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HF 2298

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 02:55pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to occupations and professions; regulating locksmiths and locksmith
services; proposing coding for new law as Minnesota Statutes, chapter 330A.

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

Section 1.

new text begin [330A.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin In this chapter, the terms in subdivisions 2 to 9 have the
meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Business. new text end

new text begin "Business" means a commercial entity that provides locksmith
services.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and industry.
new text end

new text begin Subd. 4. new text end

new text begin Employee. new text end

new text begin "Employee" means an individual employed by a licensed locksmith
to provide locksmith services on behalf of the licensed locksmith.
new text end

new text begin Subd. 5. new text end

new text begin Fixed business address. new text end

new text begin "Fixed business address" means a single physical
location where a licensee conducts business and at which the licensee or an employee of
the licensee is available:
new text end

new text begin (1) during normal business hours; or
new text end

new text begin (2) other hours as provided in the application for the license.
new text end

new text begin Subd. 6. new text end

new text begin License. new text end

new text begin "License" means a license issued by the commissioner to provide
locksmith services.
new text end

new text begin Subd. 7. new text end

new text begin Licensed locksmith. new text end

new text begin "Licensed locksmith" means, unless the context requires
otherwise, a business that is licensed by the commissioner to provide locksmith services.
new text end

new text begin Subd. 8. new text end

new text begin Local law enforcement unit. new text end

new text begin "Local law enforcement unit" means the State
Patrol, a police department in the state, or a sheriff in the state:
new text end

new text begin (1) designated by the county or municipal governing body for a licensee with an in-state
fixed business address; or
new text end

new text begin (2) designated by the commissioner for a licensee with an out-of-state fixed business
address.
new text end

new text begin Subd. 9. new text end

new text begin Provide locksmith services. new text end

new text begin "Provide locksmith services" means to engage
professionally and for compensation in:
new text end

new text begin (1) repairing, rebuilding, rekeying, repinning, recombinating, adjusting, or installing
mechanical, electrical, or electromechanical locking devices, safes, vaults, or safe deposit
boxes; or
new text end

new text begin (2) operating a mechanical, electrical, or electromechanical locking device or opening
safes, vaults, or safe deposit boxes by a means other than that intended by the manufacturer
of the locking devices.
new text end

Sec. 2.

new text begin [330A.02] PROHIBITED ACTS.
new text end

new text begin This chapter must not be construed to prohibit the following:
new text end

new text begin (1) bona fide sales demonstrations to locksmiths or locksmith suppliers by sales
representatives who are not licensed;
new text end

new text begin (2) emergency opening services by members of police departments, fire departments,
or other government agencies in their official line of duty in order to protect against loss of
life or property;
new text end

new text begin (3) the acquisition, making, or use of any key duplication or key blanks;
new text end

new text begin (4) the replacing of a removable or interchangeable core or recombinating a cylinder in
a lock that was specifically designed by the manufacturer to be changed by the end user by
use of a key;
new text end

new text begin (5) the installation, repair, replacement, or rebuilding of a lock by the manufacturer of
the lock;
new text end

new text begin (6) the installation, repair, replacement, or rebuilding of an automotive lock by an
automotive repair and service facility, the lock manufacturer, or the manufacturer's agent;
new text end

new text begin (7) the installation of locks by building trades personnel on projects that require a building
permit;
new text end

new text begin (8) the installation or replacement of locks by a retailer or the retailer's agent:
new text end

new text begin (i) on the premises of the retailer; or
new text end

new text begin (ii) off the premises of the retailer if the installation or replacement of locks is incidental
to the retailer's normal course of business;
new text end

new text begin (9) the installation or replacement of locks by a security systems technician who is
licensed under chapter 326B; and
new text end

new text begin (10) the installation, repair, replacement, rekeying, or adjusting of locks or lock
components for property by an employee or agent of the property owner or a management
company.
new text end

Sec. 3.

new text begin [330A.03] RULES.
new text end

new text begin The commissioner may adopt and enforce rules to carry out this chapter.
new text end

Sec. 4.

new text begin [330A.04] MONEY PAID INTO GENERAL FUND.
new text end

new text begin The commissioner must pay all money collected under this chapter into the general fund.
new text end

