Minnesota Legislature
SF 2850
as introduced - 91st Legislature (2019 - 2020) Posted on 04/26/2019 09:55am
Current Version - as introduced
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18
2.19 2.20
2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14
4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17
5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31
6.1 6.2 6.3
6.4 6.5
A bill for an act
relating to occupational licensing; to provide a prerecognition petition for offenders
seeking state occupational licensing; proposing coding for new law in Minnesota
Statutes, chapter 214.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[214.50] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For the purposes of this chapter, the words defined in this section
have the meaning given.
new text end
new text begin Subd. 2. new text end
new text begin Board. new text end
new text begin
"Board" includes all state licensing boards or an agency or department
that issues an occupational license.
new text end
new text begin Subd. 3. new text end
new text begin Government certification. new text end
new text begin
"Government certification" means a voluntary,
government-granted, and nontransferable recognition to an individual who meets personal
qualifications related to a lawful occupation. Upon the government's initial and continuing
approval, the individual may use "government certified" or "state certified" as a title.
new text end
new text begin Subd. 4. new text end
new text begin Lawful occupation. new text end
new text begin
"Lawful occupation" means a course of conduct, pursuit,
or profession that includes the sale of goods or services that are not themselves illegal to
sell irrespective of whether the individual selling them is subject to an occupational
regulation.
new text end
new text begin Subd. 5. new text end
new text begin Occupational license. new text end
new text begin
"Occupational license" means a nontransferable
authorization in law for an individual to perform exclusively a lawful occupation for
compensation based on meeting personal qualifications. In an occupation for which a license
is required, it is illegal for an individual who does not possess a valid occupational license
to perform the occupation for compensation.
new text end
new text begin Subd. 6. new text end
new text begin Occupational regulation. new text end
new text begin
"Occupational regulation" means a statute, rule,
practice, policy, or other state law that allows an individual to use an occupational title or
work in a lawful occupation. It includes a government certification and occupational license.
It excludes a business license, facility license, building permit, or zoning and land use
regulation except to the extent those state laws regulate an individual's personal qualifications
to perform a lawful occupation.
new text end
new text begin Subd. 7. new text end
new text begin Personal qualifications. new text end
new text begin
"Personal qualifications" means criteria related to an
individual's personal background and characteristics. Personal qualifications may include
one or more of the following: completion of an approved educational program, satisfactory
performance on an examination, work experience, apprenticeship, other evidence of
attainment of requisite skills or knowledge, criminal record, and completion of continuing
education.
new text end
new text begin Subd. 8. new text end
new text begin State recognition. new text end
new text begin
"State recognition" means the government's grant or renewal
of an occupational title or authorization to work in a lawful occupation. It includes
government certification, an occupational license, and other recognition of an individual's
personal qualifications.
new text end
Sec. 2.
new text begin
[214.51] FUNDAMENTAL RIGHT.
new text end
new text begin
The right of an individual to pursue a lawful occupation is a fundamental right.
new text end
Sec. 3.
new text begin
[214.52] REVIEW OF CRIMINAL RECORD.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
This chapter supersedes any other statute or rule that denies,
diminishes, suspends, revokes, withholds, or otherwise limits state recognition because of
a criminal conviction.
new text end
new text begin Subd. 2. new text end
new text begin No automatic bar. new text end
new text begin
A board must not automatically bar an individual from state
recognition because of a criminal record and must provide individualized consideration.
new text end
new text begin Subd. 3. new text end
new text begin Information from a criminal record to be considered. new text end
new text begin
When considering
state recognition, a board may only consider a conviction of a nonexcluded crime that is a
felony or violent misdemeanor.
new text end
new text begin Subd. 4. new text end
new text begin Excluded information from a criminal record. new text end
new text begin
When considering state
recognition, a board must not consider:
new text end
new text begin
(1) nonconviction information from the criminal justice system including information
related to a deferred adjudication, participation in a diversion program, or an arrest not
followed by a conviction;
new text end
new text begin
(2) a conviction for which no sentence of incarceration can be imposed;
new text end
new text begin
(3) a conviction that has been sealed, dismissed, expunged, or pardoned;
new text end
new text begin
(4) a juvenile adjudication;
new text end
new text begin
(5) a nonviolent misdemeanor; or
new text end
new text begin
(6) a conviction that occurred more than three years before the date of the board's
consideration except for a conviction of:
new text end
new text begin
(i) a felony crime of violence under section 624.712, subdivision 5;
new text end
new text begin
(ii) a felony criminal sexual conduct under sections 609.341 to 609.3451; or
new text end
new text begin
(iii) a felony related to fraud or embezzlement under section 609.52, 609.527, 609.611,
609.631, 609.82, or 609.821.
new text end
new text begin Subd. 5. new text end
new text begin Rule of lenity. new text end
new text begin
(a) Any ambiguity in an occupational regulation relating to a
board's use of an individual's criminal record will be resolved in favor of the individual.
new text end
new text begin
(b) The board must not use vague terms in its consideration and decision including but
not limited to:
new text end
new text begin
(1) good moral character;
new text end
new text begin
(2) moral turpitude; or
new text end
new text begin
(3) character and fitness.
