department shall consider: 4
102+ (5) the seriousness of the offense for which the applicant was convicted; 3
104103
105- (1) the policy of the State expressed in subsection (c) of this section; 5
104+ (6) other information provided by the applicant or on the applicant’s behalf 4
105+with regard to the applicant’s rehabilitation and good conduct; and 5
106106
107- (2) the specific duties and responsibilities required of a licensee or 6
108-certificate holder; 7
107+ (7) the legitimate interest of the department in protecting property and the 6
108+safety and welfare of specific individuals or the general public. 7
109109
110- (3) whether the applicant’s previous conviction has any impact on the 8
111-applicant’s fitness or ability to perform the duties and responsibilities authorized by the 9
112-license or certificate; 10
110+ (f) (1) (I) [This subsection does not apply to a conviction of a crime for 8
111+which registration on the sex offender registry is required under Title 11, Subtitle 7 of this 9
112+article. 10
113113
114- (4) the age of the applicant at the time of the conviction and the amount of 11
115-time that has elapsed since the conviction; 12
114+ (2) If a period of 7 years or more has passed since an applicant completed 11
115+serving the sentence for a crime, including all imprisonment, mandatory supervision, 12
116+probation, and parole, and the applicant has not been charged with another crime other 13
117+than a minor traffic violation, as defined in § 10–101 of this article, during that time, a 14
118+department may not deny an occupational license or certificate to the applicant solely on 15
119+the basis that the applicant was previously convicted of the crime.] AN INDIVIDUAL MAY 16
120+FILE A REQUEST WITH A DEPARTMENT FOR REV IEW OF THE INDIVIDUA L’S CRIMINAL 17
121+HISTORY TO DETERMINE WHETHER THE INDIVIDU AL’S CRIMINAL HISTOR Y WOULD 18
122+DISQUALIFY THE INDIV IDUAL FROM OBTAINING THE OCCUPATIONAL LIC ENSE OR 19
123+CERTIFICATE BEING SO UGHT. 20
116124
117- (5) the seriousness of the offense for which the applicant was convicted; 13
125+ (II) THE DETERMINATION OF A DEPARTMENT REGARDI NG 21
126+WHETHER THE OCCUPATI ONAL LICENSE OR CERT IFICATE WOULD BE APP ROVED OR 22
127+DENIED TO THE INDIVI DUAL REQUESTING THE PREDE TERMINATION UNDER 23
128+SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE BINDING ON TH E DEPARTMENT 24
129+UNLESS THERE IS A SU BSEQUENT DIRECT AND MATERIAL ADVERSE CHA NGE TO THE 25
130+INDIVIDUAL’S CRIMINAL HISTORY . 26
118131
119- (6) other information provided by the applicant or on the applicant’s behalf 14
120-with regard to the applicant’s rehabilitation and good conduct; and 15
132+ (III) WHEN CONDUCTING A PRE DETERMINATION REVIEW 27
133+REQUESTED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH , A DEPARTMENT 28
134+SHALL UTILIZE THE EX ISTING RESOURCES OF THE DEPARTMENT . 29
121135
122- (7) the legitimate interest of the department in protecting property and the 16
123-safety and welfare of specific individuals or the general public. 17
136+ (2) IF A DEPARTMENT DETER MINES THAT AN OCCUPA TIONAL 30
137+LICENSE OR CERTIFICA TE WOULD BE DENIED T O THE INDIVIDUAL UND ER 31
138+PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL , IF APPLICABLE, 32
139+ADVISE THE INDIVIDUA L OF ANY ACTION THAT MAY BE TAKEN BY THE INDIVIDUAL 33
140+TO REMEDY THE REASON FOR THE DISQUALIFICA TION. 34
124141
125- (f) (1) (I) [This subsection does not apply to a conviction of a crime for 18
