1.1                          A bill for an act 
  1.2             relating to employment; removing references to search 
  1.3             firms in the employment agencies law; amending 
  1.4             Minnesota Statutes 2000, sections 184.29; 184.30, 
  1.5             subdivision 1; 184.38, subdivisions 6, 8, 9, 10, 11, 
  1.6             17, 18, and 20; 184.41; repealing Minnesota Statutes 
  1.7             2000, sections 184.22, subdivisions 2, 3, 4, and 5; 
  1.8             184.37, subdivision 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 184.29, is 
  1.11  amended to read: 
  1.12     184.29 [FEES.] 
  1.13     Before a license is granted to an applicant, the applicant 
  1.14  shall pay the following fee: 
  1.15     (a) An employment agent shall pay an annual license fee of 
  1.16  $250 for each license.  
  1.17     (b) ~~A search firm exempt under section 184.22, subdivision~~ 
  1.18  ~~2, shall pay an annual registration fee of $250, accompanying~~ 
  1.19  ~~the annual statement to the commissioner.~~  
  1.20     ~~(c)~~ An applicant for a counselor's license shall pay a 
  1.21  license fee of $20 and a renewal fee of $10.  
  1.22     ~~(d)~~ (c) An applicant for an employment agency manager's 
  1.23  license shall pay a license fee of $20 and a renewal fee of $10. 
  1.24     Sec. 2.  Minnesota Statutes 2000, section 184.30, 
  1.25  subdivision 1, is amended to read: 
  1.26     Subdivision 1.  Every application for an employment 
  1.27  agency's license, and every annual report required to be filed 
  2.1   under section 184.22, subdivision 2, must be accompanied by a 
  2.2   surety bond approved by the department in the amount of $10,000 
  2.3   for each location~~; except, that for a search firm, the bond is~~ 
  2.4   ~~required only for the first five years of registration.  For a~~ 
  2.5   ~~search firm that was previously licensed as an employment~~ 
  2.6   ~~agency, the bond is required only until the firm has met the~~ 
  2.7   ~~bond requirement as an agency or as a search firm for a total of~~ 
  2.8   ~~at least five years~~.  The bond must be filed in the office of 
  2.9   the secretary of state and conditioned that the employment 
  2.10  agency and each member, shareholder, director, or officer of a 
  2.11  firm, partnership, corporation, or association operating as an 
  2.12  employment agency will comply with the provisions of sections 
  2.13  184.21 to 184.40 and any contract made by the employment agent 
  2.14  in the conduct of the business.  A person damaged by a breach of 
  2.15  any condition of the bond may bring an action on the bond, and 
  2.16  successive actions may be maintained on it. 
  2.17     Sec. 3.  Minnesota Statutes 2000, section 184.38, 
  2.18  subdivision 6, is amended to read: 
  2.19     Subd. 6.  (a) No employment agent ~~or search firm~~ shall send 
  2.20  out any applicant for employment without having obtained a job 
  2.21  order, and if no employment of the kind applied for existed at 
  2.22  the place to which the applicant was directed, the employment 
  2.23  agent ~~or search firm~~ shall refund to the applicant, within 48 
  2.24  hours of demand, any sums paid by the applicant for 
  2.25  transportation in going to and returning from the place. 
  2.26     (b) Nothing in this chapter shall be construed to prevent 
  2.27  an employment agent ~~or search firm~~ from directing an applicant 
  2.28  to an employer where the employer has previously requested 
  2.29  interviews with applicants of certain types and qualifications, 
  2.30  even though no actual vacancy existed in the employer's 
  2.31  organization at the time the applicant was so directed; nor 
  2.32  shall it prevent the employment agent ~~or search firm~~ from 
  2.33  attempting to sell the services of an applicant to the employer 
  2.34  even though no order has been placed with the employment agent 
  2.35  ~~or search firm~~; provided, that prior to scheduling an interview 
  2.36  with an employer, when no opening currently exists with that 
  3.1   employer, the applicant is clearly informed that no opening 
  3.2   exists at that time. 
  3.3      Sec. 4.  Minnesota Statutes 2000, section 184.38, 
  3.4   subdivision 8, is amended to read: 
  3.5      Subd. 8.  No employment agent ~~or search firm~~ shall 
  3.6   knowingly cause to be printed or published a false or fraudulent 
  3.7   notice or advertisement for help or for obtaining work or 
  3.8   employment.  For purposes of this subdivision the phrase "false 
  3.9   or fraudulent notice or advertisement" shall include the 
  3.10  following: 
  3.11     (a) The advertisement of any job for which there is no bona 
  3.12  fide oral or written job order and completed job order form in 
  3.13  existence at the time the advertisement is placed; 
  3.14     (b) The inclusion in any advertisement of any information 
  3.15  concerning the identity, availability, features, or requirements 
  3.16  of any advertised job when such information is not substantiated 
  3.17  by, and included in, the supporting job order form; 
  3.18     (c) The advertisement of any job opening of the type 
  3.19  described in subdivision 6, clause (b); 
  3.20     (d) The advertisement of any job without the inclusion in 
  3.21  the advertisement of the "job order number" required in 
  3.22  subdivision 18; 
  3.23     (e) If an applicant appears at any agency ~~or search firm~~ in 
  3.24  response to the advertisement of a particular job, the failure 
  3.25  to attempt placement of the applicant in the advertised job; 
  3.26  provided however, that the agency ~~or search firm~~ may refuse to 
  3.27  attempt such placement if the reason(s) for the refusal are 
  3.28  clearly and truthfully disclosed to the applicant either orally 
  3.29  or in writing. 
