1.1 	A bill for an act
1.2 	relating to state government; establishing the biennial budget for the Department 
1.3 	of Labor and Industry, Workers' Compensation Court of Appeals, and Bureau of 
1.4 	Mediation Services; providing protections for agricultural and food processing 
1.5 	workers; establishing nursing home workforce standards; modifying combative 
1.6 	sports; providing for safe workplaces for meat and poultry processing workers; 
1.7 	regulating restrictive employment agreements; modifying other miscellaneous 
1.8 	policy provisions; requiring reports; appropriating money;amending Minnesota 
1.9 	Statutes 2022, sections 15.71, by adding subdivisions; 15.72, by adding a 
1.10 	subdivision; 116J.871, subdivision 2; 175.16, subdivision 1; 177.26, subdivisions 
1.11 	1, 2; 177.27, subdivisions 4, 7; 178.01; 178.011, subdivision 7; 178.03, subdivision 
1.12 	1; 178.11; 179.86, subdivisions 1, 3, by adding subdivisions; 181.14, subdivision 
1.13 	1; 181.635, subdivisions 1, 2, 3, 4, 6; 181.85, subdivisions 2, 4; 181.86, subdivision 
1.14 	1; 181.87, subdivisions 2, 3, 7; 181.88; 181.89, subdivision 2, by adding a 
1.15 	subdivision; 181.9435, subdivision 1; 181.9436; 182.654, subdivision 11; 182.666, 
1.16 	subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 290.0132, by adding a 
1.17 	subdivision; 326B.092, subdivision 6; 326B.096; 326B.103, subdivision 13, by 
1.18 	adding subdivisions; 326B.106, subdivisions 1, 4, by adding a subdivision; 
1.19 	326B.802, subdivision 15; 337.01, subdivision 3; 337.05, subdivision 1; 341.21, 
1.20 	subdivisions 2a, 2b, 2c, 4f, 7, by adding a subdivision; 341.221; 341.25; 341.27; 
1.21 	341.28, subdivisions 2, 3, by adding subdivisions; 341.30, subdivision 4; 341.32, 
1.22 	subdivision 2; 341.321; 341.33; 341.355; proposing coding for new law in 
1.23 	Minnesota Statutes, chapters 179; 181; 182; 341; repealing Minnesota Statutes 
1.24 	2022, section 177.26, subdivision 3.
1.25 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.26 	ARTICLE 1
1.27 	APPROPRIATIONS

1.28	Section 1. APPROPRIATIONS.
 	
1.29 	(a) The sums shown in the columns marked "Appropriations" are appropriated to the 
1.30 	agencies and for the purposes specified in this article. The appropriations are from the 
1.31 	general fund, or another named fund, and are available for the fiscal years indicated for 
2.1 	each purpose. The figures "2024" and "2025" used in this article mean that the appropriations 
2.2 	listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025, 
2.3 	respectively. "The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The 
2.4 	biennium" is fiscal years 2024 and 2025.
2.5 	(b) If an appropriation in this article is enacted more than once in the 2023 regular or 
2.6 	special legislative session, the appropriation must be given effect only once.

2.7				APPROPRIATIONS
	
2.8				Available for the Year
	
2.9				Ending June 30
	
2.10					2024
		2025

2.11
2.12	Sec. 2. DEPARTMENT OF LABOR AND 
INDUSTRY

2.13	Subdivision 1.Total Appropriation
 	$
	46,561,000
	$
	43,504,000

2.14	Appropriations by Fund
	
2.15		2024
	2025
	
2.16	General
	6,911,000
	5,227,000
	
2.17
2.18	Workers' 
Compensation
	29,739,000
	31,512,000
	
2.19
2.20	Workforce 
Development
	9,911,000
	6,765,000
	
2.21 	The amounts that may be spent for each 
2.22 	purpose are specified in the following 
2.23 	subdivisions.

2.24	Subd. 2.General Support
 		8,765,000
		9,106,000
	
2.25 	This appropriation is from the workers' 
2.26 	compensation fund.

2.27	Subd. 3.Labor Standards
 		6,972,000
		6,608,000

2.28	Appropriations by Fund
	
2.29	General
	5,409,000
	4,973,000
	
2.30
2.31	Workforce 
Development
	1,563,000
	1,635,000
	
2.32 	(a) $2,046,000 each year is for wage theft 
2.33 	prevention.
3.1 	(b) $1,563,000 the first year and $1,635,000 
3.2 	the second year are from the workforce 
3.3 	development fund for prevailing wage 
3.4 	enforcement.
3.5 	(c) $268,000 the first year and $276,000 the 
3.6 	second year are for outreach and enforcement 
3.7 	efforts related to changes to the nursing 
3.8 	mothers, lactating employees, and pregnancy 
3.9 	accommodations law.
3.10 	(d) $184,000 the first year and $142,000 the 
3.11 	second year are to strengthen workplace 
3.12 	protections for agricultural and food 
3.13 	processing workers.
3.14 	(e) $661,000 the first year and $357,000 the 
3.15 	second year are to perform work for the 
3.16 	Nursing Home Workforce Standards Board. 
3.17 	The base is $404,000 in fiscal year 2026 and 
3.18 	$357,000 in fiscal year 2027.
3.19 	(f) $225,000 the first year and $169,000 the 
3.20 	second year are for the purposes of article 6.
3.21 	(g) $245,000 the first year and $138,000 the 
3.22 	second year are to the Attorney General's 
3.23 	Office for the purposes of article 6.
3.24 	(h) $59,000 the first year and $25,000 the 
3.25 	second year are to the Department of Revenue 
3.26 	to implement and administer the change to the 
3.27 	state income tax subtraction for the purposes 
3.28 	of article 7.
3.29 	(i) $175,000 the first year and $175,000 the 
3.30 	second year are to the Attorney General's 
3.31 	Office to enforce construction workers wage 
3.32 	protections.

3.33	Subd. 4.Workers' Compensation
 		15,190,000
		15,725,000
	
4.1 	This appropriation is from the workers' 
4.2 	compensation fund.

4.3	Subd. 5.Workplace Safety
 		7,043,000
		6,681,000

4.4	Appropriations by Fund
	
4.5	General
	1,259,000
	-0-
	
4.6
4.7	Workers' 
Compensation
	5,784,000
	6,681,000
	
4.8 	(a) $477,000 the first year and $1,128,000 the 
4.9 	second year are from the workers' 
4.10 	compensation fund for education and outreach, 
4.11 	staffing, and technology development of the 
4.12 	ergonomics program under Minnesota 
4.13 	Statutes, section 182.677. The base 
4.14 	appropriation is $1,487,000 in fiscal year 2026 
4.15 	and $1,196,000 in fiscal year 2027.
4.16 	(b) $1,259,000 the first year for the 
4.17 	ergonomics safety grant program. This amount 
4.18 	is available until June 30, 2026. This is a 
4.19 	onetime appropriation.

4.20	Subd. 6.Workforce Development Initiatives
 		2,659,000
		2,371,000
	
4.21 	(a) This appropriation is from the workforce 
4.22 	development fund.
4.23 	(b) $300,000 each year is from the workforce 
4.24 	development fund for the pipeline program.
4.25 	(c) $200,000 each year is from the workforce 
4.26 	development fund for identification of 
4.27 	competency standards under Minnesota 
4.28 	Statutes, section 175.45.
4.29 	(d) $1,500,000 each year is from the 
4.30 	workforce development fund for youth skills 
4.31 	training grants under Minnesota Statutes, 
4.32 	section 175.46.
5.1 	(e) $359,000 the first year and $371,000 the 
5.2 	second year are from the workforce 
5.3 	development fund for administration of the 
5.4 	youth skills training grants under Minnesota 
5.5 	Statutes, section 175.46.
5.6 	(f) $300,000 the first year is for a grant to 
5.7 	Independent School District No. 294, Houston, 
5.8 	for the Minnesota Virtual Academy's career 
5.9 	pathways program with Operating Engineers 
5.10 	Local 49. The program may include up to five 
5.11 	semesters of courses and must lead to 
5.12 	eligibility into the Operating Engineers Local 
5.13 	49 apprenticeship program.
5.14 	(1) The grant may be used to encourage and 
5.15 	support student participation in the career 
5.16 	pathways program through additional 
5.17 	academic, counseling, and other support 
5.18 	services provided by the student's enrolling 
5.19 	school district. The Minnesota Virtual 
5.20 	Academy may contract with a student's 
5.21 	enrolling school district to provide these 
5.22 	services.
5.23 	(2) The career pathways program must provide 
5.24 	outreach to and encourage participation in its 
5.25 	programming by students of color, Indigenous 
5.26 	students, students from families with low 
5.27 	income, students located throughout 
5.28 	Minnesota, and underserved students. This 
5.29 	appropriation does not cancel and is available 
5.30 	until June 30, 2025.

5.31	Subd. 7.Combative Sports
 		243,000
		254,000

5.32	Subd. 8.Apprenticeship
 		5,689,000
		2,759,000
	
5.33 	(a) This appropriation is from the workforce 
5.34 	development fund.
6.1 	(b) $1,330,000 the first year and $1,392,000 
6.2 	the second year are from the workforce 
6.3 	development fund for the apprenticeship 
6.4 	program under Minnesota Statutes, chapter 
6.5 	178.
6.6 	(c) $1,134,000 the first year and $1,142,000 
6.7 	the second year are from the workforce 
6.8 	development fund for labor education and 
6.9 	advancement program grants under Minnesota 
6.10 	Statutes, section 178.11.
6.11 	(d) $3,000,000 onetime in the first year is from 
6.12 	the workforce development fund for grants to 
6.13 	registered apprenticeship programs for clean 
6.14 	economy occupations. Of this amount, up to 
6.15 	five percent is for administration and 
6.16 	monitoring of the program. This appropriation 
6.17 	is available until June 30, 2026. Grant funds 
6.18 	may be used to:
6.19 	(1) purchase equipment or training materials 
6.20 	in clean technologies;
6.21 	(2) fund instructor professional development 
6.22 	in clean technologies;
6.23 	(3) design and refine curriculum in clean 
6.24 	technologies; and
6.25 	(4) train apprentices and upskill incumbent 
6.26 	workers in clean technologies.
6.27 	(e) $225,000 the first year and $225,000 the 
6.28 	second year are from the workforce 
6.29 	development fund for grants to Building 
6.30 	Strong Communities for the Helmets to 
6.31 	Hardhats Minnesota initiative. Grant money 
6.32 	must be used to recruit, retain, assist, and 
6.33 	support National Guard, reserve, and active 
6.34 	duty military members' and veterans' 
7.1 	participation in apprenticeship programs 
7.2 	registered with the Department of Labor and 
7.3 	Industry and connect service members and 
7.4 	veterans with career training and employment 
7.5 	in the building and construction industry. The 
7.6 	recruitment, selection, employment, and 
7.7 	training must be without discrimination due 
7.8 	to race, color, creed, religion, national origin, 
7.9 	sex, sexual orientation, marital status, physical 
7.10 	or mental disability, receipt of public 
7.11 	assistance, or age.

7.12
7.13	Sec. 3. WORKERS' COMPENSATION COURT 
OF APPEALS
 	$
	2,583,000
	$
	2,563,000
	
7.14 	This appropriation is from the workers' 
7.15 	compensation fund.

7.16	Sec. 4. BUREAU OF MEDIATION SERVICES
 	$
	2,957,000
	$
	3,039,000
	
7.17 	(a) $68,000 each year is for grants to area 
7.18 	labor management committees. Grants may 
7.19 	be awarded for a 12-month period beginning 
7.20 	July 1 each year. Any unencumbered balance 
7.21 	remaining at the end of the first year does not 
7.22 	cancel but is available for the second year.
7.23 	(b) $47,000 each year is for rulemaking, 
7.24 	staffing, and other costs associated with peace 
7.25 	officer grievance procedures.

7.26 	ARTICLE 2
7.27 	AGRICULTURE AND FOOD PROCESSING WORKERS

7.28 	Section 1. Minnesota Statutes 2022, section 179.86, subdivision 1, is amended to read:
7.29 		Subdivision 1.Definition. For the purpose of this section, "employer" means an employer 
7.30 	in the meatpacking or poultry processing industry.

8.1 	Sec. 2. Minnesota Statutes 2022, section 179.86, subdivision 3, is amended to read:
8.2 		Subd. 3.Information provided to employee by employer. (a) At the start of 
8.3 	employment, an employer must provide an explanation in an employee's native language 
8.4 	of the employee's rights and duties as an employee either both person to person or and
8.5 	through written materials that, at a minimum, include:
8.6 	(1) a complete description of the salary and benefits plans as they relate to the employee;
8.7 	(2) a job description for the employee's position;
8.8 	(3) a description of leave policies;
8.9 	(4) a description of the work hours and work hours policy; and
8.10 	(5) a description of the occupational hazards known to exist for the position.; and
8.11 	(6) when workers' compensation insurance coverage is required by chapter 176, the 
8.12 	name of the employer's workers' compensation insurance carrier, the carrier's phone number, 
8.13 	and the insurance policy number.
8.14 	(b) The explanation must also include information on the following employee rights as 
8.15 	protected by state or federal law and a description of where additional information about 
8.16 	those rights may be obtained:
8.17 	(1) the right to organize and bargain collectively and refrain from organizing and 
8.18 	bargaining collectively;
8.19 	(2) the right to a safe workplace; and
8.20 	(3) the right to be free from discrimination.; and
8.21 	(4) the right to workers' compensation insurance coverage.
8.22 	(c) The Department of Labor and Industry shall provide a standard explanation form for 
8.23 	use at the employer's option for providing the information required in this subdivision. The 
8.24 	form shall be available in English and Spanish and additional languages upon request.
8.25 	(d) The requirements under this subdivision are in addition to the requirements under 
8.26 	section 181.032.

8.27 	Sec. 3. Minnesota Statutes 2022, section 179.86, is amended by adding a subdivision to 
8.28 	read:
8.29 		Subd. 5.Civil action. An employee injured by a violation of this section has a cause of 
8.30 	action for damages for the greater of $1,000 per violation or twice the employee's actual 
9.1 	damages, plus costs and reasonable attorney fees. A damage award shall be the greater of 
9.2 	$1,400 or three times actual damages for an employee injured by an intentional violation 
9.3 	of this section. Damages awarded under this subdivision shall be reduced by the amount of 
9.4 	any fine paid to the employee under subdivision 6.

9.5 	Sec. 4. Minnesota Statutes 2022, section 179.86, is amended by adding a subdivision to 
9.6 	read:
9.7 		Subd. 6.Fine. The commissioner of labor and industry shall fine an employer not less 
9.8 	than $400 or more than $1,000 for each violation of subdivision 3. The fine shall be payable 
9.9 	to the employee aggrieved, except the amount payable to the employee shall be reduced by 
9.10 	any damages awarded under subdivision 5.

9.11 	Sec. 5. Minnesota Statutes 2022, section 181.14, subdivision 1, is amended to read:
9.12 		Subdivision 1.Prompt payment required. (a) When any such employee quits or resigns 
9.13 	employment, the wages or commissions earned and unpaid at the time the employee quits 
9.14 	or resigns shall be paid in full not later than the first regularly scheduled payday following 
9.15 	the employee's final day of employment, unless an employee is subject to a collective 
9.16 	bargaining agreement with a different provision. Wages are earned and unpaid if the 
9.17 	employee was not paid for all time worked at the employee's regular rate of pay or at the 
9.18 	rate required by law, including any applicable statute, regulation, rule, ordinance, government 
9.19 	resolution or policy, contract, or other legal authority, whichever rate of pay is greater. If 
9.20 	the first regularly scheduled payday is less than five calendar days following the employee's 
9.21 	final day of employment, full payment may be delayed until the second regularly scheduled 
9.22 	payday but shall not exceed a total of 20 calendar days following the employee's final day 
9.23 	of employment.
9.24 	(b) Notwithstanding the provisions of paragraph (a), in the case of migrant workers, as 
9.25 	defined in section 181.85, the wages or commissions earned and unpaid at the time the 
9.26 	employee quits or resigns shall become due and payable within five three days thereafter.

9.27 	Sec. 6. Minnesota Statutes 2022, section 181.635, subdivision 1, is amended to read:
9.28 		Subdivision 1.Definitions. The definitions in this subdivision apply to this section.
9.29 	(a) "Employer" means a person who employs another to perform a service for hire. 
9.30 	Employer includes any agent or attorney of an employer who, for money or other valuable 
9.31 	consideration paid or promised to be paid, performs any recruiting.
10.1 	(b) "Person" means a corporation, partnership, limited liability company, limited liability 
10.2 	partnership, association, individual, or group of persons.
10.3 	(c) "Recruits" means to induce an individual, directly or through an agent, to relocate 
10.4 	to Minnesota or within Minnesota to work in food processing by an offer of employment
10.5 	or of the possibility of employment.
10.6 	(d) "Food processing" means canning, packing, or otherwise processing poultry or meat 
10.7 	for consumption.
10.8 	(e) "Terms and conditions of employment" means the following:
10.9 	(1) nature of the work to be performed;
10.10 	(2) wage rate, nature and amount of deductions for tools, clothing, supplies, or other 
10.11 	items;
10.12 	(3) anticipated hours of work per week, including overtime;
10.13 	(4) anticipated slowdown or shutdown or if hours of work per week vary more than 25 
10.14 	percent from clause (3);
10.15 	(5) duration of the work;
10.16 	(6) workers' compensation coverage and name, address, and telephone number of insurer 
10.17 	and Department of Labor and Industry;
10.18 	(7) employee benefits available, including any health plans, sick leave, or paid vacation;
10.19 	(8) transportation and relocation arrangements with allocation of costs between employer 
10.20 	and employee;
10.21 	(9) availability and description of housing and any costs to employee associated with 
10.22 	housing; and
10.23 	(10) any other item of value offered, and allocation of costs of item between employer 
10.24 	and employee.

10.25 	Sec. 7. Minnesota Statutes 2022, section 181.635, subdivision 2, is amended to read:
10.26 		Subd. 2.Recruiting; required disclosure. (a) An employer shall provide written 
10.27 	disclosure of the terms and conditions of employment to a person at the time it recruits the 
10.28 	person to relocate to work in the food processing industry. The disclosure requirement does 
10.29 	not apply to an exempt employee as defined in United States Code, title 29, section 213(a)(1). 
10.30 	The disclosure must be written in English and Spanish, or English and another language if 
10.31 	the person's preferred language is not English or Spanish, dated and signed by the employer 
11.1 	and the person recruited, and maintained by the employer for two three years. A copy of 
11.2 	the signed and completed disclosure must be delivered immediately to the recruited person. 
11.3 	The disclosure may not be construed as an employment contract.
11.4 	(b) The requirements under this subdivision are in addition to the requirements under 
11.5 	section 181.032.

11.6 	Sec. 8. Minnesota Statutes 2022, section 181.635, subdivision 3, is amended to read:
11.7 		Subd. 3.Civil action. A person injured by a violation of this section has a cause of action 
11.8 	for damages for the greater of $500 $1,000 per violation or twice their actual damages, plus 
11.9 	costs and reasonable attorney's fees. A damage award shall be the greater of $750 $1,400
11.10 	or three times actual damages for a person injured by an intentional violation of this section. 
11.11 	Damages awarded under this subdivision shall be reduced by the amount of any fine paid 
11.12 	to the employee under subdivision 4.

11.13 	Sec. 9. Minnesota Statutes 2022, section 181.635, subdivision 4, is amended to read:
11.14 		Subd. 4.Fine. The Department of Labor and Industry shall fine an employer not less 
11.15 	than $200 $400 or more than $500 $1,000 for each violation of this section. The fine shall 
11.16 	be payable to the employee aggrieved, except the amount payable to the employee shall be 
11.17 	reduced by any damages awarded under subdivision 3.

