HF 1522

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 05/17/2023 10:01pm

A bill for an act
relating to state government; modifying labor policy provisions; modifying building
codes, occupational safety and health, and employment law; amending Minnesota
Statutes 2022, sections 13.43, subdivision 6; 120A.414, subdivision 2; 122A.181,
subdivision 5; 122A.26, subdivision 2; 122A.40, subdivision 5; 122A.41,
subdivision 2; 177.27, subdivision 4; 177.42, subdivision 2; 179A.03, subdivisions
14, 18, 19; 179A.06, subdivision 6, by adding a subdivision; 179A.07, subdivisions
1, 6, by adding subdivisions; 179A.12, subdivisions 6, 11, by adding a subdivision;
182.659, subdivisions 1, 8; 182.66, by adding a subdivision; 182.661, by adding
a subdivision; 182.676; 326B.093, subdivision 4; 326B.106, by adding a
subdivision; 326B.163, subdivision 5, by adding a subdivision; 326B.164,
subdivision 13; 326B.31, subdivision 30; 326B.32, subdivision 1; 326B.36,
subdivision 7, by adding a subdivision; 326B.805, subdivision 6; 326B.921,
subdivision 8; 326B.925, subdivision 1; 326B.988; 572B.17; proposing coding
for new law in Minnesota Statutes, chapters 16A; 181; 327; repealing Minnesota
Statutes 2022, section 179A.12, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 13.43, subdivision 6, is amended to read:

Subd. 6.

Access by labor organizations.

new text begin (a) new text end Personnel data deleted text begin may deleted text end new text begin must new text end be disseminated
to labor organizations to the extent deleted text begin that the responsible authority determines that the
dissemination is deleted text end necessary to conduct elections, deleted text begin notify employees of fair share fee
assessments, deleted text end new text begin investigate and process grievances, new text end and implement the provisions of chapters
179 and 179A. Personnel data shall be disseminated to labor organizations and to the Bureau
of Mediation Services to the extent the dissemination is ordered or authorized by the
commissioner of the Bureau of Mediation Services. new text begin Personnel data described under section
179A.07, subdivision 8, must be disseminated to an exclusive representative under the terms
of that subdivision. Employee Social Security numbers are not necessary to implement the
provisions of chapters 179 and 179A.
new text end

new text begin (b) The home addresses, nonemployer-issued phone numbers and email addresses, dates
of birth, and emails or other communications between exclusive representatives and their
members, prospective members, and nonmembers are private data on individuals.
new text end

Sec. 2.

new text begin [16A.1335] EMPLOYEE SALARIES AND BENEFITS IN EVENT OF STATE
GOVERNMENT SHUTDOWN.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "government shutdown" means that,
as of July 1 of an odd-numbered year, legislation appropriating money for the general
operations of (1) an executive agency, (2) an office or department of the legislature, including
each house of the legislature and the Legislative Coordinating Commission, or (3) a judicial
branch agency or department, including a court, has not been enacted for the biennium
beginning July 1 of that year.
new text end

new text begin Subd. 2. new text end

new text begin Payment required. new text end

new text begin Notwithstanding section 16A.17, subdivision 8, state
employees must be provided payment for lost salary and benefits resulting from their absence
from work during a government shutdown. An employee is eligible for a payment under
this section only upon the employee's return to work.
new text end

new text begin Subd. 3. new text end

new text begin Appropriation; limitation. new text end

new text begin (a) In the event of a government shutdown, the
amount necessary to pay the salary and benefits of employees of any impacted agency,
office, or department is appropriated beginning on that July 1 to that agency, office, or
department. The appropriation is made from the fund or funds from which an appropriation
was made in the previous fiscal year for salary and benefits paid to each affected employee.
new text end

new text begin (b) Amounts appropriated under this subdivision may not exceed the amount or amounts
appropriated for general operations of the affected agency, office, or department in the
previous fiscal year.
new text end

new text begin Subd. 4. new text end

new text begin Certification of amount for employees in the legislative and judicial
branches. new text end

new text begin By June 25 of an odd-numbered year, if a government shutdown appears
imminent, the director of the Legislative Coordinating Commission, the chief clerk of the
house of representatives, the secretary of the senate, and the chief clerk of the supreme court
must each certify to the commissioner of management and budget the amount needed for
salaries and benefits for each fiscal year of the next biennium, and the commissioner of
management and budget shall make the certified amount available on July 1 of that year or
on another schedule that permits payment of all salary and benefit obligations required by
this section in a timely manner.
new text end

new text begin Subd. 5. new text end

new text begin Subsequent appropriations. new text end

new text begin A subsequent appropriation to the agency, office,
or department for regular operations for a biennium in which this section has been applied
may only supersede and replace the appropriation provided by subdivision 3 by express
reference to this section.
new text end

Sec. 3.

Minnesota Statutes 2022, section 120A.414, subdivision 2, is amended to read:

Subd. 2.

Plan.

A school board new text begin , including the board of a charter school, new text end may adopt an
e-learning day plan after deleted text begin consulting deleted text end new text begin meeting and negotiating new text end with the exclusive representative
of the teachers. deleted text begin A deleted text end new text begin If a charter school's teachers are not represented by an exclusive
representative, the new text end charter school may adopt an e-learning day plan after consulting with
its teachers. The plan must include accommodations for students without Internet access at
home and for digital device access for families without the technology or an insufficient
amount of technology for the number of children in the household. A school's e-learning
day plan must provide accessible options for students with disabilities under chapter 125A.

Sec. 4.

Minnesota Statutes 2022, section 122A.181, subdivision 5, is amended to read:

Subd. 5.

Limitations on license.

(a) A Tier 1 license is limited to the content matter
indicated on the application for the initial Tier 1 license under subdivision 1, clause (2), and
limited to the district or charter school that requested the initial Tier 1 license.

(b) A Tier 1 license does not bring an individual within the definition of a teacher for
purposes of section 122A.40, subdivision 1, or 122A.41, subdivision 1, clause (a).

deleted text begin (c) A Tier 1 license does not bring an individual within the definition of a teacher under
section 179A.03, subdivision 18.
deleted text end

Sec. 5.

Minnesota Statutes 2022, section 122A.26, subdivision 2, is amended to read:

Subd. 2.

Exceptions.

new text begin (a) new text end A person who teaches in a community education program
deleted text begin which deleted text end new text begin that new text end qualifies for aid pursuant to section 124D.52 shall continue to meet licensure
requirements as a teacher. A person who teaches in an early childhood and family education
program deleted text begin which deleted text end new text begin that new text end is offered through a community education program and which qualifies
for community education aid pursuant to section 124D.20 or early childhood and family
education aid pursuant to section 124D.135 shall continue to meet licensure requirements
as a teacher. A person who teaches in a community education course deleted text begin which deleted text end new text begin that new text end is offered
for credit for graduation to persons under 18 years of age shall continue to meet licensure
requirements as a teacher.

new text begin (b) new text end A person who teaches a driver training course deleted text begin which deleted text end new text begin that new text end is offered through a
community education program to persons under 18 years of age shall be licensed by the
Professional Educator Licensing and Standards Board or be subject to section 171.35. A
license deleted text begin which deleted text end new text begin that new text end is required for an instructor in a community education program pursuant
to this deleted text begin subdivision deleted text end new text begin paragraph new text end shall not be construed to bring an individual within the
definition of a teacher for purposes of section 122A.40, subdivision 1, or 122A.41,
subdivision 1, deleted text begin clause deleted text end new text begin paragraph new text end (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for the 2023-2024 school year and later.
new text end

Sec. 6.

Minnesota Statutes 2022, section 122A.40, subdivision 5, is amended to read:

Subd. 5.

Probationary period.

