SB79 Alabama 2024 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

Regular Session 2024

Title

Occupational Licensing Boards, consideration of criminal conviction when licensing restricted

Summary

SB79 would require Alabama occupational licensing boards to evaluate criminal convictions on request, publish disqualifying offenses online, and repeal the old limited-relief process, shifting toward case-by-case determinations.

What This Bill Does

An applicant may request a board to determine if a criminal conviction disqualifies them from licensure, and the board must decide within 30 days, charging up to $20 per request and using defined factors. The board may not automatically deny based solely on conviction and may consider the underlying conduct related to the duties if it directly affects the occupation; the decision must be supported by clear and convincing evidence. The bill also requires boards to publish a list of disqualifying offenses on their websites, prohibits vague rule terms, and repeals the current order-of-limited-relief process, with these changes taking effect October 1, 2024.

Who It Affects

• Individuals with criminal convictions who are seeking an occupational license; they can request a determination and must follow the new process, including potential fees and a 30-day decision timeline.
• Alabama occupational licensing boards and their staff, who must implement the new evaluation process, publish disqualifying offenses online, adjust rules to remove vague terms, and repeal the prior order-of-limited-relief framework.

Key Provisions

• Allows an applicant to request a board to determine if a criminal conviction disqualifies them from licensure, with a requirement to include conviction details and applicable fee information.
• Boards must determine disqualification within 30 days of the request and base the decision on defined factors: nature/seriousness of the crime, time since, relation to duties, and rehabilitation.
• Boards may charge up to $20 per request to reimburse costs of making a determination.
• Boards must publish on their official website a list of all criminal offenses that may disqualify an applicant from licensure.
• Rules may not use vague terms (e.g., 'moral turpitude,' 'any felony,' or 'good character') and may only consider criminal records that are specific and directly related to the duties of the occupation.
• Chapter 26 of Title 12 (orders of limited relief) is repealed.
• The act becomes effective October 1, 2024.
• The provisions do not apply to law enforcement employment, Alabama Peace Officers' Standards and Training Commission certification, or issuance of driver's licenses.

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