new text end
new text begin Subd. 6. new text end
new text begin Included information. new text end
new text begin
When considering state recognition, the board shall
consider the individual's current circumstances including:
new text end
new text begin
(1) the age of the individual when the individual committed the offense;
new text end
new text begin
(2) the time since the offense;
new text end
new text begin
(3) the completion of the criminal sentence;
new text end
new text begin
(4) a certificate of rehabilitation or good conduct;
new text end
new text begin
(5) completion of, or active participation in, rehabilitative drug or alcohol treatment;
new text end
new text begin
(6) testimonials and recommendations including a progress report from the individual's
probation or parole officer;
new text end
new text begin
(7) other evidence of rehabilitation;
new text end
new text begin
(8) education and training;
new text end
new text begin
(9) employment history;
new text end
new text begin
(10) employment aspirations;
new text end
new text begin
(11) the individual's current family responsibilities; and
new text end
new text begin
(12) other information that the individual submitted to the board.
new text end
new text begin Subd. 7. new text end
new text begin Totality of circumstances test. new text end
new text begin
(a) The board may deny, diminish, suspend,
revoke, withhold, or otherwise limit state recognition only if the board determines:
new text end
new text begin
(1) the state has an important interest in the regulation of a lawful occupation that is
directly, substantially, and adversely impaired by the individual's nonexcluded criminal
record as mitigated by the individual's current circumstances in subdivision 6; and
new text end
new text begin
(2) the state's interest outweighs the individual's fundamental right to pursue a lawful
occupation.
new text end
new text begin
(b) The board has the burden of making its decision by clear and convincing evidence.
new text end
Sec. 4.
new text begin
[214.53] PETITION FOR BOARD DETERMINATION PRIOR TO
OBTAINING PERSONAL QUALIFICATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Petition. new text end
new text begin
An individual with a criminal record may petition a board at
any time, including before obtaining any required personal qualifications, for a decision
whether the individual's criminal record will disqualify the individual from obtaining state
recognition.
new text end
new text begin Subd. 2. new text end
new text begin Content. new text end
new text begin
The individual must include in the petition the individual's criminal
record or authorize the board to obtain the individual's criminal record.
new text end
new text begin Subd. 3. new text end
new text begin Determination. new text end
new text begin
The board must make its decision under this section using the
criteria and process in section 214.52.
new text end
new text begin Subd. 4. new text end
new text begin Decision. new text end
new text begin
The board must issue its decision under this section no later than 60
days after the board receives the petition. The decision must be in writing and include the
criminal record, findings of fact, and conclusions of law.
new text end
new text begin Subd. 5. new text end
new text begin Binding effect. new text end
new text begin
A decision concluding that state recognition should be granted
or granted under certain conditions is binding on the board in any later ruling on state
recognition of the petitioner unless there is a relevant, material, and adverse change in the
petitioner's criminal record.
new text end
new text begin Subd. 6. new text end
new text begin Alternative advisory decision. new text end
new text begin
If the board decides that state recognition should
not be granted, the board may advise the petitioner of actions the petitioner may take to
remedy the disqualification.
new text end
new text begin Subd. 7. new text end
new text begin Reapplication. new text end
new text begin
The petitioner may submit a revised petition reflecting
completion of the remedial actions before a deadline the board sets in its alternative advisory
decision.
new text end
new text begin Subd. 8. new text end
new text begin Right to request hearing. new text end
new text begin
The petitioner has the right to contest the board's
decision by requesting a hearing as provided under chapter 14. Upon receiving the petitioner's
request, the board must refer the matter to an administrative law judge for a hearing under
chapter 14. The administrative law judge must make findings of fact and conclusions of
law and issue an order. The determination must be the final decision of the board.
new text end
new text begin Subd. 9. new text end
new text begin Appeal. new text end
new text begin
The final decision of the board may be appealed under chapter 14.
new text end
new text begin Subd. 10. new text end
new text begin Reapply. new text end
new text begin
The petitioner may submit a new petition to the board one year
following a final decision on the initial petition or upon obtaining the required personal
qualifications, whichever is earlier.
new text end
new text begin Subd. 11. new text end
new text begin Cost. new text end
new text begin
The board may charge a fee to the petitioner to recoup its costs not to
exceed $100 for each petition.
new text end
Sec. 5.
new text begin
[214.54] REPORTING.
new text end
new text begin
(a) The commissioner of administration must establish an annual reporting requirement
of the:
new text end
new text begin
(1) number of times that each board acted to deny, diminish, suspend, revoke, withhold,
or otherwise limit state recognition from a licensed individual because of a criminal
conviction;
new text end
new text begin
(2) offenses for which each board acted in clause (1);
new text end
new text begin
(3) number of applicants petitioning each board under section 214.53;
new text end
new text begin
(4) numbers of each board's approvals and denials under section 214.53;
new text end
new text begin
(5) offenses for which each board approved or denied petitions under section 214.53;
and
new text end
new text begin
(6) other data the commissioner determines applicable.
new text end
new text begin
(b) The commissioner shall compile and publish annually a report on a searchable public
website.
new text end
Sec. 6.
new text begin
[214.55] LIMITATION.
new text end
new text begin
Nothing in sections 214.50 to 214.54 shall be construed to require a private certification
organization to grant or deny private certification to any individual.
new text end
Sec. 7. new text begin EFFECTIVE DATE.
new text end
new text begin
This act is effective on August 1, 2019.
new text end