(a) The first three consecutive years of a teacher's first
teaching experience in Minnesota in a single district is deemed to be a probationary period
of employment, and, the probationary period in each district in which the teacher is thereafter
employed shall be one year. The school board must adopt a plan for written evaluation of
teachers during the probationary period that is consistent with subdivision 8. Evaluation
must occur at least three times periodically throughout each school year for a teacher
performing services during that school year; the first evaluation must occur within the first
90 days of teaching service. Days devoted to parent-teacher conferences, teachers' workshops,
and other staff development opportunities and days on which a teacher is absent from school
must not be included in determining the number of school days on which a teacher performs
services. Except as otherwise provided in paragraph (b), during the probationary period any
annual contract with any teacher may or may not be renewed as the school board shall see
fit. However, the board must give any such teacher whose contract it declines to renew for
the following school year written notice to that effect before July 1. If the teacher requests
reasons for any nonrenewal of a teaching contract, the board must give the teacher its reason
in writing, including a statement that appropriate supervision was furnished describing the
nature and the extent of such supervision furnished the teacher during the employment by
the board, within ten days after receiving such request. The school board may, after a hearing
held upon due notice, discharge a teacher during the probationary period for cause, effective
immediately, under section 122A.44.

(b) A board must discharge a probationary teacher, effective immediately, upon receipt
of notice under section 122A.20, subdivision 1, paragraph (b), that the teacher's license has
been revoked due to a conviction for child abuse or sexual abuse.

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).

(d) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(e) A probationary teacher must complete at least deleted text begin 120 deleted text end new text begin 90 new text end days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school do not count as days of teaching service under this paragraph.

Sec. 7.

Minnesota Statutes 2022, section 122A.41, subdivision 2, is amended to read:

Subd. 2.

Probationary period; discharge or demotion.

(a) deleted text begin All teachers in the public
schools in cities of the first class during the first three years of consecutive employment
shall be deemed to be in a probationary period of employment during which period any
annual contract with any teacher may, or may not, be renewed as the school board, after
consulting with the peer review committee charged with evaluating the probationary teachers
under subdivision 3, shall see fit. deleted text end new text begin The first three consecutive years of a teacher's first teaching
experience in Minnesota in a single district is deemed to be a probationary period of
employment, and the probationary period in each district in which the teacher is thereafter
employed shall be one year. new text end The school site management team or the school board if there
is no school site management team, shall adopt a plan for a written evaluation of teachers
during the probationary period according to subdivisions 3 and 5. Evaluation by the peer
review committee charged with evaluating probationary teachers under subdivision 3 shall
occur at least three times periodically throughout each school year for a teacher performing
services during that school year; the first evaluation must occur within the first 90 days of
teaching service. Days devoted to parent-teacher conferences, teachers' workshops, and
other staff development opportunities and days on which a teacher is absent from school
shall not be included in determining the number of school days on which a teacher performs
services. The school board may, during such probationary period, discharge or demote a
teacher for any of the causes as specified in this code. A written statement of the cause of
such discharge or demotion shall be given to the teacher by the school board at least 30
days before such removal or demotion shall become effective, and the teacher so notified
shall have no right of appeal therefrom.

(b) A probationary teacher whose first three years of consecutive employment are
interrupted for active military service and who promptly resumes teaching consistent with
federal reemployment timelines for uniformed service personnel under United States Code,
title 38, section 4312(e), is considered to have a consecutive teaching experience for purposes
of paragraph (a).

(c) A probationary teacher whose first three years of consecutive employment are
interrupted for maternity, paternity, or medical leave and who resumes teaching within 12
months of when the leave began is considered to have a consecutive teaching experience
for purposes of paragraph (a) if the probationary teacher completes a combined total of
three years of teaching service immediately before and after the leave.

(d) A probationary teacher must complete at least deleted text begin 120 deleted text end new text begin 90 new text end days of teaching service each
year during the probationary period. Days devoted to parent-teacher conferences, teachers'
workshops, and other staff development opportunities and days on which a teacher is absent
from school do not count as days of teaching service under this paragraph.

Sec. 8.

Minnesota Statutes 2022, section 177.27, subdivision 4, is amended to read:

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, deleted text begin and deleted text end 181.939 to 181.943, deleted text begin or deleted text end new text begin 181.991, and new text end with any rule
promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes
of this subdivision only, a violation is repeated if at any time during the two years that
preceded the date of violation, the commissioner issued an order to the employer for violation
of sections 177.41 to 177.435 and the order is final or the commissioner and the employer
have entered into a settlement agreement that required the employer to pay back wages that
were required by sections 177.41 to 177.435. The department shall serve the order upon the
employer or the employer's authorized representative in person or by certified mail at the
employer's place of business. An employer who wishes to contest the order must file written
notice of objection to the order with the commissioner within 15 calendar days after being
served with the order. A contested case proceeding must then be held in accordance with
sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the
employer fails to file a written notice of objection with the commissioner, the order becomes
a final order of the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to franchise agreements entered into or amended on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2022, section 177.42, subdivision 2, is amended to read:

Subd. 2.

Project.

"Project" means new text begin acquisition of property, predesign, design, demolition,
new text end erection, construction, remodeling, or repairing of a deleted text begin public deleted text end building new text begin , facility, new text end or deleted text begin other deleted text end public
work financed in whole or part by state funds.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2022, section 179A.03, subdivision 14, is amended to read:

Subd. 14.

Public employee or employee.

(a) "Public employee" or "employee" means
any person appointed or employed by a public employer except:

(1) elected public officials;

(2) election officers;

(3) commissioned or enlisted personnel of the Minnesota National Guard;

(4) emergency employees who are employed for emergency work caused by natural
disaster;

(5) part-time employees whose service does not exceed the lesser of 14 hours per week
or 35 percent of the normal work week in the employee's appropriate unit;

(6) employees whose positions are basically temporary or seasonal in character and: (i)
are not for more than 67 working days in any calendar year; deleted text begin or deleted text end (ii) new text begin are not working for a
Minnesota school district or charter school; or (iii) new text end are not for more than 100 working days
in any calendar year and the employees are under the age of 22, are full-time students
enrolled in a nonprofit or public educational institution prior to being hired by the employer,
and have indicated, either in an application for employment or by being enrolled at an
educational institution for the next academic year or term, an intention to continue as students
during or after their temporary employment;

(7) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;

(8) employees of charitable hospitals as defined by section 179.35, subdivision 3, except
that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public
employees for purposes of sections 179A.051, 179A.052, and 179A.13;

(9) full-time undergraduate students employed by the school which they attend under a
work-study program or in connection with the receipt of financial aid, irrespective of number
of hours of service per week;

(10) an individual who is employed for less than 300 hours in a fiscal year as an instructor
in an adult vocational education program;

deleted text begin (11) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universities to teach one course for three or fewer credits for one semester in a year;
deleted text end

deleted text begin (12) deleted text end new text begin (11) new text end with respect to court employees:

(i) personal secretaries to judges;

(ii) law clerks;

(iii) managerial employees;

(iv) confidential employees; and

(v) supervisory employees; new text begin or
new text end

deleted text begin (13) deleted text end new text begin (12) new text end with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.

(b) The following individuals are public employees regardless of the exclusions of
paragraph (a), clauses (5) deleted text begin and (6) deleted text end new text begin to (7) new text end :

(1) an employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in the Twin Cities
metropolitan area under section 136F.10 or for community services or community education
instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member
who is a public employee, where the replacement employee is employed more than 30
working days as a replacement for that teacher or faculty member; or (ii) to take a teaching
position created due to increased enrollment, curriculum expansion, courses which are a
part of the curriculum whether offered annually or not, or other appropriate reasons;

(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that same
position has already been filled under paragraph (a), clause (6), item (i), in the same calendar
year and the cumulative number of days worked in that same position by all employees
exceeds 67 calendar days in that year. For the purpose of this paragraph, "same position"
includes a substantially equivalent position if it is not the same position solely due to a
change in the classification or title of the position; deleted text begin and
deleted text end

(3) an early childhood family education teacher employed by a school district deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universities as the instructor of record to teach (i) one class for more than three credits in
a fiscal year, or (ii) two or more credit-bearing classes in a fiscal year.
new text end

Sec. 11.

Minnesota Statutes 2022, section 179A.03, subdivision 18, is amended to read:

Subd. 18.

Teacher.