11.18 	Sec. 10. Minnesota Statutes 2022, section 181.635, subdivision 6, is amended to read:
11.19 		Subd. 6.Standard disclosure form. The Department of Labor and Industry shall provide 
11.20 	a standard form for use at the employer's option in making the disclosure required in 
11.21 	subdivision 2. The form shall be available in English and Spanish and additional languages 
11.22 	upon request.

11.23 	Sec. 11. Minnesota Statutes 2022, section 181.85, subdivision 2, is amended to read:
11.24 		Subd. 2.Agricultural labor. "Agricultural labor" means field labor associated with the 
11.25 	cultivation and harvest of fruits and vegetables and work performed in processing fruits and 
11.26 	vegetables for market, as well as labor performed in agriculture as defined in Minnesota 
11.27 	Rules, part 5200.0260.

11.28 	Sec. 12. Minnesota Statutes 2022, section 181.85, subdivision 4, is amended to read:
11.29 		Subd. 4.Employer. "Employer" means a processor of fruits or vegetables an individual, 
11.30 	partnership, association, corporation, business trust, or any person or group of persons that 
12.1 	employs, either directly or indirectly through a recruiter, more than 30one or more migrant 
12.2 	workers per day for more than seven days in any calendar year.

12.3 	Sec. 13. Minnesota Statutes 2022, section 181.86, subdivision 1, is amended to read:
12.4 		Subdivision 1.Terms. (a) An employer that recruits a migrant worker shall provide the 
12.5 	migrant worker, at the time the worker is recruited, with a written employment statement 
12.6 	which shall state clearly and plainly, in English and Spanish, or English and another language 
12.7 	if the worker's preferred language is not English or Spanish:
12.8 	(1) the date on which and the place at which the statement was completed and provided 
12.9 	to the migrant worker;
12.10 	(2) the name and permanent address of the migrant worker, of the employer, and of the 
12.11 	recruiter who recruited the migrant worker;
12.12 	(3) the date on which the migrant worker is to arrive at the place of employment, the 
12.13 	date on which employment is to begin, the approximate hours of employment, and the 
12.14 	minimum period of employment;
12.15 	(4) the crops and the operations on which the migrant worker will be employed;
12.16 	(5) the wage rates to be paid;
12.17 	(6) the payment terms, as provided in section 181.87;
12.18 	(7) any deduction to be made from wages; and
12.19 	(8) whether housing will be provided.; and
12.20 	(9) when workers' compensation insurance coverage is required by chapter 176, the 
12.21 	name of the employer's workers' compensation insurance carrier, the carrier's phone number, 
12.22 	and the insurance policy number.
12.23 	(b) The Department of Labor and Industry shall provide a standard employment statement 
12.24 	form for use at the employer's option for providing the information required in subdivision 
12.25 	1. The form shall be available in English and Spanish and additional languages upon request.
12.26 	(c) The requirements under this subdivision are in addition to the requirements under 
12.27 	section 181.032.

13.1 	Sec. 14. Minnesota Statutes 2022, section 181.87, subdivision 2, is amended to read:
13.2 		Subd. 2.Biweekly pay. The employer shall pay wages due to the migrant worker at 
13.3 	least every two weeks, except on termination, when the employer shall pay within three 
13.4 	days unless payment is required sooner pursuant to section 181.13.

13.5 	Sec. 15. Minnesota Statutes 2022, section 181.87, subdivision 3, is amended to read:
13.6 		Subd. 3.Guaranteed hours. The employer shall guarantee to each recruited migrant 
13.7 	worker a minimum of 70 hours pay for work in any two successive weeks and, should the 
13.8 	pay for hours actually offered by the employer and worked by the migrant worker provide 
13.9 	a sum of pay less than the minimum guarantee, the employer shall pay the migrant worker 
13.10 	the difference within three days after the scheduled payday for the pay period involved. 
13.11 	Payment for the guaranteed hours shall be at the hourly wage rate, if any, specified in the 
13.12 	employment statement, or the federal, state, or local minimum wage, whichever is higher
13.13 	highest. Any pay in addition to the hourly wage rate specified in the employment statement 
13.14 	shall be applied against the guarantee. This guarantee applies for the minimum period of 
13.15 	employment specified in the employment statement beginning with the date on which 
13.16 	employment is to begin as specified in the employment statement. The date on which 
13.17 	employment is to begin may be changed by the employer by written, telephonic, or 
13.18 	telegraphic notice to the migrant worker, at the worker's last known physical address or 
13.19 	email address, no later than ten days prior to the previously stated beginning date. The 
13.20 	migrant worker shall contact the recruiter to obtain the latest information regarding the date 
13.21 	upon which employment is to begin no later than five days prior to the previously stated 
13.22 	beginning date. This guarantee shall be reduced, when there is no work available for a period 
13.23 	of seven or more consecutive days during any two-week period subsequent to the 
13.24 	commencement of work, by five hours pay for each such day, when the unavailability of 
13.25 	work is caused by climatic conditions or an act of God, provided that the employer pays 
13.26 	the migrant worker, on the normal payday, the sum of $5 $50 for each such day.

13.27 	Sec. 16. Minnesota Statutes 2022, section 181.87, subdivision 7, is amended to read:
13.28 		Subd. 7.Statement itemizing deductions from wages. The employer shall provide a 
13.29 	written statement at the time wages are paid clearly itemizing each deduction from wages.
13.30 	The written statement shall also comply with all other requirements for an earnings statement 
13.31 	in section 181.032.

14.1 	Sec. 17. Minnesota Statutes 2022, section 181.88, is amended to read:
14.2 	181.88 RECORD KEEPING.
14.3 	Every employer subject to the provisions of sections 181.85 to 181.90 shall maintain 
14.4 	complete and accurate records of the names of, the daily hours worked by, the rate of pay 
14.5 	for and the wages paid each pay period to for every individual migrant worker recruited by 
14.6 	that employer, as required by section 177.30 and shall preserve the records also maintain 
14.7 	the employment statements required under section 181.86 for a period of at least three years.

14.8 	Sec. 18. Minnesota Statutes 2022, section 181.89, subdivision 2, is amended to read:
14.9 		Subd. 2.Judgment; damages. If the court finds that any defendant has violated the 
14.10 	provisions of sections 181.86 to 181.88, the court shall enter judgment for the actual damages 
14.11 	incurred by the plaintiff or the appropriate penalty as provided by this subdivision, whichever 
14.12 	is greater. The court may also award court costs and a reasonable attorney's fee. The penalties 
14.13 	shall be as follows:
14.14 	(1) whenever the court finds that an employer has violated the record-keeping 
14.15 	requirements of section 181.88, $50 $200;
14.16 	(2) whenever the court finds that an employer has recruited a migrant worker without 
14.17 	providing a written employment statement as provided in section 181.86, subdivision 1, 
14.18 	$250 $800;
14.19 	(3) whenever the court finds that an employer has recruited a migrant worker after having 
14.20 	provided a written employment statement, but finds that the employment statement fails to 
14.21 	comply with the requirement of section 181.86, subdivision 1 or section 181.87, $250 $800;
14.22 	(4) whenever the court finds that an employer has failed to comply with the terms of an 
14.23 	employment statement which the employer has provided to a migrant worker or has failed 
14.24 	to comply with any payment term required by section 181.87, $500 $1,600;
14.25 	(5) whenever the court finds that an employer has failed to pay wages to a migrant worker 
14.26 	within a time period set forth in section 181.87, subdivision 2 or 3, $500 $1,600; and
14.27 	(6) whenever penalties are awarded, they shall be awarded severally in favor of each 
14.28 	migrant worker plaintiff and against each defendant found liable.

15.1 	Sec. 19. Minnesota Statutes 2022, section 181.89, is amended by adding a subdivision to 
15.2 	read:
15.3 		Subd. 3.Enforcement. In addition to any other remedies available, the commissioner 
15.4 	may assess the penalties in subdivision 2 and provide the penalty to the migrant worker 
15.5 	aggrieved by the employer's noncompliance.

15.6 	ARTICLE 3
15.7 	NURSING HOME WORKFORCE STANDARDS

15.8 	Section 1. TITLE.
 15.9 	Minnesota Statutes, sections 181.211 to 181.217, shall be known as the "Minnesota 
15.10 	Nursing Home Workforce Standards Board Act."

15.11 	Sec. 2. Minnesota Statutes 2022, section 177.27, subdivision 7, is amended to read:
15.12 		Subd. 7.Employer liability. If an employer is found by the commissioner to have 
15.13 	violated a section identified in subdivision 4, or any rule adopted under section 177.28, 
15.14 	181.213, or 181.215, and the commissioner issues an order to comply, the commissioner 
15.15 	shall order the employer to cease and desist from engaging in the violative practice and to 
15.16 	take such affirmative steps that in the judgment of the commissioner will effectuate the 
15.17 	purposes of the section or rule violated. The commissioner shall order the employer to pay 
15.18 	to the aggrieved parties back pay, gratuities, and compensatory damages, less any amount 
15.19 	actually paid to the employee by the employer, and for an additional equal amount as 
15.20 	liquidated damages. Any employer who is found by the commissioner to have repeatedly 
15.21 	or willfully violated a section or sections identified in subdivision 4 shall be subject to a 
15.22 	civil penalty of up to $1,000 for each violation for each employee. In determining the amount 
15.23 	of a civil penalty under this subdivision, the appropriateness of such penalty to the size of 
15.24 	the employer's business and the gravity of the violation shall be considered. In addition, the 
15.25 	commissioner may order the employer to reimburse the department and the attorney general 
15.26 	for all appropriate litigation and hearing costs expended in preparation for and in conducting 
15.27 	the contested case proceeding, unless payment of costs would impose extreme financial 
15.28 	hardship on the employer. If the employer is able to establish extreme financial hardship, 
15.29 	then the commissioner may order the employer to pay a percentage of the total costs that 
15.30 	will not cause extreme financial hardship. Costs include but are not limited to the costs of 
15.31 	services rendered by the attorney general, private attorneys if engaged by the department, 
15.32 	administrative law judges, court reporters, and expert witnesses as well as the cost of 
15.33 	transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's 
16.1 	order from the date the order is signed by the commissioner until it is paid, at an annual rate 
16.2 	provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish 
16.3 	escrow accounts for purposes of distributing damages.

16.4 	Sec. 3. [181.211] DEFINITIONS.
16.5 		Subdivision 1.Application. The terms defined in this section apply to sections 181.211 
16.6 	to 181.217.
16.7 		Subd. 2.Board. "Board" means the Minnesota Nursing Home Workforce Standards 
16.8 	Board established under section 181.212.
16.9 		Subd. 3.Certified worker organization. "Certified worker organization" means a 
16.10 	worker organization that is certified by the board to conduct nursing home worker trainings 
16.11 	under section 181.214.
16.12 		Subd. 4.Commissioner. "Commissioner" means the commissioner of labor and industry.
16.13 		Subd. 5.Compensation. "Compensation" means all income and benefits paid by a 
16.14 	nursing home employer to a nursing home worker or on behalf of a nursing home worker, 
16.15 	including but not limited to wages, bonuses, differentials, paid leave, pay for scheduling 
16.16 	changes, and pay for training or occupational certification.
16.17 		Subd. 6.Employer organization. "Employer organization" means:
16.18 	(1) an organization that is exempt from federal income taxation under section 501(c)(6) 
16.19 	of the Internal Revenue Code and that represents nursing home employers; or
16.20 	(2) an entity that employers, who together employ a majority of nursing home workers 
16.21 	in Minnesota, have selected as a representative.
16.22 		Subd. 7.Nursing home. "Nursing home" means a nursing home licensed under chapter 
16.23 	144A, or a boarding care home licensed under sections 144.50 to 144.56.
16.24 		Subd. 8.Nursing home employer. "Nursing home employer" means an employer of 
16.25 	nursing home workers in a licensed, Medicaid-certified facility that is reimbursed under 
16.26 	chapter 256R.
16.27 		Subd. 9.Nursing home worker. "Nursing home worker" means any worker who provides 
16.28 	services in a nursing home in Minnesota, including direct care staff, non-direct care staff, 
16.29 	and contractors, but excluding administrative staff, medical directors, nursing directors, 
16.30 	physicians, and individuals employed by a supplemental nursing services agency.
17.1 		Subd. 10.Worker organization. "Worker organization" means an organization that is 
17.2 	exempt from federal income taxation under section 501(c)(3), 501(c)(4), or 501(c)(5) of 
17.3 	the Internal Revenue Code, that is not dominated or interfered with by any nursing home 
17.4 	employer within the meaning of United States Code, title 29, section 158a(2), and that has 
17.5 	at least five years of demonstrated experience engaging with and advocating for nursing 
17.6 	home workers.

17.7 	Sec. 4. [181.212] MINNESOTA NURSING HOME WORKFORCE STANDARDS 
17.8 	BOARD; ESTABLISHMENT.
17.9 		Subdivision 1.Board established; membership. (a) The Minnesota Nursing Home 
17.10 	Workforce Standards Board is created with the powers and duties established by law. The 
17.11 	board is composed of the following voting members:
17.12 	(1) the commissioner of human services or a designee;
17.13 	(2) the commissioner of health or a designee;
17.14 	(3) the commissioner of labor and industry or a designee;
17.15 	(4) three members who represent nursing home employers or employer organizations, 
17.16 	appointed by the governor in accordance with section 15.066; and
17.17 	(5) three members who represent nursing home workers or worker organizations, 
17.18 	appointed by the governor in accordance with section 15.066.
17.19 	(b) In making appointments under clause (4), the governor shall consider the geographic 
17.20 	distribution of nursing homes within the state.
17.21 		Subd. 2.Terms; vacancies. (a) Board members appointed under subdivision 1, clause 
17.22 	(4) or (5), shall serve four-year terms following the initial staggered-lot determination.
17.23 	(b) For members appointed under subdivision 1, clause (4) or (5), the governor shall fill 
17.24 	vacancies occurring prior to the expiration of a member's term by appointment for the 
17.25 	unexpired term. A member appointed under subdivision 1, clause (4) or (5), must not be 
17.26 	appointed to more than two consecutive terms.
17.27 	(c) A member serves until a successor is appointed.
17.28 		Subd. 3.Chairperson. The board shall elect a member by majority vote to serve as its 
17.29 	chairperson and shall determine the term to be served by the chairperson.
17.30 		Subd. 4.Staffing. The commissioner may employ an executive director for the board 
17.31 	and other personnel to carry out duties of the board under sections 181.211 to 181.217.
18.1 		Subd. 5.Board compensation. Compensation of board members is governed by section 
18.2 	15.0575.
18.3 		Subd. 6.Application of other laws. Meetings of the board are subject to chapter 13D. 
18.4 	The board is subject to chapter 13. The board shall comply with section 15.0597.
18.5 		Subd. 7.Voting. The affirmative vote of five board members is required for the board 
18.6 	to take any action, including actions necessary to establish minimum nursing home 
18.7 	employment standards under section 181.213.
18.8 		Subd. 8.Hearings and investigations. To carry out its duties, the board shall hold public 
18.9 	hearings on, and conduct investigations into, working conditions in the nursing home industry 
18.10 	in accordance with section 181.213.
18.11 		Subd. 9.Department support. The commissioner shall provide staff support to the 
18.12 	board. The support includes professional, legal, technical, and clerical staff necessary to 
18.13 	perform rulemaking and other duties assigned to the board. The commissioner shall supply 
18.14 	necessary office space and supplies to assist the board in its duties.
18.15 		Subd. 10.Antitrust compliance. The board shall establish operating procedures that 
18.16 	meet all state and federal antitrust requirements and may prohibit board member access to 
18.17 	data to meet the requirements of this subdivision.
18.18 		Subd. 11.Annual report. By December 1, 2023, and each December 1 thereafter, the 
18.19 	executive director of the board shall submit a report to the chairs and ranking minority 
18.20 	members of the house of representatives and senate committees with jurisdiction over labor 
18.21 	and human services on any actions taken and any standards adopted by the board.

