SENATE CONCURRENT RESOLUTION 47

(By Senators Trump, Weld, Beach, Maynard, Romano, Azinger, Rucker, Ojeda, Karnes, Cline, Jeffries, Smith, Swope, Baldwin, Clements, Woelfel, and Ferns)

[Originating in the Committee on the Judiciary; Reported on March 1, 2018]

Requesting the Joint Committee on the Judiciary study and draft a potential bill designed to limit the use of criminal records as a basis to disqualify a person from receiving a license or other authorization to practice an occupation.

Whereas, The terminology currently used by several licensing entities to disqualify individuals from qualification is often vague; and

Whereas, Granting individuals with criminal records increased access to occupational licensing will allow them to build successful careers in West Virginia; and

Whereas, Citizens are sometimes prohibited from entering a professional career due to a nonviolent criminal offense in their past that is unrelated to their prospective line of work; and

Whereas, Disqualification from licensing due to a past criminal offense is sometimes for life, a punishment that often does not fit the severity of the crime; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on the Judiciary is requested to study and draft a potential bill designed to limit the use of criminal records as a basis to disqualify a person from receiving a license or other authorization to practice an occupation; and, be it

Further Resolved, That these limits would apply to state agencies, offices, boards, commissions, and to political subdivisions that grant licenses, certifications, registrations, occupational permits, and other forms of legal authorization. Licensing authorities would need to be specific about the types of convictions that would disqualify a person from receiving or keeping a license to practice, and state agencies would need to update their rules to follow the requirements of the act. The bill should also prevent political subdivisions from creating license requirements for an occupation if the political subdivision does not already have requirements for that occupation; and, be it

Further Resolved, That the Joint Committee on the Judiciary enlist the assistance of state licensing boards in conducting the study; and, be it

Further Resolved, That the Joint Committee on the Judiciary report to the regular session of the Legislature, 2019, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this study, prepare a report, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on the Judiciary.