HF 2755

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/22/2023 10:56am

A bill for an act
relating to state government; establishing the governor's biennial budget for the
Department of Labor and Industry, Workers' Compensation Court of Appeals, and
Bureau of Mediation Services; providing earned sick and safe time; protecting
agricultural and food processing workers; establishing nursing home workforce
standards; protecting petroleum refinery workers; modifying combative sports;
modifying other miscellaneous policy provisions; requiring reports; appropriating
money; amending Minnesota Statutes 2022, sections 13.43, subdivision 6; 175.16,
subdivision 1; 177.26, subdivisions 1, 2; 177.27, subdivisions 2, 4, 7; 178.01;
178.011, subdivision 7; 178.03, subdivision 1; 178.11; 179.86, subdivisions 1, 3,
by adding subdivisions; 179A.041, by adding a subdivision; 181.14, subdivision
1; 181.635, subdivisions 1, 2, 3, 4, 6; 181.85, subdivisions 2, 4; 181.86, subdivision
1; 181.87, subdivisions 2, 3, 7; 181.88; 181.89, subdivision 2, by adding a
subdivision; 181.942, subdivision 1; 181.9435, subdivision 1; 181.9436; 181.944;
182.666, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 326B.092, subdivision
6; 326B.096; 326B.103, subdivision 13, by adding subdivisions; 326B.106,
subdivision 1, by adding a subdivision; 341.21, subdivisions 2a, 2b, 2c, 4f, 7, by
adding a subdivision; 341.221; 341.25; 341.27; 341.28, subdivisions 2, 3, by adding
subdivisions; 341.30, subdivision 4; 341.32, subdivision 2; 341.321; 341.33;
341.355; proposing coding for new law in Minnesota Statutes, chapters 13; 177;
181; 341; repealing Minnesota Statutes 2022, sections 177.26, subdivision 3;
181.9413.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin (a) The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2024" and "2025" used in this article mean that the appropriations
listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025,
respectively. "The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The
biennium" is fiscal years 2024 and 2025.
new text end

new text begin (b) If an appropriation in this article is enacted more than once in the 2023 regular or
special legislative session, the appropriation must be given effect only once.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2024 new text end		new text begin 2025 new text end

Sec. 2. new text begin DEPARTMENT OF LABOR AND INDUSTRY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 45,071,000 new text end

new text begin $ new text end

new text begin 43,818,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 6,423,000 new text end	new text begin 6,894,000 new text end
new text begin Workers' Compensation new text end	new text begin 29,262,000 new text end	new text begin 30,384,000 new text end
new text begin Workforce Development new text end	new text begin 9,386,000 new text end	new text begin 6,540,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin General Support new text end

new text begin 8,765,000 new text end

new text begin 9,106,000 new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

new text begin Subd. 3. new text end new text begin Labor Standards new text end

new text begin 7,743,000 new text end

new text begin 8,275,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 6,180,000 new text end	new text begin 6,640,000 new text end
new text begin Workforce Development new text end	new text begin 1,563,000 new text end	new text begin 1,635,000 new text end

new text begin (a) $2,046,000 each year is for wage theft
prevention.
new text end

new text begin (b) $1,563,000 the first year and $1,635,000
the second year are from the workforce
development fund for prevailing wage
enforcement.
new text end

new text begin (c) $268,000 the first year and $276,000 the
second year are for outreach and enforcement
efforts related to changes to the nursing
mothers, lactating employees, and pregnancy
accommodations law.
new text end

new text begin (d) $184,000 the first year and $142,000 the
second year are to strengthen workplace
protections for agricultural and food
processing workers.
new text end

new text begin (e) $50,000 the first year is for outreach and
education for the safe and skilled worker act,
which establishes minimum training standards
for contractors performing work at oil
refineries in Minnesota.
new text end

new text begin (f) $641,000 the first year and $322,000 the
second year are to perform work for the
Nursing Home Workforce Standards Board.
new text end

new text begin (g) $1,445,000 the first year and $2,209,000
the second year are for earned sick and safe
time oversight, enforcement, and IT costs. The
base appropriation is $1,899,000 beginning in
fiscal year 2026.
new text end

new text begin Subd. 4. new text end new text begin Workers' Compensation new text end

new text begin 15,190,000 new text end

new text begin 15,725,000 new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

