Bill Text: MN HF3343 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Consumer protection; individuals allowed to pursue a lawful occupation based on meeting consumer protection requirements, private certification organizations recognized and requirements specified, use of factors in addition to personal qualifications allowed, rulemaking authorized, and criminal and civil penalties provided.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2014-04-07 - Introduction and first reading, referred to Labor, Workplace and Regulated Industries [HF3343 Detail]
Download: Minnesota-2013-HF3343-Introduced.html
1.2relating to occupations; allowing an individual to pursue a lawful occupation
1.3based on meeting requirements needed to protect consumers; recognizing private
1.4certification organizations; specifying requirements for private certification
1.5organizations; allowing for use of factors in addition to personal qualifications;
1.6authorizing rulemaking; creating civil and criminal penalties; proposing coding
1.7for new law as Minnesota Statutes, chapter 213.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [213.01] DEFINITIONS.
1.10 Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this
1.11section have the meanings given.
1.12 Subd. 2. Government. "Government" means the state of Minnesota, a school
1.13district, county, or home rule charter or statutory city.
1.14 Subd. 3. Lawful occupation. "Lawful occupation" means a course of conduct,
1.15pursuit, or profession that includes the sale of goods or services that is not itself illegal
1.16irrespective of an occupational regulation.
1.17 Subd. 4. Occupational regulation. "Occupational regulation" means a statute,
1.18ordinance, rule, or other requirement in law that requires an individual to possess certain
1.19personal qualifications to work in a lawful occupation.
1.20 Subd. 5. Personal qualifications. "Personal qualifications" means criteria related to
1.21an individual's personal background, including completion of an approved educational
1.22program, satisfactory performance on an examination, work experience, criminal history,
1.23moral standing, and completion of continuing education.
1.24 Subd. 6. Private certification. "Private certification" means a voluntary program in
1.25which a private certifying organization grants nontransferable recognition to an individual
2.1to perform a lawful occupation within the scope of practice established by the private
2.2certifying organization based on the individual possessing certain personal qualifications
2.3that are established by the private certifying organization. The recognition may also be
2.4based on consumer comments and other factors determined by the private certifying
2.5organization.
2.6 Subd. 7. Private certifying organization. "Private certifying organization" means
2.7a nongovernmental organization that allows an individual to apply for private certification
2.8regardless of the individual's race, creed, color, ethnicity, national origin, religion, sex,
2.9sexual orientation, or marital status.
2.10 Subd. 8. Privately certified. "Privately certified" means a designated title that an
2.11individual may use if the individual is certified by a private certifying organization.
2.12 Sec. 2. [213.02] RIGHT TO ENGAGE IN A LAWFUL OCCUPATION.
2.13 Subdivision 1. Privation certification. An individual who is certified by a private
2.14certifying organization may engage in the lawful occupation for which that individual is
2.15privately certified regardless of any occupational regulation enacted by the government.
2.16 Subd. 2. Penalty prohibited. The government shall not prohibit or impose a
2.17penalty, fine, or fee on a privately certified individual for engaging in a lawful occupation
2.18in compliance with this chapter.
2.19 Sec. 3. [213.03] PRIVATE CERTIFYING ORGANIZATIONS; BOND.
2.20 Subdivision 1. Eligibility. In order to lawfully certify individuals under section
2.21213.02, a private certifying organization shall:
2.22(1) publish on a publicly accessible Web site each of the following:
2.23(i) the scope of practice for each lawful occupation that the organization certifies;
2.24(ii) the personal qualifications that an individual must possess to become certified by
2.25the private certifying organization;
2.26(iii) the other factors the private certifying organization uses to certify individuals.
