1.1.................... moves to amend H.F. No. 1713 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2008, section 144.121, is amended by adding a
1.4subdivision to read:
1.5    Subd. 9. Subversion of examination. (a) A person engages in examination
1.6subversion practice when, with respect to any licensing or certifying examination in the
1.7field of radiologic technology, the person:
1.8(1) removes from the examination room any examination materials without specific
1.9authorization;
1.10(2) without authorization, discloses, publishes, transmits, or reconstructs by any
1.11means, including but not limited to memorization, any portion of the examination;
1.12(3) pays or uses professional or paid examination takers for the purpose of
1.13reconstructing any portion of the examination;
1.14(4) without authorization, obtains examination questions, examination answers, or
1.15other examination material, whether requested or not, either before, during, or after an
1.16examination;
1.17(5) uses or purports to use any examination questions, answers, or materials
1.18which were improperly obtained from any examination for the purpose of instructing or
1.19preparing any applicant for examination;
1.20(6) sells or offers to sell, distributes or offers to distribute, buys or offers to buy, or
1.21receives or possesses without authorization any portion of a future, current, or previously
1.22administered examination;
1.23(7) communicates with any other person during the administration of an examination
1.24for the purpose of giving or receiving any unauthorized aid;
1.25(8) copies answers from another examinee or permits the person's own answers to
1.26be copied by another examinee;
2.1(9) possesses during the administration of the examination any books, equipment,
2.2notes, written or printed materials, or data of any kind, other than the examination
2.3materials distributed and materials otherwise specifically authorized to be possessed
2.4during the examination;
2.5(10) takes an examination using the identity of another person or has another person
2.6take an examination using a false identity;
2.7(11) engages in any other conduct which violates the security of the examination
2.8materials;
2.9(12) attempts to engage in any act listed in this paragraph; or
2.10(13) aids or abets another to engage in any act listed in this paragraph.
2.11(b) Any person damaged or likely to be damaged by an examination subversion
2.12practice may seek injunctive relief in district court, and recovery of damages caused
2.13by the practice. The court may award costs and disbursements to a prevailing party in
2.14an action under this subdivision. The court shall award reasonable attorney's fees to a
2.15prevailing party if:
2.16(1) the party complaining of an examination subversion practice has brought the
2.17action knowing it to be groundless; or
2.18(2) the party alleged to have engaged in an examination subversion practice has
2.19wilfully engaged in the practice.
2.20(c) The remedies provided in this subdivision are in addition to any other remedy or
2.21penalty that may be available for the same conduct as permitted by law."