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MS SB2792

Bill

Status

Failed

3/9/2021

Primary Sponsor

John Horhn

Click for details

Origin

Senate

2021 Regular Session

AI Summary

  • Amends the Fresh Start Act of 2019 to clarify that provisions apply "notwithstanding any other provision of law," overriding conflicting statutes or rules.

  • Prohibits licensing authorities from using vague disqualifying terms such as "moral turpitude," "any felony," or "good character" in licensure qualifications.

  • Requires licensing authorities to use "clear and convincing" proof standard and consider four specific factors when evaluating applicants with criminal convictions: nature and seriousness of crime, time elapsed, relationship to job duties, and evidence of rehabilitation.

  • Allows individuals to petition licensing authorities at any time for pre-determination of whether their criminal record disqualifies them for a license, with a response required within 30 days and a fee not exceeding $25.

  • Establishes that licensing authorities bear the burden of proof in demonstrating that a criminal conviction directly relates to the licensed occupation, and permits licensing authorities to grant licenses to individuals with disqualifying convictions after considering required factors.

  • Exempts Mississippi Bar admission and reinstatement procedures for attorneys from these provisions.

  • Takes effect July 1, 2021.

Legislative Description

Fresh Start Act of 2019; expand.

Last Action

Died On Calendar

3/9/2021

Committee Referrals

Judiciary B2/26/2021
Labor1/18/2021

Full Bill Text

No bill text available