18.22 	Sec. 5. [181.213] DUTIES OF THE BOARD; MINIMUM NURSING HOME 
18.23 	EMPLOYMENT STANDARDS.
18.24 		Subdivision 1.Authority to establish minimum nursing home employment 
18.25 	standards. (a) The board must adopt rules establishing minimum nursing home employment 
18.26 	standards that are reasonably necessary and appropriate to protect the health and welfare 
18.27 	of nursing home workers, to ensure that nursing home workers are properly trained about 
18.28 	and fully informed of their rights under sections 181.211 to 181.217, and to otherwise satisfy 
18.29 	the purposes of sections 181.211 to 181.217. Standards established by the board must include 
18.30 	standards on compensation for nursing home workers, and may include recommendations 
18.31 	under paragraph (c). The board may not adopt standards that are less protective of or 
18.32 	beneficial to nursing home workers as any other applicable statute or rule or any standard 
18.33 	previously established by the board unless there is a determination by the board under 
19.1 	subdivision 2 that existing standards exceed the operating payment rate and external fixed 
19.2 	costs payment rates included in the most recent budget and economic forecast completed 
19.3 	under section 16A.103. In establishing standards under this section, the board must establish 
19.4 	statewide standards, and may adopt standards that apply to specific nursing home occupations.
19.5 	(b) The board must adopt rules establishing initial standards for wages for nursing home 
19.6 	workers no later than August 1, 2024. The board may use the authority in section 14.389 
19.7 	to adopt rules under this paragraph. The board shall consult with the department in the 
19.8 	development of these standards prior to beginning the rule adoption process.
19.9 	(c) To the extent that any minimum standards that the board finds are reasonably 
19.10 	necessary and appropriate to protect the health and welfare of nursing home workers fall 
19.11 	within the jurisdiction of chapter 182, the board shall not adopt rules establishing the 
19.12 	standards but shall instead recommend the occupational health and safety standards to the 
19.13 	commissioner. The commissioner shall adopt nursing home health and safety standards 
19.14 	under section 182.655 as recommended by the board, unless the commissioner determines 
19.15 	that the recommended standard is outside the statutory authority of the commissioner, 
19.16 	presents enforceability challenges, is infeasible to implement, or is otherwise unlawful and 
19.17 	issues a written explanation of this determination.
19.18 		Subd. 2.Investigation of market conditions. (a) The board must investigate market 
19.19 	conditions and the existing wages, benefits, and working conditions of nursing home workers 
19.20 	for specific geographic areas of the state and specific nursing home occupations. Based on 
19.21 	this information, the board must seek to adopt minimum nursing home employment standards 
19.22 	that meet or exceed existing industry conditions for a majority of nursing home workers in 
19.23 	the relevant geographic area and nursing home occupation. Except for standards exceeding 
19.24 	the threshold determined in paragraph (d), initial employment standards established by the 
19.25 	board are effective beginning January 1, 2025, and shall remain in effect until any subsequent 
19.26 	standards are adopted by rules.
19.27 	(b) The board must consider the following types of information in making determinations 
19.28 	that employment standards are reasonably necessary to protect the health and welfare of 
19.29 	nursing home workers:
19.30 	(1) wage rate and benefit data collected by or submitted to the board for nursing home 
19.31 	workers in the relevant geographic area and nursing home occupations;
19.32 	(2) statements showing wage rates and benefits paid to nursing home workers in the 
19.33 	relevant geographic area and nursing home occupations;
20.1 	(3) signed collective bargaining agreements applicable to nursing home workers in the 
20.2 	relevant geographic area and nursing home occupations;
20.3 	(4) testimony and information from current and former nursing home workers, worker 
20.4 	organizations, nursing home employers, and employer organizations;
20.5 	(5) local minimum nursing home employment standards;
20.6 	(6) information submitted by or obtained from state and local government entities; and
20.7 	(7) any other information pertinent to establishing minimum nursing home employment 
20.8 	standards.
20.9 	(c) In considering wage and benefit increases, the board must determine the impact of 
20.10 	nursing home operating payment rates determined pursuant to section 256R.21, subdivision 
20.11 	3, and the employee benefits portion of the external fixed costs payment rate determined 
20.12 	pursuant to section 256R.25. If the board, in consultation with the commissioner of human 
20.13 	services, determines the operating payment rate and employee benefits portion of the external 
20.14 	fixed costs payment rate will increase to comply with the new employment standards, the 
20.15 	board shall report to the legislature the increase in funding needed to increase payment rates 
20.16 	to comply with the new employment standards and must make implementation of any new 
20.17 	nursing home employment standards contingent upon an appropriation, as determined by 
20.18 	sections 256R.21 and 256R.25, to fund the rate increase necessary to comply with the new 
20.19 	employment standards.
20.20 	(d) In evaluating the impact of the employment standards on payment rates determined 
20.21 	by sections 256R.21 and 256R.25, the board, in consultation with the commissioner of 
20.22 	human services, must consider the following:
20.23 	(1) the statewide average wage rates for employees pursuant to section 256R.10, 
20.24 	subdivision 5, and benefit rates pursuant to section 256R.02, subdivisions 18 and 22, as 
20.25 	determined by the annual Medicaid cost report used to determine the operating payment 
20.26 	rate and the employee benefits portion of the external fixed costs payment rate for the first 
20.27 	day of the calendar year immediately following the date the board has established minimum 
20.28 	wage and benefit levels;
20.29 	(2) compare the results of clause (1) to the operating payment rate and employee benefits 
20.30 	portion of the external fixed costs payment rate increase for the first day of the second 
20.31 	calendar year after the adoption of any nursing home employment standards included in the 
20.32 	most recent budget and economic forecast completed under section 16A.103; and
21.1 	(3) if the established nursing home employment standards result in an increase in costs 
21.2 	that exceed the operating payment rate and external fixed costs payment rate increase 
21.3 	included in the most recent budget and economic forecast completed under section 16A.103, 
21.4 	effective on the proposed implementation date of the new nursing home employment 
21.5 	standards, the board must determine if the rates will need to be increased to meet the new 
21.6 	employment standards and the standards must not be effective until an appropriation sufficient 
21.7 	to cover the rate increase and federal approval of the rate increase is obtained.
21.8 	(e) The budget and economic forecasts completed under section 16A.103 shall not 
21.9 	assume an increase in payment rates determined under chapter 256R resulting from the new 
21.10 	employment standards until the board certifies the rates will need to be increased and the 
21.11 	legislature appropriates funding for the increase in payment rates.
21.12 		Subd. 3.Review of standards. At least once every two years, the board shall:
21.13 	(1) conduct a full review of the adequacy of the minimum nursing home employment 
21.14 	standards previously established by the board; and
21.15 	(2) following that review, adopt new rules, amend or repeal existing rules, or make 
21.16 	recommendations to adopt new rules or amend or repeal existing rules for minimum nursing 
21.17 	home employment standards using the expedited rulemaking process in section 14.389, as 
21.18 	appropriate to meet the purposes of sections 181.211 to 181.217.
21.19 		Subd. 4.Variance and waiver. The board shall adopt procedures for considering 
21.20 	temporary variances and waivers of the established standards for individual nursing homes 
21.21 	based on the board's evaluation of the risk of closure due to compliance with all or part of 
21.22 	an applicable standard.
21.23 		Subd. 5.Conflict. (a) In the event of a conflict between a standard established by the 
21.24 	board in rule and a rule adopted by another state agency, the rule adopted by the board shall 
21.25 	apply to nursing home workers and nursing home employers.
21.26 	(b) Notwithstanding paragraph (a), in the event of a conflict between a standard 
21.27 	established by the board in rule and a rule adopted by another state agency, the rule adopted 
21.28 	by the other state agency shall apply to nursing home workers and nursing home employers 
21.29 	if the rule adopted by the other state agency is adopted after the board's standard and the 
21.30 	rule adopted by the other state agency is more protective or beneficial than the board's 
21.31 	standard.
21.32 	(c) Notwithstanding paragraph (a), if the commissioner of health determines that a 
21.33 	standard established by the board in rule or recommended by the board conflicts with 
22.1 	requirements in federal regulations for nursing home certification or with state statutes or 
22.2 	rules governing licensure of nursing homes, the federal regulations or state nursing home 
22.3 	licensure statutes or rules shall take precedence, and the conflicting board standard or rule 
22.4 	shall not apply to nursing home workers or nursing home employers.
22.5 		Subd. 6.Effect on other agreements. Nothing in sections 181.211 to 181.217 shall be 
22.6 	construed to:
22.7 	(1) limit the rights of parties to a collective bargaining agreement to bargain and agree 
22.8 	with respect to nursing home employment standards; or
22.9 	(2) diminish the obligation of a nursing home employer to comply with any contract, 
22.10 	collective bargaining agreement, or employment benefit program or plan that meets or 
22.11 	exceeds, and does not conflict with, the minimum standards and requirements in sections 
22.12 	181.211 to 181.217 or established by the board.

22.13 	Sec. 6. [181.214] DUTIES OF THE BOARD; TRAINING FOR NURSING HOME 
22.14 	WORKERS.
22.15 		Subdivision 1.Certification of worker organizations. The board shall certify worker 
22.16 	organizations that it finds are qualified to provide training to nursing home workers according 
22.17 	to this section. The board shall by rule establish certification criteria that a worker 
22.18 	organization must meet in order to be certified and provide a process for renewal of 
22.19 	certification upon the board's review of the worker organization's compliance with this 
22.20 	section. In adopting rules to establish certification criteria under this subdivision, the board 
22.21 	may use the authority in section 14.389. The criteria must ensure that a worker organization, 
22.22 	if certified, is able to provide:
22.23 	(1) effective, interactive training on the information required by this section; and
22.24 	(2) follow-up written materials and responses to inquiries from nursing home workers 
22.25 	in the languages in which nursing home workers are proficient.
22.26 		Subd. 2.Curriculum. (a) The board shall establish requirements for the curriculum for 
22.27 	the nursing home worker training required by this section. A curriculum must at least provide 
22.28 	the following information to nursing home workers:
22.29 	(1) the applicable compensation and working conditions in the minimum standards or 
22.30 	local minimum standards established by the board;
22.31 	(2) the antiretaliation protections established in section 181.216;
23.1 	(3) information on how to enforce sections 181.211 to 181.217 and on how to report 
23.2 	violations of sections 181.211 to 181.217 or of standards established by the board, including 
23.3 	contact information for the Department of Labor and Industry, the board, and any local 
23.4 	enforcement agencies, and information on the remedies available for violations;
23.5 	(4) the purposes and functions of the board and information on upcoming hearings, 
23.6 	investigations, or other opportunities for nursing home workers to become involved in board 
23.7 	proceedings;
23.8 	(5) other rights, duties, and obligations under sections 181.211 to 181.217;
23.9 	(6) any updates or changes to the information provided according to clauses (1) to (5) 
23.10 	since the most recent training session;
23.11 	(7) any other information the board deems appropriate to facilitate compliance with 
23.12 	sections 181.211 to 181.217; and
23.13 	(8) information on labor standards in other applicable local, state, and federal laws, rules, 
23.14 	and ordinances regarding nursing home working conditions or nursing home worker health 
23.15 	and safety.
23.16 	(b) Before establishing initial curriculum requirements, the board must hold at least one 
23.17 	public hearing to solicit input on the requirements.
23.18 		Subd. 3.Topics covered in training session. A certified worker organization is not 
23.19 	required to cover all of the topics listed in subdivision 2 in a single training session. A 
23.20 	curriculum used by a certified worker organization may provide instruction on each topic 
23.21 	listed in subdivision 2 over the course of up to three training sessions.
23.22 		Subd. 4.Annual review of curriculum requirements. The board must review the 
23.23 	adequacy of its curriculum requirements at least annually and must revise the requirements 
23.24 	as appropriate to meet the purposes of sections 181.211 to 181.217. As part of each annual 
23.25 	review of the curriculum requirements, the board must hold at least one public hearing to 
23.26 	solicit input on the requirements.
23.27 		Subd. 5.Duties of certified worker organizations. A certified worker organization:
23.28 	(1) must use a curriculum for its training sessions that meets requirements established 
23.29 	by the board;
23.30 	(2) must provide trainings that are interactive and conducted in the languages in which 
23.31 	the attending nursing home workers are proficient;
24.1 	(3) must, at the end of each training session, provide attending nursing home workers 
24.2 	with follow-up written or electronic materials on the topics covered in the training session, 
24.3 	in order to fully inform nursing home workers of their rights and opportunities under sections 
24.4 	181.211 to 181.217;
24.5 	(4) must make itself reasonably available to respond to inquiries from nursing home 
24.6 	workers during and after training sessions; and
24.7 	(5) may conduct surveys of nursing home workers who attend a training session to assess 
24.8 	the effectiveness of the training session and industry compliance with sections 181.211 to 
24.9 	181.217 and other applicable laws, rules, and ordinances governing nursing home working 
24.10 	conditions or worker health and safety.
24.11 		Subd. 6.Nursing home employer duties regarding training. (a) A nursing home 
24.12 	employer must submit written documentation to the board to certify that every two years 
24.13 	each of its nursing home workers completes one hour of training that meets the requirements 
24.14 	of this section and is provided by a certified worker organization. A nursing home employer 
24.15 	may, but is not required to, host training sessions on the premises of the nursing home.
24.16 	(b) If requested by a certified worker organization, a nursing home employer must, after 
24.17 	a training session provided by the certified worker organization, provide the certified worker 
24.18 	organization with the names and contact information of the nursing home workers who 
24.19 	attended the training session, unless a nursing home worker opts out according to paragraph 
24.20 	(c).
24.21 	(c) A nursing home worker may opt out of having the worker's nursing home employer 
24.22 	provide the worker's name and contact information to a certified worker organization that 
24.23 	provided a training session attended by the worker by submitting a written statement to that 
24.24 	effect to the nursing home employer.
24.25 		Subd. 7.Training compensation. A nursing home employer must compensate its nursing 
24.26 	home workers at their regular hourly rate of wages and benefits for each hour of training 
24.27 	completed as required by this section and reimburse any reasonable travel expenses associated 
24.28 	with attending training sessions not held on the premises of the nursing home.

24.29 	Sec. 7. [181.215] REQUIRED NOTICES.
24.30 		Subdivision 1.Provision of notice. (a) Nursing home employers must provide notices 
24.31 	informing nursing home workers of the rights and obligations provided under sections 
24.32 	181.211 to 181.217 of applicable minimum nursing home employment standards and local 
24.33 	minimum standards and that for assistance and information, nursing home workers should 
25.1 	contact the Department of Labor and Industry. A nursing home employer must provide 
25.2 	notice using the same means that the nursing home employer uses to provide other 
25.3 	work-related notices to nursing home workers. Provision of notice must be at least as 
25.4 	conspicuous as:
25.5 	(1) posting a copy of the notice at each work site where nursing home workers work 
25.6 	and where the notice may be readily seen and reviewed by all nursing home workers working 
25.7 	at the site; or
25.8 	(2) providing a paper or electronic copy of the notice to all nursing home workers and 
25.9 	applicants for employment as a nursing home worker.
25.10 	(b) The notice required by this subdivision must include text provided by the board that 
25.11 	informs nursing home workers that they may request the notice to be provided in a particular 
25.12 	language. The nursing home employer must provide the notice in the language requested 
25.13 	by the nursing home worker. The board must assist nursing home employers in translating 
25.14 	the notice in the languages requested by their nursing home workers.
25.15 		Subd. 2.Minimum content and posting requirements. The board must adopt rules 
25.16 	under section 14.389 specifying the minimum content and posting requirements for the 
25.17 	notices required in subdivision 1. The board must make available to nursing home employers 
25.18 	a template or sample notice that satisfies the requirements of this section and rules adopted 
25.19 	under this section.

25.20 	Sec. 8. [181.216] RETALIATION PROHIBITED.
25.21 	(a) A nursing home employer shall not discharge, discipline, penalize, interfere with, 
25.22 	threaten, restrain, coerce, or otherwise retaliate or discriminate against a nursing home 
25.23 	worker because the person has exercised or attempted to exercise rights protected under 
25.24 	this act, including but not limited to:
25.25 	(1) exercising any right afforded to the nursing home worker under sections 181.211 to 
25.26 	181.217;
25.27 	(2) participating in any process or proceeding under sections 181.211 to 181.217, 
25.28 	including but not limited to board hearings, board or department investigations, or other 
25.29 	related proceedings; or
25.30 	(3) attending or participating in the training required by section 181.214.
25.31 	(b) It shall be unlawful for an employer to:
26.1 	(1) inform another employer that a nursing home worker or former nursing home worker 
26.2 	has engaged in activities protected under sections 181.211 to 181.217; or
26.3 	(2) report or threaten to report the actual or suspected citizenship or immigration status 
26.4 	of a nursing home worker, former nursing home worker, or family member of a nursing 
26.5 	home worker to a federal, state, or local agency for exercising or attempting to exercise any 
26.6 	right protected under this act.
26.7 	(c) A person found to have experienced retaliation in violation of this section shall be 
26.8 	entitled to back pay and reinstatement to the person's previous position, wages, benefits, 
26.9 	hours, and other conditions of employment.

26.10 	Sec. 9. [181.217] ENFORCEMENT.
26.11 		Subdivision 1.Minimum nursing home employment standards. Except as provided 
26.12 	in section 181.213, subdivision 4, paragraph (b) or (c), the minimum wages and other 
26.13 	compensation established by the board in rule as minimum nursing home employment 
26.14 	standards shall be the minimum wages and other compensation for nursing home workers 
26.15 	or a subgroup of nursing home workers as a matter of state law. Except as provided in 
26.16 	section 181.213, subdivision 4, paragraph (b) or (c), it shall be unlawful for a nursing home 
26.17 	employer to employ a nursing home worker for lower wages or other compensation than 
26.18 	that established as the minimum nursing home employment standards.
26.19 		Subd. 2.Investigations. The commissioner may investigate possible violations of sections 
26.20 	181.214 to 181.217 or of the minimum nursing home employment standards established by 
26.21 	the board whenever it has cause to believe that a violation has occurred, either on the basis 
26.22 	of a report of a suspected violation or on the basis of any other credible information, including 
26.23 	violations found during the course of an investigation.
26.24 		Subd. 3.Civil action by nursing home worker. (a) One or more nursing home workers 
26.25 	may bring a civil action in district court seeking redress for violations of sections 181.211 
26.26 	to 181.217 or of any applicable minimum nursing home employment standards or local 
26.27 	minimum nursing home employment standards. Such an action may be filed in the district 
26.28 	court of the county where a violation or violations are alleged to have been committed or 
26.29 	where the nursing home employer resides, or in any other court of competent jurisdiction, 
26.30 	and may represent a class of similarly situated nursing home workers.
26.31 	(b) Upon a finding of one or more violations, a nursing home employer shall be liable 
26.32 	to each nursing home worker for the full amount of the wages, benefits, and overtime 
26.33 	compensation, less any amount the nursing home employer is able to establish was actually 
27.1 	paid to each nursing home worker, and for an additional equal amount as liquidated damages. 
27.2 	In an action under this subdivision, nursing home workers may seek damages and other 
27.3 	appropriate relief provided by section 177.27, subdivision 7, or otherwise provided by law, 
27.4 	including reasonable costs, disbursements, witness fees, and attorney fees. A court may also 
27.5 	issue an order requiring compliance with sections 181.211 to 181.217 or with the applicable 
27.6 	minimum nursing home employment standards or local minimum nursing home employment 
27.7 	standards. A nursing home worker found to have experienced retaliation in violation of 
27.8 	section 181.216 shall be entitled to back pay and reinstatement to the worker's previous 
27.9 	position, wages, benefits, hours, and other conditions of employment.
27.10 	(c) An agreement between a nursing home employer and nursing home worker or labor 
27.11 	union that fails to meet the minimum standards and requirements in sections 181.211 to 
27.12 	181.217 or established by the board is not a defense to an action brought under this 
27.13 	subdivision.

27.14 	Sec. 10. INITIAL APPOINTMENTS.
 27.15 	The governor shall make initial appointments to the Minnesota Nursing Home Workforce 
27.16 	Standards Board under Minnesota Statutes, section 181.212, no later than August 1, 2023. 
27.17 	Notwithstanding Minnesota Statutes, section 181.212, subdivision 2, the initial terms of 
27.18 	members appointed under Minnesota Statutes, section 181.212, subdivision 1, clauses (4) 
27.19 	and (5), shall be determined by lot by the secretary of state and shall be as follows:
27.20 	(1) one member appointed under each of Minnesota Statutes, section 181.212, subdivision 
27.21 	1, clauses (4) and (5), shall serve a two-year term;
27.22 	(2) one member appointed under each of Minnesota Statutes, section 181.212, subdivision 
27.23 	1, clauses (4) and (5), shall serve a three-year term; and
27.24 	(3) one member appointed under each of Minnesota Statutes, section 181.212, subdivision 
27.25 	1, clauses (4) and (5), shall serve a four-year term.
27.26 	The commissioner of labor and industry must convene the first meeting within 30 days after 
27.27 	the governor completes appointments to the board. The board must elect a chair at its first 
27.28 	meeting.

27.29 	EFFECTIVE DATE. This section is effective the day following final enactment.

28.1 	ARTICLE 4
28.2 	COMBATIVE SPORTS

28.3 	Section 1. Minnesota Statutes 2022, section 341.21, subdivision 2a, is amended to read:
28.4 		Subd. 2a.Combatant. "Combatant" means an individual who employs the act of attack 
28.5 	and defense as a professional boxer, professional or amateur tough person, martial artist
28.6 	professional or amateur kickboxer, or professional or amateur mixed martial artist while 
28.7 	engaged in a combative sport.

28.8 	Sec. 2. Minnesota Statutes 2022, section 341.21, subdivision 2b, is amended to read:
28.9 		Subd. 2b.Combative sport. "Combative sport" means a sport that employs the act of 
28.10 	attack and defense with the fists, with or without using padded gloves, or feet that is practiced 
28.11 	as a sport under the rules of the Association of Boxing Commissions, unified rules for mixed 
28.12 	martial arts, or their equivalent. Combative sports include professional boxing and,
28.13 	professional and amateur tough person, professional or amateur kickboxing, and professional 
28.14 	and amateur mixed martial arts contests.

28.15 	Sec. 3. Minnesota Statutes 2022, section 341.21, subdivision 2c, is amended to read:
28.16 		Subd. 2c.Combative sports contest. "Combative sports contest" means a professional 
28.17 	boxing, a professional or amateur tough person, a professional or amateur kickboxing, or 
28.18 	a professional or amateur martial art contest or mixed martial arts contest, bout, competition, 
28.19 	match, or exhibition.

28.20 	Sec. 4. Minnesota Statutes 2022, section 341.21, subdivision 4f, is amended to read:
28.21 		Subd. 4f.Martial art. "Martial art" means a variety of weaponless disciplines of combat 
28.22 	or self-defense that utilize physical skill and coordination, and are practiced as combat 
28.23 	sports. The disciplines include, but are not limited to, Wing Chun, kickboxing, Tae kwon 
28.24 	do, savate, karate, Muay Thai, sanshou, Jiu Jitsu, judo, ninjitsu, kung fu, Brazilian Jiu Jitsu, 
28.25 	wrestling, grappling, tai chi, and other weaponless martial arts disciplines.

28.26 	Sec. 5. Minnesota Statutes 2022, section 341.21, is amended by adding a subdivision to 
28.27 	read:
28.28 		Subd. 4i.Kickboxing. "Kickboxing" means the act of attack and defense with the fists 
28.29 	using padded gloves and bare feet.

29.1 	Sec. 6. Minnesota Statutes 2022, section 341.21, subdivision 7, is amended to read:
29.2 		Subd. 7.Tough person contest. "Tough person contest," including contests marketed 
29.3 	as tough man or tough woman contests, means a contest of two-minute rounds consisting 
29.4 	of not more than four rounds between two or more individuals who use their hands, or their 
29.5 	feet, or both in any manner. Tough person contest includes kickboxing and other recognized 
29.6 	martial art contest boxing match or similar contest where each combatant wears headgear 
29.7 	and gloves that weigh at least 12 ounces.