  3.30     Sec. 5.  Minnesota Statutes 2000, section 184.38, 
  3.31  subdivision 9, is amended to read: 
  3.32     Subd. 9.  No employment agent ~~or search firm~~ shall place or 
  3.33  assist in placing any person in unlawful employment. 
  3.34     Sec. 6.  Minnesota Statutes 2000, section 184.38, 
  3.35  subdivision 10, is amended to read: 
  3.36     Subd. 10.  No employment agent ~~or search firm~~ shall fail to 
  4.1   state in any advertisement, proposal, or contract for 
  4.2   employment, that there is a strike or lockout at the place of 
  4.3   proposed employment, if the agent ~~or firm~~ has knowledge that 
  4.4   such condition exists. 
  4.5      Sec. 7.  Minnesota Statutes 2000, section 184.38, 
  4.6   subdivision 11, is amended to read: 
  4.7      Subd. 11.  No employment agency or its employee may split, 
  4.8   divide, or share, directly or indirectly, any fee, charge, or 
  4.9   compensation received from any employer or applicant with any 
  4.10  employer, or person in any way connected with the employer's 
  4.11  business.  ~~No search firm or its employee may split, divide, or~~ 
  4.12  ~~share, directly or indirectly, any fee, charge, or compensation~~ 
  4.13  ~~received from any employer with any person connected in any way~~ 
  4.14  ~~with the employer's business.~~  A violation of this subdivision 
  4.15  shall be punished by a fine of not less than $100, and not more 
  4.16  than $3,000, or on failure to pay the fine by imprisonment for a 
  4.17  period not to exceed one year, or both, at the discretion of the 
  4.18  court. 
  4.19     Sec. 8.  Minnesota Statutes 2000, section 184.38, 
  4.20  subdivision 17, is amended to read: 
  4.21     Subd. 17.  Except for applicant information given in the 
  4.22  course of normal agency ~~or firm~~ operations, no employment agent 
  4.23  ~~or search firm~~ shall voluntarily sell, give, or otherwise 
  4.24  transfer any files, records, or other information relating to 
  4.25  its employment agency ~~or search firm~~ applicants and employers to 
  4.26  any person other than a licensed employment agent ~~or registered~~ 
  4.27  ~~search firm~~ or a person who agrees to obtain an employment 
  4.28  agency license ~~or register as a search firm~~.  Every employment 
  4.29  agent ~~or search firm~~ who ceases to engage in the business of or 
  4.30  act as an employment agent ~~or search firm~~ shall notify the 
  4.31  department of such fact within 30 days thereof, and shall advise 
  4.32  the department as to the disposition of all files and other 
  4.33  records relating to its employment agency ~~or search firm~~ 
  4.34  business. 
  4.35     Sec. 9.  Minnesota Statutes 2000, section 184.38, 
  4.36  subdivision 18, is amended to read: 
  5.1      Subd. 18.  Every job order communicated to an agency ~~or~~ 
  5.2   ~~search firm~~ shall be recorded by the agency ~~or search firm~~ on a 
  5.3   job order form which form shall contain specific information as 
  5.4   prescribed by the department.  A job order form shall be filled 
  5.5   out for each job order prior to any attempt to advertise the job 
  5.6   opening or to place persons in said job.  Such forms shall each 
  5.7   be assigned a separate number and shall be maintained by the 
  5.8   agency ~~or search firm~~ for a period of one year. 
  5.9      Sec. 10.  Minnesota Statutes 2000, section 184.38, 
  5.10  subdivision 20, is amended to read: 
  5.11     Subd. 20.  No employment agent ~~or search firm~~ shall 
  5.12  knowingly misrepresent to any employer the educational 
  5.13  background, skills, or qualifications of any job candidate; or 
  5.14  knowingly misrepresent to a job candidate the responsibilities, 
  5.15  salary, or other features of any position of employment.  
  5.16     Sec. 11.  Minnesota Statutes 2000, section 184.41, is 
  5.17  amended to read: 
  5.18     184.41 [VIOLATIONS.] 
  5.19     Any person who engages in the business of or acts as an 
  5.20  employment agent or counselor without first procuring a license 
  5.21  as required by section 184.22, and any employment agent, 
  5.22  manager, or counselor who violates the provisions of this 
  5.23  chapter~~, and any exempt firm which violates any of the~~ 
  5.24  ~~applicable provisions of this chapter,~~ is guilty of a 
  5.25  misdemeanor.  
  5.26     In addition to the penalties for commission of a 
  5.27  misdemeanor, the department may bring an action for an 
  5.28  injunction against any person who engages in the business of or 
  5.29  acts as an employment agent or counselor without first procuring 
  5.30  the license required under section 184.22, ~~or who engages in the~~ 
  5.31  ~~business of or acts as a search firm without first filing the~~ 
  5.32  ~~registration required under section 184.22, subdivision 3,~~ and 
  5.33  against any employment agent, manager, or counselor~~, or search~~ 
  5.34  ~~firm~~ who violates the applicable provisions of this chapter.  If 
  5.35  an agency, manager, or counselor~~, or search firm~~ is found guilty 
  5.36  of a misdemeanor in any action relevant to the operation of an 
  6.1   agency, ~~or search firm~~ the department may suspend or revoke the 
  6.2   license ~~or registration~~ of the agency, manager, or counselor~~, or~~ 
  6.3   ~~search firm~~. 
  6.4      Sec. 12.  [REPEALER.] 
  6.5      Minnesota Statutes 2000, sections 184.22, subdivisions 2, 
  6.6   3, 4, and 5; and 184.37, subdivision 2, are repealed.