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MN HF2002

Bill

Status

Introduced

1/30/2012

Primary Sponsor

Keith Downey

Click for details

Origin

House of Representatives

87th Legislature 2011-2012

AI Summary

  • Establishes a statutory right for persons to engage in lawful occupations free from substantial burdens imposed by occupational regulations unless the government demonstrates a compelling interest in protecting public health or safety and the regulation is the least restrictive means available.

  • Creates a hierarchy of occupational regulations from least to most restrictive: private civil action, inspection, bonding, registration, certification, and licensing.

  • Permits individuals to assert the right to engage in lawful occupations as a defense in legal or administrative proceedings and to seek declaratory or injunctive relief against regulations that violate the chapter.

  • Requires courts to make independent findings of fact and conclusions of law without presumption of validity to legislative or administrative determinations regarding public health/safety harm or least restrictive means.

  • Exempts government employees and fiduciaries recognized in statute from the chapter, and preserves existing collective bargaining rights under state law.

Legislative Description

Lawful occupation pursuit ensured to be free from unnecessary regulations, right stated to engage in an occupation to create a greater number of jobs, and conditions specified for government regulation of occupations to protect against misuse of occupational regulations to reduce competition and increase prices to consumers.

Last Action

Authors added Murdock and Wardlow

2/27/2012

Committee Referrals

Commerce and Regulatory Reform1/30/2012

Full Bill Text

No bill text available