"Teacher" means any public employee other than a superintendent
or assistant superintendent, principal, assistant principal, or a supervisory or confidential
employee, employed by a school district:

(1) in a position for which the person must be licensed by the Professional Educator
Licensing and Standards Board or the commissioner of education; deleted text begin or
deleted text end

(2) in a position as a physical therapist, occupational therapist, art therapist, music
therapist, or audiologist deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) in a position creating and delivering instruction to children in a prekindergarten or
early learning program, except that an employee in a bargaining unit certified before January
1, 2023, may remain in a bargaining unit that does not include teachers unless an exclusive
representative files a petition for a unit clarification or to transfer exclusive representative
status.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 12.

Minnesota Statutes 2022, section 179A.03, subdivision 19, is amended to read:

Subd. 19.

Terms and conditions of employment.

"Terms and conditions of employment"
means the hours of employment, the compensation therefor including fringe benefits except
retirement contributions or benefits other than employer payment of, or contributions to,
premiums for group insurance coverage of retired employees or severance pay, new text begin staffing
ratios, new text end and the employer's personnel policies affecting the working conditions of the
employees. In the case of professional employees the term does not mean educational
policies of a school district. "Terms and conditions of employment" is subject to section
179A.07. new text begin In the case of school employees, "terms and conditions of employment" includes
class sizes, student testing, and student-to-personnel ratios.
new text end

Sec. 13.

Minnesota Statutes 2022, section 179A.06, subdivision 6, is amended to read:

Subd. 6.

deleted text begin Dues checkoff deleted text end new text begin Payroll deduction, authorization, and remittance new text end .

new text begin (a) new text end Public
employees have the right to request and be allowed deleted text begin dues checkoff deleted text end new text begin payroll deduction new text end for the
exclusive representative deleted text begin . In the absence of an exclusive representative, public employees
have the right to request and be allowed dues checkoff for the organization of their choice. deleted text end new text begin
and the political fund associated with the exclusive representative and registered pursuant
to section 10A.12. A public employer must rely on a certification from any exclusive
representative requesting remittance of a deduction that the organization has and will maintain
an authorization, signed by the public employee from whose salary or wages the deduction
is to be made, which may include an electronic signature by the public employee as defined
in section 325L.02, paragraph (h). An exclusive representative making such certification
must not be required to provide the public employer a copy of the authorization unless a
dispute arises about the existence or terms of the authorization. The exclusive representative
must indemnify the public employer for any successful claims made by the employee for
unauthorized deductions in reliance on the certification.
new text end

new text begin (b) A dues deduction authorization remains in effect until the employer receives notice
from the exclusive representative that a public employee has changed or canceled their
authorization in writing in accordance with the terms of the original authorizing document,
and a public employer must rely on information from the exclusive representative receiving
remittance of the deduction regarding whether the deductions have been properly changed
or canceled. The exclusive representative must indemnify the public employer for any
successful claims made by the employee for unauthorized deductions made in reliance on
such information.
new text end

new text begin (c) Deduction authorization under this section is independent from the public employee's
membership status in the organization to which payment is remitted and is effective regardless
of whether a collective bargaining agreement authorizes the deduction.
new text end

new text begin (d) Employers must commence deductions within 30 days of notice of authorization
from the exclusive representative and must remit the deductions to the exclusive
representative within 30 days of the deduction. The failure of an employer to comply with
the provisions of this paragraph shall be an unfair labor practice under section 179A.13, the
relief for which shall be reimbursement by the employer of deductions that should have
been made or remitted based on a valid authorization given by the employee or employees.
new text end

new text begin (e) In the absence of an exclusive representative, public employees have the right to
request and be allowed payroll deduction for the organization of their choice.
new text end

new text begin (f) Any dispute under this subdivision must be resolved through an unfair labor practice
proceeding under section 179A.13.
new text end

Sec. 14.

Minnesota Statutes 2022, section 179A.06, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Liability. new text end

new text begin (a) A public employer, a labor organization, or any of its employees
or agents shall not be liable for and shall have a complete defense to claims or actions under
the laws of this state for requiring, deducting, receiving, or retaining agency or fair share
fees from public employees. Current or former public employees shall not have standing
to pursue these claims or actions if the fees were permitted at the time under the laws of
this state then in force and paid, through payroll deduction or otherwise, prior to June 27,
2018.
new text end

new text begin (b) This subdivision applies to claims or actions pending on the effective date of this
section and to claims or actions filed on or after that date.
new text end

new text begin (c) The enactment of this section shall not be interpreted to create the inference that any
relief made unavailable by this section would otherwise be available.
new text end

new text begin (d) The legislature finds and declares:
new text end

new text begin (1) application of this subdivision to pending claims or actions clarifies state law rather
than changes it. Public employees who paid agency or fair share fees as a condition of
employment according to state law and supreme court precedent prior to June 27, 2018,
had no legitimate expectation of receiving the money under any available cause of action.
Public employees and organizations who relied on and abided by state law and supreme
court precedent in deducting and accepting those fees were not liable to refund them or any
agency or fair share fees paid for collective bargaining representation that employee
organizations were obligated by state law to provide to public employees. Application of
this subdivision to pending claims will preserve, rather than interfere with, important reliance
interests; and
new text end

new text begin (2) this subdivision is necessary to provide certainty to public employers and employee
organizations that relied on state law and to avoid disruption of public employee labor
relations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2022, section 179A.07, subdivision 1, is amended to read:

Subdivision 1.

Inherent managerial policy.

A public employer is not required to meet
and negotiate on matters of inherent managerial policy. Matters of inherent managerial
policy include, but are not limited to, such areas of discretion or policy as the functions and
programs of the employer, its overall budget, utilization of technology, the organizational
structure, selection of personnel, and direction deleted text begin and the number deleted text end of personnel. No public
employer shall sign an agreement which limits its right to select persons to serve as
supervisory employees or state managers under section 43A.18, subdivision 3, or requires
the use of seniority in their selection.

Sec. 16.

Minnesota Statutes 2022, section 179A.07, subdivision 6, is amended to read:

Subd. 6.

Time off.

A public employer must afford reasonable time off to elected officers
or appointed representatives of the exclusive representative to conduct the duties of the
exclusive representative and must, upon request, provide for leaves of absence to elected
or appointed officials of the exclusive representative new text begin , to elected or appointed officials of an
affiliate of an exclusive representative, new text end or to a full-time appointed official of an exclusive
representative of teachers in another Minnesota school district.

Sec. 17.

Minnesota Statutes 2022, section 179A.07, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Bargaining unit information. new text end

new text begin (a) Within ten calendar days from the date of
hire of a bargaining unit employee, a public employer must provide the following contact
information to an exclusive representative in an Excel file format or other format agreed to
by the exclusive representative: name; job title; worksite location, including location within
a facility when appropriate; home address; work telephone number; home and personal cell
phone numbers on file with the public employer; date of hire; and work email address and
personal email address on file with the public employer.
new text end

new text begin (b) Every 120 calendar days beginning on January 1, 2024, a public employer must
provide to an exclusive representative in an Excel file or similar format agreed to by the
exclusive representative the following information for all bargaining unit employees: name;
job title; worksite location, including location within a facility when appropriate; home
address; work telephone number; home and personal cell phone numbers on file with the
public employer; date of hire; and work email address and personal email address on file
with the public employer.
new text end

new text begin (c) A public employer must notify an exclusive representative within ten calendar days
of the separation of employment or transfer out of the bargaining unit of a bargaining unit
employee.
new text end

Sec. 18.

