Bill Status of HB 1210   97th General Assembly

Short Description:  STATE EMPLOYMENT APPLICATION

House Sponsors
Rep. La Shawn K. Ford-Rita Mayfield-Mary E. Flowers-Camille Y. Lilly

Last Action  View All Actions

DateChamber Action
  1/8/2013HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the State Employment Application Act. Provides that an application for State employment may not contain any question as to whether the applicant was convicted of or placed on supervision for a non-violent criminal offense but must contain a question as to whether the applicant for State employment has ever been convicted of a violent offense that is classified as a felony. Provides that nothing in the Act shall be construed to prohibit a State agency from conducting a criminal background check of an applicant for State employment. Provides that if a federal or State law disqualifies a person convicted of certain offenses from holding a position, an application for that position may inquire as to whether the applicant has been convicted of a disqualifying offense. Provides that if an applicant is applying for a position of peace officer, an application for that position may inquire as to whether the applicant has been convicted of a disqualifying offense. Provides that nothing in the Act prohibits a decision to refuse to hire on the basis that the applicant has been convicted of a criminal offense. Effective immediately.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Re-inserts the introduced bill with the following changes. Adds language providing that: an application form may seek information regarding an individual applicant's credentials, educational and prior work history, training, and other information pertinent to an assessment of the applicant for employment with the State; and the term "application" does not include testing material or a form requesting an applicant's permission to perform a background check. Deletes the definition of "violent offense". Provides that, subject to an exception concerning a disqualifying offense, an application for State employment may not contain any question as to whether the applicant was convicted of or placed on supervision for a criminal offense (rather than for a non-violent criminal offense). Deletes language providing that an application for State employment must contain a question as to whether the applicant for State employment has ever been convicted of a violent offense that is classified as a felony. Adds language providing that: except as otherwise required by State or federal law, a State agency is not prohibited from requiring an applicant to complete a release form granting the applicant's permission to conduct a background check; the background check release form and any form other than an initial application form may inquire as to the applicant's criminal conviction history; and a background check release form authorizing an inquiry into an applicant's criminal background may not be required of an applicant until after the applicant has been interviewed for, or conditionally offered, a position. Adds language providing that the Act does not apply to current State employees or documents they are required to complete for promotions, salary increases, transfers to other agencies, applications for new positions, or any other changes in position or status. Changes the effective date to January 1, 2013.

Actions 
DateChamber Action
  2/8/2011HouseFiled with the Clerk by Rep. La Shawn K. Ford
  2/8/2011HouseFirst Reading
  2/8/2011HouseReferred to Rules Committee
  2/14/2011HouseAssigned to State Government Administration Committee
  3/17/2011HouseRule 19(a) / Re-referred to Rules Committee
  4/1/2011HouseAdded Chief Co-Sponsor Rep. Rita Mayfield
  1/24/2012HouseAssigned to State Government Administration Committee
  2/28/2012HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. La Shawn K. Ford
  2/28/2012HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/29/2012HouseHouse Committee Amendment No. 1 Rules Refers to State Government Administration Committee
  2/29/2012HouseHouse Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote
  2/29/2012HouseMotion Do Pass - Lost State Government Administration Committee; 009-005-000
  2/29/2012HouseRemains in State Government Administration Committee
  3/7/2012HouseDo Pass as Amended / Short Debate State Government Administration Committee; 010-002-000
  3/9/2012HousePlaced on Calendar 2nd Reading - Short Debate
  3/9/2012HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. La Shawn K. Ford
  3/9/2012HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  3/9/2012HouseAdded Chief Co-Sponsor Rep. Mary E. Flowers
  3/21/2012HouseHouse Floor Amendment No. 2 Rules Refers to State Government Administration Committee
  3/21/2012HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. La Shawn K. Ford
  3/21/2012HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  3/22/2012HouseHouse Floor Amendment No. 3 Rules Refers to State Government Administration Committee
  3/27/2012HouseSecond Reading - Short Debate
  3/27/2012HouseHeld on Calendar Order of Second Reading - Short Debate
  3/28/2012HouseAdded Chief Co-Sponsor Rep. Camille Y. Lilly
  3/30/2012HouseHouse Floor Amendment No. 2 Rule 19(a) / Re-referred to Rules Committee
  3/30/2012HouseHouse Floor Amendment No. 3 Rule 19(a) / Re-referred to Rules Committee
  3/30/2012HouseRule 19(a) / Re-referred to Rules Committee
  1/8/2013HouseSession Sine Die

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