Education & Employment

Minnesota Private Employment Preference and Expedited Licensing

A private employer may prefer a veteran in hiring and promotion without breaching state or local equal employment law, and every professional licensing board must run an expedited and a temporary licensing route for service members, their spouses, and veterans within two years of leaving.

Also called: 197.4551, 197.4552, private employer, permissive preference, chapter 363A, expedited licensing, temporary license, military spouse, two years.

For: Veteran or service member, spouse, survivor.

Where it applies

Written for the jurisdictions listed here.

Two short sections handle the private side of veteran employment. Section 197.4551 permits a private, nonpublic employer to grant preference to a veteran in hiring and promotion, and to grant preference to the spouse of a disabled veteran who has a service-connected permanent and total disability and to the surviving spouse of a deceased veteran. "Disabled veteran" in the spouse subdivision means a person who has had a compensable service-connected disability adjudicated by VA or a service retirement board. The operative subdivision is the third: granting preference under this section does not violate any local or state equal employment opportunity law, including chapter 363A, the Minnesota Human Rights Act. That is the whole point of the section. Without it a Minnesota employer preferring veterans would face an argument that the practice has a disparate impact on protected classes. The section does not compel anything and creates no right a veteran can enforce; it removes an employer's reason to say no. Note the limits of the safe harbour. It covers state and local equal employment law. It says nothing about federal law, and a private employer building a veterans preference programme should not read section 197.4551 as answering the federal question. Section 197.4552 reaches licensure. Notwithstanding any other law, each professional licensing board defined in section 214.01, subdivisions 2 and 3 must establish a procedure to expedite the issuance of a licence or certification to a qualified individual, and must separately establish a procedure to issue a temporary licence or certification. The eligible group is the same for both: an active duty military member; the spouse of an active duty military member; or a veteran who left service in the two years preceding the application and has confirmation of honorable or general discharge status. The two-year window is short and is the binding constraint for most veterans; a person three years out of uniform is outside this section entirely. For a temporary licence the applicant must also show a current, valid licence, certificate or permit in another state with no history of disciplinary action by that state's regulator, and a current criminal background study with no conviction the board determines adversely affects the ability to become licensed. The temporary licence runs for a period the board sets, and during that period the individual must complete the full application procedure required by the applicable law. The statute tells each board to build a procedure and lets each board adopt rules. It does not set a processing time, a fee waiver or a standard the boards must meet, so what "expedited" means in practice varies by board. Ask the specific board what its procedure is rather than assuming one exists in usable form. Since Laws 2026, chapter 96, a veteran of the Secret War in Laos holding a certificate of eligibility under section 197.448 is expressly within section 197.4551. For a service member or spouse moving to Minnesota on military orders, federal law sets a firmer standard than the board procedures. Since December 23, 2024, 50 U.S.C. 4025a, as rewritten by section 587 of Public Law 118-159, requires a Minnesota board to treat as valid, within its scope of practice, a licence in good standing held in another state, on application with the orders, a marriage certificate for a spouse and a notarized affidavit; a board that cannot act within 30 days may issue a temporary licence meanwhile. Licences held under an interstate compact follow the compact. The federal rule does not reach a veteran after separation, who relies on the state procedure.

Thresholds

Thresholds for Minnesota Private Employment Preference and Expedited Licensing
GateRule
A private employer may prefer a veteran, and is protected in doing soSection 197.4551, subdivisions 1 and 3: a private, nonpublic employer may grant preference in hiring and promotion, and doing so does not violate any local or state equal employment opportunity law, including chapter 363A. The section confers no right the veteran can enforce.
The safe harbour extends to the spouse of a permanently and totally disabled veteran, and to a surviving spouseSection 197.4551, subdivision 2.
Expedited and temporary licensing for active duty, a military spouse, or a veteran within two years of leavingSection 197.4552, subdivisions 1 and 2. The two-year window after separation is the binding constraint; a veteran further out is outside the section.
A temporary licence needs a clean out-of-state licence and a background studySection 197.4552, subdivision 2, paragraph (b): a current valid licence in another state with no disciplinary history, and a current criminal background study without a disqualifying conviction. The full application must be completed during the temporary period.
Each board writes its own procedureThe section directs each professional licensing board under section 214.01, subdivisions 2 and 3 to establish procedures and permits rulemaking. It fixes no processing time, fee treatment or standard, so what "expedited" means varies by board.

Documents the source lists

What the official source lists for an application, and where to get each document. It is a reference read from the source, not a full list of what the office may ask for; check with the office or an accredited representative before you apply. Needed means the source asks for it; Helps means the source calls it optional or says it speeds things up.

Sources

Legislation

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Public Law 118-159, division A, section 587 Rewrote the federal portability rule for the professional licences of service members and spouses who move on military orders

Catalog reconciledEnactedScope changed

Signed

  1. Introduced Done, , step 1 of 6
  2. In committee Done, , step 2 of 6
  3. Passed one chamber Done, , step 3 of 6
  4. Passed both chambers Done, , step 4 of 6
  5. Signed by the President Done, , step 5 of 6
  6. In effect Done, , step 6 of 6

Expands benefits Requires a state to treat a service member or spouse on military orders as licensed there on the strength of a licence held elsewhere.

Amended 50 U.S.C. 4025a generally, effective December 23, 2024. A service member or spouse who relocates on military orders and holds a licence in good standing elsewhere has it treated as valid for its scope of practice in the new state on application with the orders, a marriage certificate for a spouse and a notarized affidavit; a board that cannot act within 30 days may issue a temporary licence with the same rights. Licences held under an interstate compact follow the compact. State military spouse licensing entries that describe only the state procedure understate what a family on orders is owed. Veterans are outside the section.

Sponsor

  • David P. JoyceRepublican, House, OH-14

And 12 co-sponsors

Touches 50 U.S.C. § 4025a

Official record

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Disclaimer

VetTOC is not affiliated with the U.S. Department of Veterans Affairs or the Department of Defense. Information is for reference only and is not an eligibility determination. Verify with VA, the relevant state or territory, or an accredited VSO.