Amendment SA1-SB38

LRBa0147/1

CMH&MIM:wlj

2023 - 2024 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE BILL 38

May 10, 2023 - Offered by Senator Cabral-Guevara.

SB38-SA1,1,1 At the locations indicated, amend the bill as follows:

SB38-SA1,1,2 1. Page 3, line 14: after that line insert:

SB38-SA1,1,3 “ Section 3g. 111.335 (3) (h) of the statutes is created to read:

SB38-SA1,1,10 111.335 (3) (h) Notwithstanding s. 111.322, if an employer is required by federal law or by a contract with the federal government to inquire into the criminal history of an individual for purposes of employment, and is prohibited by such law or contract from employing individuals with certain criminal convictions, including employers engaged in the business of insurance under 18 USC 1033 and 1034, it is not employment discrimination because of a conviction record for such an employer to do any of the following:

SB38-SA1,1,13 1. Request an applicant, employee, or contractor to supply in writing information regarding a crime, the record of which has been expunged under s. 973.015.

SB38-SA1,2,4 2. Refuse to employ, or terminate the employment or contract of, an individual whose conviction record has been expunged under s. 973.015, or who refuses to supply information about such an expunged conviction record, if the employer is prohibited from employing such an individual.

SB38-SA1,3r Section 3r. 111.335 (3) (i) of the statutes is created to read:

SB38-SA1,2,10 111.335 (3) (i) If requested by an employer that is prohibited by federal law or by a contract with the federal government from employing individuals who have been convicted of certain crimes, an individual who is granted an expungement under s. 973.015 shall disclose the expunged criminal conviction for either of the following purposes:

SB38-SA1,2,13 1. Employment with an employer engaged in the business of insurance, for the purpose of complying with 18 USC 1033 and 1034, or other federal law that requires exclusion of certain individuals from employment.

SB38-SA1,2,16 2. Employment with an employer that is required to exclude individuals with certain criminal convictions from employment pursuant to a contract with the federal government.”.

SB38-SA1,2,22 2. Page 5, line 15: delete “Upon receipt of the petition," and substitute “For an initial petition, unless the person submits an affidavit swearing that he or she is unable to pay the fee and the court waives it, the person shall pay to the clerk of circuit court a $20 fee to be retained for the use of the county. For a 2nd petition regarding the same record, the person shall pay to the clerk of circuit court a $100 fee to be retained for the use of the county. Upon receipt of a petition,".

SB38-SA1,3,3 3. Page 5, line 16: delete “expungement because" and substitute “expungement. A person is ineligible to petition for expungement if the record is not available for the court to review,".

SB38-SA1,3,6 4. Page 6, line 4: after “this disposition." insert “If the court orders a record be expunged under this subd. 1. b., the record shall be expunged within 120 days of the order.".

SB38-SA1,3,7 5. Page 6, line 8: delete lines 8 and 9.

SB38-SA1,3,8 (End)