HF 4135

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to the military; updating and clarifying language concerning renewal of
licenses and certificates by certain persons during war or national emergencies;
amending Minnesota Statutes 2004, section 326.56.

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

Section 1.

Minnesota Statutes 2004, section 326.56, is amended to read:

326.56 LICENSES, CERTIFICATES OF REGISTRATION; RENEWALS.

Subdivision 1.

Definitions.

For the purposes of this section the terms defined in
this subdivision shall have the meanings ascribed to them.

(1) new text begin "Active military service" has the meaning assigned in section 190.05, subdivision
5.
new text end

new text begin (2) new text end "Employment essential to the prosecution of deleted text begin any deleted text end new text begin a new text end war deleted text begin and deleted text end new text begin or new text end to the national
defense" means employment by the new text begin federal government of the new text end United States deleted text begin of America, deleted text end
new text begin or new text end any of its agencies, or deleted text begin any deleted text end new text begin by a federal government new text end contractor deleted text begin under the United States of
America, deleted text end or subcontractor deleted text begin under such contractor, deleted text end in work connected with the prosecution
of new text begin a new text end war or for the defense of the United States deleted text begin of America and others of the United
Nations during war deleted text end new text begin or its allies new text end .

deleted text begin (2) deleted text end new text begin (3) new text end "Outside of the United States" means outside of the territorial limits of the 50
states of the United States and the District of Columbia.

Subd. 2.

Trade licenses or registrations, renewals; exemption deleted text begin of members of
deleted text end new text begin for new text end armed forces new text begin and certain essential employees new text end .

deleted text begin Any person required by law to be
licensed or registered in order to carry on or practice a trade, employment, occupation or
profession in the state of Minnesota 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,
who has since the enactment by the Congress of the United States of the Selective
Service and Training Act of 1940 entered, or shall hereafter enter, the armed forces of
the United States of America, or who has since the enactment of said act been engaged,
or shall hereafter be engaged, in employment, outside of the United States, essential to
the prosecution of any war or to the national defense, whose license or certificate of
registration was effective at the time of entry into the armed forces or engagement in the
employment aforesaid, 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 such armed forces or in such 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 such armed forces or is engaged in such employment, and for a
further period of six months from discharge from the armed forces, if a member thereof,
or from the date of return within the boundaries of the United States if engaged in the
employment hereinbefore referred to. The license or certificate in the meantime shall
remain in full force and effect, and if it has been canceled or revoked since the date of
the enactment of the Selective Service and Training Act of 1940 solely on the ground 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 any one on the licensee's or registrant's
behalf without the payment of any penalties or costs. Any such person may within six
months from the date of release from the armed forces of the United States, if the person
has been a member of such armed forces, or from the date of return within the boundaries
of the United States if the person has been engaged in employment hereinbefore referred
to, 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. deleted text end new text begin (a) A person is exempt from the requirement to apply and pay fees for
the renewal of an occupational license or certificate if all the conditions in this subdivision
are met:
new text end

new text begin (1) the person is 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 in this state;
new text end

new text begin (2) the person is required to renew the license or certificate of registration at stated
intervals and to pay a fee for the renewal or be subject to the revocation of the license
or certificate or other penalties;
new text end

new text begin (3) the person has been ordered to active military service or has been engaged in
employment outside of the United States essential to the prosecution of a war or to the
national defense; and
new text end

new text begin (4) the person's license or certificate was effective at the time of the person's entry
into active military service or engagement in the employment.
new text end

new text begin (b) The exemption in paragraph (a) applies during the time the person is in active
military service or engaged in that essential employment and for six months thereafter.
new text end

new text begin (c) The person's license or certificate remains in force during the exemption period.
If the license or certificate has been canceled or revoked solely on the basis of nonpayment
of renewal fees, it must be reinstated without fee upon the application of the licensee or
registrant or anyone acting on the person's behalf.
new text end

new text begin (d) A person exempt under paragraph (a) may apply for renewal of the license or
certificate without penalty within six months from the date of release from active military
service or from the date of return within the United States if the person has been engaged
in essential employment, whether or not the license or certificate has expired or is due to
expire within that time.
new text end