HF 2063

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to higher education; prohibiting issuance, manufacture, or use of false or
fraudulent academic credentials; prescribing penalties; proposing coding for new
law in Minnesota Statutes, chapter 136A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [136A.675] FALSE OR FRAUDULENT ACADEMIC DOCUMENT
OR CREDENTIAL; PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.
new text end

new text begin (b) "False academic credential" means a document such as a degree, diploma,
certificate, list of coursework, or degree credit, including a transcript, that provides
evidence or demonstrates completion of a course of instruction or coursework that results
in attaining a degree at a level of associate or higher which is issued by a person or
institution that is not approved or authorized to issue the degree by the Office of Higher
Education.
new text end

new text begin (c) "Fraudulent or counterfeit academic credential" means a document such as a
degree, diploma, certificate, list of coursework, or degree credit, including a transcript, that
provides evidence or demonstrates completion of a course of instruction or coursework
that results in attaining a degree at a level of associate or higher which has been altered or
modified after its issuance by a duly approved or authorized institution of higher learning.
new text end

new text begin (d) "Duly approved or authorized institution of higher learning" means an institution
that:
new text end

new text begin (1) is approved to operate under sections 136A.61 to 136A.71 or chapter 141;
new text end

new text begin (2) has authorization to operate in this state issued by another Minnesota state
agency that has authority to authorize the operation of a postsecondary institution;
new text end

new text begin (3) is a Minnesota public postsecondary institution;
new text end

new text begin (4) operates in this state and is exempt from this chapter;
new text end

new text begin (5) does not operate in this state and is licensed or otherwise authorized by the
appropriate state agency in its state of domicile if the state's degree-granting criteria are
equivalent to this state's or has been determined by the office to meet academic standards
comparable to those of an institution located in this state that has accreditation recognized
by the United States Department of Education; or
new text end

new text begin (6) does not operate within the United States but has been determined by the office
to meet academic standards comparable to those of an institution located in this state that
has accreditation recognized by the United States Department of Education.
new text end

new text begin Subd. 2. new text end

new text begin False, fraudulent, counterfeit academic documents. new text end

new text begin It is unlawful for
any person to knowingly issue or manufacture a false, fraudulent, or counterfeit academic
document, including degrees or student academic transcripts.
new text end

new text begin Subd. 3. new text end

new text begin Use or claim; false or counterfeit degree. new text end

new text begin It is unlawful for a person to
knowingly use or claim to have a degree which is false or counterfeit:
new text end

new text begin (1) to obtain employment;
new text end

new text begin (2) to obtain a promotion or higher compensation in employment;
new text end

new text begin (3) to obtain admission to an institution of higher learning; or
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new text begin (4) in connection with any business, trade, profession, or occupation.
new text end

new text begin Subd. 4. new text end

new text begin Penalties. new text end

new text begin A person who commits an act described in subdivision 2 or 3 is
guilty of a misdemeanor.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective August 1, 2007, and applies to crimes committed on or after
that date.
new text end