new text begin Subd. 5. new text end new text begin Workplace Safety new text end

new text begin 5,307,000 new text end

new text begin 5,553,000 new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

new text begin Subd. 6. new text end new text begin Workforce Development Initiatives new text end

new text begin 2,359,000 new text end

new text begin 2,371,000 new text end

new text begin (a) This appropriation is from the workforce
development fund.
new text end

new text begin (b) $300,000 each year is from the workforce
development fund for the pipeline program.
new text end

new text begin (c) $200,000 each year is from the workforce
development fund for identification of
competency standards under Minnesota
Statutes, section 175.45.
new text end

new text begin (d) $1,500,000 each year is from the
workforce development fund for youth skills
training grants under Minnesota Statutes,
section 175.46.
new text end

new text begin (e) $359,000 the first year and $371,000 the
second year are from the workforce
development fund for administration of the
youth skills training grants under Minnesota
Statutes, section 175.46.
new text end

new text begin Subd. 7. new text end new text begin Combative Sports new text end

new text begin 243,000 new text end

new text begin 254,000 new text end

new text begin This appropriation is from the general fund.
new text end

new text begin Subd. 8. new text end new text begin Apprenticeship new text end

new text begin 5,464,000 new text end

new text begin 2,534,000 new text end

new text begin (a) This appropriation is from the workforce
development fund.
new text end

new text begin (b) $1,464,000 the first year and $1,534,000
the second year are from the workforce
development fund for the apprenticeship
program under Minnesota Statutes, chapter
178.
new text end

new text begin (c) $1,000,000 the first year and $1,000,000
the second year are from the workforce
development fund for labor education and
advancement program grants under Minnesota
Statutes, section 178.11.
new text end

new text begin (d) $3,000,000 onetime in the first year is from
the workforce development fund for grants to
registered apprenticeship programs for clean
economy occupations. Of this amount, up to
five percent is for administration and
monitoring of the program. This appropriation
is available until June 30, 2026. Grant funds
may be used to:
new text end

new text begin (1) purchase equipment or training materials
in clean technologies;
new text end

new text begin (2) fund instructor professional development
in clean technologies;
new text end

new text begin (3) design and refine curriculum in clean
technologies; and
new text end

new text begin (4) train apprentices and upskill incumbent
workers in clean technologies.
new text end

Sec. 3. new text begin WORKERS' COMPENSATION COURT OF APPEALS new text end

new text begin $ new text end

new text begin 2,583,000 new text end

new text begin $ new text end

new text begin 2,563,000 new text end

new text begin This appropriation is from the workers'
compensation fund.
new text end

Sec. 4. new text begin BUREAU OF MEDIATION SERVICES new text end

new text begin $ new text end

new text begin 3,482,000 new text end

new text begin $ new text end

new text begin 3,564,000 new text end

new text begin (a) $525,000 each year is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041.
new text end

new text begin (b) $68,000 each year is for grants to area
labor management committees. Grants may
be awarded for a 12-month period beginning
July 1 each year. Any unencumbered balance
remaining at the end of the first year does not
cancel but is available for the second year.
new text end

new text begin (c) $47,000 each year is for rulemaking,
staffing, and other costs associated with peace
officer grievance procedures.
new text end

ARTICLE 2

EARNED SICK AND SAFE TIME

Section 1.

Minnesota Statutes 2022, section 181.942, subdivision 1, is amended to read:

Subdivision 1.

Comparable position.

(a) An employee returning from a leave of absence
under section 181.941 is entitled to return to employment in the employee's former position
or in a position of comparable duties, number of hours, and pay. An employee returning
from a leave of absence longer than one month must notify a supervisor at least two weeks
prior to return from leave. An employee returning from a leave under section 181.9412 or
deleted text begin 181.9413 deleted text end new text begin sections 181.9445 to 181.9448 new text end is entitled to return to employment in the employee's
former position.

(b) If, during a leave under sections 181.940 to 181.944, the employer experiences a
layoff and the employee would have lost a position had the employee not been on leave,
pursuant to the good faith operation of a bona fide layoff and recall system, including a
system under a collective bargaining agreement, the employee is not entitled to reinstatement
in the former or comparable position. In such circumstances, the employee retains all rights
under the layoff and recall system, including a system under a collective bargaining
agreement, as if the employee had not taken the leave.

