Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: H3/8/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1465
4
5 By: Representative Dotson
6 By: Senator Hester
7
8 For An Act To Be Entitled
9 AN ACT TO REQUIRE LICENSING ENTITIES TO CONSIDER THE
10 GOOD MORAL CHARACTER OF AN INDIVIDUAL BEFORE ISSUING
11 A LICENSE TO AN INDIVIDUAL; AND FOR OTHER PURPOSES.
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13
14 Subtitle
15 TO REQUIRE LICENSING ENTITIES TO CONSIDER
16 THE GOOD MORAL CHARACTER OF AN INDIVIDUAL
17 BEFORE ISSUING A LICENSE TO AN
18 INDIVIDUAL.
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20
21 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
22
23 SECTION 1. Arkansas Code 17-3-101, concerning definitions regarding
24 occupational criminal background checks, is amended to add an additional
25 subdivision to read as follows:
26 (4) Good moral character means a personal history of honesty,
27 trustworthiness, fairness, a good reputation for fair dealings, and respect
28 for the rights of others and for state and federal laws.
29
30 SECTION 2. Arkansas Code 17-3-102(d), concerning licensing
31 restrictions based on criminal records, is amended to read as follows:
32 (d) A licensing entity shall not, as a basis upon which a license may
33 be granted or denied:
34 (1) Use vague or generic terms, including without limitation the
35 phrases moral turpitude and good character; or
36 (2) Consider consider arrests without a subsequent conviction.
*JMB235* 03-08-2021 11:55:23 JMB235
As Engrossed: H3/8/21 HB1465
1
2 SECTION 3. Arkansas Code Title 17, Chapter 3, Subchapter 1, is amended
3 to add an additional section to read as follows:
4 17-3-105. Good moral character.
5 A licensing entity shall consider the good moral character of an
6 individual before issuing a license to the individual.
7
8 SECTION 4. DO NOT CODIFY. Rules.
9 (a) All licensing entities shall promulgate rules necessary to
10 implement this act.
11 (b)(1) When adopting the initial rules to implement this act, the
12 final rule shall be filed with the Secretary of State for adoption under
13 25-15-204(f):
14 (A) On or before January 1, 2022; or
15 (B) If approval under 10-3-309 has not occurred by
16 January 1, 2022, as soon as practicable after approval under 10-3-309.
17 (2) A licensing entity shall file the proposed rule with the
18 Legislative Council under 10-3-309(c) sufficiently in advance of January 1,
19 2022, so the Legislative Council may consider the rule for approval before
20 January 1, 2022.
21
22 /s/Dotson
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2 03-08-2021 11:55:23 JMB235

Statutes affected:
Old version HB1465 Original - 2-10-2021 10:29 AM: 17-3-101, 17-3-102(d)
Old version HB1465 V2 - 3-8-2021 11:55 AM: 17-3-101, 17-3-102(d)
HB 1465: 17-3-101, 17-3-102(d)
Old version of HB 1465 - 03-08-21: 17-3-101, 17-3-102(d)
Old version of HB 1465 - 02-10-21: 17-3-101, 17-3-102(d)