Senate Bill Report HB 1399 (March 17, 2021)

Summary

A Senate Bill Report on HB 1399, an act relating to reducing barriers to professional licensure for individuals with previous criminal convictions, as of March 17, 2021, prepared for the Senate Committee on Business, Financial Services & Trade. The report records that the bill passed the House 98-0 on 3/1/21 and lists committee activity for 3/18/21. Its background describes professional licensing by the Department of Licensing and the certificate of restoration of opportunity. The summary of the bill states that an individual could file a preliminary application for a determination of whether a conviction is disqualifying, with a fee not to exceed $100, a written decision within six months and a two-year wait before refiling. The report gives an effective date of January 1, 2022.

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Full text

                            SENATE BILL REPORT
                                  HB 1399

                                      As of March 17, 2021

Title: An act relating to reducing barriers to professional licensure for individuals with previous
     criminal convictions.

Brief Description: Reducing barriers to professional licensure for individuals with previous
     criminal convictions.

Sponsors: Representatives Vick, Kirby, Jacobsen, Simmons, Dufault, Dolan and Young.

Brief History: Passed House: 3/1/21, 98-0.
     Committee Activity: Business, Financial Services & Trade: 3/18/21.


                                     Brief Summary of Bill
           • Creates a process for a person with a criminal conviction to request a
             determination of whether that criminal history is disqualifying for
             obtaining a professional license administered by the Department of
             Licensing.


SENATE COMMITTEE ON BUSINESS, FINANCIAL SERVICES & TRADE

     Staff: Clinton McCarthy (786-7319)

     Background: Professional Licensing. The Department of Licensing (DOL) regulates a
     number of businesses and professions. For regulated professions, DOL issues licenses and
     ensures compliance with professional standards and laws. Examples of professions
     regulated directly by DOL, or in coordination with a board or commission, include:
        • architects;
        • cosmetologists;
        • funeral directors;
        • real estate brokers; and
        • security guards.



     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

Senate Bill Report                              -1-                                         HB 1399
     Requirements for a professional license, certificate, registration, or permit vary
     considerably. Some professions may require:
        • college-level coursework;
        • experience;
        • an examination;
        • a background check;
        • a surety bond, insurance, or other minimum financial standards;
        • minimum safety standards;
        • continuing education for licensees; or
        • duties of care for clients.

     Many professions have provisions for some form of reciprocity or consideration of
     experience from other states or military service. DOL and other licensing authorities must
     expedite issuance of a broad range of professional licenses, certificates, registrations, or
     permits for qualified military spouses.

     Certificate of Restoration of Opportunity. A person with a criminal record may be eligible
     to obtain a certificate of restoration of opportunity (CROP) from a superior court. To be
     eligible, specific time periods must have passed since sentencing, supervision, or release
     from confinement, and an applicant must be in compliance with or completed all sentencing
     requirements, including legal financial obligations.

     An applicant with any new arrests, convictions, or pending criminal charges or known
     imminent charges, or who is required to register as a sex offender, is not eligible for a
     CROP. An applicant is not eligible if convicted of any of the following: a class A felony,
     an attempt to commit a class A felony, or criminal solicitation of or criminal conspiracy to
     commit a class A felony; a sex offense; a crime that includes sexual motivation; extortion in
     the first degree; drive-by shooting; vehicular assault; or luring.

     When a qualified applicant holds a CROP and meets all other statutory or regulatory
     requirements, a licensing authority may not refuse a license, certificate of authority, or
     qualification to engage in the practice of any profession or business solely based on the
     applicant's criminal history.

     Certain professional licenses are not covered by a CROP, including the following
     professions regulated by DOL: accountants, bail bond agents, escrow agents, private
     investigators, security guards, notaries public, and real estate brokers and salespersons.

     Summary of Bill: An individual with a criminal conviction may submit a preliminary
     application to DOL, or a board or commission supported by DOL, for a determination of
     whether that criminal history will disqualify the individual from obtaining a professional
     license. The individual may submit the preliminary application at any time, including
     before obtaining any required education or paying any licensing fee. DOL may charge a fee


Senate Bill Report                             -2-                                       HB 1399
     not to exceed $100 for each preliminary application filed.

     Once the preliminary application has been received, the licensing authority must determine
     whether the individual's criminal conviction would disqualify the person from obtaining a
     professional license. The licensing authority may disqualify the individual if it determines
     the individual's criminal conviction is related to the profession. The determination must be
     made in writing within six months after receiving a preliminary application. An individual
     may appeal the determination to the licensing authority. A person may not file another
     preliminary application with the same licensing authority within two years after the final
     decision on the previous preliminary application, except when the applicant has taken action
     to remedy the disqualification.

     A criminal conviction may not disqualify an individual from obtaining a professional
     license in any instance where the individual has requested and received a CROP.

     Appropriation: None.

     Fiscal Note: Available.

     Creates Committee/Commission/Task Force that includes Legislative members: No.

     Effective Date: The bill takes effect on January 1, 2022.




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