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Senate committee rejects measure to define "good moral character" for licensing boards after contested debate

PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE - SENATE · March 10, 2021
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Summary

HB 14-65 would have added a statutory definition of "good moral character" for licensing entities; proponents said it provides clarity, opponents warned it is subjective and could hinder reentry for people with convictions. The bill failed for lack of a second.

Representative Jim Dotson introduced HB 14-65, a bill to add a statutory definition of "good moral character" to guide licensing entities. The bill quotes a statutory standard describing good moral character as a record of honesty, trustworthiness, fairness and respect for laws, and directs licensing entities to consider the standard before issuing licenses.

Support and intent: Dotson said the definition draws from existing code and is intended to give licensing entities consistent guidance. "I think this sends a very strong message on where we stand as a state," he said, urging members to set high standards for people working in homes and in professional roles.

Opposition and concerns: Senators and outside witnesses pressed concerns that the standard is subjective and could be applied unevenly. Senator Sullivan described two teachers facing possible licensure loss after political activity; he warned agencies could create rules without sufficient guardrails. Thomas Snyder, an associate professor of economics at the University of Central Arkansas, testified against the bill and cited research showing that expanding licensing restrictions can reduce workforce reentry and may increase recidivism among people with criminal records. "If you're going to block them from coming into the workforce, then they're probably going to commit some more crime," Snyder testified, citing peer-reviewed research.

A key textual point: Committee members noted a provision that prohibits considering an arrest without conviction; they also discussed whether conviction history could nevertheless be used by licensing boards to deny licenses, potentially creating long-term barriers for rehabilitated applicants.

Outcome: The motion to pass HB 14-65 failed for lack of a second and the bill did not advance out of committee.

Next steps: With the bill not advancing, any sponsors seeking a statutory definition would need to address the concerns raised about subjectivity, due-process protections and the effect on workforce reentry.