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A bill to create certificates of employability for those who have been recently released from the Alabama Department of Corrections passed the House Judiciary Committee.
HB238, sponsored by Parker Moore, R-Hartselle, would “create a presumption of rehabilitation and fitness for licensure if an individual has been granted an order of limited relief.” The occupational licensing board could still consider the “conduct of the underlying conviction.”
“Currently, we are the sixth largest and fastest growing state in the country, and workforce development is one area that we are working on addressing issues with. HB238 will help assist in addressing some of those issues,” said Moore.
Alabama law imposes strict barriers on individuals with criminal records seeking employment. However, Alabama is one of only seven states that does not limit how licensing boards consider criminal history. Although Alabama provides some standards for conviction-based barriers, licensing boards still have broad discretion to deny those who seek employment after release.
“It will establish a process for determining eligibility and restrict when felony convictions can be barred from licensure and grant employer immunity in certain cases,” said Moore.
“In any proceeding on a claim against an employer for negligent hiring based upon the prior conviction of an employee, a certificate of employability issued to an individual pursuant to this section shall provide immunity for the employer with respect to the claim of negligent hiring if the employer knew of the certificate at the time of the alleged negligent hiring,” the bill states.
An employer would only be held liable for civil action if the individual is convicted of a felony after being hired and someone with hiring and firing capabilities retains the individual with this knowledge.
Rep. Jerry Starnes, R-Prattville, voiced that he believes the bill may be providing overreaching standards for a board that doesn’t need assistance in decision-making.
“I’m kind of opposed to this bill. The reasoning is it’s expanding the authority of the Bureau of Pardons and Parole, and it’s taking away the authority of the licensing boards that are professionals in each field. I just think that we’re we’re dictating to these boards what they have to do,” said Starnes.
Rep. Prince Chestnut, D-Selma, inquired if Moore had worked with the Director of ABPP when developing this bill. Moore worked with Ward and the Business Council of Alabama, Manufacture Alabama and the National Federation of Independent Business on this bill.
Earlier this year at a Reentry Commission meeting, Ward spoke about the necessary improvements to the occupational licensing boards.
“Occupational licensing reform is, in my opinion, absolutely necessary. We have people that can go to one of Commissioner Hamm’s job training programs that Ingram state does, they go in, they get the training, they come out, but the occupational licensing board has the absolute, 100 percent discretion to deny you a license because you went to prison for any reason. Whatever the reason,” said Ward.
The committee approved Moore’s bill and it was placed on the House calendar for consideration.
