BILL NUMBER: S3250
SPONSOR: SALAZAR
 
TITLE OF BILL:
An act to amend the correction law, in relation to requiring public
agencies to establish preliminary license application procedures to
determine whether an applicant for a license would be ineligible for
such license based on criminal history
 
PURPOSE OR GENERAL IDEA OF THE BILL:
This bill intends to make the application and decision process for
certain occupational licenses in New York more transparent, specifically
regarding eligibility based on prior criminal history
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 sets the title of the legislation as the "Preliminary License
Application Navigation (PLAN) Act".
Section 2 amends the correction law by adding section 756 to include the
following provisions:
Subdivision 1 - Definitions.
Subdivision 2 - Establishes that this act only applies to public agen-
cies that already consider a license applicant's criminal history as
part of a license application process and does not expand any agency's
ability to collect or consider such information on applicants.
Subdivision 3 - Requires public agencies that already consider a license
applicant's criminal history as part of a license application to post
eligibility regarding criminal history for the license application in
clear and plain language on their website and lists the specific types
of information the public agency must disclose within these eligibility
requirements.
Subdivision 4 - Establishes that a person can submit a preliminary
license application for a determination as to whether the individual's
criminal history would bar them from the license.
Subdivision 5 - Establishes that a person can submit a preliminary
license application at any time, and that the public agency must have a
readily available form that details the process, a standard maximum fee
of $25, information as to what is allowed to be accessed during the
preliminary application regarding criminal history, and that a new
preliminary application may be submitted at any time during the process
if their circumstances change.
Subdivision 6 - Requires that the public agency begin the process of
evaluating the eligibility of a person once they receive the preliminary
license application.
Subdivision 7 - Establishes the process for the preliminary license
application, including that the agency must inform the applicant in
writing if they are deemed ineligible and specify any additional infor-
mation the applicant can provide that could result in their eligibility,
and permits an applicant to request a hearing where a hearing process
already exists for the denial of a license application.
Subdivision 8 - Establishes that an applicant may seek judicial review
after a hearing by an Article 78 proceeding.
Subdivision 9 - Prohibits private entities or persons or public agency
from requiring any person to submit a preliminary license application or
to discriminate against a person based on their decision to submit or
not submit such an application.
Subdivision 10 - Requires public agencies keep all information obtained
through a preliminary license application process confidential.
Subdivision 11 - Allows public agencies to promulgate rules and regu-
lations, regarding their preliminary license application process.
Subdivision 12 - Requires public agencies to publish annual reports
relating to preliminary license applications.
Section 3 - Establishes that the New York State Division of Human Rights
and the New York City Commission on Human Rights shall have the power to
enforce rights protected by Section 755 of the correction law.
Section 4 - Sets the effective date immediately upon passage.
 
JUSTIFICATION:
Under current law, an individual who might be disqualified from obtain-
ing an occupational license based on prior criminal history has no way
to ascertain in advance whether they would face disqualification. This
bill corrects this faulty process by establishing a method of obtaining
an advance determination of eligibility.
Applying for occupational licenses in New York State is opaque and
confusing in a way that needlessly discourages many potential appli-
cants. Currently, 25% of jobs require an occupational license. While it
is essential for certain jobs to have a formal evaluation process for
candidates, it is also essential to be transparent about the require-
ments for those jobs. The lack of transparency tends to adversely impact
women and people of color, especially those who have been incarcerated.
When requirements are outlined, they are often vague. For example, the
requirements to become a Licensed Master Social Worker state that the
person must be of "good moral standing". The statute does not define
what a good moral standing is and can be left to different interpreta-
tions depending on who is sitting on the licensing board.
Because of this, people with criminal records experience barriers when
it comes to applying for licenses. There are often no guidelines to
indicate what the requirements are and whether an applicant with a crim-
inal record will be disqualified before they apply. This can cause
people with criminal records to spend time and money on a license they
have no chance of receiving; conversely, it can discourage people with
criminal records from applying for licenses they might be eligible for.
Requiring transparency and an opportunity for an advanced determination
of eligibility would ensure that potential applicants have accurate and
relevant information to inform their decisions on career paths, whether
they have been incarcerated or not.
Approximately 28% of women in the workforce are in jobs requiring occu-
pational licenses, as opposed to 23% of men. This, coupled with the fact
that many of the fastest-growing professions are dominated by women,
means that women are disproportionately regulated in the workforce.
These disparities can be especially stark for women of color who have
been formerly incarcerated, as their unemployment rates are 43.6%,
almost double the overall 27% unemployment rate for formerly incarcerat-
ed individuals. (The overall unemployment rate in New York is 4.4%,
which demonstrates the difficulties faced by all formerly incarcerated
individuals.).
The financial impact of the application process also creates disincen-
tives to apply. For licenses such as social work, the fee to sit for the
licensure exam is $294. This fee does not guarantee that a person will
pass, only that they can sit for the exam. It also does not take into
account the person's eligibility prior to paying this fee. This can
cause further harm, especially for formerly incarcerated individuals who
are already at risk for higher rates of poverty, homelessness, and unem-
ployment. This process discriminates against people who have been
formerly incarcerated because it requires them to pay the licensing fee
upfront before they are ever told that they may be ineligible based
solely on their criminal history. This bill would allow an individual to
verify that they are eligible for licensure before paying the much high-
er fee for the licensure exams.
This legislation will improve the licensure process and address the
disparities that vulnerable populations face on an economic and systemic
level. It will allow people.with prior criminal legal system involvement
to focus their efforts on career paths that would benefit them and their
community. By focusing on careers that a person is eligible for and
interested in, it increases their chances for success. When people with
prior criminal legal system involvement are given the chance to find
sustainable means of living after incarceration, it helps to reduce the
rates of recidivism. This not only helps the individual, but the commu-
nity, state, and nation as a whole.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S3250: 755 correction law, 755(2) correction law