29.8 	Sec. 7. Minnesota Statutes 2022, section 341.221, is amended to read:
29.9 	341.221 ADVISORY COUNCIL.
29.10 	(a) The commissioner must appoint a Combative Sports Advisory Council to advise the 
29.11 	commissioner on the administration of duties under this chapter.
29.12 	(b) The council shall have nine five members appointed by the commissioner. One 
29.13 	member must be a retired judge of the Minnesota District Court, Minnesota Court of Appeals, 
29.14 	Minnesota Supreme Court, the United States District Court for the District of Minnesota, 
29.15 	or the Eighth Circuit Court of Appeals. At least four All five members must have knowledge 
29.16 	of the boxing industry. At least four members must have knowledge of the mixed martial 
29.17 	arts industry combative sports. The commissioner shall make serious efforts to appoint 
29.18 	qualified women to serve on the council.
29.19 	(c) Council members shall serve terms of four years with the terms ending on the first 
29.20 	Monday in January.
29.21 	(d) (c) The council shall annually elect from its membership a chair.
29.22 	(e) (d) Meetings shall be convened by the commissioner, or by the chair with the approval 
29.23 	of the commissioner.
29.24 	(f) The commissioner shall designate two of the members to serve until the first Monday 
29.25 	in January 2013; two members to serve until the first Monday in January 2014; two members 
29.26 	to serve until the first Monday in January 2015; and three members to serve until the first 
29.27 	Monday in January 2016.
29.28 	(e) Appointments to the council and the terms of council members are governed by 
29.29 	sections 15.059 and 15.0597.
29.30 	(g) (f) Removal of members, filling of vacancies, and compensation of members shall 
29.31 	be as provided in section 15.059.
30.1 	(g) Meetings convened for the purpose of advising the commissioner on issues related 
30.2 	to a challenge filed under section 341.345 are exempt from the open meeting requirements 
30.3 	of chapter 13D.

30.4 	Sec. 8. Minnesota Statutes 2022, section 341.25, is amended to read:
30.5 	341.25 RULES.
30.6 	(a) The commissioner may adopt rules that include standards for the physical examination 
30.7 	and condition of combatants and referees.
30.8 	(b) The commissioner may adopt other rules necessary to carry out the purposes of this 
30.9 	chapter, including, but not limited to, the conduct of all combative sport contests and their 
30.10 	manner, supervision, time, and place.
30.11 	(c) The commissioner must adopt unified rules for mixed martial arts contests.
30.12 	(d) The commissioner may adopt the rules of the Association of Boxing Commissions, 
30.13 	with amendments.
30.14 	(e) (c) The most recent version of the Unified Rules of Mixed Martial Arts, as 
30.15 	promulgated by the Association of Boxing Commissions and amended August 2, 2016, are, 
30.16 	is incorporated by reference and made a part of this chapter except as qualified by this 
30.17 	chapter and Minnesota Rules, chapter 2202. In the event of a conflict between this chapter 
30.18 	and the Unified Rules, this chapter must govern.
30.19 	(d) The most recent version of the Unified Rules of Boxing, as promulgated by the 
30.20 	Association of Boxing Commissions, is incorporated by reference and made a part of this 
30.21 	chapter except as qualified by this chapter and Minnesota Rules, chapter 2201. In the event 
30.22 	of a conflict between this chapter and the Unified Rules, this chapter must govern.
30.23 	(e) The most recent version of the Unified Rules of Kickboxing, as promulgated by the 
30.24 	Association of Boxing Commissions, is incorporated by reference and made a part of this 
30.25 	chapter except as qualified by this chapter and any applicable Minnesota Rules.  In the event 
30.26 	of a conflict between this chapter and the Unified Rules, this chapter must govern.

30.27 	Sec. 9. Minnesota Statutes 2022, section 341.27, is amended to read:
30.28 	341.27 COMMISSIONER DUTIES.
30.29 	The commissioner shall:
30.30 	(1) issue, deny, renew, suspend, or revoke licenses;
31.1 	(2) make and maintain records of its acts and proceedings including the issuance, denial, 
31.2 	renewal, suspension, or revocation of licenses;
31.3 	(3) keep public records of the council open to inspection at all reasonable times;
31.4 	(4) develop rules to be implemented under this chapter;
31.5 	(5) conform to the rules adopted under this chapter;
31.6 	(6) develop policies and procedures for regulating boxing, kickboxing, and mixed martial 
31.7 	arts;
31.8 	(7) approve regulatory bodies to oversee martial arts and amateur boxing contests under 
31.9 	section 341.28, subdivision 5;
31.10 	(7) (8) immediately suspend an individual license for a medical condition, including but 
31.11 	not limited to a medical condition resulting from an injury sustained during a match, bout, 
31.12 	or contest that has been confirmed by the ringside physician. The medical suspension must 
31.13 	be lifted after the commissioner receives written information from a physician licensed in 
31.14 	the home state of the licensee indicating that the combatant may resume competition, and 
31.15 	any other information that the commissioner may by rule require. Medical suspensions are 
31.16 	not subject to section 326B.082 or the contested case procedures provided in sections 14.57 
31.17 	to 14.69; and
31.18 	(8) (9) immediately suspend an individual combatant license for a mandatory rest period, 
31.19 	which must commence at the conclusion of every combative sports contest in which the 
31.20 	license holder competes and does not receive a medical suspension. A rest suspension must 
31.21 	automatically lift after 14 calendar days from the date the combative sports contest passed 
31.22 	without notice or additional proceedings. Rest suspensions are not subject to section 326B.082
31.23 	or the contested case procedures provided in sections 14.57 to 14.69.

31.24 	Sec. 10. Minnesota Statutes 2022, section 341.28, subdivision 2, is amended to read:
31.25 		Subd. 2.Regulatory authority; tough person contests. All professional and amateur 
31.26 	tough person contests are subject to this chapter. All tough person contests are subject to 
31.27 	the most recent version of the Unified Rules of Boxing, as promulgated by the Association 
31.28 	of Boxing Commissions rules. Every contestant in a tough person contest shall have a 
31.29 	physical examination prior to their bouts. Every contestant in a tough person contest shall 
31.30 	wear headgear and padded gloves that weigh at least 12 ounces. All tough person bouts are 
31.31 	limited to two-minute rounds and a maximum of four total rounds. Officials at all tough 
31.32 	person contests shall be licensed under this chapter.

32.1 	Sec. 11. Minnesota Statutes 2022, section 341.28, subdivision 3, is amended to read:
32.2 		Subd. 3.Regulatory authority; mixed martial arts contests; similar sporting 
32.3 	events. All professional and amateur mixed martial arts contests, martial arts contests except 
32.4 	amateur contests regulated by the Minnesota State High School League (MSHSL), recognized 
32.5 	martial arts studios and schools in Minnesota, and recognized national martial arts 
32.6 	organizations holding contests between students, ultimate fight contests, and similar sporting 
32.7 	events are subject to this chapter and all officials at these events must be licensed under this 
32.8 	chapter.

32.9 	Sec. 12. Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to 
32.10 	read:
32.11 		Subd. 4.Regulatory authority; kickboxing contests. All professional and amateur 
32.12 	kickboxing contests are subject to this chapter and all officials at these events must be 
32.13 	licensed under this chapter.

32.14 	Sec. 13. Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to 
32.15 	read:
32.16 		Subd. 5.Regulatory authority; martial arts and amateur boxing.  (a) Unless this 
32.17 	chapter specifically states otherwise, contests or exhibitions for martial arts and amateur 
32.18 	boxing are exempt from the requirements of this chapter and officials at these events are 
32.19 	not required to be licensed under this chapter.
32.20 	(b) Martial arts and amateur boxing contests, unless subject to the exceptions set forth 
32.21 	in subdivision 7, must be regulated by a nationally recognized organization approved by 
32.22 	the commissioner. The organization must have a set of written standards, procedures, or 
32.23 	rules used to sanction the combative sports it oversees.
32.24 	(c) Any regulatory body overseeing a martial arts or amateur boxing event must submit 
32.25 	bout results to the commissioner within 72 hours after the event. If the regulatory body 
32.26 	issues suspensions, the regulatory body must submit to the commissioner a list of any 
32.27 	suspensions resulting from the event within 72 hours after the event. Regulatory bodies that 
32.28 	oversee combative sports or martial arts contests under subdivision 6 are not subject to this 
32.29 	paragraph.

33.1 	Sec. 14. Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to 
33.2 	read:
33.3 		Subd. 6.Regulatory authority; certain students. Combative sports or martial arts 
33.4 	contests regulated by the Minnesota State High School League, National Collegiate Athletic 
33.5 	Association, National Junior Collegiate Athletic Association, National Association of 
33.6 	Intercollegiate Athletics, or any similar organization that governs interscholastic athletics 
33.7 	are not subject to this chapter and officials at these events are not required to be licensed 
33.8 	under this chapter.

33.9 	Sec. 15. Minnesota Statutes 2022, section 341.30, subdivision 4, is amended to read:
33.10 		Subd. 4.Prelicensure requirements. (a) Before the commissioner issues a promoter's 
33.11 	license to an individual, corporation, or other business entity, the applicant shall, a minimum 
33.12 	of six weeks before the combative sport contest is scheduled to occur, complete a licensing 
33.13 	application on the Office of Combative Sports website or on forms furnished or approved
33.14 	prescribed by the commissioner and shall:
33.15 	(1) provide the commissioner with a copy of any agreement between a combatant and 
33.16 	the applicant that binds the applicant to pay the combatant a certain fixed fee or percentage 
33.17 	of the gate receipts;
33.18 	(2) (1) show on the licensing application the owner or owners of the applicant entity and 
33.19 	the percentage of interest held by each owner holding a 25 percent or more interest in the 
33.20 	applicant;
33.21 	(3) (2) provide the commissioner with a copy of the latest financial statement of the 
33.22 	applicant;
33.23 	(4) provide the commissioner with a copy or other proof acceptable to the commissioner 
33.24 	of the insurance contract or policy required by this chapter;
33.25 	(5) (3) provide proof, where applicable, of authorization to do business in the state of 
33.26 	Minnesota; and
33.27 	(6) (4) deposit with the commissioner a cash bond or surety bond in an amount set by 
33.28 	the commissioner, which must not be less than $10,000. The bond shall be executed in favor 
33.29 	of this state and shall be conditioned on the faithful performance by the promoter of the 
33.30 	promoter's obligations under this chapter and the rules adopted under it.
33.31 	(b) Before the commissioner issues a license to a combatant, the applicant shall:
34.1 	(1) submit to the commissioner the results of a current medical examination examinations
34.2 	on forms furnished or approved prescribed by the commissioner that state that the combatant 
34.3 	is cleared to participate in a combative sport contest. The medical examination must include 
34.4 	an ophthalmological and neurological examination, and documentation of test results for 
34.5 	HBV, HCV, and HIV, and any other blood test as the commissioner by rule may require. 
34.6 	The ophthalmological examination must be designed to detect any retinal defects or other 
34.7 	damage or condition of the eye that could be aggravated by combative sports. The 
34.8 	neurological examination must include an electroencephalogram or medically superior test 
34.9 	if the combatant has been knocked unconscious in a previous contest. The commissioner 
34.10 	may also order an electroencephalogram or other appropriate neurological or physical 
34.11 	examination before any contest if it determines that the examination is desirable to protect 
34.12 	the health of the combatant. The commissioner shall not issue a license to an applicant 
34.13 	submitting positive test results for HBV, HCV, or HIV; The applicant must undergo and 
34.14 	submit the results of the following medical examinations, which do not exempt a combatant 
34.15 	from the requirements in section 341.33:
34.16 	(i) a physical examination performed by a licensed medical doctor, doctor of osteopathic 
34.17 	medicine, advance practice nurse practitioner, or a physician assistant. Physical examinations 
34.18 	are valid for one year from the date of the exam;
34.19 	(ii) an ophthalmological examination performed by an ophthalmologist or optometrist 
34.20 	that includes dilation designed to detect any retinal defects or other damage or a condition 
34.21 	of the eye that could be aggravated by combative sports. Ophthalmological examinations 
34.22 	are valid for one year from the date of the exam;
34.23 	(iii) blood work results for HBsAg (Hepatitis B surface antigen), HCV (Hepatitis C 
34.24 	antibody), and HIV. Blood work results are good for one year from the date blood was 
34.25 	drawn. The commissioner shall not issue a license to an applicant submitting positive test 
34.26 	results for HBsAg, HCV, or HIV; and
34.27 	(iv) other appropriate neurological or physical examinations before any contest, if the 
34.28 	commissioner determines that the examination is desirable to protect the health of the 
34.29 	combatant;
34.30 	(2) complete a licensing application on the Office of Combative Sports website or on 
34.31 	forms furnished or approved prescribed by the commissioner; and
34.32 	(3) provide proof that the applicant is 18 years of age. Acceptable proof is a photo driver's 
34.33 	license, state photo identification card, passport, or birth certificate combined with additional 
34.34 	photo identification.
35.1 	(c) Before the commissioner issues a license to a referee, judge, or timekeeper, the 
35.2 	applicant must submit proof of qualifications that may include certified training from the 
35.3 	Association of Boxing Commissions, licensure with other regulatory bodies, professional 
35.4 	references, or a log of bouts worked.
35.5 	(d) Before the commissioner issues a license to a ringside physician, the applicant must 
35.6 	submit proof that they are licensed to practice medicine in the state of Minnesota and in 
35.7 	good standing.

35.8 	Sec. 16. Minnesota Statutes 2022, section 341.32, subdivision 2, is amended to read:
35.9 		Subd. 2.Expiration and application. Licenses issued on or after January 1, 2023, shall 
35.10 	expire annually on December 31 one year after the date of issuance. A license may be 
35.11 	applied for each year by filing an application for licensure and satisfying all licensure 
35.12 	requirements established in section 341.30, and submitting payment of the license fees 
35.13 	established in section 341.321. An application for a license and renewal of a license must 
35.14 	be on a form provided by the commissioner.

35.15 	Sec. 17. Minnesota Statutes 2022, section 341.321, is amended to read:
35.16 	341.321 FEE SCHEDULE.
35.17 	(a) The fee schedule for professional and amateur licenses issued by the commissioner 
35.18 	is as follows:
35.19 	(1) referees, $25;
35.20 	(2) promoters, $700;
35.21 	(3) judges and knockdown judges, $25;
35.22 	(4) trainers and seconds, $80;
35.23 	(5) timekeepers, $25;
35.24 	(6) professional combatants, $70;
35.25 	(7) amateur combatants, $50; and
35.26 	(8) ringside physicians, $25.
35.27 	License fees for promoters are due at least six weeks prior to the combative sport contest.
35.28 	All other license fees shall be paid no later than the weigh-in prior to the contest. No license 
35.29 	may be issued until all prelicensure requirements in section 341.30 are satisfied and fees 
35.30 	are paid.
36.1 	(b) The commissioner shall establish a contest fee for each combative sport contest and 
36.2 	shall consider the size and type of venue when establishing a contest fee. The A promoter 
36.3 	or event organizer of an event regulated by the Department of Labor and Industry must pay, 
36.4 	per event, a combative sport contest fee is $1,500 per event or not more than four percent 
36.5 	of the gross ticket sales, whichever is greater, as determined by the commissioner when the 
36.6 	combative sport contest is scheduled. The fee must be paid as follows:
36.7 	(c) A professional or amateur combative sport contest fee is nonrefundable and shall be 
36.8 	paid as follows:
36.9 	(1) $500 at the time the combative sport contest is scheduled; and
36.10 	(2) $1,000 at the weigh-in prior to the contest.;
36.11 	(3) if four percent of the gross ticket sales is greater than $1,500, the balance is due to 
36.12 	the commissioner within 14 days of the completed contest; and
36.13 	(4) the value of all complimentary tickets distributed for an event, to the extent they 
36.14 	exceed five percent of total event attendance, counts toward gross tickets sales for the 
36.15 	purposes of determining a combative sports contest fee. For purposes of this clause, the 
36.16 	lowest advertised ticket price shall be used to calculate the value of complimentary tickets.
36.17 	If four percent of the gross ticket sales is greater than $1,500, the balance is due to the 
36.18 	commissioner within seven days of the completed contest.
36.19 	(d) The commissioner may establish the maximum number of complimentary tickets 
36.20 	allowed for each event by rule.
36.21 	(e) (c) All fees and penalties collected by the commissioner must be deposited in the 
36.22 	commissioner account in the special revenue fund.

36.23 	Sec. 18. [341.322] PAYMENT SCHEDULE.
36.24 	The commissioner may establish a schedule of payments to be paid by a promoter to 
36.25 	referees, judges and knockdown judges, timekeepers, and ringside physicians.

36.26 	Sec. 19. [341.323] EVENT APPROVAL.
36.27 		Subdivision 1.Preapproval documentation. Before the commissioner approves a 
36.28 	combative sports contest, the promoter shall provide the commissioner, at least six weeks 
36.29 	before the combative sport contest is scheduled to occur, information about the time, date, 
36.30 	and location of the contest and at least 72 hours before the combative sport contest is 
36.31 	scheduled to occur:
37.1 	(1) a copy of any agreement between a combatant and the promoter that  binds the 
37.2 	promoter to pay the combatant a certain fixed fee or percentage of the gate receipts;
37.3 	(2) a copy or other proof acceptable to the commissioner of the insurance contract or 
37.4 	policy required by this chapter;
37.5 	(3) proof acceptable to the commissioner that the promoter will provide, at the cost of 
37.6 	the promoter, at least one uniformed security guard or uniformed off-duty member of law 
37.7 	enforcement to provide security at any event regulated by the Department of Labor and 
37.8 	Industry. The commissioner may require a promoter to take additional security measures 
37.9 	to ensure the safety of participants and spectators at an event; and
37.10 	(4) proof acceptable to the commissioner that the promoter will provide an ambulance 
37.11 	service as required by section 341.324.
37.12 		Subd. 2.Proper licensure. Before the commissioner approves a combative sport contest, 
37.13 	the commissioner must ensure that the promoter is properly licensed under this chapter.  
37.14 	The promoter must maintain proper licensure from the time it schedules a combative sports 
37.15 	contest through the date of the contest.
37.16 		Subd. 3.Discretion. Nothing in this section limits the commissioner's discretion in 
37.17 	deciding whether to approve a combative sport contest or event.

37.18 	Sec. 20. [341.324] AMBULANCE.
37.19 	A promoter must ensure, at the cost of the promoter, that a licensed ambulance service 
37.20 	with two emergency medical technicians is on the premises during a combative sports 
37.21 	contest.

37.22 	Sec. 21. Minnesota Statutes 2022, section 341.33, is amended to read:
37.23 	341.33 PHYSICAL EXAMINATION REQUIRED; FEES.
37.24 		Subdivision 1.Examination by physician. All combatants must be examined by a 
37.25 	physician licensed by this state within 36 hours before entering the ring, and the examining 
37.26 	physician shall immediately file with the commissioner a written report of the examination. 
37.27 	The physician's examination may report on the condition of the combatant's heart and general 
37.28 	physical and general neurological condition. The physician's report may record the condition 
37.29 	of the combatant's nervous system and brain as required by the commissioner. The physician 
37.30 	may prohibit the combatant from entering the ring if, in the physician's professional opinion, 
37.31 	it is in the best interest of the combatant's health. The cost of the examination is payable by 
37.32 	the promoter conducting the contest or exhibition.
38.1 		Subd. 2.Attendance of physician. A promoter holding or sponsoring a combative sport 
38.2 	contest shall have in attendance a physician licensed by this state Minnesota. The 
38.3 	commissioner may establish a schedule of fees to be paid to each attending physician by 
38.4 	the promoter holding or sponsoring the contest.