2.27This may include consumer comments, rankings, and other factors;
2.28(iv) the names, business addresses, and Web sites of all privately certified
2.29individuals; and
2.30(v) the states in which the private certifying organization is registered;
2.31(2) require personal qualifications that are related to the lawful occupation for which
2.32an individual is certified;
2.33(3) verify an individual's personal qualifications before certification and periodically
2.34verify that the certified individual remains eligible for certification;
3.1(4) require a privately certified individual to prominently display the private
3.2certification as required under section 213.04, subdivision 1, and to make available
3.3materials about the personal qualifications and other factors required for the private
3.4certification on request; and
3.5(5) have at least 50 privately certified individuals in active practice after one year in
3.6operation.
3.7 Subd. 2. Bond. A private certifying organization may require individuals it certifies
3.8to obtain and maintain a bond for liability that is related to the practice of the individual's
3.9privately certified lawful occupation.
3.10 Subd. 3. Registration. A private certifying organization shall register with the
3.11secretary of state. It shall provide the secretary of state with the organization's name,
3.12address, officers, and the names of individuals initially privately certified. The secretary
3.13of state may impose a registration fee to recoup costs and promulgate rules and forms to
3.14facilitate reporting.
3.15 Subd. 4. Fees. A private certifying organization may require a privately certified
3.16individual to pay initial and ongoing fees.
3.17 Sec. 4. [213.04] SIGN; VIOLATION; CLASSIFICATION.
3.18 Subdivision 1. Notice required. (a) A privately certified individual who engages
3.19in a lawful occupation for which the government has enacted an occupational regulation
3.20must prominently display a sign with lettering that is at least one inch in height stating that
3.21the individual is not licensed or otherwise occupationally regulated by the government.
3.22(b) A privately certified individual who is not licensed, registered, or certified by the
3.23government shall not use the term "licensed," "certified," or "registered" to describe the
3.24individual's credential or any words, titles, abbreviations, or letters which would induce a
3.25reasonably knowledgeable consumer of such services to believe the privately certified
3.26individual using them is occupationally regulated by the government. A privately certified
3.27individual may use the term "privately certified" to describe the individual's credentials or
3.28as part of a title or designation.
3.29 Subd. 2. Penalty A person who violates subdivision 1, paragraph (b), is guilty of a
3.30misdemeanor and is subject to a fine of up to $2,500 or the penalty under section 213.05,
3.31whichever is applicable.
3.32 Sec. 5. [213.05] FALSE CLAIM; VIOLATION; CLASSIFICATION.
3.33An individual who knowingly and falsely claims to be privately certified pursuant
3.34to this chapter is guilty of a felony and is subject to a fine of up to an amount equal to
4.1the last 12 months of the individual's revenue from the lawful occupation or $5,000,
4.2whichever is greater.
4.3 Sec. 6. [213.06] ENFORCEMENT.
4.4(a) The secretary of state shall enforce this chapter and has the authority to terminate
4.5the government's recognition of the private certifying organization for failure to meet the
4.6requirements in section 213.03, subdivision 1.
4.7(b) The private certifying organization that continues to operate 90 days after failing
4.8to meet the requirements in section 213.03, subdivision 1, is guilty of a felony and is
4.9subject to a fine of up to $5,000.
4.10(c) Except to the extent that the laws require a privately certified individual to possess
4.11personal qualifications established by the government to perform a lawful occupation, this
4.12chapter does not limit the government's authority to enact and enforce laws relating to:
4.13(1) a business license or permit, facility license, building permit, or land use
4.14regulation; and
4.15(2) public health, safety and environmental regulations, including the sale and use of
4.16substances that present potential dangers to public health and safety including chemicals,
4.17explosives, and pharmaceuticals.
4.18(d) Nothing in this chapter shall be construed to:
4.19(1) change the government's sole authority to require an individual to obtain and
4.20maintain a government-issued driver's license and related insurance for personal or
4.21commercial vehicle use;
4.22(2) limit damages in a private civil action against an individual who is privately
4.23certified or who knowingly and falsely claims to be privately certified;
4.24(3) create a right of action against a private party or the government requiring
4.25either to do business with an individual who is not licensed, certified, or registered with
4.26the government; or
4.27(4) allow for private certification of occupations regulated by the federal government
4.28or required by federal law to be regulated by the government.
