Pre-application determinations for licensing.

Plain English Breakdown

The official summary and text do not provide specific details on how licensing boards will implement pre-application determinations or estimate their impact.

Pre-Application Determinations for Licensing

This law allows people with criminal convictions to request a pre-application determination from licensing boards about whether their past will affect getting a license, certification, or registration.

What This Bill Does

• Allows applicants who have been convicted of crimes to apply to licensing boards for a pre-application determination regarding the impact of their criminal history on obtaining licenses, certifications, or registrations.
• Enables licensing boards to request and use criminal background information when making these determinations.
• Permits licensing boards to charge a fee that covers the costs of providing this service.
• Clarifies that pre-application determinations are not binding on the board's final decision.

Who It Names or Affects

• People who have been convicted of crimes and want to apply for occupational licenses, certifications, or registrations.
• Licensing boards, commissions, and authorities responsible for issuing these credentials.

Terms To Know

Pre-application determination

A decision made by a licensing board before an applicant starts the full application process to determine if their criminal history might prevent them from getting a license or certification.

Criminal background information

Information about someone's past criminal convictions that can be used to assess eligibility for occupational licenses, certifications, or registrations.

Limits and Unknowns

• The law does not specify the exact process or rules for how licensing boards should handle pre-application determinations.
• It is unclear how many people will use this new option and what impact it might have on their ability to get licenses or certifications.

Official Summary Text

Bill Summary - 22LSO-0175
Bill No.:

HB0039

Effective:

7/1/2022 12:00:00 AM

LSO No.:

22LSO-0175

Enrolled Act No.:

HEA No. 0011

Chapter No.:

20

Prime Sponsor:

Joint Judiciary Interim Committee

Catch Title:

Pre-application determinations for licensing.

Subject:

Determinations of impact of criminal convictions for licensing purposes.

Summary/Major Elements:

This act provides that any person previously convicted of a criminal offense may, before undertaking the licensing process, apply to a board, commission, or authority that provides occupational licenses for a determination as to whether one or more criminal convictions will prevent the person from receiving a license, certification, or registration.

As part of the pre-application determination process, a board, commission, or authority may request criminal history background information on the applicant.

The board, commission, or authority completing the pre-application determination may charge a reasonable fee for providing the determination not to exceed the costs of providing the determination.

Any pre-application determination issued by a board, commission, or authority regarding the impact of a future applicant's criminal convictions is not binding upon the board, commission, or authority.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

22LSO-0175

ORIGINAL House

ENGROSSED
Bill No
.
HB0039

ENROLLED ACT NO. 11,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2022 Budget Session

AN ACT relating to professions and occupations; establishing a procedure by which applicants for licenses and certifications can seek a pre-application determination as specified; authorizing the access and dissemination of criminal history record information for pre-application determinations as specified; making conforming amendments; authorizing a fee; authorizing rulemaking; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 7
‑
19
‑
106(a) by creating a new paragraph (xxxvi) and 33
‑
1
‑
304 by creating a new subsection (e) are amended to read:

7
‑
19
‑
106.

Access to, and dissemination of, information.

(a)

Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(xxxvi)

Any professional licensing board, commission, commissioner or authority that otherwise has authority to receive criminal history record information under this subsection, for purposes of obtaining criminal history background information for pre
‑
application determination in accordance with W.S. 33
‑
1
‑
304(e).

33
‑
1
‑
304.

Considering criminal convictions; pre
‑
application determinations.

(e)

Any person who has been previously convicted of a crime may at any time apply to a board, commission, commissioner or authority authorized to establish
examination, inspection, permit, license, certification or registration requirements for any profession or occupation regulated under this title or under W.S. 7
‑
4
‑
211, 11
‑
25
‑
201, 15
‑
5
‑
103, 17
‑
4
‑
406, 21
‑
2
‑
802, 23
‑
2
‑
414, 26
‑
4
‑
101 or 40
‑
22
‑
103 for a determination as to whether one (1) or more of the person's criminal convictions will prevent the person from receiving a license, certification or registration. Each board, commission, commissioner or authority may by rule establish a procedure by which an application submitted under this subsection is reviewed and may by rule delegate the authority to review an application to a staff member of the board, commission, commissioner or authority. A board, commission, commissioner or authority may request criminal history background information for purposes of reviewing an application under this subsection in accordance with W.S. 7
‑
19
‑
106(a)(xxxvi). The board, commission, commissioner or authority may by rule establish and charge a reasonable fee to recover the costs of researching and developing a determination under this subsection, provided that any fee shall not exceed the costs of providing the determination under this subsection. A determination made by a board, commission, commissioner or authority under this subsection shall not be binding upon the board, commission, commissioner or authority.

Section 2
.

This act is effective July 1, 2022
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1