SB51 Alabama 2023 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

Regular Session 2023

Title

Relating to occupational licensing boards; to amend Section 41-9A-2, Code of Alabama 1975; to require an occupational licensing board to determine whether an individual's criminal conviction disqualifies him or her from obtaining an occupational license in certain circumstances; to add Section 41-9A-2.1 to the Code of Alabama 1975, to prohibit an occupational licensing board from using certain terms in rulemaking as reasons for disqualification from licensure and to limit the circumstances under which an occupational licensing board may consider an individual's criminal record when determining if the individual qualifies for licensure; to repeal Chapter 26 of Title 15, Code of Alabama 1975, relating to orders of limited relief; and to require occupational licensing boards to include certain information on official websites.

Summary

SB51 would overhaul how Alabama occupational licensing boards handle criminal records by requiring individualized determinations, banning vague disqualifications, repealing orders of limited relief, and mandating public disclosure of disqualifying offenses.

What This Bill Does

If passed, boards must, upon request, determine whether a person's criminal conviction disqualifies them from licensure using specific factors. They may not automatically deny a license when a valid order of limited relief exists, but may consider the underlying conduct and may deny, revoke, or suspend a license based on that conduct, with a decision within 30 days supported by clear evidence. The bill requires boards to publish on their official websites a list of offenses that may disqualify, restricts the use of vague terms like 'moral turpitude' or 'good character,' and limits consideration to crimes directly related to the duties of the occupation. It also repeals Chapter 26 of Title 12 (orders of limited relief) and allows boards to charge up to $20 per request to cover costs.

Who It Affects

• Individuals applying for or holding an occupational license who have a criminal conviction and are seeking a determination of disqualification
• Occupational licensing boards and the general public who interact with the boards and benefit from the transparency and updated rules

Key Provisions

• Requires boards to determine, on request, whether a conviction disqualifies an applicant based on specified factors (nature/seriousness of the crime, time since, relation to duties, rehabilitation).
• If a valid order of limited relief exists, boards may not automatically deny, but may consider underlying conduct and may deny, revoke, or suspend a license; decision due within 30 days; must be supported by clear evidence.
• Publishes on each board's website a list of offenses that may disqualify licensure.
• Prohibits vague rule terms such as 'moral turpitude,' 'any felony,' or 'good character' from being used to disqualify, and limits consideration to offenses specifically related to the occupation.
• Repeals Chapter 26 of Title 12 (orders of limited relief).
• Allows a per-request fee of up to $20 to reimburse costs for determinations.
• Boards may adopt rules to implement this section.
• Excludes law enforcement employment, Alabama Peace Officers' Standards and Training Commission certification, and driver's license issuance from these requirements.
• Effective date: the act takes effect on the first day of the third month after passage.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Occupational Licensing Boards, consideration of criminal conviction when licensing restricted