Rep. Elgie R. Sims, Jr.

Filed: 5/11/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1688

2    AMENDMENT NO. ______. Amend Senate Bill 1688 on page 35,
3line 22, after "determine if", by inserting "a license may be
4denied because"; and
 
5on page 39, by replacing lines 6 through 9 with the following:
6        "(2) is sufficiently rehabilitated in cases in which
7    the applicant has not committed any act that is a ground
8    for denial, suspension, or revocation set forth in Section
9    500-70, other than convictions set forth in paragraph (6)
10    of subsection (a) of Section 500-70; with respect to
11    applicants with convictions set forth in paragraph (6) of
12    subsection (a) of Section 500-70, the Director shall
13    determine in accordance with Section 500-76 that the
14    conviction will not impair the ability of the applicant to
15    engage in the position for which a license is sought;"; and
 
16on page 41, line 17, by deleting "for licensees,"; and
 

 

 

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1on page 41, line 19, after "trust;", by inserting
2"consideration of such conviction of an applicant shall be in
3accordance with Section 500-76;"; and
 
4on page 45, line 21, after "determine if", by inserting "a
5license may be denied because"; and
 
6on page 48, by replacing line 12 with "in Section 1555, other
7than convictions set forth in paragraph (6) of subsection (a)
8of Section 1555; with respect to applicants with convictions
9set forth in paragraph (6) of subsection (a) of Section 1555,
10the Director shall determine in accordance with Section 1550
11that the conviction will not impair the ability of the
12applicant to engage in the position for which a license is
13sought;"; and
 
14on page 50, by replacing lines 13 through 15 with "license
15under this Act was previously convicted of a felony or
16misdemeanor involving dishonesty or fraud, shall consider any
17mitigating factors and evidence"; and
 
18on page 50, line 18, after "determine if", by inserting "a
19license may be denied because"; and
 
20on page 53, line 16, by deleting "for licensees,"; and
 

 

 

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1on page 53, line 19, after "public trust;" by inserting
2"consideration of such conviction of an applicant shall be in
3accordance with Section 1550;"; and
 
4on page 67, line 16, by deleting "of registration"; and
 
5on page 67, by replacing line 20 with "applicant, consideration
6of such conviction shall be in accordance with Section
71005-1;"; and
 
8on page 69, line 3, after "determine if", by inserting "a
9certificate may be denied because"; and
 
10on page 73, by replacing line 6 with "the Department may deny a
11license based on a conviction of any felony or a misdemeanor
12directly related to the practice of the profession if the
13Department determines in accordance with Section 15.1 that such
14conviction will impair the ability of the applicant to engage
15in the position for which a license is sought; ."; and
 
16on page 77, line 22, after "the Commission", by inserting "in
17accordance with Section 85"; and
 
18on page 79, line 19, after "Commission determines", by
19inserting "in accordance with Section 85"; and
 

 

 

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1on page 85, by replacing line 20 with "applicants, the
2Commission may refuse to issue a license or permit based on
3restrictions set forth in paragraph (2) of subsection (a) of
4Section 40 and subparagraph (B) of paragraph (1) of subsection
5(a) of Section 45, respectively, if the Commission determines
6in accordance with Section 85 that such conviction will impair
7the ability of the applicant to engage in the position for
8which a license or permit is sought."; and
 
9on page 87, by replacing line 20 with "crime, including those
10set forth in paragraph (2) of subsection (a) of Section 40 and
11subparagraph (B) of paragraph (1) of subsection (a) of Section
1245, respectively, the Commission, in evaluating whether the
13conviction"; and
 
14on page 94, line 10, after "determine if", by inserting "a
15license may be denied because"; and
 
16on page 98, by replacing lines 3 and 4 with "practice of
17interpreting. For applicants, consideration of such
18convictions shall be in accordance with Section 47."; and
 
19on page 108, by replacing lines 3 and 4 with "trust; for
20applicants, the Department may refuse to issue a license based
21on a conviction of any felony or a misdemeanor directly related

 

 

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1to the practice of the profession if the Department determines
2in accordance with Section 4 that such conviction will impair
3the ability of the applicant to engage in the position for
4which a license is sought;"; and
 
5on page 110, by replacing lines 12 and 13 with "rehabilitated
6to warrant the public trust; for applicants, the Department may
7refuse to issue a license based on a conviction of any felony
8or a misdemeanor directly related to the practice of the
9profession if the Department determines in accordance with
10Section 9.3 that such conviction will impair the ability of the
11applicant to engage in the position for which a license is
12sought;"; and
 
13on page 121, by replacing lines 1 and 2 with "warrant the
14public trust; for applicants, the Department may refuse to
15issue a license based on a conviction of a felony if the
16Department determines in accordance with Section 9.4 that such
17conviction will impair the ability of the applicant to engage
18in the position for which a license is sought;"; and
 
19on page 121, by replacing lines 5 and 6 with "dishonesty; for
20applicants, the Department may refuse to issue a license based
21on a conviction of a misdemeanor directly related to the
22practice of the profession if the Department determines in
23accordance with Section 9.4 that such conviction will impair

 

 

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1the ability of the applicant to engage in the position for
2which a license is sought;"; and
 
3on page 126, by replacing lines 20 and 21 with "applicant for a
4certificate of registration, the Department may refuse to issue
5a certificate of registration based on a conviction of a felony
6if the Department determines in accordance with Section 7.1
7that such conviction will impair the ability of the applicant
8to engage in the position for which a certificate of
9registration is sought;"; and
 
10on page 127, by replacing lines 1 and 2 with "for a certificate
11of registration, the Department may refuse to issue a
12certificate of registration based on conviction of a
13misdemeanor directly related to the practice of the profession
14if the Department determines in accordance with Section 7.1
15that such conviction will impair the ability of the applicant
16to engage in the position for which a certificate of
17registration is sought;"; and
 
18on page 170, by replacing line 1 with the following:
19    "(b) Conviction of a crime"; and
 
20on page 170, by replacing lines 5 and 6 with "radon progeny.
21Consideration of such conviction of an applicant shall be in
22accordance with Section 46.".