Minnesota Legislature
HF 3343
as introduced - 88th Legislature (2013 - 2014) Posted on 04/07/2014 01:51pm
Current Version - as introduced
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A bill for an act
relating to occupations; allowing an individual to pursue a lawful occupation
based on meeting requirements needed to protect consumers; recognizing private
certification organizations; specifying requirements for private certification
organizations; allowing for use of factors in addition to personal qualifications;
authorizing rulemaking; creating civil and criminal penalties; proposing coding
for new law as Minnesota Statutes, chapter 213.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[213.01] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Scope. new text end
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For the purposes of this chapter, the terms defined in this
section have the meanings given.
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new text begin Subd. 2. new text end
new text begin Government. new text end
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"Government" means the state of Minnesota, a school
district, county, or home rule charter or statutory city.
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new text begin Subd. 3. new text end
new text begin Lawful occupation. new text end
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"Lawful occupation" means a course of conduct,
pursuit, or profession that includes the sale of goods or services that is not itself illegal
irrespective of an occupational regulation.
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new text begin Subd. 4. new text end
new text begin Occupational regulation. new text end
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"Occupational regulation" means a statute,
ordinance, rule, or other requirement in law that requires an individual to possess certain
personal qualifications to work in a lawful occupation.
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new text begin Subd. 5. new text end
new text begin Personal qualifications. new text end
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"Personal qualifications" means criteria related to
an individual's personal background, including completion of an approved educational
program, satisfactory performance on an examination, work experience, criminal history,
moral standing, and completion of continuing education.
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new text begin Subd. 6. new text end
new text begin Private certification. new text end
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"Private certification" means a voluntary program in
which a private certifying organization grants nontransferable recognition to an individual
to perform a lawful occupation within the scope of practice established by the private
certifying organization based on the individual possessing certain personal qualifications
that are established by the private certifying organization. The recognition may also be
based on consumer comments and other factors determined by the private certifying
organization.
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new text begin Subd. 7. new text end
new text begin Private certifying organization. new text end
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"Private certifying organization" means
a nongovernmental organization that allows an individual to apply for private certification
regardless of the individual's race, creed, color, ethnicity, national origin, religion, sex,
sexual orientation, or marital status.
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new text begin Subd. 8. new text end
new text begin Privately certified. new text end
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"Privately certified" means a designated title that an
individual may use if the individual is certified by a private certifying organization.
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Sec. 2.
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[213.02] RIGHT TO ENGAGE IN A LAWFUL OCCUPATION.
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new text begin Subdivision 1. new text end
new text begin Privation certification. new text end
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An individual who is certified by a private
certifying organization may engage in the lawful occupation for which that individual is
privately certified regardless of any occupational regulation enacted by the government.
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new text begin Subd. 2. new text end
new text begin Penalty prohibited. new text end
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The government shall not prohibit or impose a
penalty, fine, or fee on a privately certified individual for engaging in a lawful occupation
in compliance with this chapter.
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Sec. 3.
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[213.03] PRIVATE CERTIFYING ORGANIZATIONS; BOND.
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new text begin Subdivision 1. new text end
new text begin Eligibility. new text end
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In order to lawfully certify individuals under section
213.02, a private certifying organization shall:
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(1) publish on a publicly accessible Web site each of the following:
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(i) the scope of practice for each lawful occupation that the organization certifies;
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(ii) the personal qualifications that an individual must possess to become certified by
the private certifying organization;
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(iii) the other factors the private certifying organization uses to certify individuals.
This may include consumer comments, rankings, and other factors;
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(iv) the names, business addresses, and Web sites of all privately certified
individuals; and
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(v) the states in which the private certifying organization is registered;
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(2) require personal qualifications that are related to the lawful occupation for which
an individual is certified;
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(3) verify an individual's personal qualifications before certification and periodically
verify that the certified individual remains eligible for certification;
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(4) require a privately certified individual to prominently display the private
certification as required under section 213.04, subdivision 1, and to make available
materials about the personal qualifications and other factors required for the private
certification on request; and
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(5) have at least 50 privately certified individuals in active practice after one year in
operation.
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new text begin Subd. 2. new text end
new text begin Bond. new text end
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A private certifying organization may require individuals it certifies
to obtain and maintain a bond for liability that is related to the practice of the individual's
privately certified lawful occupation.
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new text begin Subd. 3. new text end
new text begin Registration. new text end
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A private certifying organization shall register with the
secretary of state. It shall provide the secretary of state with the organization's name,
address, officers, and the names of individuals initially privately certified. The secretary
of state may impose a registration fee to recoup costs and promulgate rules and forms to
facilitate reporting.
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new text begin Subd. 4. new text end
new text begin Fees. new text end
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A private certifying organization may require a privately certified
individual to pay initial and ongoing fees.
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Sec. 4.
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[213.04] SIGN; VIOLATION; CLASSIFICATION.
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new text begin Subdivision 1. new text end
new text begin Notice required. new text end
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(a) A privately certified individual who engages
in a lawful occupation for which the government has enacted an occupational regulation
must prominently display a sign with lettering that is at least one inch in height stating that
the individual is not licensed or otherwise occupationally regulated by the government.
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(b) A privately certified individual who is not licensed, registered, or certified by the
government shall not use the term "licensed," "certified," or "registered" to describe the
individual's credential or any words, titles, abbreviations, or letters which would induce a
reasonably knowledgeable consumer of such services to believe the privately certified
individual using them is occupationally regulated by the government. A privately certified
individual may use the term "privately certified" to describe the individual's credentials or
as part of a title or designation.
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new text begin Subd. 2. new text end
new text begin Penalty new text end
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A person who violates subdivision 1, paragraph (b), is guilty of a
misdemeanor and is subject to a fine of up to $2,500 or the penalty under section 213.05,
whichever is applicable.
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Sec. 5.
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[213.05] FALSE CLAIM; VIOLATION; CLASSIFICATION.
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An individual who knowingly and falsely claims to be privately certified pursuant
to this chapter is guilty of a felony and is subject to a fine of up to an amount equal to
the last 12 months of the individual's revenue from the lawful occupation or $5,000,
whichever is greater.
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Sec. 6.
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[213.06] ENFORCEMENT.
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(a) The secretary of state shall enforce this chapter and has the authority to terminate
the government's recognition of the private certifying organization for failure to meet the
requirements in section 213.03, subdivision 1.
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(b) The private certifying organization that continues to operate 90 days after failing
to meet the requirements in section 213.03, subdivision 1, is guilty of a felony and is
subject to a fine of up to $5,000.
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(c) Except to the extent that the laws require a privately certified individual to possess
personal qualifications established by the government to perform a lawful occupation, this
chapter does not limit the government's authority to enact and enforce laws relating to:
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(1) a business license or permit, facility license, building permit, or land use
regulation; and
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(2) public health, safety and environmental regulations, including the sale and use of
substances that present potential dangers to public health and safety including chemicals,
explosives, and pharmaceuticals.
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(d) Nothing in this chapter shall be construed to:
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(1) change the government's sole authority to require an individual to obtain and
maintain a government-issued driver's license and related insurance for personal or
commercial vehicle use;
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(2) limit damages in a private civil action against an individual who is privately
certified or who knowingly and falsely claims to be privately certified;
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(3) create a right of action against a private party or the government requiring
either to do business with an individual who is not licensed, certified, or registered with
the government; or
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(4) allow for private certification of occupations regulated by the federal government
or required by federal law to be regulated by the government.
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Sec. 7. new text begin EFFECTIVE DATE.
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Sections 1 to 6 are effective August 1, 2015.
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