126-which registration on the sex offender registry is required under Title 11, Subtitle 7 of this 19
127-article. 20
128-
129- (2) If a period of 7 years or more has passed since an applicant completed 21
130-serving the sentence for a crime, including all imprisonment, mandatory supervision, 22
131-probation, and parole, and the applicant has not been charged with another crime other 23
132-than a minor traffic violation, as defined in § 10–101 of this article, during that time, a 24
133-department may not deny an occupational license or certificate to the applicant solely on 25
134-the basis that the applicant was previously convicted of the crime.] 26
135-
136- (G) (1) (I) AN INDIVIDUAL MAY FIL E A REQUEST WITH A D EPARTMENT 27
137-FOR REVIEW OF THE INDIVIDUAL ’S CRIMINAL HISTORY T O DETERMINE WHETHER 28
138-THE INDIVIDUAL ’S CRIMINAL HISTORY W OULD DISQUALIFY THE INDIVIDUAL FROM 29
139-OBTAINING THE OCCUPA TIONAL LICENSE OR CE RTIFICATE BEING SOUG HT. 30
140-
141- (II) THE DETERMINATION OF A DEPARTMENT REGARDI NG 31
142-WHETHER TH E OCCUPATIONAL LICEN SE OR CERTIFICATE WO ULD BE APPROVED OR 32
143-DENIED TO THE INDIVI DUAL REQUESTING THE PREDETERMINATION UND ER 33
144-SUBPARAGRAPH (I) OF THIS PARAGRAPH SH ALL BE BINDING ON TH E DEPARTMENT 34 4 HOUSE BILL 482
142+ (3) (I) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 35
143+PREDETERMINATIO N TO THE DEPARTMENT THAT MADE A PREDETER MINATION ON 36 4 HOUSE BILL 482
145144
146145
147-UNLESS THERE IS A SU BSEQUENT DIRECT AND MATERIAL ADVERSE CHA NGE TO THE 1
148-INDIVIDUAL’S CRIMINAL HISTORY . 2
146+THE APPROVAL OR DENI AL OF AN OCCUPATIONA L LICENSE OR CERTIFI CATE UNDER 1
147+PARAGRAPH (1) OF THIS SUBSECTION T HAT INCLUDES THE COM PLETION OF ANY 2
148+RECOMMENDED REMEDIAL ACTIONS. 3
149149
150- (III) WHEN CONDUCTING A PRE DETERMINATION REVIEW 3
151-REQUESTED UNDER SUBP ARAGRAPH (I) OF THIS PARAGRAPH , A DEPARTMENT 4
152-SHALL UTILIZE THE EX ISTING RESOURCES OF THE DEPARTMENT . 5
150+ (II) AN INDIVIDUAL MAY SUB MIT A REVISED REQUEST FO R A 4
151+PREDETERMINATION UND ER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E EARLIER 5
152+OF: 6
153153
154- (2) IF A DEPARTMENT DETER MINES THAT AN OCCUPATIONAL 6
155-LICENSE OR CERTIFICA TE WOULD BE DENIED T O THE INDIVIDUAL UND ER 7
156-PARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT SHALL , IF APPLICABLE, 8
157-ADVISE THE INDIVIDUA L OF ANY ACTION THAT MAY BE TAKEN BY THE INDIVIDUAL 9
158-TO REMEDY THE REASON FOR THE DISQUALI FICATION PROVIDE THE INDIVIDU AL 10
159-WITH AN EXPLANATION FOR ITS DETERMINATIO N, INCLUDING THE BASIS UNDER 11
160-SUBSECTION (D) OF THIS SECTION. 12
154+ 1. 1 YEAR AFTER THE DATE THE INDIVIDUAL RECEI VED 7
155+THE PREDETERMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION ; OR 8
161156
162- (3) (I) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 13
163-PREDETERMINATION TO THE DEPARTMENT THAT MADE A PREDETERMINAT ION ON 14
164-THE APPROVAL OR DENI AL OF AN OCCUPATIONA L LICENSE OR CERTIFI CATE UNDER 15
165-PARAGRAPH (1) OF THIS SUBSECTION THAT INCLUDES THE CO MPLETION OF ANY 16
166-RECOMMENDED REMEDIAL ACTIONS. 17
157+ 2. ON COMPLETION OF THE REMEDIAL AC TIONS 9
158+RECOMMENDED BY THE D EPARTMENT UNDER PARA GRAPH (2) OF THIS 10
159+SUBSECTION. 11
167160
168- (II) AN INDIVIDUAL MAY SUB MIT A REVISED REQUES T FOR A 18
169-PREDETERMINATION UND ER SUBPARAGRAPH (I) OF THIS PARAGRAPH TH E EARLIER 19
170-OF: 20
161+ (4) (I) A DEPARTMENT MAY CHARG E A CRIMINAL HISTORY REVIEW 12