Sec. 2.

Minnesota Statutes 2022, section 181.9436, is amended to read:

181.9436 POSTING OF LAW.

The Division of Labor Standards and Apprenticeship shall develop, with the assistance
of interested business and community organizations, an educational poster stating employees'
rights under sections 181.940 to deleted text begin 181.9436 deleted text end new text begin 181.9448 new text end . The department shall make the poster
available, upon request, to employers for posting on the employer's premises.

Sec. 3.

new text begin [181.9445] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of section 177.50 and sections 181.9445
to 181.9448, the terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and industry
or authorized designee or representative.
new text end

new text begin Subd. 3. new text end

new text begin Domestic abuse. new text end

new text begin "Domestic abuse" has the meaning given in section 518B.01.
new text end

new text begin Subd. 4. new text end

new text begin Earned sick and safe time. new text end

new text begin "Earned sick and safe time" means leave, including
paid time off and other paid leave systems, that is paid at the same hourly rate as an employee
earns from employment that may be used for the same purposes and under the same
conditions as provided under section 181.9447, but in no case shall this hourly rate be less
than that provided under section 177.24 or an applicable local minimum wage.
new text end

new text begin Subd. 5. new text end

new text begin Employee. new text end

new text begin "Employee" means any person who is employed by an employer,
including temporary and part-time employees, who performs work for at least 80 hours in
a year for that employer in Minnesota. Employee does not include an independent contractor.
new text end

new text begin Subd. 6. new text end

new text begin Employer. new text end

new text begin "Employer" means a person who has one or more employees.
Employer includes an individual, a corporation, a partnership, an association, a business
trust, a nonprofit organization, a group of persons, the state of Minnesota, a county, town,
city, school district, or other governmental subdivision. In the event that a temporary
employee is supplied by a staffing agency, absent a contractual agreement stating otherwise,
that individual shall be an employee of the staffing agency for all purposes of section 177.50
and sections 181.9445 to 181.9448. Employer does not include the United States government.
new text end

new text begin Subd. 7. new text end

new text begin Family member. new text end

new text begin "Family member" means:
new text end

new text begin (1) an employee's:
new text end

new text begin (i) child, foster child, adult child, legal ward, child for whom the employee is legal
guardian, or child to whom the employee stands or stood in loco parentis;
new text end

new text begin (ii) spouse or registered domestic partner;
new text end

new text begin (iii) sibling, stepsibling, or foster sibling;
new text end

new text begin (iv) biological, adoptive, or foster parent, stepparent, or a person who stood in loco
parentis when the employee was a minor child;
new text end

new text begin (v) grandchild, foster grandchild, or stepgrandchild;
new text end

new text begin (vi) grandparent or stepgrandparent;
new text end

new text begin (vii) a child of a sibling of the employee;
new text end

new text begin (viii) a sibling of the parents of the employee; or
new text end

new text begin (ix) a child-in-law or sibling-in-law;
new text end

new text begin (2) any of the family members listed in clause (1) of a spouse or registered domestic
partner;
new text end

new text begin (3) any other individual related by blood or whose close association with the employee
is the equivalent of a family relationship; and
new text end

new text begin (4) up to one individual annually designated by the employee.
new text end

new text begin Subd. 8. new text end

new text begin Health care professional. new text end

new text begin "Health care professional" means any person licensed,
certified, or otherwise authorized under federal or state law to provide medical or emergency
services, including doctors, physician assistants, nurses, advanced practice registered nurses,
mental health professionals, and emergency room personnel.
new text end

new text begin Subd. 9. new text end

new text begin Prevailing wage rate. new text end

new text begin "Prevailing wage rate" has the meaning given in section
177.42 and as calculated by the Department of Labor and Industry.
new text end

new text begin Subd. 10. new text end

new text begin Sexual assault. new text end

new text begin "Sexual assault" means an act that constitutes a violation
under sections 609.342 to 609.3453 or 609.352.
new text end

new text begin Subd. 11. new text end

new text begin Stalking. new text end

new text begin "Stalking" has the meaning given in section 609.749.
new text end

new text begin Subd. 12. new text end

new text begin Year. new text end

new text begin "Year" means a regular and consecutive 12-month period, as determined
by an employer and clearly communicated to each employee of that employer.
new text end