Sec. 5.

new text begin [330A.05] LICENSE REQUIRED.
new text end

new text begin Except as otherwise provided in this chapter, a business must be licensed by the
commissioner before the business and employees of the business provide locksmith services
in Minnesota.
new text end

Sec. 6.

new text begin [330A.06] APPLICATION.
new text end

new text begin Subdivision 1. new text end

new text begin By owner. new text end

new text begin The owner of a business or the owner's designee must apply
on behalf of the business for a license under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Form; photograph; documentation; fee. new text end

new text begin (a) An applicant for a license must:
new text end

new text begin (1) submit to the commissioner an application on the form that the commissioner provides;
new text end

new text begin (2) submit a passport-size photograph, taken within six months immediately preceding
the date of the filing of the application, of each of the following individuals:
new text end

new text begin (i) the owner of the business; and
new text end

new text begin (ii) each employee of the applicant;
new text end

new text begin (3) provide any other documents or information required by this section or required by
the commissioner; and
new text end

new text begin (4) pay to the commissioner an application fee set by the commissioner.
new text end

new text begin (b) The application fee is nonrefundable.
new text end

new text begin Subd. 3. new text end

new text begin Signing. new text end

new text begin The applicant owner or designee must sign the application under oath.
new text end

new text begin Subd. 4. new text end

new text begin Contents. new text end

new text begin In addition to any other information that the commissioner requires,
the application must state:
new text end

new text begin (1) the name, birth date, and residence address of the following individuals:
new text end

new text begin (i) the applicant owner or designee; and
new text end

new text begin (ii) each employee of the applicant;
new text end

new text begin (2) the fixed business address of the applicant;
new text end

new text begin (3) a telephone number at which the applicant can be reached during normal business
hours and, if applicable, an e-mail address;
new text end

new text begin (4) each address where the applicant has conducted any business during the 36 months
before application;
new text end

new text begin (5) the driver's license number of the applicant owner or designee and each employee
of the applicant; and
new text end

new text begin (6) the name of the insurer and policy number of the general liability insurance coverage
required under section 330A.08.
new text end

new text begin Subd. 5. new text end

new text begin False statements. new text end

new text begin The application form provided by the commissioner must
contain a statement advising the applicant that willfully making a false statement on an
application is a misdemeanor subject to a fine, imprisonment, or both, as provided under
section 330A.25.
new text end

Sec. 7.

new text begin [330A.07] REQUIREMENTS BEFORE EMPLOYEE CAN WORK FOR
LICENSEE.
new text end

new text begin Before an individual may begin work for a licensee as an employee:
new text end

new text begin (1) the licensee must submit to the commissioner, on the form that the commissioner
provides, the individual's name; and
new text end

new text begin (2) the individual must consent to a criminal background check to be conducted by the
Bureau of Criminal Apprehension and pay the required fee.
new text end

Sec. 8.

new text begin [330A.08] GENERAL LIABILITY INSURANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirements. new text end

new text begin A licensed locksmith must maintain general liability
insurance:
new text end

new text begin (1) in the amount of at least $300,000;
new text end

new text begin (2) with coverage appropriate for the individual's circumstances; and
new text end

new text begin (3) in accordance with the rules adopted by the commissioner under this section.
new text end

new text begin Subd. 2. new text end

new text begin Notice of cancellation. new text end

new text begin A licensee must notify the commissioner of insurance
cancellation at least ten days before the effective date of the cancellation.
new text end

Sec. 9.