4.29 Sec. 7. EFFECTIVE DATE.
4.30Sections 1 to 6 are effective August 1, 2015.
1.3based on meeting requirements needed to protect consumers; recognizing private
1.4certification organizations; specifying requirements for private certification
1.5organizations; allowing for use of factors in addition to personal qualifications;
1.6authorizing rulemaking; creating civil and criminal penalties; proposing coding
1.7for new law as Minnesota Statutes, chapter 213.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. [213.01] DEFINITIONS.
1.10 Subdivision 1. Scope. For the purposes of this chapter, the terms defined in this
1.11section have the meanings given.
1.12 Subd. 2. Government. "Government" means the state of Minnesota, a school
1.13district, county, or home rule charter or statutory city.
1.14 Subd. 3. Lawful occupation. "Lawful occupation" means a course of conduct,
1.15pursuit, or profession that includes the sale of goods or services that is not itself illegal
1.16irrespective of an occupational regulation.
1.17 Subd. 4. Occupational regulation. "Occupational regulation" means a statute,
1.18ordinance, rule, or other requirement in law that requires an individual to possess certain
1.19personal qualifications to work in a lawful occupation.
1.20 Subd. 5. Personal qualifications. "Personal qualifications" means criteria related to
1.21an individual's personal background, including completion of an approved educational
1.22program, satisfactory performance on an examination, work experience, criminal history,
1.23moral standing, and completion of continuing education.
1.24 Subd. 6. Private certification. "Private certification" means a voluntary program in
1.25which a private certifying organization grants nontransferable recognition to an individual
2.1to perform a lawful occupation within the scope of practice established by the private
2.2certifying organization based on the individual possessing certain personal qualifications
2.3that are established by the private certifying organization. The recognition may also be
2.4based on consumer comments and other factors determined by the private certifying
2.5organization.
2.6 Subd. 7. Private certifying organization. "Private certifying organization" means
2.7a nongovernmental organization that allows an individual to apply for private certification
2.8regardless of the individual's race, creed, color, ethnicity, national origin, religion, sex,
2.9sexual orientation, or marital status.
2.10 Subd. 8. Privately certified. "Privately certified" means a designated title that an
2.11individual may use if the individual is certified by a private certifying organization.
2.12 Sec. 2. [213.02] RIGHT TO ENGAGE IN A LAWFUL OCCUPATION.
2.13 Subdivision 1. Privation certification. An individual who is certified by a private
2.14certifying organization may engage in the lawful occupation for which that individual is
2.15privately certified regardless of any occupational regulation enacted by the government.
2.16 Subd. 2. Penalty prohibited. The government shall not prohibit or impose a
2.17penalty, fine, or fee on a privately certified individual for engaging in a lawful occupation
2.18in compliance with this chapter.
2.19 Sec. 3. [213.03] PRIVATE CERTIFYING ORGANIZATIONS; BOND.
2.20 Subdivision 1. Eligibility. In order to lawfully certify individuals under section
2.21213.02, a private certifying organization shall:
2.22(1) publish on a publicly accessible Web site each of the following:
2.23(i) the scope of practice for each lawful occupation that the organization certifies;
2.24(ii) the personal qualifications that an individual must possess to become certified by
2.25the private certifying organization;
2.26(iii) the other factors the private certifying organization uses to certify individuals.
2.27This may include consumer comments, rankings, and other factors;
2.28(iv) the names, business addresses, and Web sites of all privately certified
2.29individuals; and
2.30(v) the states in which the private certifying organization is registered;
2.31(2) require personal qualifications that are related to the lawful occupation for which
2.32an individual is certified;
2.33(3) verify an individual's personal qualifications before certification and periodically
2.34verify that the certified individual remains eligible for certification;
3.1(4) require a privately certified individual to prominently display the private
3.2certification as required under section 213.04, subdivision 1, and to make available
3.3materials about the personal qualifications and other factors required for the private
3.4certification on request; and
3.5(5) have at least 50 privately certified individuals in active practice after one year in
3.6operation.
