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MI HB4488

Bill

Status

Passed

12/31/2020

Primary Sponsor

Brandt Iden

Click for details

Origin

House of Representatives

100th Legislature

AI Summary

HB 4488 Summary

  • Defines "good moral character" for occupational and professional licensing as the propensity to serve the public in a fair, honest, and open manner.

  • Prohibits licensing boards from considering a single civil judgment against an individual as evidence of lack of good moral character; requires more than one judgment to be considered.

  • Restricts use of criminal convictions in licensing decisions by requiring boards to determine the conviction has a direct relationship to the licensed activity, poses a demonstrable public safety risk, indicates likelihood of reoffense, or would cause greater harm if committed with the license.

  • Carves out exceptions for child care organizations, nursing homes, adult foster care facilities, law enforcement, and bar admission, which may consider criminal convictions without meeting the above requirements.

  • Prohibits licensing boards from using arrest records without conviction, reversed/vacated convictions, unrelated misdemeanors, or minor misdemeanors; requires individuals denied licenses to receive written notice with evidence and an opportunity for rehearing.

  • Allows individuals to appeal licensing decisions to circuit court for review, and permits boards to continue disciplining licensees for professional misconduct or dishonesty.

  • Effective April 4, 2021.

Legislative Description

Occupations: individual licensing and registration; use of criminal record to determine eligibility for occupational licensing; restrict. Amends title & secs. 1, 2, 3, 4, 5, 6 & 7 of 1974 PA 381 (MCL 338.41 et seq.).

State agencies (existing): licensing and regulatory affairs

Last Action

Assigned Pa 368'20 With Immediate Effect

12/31/2020

Committee Referrals

Regulatory Reform9/15/2020
Ways And Means5/19/2020
Regulatory Reform4/23/2019

Full Bill Text

No bill text available