Minnesota Statutes 2022, section 179A.07, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Access. new text end

new text begin (a) A public employer must allow an exclusive representative to meet
in person with newly hired employees, without charge to the pay or leave time of the
employees, for 30 minutes, within 30 calendar days from the date of hire, during new
employee orientations or, if the employer does not conduct new employee orientations, at
individual or group meetings. An exclusive representative shall receive no less than ten
days' notice in advance of an orientation, except that a shorter notice may be provided where
there is an urgent need critical to the operations of the public employer that was not
reasonably foreseeable. Notice of and attendance at new employee orientations and other
meetings under this paragraph must be limited to the public employer, the employees, the
exclusive representative, and any vendor contracted to provide a service for purposes of the
meeting. Meetings may be held virtually or for longer than 30 minutes only by mutual
agreement of the public employer and exclusive representative.
new text end

new text begin (b) A public employer must allow an exclusive representative to communicate with
bargaining unit members using their employer-issued email addresses regarding collective
bargaining, the administration of collective bargaining agreements, the investigation of
grievances, other workplace-related complaints and issues, and internal matters involving
the governance or business of the exclusive representative, consistent with the employer's
generally applicable technology use policies.
new text end

new text begin (c) A public employer must allow an exclusive representative to meet with bargaining
unit members in facilities owned or leased by the public employer regarding collective
bargaining, the administration of collective bargaining agreements, grievances and other
workplace-related complaints and issues, and internal matters involving the governance or
business of the exclusive representative, provided the use does not interfere with
governmental operations. Meetings conducted in government buildings pursuant to this
paragraph must not be for the purpose of supporting or opposing any candidate for partisan
political office or for the purpose of distributing literature or information regarding partisan
elections. An exclusive representative conducting a meeting in a government building or
other government facility pursuant to this subdivision may be charged for maintenance,
security, and other costs related to the use of the government building or facility that would
not otherwise be incurred by the government entity.
new text end

Sec. 19.

Minnesota Statutes 2022, section 179A.12, is amended by adding a subdivision
to read:

new text begin Subd. 2a. new text end

new text begin Majority verification procedure. new text end

new text begin (a) Notwithstanding any other provision
of this section, an employee organization may file a petition with the commissioner requesting
certification as the exclusive representative of an appropriate unit based on a verification
that over 50 percent of the employees in the proposed appropriate unit wish to be represented
by the petitioner. The commissioner shall require dated representation authorization
signatures of affected employees as verification of the employee organization's claim of
majority status.
new text end

new text begin (b) Upon receipt of an employee organization's petition, accompanied by employee
authorization signatures under this subdivision, the commissioner shall investigate the
petition. If the commissioner determines that over 50 percent of the employees in an
appropriate unit have provided authorization signatures designating the employee
organization specified in the petition as their exclusive representative, the commissioner
shall not order an election but shall certify the employee organization.
new text end

Sec. 20.

Minnesota Statutes 2022, section 179A.12, subdivision 6, is amended to read:

Subd. 6.

Authorization signatures.

In determining the numerical status of an employee
organization for purposes of this section, the commissioner shall require dated representation
authorization signatures of affected employees as verification of the statements contained
in the joint request or petitions. These authorization signatures shall be privileged and
confidential information available to the commissioner only. new text begin Electronic signatures, as defined
in section 325L.02, paragraph (h), shall be valid as authorization signatures. Authorization
signatures shall be valid for a period of one year following the date of signature.
new text end

Sec. 21.

Minnesota Statutes 2022, section 179A.12, subdivision 11, is amended to read:

Subd. 11.

Unfair labor practices.

If the commissioner finds that an unfair labor practice
was committed by an employer or representative candidate or an employee or group of
employees, and that the unfair labor practice affected the result of an election new text begin or majority
verification procedure pursuant to subdivision 2a new text end , or that procedural or other irregularities
in the conduct of the election new text begin or majority verification procedure new text end may have substantially
affected its results, the commissioner may void the deleted text begin election deleted text end result and order a new election new text begin
or majority verification procedure new text end .

Sec. 22.

new text begin [181.531] EMPLOYER-SPONSORED MEETINGS OR COMMUNICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin An employer or the employer's agent, representative, or
designee must not discharge, discipline, or otherwise penalize or threaten to discharge,
discipline, or otherwise penalize or take any adverse employment action against an employee:
new text end

new text begin (1) because the employee declines to attend or participate in an employer-sponsored
meeting or declines to receive or listen to communications from the employer or the agent,
representative, or designee of the employer if the meeting or communication is to
communicate the opinion of the employer about religious or political matters;
new text end

new text begin (2) as a means of inducing an employee to attend or participate in meetings or receive
or listen to communications described in clause (1); or
new text end

new text begin (3) because the employee, or a person acting on behalf of the employee, makes a
good-faith report, orally or in writing, of a violation or a suspected violation of this section.
new text end

new text begin Subd. 2. new text end

new text begin Remedies. new text end

new text begin An aggrieved employee may bring a civil action to enforce this
section no later than 90 days after the date of the alleged violation in the district court where
the violation is alleged to have occurred or where the principal office of the employer is
located. The court may award a prevailing employee all appropriate relief, including
injunctive relief, reinstatement to the employee's former position or an equivalent position,
back pay and reestablishment of any employee benefits, including seniority, to which the
employee would otherwise have been eligible if the violation had not occurred and any
other appropriate relief as deemed necessary by the court to make the employee whole. The
court shall award a prevailing employee reasonable attorney fees and costs.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin Within 30 days of the effective date of this section, an employer subject
to this section shall post and keep posted, a notice of employee rights under this section
where employee notices are customarily placed.
new text end

new text begin Subd. 4. new text end

new text begin Scope. new text end

new text begin This section does not:
new text end

new text begin (1) prohibit communications of information that the employer is required by law to
communicate, but only to the extent of the lawful requirement;
new text end

new text begin (2) limit the rights of an employer or its agent, representative, or designee to conduct
meetings involving religious or political matters so long as attendance is wholly voluntary
or to engage in communications so long as receipt or listening is wholly voluntary; or
new text end

new text begin (3) limit the rights of an employer or its agent, representative, or designee from
communicating to its employees any information that is necessary for the employees to
perform their lawfully required job duties.
new text end

new text begin Subd. 5. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section:
new text end

new text begin (1) "political matters" means matters relating to elections for political office, political
parties, proposals to change legislation, proposals to change regulations, proposals to change
public policy, and the decision to join or support any political party or political, civic,
community, fraternal, or labor organization; and
new text end

new text begin (2) "religious matters" means matters relating to religious belief, affiliation, and practice
and the decision to join or support any religious organization or association.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

new text begin [181.991] RESTRICTIVE FRANCHISE AGREEMENTS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given them.
new text end

new text begin (b) "Employee" means an individual employed by an employer and includes independent
contractors.
new text end

new text begin (c) "Employer" has the meaning given in section 177.23, subdivision 6.
new text end

new text begin (d) "Franchise," "franchisee," and "franchisor" have the meanings given in section
80C.01, subdivisions 4 to 6.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition on restrictive franchise agreements. new text end

new text begin (a) No franchisor may
restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring an employee
of a franchisee of the same franchisor.
new text end

new text begin (b) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting
or hiring an employee of the franchisor.
new text end

new text begin Subd. 3. new text end

new text begin Franchise agreement amendment. new text end

new text begin Notwithstanding any law to the contrary,
no later than one year from the effective date of this section, franchisors shall amend existing
franchise agreements to remove any restrictive employment provision that violates
subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Severability. new text end

new text begin If any provision of this section is found to be unconstitutional
and void, the remaining provisions of this section are valid.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to franchise agreements entered into or amended on or after that date.
new text end

Sec. 24.

Minnesota Statutes 2022, section 182.659, subdivision 1, is amended to read:

Subdivision 1.

Authority to inspect.

In order to carry out the purposes of this chapter,
the commissioner, upon presenting appropriate credentials to the owner, operator, or agent
in charge, is authorized to enter without delay and at reasonable times any place of
employment; and to inspect and investigate during regular working hours and at other
reasonable times, and within reasonable limits and in a reasonable manner, any such place
of employment and all pertinent conditions, structures, machines, apparatus, devices,
equipment, and materials therein, and to question privately any such employer, owner,
operator, agent or employee. new text begin An employer or its representatives, including but not limited
to its management, attorneys, or consultants, may not be present for any employee interview.
new text end

Sec. 25.

Minnesota Statutes 2022, section 182.659, subdivision 8, is amended to read:

Subd. 8.

Protection from subpoena; data.

Neither the commissioner nor any new text begin current
or former new text end employee of the department deleted text begin , including those employees of the Department of
Health providing services to the Department of Labor and Industry, pursuant to section
182.67, subdivision 1, deleted text end is subject to subpoena for purposes of inquiry into any occupational
safety and health inspection except in enforcement proceedings brought under this chapter.
Data that identify individuals who provide data to the department as part of an investigation
conducted under this chapter shall be private.

Sec. 26.