new text begin [330A.09] LICENSE.
new text end

new text begin Subdivision 1. new text end

new text begin Issuance. new text end

new text begin The commissioner must issue a license to an applicant that
meets the requirements of this chapter and on receipt of:
new text end

new text begin (1) a complete criminal background check in accordance with section 330A.07; and
new text end

new text begin (2) documentation of current general liability insurance in the amount required under
section 330A.08.
new text end

new text begin Subd. 2. new text end

new text begin Form and content. new text end

new text begin The commissioner must determine the size, form, and
content of a license certificate the commissioner issues.
new text end

new text begin Subd. 3. new text end

new text begin General limitations. new text end

new text begin The commissioner may issue a license only if the applicant
has a fixed business address. The commissioner must not issue a license to an applicant that
provides an address that is:
new text end

new text begin (1) a hotel or motel room;
new text end

new text begin (2) a motor vehicle;
new text end

new text begin (3) a post office box; or
new text end

new text begin (4) a location that does not meet the qualifications of a fixed business address, as defined
in section 330A.01, subdivision 5.
new text end

new text begin Subd. 4. new text end

new text begin Minors. new text end

new text begin The commissioner must not issue a license to an individual who is 18
years old or younger.
new text end

new text begin Subd. 5. new text end

new text begin Nontransferability. new text end

new text begin A license issued under this chapter is not transferable.
new text end

Sec. 10.

new text begin [330A.10] PHOTO IDENTIFICATION CARD.
new text end

new text begin Subdivision 1. new text end

new text begin Issuance. new text end

new text begin Each licensed locksmith must issue a photo identification card
to each individual providing locksmith services on behalf of the licensed locksmith, including
each individual identified as an employee of the licensed locksmith under section 330A.07.
new text end

new text begin Subd. 2. new text end

new text begin Size, form, and content. new text end

new text begin (a) Subject to paragraph (b), the licensed locksmith
must determine the size, form, and content of a photo identification card that the licensed
locksmith issues.
new text end

new text begin (b) The photo identification card issued by a licensed locksmith under this section must:
new text end

new text begin (1) be composed of durable material;
new text end

new text begin (2) include a current passport-size photograph of the individual to whom the photo
identification card is issued; and
new text end

new text begin (3) include the license number and license expiration date of the licensed locksmith's
license.
new text end

Sec. 11.

new text begin [330A.11] SCOPE.
new text end

new text begin While a license is in effect, the license authorizes the licensee and the employees of the
licensee to provide locksmith services in Minnesota.
new text end

Sec. 12.

new text begin [330A.12] TERM AND RENEWAL.
new text end

new text begin Subdivision 1. new text end

new text begin Issuance. new text end

new text begin A license is issued for a term of one year.
new text end

new text begin Subd. 2. new text end

new text begin Condition. new text end

new text begin Unless a licensee meets the insurance requirements of section
330A.08, the commissioner must not renew the license of the licensee.
new text end

new text begin Subd. 3. new text end

new text begin Expiration. new text end

new text begin (a) Unless a license is renewed for a one-year term as provided in
this section, the license expires on the first anniversary of the effective date of the license.
new text end

new text begin (b) A licensee that meets the requirements of this section may obtain a renewal of a
license before the license expires for an additional one-year term.
new text end

new text begin (c) Once expired, a license must not be renewed.
new text end

new text begin Subd. 4. new text end

new text begin Mailing. new text end

new text begin At least 60 days before a license expires, the commissioner must mail
to the licensee, at the last known address of the licensee:
new text end

new text begin (1) a renewal application form;
new text end

new text begin (2) a form that allows a licensee to update the information submitted in the original
application or state that the information is current and accurate;
new text end

new text begin (3) except as provided in subdivision 5, a form that requires the licensee to agree to
continue to comply with each requirement applicable to the original application; and
new text end

new text begin (4) a notice that states:
new text end

new text begin (i) the date on which the current license expires;
new text end

new text begin (ii) the date by which the commissioner must receive the renewal application for the
renewal to be issued and mailed before the license expires; and
new text end

new text begin (iii) the amount of the renewal fee.
new text end

new text begin Subd. 5. new text end

new text begin Criminal background check. new text end

new text begin The commissioner may require a licensee to
submit a criminal background check with the renewal application.
new text end

new text begin Subd. 6. new text end

new text begin Commissioner's duty. new text end

new text begin The commissioner must renew the license of a licensee
who meets the requirements of this section.
new text end

new text begin Subd. 7. new text end

new text begin Change of fixed business address. new text end

new text begin (a) A licensee may change the fixed business
address for which a license is issued only if the licensee:
new text end

new text begin (1) submits to the commissioner an application to transfer the license to a new business
location on a form that the commissioner provides; and
new text end

