HB4357 HFLR Page 1
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 4357 By: Hill
COMMITTEE SUBSTITUTE
An Act relating to occupational licensing; creating
Provisional License for Ex-Offenders Act; allowing
for the issuance of a provisional license or license
to an applicant with prior offenses; providing a time
frame that a provisional license is valid; allowing
occupational licensing authority to revoke
provisional license under certain circumstances;
allowing for occupational licensing authority to
issue a license to applicant after expiration of
provisional license under certain conditions;
preventing a provisional licensee from obtaining
another license if revoked; allowing for licensing
agency to use discretion for additional license
issuance; requiring applicant to inform occupational
licensing authority of community supervision;
requiring notice by the authority to probation or
parole department of provisional license issuance;
requiring notice by probation, parole department, or
court to notify agency of revocation of community
supervision or further charges of licensee; providing
for condition on provisional license if applicant
committed certain offense; allowing exception for
condition under certain conditions; allowing
licensing agency to use further discretion for
license issuance or time limitations; providing
exceptions; providing for codification; and p roviding
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
HB4357 HFLR Page 2
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4300 of Title 59, unless there
is created a duplication in numbe ring, reads as follows:
This act shall be known and may be cited as the "Provisional
License for Ex-Offenders Act".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statu tes as Section 4300.1 of Title 59, unless there
is created a duplication in n umbering, reads as follows:
A. Notwithstanding any other provision of law, and unless the
applicant has been convicted of an offense described in Section 3 of
this act, an occupational licensing authority shall issue t o an
otherwise qualified applicant wh o has been convicted of an offense
a:
1. License for which the applicant applied; or
2. Provisional license.
B. The provisional license shall be valid for terms ranging
between ninety (90) days and one (1) year, as specified by the rules
or the authority.
C. The occupational licensing authority may revoke a
provisional license if the provisional licensee:
1. Commits a new offense;
2. Commits an act or omission that causes the person 's
community supervision, mandatory supervision, or parole to be
revoked, if appliable; or
HB4357 HFLR Page 3
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Violates the law or rules governing the practice of the
occupation for which the provisio nal license is issued.
D. The occupational licensing authority shall issue the license
for which the applicant originally applied as a provisional licensee
on the expiration date of the provisional license term if the
provisional licensee does not violate the provisions of subsection C
of this section.
E. If the occupational licensing authority revokes a
provisional license due to violations of subsection C of this
section, the provisional licensee is not entitled to receive another
provisional license or a regular license for which the applicant
originally applied, even if otherwise qualified. The ability of
such a person to subsequently obtain another such license in the
future is within the discretion of the occupational licensing
authority.
F. An applicant who is on community supervision and who i s
issued a provisional lice nse under this section shall provide to the
occupational licensing authority the name and contact information of
the probation or parole department to which the applicant reports.
The occupational licensing authority shall notify the probation or
parole department that a provisional license has been issued to the
applicant. The probation or parole department shall notify the
occupational licensing authority if the person's community
supervision is revoked during the term of the provisional licensing.
HB4357 HFLR Page 4
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
The court shall also notify the issuing authority if the person is
charged with a new offense.
G. If the applicant was convicted of an offense that involved
robbery, residential burglary, or a home invasion of any kind within
the last ten (10) years and, if the occupation involved requires a
licensee to enter private residences regularly, the provisional
license shall include a condition that the licensee work under the
accompanying supervision of another licensed in dividual without a
criminal record during home visits and the supervising individual
shall sign a verifying affidavit. If the offense occurred more than
ten (10) years prior to the issuance o f a provisional license, the
authority shall use its own discretion on requiring a supervision
condition with its license. The regular license may include this
supervision condition if the authority determines the condition is
warranted. The authority may conduct reasonable enforcement
activities to ensure this supervision condition is complied with
over the course of the license term.
H. Nothing herein shall be implicitly interpreted to preclude
an authority from exercising its existing discretion to issue a
license to individuals not covered in this section, except where
precluded by existing law.
I. The occupational licensing authority may set a time
limitation of not more than two (2) years since an applicant's last
conviction; provided, that if the person is incarcerated, the person
HB4357 HFLR Page 5
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
may be denied a provisional license even if the waiting period has
elapsed.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 4300.2 of Title 59, unless there
is created a duplication in numbering, reads as follows:
A. This act shall not apply to :
1. Persons convicted of homicide, an aggravated violent felony,
a felony sex offense, or kidnapping;
2. Persons convicted of an offense involving fraud if the
licensed occupation is one in which the licensee owes a fiduciary
duty to a client;
3. Any occupation where the licensee would be supervising a
minor or an individual lacks the mental capacity to provide informed
consent without another licensee in the same room at all times; or
4. Any initial or renewal license application where the
applicant was convicted of committing an off ense in the course of
performing the duties of the occupation or a substantially similar
occupation.
B. If the occupational licensing authority deems another
exemption, not provided in this section, necessary in a specific
case to protect the public from clear and imm inent danger, the
authority may seek declaratory relief in district court through
judicial order finding that the applicant should not be issued a
regular or provisional license .
HB4357 HFLR Page 6
BOLD FACE denotes Committee Amendments. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes a s Section 4300.3 of Title 59, unless there
is created a duplication in numbering, reads as follows:
Nothing in this act shall be construed to:
1. Require an employer or cons umer to employ or contract with a
worker who is not licensed or state certified;
2. Preempt federal regulations; or
3. Require a private certification organization to grant or
deny private certification to any individual.
SECTION 5. This act shall become effective November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON RULES, dat ed 03/03/2022 - DO PASS,
As Amended.