Oklahoma 2024 Regular Session

Oklahoma House Bill HB3634 Compare Versions

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1		-	An Act
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	30	+	April 8, 2024
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3	34		BILL NO. 3634 By: McDugle of the House
4	35
5	36		and
6	37
7	38		Coleman of the Senate
8		-
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14	43		An Act relating to professions and occupations ;
15	44		amending 59 O.S. 2021, Section 4000.1, as amended by
16	45		Section 1, Chapter 279, O. S.L. 2022 (59 O.S. Supp.
17	46		2023, Section 4000.1), which relates to requirements
18	47		for reinstating occupational licenses; adding certain
19	48		boards of examiners to exemptions; and providing an
20	49		effective date.
21	50
22	51
23	52
24		-
25		-	SUBJECT: Professions and occupations
26		-
27	53		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
28		-
29	54		SECTION 1. AMENDATORY 59 O.S. 2021, Section 4000.1, as
30	55		amended by Section 1, Chapter 279, O.S.L. 2022 (59 O.S. Supp. 2023,
31	56		Section 4000.1), is amended to read as follows:
32		-
33	57		Section 4000.1 A. As used in this section:
34		-
35	58		1. "Substantially relate" means the nature of the criminal
36	59		conduct for which the person was convicted has a direct bearing on
37	60		the fitness or ability to perform one or more of the duties or
38	61		responsibilities neces sarily related to the occupation; and
39		-
40	62		2. "Pose a reasonable threat" means the nature of the criminal
41	63		conduct for which the person was convicted involved an act or threat
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42	91		of harm against another and has a bearing on the fitness or ability
43	92		to serve the public or work with others in the occupation.
44		-
45	93		B. Notwithstanding any other provision of law, a conviction,
46		-	plea of guilty or nolo contendere, or pending criminal charge of a ~~ENR. H. B. NO. 3634 Page 2~~
	94	+	plea of guilty or nolo contendere, or pending criminal charge of a
47	95		crime may be grounds for the denial of an applicant for a state
48	96		license or state cert ification to practice an occupation only if the
49	97		underlying offense substantially relates to the duties and
50	98		responsibilities of the occupation and poses a reasonable threat to
51	99		public safety, health, or welfare. When making a determination
52	100		pursuant to this subsection, a licensing or certification authority
53	101		shall consider:
54		-
55	102		1. The nature and seriousness of the offense;
56		-
57	103		2. The amount of time that has passed since the offense;
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59	104		3. The age of the person at the time the offense was committed;
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61	105		4. Evidence relevant to the circumstances of the offense
62	106		including any aggravating or mitigating circumstances of social
63	107		conditions surrounding the commission of the offense;
64		-
65	108		5. The nature of the specific duties and responsibilities for
66	109		which the license or certification is required; and
67		-
68	110		6. Any evidence of rehabilitation submit ted by the applicant
69	111		including, but not limited to, evidence related to the person 's
70	112		compliance with any conditions of community supervision, parole, or
71	113		mandatory supervision, the conduct and work ac tivity of the person,
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72	141		programming, or treatment undertake n by the person, and testimonials
73	142		or personal reference statements.
74		-
75	143		C. Notwithstanding any other provision of law, a licensing or
76	144		certification authority shall not deny a state license or state
77	145		certification to practice an occupation due to:
78		-
79	146		1. An arrest that was not followed by a valid plea of guilty or
80	147		nolo contendere unless charges are currently pending;
81		-
82	148		2. A conviction that has been sealed, or expunged;
83		-
84	149		3. A conviction or plea of guilty or nol o contendere for which
85	150		more than five (5) years have elap sed since the date of conviction,
86	151		plea, or release from incarceration, whichever is later, so long as
87	152		the person has not been convicted of a new crime. This paragraph
88	153		shall not apply to any conviction or plea of guilty or nolo
89	154		contendere for:
90		-	ENR. H. B. NO. 3634 Page 3
91	155		a. an offense enumerated in Section 571 of Title 57 of
92	156		the Oklahoma Statutes,
93		-
94	157		b. a felony involving domestic assault, domestic assault
95	158		and battery, or domestic abuse as defined in Section
96	159		644 of Title 21 of the Oklahoma Statutes,
97		-
98	160		c. an offense that would require regis tration as a sex
99	161		offender pursuant to the Sex Offenders Registration
100	162		Act, or
101		-
102	163		d. any equivalent law enumerated in this paragraph from
103	164		another jurisdiction; or
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104	191
105	192		4. A finding that an applicant lacks good character or fails to
106	193		meet any other similarly vague st andard where a criminal conviction
107	194		is the basis for the finding.
