HF 272

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to the military and veterans; clarifying that a statute ensuring the
continuation of state licenses and certificates of registration for any trade,
employment, occupation, or profession while soldiers and certain essential
employees are engaged in active military service applies to licenses and
certificates of registration requiring firearms and use of force training; amending
Minnesota Statutes 2006, section 326.56, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 326.56, subdivision 2, is amended to read:

Subd. 2.

License or registration, renewal; exemption for military service.

new text begin (a) new text end Notwithstanding any other provision of statutes, any person required by law to be
licensed or registered by the state of Minnesota in order to carry on or practice a trade,
employment, occupation or profession within this state who is also required by law
to renew the license or certificate of registration at stated intervals and to pay a fee for
such renewal on or before a specified date, or be subject to revocation of the license or
certificate or other penalties, and who has been ordered into active military service, or who
has been engaged, or shall hereafter be engaged, in employment outside of the United
States essential to the prosecution of a war or to the national defense, whose license or
certificate of registration was effective at the time of the person's entry into active military
service or engagement in the employment, is hereby exempted from the payment of all
renewal fees and from the filing of any application for renewal, which but for this section
would have been required as a condition of the renewal of the license or certificate, during
the time the person has been in active military service or that employment, and from any
penalties for nonpayment or late payment, and is hereby exempted from further payment
of such renewal fees and from the making of any application for renewal during the period
the person shall remain in active military service or the employment, and for six months
thereafter. The license or certificate in the meantime shall remain in full force and effect,
and if it has been canceled or revoked solely on the basis of nonpayment of renewal fees
or failure to apply for a renewal, it shall be reinstated upon the application of the licensee
or registrant or by anyone on the person's behalf without the payment of any penalties
or costs. Any such person may within six months from the date of release from active
military service, or from the date of return within the boundaries of the United States if the
person has been engaged in the essential employment, make application for a renewal of
the license or certificate without penalty and in the same manner as if the person had made
application therefor at the time or time specified by existing laws, irrespective of whether
the license or certificate has expired or is due to expire within that time period.

new text begin (b) The phrase "license or certificate of registration" in paragraph (a) includes,
but is not limited to, a license or certificate of registration for a trade, employment,
occupation, or profession for which the state requires firearms and use of force training.
Any compensatory job-related education or training considered necessary by the licensee's
or registrant's employer must be provided and paid for by the employer and must not be
permitted to delay the licensee's or registrant's reemployment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to applications for renewal of licenses and certificates of registration on or
after that date.
new text end