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MS SB2781

Bill

Status

Passed

4/16/2019

Primary Sponsor

John Polk

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Origin

Senate

2019 Regular Session

AI Summary

SB 2781 Summary

  • Prohibits licensing authorities from disqualifying applicants solely based on prior criminal convictions unless the crime directly relates to the duties and responsibilities of the licensed occupation.

  • Bans the use of vague licensing qualification terms including "moral turpitude," "any felony," and "good character"; requires licensing authorities to only consider specific criminal records directly related to job duties.

  • Establishes a "clear and convincing" standard of proof for licensing authorities when determining whether to deny a license based on criminal history, considering nature/seriousness of crime, time elapsed, crime's relationship to job duties, and evidence of rehabilitation.

  • Allows individuals with criminal records to petition licensing authorities at any time for a determination of whether they qualify for a license, with the authority having 30 days to respond and capped petition fees of $25.

  • Requires licensing authorities to provide written notice of denial reasons, appeal rights, reapplication dates, and rehabilitation consideration options; places burden of proof on the licensing authority in administrative hearings or litigation.

  • Prohibits licensing authorities from suspending or revoking licenses solely due to student loan defaults or work-conditional scholarship delinquencies.

  • Exempts attorney bar admission and reinstatement proceedings from all requirements under this act; effective July 1, 2019.

Legislative Description

Mississippi Fresh Start Act; create to require the revision of licensing restrictions based on criminal records.

Last Action

Approved by Governor

4/16/2019

Committee Referrals

Judiciary A2/21/2019
Accountability, Efficiency, Transparency1/21/2019

Full Bill Text

No bill text available