108		-
109	195		D. Before a state licensing or state certification authority
110	196		makes a final determination that a criminal conviction, plea of
111	197		guilty or nolo contendere, or pending criminal charge may disqual ify
112	198		an applicant for licensure, that authority shall provide written
113	199		notice of:
114		-
115	200		1. The specific offense that is the basis for the intended
116	201		denial;
117		-
118	202		2. The reasons the offense was determined to substantially
119	203		relate to the duties and responsibilities of the occupation and
120	204		posed a reasonable threat to public safety, health, or welfare,
121	205		including findings for each of the factors in subsection B of this
122	206		section that the licensing or certification authorit y deemed
123	207		relevant to the determination; and
124		-
125	208		3. The right to submit additional evidence relevant to each of
126	209		the factors listed in subsection B of this section within thirty
127	210		(30) days, which the licensing or certification authority shall
128	211		consider before issuing a final determination.
129		-
130	212		E. A final determination tha t a criminal conviction, plea of
131	213		guilty or nolo contendere, or pending criminal charge may prevent a
132	214		person from receiving a license shall be in writing and include
133	215		notice of the right to appeal the determination pursuant to the
134		-	Administrative Procedures Act, or a more specific statutory ENR. H. B. NO. 3634 Page 4
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	243	+	Administrative Procedures A ct, or a more specific statutory
135	244		authority, and notice of the earliest date the applicant may reapply
136	245		for a license.
137		-
138	246		F. A person with a criminal history record may request a
139	247		determination of whether his or her criminal history record may
140	248		disqualify him or her from obtaining the desired license or
141	249		certification in the occupation from a state licensing or state
142	250		certification authority at any time, including before obtaining any
143	251		required education or tr aining for such occupation. The request
144	252		shall be in writing and shall include either a copy of the person 's
145	253		criminal history record with explanation of each conviction
146	254		mentioned in the criminal history record or a statement describing
147	255		each criminal conviction including the date of each conviction, the
148	256		court of jurisdiction and the sentence imposed. The person may
149	257		include a statement with his or her request describing additional
150	258		information for consideration by the licensing or certification
151	259		authority including, but not limited to, information relevant to any
152	260		of the factors for consideration described in subsection B of this
153	261		section.
154		-
155	262		G. Upon receipt of a written request for consideration of a
156	263		criminal history record for an occupation as provided in subsection
157	264		F of this section, the licensing or certification aut hority shall
158	265		evaluate the request and make a determination based upon the
159	266		information provided in such request whether the stated conviction
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160	294		is a disqualifying offense for the occupation. A notice o f the
161	295		determination shall be issued to the petitioner wit hin sixty (60)
162	296		days from the date such request was received by the licensing or
163	297		certification authority, except however, a licensing or
164	298		certification authority regulating fifty thousand or more members in
165	299		its occupation shall be allowed ninety (90) days to make its initial
166	300		determination and issue notice to the requestor.
167		-
168	301		H. A determination made pursuant to subsection F of this
169	302		subsection that a person may not be disqualified for licensure or
170	303		certification due to criminal history shall be binding upon a
171	304		licensing or certification authority unless, at the time a full
172	305		application for a license is submitted, the applicant has
173	306		subsequently pled guilty or nolo contendere to a crime, has pending
174	307		criminal charges, or has previously undisclosed criminal
175	308		convictions.