38.5 	Sec. 22. [341.331] PROHIBITED PERFORMANCE ENHANCING SUBSTANCES 
38.6 	AND TESTING.
38.7 		Subdivision 1.Performance enhancing substances and masking agents prohibited. All 
38.8 	combatants are prohibited from using the substances listed in the following classes contained 
38.9 	in the World Anti-Doping Code published by the World Anti-Doping Agency, unless a 
38.10 	combatant meets an applicable exception set forth therein:
38.11 	(1) S0, nonapproved substances;
38.12 	(2) S1, anabolic agents;
38.13 	(3) S2, peptide hormones, growth factors, and related substances and mimetics;
38.14 	(4) S3, beta-2 agonists;
38.15 	(5) S4, hormone and metabolic modulators; and
38.16 	(6) S5, diuretics and masking agents.
38.17 		Subd. 2.Testing. The commissioner may administer drug testing to discover violations 
38.18 	of subdivision 1 as follows:
38.19 	(a) The commissioner may require a combatant to submit to a drug test to determine if 
38.20 	substances are present in the combatant's system in violation of subdivision 1. This testing 
38.21 	may occur at any time after the official weigh-in, on the day of the contest in which the 
38.22 	combatant is participating, or within 24 hours of competing in a combative sports contest 
38.23 	in a manner prescribed by the commissioner. The commissioner may require testing based 
38.24 	on reasonable cause or random selection. Grounds for reasonable cause includes observing 
38.25 	or receiving credible information that a combatant has used prohibited performance enhancing 
38.26 	drugs. If testing is based on random selection, both combatants competing in a selected bout 
38.27 	shall submit to a drug test.
38.28 	(b) Specimens may include urine, hair samples, or blood. Specimens shall be tested at 
38.29 	a facility acceptable to the commissioner. Results of all drug tests shall be submitted directly 
38.30 	to the commissioner.
38.31 	(c) The promoter shall pay the costs relating to drug testing combatants. Any requests 
38.32 	for follow-up or additional testing must be paid by the combatant.
39.1 		Subd. 3.Discipline. (a) If a combatant fails to provide a sample for drug testing when 
39.2 	required, and the request is made before a bout, the combatant shall not be allowed to 
39.3 	compete in the bout. If the request is made after a bout, and the combatant fails to provide 
39.4 	a sample for drug testing, the combatant shall be subject to disciplinary action under section 
39.5 	341.29.
39.6 	(b) If a combatant's specimen tests positive for any prohibited substances, the combatant 
39.7 	shall be subject to disciplinary action under section 341.29.
39.8 	(c) A combatant who is disciplined and was the winner of a bout shall be disqualified 
39.9 	and the decision shall be changed to no contest. The results of a bout shall remain unchanged 
39.10 	if a combatant who is disciplined was the loser of the bout.

39.11 	Sec. 23. [341.345] CHALLENGING THE OUTCOME OF A COMBATIVE SPORT 
39.12 	CONTEST.
39.13 		Subdivision 1.Challenge. (a) If a combatant disagrees with the outcome of a combative 
39.14 	sport contest regulated by the Department of Labor and Industry in which the combatant 
39.15 	participated, the combatant may challenge the outcome.
39.16 	(b) If a third party makes a challenge on behalf of a combatant, the third party must 
39.17 	provide written confirmation that they are authorized to make the challenge on behalf of 
39.18 	the combatant. The written confirmation must contain the combatant's signature and must 
39.19 	be submitted with the challenge.
39.20 		Subd. 2.Form. A challenge must be submitted on a form prescribed by the commissioner, 
39.21 	set forth all relevant facts and the basis for the challenge, and state what remedy is being 
39.22 	sought. A combatant may submit photos, videos, documents, or any other evidence the 
39.23 	combatant would like the commissioner to consider in connection to the challenge. A 
39.24 	combatant may challenge the outcome of a contest only if it is alleged that:
39.25 	(1) the referee made an incorrect call or missed a rule violation that directly affected the 
39.26 	outcome of the contest;
39.27 	(2) there was collusion amongst officials to affect the outcome of the contest; or
39.28 	(3) scores were miscalculated.
39.29 		Subd. 3.Timing. A challenge must be submitted within ten days of the contest.
39.30 	(a) For purposes of this subdivision, the day of the contest shall not count toward the 
39.31 	ten-day period. If the tenth day falls on a Saturday, Sunday, or legal holiday, then a combatant 
40.1 	shall have until the next day that is not a Saturday, Sunday, or legal holiday to submit a 
40.2 	challenge.
40.3 	(b) The challenge must be submitted to the commissioner at the address, fax number, 
40.4 	or email address designated on the commissioner's website. The date on which a challenge 
40.5 	is submitted by mail shall be the postmark date on the envelope in which the challenge is 
40.6 	mailed. If the challenge is faxed or emailed, it must be received by the commissioner by 
40.7 	4:30 p.m. Central Time on the day the challenge is due.
40.8 		Subd. 4.Opponent's response. If the requirements of subdivisions 1 to 3 are met, the 
40.9 	commissioner shall send a complete copy of the challenge documents, along with any 
40.10 	supporting materials submitted, to the opposing combatant by mail, fax, or email. The 
40.11 	opposing combatant has 14 days from the date the commissioner sends the challenge and 
40.12 	supporting materials to submit a response to the commissioner. Additional response time 
40.13 	is not added when the commissioner sends the challenge to the opposing combatant by mail. 
40.14 	The opposing combatant may submit photos, videos, documents, or any other evidence the 
40.15 	opposing combatant would like the commissioner to consider in connection to the challenge. 
40.16 	The response must be submitted to the commissioner at the address, fax number, or email 
40.17 	address designated on the commissioner's website. The date on which a response is submitted 
40.18 	by mail is the postmark date on the envelope in which the response is mailed. If the response 
40.19 	is faxed or emailed, it must be received by the commissioner by 4:30 p.m. Central Time on 
40.20 	the day the response is due.
40.21 		Subd. 5.Licensed official review. The commissioner may, if the commissioner 
40.22 	determines it would be helpful in resolving the issues raised in the challenge, send a complete 
40.23 	copy of the challenge or response, along with any supporting materials submitted, to any 
40.24 	licensed official involved in the combative sport contest at issue by mail, fax, or email and 
40.25 	request the official's views on the issues raised in the challenge.
40.26 		Subd. 6.Order. The commissioner shall issue an order on the challenge within 60 days 
40.27 	after receiving the opposing combatant's response. If the opposing combatant does not 
40.28 	submit a response, the commissioner shall issue an order on the challenge within 75 days 
40.29 	after receiving the challenge.
40.30 		Subd. 7.Nonacceptance. If the requirements of subdivisions 1 through 3 are not met, 
40.31 	the commissioner must not accept the challenge and may send correspondence to the person 
40.32 	who submitted the challenge stating the reasons for nonacceptance of the challenge. A 
40.33 	combatant has no further appeal rights if the combatant's challenge is not accepted by the 
40.34 	commissioner.
41.1 		Subd. 8.Administrative hearing. After the commissioner issues an order under 
41.2 	subdivision 6, each combatant under section 326B.082, subdivision 8, has 30 days after 
41.3 	service of the order to submit a request for hearing before an administrative law judge.

41.4 	Sec. 24. Minnesota Statutes 2022, section 341.355, is amended to read:
41.5 	341.355 CIVIL PENALTIES.
41.6 	When the commissioner finds that a person has violated one or more provisions of any 
41.7 	statute, rule, or order that the commissioner is empowered to regulate, enforce, or issue, the 
41.8 	commissioner may impose, for each violation, a civil penalty of up to $10,000 for each 
41.9 	violation, or a civil penalty that deprives the person of any economic advantage gained by 
41.10 	the violation, or both. The commissioner may also impose these penalties against a person 
41.11 	who has violated section 341.28, subdivision 5, paragraph (b) or (c).

41.12 	ARTICLE 5
41.13 	MISCELLANEOUS POLICY

41.14 	Section 1. Minnesota Statutes 2022, section 116J.871, subdivision 2, is amended to read:
41.15 		Subd. 2.Prevailing wage required. (a) A state agency may provide financial assistance 
41.16 	to a person only if the person receiving or benefiting from the financial assistance certifies 
41.17 	to the commissioner of labor and industry that laborers and mechanics at the project site 
41.18 	during construction, installation, remodeling, and repairs for which the financial assistance 
41.19 	was provided will be paid the prevailing wage rate as defined in section 177.42, subdivision 
41.20 	6. The person receiving or benefiting from the financial assistance is also subject to the 
41.21 	requirements and enforcement provisions of sections 177.27, 177.30, 177.32, 177.41 to 
41.22 	177.435, and 177.45.
41.23 	(b) For purposes of complying with section 177.30, paragraph (a), clauses (6) and (7), 
41.24 	the state agency awarding the financial assistance is considered the contracting authority 
41.25 	and the project is considered a public works project. The person receiving or benefiting 
41.26 	from the financial assistance shall notify all employers on the project of the record keeping 
41.27 	and reporting requirements in section 177.30, paragraph (a), clauses (6) and (7). Each 
41.28 	employer shall submit the required information to the contracting authority.

41.29 	Sec. 2. Minnesota Statutes 2022, section 175.16, subdivision 1, is amended to read:
41.30 		Subdivision 1.Established. The Department of Labor and Industry shall consist of the 
41.31 	following divisions: Division of Workers' Compensation, Division of Construction Codes 
41.32 	and Licensing, Division of Occupational Safety and Health, Division of Statistics, Division 
42.1 	of Labor Standards, and Division of Apprenticeship, and such other divisions as the 
42.2 	commissioner of the Department of Labor and Industry may deem necessary and establish. 
42.3 	Each division of the department and persons in charge thereof shall be subject to the 
42.4 	supervision of the commissioner of the Department of Labor and Industry and, in addition 
42.5 	to such duties as are or may be imposed on them by statute, shall perform such other duties 
42.6 	as may be assigned to them by the commissioner. Notwithstanding any other law to the 
42.7 	contrary, the commissioner is the administrator and supervisor of all of the department's 
42.8 	dispute resolution functions and personnel and may delegate authority to compensation 
42.9 	judges and others to make determinations under sections 176.106, 176.238, and 176.239
42.10 	and to approve settlement of claims under section 176.521.

42.11 	Sec. 3. Minnesota Statutes 2022, section 177.26, subdivision 1, is amended to read:
42.12 		Subdivision 1.Creation. The Division of Labor Standards and Apprenticeship in the 
42.13 	Department of Labor and Industry is supervised and controlled by the commissioner of 
42.14 	labor and industry.

42.15 	Sec. 4. Minnesota Statutes 2022, section 177.26, subdivision 2, is amended to read:
42.16 		Subd. 2.Powers and duties. The Division of Labor Standards and Apprenticeship shall 
42.17 	administer this chapter and chapters 178, 181, 181A, and 184.

42.18 	Sec. 5. Minnesota Statutes 2022, section 177.27, subdivision 4, is amended to read:
42.19 		Subd. 4.Compliance orders. The commissioner may issue an order requiring an 
42.20 	employer to comply with sections 177.21 to 177.435, 179.86,181.02, 181.03, 181.031, 
42.21 	181.032, 181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 
42.22 	181.214 to 181.217, 181.275, subdivision 2a, 181.635, 181.722, 181.79, and 181.939 to 
42.23 	181.943, or with any rule promulgated under section 177.28, 181.213, or 181.215. The 
42.24 	commissioner shall issue an order requiring an employer to comply with sections 177.41 
42.25 	to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation is 
42.26 	repeated if at any time during the two years that preceded the date of violation, the 
42.27 	commissioner issued an order to the employer for violation of sections 177.41 to 177.435 
42.28 	and the order is final or the commissioner and the employer have entered into a settlement 
42.29 	agreement that required the employer to pay back wages that were required by sections 
42.30 	177.41 to 177.435. The department shall serve the order upon the employer or the employer's 
42.31 	authorized representative in person or by certified mail at the employer's place of business. 
42.32 	An employer who wishes to contest the order must file written notice of objection to the 
42.33 	order with the commissioner within 15 calendar days after being served with the order. A 
43.1 	contested case proceeding must then be held in accordance with sections 14.57 to 14.69. 
43.2 	If, within 15 calendar days after being served with the order, the employer fails to file a 
43.3 	written notice of objection with the commissioner, the order becomes a final order of the 
43.4 	commissioner.

43.5 	Sec. 6. Minnesota Statutes 2022, section 178.01, is amended to read:
43.6 	178.01 PURPOSES.
43.7 	The purposes of this chapter are: to open to all people regardless of race, sex, creed, 
43.8 	color or national origin, the opportunity to obtain training and on-the-job learning that will 
43.9 	equip them for profitable employment and citizenship; to establish as a means to this end, 
43.10 	a program of voluntary apprenticeship under approved apprenticeship agreements providing 
43.11 	facilities for their training and guidance in the arts, skills, and crafts of industry and trade 
43.12 	or occupation, with concurrent, supplementary instruction in related subjects; to promote 
43.13 	apprenticeship opportunities under conditions providing adequate training and on-the-job 
43.14 	learning and reasonable earnings; to relate the supply of skilled workers to employment 
43.15 	demands; to establish standards for apprentice training; to establish an Apprenticeship Board 
43.16 	and apprenticeship committees to assist in effectuating the purposes of this chapter; to 
43.17 	provide for a Division of Labor Standards and Apprenticeship within the Department of 
43.18 	Labor and Industry; to provide for reports to the legislature regarding the status of apprentice 
43.19 	training in the state; to establish a procedure for the determination of apprenticeship 
43.20 	agreement controversies; and to accomplish related ends.

43.21 	Sec. 7. Minnesota Statutes 2022, section 178.011, subdivision 7, is amended to read:
43.22 		Subd. 7.Division. "Division" means the department's Labor Standards and Apprenticeship 
43.23 	Division, established under sections 175.16 and 178.03, and the State Apprenticeship Agency 
43.24 	as defined in Code of Federal Regulations, title 29, part 29, section 29.2.

43.25 	Sec. 8. Minnesota Statutes 2022, section 178.03, subdivision 1, is amended to read:
43.26 		Subdivision 1.Establishment of division. There is established a Division of Labor 
43.27 	Standards and Apprenticeship in the Department of Labor and Industry. This division shall 
43.28 	be administered by a director, and be under the supervision of the commissioner.

44.1 	Sec. 9. Minnesota Statutes 2022, section 178.11, is amended to read:
44.2 	178.11 LABOR EDUCATION ADVANCEMENT GRANT PROGRAM.
44.3 	The commissioner shall establish the labor education advancement grant program for 
44.4 	the purpose of facilitating the participation or retention of minorities people of color, 
44.5 	Indigenous people, and women in apprenticeable trades and occupations registered 
44.6 	apprenticeship programs. The commissioner shall award grants to community-based and 
44.7 	nonprofit organizations and Minnesota Tribal governments as defined in section 10.65, 
44.8 	serving the targeted populations on a competitive request-for-proposal basis. Interested 
44.9 	organizations shall apply for the grants in a form prescribed by the commissioner. As part 
44.10 	of the application process, applicants must provide a statement of need for the grant, a 
44.11 	description of the targeted population and apprenticeship opportunities, a description of 
44.12 	activities to be funded by the grant, evidence supporting the ability to deliver services, 
44.13 	information related to coordinating grant activities with other employment and learning 
44.14 	programs, identification of matching funds, a budget, and performance objectives. Each 
44.15 	submitted application shall be evaluated for completeness and effectiveness of the proposed 
44.16 	grant activity.

44.17 	Sec. 10. Minnesota Statutes 2022, section 181.9435, subdivision 1, is amended to read:
44.18 		Subdivision 1.Investigation. The Division of Labor Standards and Apprenticeship shall 
44.19 	receive complaints of employees against employers relating to sections 181.172, paragraph 
44.20 	(a) or (d), and 181.939 to 181.9436 and investigate informally whether an employer may 
44.21 	be in violation of sections 181.172, paragraph (a) or (d), and 181.939 to 181.9436. The 
44.22 	division shall attempt to resolve employee complaints by informing employees and employers 
44.23 	of the provisions of the law and directing employers to comply with the law. For complaints 
44.24 	related to section 181.939, the division must contact the employer within two business days 
44.25 	and investigate the complaint within ten days of receipt of the complaint.

44.26 	Sec. 11. Minnesota Statutes 2022, section 181.9436, is amended to read:
44.27 	181.9436 POSTING OF LAW.
44.28 	The Division of Labor Standards and Apprenticeship shall develop, with the assistance 
44.29 	of interested business and community organizations, an educational poster stating employees' 
44.30 	rights under sections 181.940 to 181.9436. The department shall make the poster available, 
44.31 	upon request, to employers for posting on the employer's premises.

45.1 	Sec. 12. Minnesota Statutes 2022, section 182.666, subdivision 1, is amended to read:
45.2 		Subdivision 1.Willful or repeated violations. Any employer who willfully or repeatedly 
45.3 	violates the requirements of section 182.653, or any standard, rule, or order adopted under 
45.4 	the authority of the commissioner as provided in this chapter, may be assessed a fine not to 
45.5 	exceed $70,000 $156,259 for each violation. The minimum fine for a willful violation is 
45.6 	$5,000 $11,162.

45.7 	Sec. 13. Minnesota Statutes 2022, section 182.666, subdivision 2, is amended to read:
45.8 		Subd. 2.Serious violations. Any employer who has received a citation for a serious 
45.9 	violation of its duties under section 182.653, or any standard, rule, or order adopted under 
45.10 	the authority of the commissioner as provided in this chapter, shall be assessed a fine not 
45.11 	to exceed $7,000 $15,625 for each violation. If a serious violation under section 182.653, 
45.12 	subdivision 2, causes or contributes to the death of an employee, the employer shall be 
45.13 	assessed a fine of up to $25,000 for each violation.

45.14 	Sec. 14. Minnesota Statutes 2022, section 182.666, subdivision 3, is amended to read:
45.15 		Subd. 3.Nonserious violations. Any employer who has received a citation for a violation 
45.16 	of its duties under section 182.653, subdivisions 2 to 4, where the violation is specifically 
45.17 	determined not to be of a serious nature as provided in section 182.651, subdivision 12, 
45.18 	may be assessed a fine of up to $7,000 $15,625 for each violation.

45.19 	Sec. 15. Minnesota Statutes 2022, section 182.666, subdivision 4, is amended to read:
45.20 		Subd. 4.Failure to correct a violation. Any employer who fails to correct a violation 
45.21 	for which a citation has been issued under section 182.66 within the period permitted for 
45.22 	its correction, which period shall not begin to run until the date of the final order of the 
45.23 	commissioner in the case of any review proceedings under this chapter initiated by the 
45.24 	employer in good faith and not solely for delay or avoidance of penalties, may be assessed 
45.25 	a fine of not more than $7,000 $15,625 for each day during which the failure or violation 
45.26 	continues.

45.27 	Sec. 16. Minnesota Statutes 2022, section 182.666, subdivision 5, is amended to read:
45.28 		Subd. 5.Posting violations. Any employer who violates any of the posting requirements, 
45.29 	as prescribed under this chapter, except those prescribed under section 182.661, subdivision 
45.30 	3a, shall be assessed a fine of up to $7,000 $15,625 for each violation.

46.1 	Sec. 17. Minnesota Statutes 2022, section 182.666, is amended by adding a subdivision 
46.2 	to read:
46.3 		Subd. 6a.Increases for inflation. (a) Each year, beginning in 2023, the commissioner 
46.4 	shall determine the percentage change in the Minneapolis-St. Paul-Bloomington, MN-WI, 
46.5 	Consumer Price Index for All Urban Consumers (CPI-U) from the month of October in the 
46.6 	preceding calendar year to the month of October in the current calendar year.
46.7 	(b) The commissioner shall increase the fines in subdivisions 1 to 5, except for the fine 
46.8 	for a serious violation under section 182.653, subdivision 2, that causes or contributes to 
46.9 	the death of an employee, by the percentage change determined by the commissioner under 
46.10 	paragraph (a), if the percentage change is greater than zero. The fines shall be increased to 
46.11 	the nearest one dollar.
46.12 	(c) If the percentage change determined by the commissioner under paragraph (a) is not 
46.13 	greater than zero, the commissioner shall not change any of the fines in subdivisions 1 to 
46.14 	5.
46.15 	(d) A fine increased under this subdivision takes effect on the next January 15 after the 
46.16 	commissioner determines the percentage change under paragraph (a) and applies to all fines 
46.17 	assessed on or after the next January 15.
46.18 	(e) No later than December 1 of each year, the commissioner shall give notice in the 
46.19 	State Register of any increase to the fines in subdivisions 1 to 5.

