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MS SB2781
Bill
AI Summary
SB 2781 Summary
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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.
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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.
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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.
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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.
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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.
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Prohibits licensing authorities from suspending or revoking licenses solely due to student loan defaults or work-conditional scholarship delinquencies.
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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