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Senate committee advances bill to limit criminal-history questions in state hiring
Summary
A Senate committee advanced SB 49, a bill that would prohibit most state agencies from asking job applicants about criminal histories until after a conditional job offer; two amendments narrowing the bill’s coverage were adopted unanimously and the measure received a favorable report.
Senator Sink Singleton said the measure, SB 49, would bar most state government employers from asking job applicants about their criminal histories until after a conditional job offer is made.
"This bill will allow state government, any governmental agency, to be able to hire people without asking them about their criminal background upfront," Senator Sink Singleton said, adding that an employer may still learn of a conviction after an offer and deny employment if the conviction is related to the job.
The bill requires employers to retain records for three years showing the number of positions requiring background checks, the number of applicants given conditional offers, and the number of applicants notified of potential disqualification. The sponsor said the measure applies to nonviolent offenses where individuals did not serve time in jail or prison, and that agencies must provide a reason if they deny an applicant after learning of a conviction.
Senator Robert Stewart offered a "friendly amendment" that moved enforcement responsibility from Personnel to the Department of Workforce, and that explicitly excluded agencies that handle HIPAA-protected information, law-enforcement agencies and officers, and the district attorney's office. The committee adopted that amendment unanimously.
Senator Stewart then moved a second amendment that further clarified exclusions for law-enforcement and district attorney offices; the committee adopted the second amendment without objection. The committee gave the amended bill a favorable report.
The committee record shows the amendments and the favorable report passed by unanimous tallies recorded in committee (amendments adopted 9-0; bill given favorable report 9-0). No implementation timeline or effective date was specified in the committee discussion recorded here.
The bill now moves out of committee for further consideration by the full Senate.