new text begin (2) receives the written approval of the commissioner.
new text end

new text begin (b) Within 45 days after the application is filed with the commissioner, the commissioner
must approve or disapprove the application and notify the licensee in writing of the approval
or disapproval.
new text end

new text begin (c) If the commissioner approves a proposed change of fixed business address, the
licensee must:
new text end

new text begin (1) submit to the commissioner a current list of names of each employee to be employed
at the new location; and
new text end

new text begin (2) attach the written approval of the commissioner to the license until an amended
license is received by the licensee.
new text end

new text begin Subd. 8. new text end

new text begin Staggered terms. new text end

new text begin The commissioner may determine that licenses issued under
this chapter expire on a staggered basis.
new text end

Sec. 13.

new text begin [330A.13] OTHER REQUIREMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Display. new text end

new text begin A licensee must display the license conspicuously in the place
of business of the licensee.
new text end

new text begin Subd. 2. new text end

new text begin Photo identification card. new text end

new text begin (a) A licensee and an employee of a licensee must:
new text end

new text begin (1) carry a valid photo identification card issued by a licensed locksmith under section
330A.10 at all times the licensee or employee of a licensee is engaged in providing locksmith
services; and
new text end

new text begin (2) display the valid photo identification card as required by rule.
new text end

new text begin (b) If a photo identification card is lost or destroyed, the licensee must immediately
notify the licensed locksmith that issued the photo identification card.
new text end

new text begin Subd. 3. new text end

new text begin Change of name. new text end

new text begin (a) To change the name of a licensee on a license, a licensee
must submit to the commissioner:
new text end

new text begin (1) an application on the form provided by the commissioner;
new text end

new text begin (2) the license of the licensee;
new text end

new text begin (3) any documentation about the name change that the commissioner requires; and
new text end

new text begin (4) the fee set by the commissioner.
new text end

new text begin (b) On receipt of the application, fee, and any required documentation, the commissioner
must issue a new license bearing the new name of the licensee.
new text end

Sec. 14.

new text begin [330A.14] DENIAL, REPRIMAND, SUSPENSION, REVOCATION.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds. new text end

new text begin (a) Subject to the hearing provisions of section 330A.15, the
commissioner may deny a license to an applicant, reprimand a licensee, or suspend or revoke
a license if the applicant or licensee or an agent, employee, manager, or partner of the
applicant or licensee:
new text end

new text begin (1) fraudulently or deceptively obtains or attempts to obtain a license or photo
identification card for the applicant or licensee or for another person;
new text end

new text begin (2) fraudulently or deceptively uses a license or photo identification card;
new text end

new text begin (3) presents or attempts to present the license or photo identification card of another
licensee or employee of a licensee as the applicant's or licensee's license or photo
identification card;
new text end

new text begin (4) uses or attempts to use an expired, suspended, or revoked license or false photo
identification card;
new text end

new text begin (5) has a similar license or certificate denied, suspended, or revoked in another
jurisdiction;
new text end

new text begin (6) under the laws of the United States or of any state, is convicted of a:
new text end

new text begin (i) felony; or
new text end

new text begin (ii) misdemeanor that is directly related to the fitness and qualification of the applicant
or licensee to be involved in providing locksmith services;
new text end

new text begin (7) knowingly employs or knowingly continues to employ an individual who, under the
laws of the United States or of any state, is convicted of:
new text end

new text begin (i) a felony that is directly related to the fitness and qualification of the employee to be
involved in providing locksmith services; or
new text end

new text begin (ii) a misdemeanor that is directly related to the fitness and qualification of the employee
to be involved in providing locksmith services;
new text end

new text begin (8) fails to maintain the liability insurance required under section 330A.08;
new text end

new text begin (9) engages in a pattern of unfair or deceptive trade practices, as determined by a final
administrative order or judicial decision;
new text end

new text begin (10) knowingly uses or permits the use of any of the licensee's or an employee of a
licensee's skills, tools, or facilities for the commission of any crime;
new text end

new text begin (11) willfully fails to provide or willfully misrepresents any information required to be
provided under this chapter;
new text end

