Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 762 of the Regular Session
 1   State of Arkansas              As Engrossed:      H3/22/21 H3/31/21
 2   93rd General Assembly                        A Bill
 3   Regular Session, 2021                                                             HOUSE BILL 1520
 4
 5   By: Representatives F. Allen, Scott
 6   By: Senator L. Chesterfield
 7
 8                                     For An Act To Be Entitled
 9                    AN ACT TO AMEND THE ARKANSAS CODE CONCERNING
10                    OCCUPATIONAL CRIMINAL BACKGROUND CHECKS; TO ENSURE
11                    THAT LICENSEES WHO WERE LICENSED PRIOR TO THE
12                    ENACTMENT OF ACTS 2019, NO. 990, ARE ALLOWED TO
13                    MAINTAIN THEIR LICENSES; AND FOR OTHER PURPOSES.
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15
16                                                 Subtitle
17                           TO AMEND THE ARKANSAS CODE CONCERNING
18                           OCCUPATIONAL CRIMINAL BACKGROUND CHECKS;
19                           AND TO ENSURE THAT LICENSEES WHO WERE
20                           LICENSED PRIOR TO THE ENACTMENT OF ACTS
21                           2019, NO. 990, ARE ALLOWED TO MAINTAIN
22                           THEIR LICENSES.
23
24
25   BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27           SECTION 1.       Arkansas Code  17-3-102(b), concerning licensing
28   restrictions based on criminal records, is amended to read as follows:
29           (b)(1)      If an individual has been convicted of a crime listed in
30   subsection (a) of this section, a licensing entity may waive disqualification
31   or revocation of a license based on the conviction if a request for a waiver
32   is made by:
33                           (A)    An affected applicant for a license; or
34                           (B)    The individual holding a license subject to
35   revocation.
36                    (2)    A basis upon which a waiver may be granted includes without
     *JMB026*                                                                    03-31-2021 09:46:54 JMB026
     As Engrossed:       H3/22/21 H3/31/21                                         HB1520
 1   limitation:
 2                         (A)   The age at which the offense was committed;
 3                         (B)   The circumstances surrounding the offense;
 4                         (C)   The length of time since the offense was committed;
 5                         (D)   Subsequent work history since the offense was
 6   committed;
 7                         (E)   Employment references since the offense was committed;
 8                         (F)   Character references since the offense was committed;
 9                         (G)   Relevance of the offense to the occupational license;
10   and
11                         (H)   Other evidence demonstrating that licensure of the
12   applicant does not pose a threat to the health or safety of the public.
13                 (3)    The waiver requirements of this section are not required for
14   a renewal of a license if an individual has been convicted of a crime listed
15   in subsection (a) of this section and has either:
16                         (A)   Completed the wavier requirements of this section at
17   his or her initial licensure;
18                         (B)   Been licensed in this state before the enactment of
19   subsection (a) of this section; or
20                         (C)   Attended a professional or occupational school,
21   program, or training in pursuit of an occupational license before the
22   enactment of subsection (a) of this section and would have been qualified to
23   hold an occupational license on or before July 24, 2019.
24
25         SECTION 2.      Arkansas Code  17-3-102(g), concerning licensing
26   restrictions based on criminal records, is amended to read as follows:
27         (g)    The disqualification for an offense listed in subsection (a) of
28   this section and the permanent disqualification for an offense listed in
29   subsection (e) of this section does not apply to:
30                 (1)    An an individual who holds a valid license on July 24, 2019;
31                 (2)    An individual who holds a valid license on or before July
32   24, 2019, but failed to renew his or her license for any reason; or
33                 (3)    An individual who was a student on or before July 24, 2019,
34   in a professional or occupational school, program, or training in pursuit of
35   an occupational license and would have been qualified to hold an occupational
36   license on or before July 24, 2019.
                                             2               03-31-2021 09:46:54 JMB026
     As Engrossed:   H3/22/21 H3/31/21                                      HB1520
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 2                                       /s/F. Allen
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 5                                  APPROVED: 4/19/21
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Statutes affected: 
Old version HB1520 Original - 2-22-2021 02:20 PM: 17-3-102(b), 17-3-102(g)
Old version HB1520 V2 - 3-22-2021 09:40 AM: 17-3-102(b), 17-3-102(g)
Old version HB1520 V3 - 3-31-2021 09:47 AM: 17-3-102(b), 17-3-102(g)
HB 1520: 17-3-102(b), 17-3-102(g)
Act 762: 17-3-102(b), 17-3-102(g)