46.20 	Sec. 18. [182.677] ERGONOMICS.
46.21 		Subdivision 1.Definitions. (a) For purposes of this section, the definitions in this 
46.22 	subdivision apply unless otherwise specified.
46.23 	(b) "Health care facility" means a hospital with a North American Industrial Classification 
46.24 	system code of 622110, 622210, or 622310; an outpatient surgical center with a North 
46.25 	American Industrial Classification system code of 621493; and a nursing home with a North 
46.26 	American Industrial Classification system code of 623110.
46.27 	(c) "Warehouse distribution center" means an employer with 100 or more employees in 
46.28 	Minnesota and a North American Industrial Classification system code of 493110, 423110 
46.29 	to 423990, 424110 to 424990, 454110, or 492110.
46.30 	(d) "Meatpacking site" means a meatpacking or poultry processing site with 100 or more 
46.31 	employees in Minnesota and a North American Industrial Classification system code of 
46.32 	311611 to 311615, except 311613.
47.1 	(e) "Musculoskeletal disorder" or "MSD" means a disorder of the muscles, nerves, 
47.2 	tendons, ligaments, joints, cartilage, blood vessels, or spinal discs.
47.3 		Subd. 2.Ergonomics program required. (a) Every licensed health care facility, 
47.4 	warehouse distribution center, or meatpacking site in the state shall create and implement 
47.5 	an effective written ergonomics program establishing the employer's plan to minimize the 
47.6 	risk of its employees developing or aggravating musculoskeletal disorders by utilizing an 
47.7 	ergonomics process. The ergonomics program shall focus on eliminating the risk. To the 
47.8 	extent risk exists, the ergonomics program must include feasible administrative or engineering 
47.9 	controls to reduce the risk.
47.10 	(b) The program shall include:
47.11 	(1) an assessment of hazards with regard to prevention of musculoskeletal disorders;
47.12 	(2) an initial and ongoing training of employees on ergonomics and its benefits, including 
47.13 	the importance of reporting early symptoms of musculoskeletal disorders;
47.14 	(3) a procedure to ensure early reporting of musculoskeletal disorders to prevent or 
47.15 	reduce the progression of symptoms, the development of serious injuries, and lost-time 
47.16 	claims;
47.17 	(4) a process for employees to provide possible solutions that may be implemented to 
47.18 	reduce, control, or eliminate workplace musculoskeletal disorders;
47.19 	(5) procedures to ensure that physical plant modifications and major construction projects 
47.20 	are consistent with program goals; and
47.21 	(6) annual evaluations of the ergonomics program and whenever a change to the work 
47.22 	process occurs.
47.23 		Subd. 3.Annual evaluation of program required. There must be an established 
47.24 	procedure to annually assess the effectiveness of the ergonomics program, including 
47.25 	evaluation of corrective actions taken in response to reporting of symptoms by employees.  
47.26 	The annual assessment shall determine the success of the implemented ergonomic solutions 
47.27 	and whether goals set by the ergonomics program have been met.
47.28 		Subd. 4.Employee training. (a) An employer subject to this section must train all new 
47.29 	and existing employees on the following:
47.30 	(1) the name of each individual on the employer's safety committee;
47.31 	(2) the facility's hazard prevention and control plan;
48.1 	(3) the early signs and symptoms of musculoskeletal injuries and the procedures for 
48.2 	reporting them;
48.3 	(4) the procedures for reporting injuries and other hazards;
48.4 	(5) any administrative or engineering controls related to ergonomic hazards that are in 
48.5 	place or will be implemented at the facility;
48.6 	(6) how to use personal protective equipment, whether it is available, and where it is 
48.7 	located; and
48.8 	(7) the requirements of subdivision 9.
48.9 	(b) New and current employees must be trained according to paragraph (a) prior to 
48.10 	starting work. The employer must provide the training during working hours and compensate 
48.11 	the employee for attending the training at the employee's standard rate of pay. All training 
48.12 	must be in a language and with vocabulary that the employee can understand.
48.13 	(c) Updates to the information conveyed in the training shall be communicated to 
48.14 	employees as soon as practicable.
48.15 		Subd. 5.Involvement of employees. Employers subject to this section must solicit 
48.16 	feedback for its ergonomics program through its safety committee required by section 
48.17 	182.676, in addition to any other opportunities for employee participation the employer 
48.18 	may provide. The safety committee must be directly involved in ergonomics worksite 
48.19 	assessments and participate in the annual evaluation required by subdivision 3.
48.20 		Subd. 6.Workplace program or AWAIR. An employer subject to this section must 
48.21 	reference its ergonomics program in a written Workplace Accident and Injury Reduction 
48.22 	(AWAIR) program required by section 182.653, subdivision 8.
48.23 		Subd. 7.Recordkeeping. An employer subject to this section must maintain:
48.24 	(1) a written certification dated and signed by each person who provides training and 
48.25 	each employee who receives training pursuant to this section. The certification completed 
48.26 	by the training providers must state that the employer has provided training consistent with 
48.27 	the requirements of this section;
48.28 	(2) a record of all worker visits to on-site medical or first aid personnel for the last five 
48.29 	years, regardless of severity or type of illness or injury; and
48.30 	(3) a record of all ergonomic injuries suffered by employees for the last five years.
49.1 		Subd. 8.Availability of records. (a) The employer must ensure that the certification 
49.2 	records required by subdivision 7, clause (1), are up to date and available to the 
49.3 	commissioner, employees, and authorized employee representatives, if any, upon request.
49.4 	(b) Upon the request of the commissioner, an employee, or an  authorized employee 
49.5 	representative, the employer must provide the requestor a redacted version of the medical 
49.6 	or first aid records and records of all ergonomic injuries. The name, contact information, 
49.7 	and occupation of an employee, and any other information that would reveal the identity 
49.8 	of an employee, must be removed in the redacted version. The redacted version must only 
49.9 	include, to the extent it would not reveal the identity of an employee, the location where 
49.10 	the employee worked, the date of the injury or visit, a description of the medical treatment 
49.11 	or first aid provided, and a description of the injury suffered.
49.12 	(c) The employer must also make available to the commissioner the unredacted medical 
49.13 	or first aid records and unredacted records of ergonomic injuries required by subdivision 
49.14 	7, clause (2), upon request.
49.15 		Subd. 9.Reporting encouraged. Any employer subject to this section must not institute 
49.16 	or maintain any program, policy, or practice that discourages employees from reporting 
49.17 	injuries, hazards, or safety and health standard violations, including ergonomic-related 
49.18 	hazards and symptoms of musculoskeletal disorders.
49.19 		Subd. 10.Training materials. The commissioner shall make training materials on 
49.20 	implementation of this section available to all employers, upon request, at no cost as part 
49.21 	of the duties of the commissioner under section 182.673.
49.22 		Subd. 11.Enforcement. This section shall be enforced by the commissioner under 
49.23 	sections 182.66 and 182.661. A violation of this section is subject to the penalties provided 
49.24 	under section 182.666.
49.25 		Subd. 12.Grant program. (a) The commissioner shall establish an ergonomics grant 
49.26 	program to provide matching funding for employers who are subject to this section to make 
49.27 	ergonomic improvements recommended by an on-site safety survey. Minnesota Rules, 
49.28 	chapter 5203, applies to the administration of the grant program.
49.29 	(b) To be eligible for a grant under this section, an employer must:
49.30 	(1) be a licensed health care facility, warehouse distribution center, or meatpacking site 
49.31 	as defined by subdivision 1;
50.1 	(2) have current workers' compensation insurance provided through the assigned risk 
50.2 	plan, provided by an insurer subject to penalties under chapter 176, or as an approved 
50.3 	self-insured employer; and
50.4 	(3) have an on-site safety survey with results that recommend specific equipment or 
50.5 	practices that will reduce the risk of injury or illness to employees and prevent 
50.6 	musculoskeletal disorders. This survey must have been conducted by a Minnesota 
50.7 	occupational safety and health compliance investigator or workplace safety consultant, an 
50.8 	in-house safety and health committee, a workers' compensation insurance underwriter, a 
50.9 	private consultant, or a person under contract with the assigned risk plan.
50.10 	(c) Grant funds may be used for all or part of the cost of the following:
50.11 	(1) purchasing and installing recommended equipment intended to prevent 
50.12 	musculoskeletal disorders;
50.13 	(2) operating or maintaining recommended equipment intended to prevent musculoskeletal 
50.14 	disorders;
50.15 	(3) property, if the property is necessary to meet the recommendations of the on-site 
50.16 	safety survey that are related to prevention of musculoskeletal disorders;
50.17 	(4) training required to operate recommended safety equipment to prevent musculoskeletal 
50.18 	disorders; and
50.19 	(5) tuition reimbursement for educational costs related to identifying ergonomic-related 
50.20 	issues that are related to the recommendations of the on-site safety survey.
50.21 	(d) The commissioner shall evaluate applications, submitted on forms developed by the 
50.22 	commissioner, based on whether the proposed project:
50.23 	(1) is technically and economically feasible;
50.24 	(2) is consistent with the recommendations of the on-site safety survey and the objective 
50.25 	of reducing risk of injury or illness to employees and preventing musculoskeletal disorders;
50.26 	(3) was submitted by an applicant with sufficient experience, knowledge, and commitment 
50.27 	for the project to be implemented in a timely manner;
50.28 	(4) has the necessary financial commitments to cover all project costs;
50.29 	(5) has the support of all public entities necessary for its completion; and
50.30 	(6) complies with federal, state, and local regulations.
51.1 	(e) Grants under this section shall provide a match of up to $10,000 for private funds 
51.2 	committed by the employer to implement the recommended ergonomics-related equipment 
51.3 	or practices.
51.4 	(f) Grants will be awarded to all applicants that meet the eligibility and evaluation criteria 
51.5 	under paragraphs (b), (c), and (d) until funding is depleted. If there are more eligible requests 
51.6 	than funding, awards will be prorated.
51.7 	(g) Grant recipients are not eligible to apply for another grant under chapter 176 until 
51.8 	two years after the date of the award.
51.9 		Subd. 13.Standard development. The commissioner may propose an ergonomics 
51.10 	standard using the authority provided in section 182.655.

51.11 	Sec. 19. Minnesota Statutes 2022, section 326B.092, subdivision 6, is amended to read:
51.12 		Subd. 6.Fees nonrefundable. Application and examination fees, license fees, license 
51.13 	renewal fees, and late fees are nonrefundable except for:
51.14 	(1) license renewal fees received more than two years after expiration of the license, as 
51.15 	described in section 326B.094, subdivision 2;
51.16 	(2) any overpayment of fees; and
51.17 	(3) if the license is not issued or renewed, the contractor recovery fund fee and any 
51.18 	additional assessment paid under subdivision 7, paragraph (e).

51.19 	Sec. 20. Minnesota Statutes 2022, section 326B.096, is amended to read:
51.20 	326B.096 REINSTATEMENT OF LICENSES.
51.21 		Subdivision 1.Reinstatement after revocation. (a) If a license is revoked under this 
51.22 	chapter and if an applicant for a license needs to pass an examination administered by the 
51.23 	commissioner before becoming licensed, then, in order to have the license reinstated, the 
51.24 	person who holds the revoked license must:
51.25 	(1) retake the examination and achieve a passing score; and
51.26 	(2) meet all other requirements for an initial license, including payment of the application 
51.27 	and examination fee and the license fee. The person holding the revoked license is not 
51.28 	eligible for Minnesota licensure without examination based on reciprocity.
51.29 	(b) If a license is revoked under a chapter other than this chapter, then, in order to have 
51.30 	the license reinstated, the person who holds the revoked license must:
52.1 	(1) apply for reinstatement to the commissioner no later than two years after the effective 
52.2 	date of the revocation;
52.3 	(2) pay a $100 $50 reinstatement application fee and any applicable renewal license fee; 
52.4 	and
52.5 	(3) meet all applicable requirements for licensure, except that, unless required by the 
52.6 	order revoking the license, the applicant does not need to retake any examination and does 
52.7 	not need to repay a license fee that was paid before the revocation.
52.8 		Subd. 2.Reinstatement after suspension. If a license is suspended, then, in order to 
52.9 	have the license reinstated, the person who holds the suspended license must:
52.10 	(1) apply for reinstatement to the commissioner no later than two years after the 
52.11 	completion of the suspension period;
52.12 	(2) pay a $100 $50 reinstatement application fee and any applicable renewal license fee; 
52.13 	and
52.14 	(3) meet all applicable requirements for licensure, except that, unless required by the 
52.15 	order suspending the license, the applicant does not need to retake any examination and 
52.16 	does not need to repay a license fee that was paid before the suspension.
52.17 		Subd. 3.Reinstatement after voluntary termination. A licensee who is not an individual 
52.18 	may voluntarily terminate a license issued to the person under this chapter. If a licensee has 
52.19 	voluntarily terminated a license under this subdivision, then, in order to have the license 
52.20 	reinstated, the person who holds the terminated license must:
52.21 	(1) apply for reinstatement to the commissioner no later than the date that the license 
52.22 	would have expired if it had not been terminated;
52.23 	(2) pay a $100 $25 reinstatement application fee and any applicable renewal license fee; 
52.24 	and
52.25 	(3) meet all applicable requirements for licensure, except that the applicant does not 
52.26 	need to repay a license fee that was paid before the termination.

52.27 	Sec. 21. Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision 
52.28 	to read:
52.29 		Subd. 6a.Electric vehicle capable space. "Electric vehicle capable space" means a 
52.30 	designated automobile parking space that has electrical infrastructure, including but not 
52.31 	limited to raceways, cables, electrical capacity, and panelboard or other electrical distribution 
52.32 	space necessary for the future installation of an electric vehicle charging station.

53.1 	Sec. 22. Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision 
53.2 	to read:
53.3 		Subd. 6b.Electric vehicle charging station. "Electric vehicle charging station" means 
53.4 	a designated automobile parking space that has a dedicated connection for charging an 
53.5 	electric vehicle.

53.6 	Sec. 23. Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision 
53.7 	to read:
53.8 		Subd. 6c.Electric vehicle ready space. "Electric vehicle ready space" means a designated 
53.9 	automobile parking space that has a branch circuit capable of supporting the installation of 
53.10 	an electric vehicle charging station.

53.11 	Sec. 24. Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision 
53.12 	to read:
53.13 		Subd. 10a.Parking facilities. "Parking facilities" includes parking lots, garages, ramps, 
53.14 	or decks.

53.15 	Sec. 25. Minnesota Statutes 2022, section 326B.103, subdivision 13, is amended to read:
53.16 		Subd. 13.State licensed facility. "State licensed facility" means a building and its 
53.17 	grounds that are licensed by the state as a hospital, nursing home, supervised living facility, 
53.18 	assisted living facility, including assisted living facility with dementia care, free-standing 
53.19 	outpatient surgical center, correctional facility, boarding care home, or residential hospice.

53.20 	Sec. 26. Minnesota Statutes 2022, section 326B.106, subdivision 1, is amended to read:
53.21 		Subdivision 1.Adoption of code. (a) Subject to paragraphs (c) and (d) and sections 
53.22 	326B.101 to 326B.194, the commissioner shall by rule and in consultation with the 
53.23 	Construction Codes Advisory Council establish a code of standards for the construction, 
53.24 	reconstruction, alteration, and repair of buildings, governing matters of structural materials, 
53.25 	design and construction, fire protection, health, sanitation, and safety, including design and 
53.26 	construction standards regarding heat loss control, illumination, and climate control. The 
53.27 	code must also include duties and responsibilities for code administration, including 
53.28 	procedures for administrative action, penalties, and suspension and revocation of certification. 
53.29 	The code must conform insofar as practicable to model building codes generally accepted 
53.30 	and in use throughout the United States, including a code for building conservation. In the 
53.31 	preparation of the code, consideration must be given to the existing statewide specialty 
54.1 	codes presently in use in the state. Model codes with necessary modifications and statewide 
54.2 	specialty codes may be adopted by reference. The code must be based on the application 
54.3 	of scientific principles, approved tests, and professional judgment. To the extent possible, 
54.4 	the code must be adopted in terms of desired results instead of the means of achieving those 
54.5 	results, avoiding wherever possible the incorporation of specifications of particular methods 
54.6 	or materials. To that end the code must encourage the use of new methods and new materials. 
54.7 	Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall 
54.8 	administer and enforce the provisions of those sections.
54.9 	(b) The commissioner shall develop rules addressing the plan review fee assessed to 
54.10 	similar buildings without significant modifications including provisions for use of building 
54.11 	systems as specified in the industrial/modular program specified in section 326B.194. 
54.12 	Additional plan review fees associated with similar plans must be based on costs 
54.13 	commensurate with the direct and indirect costs of the service.
54.14 	(c) Beginning with the 2018 edition of the model building codes and every six years 
54.15 	thereafter, the commissioner shall review the new model building codes and adopt the model 
54.16 	codes as amended for use in Minnesota, within two years of the published edition date. The 
54.17 	commissioner may adopt amendments to the building codes prior to the adoption of the 
54.18 	new building codes to advance construction methods, technology, or materials, or, where 
54.19 	necessary to protect the health, safety, and welfare of the public, or to improve the efficiency 
54.20 	or the use of a building.
54.21 	(d) Notwithstanding paragraph (c), the commissioner shall act on each new model 
54.22 	residential energy code and the new model commercial energy code in accordance with 
54.23 	federal law for which the United States Department of Energy has issued an affirmative 
54.24 	determination in compliance with United States Code, title 42, section 6833. The 
54.25 	commissioner may adopt amendments prior to adoption of the new energy codes, as amended 
54.26 	for use in Minnesota, to advance construction methods, technology, or materials, or, where 
54.27 	necessary to protect the health, safety, and welfare of the public, or to improve the efficiency 
54.28 	or use of a building.
54.29 	(e) Beginning in 2024, the commissioner shall act on the new model commercial energy 
54.30 	code by adopting each new published edition of ASHRAE 90.1 or a more efficient standard. 
54.31 	The commercial energy code in effect in 2036 and thereafter must achieve an 80 percent 
54.32 	reduction in annual net energy consumption or greater, using the ASHRAE 90.1-2004 as a 
54.33 	baseline. The commissioner shall adopt commercial energy codes from 2024 to 2036 that 
54.34 	incrementally move toward achieving the 80 percent reduction in annual net energy 
54.35 	consumption. By January 15 of the year following each new code adoption, the commissioner 
55.1 	shall make a report on progress under this section to the legislative committees with 
55.2 	jurisdiction over the energy code. The commissioner may adjust the standard as necessary 
55.3 	upon consideration of the impact to building affordability, energy reliability, and other 
55.4 	factors deemed appropriate. Nothing in this paragraph shall be construed to limit the 
55.5 	installation, operation, or use of a system, appliance, or other equipment based on the energy 
55.6 	source used to power the system, appliance, or other equipment.
55.7 	(f) Nothing in this section shall be interpreted to limit the ability of a public utility to 
55.8 	offer code support programs, or to claim energy savings resulting from such programs, 
55.9 	through its energy conservation and optimization plans approved by the commissioner of 
55.10 	commerce under section 216B.241 or an energy conservation and optimization plan filed 
55.11 	by a consumer-owned utility under section 216B.2403.