new text begin (12) violates this chapter; or
new text end

new text begin (13) violates a rule adopted under this chapter.
new text end

new text begin (b) Instead of or in addition to reprimanding a licensee or suspending or revoking a
license under this subdivision, the commissioner may impose a penalty not exceeding $5,000
for each violation. To determine the amount of the penalty imposed under this chapter, the
commissioner must consider:
new text end

new text begin (1) the seriousness of the violation;
new text end

new text begin (2) the harm caused by the violation;
new text end

new text begin (3) the good faith of the licensee; and
new text end

new text begin (4) any history of previous violations by the licensee.
new text end

new text begin (c) The commissioner must pay any penalty collected under this chapter into the general
fund of the state.
new text end

new text begin Subd. 2. new text end

new text begin Special grounds. new text end

new text begin The commissioner must consider the following factors when
granting, denying, renewing, suspending, or revoking a license or reprimanding an applicant
or licensee when an applicant or licensee is convicted of a felony or misdemeanor described
in subdivision 1, paragraph (a), clause (6):
new text end

new text begin (1) the nature of the crime;
new text end

new text begin (2) the relationship of the crime to the activities authorized by the license;
new text end

new text begin (3) with respect to a felony, the relevance of the conviction to the fitness and qualification
of the applicant or licensee to act as a locksmith;
new text end

new text begin (4) the length of time since the conviction; and
new text end

new text begin (5) the behavior and activities of the applicant or licensee before and after the conviction.
new text end

Sec. 15.

new text begin [330A.15] NOTICE AND HEARING.
new text end

new text begin Subdivision 1. new text end

new text begin Hearing. new text end

new text begin Before the commissioner takes any final action under section
330A.14, the commissioner must give the person against whom the action is contemplated
an opportunity for a hearing before the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin The commissioner must give notice and hold the hearing in accordance
with the contested case provisions of chapter 14.
new text end

Sec. 16.

new text begin [330A.16] APPEAL.
new text end

new text begin A person aggrieved by a final decision of the commissioner in a contested case may
appeal as allowed in chapter 14.
new text end

Sec. 17.

new text begin [330A.17] INFORMATION TO LOCAL LAW ENFORCEMENT UNIT.
new text end

new text begin The commissioner must inform each local law enforcement unit of each license that is
issued, renewed, changed to a new business location, denied, suspended, or revoked.
new text end

Sec. 18.

new text begin [330A.18] INFORMATION REQUIRED ON INVOICE.
new text end

new text begin A licensed locksmith must include on each invoice or receipt for services the following
information regarding each service call:
new text end

new text begin (1) the address where the services were provided by the locksmith;
new text end

new text begin (2) the type of lock being serviced;
new text end

new text begin (3) the vehicle identification number, if applicable;
new text end

new text begin (4) the quoted cost of the service provided to the customer prior to agreeing to provide
the service; and
new text end

new text begin (5) the actual cost of the service paid by the customer.
new text end

Sec. 19.

new text begin [330A.19] COPY OF INVOICE TO BE KEPT AT FIXED BUSINESS
ADDRESS.
new text end

new text begin Unless otherwise authorized by the commissioner, a licensed locksmith must keep a
copy of each invoice or receipt for services required by this chapter. The invoice or receipt
must be retained for three years after the date of the service call, and must be stored at the
fixed business address provided by the licensee to the commissioner. On reasonable notice
from the commissioner, a licensed locksmith must make required records available for
inspection by the commissioner.
new text end

Sec. 20.

new text begin [330A.20] COPY OF INVOICE TO BE PROVIDED TO LOCAL LAW
ENFORCEMENT UNIT OR DEPARTMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin (a) A licensed locksmith must provide to a local law
enforcement unit or the department a copy of each invoice or receipt for services requested
by either a local law enforcement unit or the department.
new text end

new text begin (b) The commissioner must encourage licensed locksmiths to develop a system to
electronically maintain the records required by this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Methods. new text end

new text begin On a request for an invoice or a receipt for services under subdivision
1, the licensed locksmith must submit the item by one of the following methods:
new text end

new text begin (1) by delivering or mailing a copy of the invoice or receipt for services within five
business days after receiving the request; or
new text end