Sec. 4.

new text begin [181.9446] ACCRUAL OF EARNED SICK AND SAFE TIME.
new text end

new text begin (a) An employee accrues a minimum of one hour of earned sick and safe time for every
30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.
Employees may not accrue more than 48 hours of earned sick and safe time in a year unless
the employer agrees to a higher amount.
new text end

new text begin (b)(1) Except as provided in clause (2), employers must permit an employee to carry
over accrued but unused sick and safe time into the following year. The total amount of
accrued but unused earned sick and safe time for an employee must not exceed 80 hours at
any time, unless an employer agrees to a higher amount.
new text end

new text begin (2) In lieu of permitting the carryover of accrued but unused sick and safe time into the
following year as provided under clause (1), an employer may pay an employee for accrued
but unused sick and safe time at the end of a year at the same hourly rate as an employee
earns from employment, provided that the employer provides an employee with the maximum
annual accrual of earned sick and safe time for the year that meets or exceeds the
requirements of this section that is available for the employee's immediate use at the
beginning of the subsequent year. In no case shall this hourly rate be less than that provided
under section 177.24 or an applicable local minimum wage.
new text end

new text begin (c) Employees who are exempt from overtime requirements under United States Code,
title 29, section 213(a)(1), as amended through the effective date of this section, are deemed
to work 40 hours in each workweek for purposes of accruing earned sick and safe time,
except that an employee whose normal workweek is less than 40 hours will accrue earned
sick and safe time based on the normal workweek.
new text end

new text begin (d) Earned sick and safe time under this section begins to accrue at the commencement
of employment of the employee.
new text end

new text begin (e) Employees may use earned sick and safe time as it is accrued.
new text end

Sec. 5.

new text begin [181.9447] USE OF EARNED SICK AND SAFE TIME.
new text end

new text begin Subdivision 1. new text end

new text begin Eligible use. new text end

new text begin An employee may use accrued earned sick and safe time
for:
new text end

new text begin (1) an employee's:
new text end

new text begin (i) mental or physical illness, injury, or other health condition;
new text end

new text begin (ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury,
or health condition; or
new text end

new text begin (iii) need for preventive medical or health care;
new text end

new text begin (2) care of a family member:
new text end

new text begin (i) with a mental or physical illness, injury, or other health condition;
new text end

new text begin (ii) who needs medical diagnosis, care, or treatment of a mental or physical illness,
injury, or other health condition; or
new text end

new text begin (iii) who needs preventive medical or health care;
new text end

new text begin (3) absence due to domestic abuse, sexual assault, or stalking of the employee or
employee's family member, provided the absence is to:
new text end

new text begin (i) seek medical attention related to physical or psychological injury or disability caused
by domestic abuse, sexual assault, or stalking;
new text end

new text begin (ii) obtain services from a victim services organization;
new text end

new text begin (iii) obtain psychological or other counseling;
new text end

new text begin (iv) seek relocation or take steps to secure an existing home due to domestic abuse,
sexual assault, or stalking; or
new text end

new text begin (v) seek legal advice or take legal action, including preparing for or participating in any
civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault,
or stalking;
new text end

new text begin (4) closure of the employee's place of business due to weather or other public emergency
or an employee's need to care for a family member whose school or place of care has been
closed due to weather or other public emergency;
new text end

new text begin (5) the employee's inability to work or telework because the employee is: (i) prohibited
from working by the employer due to health concerns related to the potential transmission
of a communicable illness related to a public emergency; or (ii) seeking or awaiting the
results of a diagnostic test for, or a medical diagnosis of, a communicable disease related
to a public emergency and such employee has been exposed to a communicable disease or
the employee's employer has requested a test or diagnosis; and
new text end

new text begin (6) when it has been determined by the health authorities having jurisdiction or by a
health care professional that the presence of the employee or family member of the employee
in the community would jeopardize the health of others because of the exposure of the
employee or family member of the employee to a communicable disease, whether or not
the employee or family member has actually contracted the communicable disease.
new text end

