2019 House Bill 4488 / 2020 Public Act 368

Limit using criminal background to bar occupational licensure

Introduced in the House

April 23, 2019

Introduced by Rep. Brandt Iden (R-61)

To limit the use of criminal records to determine whether an individual is eligible to get an occupational license mandated by the state, which is required to earn a living in many professions. Specifically, a licensing board or agency could not consider past civil judgments or lawsuits against an individual as evidence of a “lack of good moral character;” and also could not consider a criminal conviction, in and of itself, as conclusive evidence of this, unless the individual was convicted of a felony that is explicitly listed in statute as a disqualifying offense for the particular license, or the offense was directly related to the licensed profession. This is part of a legislative package comprised of House Bills 4488 to 4493.

Referred to the Committee on Regulatory Reform

May 19, 2020

Reported without amendment

Refer to the Committee on Ways and Means with the recommendation that the substitute (H-2) be adopted.

Referred to the Committee on Ways and Means

Sept. 3, 2020

Reported without amendment

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

Sept. 10, 2020

Passed in the House 106 to 0 (details)

To limit the use of criminal records to determine whether an individual is eligible to get an occupational license mandated by the state, which is required to earn a living in many professions. Specifically, with some exceptions a licensing board or agency could not consider past civil judgments or lawsuits against an individual as evidence of a “lack of good moral character,” and also could not consider a criminal conviction, in and of itself, as conclusive evidence of this. This would not apply if the individual was convicted of a felony that is explicitly listed in statute as a disqualifying offense for the particular license, or the offense was directly related to the licensed profession. This is part of a legislative package comprised of House Bills 4488 to 4493.

Received in the Senate

Sept. 15, 2020

Referred to the Committee on Regulatory Reform

Oct. 1, 2020

Reported without amendment

With the recommendation that the bill pass.

Dec. 10, 2020

Passed in the Senate 38 to 0 (details)

To limit the use of criminal records to determine whether an individual is eligible to get an occupational license mandated by the state, which is required to earn a living in many professions. Specifically, with some exceptions a licensing board or agency could not consider past civil judgments or lawsuits against an individual as evidence of a “lack of good moral character,” and also could not consider a criminal conviction, in and of itself, as conclusive evidence of this. This would not apply if the individual was convicted of a felony that is explicitly listed in statute as a disqualifying offense for the particular license, or the offense was directly related to the licensed profession. This is part of a legislative package comprised of House Bills 4488 to 4493.

Signed by Gov. Gretchen Whitmer

Dec. 31, 2020