new text begin (2) by transmitting a copy of the invoice or receipt for services electronically, in a format
acceptable to the receiving local law enforcement unit or the department, within two business
days after receiving the request.
new text end

new text begin Subd. 3. new text end

new text begin Information included. new text end

new text begin Each copy of an invoice or receipt for services, submitted
to the local law enforcement unit or the department, must include:
new text end

new text begin (1) the license number of the licensed locksmith; and
new text end

new text begin (2) the information required under section 330A.18.
new text end

new text begin Subd. 4. new text end

new text begin Confidentiality. new text end

new text begin A copy of an invoice or receipt for services submitted under
this section must be kept confidential and is not a public record.
new text end

new text begin Subd. 5. new text end

new text begin Destruction. new text end

new text begin A local law enforcement unit or the department may destroy the
copy of an invoice or receipt for services submitted under this section after one year from
the date the local law enforcement unit or the department receives the copy.
new text end

Sec. 21.

new text begin [330A.21] ADVERTISING REQUIREMENTS.
new text end

new text begin Each locksmith advertisement, business card, or any other means of providing notice to
the public of the business providing locksmith services must include the name of the licensed
locksmith and the license number of the licensed locksmith.
new text end

Sec. 22.

new text begin [330A.22] KNOWING USE OF SKILLS, TOOLS, OR FACILITIES TO
AID UNLICENSED LOCKSMITH.
new text end

new text begin A person must not knowingly use or permit the use of, for the commission of a crime,
the licensee's or an employee of the licensee's skills, tools, or facilities to aid or abet an
unlicensed locksmith in any activity for which a locksmith license is required.
new text end

Sec. 23.

new text begin [330A.23] DISREGARD BUILDING OR SAFETY LAWS.
new text end

new text begin A licensed locksmith or employee of a licensed locksmith must not willfully or
deliberately disregard any state or local building code or safety laws.
new text end

Sec. 24.

new text begin [330A.24] FAILURE TO COMPLETE WORK.
new text end

new text begin A licensed locksmith or employee of a licensed locksmith must not fail in any material
respect to complete the installation, repair, opening, or modification of a lock for the price
stated in the contract for services.
new text end

Sec. 25.

new text begin [330A.25] PENALTIES.
new text end

new text begin Except for a violation of section 330A.26, paragraph (a), a person that violates any
provision of this chapter is guilty of a misdemeanor and on conviction is subject to a fine
not exceeding $10,000, imprisonment not exceeding two years, or both.
new text end

Sec. 26.

new text begin [330A.26] UNAUTHORIZED PRACTICE.
new text end

new text begin (a) Except as otherwise provided in this chapter, a person must not act as, offer to act
as, hold oneself out as, or impersonate a locksmith in Minnesota unless the person is a
licensee or employee of a licensee.
new text end

new text begin (b) A person that violates this section is guilty of a misdemeanor. On first conviction, a
person that violates this section is subject to a fine not exceeding $1,000. On second or
subsequent conviction, a person that violates this section is subject to a fine not exceeding
$5,000.
new text end

Sec. 27.

new text begin [330A.27] CIVIL ADMINISTRATIVE ACTION.
new text end

new text begin (a) Subject to the notice and hearing provisions of section 330A.15, the commissioner
may bring a civil administrative action against a person that violates section 330A.26,
paragraph (a).
new text end

new text begin (b) After a hearing, if the commissioner finds that a person has violated section 330A.26,
paragraph (a), the commissioner may:
new text end

new text begin (1) order the person to cease and desist from unlawful practice; and
new text end

new text begin (2) impose a civil penalty not exceeding $100 for each day of unlawful practice.
new text end

new text begin (c) Any person aggrieved by a decision and order of the commissioner under this section
may appeal under section 330A.16.
new text end

Sec. 28.

new text begin [330A.28] REPEATED VIOLATIONS.
new text end

new text begin (a) This section applies only if there is no greater criminal penalty provided under this
chapter or other applicable law.
new text end

new text begin (b) A person that engages in repeated violations of the provisions of this chapter is guilty
of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.
new text end