162+FEE TO AN INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION N OT 13
163+EXCEEDING $100. 14
171164
172- 1. 1 YEAR AFTER THE DATE THE INDIVIDUAL RECEI VED 21
173-THE PREDETERMINATION UNDER PARAGRAPH (1) OF THIS SUBSECTION ; OR 22
165+ (II) THE FEE CHARGED UNDER SUBPARAG RAPH (I) OF THIS 15
166+PARAGRAPH MAY BE WAI VED IF THE INDIVIDUA L’S INCOME IS AT OR BE LOW 300% 16
167+OF THE FEDERAL POVER TY LEVEL, AS DETERMINED BY THE DISTRICT COURT OF 17
168+MARYLAND. 18
174169
175- 2. ON COMPLETION OF THE REMEDIAL ACTIONS 23
176-RECOMMENDED BY THE D EPARTMENT UNDER PARAGRAPH (2) OF THIS SUBSECTION 24
177-IF: 25
170+ (G) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO: 19
178171
179- (I) 1 YEAR HAS PASSED SINC E THE INDIVIDUAL REC EIVED THE 26
180-PREDETERMINATION UND ER PARAGRAPH (1) OF THIS SUBSECTION ; OR 27
172+ (1) OVERRIDE, SUPERSEDE, OR INVALID ATE ANY COMPACT OR 20
173+AGREEMENT ALREADY IN PLACE WITH REGARD TO THE REGULATION OF AN Y 21
174+PROFESSION OR OCCUPA TION BY A DEPARTMENT ; OR 22
181175
182- (II) THERE IS A MATERIAL CHANGE TO THE INDIVI DUAL’S 28
183-CRIMINAL HISTORY . 29
176+ (2) SUPERSEDE THE AUTHOR ITY OF A DEPARTMENT TO REQUIRE AN 23
177+APPLICANT OR A LICEN SEE TO SUBMIT TO A C RIMINAL HISTORY RECO RDS REVIEW 24
178+IN ACCORDANCE WITH T HIS SECTION. 25
184179
185- (4) (I) A DEPARTMENT MAY CHARGE A CRIMINA L HISTORY REVIEW 30
186-FEE TO AN INDIVIDUAL TO CONDUCT A REVIEW UNDER THIS SECTION N OT 31
187-EXCEEDING $100. 32
188-
189- (II) THE FEE CHARGED UNDER SUBPARAGRAPH (I) OF THIS 33
190-PARAGRAPH MAY BE WAI VED IF THE INDIVIDUA L’S INCOME IS AT OR BE LOW 300% 34 HOUSE BILL 482 5
191-
192-
193-OF THE FEDER AL POVERTY LEVEL , AS DETERMINED BY THE DISTRICT COURT OF 1
194-MARYLAND. 2
195-
196- (G) (H) NOTHING IN THIS SECTI ON MAY BE CONSTRUED TO: 3
197-
198- (1) OVERRIDE, SUPERSEDE, OR INVALIDATE ANY CO MPACT OR 4
199-AGREEMENT ALREADY IN PLACE WITH REGARD TO THE REGULATION OF AN Y 5
200-PROFESSION OR OCCUPATION BY A DEPA RTMENT; OR 6
201-
202- (2) SUPERSEDE THE AUTHOR ITY OF A DEPARTMENT TO REQUIRE AN 7
203-APPLICANT OR A LICEN SEE TO SUBMIT TO A C RIMINAL HISTORY RECO RDS REVIEW 8
204-IN ACCORDANCE WITH T HIS SECTION. 9
205-
206- SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2027, 10
207-the Department of Agriculture, the Department of the Environment, the Department of 11
208-Human Services, and the Maryland Department of Labor shall each report to the Senate 12
209-Finance Committee and the House Economic Matters Committee, in accordance with § 13
210-2–1257 of the State Government Article, on the implementation of Section 1 of this Act, 14
211-including the number of predetermination requests conducted and the costs associated with 15
212-implementation. 16
213-
214- SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
215-October 1, 2025 July 1, 2025. It shall remain effective for a period of 3 years and, at the end 18
216-of June 30, 2028, this Act, with no further action required by the General Assembly, shall be 19
217-abrogated and of no further force and effect. 20
180+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 26
181+October 1, 2025. 27
218182
219183
220184
221-Approved:
222-________________________________________________________________________________
223- Governor.
224-________________________________________________________________________________
225- Speaker of the House of Delegates.
226-________________________________________________________________________________
227- President of the Senate.