Minnesota Statutes 2022, section 182.66, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Classification of citation data. new text end

new text begin Notwithstanding section 13.39, subdivision 2,
the data in a written citation is classified as public data 20 days after the employer has
received the citation. All data in the citation is public, including but not limited to the
employer's name, the employer's address, and the address of the worksite; the date or dates
of inspection; the date the citation was issued; the provision of the act, standard, rule, or
order alleged to have been violated; the severity level of the citation; the description of the
nature of the violation; the proposed abatement date; the proposed penalty; and any abatement
guidelines. If a notice of contest is filed contesting any part of a citation pursuant to section
182.661, subdivision 3, the date that the notice was filed shall also be classified as public
data 20 days after the employer has received the citation.
new text end

Sec. 27.

Minnesota Statutes 2022, section 182.661, is amended by adding a subdivision
to read:

new text begin Subd. 3c. new text end

new text begin Contestation of time for correction of a violation. new text end

new text begin (a) Where an employer
contests the period of time fixed for correction of a violation that is not a serious, willful,
or repeat violation, the period of time shall not run until the order of the commissioner
becomes final.
new text end

new text begin (b) Where an employer or employee contests the period of time fixed for correction of
a violation that is a serious, willful, or repeat violation, the commissioner may refer the
matter to the office of administrative hearings for an expedited contested case hearing solely
on the reasonableness of the time fixed for correction. The administrative law judge may
order the employer to correct the violation pending final resolution of the cited violations
on the merits.
new text end

Sec. 28.

Minnesota Statutes 2022, section 182.676, is amended to read:

182.676 SAFETY COMMITTEES.

(a) Every public or private employer of more than 25 employees shall establish and
administer a joint labor-management safety committee.

(b) Every public or private employer of 25 or fewer employees shall establish and
administer a safety committee if deleted text begin : deleted text end new text begin it is subject to the requirements of section 182.653,
subdivision 8.
new text end

deleted text begin (1) the employer has a lost workday cases incidence rate in the top ten percent of all
rates for employers in the same industry; or
deleted text end

deleted text begin (2) the workers' compensation premium classification assigned to the greatest portion
of the payroll for the employer has a pure premium rate as reported by the Workers'
Compensation Rating Association in the top 25 percent of premium rates for all classes.
deleted text end

(c) A safety committee must hold regularly scheduled meetings unless otherwise provided
in a collective bargaining agreement.

(d) Employee safety committee members must be selected by employees. An employer
that fails to establish or administer a safety committee as required by this section may be
cited by the commissioner. A citation is punishable as a serious violation under section
182.666.

The commissioner may adopt rules necessary to implement this section.

Sec. 29.

Minnesota Statutes 2022, section 326B.093, subdivision 4, is amended to read:

Subd. 4.

Examination results.

If the applicant receives a passing score on the
examination and meets all other requirements for licensure, the commissioner must approve
the application and notify the applicant of the approval within 60 days of the date of the
passing score. The applicant must, within 180 days after the notification of approval, pay
the license fee. Upon receipt of the license fee, the commissioner must issue the license. If
the applicant does not pay the license fee within 180 days after the notification of approval,
the commissioner will rescind the approval and must deny the application. If the applicant
does not receive a passing score on the examination, the commissioner must deny the
application. If the application is denied because of the applicant's failure to receive a passing
score on the examination, then the applicant cannot submit a new application for the license
until at least 30 days after the deleted text begin notification deleted text end new text begin date new text end of deleted text begin denial deleted text end new text begin the failed examination new text end .

Sec. 30.

Minnesota Statutes 2022, section 326B.106, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Refrigerants designated as acceptable for use. new text end

new text begin No provision of the code or
appendix chapter of the code may prohibit or otherwise limit the use of a refrigerant
designated as acceptable for use in accordance with United States Code, title 42, section
7671k, provided any equipment containing the refrigerant is listed and installed in full
compliance with all applicable requirements, safety standards, and use conditions imposed
pursuant to such a designation or as otherwise required by law.
new text end

Sec. 31.

Minnesota Statutes 2022, section 326B.163, subdivision 5, is amended to read:

Subd. 5.

Elevator.

As used in this chapter, "elevator" means moving walks and vertical
transportation devices such as escalators, passenger elevators, freight elevators, dumbwaiters,
hand-powered elevators, endless belt lifts, and deleted text begin wheelchair deleted text end platform lifts. Elevator does not
include external temporary material lifts or temporary construction personnel elevators at
sites of construction of new or remodeled buildings.

Sec. 32.

Minnesota Statutes 2022, section 326B.163, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Platform lift. new text end

new text begin As used in this chapter, "platform lift" means a powered hoisting
and lowering device designed to transport mobility-impaired persons on a guided platform.
new text end

Sec. 33.

Minnesota Statutes 2022, section 326B.164, subdivision 13, is amended to read:

Subd. 13.

Exemption from licensing.

new text begin (a) new text end Employees of a licensed elevator contractor
or licensed limited elevator contractor are not required to hold or obtain a license under this
section or be provided with direct supervision by a licensed master elevator constructor,
licensed limited master elevator constructor, licensed elevator constructor, or licensed limited
elevator constructor to install, maintain, or repair platform lifts and stairway chairlifts.
Unlicensed employees performing elevator work under this exemption must comply with
subdivision 5. This exemption does not include the installation, maintenance, repair, or
replacement of electrical wiring for elevator equipment.

new text begin (b) Contractors or individuals shall not be required to hold or obtain a license under this
section when performing work on:
new text end

new text begin (1) conveyors, excluding vertical reciprocating conveyors;
new text end

new text begin (2) platform lifts not covered under section 326B.163, subdivision 5a; or
new text end

new text begin (3) dock levelers.
new text end

Sec. 34.

Minnesota Statutes 2022, section 326B.31, subdivision 30, is amended to read:

Subd. 30.

Technology system contractor.

"Technology system contractor" means a
licensed contractor whose responsible licensed individual is a licensed power limited
technician new text begin or licensed master electrician new text end .

Sec. 35.

Minnesota Statutes 2022, section 326B.32, subdivision 1, is amended to read:

Subdivision 1.

Composition.

(a) The Board of Electricity shall consist of 12 members.
Eleven members shall be appointed by the governor with the advice and consent of the
senate and shall be voting members. Appointments of members by the governor shall be
made in accordance with section 15.066. If the senate votes to refuse to consent to an
appointment of a member made by the governor, the governor shall appoint a new member
with the advice and consent of the senate. One member shall be the commissioner of labor
and industry or the commissioner's designee, who shall be a voting member. Of the 11
appointed members, the composition shall be as follows:

(1) one member shall be an electrical inspector;

(2) two members shall be representatives of the electrical suppliers in rural areas;

(3) two members shall be master electricians, who shall be contractors;

(4) two members shall be journeyworker electricians;

(5) one member shall be a registered consulting electrical engineer;

(6) deleted text begin two members deleted text end new text begin one member new text end shall be new text begin a new text end power limited deleted text begin technicians deleted text end new text begin technician new text end , who shall
be new text begin a new text end technology system deleted text begin contractors primarily engaged in the business of installing technology
circuits or systems deleted text end new text begin contractor new text end ; deleted text begin and
deleted text end

new text begin (7) one member shall be a power limited technician; and
new text end

deleted text begin (7) deleted text end new text begin (8) new text end one member shall be a public member as defined by section 214.02.

The electrical inspector shall be appointed to a term to end December 31, 2011. One of
the rural electrical suppliers shall be appointed for a term to end December 31, 2011. The
other rural electrical supplier shall be appointed for a term to end December 31, 2010. The
consulting electrical engineer shall be appointed for a term to end December 31, 2011. One
of the master electrician contractors shall be appointed for a term to end December 31, 2011.
The other master electrician contractor shall be appointed for a term to end December 31,
2010. One of the journeyworker electricians shall be appointed for a term to end December
31, 2011. The other journeyworker electrician shall be appointed for a term to end December
31, 2010. One of the power limited technicians shall be appointed for a term to end December
31, 2011. The other power limited technician shall be appointed for a term to end December
31, 2010. The public member shall be appointed for a term to end December 31, 2010.