55.12 	Sec. 27. Minnesota Statutes 2022, section 326B.106, subdivision 4, is amended to read:
55.13 		Subd. 4.Special requirements. (a) Space for commuter vans. The code must require 
55.14 	that any parking ramp or other parking facility constructed in accordance with the code 
55.15 	include an appropriate number of spaces suitable for the parking of motor vehicles having 
55.16 	a capacity of seven to 16 persons and which are principally used to provide prearranged 
55.17 	commuter transportation of employees to or from their place of employment or to or from 
55.18 	a transit stop authorized by a local transit authority.
55.19 	(b) Smoke detection devices. The code must require that all dwellings, lodging houses, 
55.20 	apartment houses, and hotels as defined in section 299F.362 comply with the provisions of 
55.21 	section 299F.362.
55.22 	(c) Doors in nursing homes and hospitals. The State Building Code may not require 
55.23 	that each door entering a sleeping or patient's room from a corridor in a nursing home or 
55.24 	hospital with an approved complete standard automatic fire extinguishing system be 
55.25 	constructed or maintained as self-closing or automatically closing.
55.26 	(d) Child care facilities in churches; ground level exit. A licensed day care center 
55.27 	serving fewer than 30 preschool age persons and which is located in a belowground space 
55.28 	in a church building is exempt from the State Building Code requirement for a ground level 
55.29 	exit when the center has more than two stairways to the ground level and its exit.
55.30 	(e) Family and group family day care. Until the legislature enacts legislation specifying 
55.31 	appropriate standards, the definition of dwellings constructed in accordance with the 
55.32 	International Residential Code as adopted as part of the State Building Code applies to 
56.1 	family and group family day care homes licensed by the Department of Human Services 
56.2 	under Minnesota Rules, chapter 9502.
56.3 	(f) Enclosed stairways. No provision of the code or any appendix chapter of the code 
56.4 	may require stairways of existing multiple dwelling buildings of two stories or less to be 
56.5 	enclosed.
56.6 	(g) Double cylinder dead bolt locks. No provision of the code or appendix chapter of 
56.7 	the code may prohibit double cylinder dead bolt locks in existing single-family homes, 
56.8 	townhouses, and first floor duplexes used exclusively as a residential dwelling. Any 
56.9 	recommendation or promotion of double cylinder dead bolt locks must include a warning 
56.10 	about their potential fire danger and procedures to minimize the danger.
56.11 	(h) Relocated residential buildings. A residential building relocated within or into a 
56.12 	political subdivision of the state need not comply with the State Energy Code or section 
56.13 	326B.439 provided that, where available, an energy audit is conducted on the relocated 
56.14 	building.
56.15 	(i) Automatic garage door opening systems. The code must require all residential 
56.16 	buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82 
56.17 	and 325F.83.
56.18 	(j) Exterior wood decks, patios, and balconies. The code must permit the decking 
56.19 	surface and upper portions of exterior wood decks, patios, and balconies to be constructed 
56.20 	of (1) heartwood from species of wood having natural resistance to decay or termites, 
56.21 	including redwood and cedars, (2) grades of lumber which contain sapwood from species 
56.22 	of wood having natural resistance to decay or termites, including redwood and cedars, or 
56.23 	(3) treated wood. The species and grades of wood products used to construct the decking 
56.24 	surface and upper portions of exterior decks, patios, and balconies must be made available 
56.25 	to the building official on request before final construction approval.
56.26 	(k) Bioprocess piping and equipment. No permit fee for bioprocess piping may be 
56.27 	imposed by municipalities under the State Building Code, except as required under section 
56.28 	326B.92 subdivision 1. Permits for bioprocess piping shall be according to section 326B.92 
56.29 	administered by the Department of Labor and Industry. All data regarding the material 
56.30 	production processes, including the bioprocess system's structural design and layout, are 
56.31 	nonpublic data as provided by section 13.7911.
56.32 	(l) Use of ungraded lumber. The code must allow the use of ungraded lumber in 
56.33 	geographic areas of the state where the code did not generally apply as of April 1, 2008, to 
56.34 	the same extent that ungraded lumber could be used in that area before April 1, 2008.
57.1 	(m) Window cleaning safety.The code must require the installation of dedicated 
57.2 	anchorages for the purpose of suspended window cleaning on (1) new buildings four stories 
57.3 	or greater; and (2) buildings four stories or greater, only on those areas undergoing 
57.4 	reconstruction, alteration, or repair that includes the exposure of primary structural 
57.5 	components of the roof. The commissioner shall adopt rules, using the expedited rulemaking 
57.6 	process in section 14.389, requiring window cleaning safety features that comply with a 
57.7 	nationally recognized standard as part of the State Building Code. Window cleaning safety 
57.8 	features shall be provided for all windows on:
57.9 	(1) new buildings where determined by the code; and
57.10 	(2) existing buildings undergoing alterations where both of the following conditions are 
57.11 	met:
57.12 	(i) the windows do not currently have safe window cleaning features; and
57.13 	(ii) the proposed work area being altered can include provisions for safe window cleaning.
57.14 	The commissioner may waive all or a portion of the requirements of this paragraph 
57.15 	related to reconstruction, alteration, or repair, if the installation of dedicated anchorages 
57.16 	would not result in significant safety improvements due to limits on the size of the project, 
57.17 	or other factors as determined by the commissioner.
57.18 	(n) Adult-size changing facilities. The commissioner shall adopt rules requiring 
57.19 	adult-size changing facilities as part of the State Building Code.

57.20 	Sec. 28. Minnesota Statutes 2022, section 326B.106, is amended by adding a subdivision 
57.21 	to read:
57.22 		Subd. 16.Electric vehicle charging. The code shall require a minimum number of 
57.23 	electric vehicle ready spaces, electric vehicle capable spaces, and electric vehicle charging 
57.24 	stations either within or adjacent to new commercial and multifamily structures that provide 
57.25 	on-site parking facilities. Residential structures with fewer than four dwelling units are 
57.26 	exempt from this subdivision.

57.27 	Sec. 29. Minnesota Statutes 2022, section 326B.802, subdivision 15, is amended to read:
57.28 		Subd. 15.Special skill. "Special skill" means one of the following eight categories:
57.29 	(a) Excavation. Excavation includes work in any of the following areas:
57.30 	(1) excavation;
57.31 	(2) trenching;
58.1 	(3) grading; and
58.2 	(4) site grading.
58.3 	(b) Masonry and concrete. Masonry and concrete includes work in any of the following 
58.4 	areas:
58.5 	(1) drain systems;
58.6 	(2) poured walls;
58.7 	(3) slabs and poured-in-place footings;
58.8 	(4) masonry walls;
58.9 	(5) masonry fireplaces;
58.10 	(6) masonry veneer; and
58.11 	(7) water resistance and waterproofing.
58.12 	(c) Carpentry. Carpentry includes work in any of the following areas:
58.13 	(1) rough framing;
58.14 	(2) finish carpentry;
58.15 	(3) doors, windows, and skylights;
58.16 	(4) porches and decks, excluding footings;
58.17 	(5) wood foundations; and
58.18 	(6) drywall installation, excluding taping and finishing.
58.19 	(d) Interior finishing. Interior finishing includes work in any of the following areas:
58.20 	(1) floor covering;
58.21 	(2) wood floors;
58.22 	(3) cabinet and counter top installation;
58.23 	(4) insulation and vapor barriers;
58.24 	(5) interior or exterior painting;
58.25 	(6) ceramic, marble, and quarry tile;
58.26 	(7) ornamental guardrail and installation of prefabricated stairs; and
58.27 	(8) wallpapering.
59.1 	(e) Exterior finishing. Exterior finishing includes work in any of the following areas:
59.2 	(1) siding;
59.3 	(2) soffit, fascia, and trim;
59.4 	(3) exterior plaster and stucco;
59.5 	(4) painting; and
59.6 	(5) rain carrying systems, including gutters and down spouts.
59.7 	(f) Drywall and plaster. Drywall and plaster includes work in any of the following 
59.8 	areas:
59.9 	(1) installation;
59.10 	(2) taping;
59.11 	(3) finishing;
59.12 	(4) interior plaster;
59.13 	(5) painting; and
59.14 	(6) wallpapering.
59.15 	(g) Residential roofing. Residential roofing includes work in any of the following areas:
59.16 	(1) roof coverings;
59.17 	(2) roof sheathing;
59.18 	(3) roof weatherproofing and insulation; and
59.19 	(4) repair of roof support system, but not construction of new roof support system; and
59.20 	(5) penetration of roof coverings for purposes of attaching a solar photovoltaic system.
59.21 	(h) General installation specialties. Installation includes work in any of the following 
59.22 	areas:
59.23 	(1) garage doors and openers;
59.24 	(2) pools, spas, and hot tubs;
59.25 	(3) fireplaces and wood stoves;
59.26 	(4) asphalt paving and seal coating; and
59.27 	(5) ornamental guardrail and prefabricated stairs; and
59.28 	(6) assembly of the support system for a solar photovoltaic system.

60.1 	Sec. 30. RULEMAKING AUTHORITY.
 60.2 	The commissioner of labor and industry shall adopt rules, using the expedited rulemaking 
60.3 	process in Minnesota Statutes, section 14.389, that set forth adult-size changing facilities 
60.4 	to conform with the addition of Minnesota Statutes, section 326B.106, subdivision 4, 
60.5 	paragraph (n), under this act.

60.6 	EFFECTIVE DATE. This section is effective the day following final enactment.

60.7 	Sec. 31. REPEALER.
 60.8 	Minnesota Statutes 2022, section 177.26, subdivision 3, is repealed.

60.9 	ARTICLE 6
60.10 	SAFE WORKPLACES FOR MEAT AND POULTRY PROCESSING WORKERS

60.11 	Section 1. [179.87] TITLE.
60.12 	Sections 179.87 to 179.8757 may be titled the "Safe Workplaces for Meat and Poultry 
60.13 	Processing Workers Act."

60.14 	Sec. 2. [179.871] DEFINITIONS.
60.15 		Subdivision 1.Definitions. For purposes of sections 179.87 to 179.8757, the terms in 
60.16 	this section have the meanings given.
60.17 		Subd. 2.Authorized employee representative. "Authorized employee representative" 
60.18 	has the meaning given in section 182.651, subdivision 22.
60.19 		Subd. 3.Commissioner. "Commissioner" means the commissioner of labor and industry 
60.20 	or the commissioner's designee.
60.21 		Subd. 4.Coordinator. "Coordinator" means the meatpacking industry worker rights 
60.22 	coordinator or the coordinator's designee.
60.23 		Subd. 5.Meat-processing worker. "Meat-processing worker" or "worker" means any 
60.24 	individual who a meat-processing employer suffers or permits to work directly in contact 
60.25 	with raw meatpacking products in a meatpacking operation, including independent contractors 
60.26 	and persons performing work for an employer through a temporary service or staffing 
60.27 	agency. Workers in a meatpacking operation who inspect or package meatpacking products 
60.28 	and workers who clean, maintain, or sanitize equipment or surfaces are included in the 
60.29 	definition of a meat-processing worker. Meat-processing worker does not include a federal, 
60.30 	state, or local government inspector.
61.1 		Subd. 6.Meatpacking operation. "Meatpacking operation" or "meat-processing 
61.2 	employer" means a meatpacking or poultry processing site with 100 or more employees in 
61.3 	Minnesota and a North American Industrial Classification system (NAICS) code of 311611 
61.4 	to 311615, excluding NAICS code 311613. Meatpacking operation or meat-processing 
61.5 	employer does not mean a grocery store, butcher shop, meat market, deli, restaurant, or 
61.6 	other business preparing meatpacking products for immediate consumption or for sale in a 
61.7 	retail establishment or otherwise directly to an end-consumer.
61.8 		Subd. 7.Meatpacking products. "Meatpacking products" means meat food products 
61.9 	and poultry food products as defined in section 31A.02, subdivision 10.

61.10 	Sec. 3. [179.8715] WORKER RIGHTS COORDINATOR.
61.11 	(a) The commissioner must appoint a meatpacking industry worker rights coordinator 
61.12 	in the Department of Labor and Industry and provide the coordinator with necessary office 
61.13 	space, furniture, equipment, supplies, and assistance.
61.14 	(b) The commissioner must enforce sections 179.87 to 179.8757, including inspecting, 
61.15 	reviewing, and recommending improvements to the practices and procedures of meatpacking 
61.16 	operations in Minnesota. A meat-processing employer must grant the commissioner full 
61.17 	access to all meatpacking operations in this state at any time that meatpacking products are 
61.18 	being processed or meat-processing workers are on the job.
61.19 	(c) No later than December 1 each year, beginning December 1, 2024, the coordinator 
61.20 	must submit a report to the governor and the chairs and ranking minority members of the 
61.21 	legislative committees with jurisdiction over labor. The report must include recommendations 
61.22 	to promote better treatment of meat-processing workers. The coordinator shall also post the 
61.23 	report on the Department of Labor and Industry's website.

61.24 	Sec. 4. [179.872] REFUSAL TO WORK UNDER DANGEROUS CONDITIONS.
61.25 	A meat-processing worker has the right to refuse to work under dangerous conditions 
61.26 	in accordance with section 182.654, subdivision 11. Pursuant to section 182.654, subdivision 
61.27 	11, the worker shall continue to receive pay and shall not be subject to discrimination.

61.28 	Sec. 5. [179.875] ENFORCEMENT AND COMPLIANCE.
61.29 		Subdivision 1.Administrative enforcement. The commissioner, either on the 
61.30 	commissioner's initiative or in response to a complaint, may inspect a meatpacking operation 
61.31 	and subpoena records and witnesses as provided in sections 175.20, 177.27, and 182.659. 
62.1 	If a meat-processing employer does not comply with the commissioner's inspection, the 
62.2 	commissioner may seek relief as provided in this section or chapter 175 or 182.
62.3 		Subd. 2.Compliance authority. The commissioner may issue a compliance order under 
62.4 	section 177.27, subdivision 4, requiring an employer to comply with sections 179.8755, 
62.5 	paragraphs (b) and (c); 179.8756, subdivisions 1 to 3 and 4, paragraphs (f) and (g); and 
62.6 	179.8757. The commissioner also has authority, pursuant to section 182.662, subdivision 
62.7 	1, to issue a stop work or business closure order when there is a condition or practice that 
62.8 	could result in death or serious physical harm.
62.9 		Subd. 3.Private civil action. If a meat-processing employer does not comply with a 
62.10 	provision in sections 179.87 to 179.8757, an aggrieved worker, authorized employee 
62.11 	representative, or other person may bring a civil action in a court of competent jurisdiction 
62.12 	within three years of an alleged violation and, upon prevailing, must be awarded the relief 
62.13 	provided in this section. Pursuing administrative relief is not a prerequisite for bringing a 
62.14 	civil action.
62.15 		Subd. 4.Other government enforcement. The attorney general may enforce sections 
62.16 	179.87 to 179.8757 under section 8.31. A city or county attorney may also enforce these 
62.17 	sections. Such law enforcement agencies may inspect meatpacking operations and subpoena 
62.18 	records and witnesses and, where such agencies determine that a violation has occurred, 
62.19 	may bring a civil action as provided in this section.
62.20 		Subd. 5.Relief. (a) In a civil action or administrative proceeding brought to enforce 
62.21 	sections 179.87 to 179.8757, the court or commissioner must order relief as provided in this 
62.22 	subdivision.
62.23 	(b) For any violation of sections 179.87 to 179.8757:
62.24 	(1) an injunction to order compliance and restrain continued violations;
62.25 	(2) payment to a prevailing worker by a meat-processing employer of reasonable costs, 
62.26 	disbursements, and attorney fees; and
62.27 	(3) a civil penalty payable to the state of not less than $100 per day per worker affected 
62.28 	by the meat-processing employer's noncompliance with sections 179.87 to 179.8757.
62.29 	(c) Any worker who brings a complaint under sections 179.87 to 179.8757 and suffers 
62.30 	retaliation is entitled to treble damages in addition to lost pay and recovery of attorney fees 
62.31 	and costs.
63.1 	(d) Any company who is found to have retaliated against a meat-processing worker must 
63.2 	pay a fine of up to $10,000 to the commissioner, in addition to other penalties available 
63.3 	under law.
63.4 		Subd. 6.Whistleblower enforcement; penalty distribution. (a) The relief provided in 
63.5 	this section may be recovered through a private civil action brought on behalf of the 
63.6 	commissioner in a court of competent jurisdiction by another individual, including an 
63.7 	authorized employee representative, pursuant to this subdivision.
63.8 	(b) The individual must give written notice to the coordinator of the specific provision 
63.9 	or provisions of sections 179.87 to 179.8757 alleged to have been violated. The individual 
63.10 	or representative organization may commence a civil action under this subdivision if no 
63.11 	enforcement action is taken by the commissioner within 30 days.
63.12 	(c) Civil penalties recovered pursuant to this subdivision must be distributed as follows:
63.13 	(1) 70 percent to the commissioner for enforcement of sections 179.87 to 179.8757; and
63.14 	(2) 30 percent to the individual or authorized employee representative.
63.15 	(d) The right to bring an action under this subdivision shall not be impaired by private 
63.16 	contract. A public enforcement action must be tried promptly, without regard to concurrent 
63.17 	adjudication of a private claim for the same alleged violation.

63.18 	Sec. 6. [179.8755] RETALIATION AGAINST EMPLOYEES AND 
63.19 	WHISTLEBLOWERS PROHIBITED.
63.20 	(a) Pursuant to section 182.669, no meat-processing employer or other person may 
63.21 	discharge or discriminate against a worker because the employee has raised a concern about 
63.22 	a meatpacking operation's health and safety practices to the employer or otherwise exercised 
63.23 	any right authorized under sections 182.65 to 182.674.
63.24 	(b) No meat-processing employer or other person may attempt to require any worker to 
63.25 	sign a contract or other agreement that would limit or prevent the worker from disclosing 
63.26 	information about workplace health and safety practices or hazards, or to otherwise abide 
63.27 	by a workplace policy that would limit or prevent such disclosures. Any such agreements 
63.28 	or policies are hereby void and unenforceable as contrary to the public policy of this state. 
63.29 	An employer's attempt to impose such a contract, agreement, or policy shall constitute an 
63.30 	adverse action enforceable under section 179.875.
63.31 	(c) Reporting or threatening to report a meat-processing worker's suspected citizenship 
63.32 	or immigration status, or the suspected citizenship or immigration status of a family member 
64.1 	of the worker, to a federal, state, or local agency because the worker exercises a right under 
64.2 	sections 179.87 to 179.8757 constitutes an adverse action for purposes of establishing a 
64.3 	violation of that worker's rights. For purposes of this paragraph, "family member" means a 
64.4 	spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild 
64.5 	related by blood, adoption, marriage, or domestic partnership.

