"GOOD MORAL CHARACTER"; LICENSING                               H.B. 6110 (S-2) & 6111-6113:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

 

 

 

 

 

 

 

 

 

House Bill 6110 (Substitute S-2 as reported)

House Bills 6111 through 6113 (as reported without amendment)

Sponsor:  Representative Brandt Iden (H.B. 6110)

               Representative Beth Griffin (H.B. 6111)

               Representative Michele Hoitenga (H.B. 6112)

               Representative Joseph N. Bellino, Jr. (H.B. 6113)

House Committee:  Regulatory Reform

Senate Committee:  Regulatory Reform

 

CONTENT

 

House Bill 6110 (S-2) would amend Public Act 381 of 1974, which governs the occupational or professional licensing and regulation of former offenders, to do the following:

 

--    Allow a licensing board or agency to consider a judgment in a civil action against a former offender who was seeking an occupational or professional license as evidence of his or her good moral character only if more than one judgment in a civil action had been entered against him or her.

--    Prohibit a licensing board or agency from considering an individual's criminal conviction as conclusive proof of his or her lack of good moral character.

--    Specify that a licensing board or agency could use an individual's criminal conviction as evidence of his or her good moral character only if certain conditions were met. 

--    Require a licensing board or agency to consider any additional information about an individual's current circumstances as evidence in a determination of his or her good moral character, in addition to considering his or her certificate or employability.

--    Allow an individual to rebut evidence of lack of good moral character by showing that the requirements specified for a civil action or criteria required for a criminal conviction for considering the individual's character as evidence in the determination of his or her good moral character had not been met.

--    Prohibit a licensing board or agency from using a public record related to an individual's conviction in a determination of that his or her good moral character.

 

House Bills 6111 to 6113 would amend the Public Health Code, the Skilled Trades Regulation Act, and the Occupational Code, respectively, to revise each Act's definition of "good moral character" to mean that term as defined in, and determined under, Public Act 381 of 1974 (which House Bill 6110 (S-2) would amend).

 

House Bills 6111 through 6113 are tie-barred to House Bill 6110.

 

MCL 338.41-338.47 (H.B. 6110)                                 Legislative Analyst:  Stephen Jackson

       333.16104 & 333.21755 (H.B. 6111)

       339.5105 (H.B. 6112)

       339.104 (H.B. 6113)

 

 

 


FISCAL IMPACT

 

House Bill 6110 (S-2) would have no fiscal impact on State or local government. The bill's specifications regarding good moral character determinations would not add any additional cost burden to the Department of Licensing and Regulatory Affairs and would not result in any significant increase in revenue from licensing fees.

 

House Bills 6111 to 6113 would have no fiscal impact on State or local government.

 

Date Completed:  12-7-18                                         Fiscal Analyst:  Elizabeth Raczkowski

 

 

 

 

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.