(b) The consulting electrical engineer must possess a current Minnesota professional
engineering license and maintain the license for the duration of the term on the board. All
other appointed members, except for the public member and the representatives of electrical
suppliers in rural areas, must possess a current electrical license issued by the Department
of Labor and Industry and maintain that license for the duration of their terms. All appointed
members must be residents of Minnesota at the time of and throughout the member's
appointment. The term of any appointed member that does not maintain membership
qualification status shall end on the date of the status change and the governor shall appoint
a new member. It is the responsibility of the member to notify the board of their status
change.

(c) For appointed members, except the initial terms designated in paragraph (a), each
term shall be three years with the terms ending on December 31. Members appointed by
the governor shall be limited to three consecutive terms. The governor shall, all or in part,
reappoint the current members or appoint replacement members with the advice and consent
of the senate. Midterm vacancies shall be filled for the remaining portion of the term.
Vacancies occurring with less than six months time remaining in the term shall be filled for
the existing term and the following three-year term. Members may serve until their successors
are appointed but in no case later than July 1 in a year in which the term expires unless
reappointed.

Sec. 36.

Minnesota Statutes 2022, section 326B.36, subdivision 7, is amended to read:

Subd. 7.

Exemptions from inspections.

Installations, materials, or equipment shall not
be subject to inspection under sections 326B.31 to 326B.399:

(1) when owned or leased, operated and maintained by any employer whose maintenance
electricians are exempt from licensing under sections 326B.31 to 326B.399, while performing
electrical maintenance work only as defined by rule;

(2) when owned or leased, and operated and maintained by any electrical,
communications, or railway utility, cable communications company as defined in section
238.02, or telephone company as defined under section 237.01, in the exercise of its utility,
antenna, or telephone function; and

(i) are used exclusively for the generations, transformation, distribution, transmission,
new text begin load control, new text end or metering of electric current, or the operation of railway signals, or the
transmission of intelligence, and do not have as a principal function the consumption or use
of electric current by or for the benefit of any person other than such utility, cable
communications company, or telephone company; and

(ii) are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction; and

(iii) are not on the load side of the service point or point of entrance for communication
systems;

(3) when used in the street lighting operations of an electrical utility;

(4) when used as outdoor area lights which are owned and operated by an electrical
utility and which are connected directly to its distribution system and located upon the
utility's distribution poles, and which are generally accessible only to employees of such
utility or persons acting under its control or direction;

(5) when the installation, material, and equipment are in facilities subject to the
jurisdiction of the federal Mine Safety and Health Act; or

(6) when the installation, material, and equipment is part of an elevator installation for
which the elevator contractor, licensed under section 326B.164, is required to obtain a permit
from the authority having jurisdiction as provided by section 326B.184, and the inspection
has been or will be performed by an elevator inspector certified and licensed by the
department. This exemption shall apply only to installations, material, and equipment
permitted or required to be connected on the load side of the disconnecting means required
for elevator equipment under National Electrical Code Article 620, and elevator
communications and alarm systems within the machine room, car, hoistway, or elevator
lobby.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 37.

Minnesota Statutes 2022, section 326B.36, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Electric utility exemptions; additional requirements. new text end

new text begin For exemptions to
inspections exclusively for load control allowed for electrical utilities under subdivision 7,
clause (2), item (i), the exempted work must be:
new text end

new text begin (1) performed by a licensed electrician employed by a class A electrical contractor
licensed under section 326B.33;
new text end

new text begin (2) for replacement or repair of existing equipment for an electric utility other than a
public utility as defined in section 216B.02, subdivision 4, only; and
new text end

new text begin (3) completed on or before December 31, 2028.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 38.

Minnesota Statutes 2022, section 326B.805, subdivision 6, is amended to read:

Subd. 6.

Exemptions.

The license requirement does not apply to:

(1) an employee of a licensee performing work for the licensee;

(2) a material person, manufacturer, or retailer furnishing finished products, materials,
or articles of merchandise who does not install or attach the items;

(3) an owner of residential real estate who builds or improves deleted text begin any structure on deleted text end residential
real estate deleted text begin , deleted text end if the deleted text begin building or improving is performed by the owner's bona fide employees
or by individual owners personally. deleted text end new text begin owner occupies or will occupy the residential real estate
for residential purposes, or will retain ownership for rental purposes upon completion of
the building or improvement. new text end This exemption does not apply to an owner who constructs
or improves deleted text begin property deleted text end new text begin residential real estate new text end for purposes of new text begin resale or new text end speculation deleted text begin if the
building or improving is performed by the owner's bona fide employees or by individual
owners personally. A deleted text end new text begin . An owner of new text end residential deleted text begin building contractor or residential remodeler deleted text end new text begin
real estate new text end will be presumed to be building or improving for purposes of speculation if the
deleted text begin contractor or remodeler deleted text end new text begin owner new text end constructs or improves more than one property within any
24-month period new text begin , unless the properties will be retained by the owner for rental purposes new text end ;

(4) an architect or professional engineer engaging in professional practice as defined by
section 326.02, subdivisions 2 and 3;

(5) a person whose total gross annual receipts for performing specialty skills for which
licensure would be required under this section do not exceed $15,000;

(6) a mechanical contractor;

(7) a plumber, electrician, or other person whose profession is otherwise subject to
statewide licensing, when engaged in the activity which is the subject of that licensure;

(8) specialty contractors who provide only one special skill as defined in section
326B.802;

(9) a school district, or a technical college governed under chapter 136F; and

(10) Habitat for Humanity and Builders Outreach Foundation, and their individual
volunteers when engaged in activities on their behalf.

To qualify for the exemption in clause (5), a person must obtain a certificate of exemption
from licensure from the commissioner. A certificate of exemption will be issued upon the
applicant's filing with the commissioner, an affidavit stating that the applicant does not
expect to exceed $15,000 in gross annual receipts derived from performing services which
require licensure under this section during the calendar year in which the affidavit is received.
For the purposes of calculating fees under section 326B.092, a certificate of exemption is
an entry level license. To renew the exemption in clause (5), the applicant must file an
affidavit stating that the applicant did not exceed $15,000 in gross annual receipts during
the past calendar year. If a person, operating under the exemption in clause (5), exceeds
$15,000 in gross receipts during any calendar year, the person must immediately surrender
the certificate of exemption and apply for the appropriate license. The person must remain
licensed until such time as the person's gross annual receipts during a calendar year fall
below $15,000. The person may then apply for an exemption for the next calendar year.

Sec. 39.

Minnesota Statutes 2022, section 326B.921, subdivision 8, is amended to read:

Subd. 8.

Reciprocity with other states.

deleted text begin The commissioner may issue a temporary license
without examination, upon payment of the required fee, to nonresident applicants who are
licensed under the laws of a state having standards for licensing which the commissioner
determines are substantially equivalent to the standards of this state if the other state grants
similar privileges to Minnesota residents duly licensed in this state. Applicants who receive
a temporary license under this section may acquire an aggregate of 24 months of experience
before they have to apply and pass the licensing examination. Applicants must register with
the commissioner of labor and industry and the commissioner shall set a fee for a temporary
license. Applicants have five years in which to comply with this section.
deleted text end

new text begin (a) The commissioner may enter into reciprocity agreements for personal licenses with
another state if approved by the board. Once approved by the board, the commissioner may
issue a personal license without requiring the applicant to pass an examination provided the
applicant:
new text end

new text begin (1) submits an application under this section;
new text end

new text begin (2) pays the application and examination fee and license fee required under section
326B.092; and
new text end

new text begin (3) holds a valid comparable license in the state participating in the agreement.
new text end

new text begin (b) Reciprocity agreements are subject to the following:
new text end

new text begin (1) the parties to the agreement must administer a statewide licensing program that
includes examination and qualifying experience or training comparable to Minnesota's
licensing program;
new text end

new text begin (2) the experience and training requirements under which an individual applicant qualified
for examination in the qualifying state must be deemed equal to or greater than required for
an applicant making application in Minnesota at the time the applicant acquired the license
in the qualifying state;
new text end

new text begin (3) the applicant must have acquired the license in the qualifying state through an
examination deemed equivalent to the same class of license examination in Minnesota;
new text end

new text begin (4) at the time of application, the applicant must hold a valid license in the qualifying
state and have held the license continuously for at least one year before making application
in Minnesota;
new text end

new text begin (5) an applicant is not eligible for a license under this subdivision if the applicant has
failed the same or greater class of license examination in Minnesota, or if the applicant's
license of the same or greater class has been revoked or suspended; and
new text end

new text begin (6) an applicant who has failed to renew a personal license for two years or more after
its expiration is not eligible for a license under this subdivision.
new text end

Sec. 40.

