Bill Text: MI HB5218 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Occupations; individual licensing and regulation; prerequisite of "good moral character"; eliminate for occupational licensing purposes. Amends sec. 2 of 1974 PA 381 (MCL 338.42). TIE BAR WITH: HB 5216'14, HB 5217'14
Spectrum: Bipartisan Bill
Status: (Passed) 2014-12-17 - Assigned Pa 361'14 With Immediate Effect [HB5218 Detail]
Download: Michigan-2013-HB5218-Engrossed.html
HB-5218, As Passed House, April 29, 2014
HOUSE BILL No. 5218
January 9, 2014, Introduced by Reps. Santana, Shirkey, Walsh, Schor, Singh, Haveman and Robinson and referred to the Committee on Commerce.
A bill to amend 1974 PA 381, entitled
"An act to encourage and contribute to the rehabilitation of former
offenders and to assist them in the assumption of the
responsibilities of citizenship; to prescribe the use of the term
"good moral character" or similar term as a requirement for an
occupational or professional license or when used as a requirement
to establish or operate an organization or facility regulated by
this state; and to provide administrative and judicial procedures
to contest licensing board or agency rulings thereon,"
by amending section 2 (MCL 338.42).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) A judgment of guilt in a criminal prosecution or a
judgment in a civil action shall not be used, in and of itself, by
a
licensing board or agency as proof of a person's an individual's
lack
of good moral character. It may be used However, the licensing
board or agency may use that judgment as evidence in the
determination ,
and when so used the person shall be notified and
shall
be of his or her good moral
character.
(2) If a judgment of guilt in a criminal prosecution is used
as evidence in the determination of an individual's good moral
character under subsection (1), the licensing board or agency shall
also consider his or her certificate of employability, if any,
under section 34d of the corrections code of 1953, 1953 PA 232, MCL
791.234d, as evidence in the determination.
(3) If a judgment of guilt in a criminal proceeding or a
judgment in a civil action is used under subsection (1) as evidence
of an individual's lack of good moral character, the licensing
board or agency shall notify the individual and he or she is
permitted to rebut the evidence by showing that at the current time
he or she has the ability to, and is likely to, serve the public in
a fair, honest, and open manner, that he or she is rehabilitated,
or that the substance of the former offense is not reasonably
related
to the occupation or profession for which he or she seeks
to
be licensed.is seeking a
license.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5217 (request no.
03270'13).
(b) Senate Bill No.____ or House Bill No. 5216 (request no.
03559'13).
