H-1363.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1017
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By House Committee on Education (originally sponsored by Representatives Forner, Dorn, Brough, Chandler, Brumsickle, Vance, Cooke, Thomas, Long, Reams, Van Luven, Kremen, Tate, Mielke, Miller, Ballard, Basich, Dyer, Sheldon, Wood, Foreman, Ballasiotes, Schoesler, Morton, Stevens, Carlson, Edmondson, Sehlin, Rayburn and Horn)
Read first time 02/12/93.
AN ACT Relating to public employment; amending RCW 9.96A.020; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 9.96A.020 and 1973 c 135 s 2 are each amended to read as follows:
((Notwithstanding
any other provisions)) (1) Subject to the exceptions in subsections (3)
and (4) of this section, and unless there is another provision of law to
the contrary, a person ((shall)) is not ((be))
disqualified from employment by the state of Washington or any of its ((agencies
or political subdivisions)) counties, cities, towns, municipal
corporations, or quasi-municipal corporations, nor ((shall)) is
a person ((be)) disqualified to practice, pursue or engage in any
occupation, trade, vocation, or business for which a license, permit,
certificate or registration is required to be issued by the state of Washington
or any of its ((agencies or political subdivisions)) counties,
cities, towns, municipal corporations, or quasi-municipal corporations
solely because of a prior conviction of a felony((: PROVIDED,)).
However, this section ((shall)) does not preclude the fact of
any prior conviction of a crime from being considered.
((However,))
(2) A person may be denied employment by the state of Washington or any
of its ((agencies or political subdivisions)) counties, cities,
towns, municipal corporations, or quasi-municipal corporations, or a person
may be denied a license, permit, certificate or registration to pursue,
practice or engage in an occupation, trade, vocation, or business by reason of
the prior conviction of a felony if the felony for which he or she was
convicted directly relates to the position of employment sought or to the
specific occupation, trade, vocation, or business for which the license,
permit, certificate or registration is sought, and the time elapsed since the
conviction is less than ten years.
(3) A person is disqualified for any certificate required or authorized under chapters 28A.405 or 28A.410 RCW, because of a prior guilty plea or the conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.
(4) A person is disqualified from employment by school districts, educational service districts, and their contractors hiring employees who will have regularly scheduled unsupervised access to children, because of a prior guilty plea or conviction of a felony involving sexual exploitation of a child under chapter 9.68A RCW, sexual offenses under chapter 9A.44 RCW where a minor is the victim, promoting prostitution of a minor under chapter 9A.88 RCW, or a violation of similar laws of another jurisdiction, even if the time elapsed since the guilty plea or conviction is ten years or more.
(5) Subsections (3) and (4) of this section only apply to a person applying for a certificate or for employment on or after the effective date of this act.
NEW SECTION. Sec. 2. The legislature reaffirms its singular intent that this act shall not affect the duties imposed or powers conferred on the office of the superintendent of public instruction by RCW 28A.410.090.
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