Minnesota Statutes 2022, section 326B.925, subdivision 1, is amended to read:

Subdivision 1.

Composition.

(a) The Board of High Pressure Piping Systems shall
consist of 13 members. Twelve members shall be appointed by the governor with the advice
and consent of the senate and shall be voting members. Appointments of members by the
governor shall be made in accordance with section 15.066. If the senate votes to refuse to
consent to an appointment of a member made by the governor, the governor shall appoint
a new member with the advice and consent of the senate. One member shall be the
commissioner of labor and industry or the commissioner of labor and industry's designee,
who shall be a voting member. Of the 12 appointed members, the composition shall be as
follows:

(1) one member shall be a high pressure piping inspector;

(2) one member shall be a licensed mechanical engineer;

(3) one member shall be a representative of the high pressure piping industry;

(4) four members shall be master high pressure pipefitters engaged in the business of
high pressure piping, two from the metropolitan area and two from greater Minnesota;

(5) two members shall be journeyworker high pressure pipefitters deleted text begin engaged in the business
of high pressure piping systems installation deleted text end , one from the metropolitan area and one from
greater Minnesota;

(6) one member shall be a representative of industrial companies that use high pressure
piping systems in their industrial process;

(7) one member shall be a representative from utility companies in Minnesota; and

(8) one member shall be a public member as defined by section 214.02.

The high pressure piping inspector shall be appointed for a term to end December 31,
2011. The professional mechanical engineer shall be appointed for a term to end December
31, 2010. The representative of the high pressure piping industry shall be appointed for a
term to end December 31, 2011. Two of the master high pressure pipefitters shall be
appointed for a term to end December 31, 2011. The other two master high pressure
pipefitters shall be appointed for a term to end December 31, 2010. One of the journeyworker
high pressure pipefitters shall be appointed for a term to end December 31, 2011. The other
journeyworker high pressure pipefitter shall be appointed for a term to end December 31,
2010. The one representative of industrial companies that use high pressure piping systems
in their industrial process shall be appointed for a term to end December 31, 2010. The one
representative of a utility company in Minnesota shall be appointed for a term to end
December 31, 2010. The public member shall be appointed for a term to end December 31,
2010.

(b) The licensed professional mechanical engineer must possess a current Minnesota
professional engineering license and maintain the license for the duration of their term. All
other appointed members, except for the representative of the piping industry, the
representative of industrial companies that use high pressure piping systems, the public
member, and the representative of public utility companies in Minnesota, must possess a
current high pressure piping license issued by the Department of Labor and Industry and
maintain that license for the duration of their term. All appointed members must be residents
of Minnesota at the time of and throughout the member's appointment. The term of any
appointed member that does not maintain membership qualification status shall end on the
date of status change and the governor shall appoint a new member. It is the responsibility
of the member to notify the board of the member's status change.

(c) For appointed members, except the initial terms designated in paragraph (a), each
term shall be three years with the terms ending on December 31. Members appointed by
the governor shall be limited to three consecutive terms. The governor shall, all or in part,
reappoint the current members or appoint replacement members with the advice and consent
of the senate. Midterm vacancies shall be filled for the remaining portion of the term.
Vacancies occurring with less than six months time remaining in the term shall be filled for
the existing term and the following three-year term. Members may serve until their successors
are appointed but in no case later than July 1 in a year in which the term expires unless
reappointed.

Sec. 41.

Minnesota Statutes 2022, section 326B.988, is amended to read:

326B.988 EXCEPTIONS.

(a) The provisions of sections 326B.95 to 326B.998 shall not apply to:

(1) boilers and pressure vessels in buildings occupied solely for residence purposes with
accommodations for not more than five families;

(2) railroad locomotives operated by railroad companies for transportation purposes;

(3) air tanks installed on the right-of-way of railroads and used directly in the operation
of trains;

(4) boilers and pressure vessels under the direct jurisdiction of the United States;

(5) unfired pressure vessels having an internal or external working pressure not exceeding
15 psig with no limit on size;

(6) pressure vessels used for storage of compressed air not exceeding five cubic feet in
volume and equipped with an ASME code stamped safety valve set at a maximum of 100
psig;

(7) pressure vessels having an inside diameter not exceeding six inches;

(8) every vessel that contains water under pressure, including those containing air that
serves only as a cushion, whose design pressure does not exceed 300 psig and whose design
temperature does not exceed 210 degrees Fahrenheit;

(9) boiler or pressure vessels located on farms used solely for agricultural or horticultural
purposes; for purposes of this section, boilers used for mint oil extraction are considered
used for agricultural or horticultural purposes, provided that the owner or lessee complies
with the inspection requirements contained in section 326B.958;

(10) tanks or cylinders used for storage or transfer of liquefied petroleum gases;

(11) unfired pressure vessels in petroleum refineries;

(12) an air tank or pressure vessel which is an integral part of a passenger motor bus,
truck, or trailer;

(13) hot water heating and other hot liquid boilers not exceeding a heat input of 750,000
BTU per hour;

(14) hot water supply boilers deleted text begin (water heaters) deleted text end not exceeding a heat input of deleted text begin 500,000 deleted text end new text begin
200,000 new text end BTU per hour, deleted text begin a water temperature of 210 degrees Fahrenheit, deleted text end new text begin or potable water
heaters not exceeding a heat input of 200,000 BTU per hour or new text end a nominal water capacity
of 120 gallons deleted text begin , or a pressure of 160 psig deleted text end ;

(15) a laundry and dry cleaning press not exceeding five cubic feet of steam volume;

(16) pressure vessels operated full of water or other liquid not materially more hazardous
than water, if the vessel's contents' temperature does not exceed 210 degrees Fahrenheit or
a pressure of 200 psig;

(17) steam-powered turbines at papermaking facilities which are powered by steam
generated by steam facilities at a remote location;

(18) manually fired boilers for model locomotive, boat, tractor, stationary engine, or
antique motor vehicles constructed or maintained only as a hobby for exhibition, educational
or historical purposes and not for commercial use, if the boilers have an inside diameter of
12 inches or less, or a grate area of two square feet or less, and are equipped with an ASME
stamped safety valve of adequate size, a water level indicator, and a pressure gauge;

(19) any pressure vessel used as an integral part of an electrical circuit breaker;

(20) pressure vessels used for the storage of refrigerant if they are built to ASME code
specifications, registered with the national board, and equipped with an ASME code-stamped
pressure-relieving device set no higher than the maximum allowable working pressure of
the vessel. This does not include pressure vessels used in ammonia refrigeration systems;

(21) pressure vessels used for the storage of oxygen, nitrogen, helium, carbon dioxide,
argon, nitrous oxide, or other medical gas, provided the vessel is constructed to ASME or
Minnesota Department of Transportation specifications and equipped with an ASME
code-stamped pressure-relieving device. The owner of the vessels shall perform annual
visual inspections and planned maintenance on these vessels to ensure vessel integrity;

(22) pressure vessels used for the storage of compressed air for self-contained breathing
apparatuses;

(23) hot water heating or other hot liquid boilers vented directly to the atmosphere; and

(24) pressure vessels used for the storage of compressed air not exceeding 1.5 cubic feet
(11.22 gallons) in volume with a maximum allowable working pressure of 600 psi or less.

(b) An engineer's license is not required for hot water supply boilers.

(c) An engineer's license and annual inspection by the department is not required for
boilers, steam cookers, steam kettles, steam sterilizers or other steam generators not exceeding
100,000 BTU per hour input, 25 kilowatt, and a pressure of 15 psig.

(d) Electric boilers not exceeding a maximum working pressure of 50 psig, maximum
of 30 kilowatt input or three horsepower rating shall be inspected as pressure vessels and
shall not require an engineer license to operate.

