HB300 By Representatives Rogers and Moore (M) RFD Judiciary Rd 1 20-FEB-20

SYNOPSIS: Existing law does not provide for a judicial review board to adjudicate complaints of discrimination against a licensee of a professional licensing board listed in Title 34 of the Code of Alabama 1975.

This bill would provide that a licensee of a professional licensing board may not unlawfully discriminate or knowingly permit unlawful discrimination on the basis of race, national origin, sex, sexual orientation, religion, age, or disability of a person or client.

This bill would create a judicial review board to adjudicate complaints of discrimination.

This bill would provide for the composition of the board.

This bill would also provide for the admissibility of the findings of the board.

A BILL TO BE ENTITLED AN ACT

Relating to licensees of professional licensing boards; to prohibit a licensee of a board from unlawfully or knowingly permitting unlawful discrimination on the basis of race, national origin, sex, sexual orientation, religion, age, or disability of a person or client; to create a judicial review board to adjudicate complaints of discrimination; to provide for composition of the board; and to provide for the admissibility of the findings of the board.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. As used in this act, the following words shall have the following meanings:

(1) KNOWINGLY PERMIT. A failure to advocate corrective action where a licensee of a professional licensing board listed in Title 34, Code of Alabama 1975, knows of a policy or practice which results in unlawful discrimination on the basis of race, national origin, sex, sexual orientation, religion, age, or disability of a person.

(2) LICENSEE. A person or individual licensed by a professional licensing board listed in Title 34 of the Code of Alabama 1975.

(3) UNLAWFUL and UNLAWFULLY. Violations of applicable state or federal law or court decisions making it unlawful to refuse to employ a person or offer goods or services to the person on the basis of race, national origin, sex, sexual orientation, religion, age, or disability of a person.

Section 2. A licensee may not engage in or knowingly permit unlawful discrimination on the basis of race, national origin, sex, sexual orientation, religion, age, or disability in any of the following:

(1) The hiring, promoting, discharging, or otherwise determining the conditions of employment of any person.

(2) Accepting or terminating representation of any client or providing goods or services to any member of the public.

Section 3. A judicial review board is established to hear grievances under this act. The board shall consist of a panel of nine current circuit court judges appointed by the Governor. The Governor shall assure that the membership of the board is inclusive and reflects the racial, gender, geographic, urban, rural, and economic diversity of the state. The sole purpose of the board shall be to hear complaints regarding violations of this act by licensees and make determinations.

Section 4. A disciplinary investigation or proceeding by a professional licensing board may not be initiated against a licensee unless the judicial review board has first adjudicated a complaint regarding the licensed member and found that misconduct occurred. Upon the adjudication of the finding of the judicial review board, the finding shall be admissible evidence of the occurrence or nonoccurrence of the alleged act in any disciplinary proceeding initiated under this act.

Section 5. A licensee being investigated by the professional licensing board who believes his or her rights were violated in connection with the investigation, has the right to submit a complaint to the judicial review board. The finding of the judicial review board shall be admissible evidence of the occurrence or nonoccurrence of the alleged act in the disciplinary proceeding regarding the licensee.

Section 6. If this act conflicts with already established rules of ethics for each professional entity, then the disciplinary investigation or action shall be performed simultaneously with the proceeding of the judicial review board.

Section 7. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Boards and Commissions

Discrimination

Professional Licensing Boards