3.7 Subd. 2. Bond. A private certifying organization may require individuals it certifies
3.8to obtain and maintain a bond for liability that is related to the practice of the individual's
3.9privately certified lawful occupation.
3.10 Subd. 3. Registration. A private certifying organization shall register with the
3.11secretary of state. It shall provide the secretary of state with the organization's name,
3.12address, officers, and the names of individuals initially privately certified. The secretary
3.13of state may impose a registration fee to recoup costs and promulgate rules and forms to
3.14facilitate reporting.
3.15 Subd. 4. Fees. A private certifying organization may require a privately certified
3.16individual to pay initial and ongoing fees.
3.17 Sec. 4. [213.04] SIGN; VIOLATION; CLASSIFICATION.
3.18 Subdivision 1. Notice required. (a) A privately certified individual who engages
3.19in a lawful occupation for which the government has enacted an occupational regulation
3.20must prominently display a sign with lettering that is at least one inch in height stating that
3.21the individual is not licensed or otherwise occupationally regulated by the government.
3.22(b) A privately certified individual who is not licensed, registered, or certified by the
3.23government shall not use the term "licensed," "certified," or "registered" to describe the
3.24individual's credential or any words, titles, abbreviations, or letters which would induce a
3.25reasonably knowledgeable consumer of such services to believe the privately certified
3.26individual using them is occupationally regulated by the government. A privately certified
3.27individual may use the term "privately certified" to describe the individual's credentials or
3.28as part of a title or designation.
3.29 Subd. 2. Penalty A person who violates subdivision 1, paragraph (b), is guilty of a
3.30misdemeanor and is subject to a fine of up to $2,500 or the penalty under section 213.05,
3.31whichever is applicable.
3.32 Sec. 5. [213.05] FALSE CLAIM; VIOLATION; CLASSIFICATION.
3.33An individual who knowingly and falsely claims to be privately certified pursuant
3.34to this chapter is guilty of a felony and is subject to a fine of up to an amount equal to
4.1the last 12 months of the individual's revenue from the lawful occupation or $5,000,
4.2whichever is greater.
4.3 Sec. 6. [213.06] ENFORCEMENT.
4.4(a) The secretary of state shall enforce this chapter and has the authority to terminate
4.5the government's recognition of the private certifying organization for failure to meet the
4.6requirements in section 213.03, subdivision 1.
4.7(b) The private certifying organization that continues to operate 90 days after failing
4.8to meet the requirements in section 213.03, subdivision 1, is guilty of a felony and is
4.9subject to a fine of up to $5,000.
4.10(c) Except to the extent that the laws require a privately certified individual to possess
4.11personal qualifications established by the government to perform a lawful occupation, this
4.12chapter does not limit the government's authority to enact and enforce laws relating to:
4.13(1) a business license or permit, facility license, building permit, or land use
4.14regulation; and
4.15(2) public health, safety and environmental regulations, including the sale and use of
4.16substances that present potential dangers to public health and safety including chemicals,
4.17explosives, and pharmaceuticals.
4.18(d) Nothing in this chapter shall be construed to:
4.19(1) change the government's sole authority to require an individual to obtain and
4.20maintain a government-issued driver's license and related insurance for personal or
4.21commercial vehicle use;
4.22(2) limit damages in a private civil action against an individual who is privately
4.23certified or who knowingly and falsely claims to be privately certified;
4.24(3) create a right of action against a private party or the government requiring
4.25either to do business with an individual who is not licensed, certified, or registered with
4.26the government; or
4.27(4) allow for private certification of occupations regulated by the federal government
4.28or required by federal law to be regulated by the government.
4.29 Sec. 7. EFFECTIVE DATE.
4.30Sections 1 to 6 are effective August 1, 2015.