new text begin For the purposes of this subdivision, a public emergency shall include a declared
emergency as defined in section 12.03 or a declared local emergency under section 12.29.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin An employer may require notice of the need for use of earned sick and
safe time as provided in this paragraph. If the need for use is foreseeable, an employer may
require advance notice of the intention to use earned sick and safe time but must not require
more than seven days' advance notice. If the need is unforeseeable, an employer may require
an employee to give notice of the need for earned sick and safe time as soon as practicable.
An employer that requires notice of the need to use earned sick and safe time in accordance
with this subdivision shall have a written policy containing reasonable procedures for
employees to provide notice of the need to use earned sick and safe time, and shall provide
a written copy of such policy to employees. If a copy of the written policy has not been
provided to an employee, an employer shall not deny the use of earned sick and safe time
to the employee on that basis.
new text end

new text begin Subd. 3. new text end

new text begin Documentation. new text end

new text begin (a) When an employee uses earned sick and safe time for
more than three consecutive days, an employer may require reasonable documentation that
the earned sick and safe time is covered by subdivision 1.
new text end

new text begin (b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6),
reasonable documentation may include a signed statement by a health care professional
indicating the need for use of earned sick and safe time. However, if the employee or
employee's family member did not receive services from a health care professional, or if
documentation cannot be obtained from a health care professional in a reasonable time or
without added expense, then reasonable documentation for the purposes of this paragraph
may include a written statement from the employee indicating that the employee is using
or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause
(1), (2), (5), or (6).
new text end

new text begin (c) For earned sick and safe time under subdivision 1, clause (3), an employer must
accept a court record or documentation signed by a volunteer or employee of a victims
services organization, an attorney, a police officer, or an antiviolence counselor as reasonable
documentation.
new text end

new text begin (d) For earned sick and safe time to care for a family member under subdivision 1, clause
(4), an employer must accept as reasonable documentation a written statement from the
employee indicating that the employee is using or used earned sick and safe time for a
qualifying purpose as reasonable documentation.
new text end

new text begin (e) An employer must not require disclosure of details relating to domestic abuse, sexual
assault, or stalking or the details of an employee's or an employee's family member's medical
condition as related to an employee's request to use earned sick and safe time under this
section.
new text end

new text begin (f) Written statements by an employee may be written in the employee's first language
and need not be notarized or in any particular format.
new text end

new text begin Subd. 4. new text end

new text begin Replacement worker. new text end

new text begin An employer may not require, as a condition of an
employee using earned sick and safe time, that the employee seek or find a replacement
worker to cover the hours the employee uses as earned sick and safe time.
new text end

new text begin Subd. 5. new text end

new text begin Increment of time used. new text end

new text begin Earned sick and safe time may be used in the smallest
increment of time tracked by the employer's payroll system, provided such increment is not
more than four hours.
new text end

new text begin Subd. 6. new text end

new text begin Retaliation prohibited. new text end

new text begin (a) An employer shall not discharge, discipline, penalize,
interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against a
person because the person has exercised or attempted to exercise rights protected under this
act, including but not limited to because the person requested earned sick and safe time,
used earned sick and safe time, requested a statement of accrued sick and safe time, informed
any person of his or her potential rights under sections 181.9445 to 181.9448, made a
complaint or filed an action to enforce a right to earned sick and safe time under this section,
or is or was participating in any manner in an investigation, proceeding, or hearing under
this chapter.
new text end

new text begin (b) It shall be unlawful for an employer's absence control policy or attendance point
system to count earned sick and safe time taken under this act as an absence that may lead
to or result in a retaliation or any other adverse action.
new text end

new text begin (c) It shall be unlawful for an employer or any other person to report or threaten to report
the actual or suspected citizenship or immigration status of a person or their family member
to a federal, state, or local agency for exercising or attempting to exercise any right protected
under this act.
new text end

new text begin (d) A person need not explicitly refer to this act or the rights enumerated herein to be
protected from retaliation.
new text end

new text begin Subd. 7. new text end

new text begin Pay and benefits. new text end

new text begin (a) During any use of earned sick and safe time, the employer
must maintain coverage under any group insurance policy, group subscriber contract, or
health care plan for the employee and any dependents, as if the employee was not using
earned sick and safe time, provided, however, that the employee must continue to pay any
employee share of the cost of such benefits.
new text end

