H1477B3005A04343 SFR:JSL 12/16/19 #90 A04343
AMENDMENTS TO HOUSE BILL NO. 1477
Sponsor: REPRESENTATIVE DELOZIER
Printer's No. 3005
Amend Bill, page 5, lines 24 through 26, by striking out all
of said lines and inserting
Section 1. Section 9124(a), (b)(2) and (c) introductory
paragraph of Title 18 of the Pennsylvania Consolidated Statutes
are amended and the section is amended by adding a subsection to
read:
Amend Bill, page 6, lines 15 and 16, by striking out
"SUPPLEMENTARY PROVISIONS REGARDING " and inserting
consideration of
Amend Bill, page 7, by inserting between lines 4 and 5
(c) State action authorized.--[Boards,] Except as provided
in 63 Pa.C.S. § 3113 (relating to consideration of criminal
convictions), boards, commissions or departments of the
Commonwealth authorized to license, certify, register or permit
the practice of trades, occupations or professions may refuse to
grant or renew, or may suspend or revoke any license,
certificate, registration or permit for the following causes:
* * *
Amend Bill, page 7, line 29, by striking out "SUPPLEMENTARY
PROVISIONS REGARDING CRIMINAL CONVICTIONS." and inserting
Consideration of criminal convictions.
Amend Bill, page 25, line 26, by inserting after "LICENSE"
or a cosmetology license
Amend Bill, page 25, lines 27 and 28, by striking out
"SECTION 3(A) OF "
Amend Bill, page 25, lines 29 and 30; page 26, line 1; by
striking out "THAT AN APPLICANT FOR A" in line 29 and all of
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line 30 on page 25 and "4(A) OF" in line 1 on page 26 and
inserting
in the practice of cosmetology under
Amend Bill, page 31, line 30; page 32, lines 1 through 15; by
striking out all of said lines on said pages and inserting
§ 3113. Consideration of criminal convictions.
(a) Applicability.--This section shall apply to licensing
boards and licensing commissions notwithstanding the following:
(1) Any other statutory provision to the contrary
regarding the consideration of good moral character, crimes
of moral turpitude or ethical or honest practice with respect
to disqualification of licensure due to criminal conviction.
(2) 18 Pa.C.S. § 9124(c) (relating to use of records by
licensing agencies).
(3) Any other statutory provision that disqualifies an
individual from holding a license, certificate, registration
or permit due to the individual's criminal conviction.
(a.1) Consideration.--A licensing board or licensing
commission may not consider the provisions specified under
subsection (a) in determining whether an individual qualifies
for a license, certificate, registration or permit but instead
shall determine the individual's qualification for a license,
certificate, registration or permit in accordance with the
procedures specified under this section.
Amend Bill, page 36, line 27, by striking out "10" and
inserting
50
Amend Bill, page 36, line 27, by striking out "21" and
inserting
51
Amend Bill, page 36, line 29, by inserting after "SECTION "
3 or
Amend Bill, page 37, line 1, by striking out "10" and
inserting
100
Amend Bill, page 37, line 4, by striking out "10" and
inserting
100
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Amend Bill, page 37, line 17, by striking out "10" and
inserting
100
Amend Bill, page 38, line 2, by striking out "FIVE" and
inserting
50
Amend Bill, page 38, line 8, by striking out "100" and
inserting
1,000
Amend Bill, page 38, line 9, by striking out "30" and
inserting
300
Amend Bill, page 38, line 12, by striking out "FIVE" and
inserting
10
Amend Bill, page 38, by inserting between lines 12 and 13
(8) Carfentanil or a mixture containing carfentanil, if
the aggregate weight of the compound or mixture containing
the carfentanil is one gram or more.
Amend Bill, page 40, line 20, by striking out "PROCEEDINGS"
and inserting
proceeding
Amend Bill, page 40, line 20, by striking out "JUDGMENT" and
inserting
criminal conviction
Amend Bill, page 41, line 4, by inserting after "THAT"
, except with regard to the detailed description under
subsection (a)(2)(ii) and as specified under paragraph (4),
Amend Bill, page 41, lines 5 through 8, by striking out all
of said lines and inserting
(4) The determination by the licensing board or
licensing commission shall be binding, subject to:
(i) A review of criminal history record information
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submitted during the application process.
(ii) Section 3113 (relating to consideration of
criminal convictions).
Amend Bill, page 42, line 30; page 43, line 1, by striking
out "SUPPLEMENTARY PROVISIONS REGARDING" and inserting
consideration of
Amend Bill, page 43, line 19, by inserting after "ISSUE"
or renew
Amend Bill, page 45, lines 13 and 14, by striking out
"SUPPLEMENTARY PROVISIONS REGARDING " and inserting
consideration of
Amend Bill, page 45, lines 24 and 25, by striking out
"SUPPLEMENTARY PROVISIONS REGARDING " and inserting
consideration of
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