176		-
177	309		I. The notice of a determination made pursuant to subsection F
178		-	of this section shall be in writing and mailed to the ~~requ estor~~ at ~~ENR. H. B. NO. 3634 Page 5~~
	310	+	of this section shall be in writing and mailed to the requestor at
179	311		the address provided in his or her request, and shall contain the
180	312		following statements:
181		-
182	313		1. Whether the person is eligible f or licensure or
183	314		certification in the occupation at the current time based upon the
184	315		information submitted by the requestor;
185		-
186	316		2. Whether there is a disqualifying offense that would
187	317		disqualify the person from engaging in the occupation at the current
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188	345		time and a statement identifying such offense in the criminal
189	346		history record or information submitted for consideration;
190		-
191	347		3. Any actions the person may take to remedy a
192	348		disqualification, if any;
193		-
194	349		4. The earliest date the person may submit another request for
195	350		consideration, if any; and
196		-
197	351		5. A statement that the determination may be rescinded if, at
198	352		the time a full application for a license is submitted, the
199	353		applicant has subsequently pled guilty or nolo contendere to a
200	354		crime, has pending criminal charges, or has prev iously undisclosed
201	355		criminal convictions.
202		-
203	356		J. A state entity charged with oversight of an occupational
204	357		license or certification may promulgate forms for requests for
205	358		determinations for the occupation as authorized in subsection F of
206	359		this section. Each stat e licensing or certification authority may
207	360		charge a fee not to exceed Ninety -five Dollars ($95.00) for each
208	361		initial determination of eligibility it makes for the occupation
209	362		based upon the information provided by the requestor.
210		-
211	363		K. Each state licensing or s tate certification authority shall
212	364		include in its application for a license or certification and
213	365		publish on its public website the following information:
214		-
215	366		1. Whether the criminal offenses of applican ts may be used as a
216	367		basis for denial;
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217	394
218	395		2. If criminal history may be used as a basis for denial as
219	396		listed in subsection B of this section, which offenses the licensing
220	397		or certification authority shall consider; and
221		-
222	398		3. Notice of the right to request a determination pursuant to
223		-	subsection F of this section. ENR. H. B. NO. 3634 Page 6
224		-
	399	+	subsection F of this section.
225	400		L. Each state licensing or state certification authority
226	401		authorized to consider the criminal conviction of an applicant shall
227	402		annually provide to the Legislature, and publish on its public
228	403		website, the following:
229		-
230	404		1. The number of license applications received ;
231		-
232	405		2. The number of applications that resulted in a license being
233	406		granted;
234		-
235	407		3. The number of applications that resulted in a license being
236	408		denied;
237		-
238	409		4. The number of applications that were denied due to criminal
239	410		history;
240		-
241	411		5. A list of criminal offenses repo rted by individuals who were
242	412		granted a license;
243		-
244	413		6. A list of criminal offenses reported by individuals who were
245	414		denied a license due to criminal history along with the time elapsed
246	415		since the commission of the offense; and
247		-
248	416		7. The number of petitions recei ved by the licensing or
249	417		certification authority pursuant to subsection F of this section.
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250	444
251	445		M. The provisions of this section shall not be construed to
252	446		apply to the Council on Law Enforcement Education and Training, the
253	447		Bail Bonds Division of the Oklahoma I nsurance Department, the State
254	448		Board of Education, the boards of examiners which are established in
255	449		Title 20 of the Oklahoma Statutes, or individuals applying to these
256	450		authorities for licensure or ce rtification.
257		-
258	451		SECTION 2. This act shall become effective November 1, 2024.
259		-	ENR. H. B. NO. 3634 Page 7
260		-	Passed the House of Representatives the 4th day of March, 2024.
261		-
262		-
263		-
264		-
265		-	Presiding Officer of the House
266		-	of Representatives
267		-
268		-
269		-	Passed the Senate the 16th day of April, 2024.
270		-
271		-
272		-
273		-
274		-	Presiding Officer of the Senate
275		-
276		-
277		-	OFFICE OF THE GOVERNOR
278		-	Received by the Office of the Governor this ____________________
279		-	day of ___________________, 20_______, at _______ o'clock _______ M.
280		-	By: _________________________________
281		-	Approved by the Governor of the State of Oklahoma this _____ ____
282		-	day of ___________________, 20_______, at _______ o'clock _______ M.
283		-
284		-
285		-	_________________________________
286		-	Governor of the State of Oklahoma
287		-
288		-	OFFICE OF THE SECRETARY OF STATE
289		-	Received by the Office of the Secretary of State this __________
290		-	day of ___________________, 20_______, at _______ o'clock _______ M.
291		-	By: _________________________________
292		-
	452	+	COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
	453	+	April 8, 2024 - DO PASS