Sec. 42.

new text begin [327.30] SACRED COMMUNITIES AND MICRO-UNIT DWELLINGS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Chronically homeless" has the meaning given in United States Code, title 42, section
11360, as amended through May 20, 2009.
new text end

new text begin (c) "Designated volunteers" means persons who have not experienced homelessness and
have been approved by the religious institution to live in a sacred community as their sole
form of housing.
new text end

new text begin (d) "Extremely low income" means an income that is equal to or less than 30 percent of
the area median income, adjusted for family size, as estimated by the Department of Housing
and Urban Development.
new text end

new text begin (e) "Micro unit" means a mobile residential dwelling providing permanent housing
within a sacred community that meets the requirements of subdivision 4.
new text end

new text begin (f) "Religious institution" means a church, synagogue, mosque, or other religious
organization organized under chapter 315.
new text end

new text begin (g) "Sacred community" means a residential settlement established on or contiguous to
the grounds of a religious institution's primary worship location primarily for the purpose
of providing permanent housing for chronically homeless persons, extremely low-income
persons, and designated volunteers that meets the requirements of subdivision 3.
new text end

new text begin Subd. 2. new text end

new text begin Dwelling in micro units in sacred communities authorized. new text end

new text begin Religious
institutions are authorized to provide permanent housing to people who are chronically
homeless, extremely low-income, or designated volunteers, in sacred communities composed
of micro units subject to the provisions of this section.
new text end

new text begin Subd. 3. new text end

new text begin Sacred community requirements. new text end

new text begin (a) A sacred community must provide
residents of micro units access to water and electric utilities either by connecting the micro
units to the utilities that are serving the principal building on the lot or by other comparable
means, or by providing the residents access to permanent common kitchen facilities and
common facilities for toilet, bathing, and laundry with the number and type of fixtures
required for an R-2 boarding house under Minnesota Rules, part 1305.2902. Any units that
are plumbed shall not be included in determining the minimum number of fixtures required
for the common facilities.
new text end

new text begin (b) A sacred community under this section must:
new text end

new text begin (1) be appropriately insured;
new text end

new text begin (2) have between one-third and 40 percent of the micro units occupied by designated
volunteers; and
new text end

new text begin (3) provide the municipality with a written plan approved by the religious institution's
governing board that outlines:
new text end

new text begin (i) disposal of water and sewage from micro units if not plumbed;
new text end

new text begin (ii) septic tank drainage if plumbed units are not hooked up to the primary worship
location's system;
new text end

new text begin (iii) adequate parking, lighting, and access to units by emergency vehicles;
new text end

new text begin (iv) protocols for security and addressing conduct within the settlement; and
new text end

new text begin (v) safety protocols for severe weather.
new text end

new text begin (c) A sacred community meeting the requirements of this section shall be approved and
regulated as a permitted use, conditional use, or planned unit development, as determined
by the municipality. When approved, additional permitting is not required for individual
micro units.
new text end

new text begin (d) Sacred communities are subject to the laws governing landlords and tenants under
chapter 504B.
new text end

new text begin Subd. 4. new text end

new text begin Micro unit requirements. new text end

new text begin (a) In order to be eligible to be placed within a
sacred community, a micro unit must be built to the requirements of the American National
Standards Institute (ANSI) Code 119.5, which includes standards for heating, electrical
systems, and fire and life safety. A micro unit must also meet the following technical
requirements:
new text end

new text begin (1) be no more than 400 gross square feet;
new text end

new text begin (2) be built on a permanent chassis and anchored to pin foundations with engineered
fasteners;
new text end

new text begin (3) have exterior materials that are compatible in composition, appearance, and durability
to the exterior materials used in standard residential construction;
new text end

new text begin (4) have a minimum insulation rating of R-20 in walls, R-30 in floors, and R-38 in
ceilings, as well as residential grade insulated doors and windows;
new text end

new text begin (5) have a dry, compostable, or plumbed toilet or other system meeting the requirements
of the Minnesota Pollution Control Agency, Chapters 7035, 7040, 7049, and 7080, or other
applicable rules;
new text end

new text begin (6) have either an electrical system that meets NFPA 70 NEC, section 551 or 552 as
applicable or a low voltage electrical system that meets ANSI/RVIA Low Voltage Standard,
current edition;
new text end

new text begin (7) have minimum wall framing with two inch by four inch wood or metal studs with
framing of 16 inches to 24 inches on center, or the equivalent in structural insulated panels,
with a floor load of 40 pounds per square foot and a roof live load of 42 pounds per square
foot; and
new text end

new text begin (8) have smoke and carbon monoxide detectors installed.
new text end

new text begin (b) All micro units, including their anchoring, must be inspected and certified for
compliance with these requirements by a licensed Minnesota professional engineer or
qualified third-party inspector for ANSI compliance accredited pursuant to either the
American Society for Testing and Materials Appendix E541 or ISO/IEC 17020.
new text end

new text begin (c) Micro units that connect to utilities such as water, sewer, gas, or electric, must obtain
any permits or inspections required by the municipality or utility company for that connection.
new text end

new text begin (d) Micro units must comply with municipal setback requirements established by
ordinance for manufactured homes. If a municipality does not have such an ordinance, micro
units must be set back on all sides by at least ten feet.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 43.

Minnesota Statutes 2022, section 572B.17, is amended to read:

572B.17 WITNESSES; SUBPOENAS; DEPOSITIONS; DISCOVERY.

(a) An arbitrator may issue a subpoena for the attendance of a witness and for the
production of records and other evidence at any hearing and may administer oaths. A
subpoena must be served in the manner for service of subpoenas in a civil action and, upon
motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the
manner for enforcement of subpoenas in a civil action.

(b) On request of a party to or a witness in an arbitration proceeding, an arbitrator may
permit a deposition of any witness to provide testimony at the arbitration hearing, including
a witness who cannot be subpoenaed for or is unable to attend a hearing, to be taken under
conditions determined by the arbitrator for use as evidence in order to make the proceeding
fair, expeditious, and cost-effective.

(c) An arbitrator may permit such discovery as the arbitrator decides is appropriate in
the circumstances, taking into account the needs of the parties to the arbitration proceeding
and other affected persons and the desirability of making the proceeding fair, expeditious,
and cost-effective.

(d) If an arbitrator permits discovery under subsection (c), the arbitrator may order a
party to the arbitration proceeding to comply with the arbitrator's discovery-related orders,
including the issuance of a subpoena for the attendance of a witness and for the production
of records and other evidence at a discovery proceeding, and may take action against a party
to the arbitration proceeding who does not comply to the extent permitted by law as if the
controversy were the subject of a civil action in this state.

(e) An arbitrator may issue a protective order to prevent the disclosure of privileged
information, confidential information, trade secrets, new text begin data classified as nonpublic or private
pursuant to chapter 13, new text end and other information protected from disclosure as if the controversy
were the subject of a civil action in this state.

(f) All laws compelling a person under subpoena to testify and all fees for attending a
judicial proceeding, a deposition, or a discovery proceeding as a witness apply to an
arbitration proceeding as if the controversy were the subject of a civil action under the laws
and rules of civil procedure of this state.

(g) The court may enforce a subpoena or discovery-related order for the attendance of
a witness within this state and for the production of records and other evidence issued by
an arbitrator in connection with an arbitration proceeding in another state upon conditions
determined by the court in order to make the arbitration proceeding fair, expeditious, and
cost-effective. A subpoena or discovery-related order issued by an arbitrator must be served
in the manner provided by law for service of subpoenas in a civil action in this state and,
upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced
in the manner provided by law for enforcement of subpoenas in a civil action in this state.

Sec. 44. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 179A.12, subdivision 2, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1522-1

179A.12 EXCLUSIVE REPRESENTATION; ELECTIONS; DECERTIFICATION.

Subd. 2.

Certification upon joint request.

The commissioner may certify an employee organization as an exclusive representative in an appropriate unit upon the joint request of the employer and the organization if, after investigation, the commissioner finds that no unfair labor practice was committed in initiating and submitting the joint request and that the employee organization represents over 50 percent of the employees in the appropriate unit. This subdivision does not reduce the time period or nullify any bar to the employee organization's certification existing at the time of the filing of the joint request.