64.6 	Sec. 7. [179.8756] MEATPACKING WORKER CHRONIC INJURIES AND 
64.7 	WORKPLACE SAFETY.
64.8 		Subdivision 1.Facility committee. (a) The meat-processing employer's ergonomics 
64.9 	program under section 182.677, subdivision 2, must be developed and implemented by a 
64.10 	committee of individuals who are knowledgeable of the tasks and work processes performed 
64.11 	by workers at the employer's facility. The committee must include:
64.12 	(1) a certified professional ergonomist;
64.13 	(2) a licensed, board-certified physician, with preference given to a physician who has 
64.14 	specialized experience and training in occupational medicine; and
64.15 	(3) at least three workers employed in the employer's facility who have completed a 
64.16 	general industry outreach course approved by the commissioner, one of whom must be an 
64.17 	authorized employee representative if the employer is party to a collective bargaining 
64.18 	agreement.
64.19 	(b) If it is not practicable for a certified professional ergonomist or a licensed, 
64.20 	board-certified physician to be a member of the committee required by paragraph (b), the 
64.21 	meatpacking employer must have their ergonomics program reviewed by a certified 
64.22 	professional ergonomist and a licensed, board-certified physician prior to implementation 
64.23 	of the program and annually thereafter.
64.24 		Subd. 2.New task and annual safety training. (a) Meat-processing employers must 
64.25 	provide every worker who is assigned a new task if the worker has no previous work 
64.26 	experience with training on how to safely perform the task, the ergonomic and other hazards 
64.27 	associated with the task, and training on the early signs and symptoms of musculoskeletal 
64.28 	injuries and the procedures for reporting them. The employer must give a worker an 
64.29 	opportunity within 30 days of receiving the new task training to receive refresher training 
64.30 	on the topics covered in the new task training. The employer must provide this training in 
64.31 	a language and with vocabulary that the employee can understand.
64.32 	(b) Meat-processing employers must provide each worker with no less than eight hours 
64.33 	of safety training each year. This annual training must address health and safety topics that 
65.1 	are relevant to the establishment and the worker's job assignment, such as cuts, lacerations, 
65.2 	amputations, machine guarding, biological hazards, lockout/tagout, hazard communication, 
65.3 	ergonomic hazards, and personal protective equipment. At least two of the eight hours of 
65.4 	annual training must be on topics related to the facility's ergonomic injury prevention 
65.5 	program, including the assessment of surveillance data, the ergonomic hazard prevention 
65.6 	and control plan, and the early signs and symptoms of musculoskeletal disorders and the 
65.7 	procedures for reporting them. The employer must provide this training in a language and 
65.8 	with vocabulary that the employee can understand.
65.9 		Subd. 3.Medical services and qualifications. (a) Meat-processing employers must 
65.10 	ensure that:
65.11 	(1) all first-aid providers, medical assistants, nurses, and physicians engaged by the 
65.12 	employer are licensed and perform their duties within the scope of their licensed practice;
65.13 	(2) medical management of musculoskeletal disorders is under direct supervision of a 
65.14 	licensed physician specializing in occupational medicine who will advise on best practices 
65.15 	for management and prevention of work-related musculoskeletal disorders; and
65.16 	(3) medical management of musculoskeletal injuries follows the most current version 
65.17 	of the American College of Occupational and Environmental Medicine practice guidelines.
65.18 	(b) The coordinator may compile, analyze, and publish annually, either in summary or 
65.19 	detailed form, all reports or information obtained under sections 179.87 to 179.8757, 
65.20 	including information about ergonomics programs, and may cooperate with the United 
65.21 	States Department of Labor in obtaining national summaries of occupational deaths, injuries, 
65.22 	and illnesses. The coordinator and authorized employee representative must preserve the 
65.23 	anonymity of each employee with respect to whom medical reports or information is obtained.
65.24 	(c) Meat-processing employers must not institute or maintain any program, policy, or 
65.25 	practice that discourages employees from reporting injuries, hazards, or safety standard 
65.26 	violations, unless the employee authorizes employee's information be shared.
65.27 		Subd. 4.Pandemic protections. (a) This subdivision applies during a public health 
65.28 	emergency that involves airborne transmission.
65.29 	(b) Meat-processing employers must maintain a radius of space around and between 
65.30 	each worker according to the Centers for Disease Control and Prevention guidelines unless 
65.31 	a nonporous barrier separates the workers. An employer may accomplish such distancing 
65.32 	by increasing physical space between workstations, slowing production speeds, staggering 
65.33 	shifts and breaks, adjusting shift size, or a combination thereof. The employer must 
66.1 	reconfigure common or congregate spaces to allow for such distancing, including lunch 
66.2 	rooms, break rooms, and locker rooms. The employer must reinforce social distancing by 
66.3 	allowing workers to maintain six feet of distance along with the use of nonporous barriers.
66.4 	(c) Meat-processing employers must provide employees with face masks and must make 
66.5 	face shields available on request. Face masks, including replacement face masks, and face 
66.6 	shields must be provided at no cost to the employee. All persons present at the meatpacking 
66.7 	operation must wear face masks in the facility except in those parts of the facility where 
66.8 	infection risk is low because workers work in isolation.
66.9 	(d) Meat-processing employers must provide all meat-processing workers with the ability 
66.10 	to frequently and routinely sanitize their hands with either hand-washing or hand-sanitizing 
66.11 	stations. The employer must ensure that restrooms have running hot and cold water and 
66.12 	paper towels and are in sanitary condition. The employer must provide gloves to those who 
66.13 	request them.
66.14 	(e) Meat-processing employers must clean and regularly disinfect all frequently touched 
66.15 	surfaces in the workplace, such as workstations, training rooms, machinery controls, tools, 
66.16 	protective garments, eating surfaces, bathrooms, showers, and other similar areas. Employers 
66.17 	must install and maintain ventilation systems that ensure unidirectional air flow, outdoor 
66.18 	air, and filtration in both production areas and common areas such as cafeterias and locker 
66.19 	rooms.
66.20 	(f) Meat-processing employers must disseminate all required communications, notices, 
66.21 	and any published materials regarding these protections in English, Spanish, and other 
66.22 	languages as required for employees to understand the communication.
66.23 	(g) Consistent with sections 177.253 and 177.254, meat-processing employers must 
66.24 	provide adequate break time for workers to use the bathroom, wash their hands, and don 
66.25 	and doff protective equipment. Nothing in this section relieves an employer of its obligation 
66.26 	to comply with federal and state wage and hour laws.
66.27 	(h) Meat-processing employers must provide sufficient personal protective equipment 
66.28 	for each employee for each shift, plus replacements, at no cost to the employee. 
66.29 	Meat-processing employers must provide training in proper use of personal protective 
66.30 	equipment, safety procedures, and sanitation.
66.31 	(i) Meat-processing employers must record all injuries and illnesses in the facility and 
66.32 	make these records available upon request to the health and safety committee. The name, 
66.33 	contact information, and occupation of an employee, and any other information that would 
66.34 	reveal the identity of an employee, must be removed. The redacted records must only include, 
67.1 	to the extent it would not reveal the identity of an employee, the location where the employee 
67.2 	worked, the date of the injury or visit, a description of the medical treatment or first aid 
67.3 	provided, and a description of the injury suffered. The employer also must make its records 
67.4 	available to the commissioner, and where there is a collective bargaining agreement, to the 
67.5 	authorized bargaining representative.
67.6 	(j) Except for paragraphs (f) and (g), this section shall be enforced by the commissioner 
67.7 	under sections 182.66 and 182.661. A violation of this section is subject to the penalties 
67.8 	provided under section 182.666. Paragraphs (f) and (g) are enforceable by the commissioner 
67.9 	as described in section 179.875, subdivision 2.
67.10 	(k) This subdivision may also be enforced as described in section 179.875, subdivisions 
67.11 	3 to 6.

67.12 	Sec. 8. [179.8757] NOTIFICATION REQUIRED.
67.13 	(a) Meat-processing employers must provide written information and notifications about 
67.14 	employee rights under section 179.86 and sections 179.87 to 179.8757 to workers in their 
67.15 	language of fluency at least annually. If a worker is unable to understand written information 
67.16 	and notifications, the employer must provide such information and notices orally in the 
67.17 	worker's language of fluency.
67.18 	(b) The coordinator must notify covered employers of the provisions of sections 179.87 
67.19 	to 179.8757 and any recent updates at least annually.
67.20 	(c) The coordinator must place information explaining sections 179.87 to 179.8757 on 
67.21 	the Department of Labor and Industry's website in at least English, Spanish, and any other 
67.22 	language that at least ten percent of meat-processing workers communicate in fluently. The 
67.23 	coordinator must also make the information accessible to persons with impaired visual 
67.24 	acuity.

67.25 	Sec. 9. Minnesota Statutes 2022, section 182.654, subdivision 11, is amended to read:
67.26 		Subd. 11.Refusal to work under dangerous conditions. An employee acting in good 
67.27 	faith has the right to refuse to work under conditions which the employee reasonably believes 
67.28 	present an imminent danger of death or serious physical harm to the employee.
67.29 	A reasonable belief of imminent danger of death or serious physical harm includes but 
67.30 	is not limited to a reasonable belief of the employee that the employee has been assigned 
67.31 	to work in an unsafe or unhealthful manner with a hazardous substance, harmful physical 
67.32 	agent or infectious agent.
68.1 	An employer may not discriminate against an employee for a good faith refusal to 
68.2 	perform assigned tasks if the employee has requested that the employer correct the hazardous 
68.3 	conditions but the conditions remain uncorrected.
68.4 	An employee who has refused in good faith to perform assigned tasks and who has not 
68.5 	been reassigned to other tasks by the employer shall, in addition to retaining a right to 
68.6 	continued employment, receive pay for the tasks which would have been performed if (1) 
68.7 	the employee requests the commissioner to inspect and determine the nature of the hazardous 
68.8 	condition, and (2) the commissioner determines that the employee, by performing the 
68.9 	assigned tasks, would have been placed in imminent danger of death or serious physical 
68.10 	harm.
68.11 	Additionally, an administrative law judge may order, in addition to the relief found in 
68.12 	section 182.669:
68.13 	(1) reinstatement of the worker to the same position held before any adverse personnel 
68.14 	action or to an equivalent position, reinstatement of full fringe benefits and seniority rights, 
68.15 	and compensation for unpaid wages, benefits and other remuneration, or front pay in lieu 
68.16 	of reinstatement; and
68.17 	(2) compensatory damages payable to the aggrieved worker equal to the greater of $5,000 
68.18 	or twice the actual damages, including unpaid wages, benefits and other remuneration, and 
68.19 	punitive damages.

68.20 	ARTICLE 7
68.21 	REGULATION OF RESTRICTIVE EMPLOYMENT AGREEMENTS

68.22 	Section 1. [181.141] SEXUAL HARASSMENT OR ABUSE SETTLEMENT; 
68.23 	PAYMENT AS SEVERANCE OR WAGES PROHIBITED.
68.24 	In a sexual harassment or abuse settlement between an employer and an employee, when 
68.25 	there is a financial settlement provided, the financial settlement cannot be provided as wages 
68.26 	or severance pay to the employee regardless of whether the settlement includes a 
68.27 	nondisclosure agreement.

68.28 	EFFECTIVE DATE. This section is effective the day following final enactment and 
68.29 	applies to settlements entered into on or after that date.

69.1 	Sec. 2. [181.987] COVENANTS NOT TO COMPETE VOID IN EMPLOYMENT 
69.2 	AGREEMENTS; SUBSTANTIVE PROTECTIONS OF MINNESOTA LAW APPLY.
69.3 		Subdivision 1.Definitions. (a) "Covenant not to compete" means an agreement between 
69.4 	an employee and employer that restricts the employee, after termination of the employment, 
69.5 	from performing:
69.6 	(1) work for another employer for a specified period of time;
69.7 	(2) work in a specified geographical area; or
69.8 	(3) work for another employer in a capacity that is similar to the employee's work for 
69.9 	the employer that is party to the agreement.
69.10 	A covenant not to compete does not include a nondisclosure agreement, or agreement 
69.11 	designed to protect trade secrets or confidential information. A covenant not to compete 
69.12 	does not include a nonsolicitation agreement, or agreement restricting the ability to use 
69.13 	client or contact lists, or solicit customers of the employer.
69.14 	(b) "Employer" means any individual, partnership, association, corporation, business, 
69.15 	trust, or any person or group of persons acting directly or indirectly in the interest of an 
69.16 	employer in relation to an employee.
69.17 	(c) "Employee" as used in this section means any individual who performs services for 
69.18 	an employer, including independent contractors.
69.19 	(d) "Independent contractor" means any individual whose employment is governed by 
69.20 	a contract and whose compensation is not reported to the Internal Revenue Service on a 
69.21 	W-2 form. For purposes of this section, independent contractor also includes any corporation, 
69.22 	limited liability corporation, partnership, or other corporate entity when an employer requires 
69.23 	an individual to form such an organization for purposes of entering into a contract for 
69.24 	services as a condition of receiving compensation under an independent contractor agreement.
69.25 		Subd. 2.Covenants not to compete void and unenforceable. (a) Any covenant not to 
69.26 	compete contained in a contract or agreement is void and unenforceable.
69.27 	(b) Notwithstanding paragraph (a), a covenant not to compete is valid and enforceable 
69.28 	if:
69.29 	(1) the covenant not to compete is agreed upon during the sale of a business. The person 
69.30 	selling the business and the partners, members, or shareholders, and the buyer of the business 
69.31 	may agree on a temporary and geographically restricted covenant not to compete that will 
70.1 	prohibit the seller of the business from carrying on a similar business within a reasonable 
70.2 	geographic area and for a reasonable length of time; or
70.3 	(2) the covenant not to compete is agreed upon in anticipation of the dissolution of a 
70.4 	business. The partners, members, or shareholders, upon or in anticipation of a dissolution 
70.5 	of a partnership, limited liability company, or corporation may agree that all or any number 
70.6 	of the parties will not carry on a similar business within a reasonable geographic area where 
70.7 	the business has been transacted.
70.8 	(c) Nothing in this subdivision shall be construed to render void or unenforceable any 
70.9 	other provisions in a contract or agreement containing a void or unenforceable covenant 
70.10 	not to compete.
70.11 	(d) In addition to injunctive relief and any other remedies available, a court may award 
70.12 	an employee who is enforcing rights under this section reasonable attorney fees.
70.13 		Subd. 3.Choice of law; venue. (a) An employer must not require an employee who 
70.14 	primarily resides and works in Minnesota, as a condition of employment, to agree to a 
70.15 	provision in an agreement or contract that would do either of the following:
70.16 	(1) require the employee to adjudicate outside of Minnesota a claim arising in Minnesota; 
70.17 	or
70.18 	(2) deprive the employee of the substantive protection of Minnesota law with respect to 
70.19 	a controversy arising in Minnesota.
70.20 	(b) Any provision of a contract or agreement that violates paragraph (a) is voidable at 
70.21 	any time by the employee and if a provision is rendered void at the request of the employee, 
70.22 	the matter shall be adjudicated in Minnesota and Minnesota law shall govern the dispute.
70.23 	(c) In addition to injunctive relief and any other remedies available, a court may award 
70.24 	an employee who is enforcing rights under this section reasonable attorney fees.
70.25 	(d) For purposes of this section, adjudication includes litigation and arbitration.

70.26 	EFFECTIVE DATE. This section is effective the day following final enactment and 
70.27 	applies to contracts and agreements entered into on or after that date.

70.28 	Sec. 3. Minnesota Statutes 2022, section 290.0132, is amended by adding a subdivision 
70.29 	to read:
70.30 		Subd. 31.Damages for sexual harassment or abuse. The amount of qualifying damages 
70.31 	received is a subtraction. For purposes of this subdivision, "qualifying damages" means:
71.1 	(1) damages received under a sexual harassment or abuse claim that are not excluded 
71.2 	from gross income under section 104(a)(2) of the Internal Revenue Code because the injury 
71.3 	or sickness for which the damages are paid are not physical; or
71.4 	(2) severance pay received under a financial settlement of a sexual harassment or abuse 
71.5 	claim that does not include a nondisclosure agreement.

71.6 	EFFECTIVE DATE. This section is effective for taxable years beginning after December 
71.7 	31, 2022.

71.8 	ARTICLE 8
71.9 	BUILDING AND CONSTRUCTION CONTRACTS

71.10 	Section 1. Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision 
71.11 	to read:
71.12 		Subd. 1a.Indemnification agreement. "Indemnification agreement" means an agreement 
71.13 	by the promisor to indemnify, defend, or hold harmless the promisee against liability or 
71.14 	claims of liability for damages arising out of bodily injury to persons or out of physical 
71.15 	damage to tangible or real property.

71.16 	Sec. 2. Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision to 
71.17 	read:
71.18 		Subd. 1b.Promisee. "Promisee" includes that party's independent contractors, agents, 
71.19 	employees, or indemnitees.

71.20 	Sec. 3. Minnesota Statutes 2022, section 15.72, is amended by adding a subdivision to 
71.21 	read:
71.22 		Subd. 3.Unenforceability of certain agreements. (a) An indemnification agreement 
71.23 	contained in, or executed in connection with, a contract for a public improvement is 
71.24 	unenforceable except to the extent that:
71.25 	(1) the underlying injury or damage is attributable to the negligent or otherwise wrongful 
71.26 	act or omission, including breach of a specific contractual duty, of the promisor or the 
71.27 	promisor's independent contractors, agents, employees, or delegatees; or
71.28 	(2) an owner, a responsible party, or a governmental entity agrees to indemnify a 
71.29 	contractor directly or through another contractor with respect to strict liability under 
71.30 	environmental laws.
72.1 	(b) A provision in a public building or construction contract that requires a party to 
72.2 	provide insurance coverage to one or more other parties, including third parties, for the 
72.3 	negligence or intentional acts or omissions of any of those other parties, including third 
72.4 	parties, is against public policy and is void and unenforceable.
72.5 	(c) Paragraph (b) does not affect the validity of a provision that requires a party to provide 
72.6 	or obtain workers' compensation insurance, construction performance or payment bonds, 
72.7 	builder's risk policies, owner or contractor-controlled insurance programs or policies, or 
72.8 	project-specific insurance for claims arising out of the promisor's negligent acts or omissions 
72.9 	or the negligent acts or omissions of the promisors, independent contractors, agents, 
72.10 	employees, or delegatees.
72.11 	(d) Paragraph (b) does not affect the validity of a provision that requires the promisor 
72.12 	to provide or obtain insurance coverage for the promisee's vicarious liability, or liability 
72.13 	imposed by warranty, arising out of the acts or omissions of the promisor.
72.14 	(e) Paragraph (b) does not apply to building and construction contracts for work within 
72.15 	50 feet of public or private railroads, or railroads regulated by the Federal Railroad 
72.16 	Administration.

72.17 	Sec. 4. Minnesota Statutes 2022, section 337.01, subdivision 3, is amended to read:
72.18 		Subd. 3.Indemnification agreement. "Indemnification agreement" means an agreement 
72.19 	by the promisor to indemnify, defend, or hold harmless the promisee against liability or 
72.20 	claims of liability for damages arising out of bodily injury to persons or out of physical 
72.21 	damage to tangible or real property.

72.22 	Sec. 5. Minnesota Statutes 2022, section 337.05, subdivision 1, is amended to read:
72.23 		Subdivision 1.Agreements valid. (a) Except as otherwise provided in paragraph (b), 
72.24 	sections 337.01 to 337.05 do not affect the validity of agreements whereby a promisor agrees 
72.25 	to provide specific insurance coverage for the benefit of others.
72.26 	(b) A provision that requires a party to provide insurance coverage to one or more other 
72.27 	parties, including third parties, for the negligence or intentional acts or omissions of any of 
72.28 	those other parties, including third parties, is against public policy and is void and 
72.29 	unenforceable.
72.30 	(c) Paragraph (b) does not affect the validity of a provision that requires a party to provide 
72.31 	or obtain workers' compensation insurance, construction performance or payment bonds, 
72.32 	or project-specific insurance, including, without limitation, builder's risk policies or owner 
73.1 	or contractor-controlled insurance programs or policies builder's risk policies, owner or 
73.2 	contractor-controlled insurance programs or policies, or project-specific insurance for claims 
73.3 	arising out of the promisor's negligent acts or omissions or the negligent acts or omissions 
73.4 	of the promisors, independent contractors, agents, employees, or delegatees.
73.5 	(d) Paragraph (b) does not affect the validity of a provision that requires the promisor 
73.6 	to provide or obtain insurance coverage for the promisee's vicarious liability, or liability 
73.7 	imposed by warranty, arising out of the acts or omissions of the promisor.
73.8 	(e) Paragraph (b) does not apply to building and construction contracts for work within 
73.9 	50 feet of public or private railroads, or railroads regulated by the Federal Railroad 
73.10 	Administration.

73.11 	Sec. 6. EFFECTIVE DATE.
 73.12 	Sections 1 to 5 are effective the day following final enactment and apply to agreements 
73.13 	entered into on or after that date.

APPENDIX 

Repealed Minnesota Statutes: S2782-1 

177.26 DIVISION OF LABOR STANDARDS.Subd. 3.Employees; transfer from Division of Women and Children. 
All persons employed by the department in the Division of Women and Children are transferred to the Division of Labor Standards. A transferred person does not lose rights acquired by reason of employment at the time of transfer.