Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 HOUSE BILL 1847
4
5 By: Representative Gazaway
6
7 For An Act To Be Entitled
8 AN ACT TO CREATE THE SECOND CHANCE HIRING ACT; TO
9 PROHIBIT INQUIRIES BY A STATE AGENCY INTO CONVICTIONS
10 FOR POSSESSION OF A CONTROLLED SUBSTANCE IN THE LAST
11 FIVE YEARS; TO AMEND THE LAW CONCERNING CERTAIN
12 PUBLIC EMPLOYEES; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO CREATE THE SECOND CHANCE HIRING ACT;
17 TO PROHIBIT INQUIRIES BY A STATE AGENCY
18 INTO CONVICTIONS FOR POSSESSION OF A
19 CONTROLLED SUBSTANCE IN THE LAST FIVE
20 YEARS; AND TO AMEND THE LAW CONCERNING
21 CERTAIN PUBLIC EMPLOYEES.
22
23
24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
25
26 SECTION 1. DO NOT CODIFY. Title.
27 This act shall be known and may be cited as the "Second Chance Hiring
28 Act".
29
30 SECTION 2. Arkansas Code Title 21, Chapter 1, Subchapter 1, is amended
31 to add an additional section to read as follows:
32 21-1-107. Disclosure of conviction for possession of a controlled
33 substance — Definition.
34 (a)(1) As used in this section, a "state agency" means any agency,
35 authority, board, bureau, commission, council, department, or office of the
36 state receiving an appropriation by the General Assembly.
*MLD372* 4/4/2023 1:14:55 PM MLD372
 HB1847
1 (2) As used in this section, “state agency” does not include:
2 (A) Municipalities;
3 (B) Townships;
4 (C) Counties;
5 (D) A public school district; or
6 (E) Institutions of higher education.
7 (b) A state agency shall not require a job applicant to disclose a
8 previous conviction for possession of a controlled substance on an initial
9 job application if the conviction occurred more than five (5) years before
10 the date of application.
11 (c) A criminal conviction for possession of a controlled substance
12 occurring more than five (5) years before the job application shall not
13 automatically disqualify an applicant from employment, unless mandated by
14 state or federal law.
15 (d) A state agency may conduct criminal background checks to verify
16 eligibility for employment of prospective employees, volunteers, interns, and
17 temporary personnel.
18 (e) A state agency may conduct criminal background checks for current
19 employees eligible for other positions within the state agency.
20 (f) The prohibitions of this section do not apply to an inquiry that
21 is expressly authorized by an applicable federal or state law.
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
2 4/4/2023 1:14:55 PM MLD372