House Bill 1399 - Reducing barriers to professional licensure (State of Washington, 2021 Regular Session)

Summary

House Bill 1399, State of Washington, 67th Legislature, 2021 Regular Session, by Representatives Vick, Kirby, Jacobsen, Simmons, Dufault, Dolan, and Young, read first time January 27, 2021 and referred to the Committee on Consumer Protection & Business. The bill relates to reducing barriers to professional licensure for individuals with previous criminal convictions and adds a new chapter to Title 18 RCW. It allows an individual with a criminal conviction to submit a preliminary application to a licensing authority, which must issue a written determination within six months after receiving it. A licensing authority may charge a fee not to exceed $100 for each preliminary application. The act takes effect January 1, 2022.

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Full text

     H-0225.3

                                HOUSE BILL 1399


     State of Washington       67th Legislature           2021 Regular Session

     By Representatives Vick, Kirby, Jacobsen, Simmons, Dufault, Dolan,
     and Young

     Read first time 01/27/21.       Referred     to   Committee   on   Consumer
     Protection & Business.




 1       AN ACT Relating to reducing barriers to professional licensure
 2   for individuals with previous criminal convictions; adding a new
 3   chapter to Title 18 RCW; and providing an effective date.


 4   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:


 5       NEW SECTION. Sec. 1. (1) The legislature finds that individuals
 6   with prior criminal convictions, upon completing the terms of one's
 7   sentence, have paid their debt to society, and should be given the
 8   opportunity to be regular and productive members of society by
 9   seeking gainful employment. Recognizing the perils recidivism poses
10   to the individual, families, public safety, and general well-being,
11   the legislature should prioritize that removal of these barriers
12   which prevent these individuals from entering the workforce.
13       (2) It is the intent of the legislature to provide a reliable
14   process for individuals with past criminal convictions to apply for a
15   professional license, and to not be prevented from obtaining a
16   professional license due to a prior criminal conviction which does
17   not directly relate to the applicable profession, business, or trade.


18       NEW SECTION.  Sec. 2.  (1) An individual who has a criminal
19   conviction may submit to the appropriate licensing authority a
20   preliminary application for a professional license, government
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 1   certification, or state recognition of the individual's personal
 2   qualifications for a determination as to whether the individual's
 3   criminal conviction would disqualify the individual from obtaining
 4   the occupational or professional license, government certification,
 5   or state recognition of the individual's personal qualifications from
 6   that licensing authority. The preliminary application may be
 7   submitted at any time, including prior to obtaining required
 8   education or paying any fee, other than the fee for the preliminary
 9   application under subsection (7) of this section. Only licenses,
10   certifications, or recognitions administered by the department of
11   licensing or a board or commission with the support of the department
12   of licensing are eligible for a determination under this section.
13       (2)   The   preliminary   application   may   include   additional
14   information about the individual's current circumstances, including
15   the time since the offense, completion of the criminal sentence,
16   other evidence of rehabilitation, testimonials, employment history,
17   and employment aspirations.
18       (3) Upon receipt of a preliminary application under subsection
19   (2) of this section and a fee if required under subsection (7) of
20   this section, the appropriate licensing authority shall make a
21   determination of whether the individual's criminal conviction would
22   disqualify the individual from obtaining a professional license,
23   government certification, or state recognition of the individual's
24   personal qualifications from that licensing authority.
25       (4) The licensing authority shall issue its determination in
26   writing within six months after receiving a preliminary application
27   under subsection (2) of this section. If the licensing authority
28   determines that the individual's criminal conviction would disqualify
29   the individual, the licensing authority will provide a determination
30   that includes findings of fact and conclusions of law and may advise
31   the individual of any action the individual may take to remedy the
32   disqualification.   If  the   licensing   authority   finds  that   the
33   individual has been convicted of a subsequent criminal conviction, or
34   that the individual has failed to disclose a conviction, the
35   licensing authority may rescind a determination upon finding that the
36   subsequent   criminal   conviction   would   be   disqualifying   under
37   subsection (3) of this section.
38       (5) The individual may appeal the determination of the licensing
39   authority. The appeal shall be in accordance with chapter 34.05 RCW.


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 1        (6) An individual whose preliminary application has been
 2   disqualified shall not file another preliminary application under
 3   this section with the same licensing authority within two years after
 4   the final decision on the previous preliminary application, except
 5   that    if  the  individual   has   taken   action   to  remedy   the
 6   disqualification as advised by the licensing board. If such action
 7   has been taken, the individual may file another preliminary
 8   application under this section with the same licensing authority six
 9   months after the final decision on the previous preliminary
10   application.
11       (7) A licensing authority may charge a fee not to exceed $100 for
12   each preliminary application filed pursuant to this section. The fee
13   is intended to offset the administrative costs incurred under this
14   section.


15       NEW SECTION.   Sec. 3.   The appropriate licensing authority may
16   disqualify an individual from obtaining a professional license,
17   government certification, or state recognition if it determines the
18   individual's conviction is related to the occupation or profession
19   unless the individual has requested and received a certificate of
20   restoration of opportunity under RCW 9.97.020.


21      NEW SECTION.   Sec. 4.   This act takes effect January 1, 2022.


22       NEW SECTION.     Sec. 5.    Sections 1    through   4   of   this   act
23   constitute a new chapter in Title 18 RCW.

                                   --- END ---




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