new text begin (b) An employee returning from a leave under this section is entitled to return to
employment at the same rate of pay the employee had been receiving when the leave
commenced, plus any automatic adjustments in the employee's pay scale that occurred
during the leave period. The employee returning from a leave is entitled to retain all accrued
preleave benefits of employment and seniority as if there had been no interruption in service,
provided that nothing under this section prevents the accrual of benefits or seniority during
the leave pursuant to a collective bargaining or other agreement between the employer and
employees.
new text end

new text begin Subd. 8. new text end

new text begin Part-time return from leave. new text end

new text begin An employee, by agreement with the employer,
may return to work part time during the leave period without forfeiting the right to return
to employment at the end of the leave, as provided under this section.
new text end

new text begin Subd. 9. new text end

new text begin Notice and posting by employer. new text end

new text begin (a) Employers must give notice to all
employees that they are entitled to earned sick and safe time, including the amount of earned
sick and safe time, the accrual year for the employee, the terms of its use under this section,
and a copy of the written policy for providing notice as provided under subdivision 2; that
retaliation against employees who request or use earned sick and safe time are prohibited;
and that each employee has the right to file a complaint or bring a civil action if earned sick
and safe time is denied by the employer or the employee is retaliated against for requesting
or using earned sick and safe time.
new text end

new text begin (b) Employers must supply employees with a notice in English and the primary language
of the employee, as identified by the employee, that contains the information required in
paragraph (a) at commencement of employment or the effective date of this section,
whichever is later.
new text end

new text begin (c) The means used by the employer must be at least as effective as the following options
for providing notice:
new text end

new text begin (1) posting a copy of the notice at each location where employees perform work and
where the notice must be readily observed and easily reviewed by all employees performing
work;
new text end

new text begin (2) providing a paper or electronic copy of the notice to employees; or
new text end

new text begin (3) a conspicuous posting in a web-based or app-based platform through which an
employee performs work.
new text end

new text begin The notice must contain all information required under paragraph (a).
new text end

new text begin (d) An employer that provides an employee handbook to its employees must include in
the handbook notice of employee rights and remedies under this section.
new text end

new text begin Subd. 10. new text end

new text begin Required statement to employee. new text end

new text begin (a) Upon request of the employee, the
employer must provide, in writing or electronically, current information stating the
employee's amount of:
new text end

new text begin (1) earned sick and safe time available to the employee; and
new text end

new text begin (2) used earned sick and safe time.
new text end

new text begin (b) Employers may choose a reasonable system for providing the information in paragraph
(a), including but not limited to listing information on each pay stub or developing an online
system where employees can access their own information.
new text end

new text begin Subd. 11. new text end

new text begin Employer records. new text end

new text begin (a) Employers shall retain accurate records documenting
hours worked by employees and earned sick and safe time taken and comply with all
requirements under section 177.30.
new text end

new text begin (b) An employer must allow an employee to inspect records required by this section and
relating to that employee at a reasonable time and place.
new text end

new text begin Subd. 12. new text end

new text begin Confidentiality and nondisclosure. new text end

new text begin (a) If, in conjunction with this section,
an employer possesses:
new text end

new text begin (1) health or medical information regarding an employee or an employee's family
member;
new text end

new text begin (2) information pertaining to domestic abuse, sexual assault, or stalking;
new text end

new text begin (3) information that the employee has requested or obtained leave under this section; or
new text end

new text begin (4) any written or oral statement, documentation, record, or corroborating evidence
provided by the employee or an employee's family member, the employer must treat such
information as confidential.
new text end

new text begin Information given by an employee may only be disclosed by an employer if the disclosure
is requested or consented to by the employee, when ordered by a court or administrative
agency, or when otherwise required by federal or state law.
new text end

new text begin (b) Records and documents relating to medical certifications, recertifications, or medical
histories of employees or family members of employees created for purposes of section
177.50 or sections 181.9445 to 181.9448 must be maintained as confidential medical records
separate from the usual personnel files. At the request of the employee, the employer must
destroy or return the records required by sections 181.9445 to 181.9448 that are older than
three years prior to the current calendar year.
new text end

new text begin (c) Employers may not discriminate against any employee based on records created for
the purposes of section 177.50 or sections 181.9445 to 181.9448.
new text end

Sec. 6.

new text begin [181.9448] EFFECT ON OTHER LAW OR POLICY.
new text end

new text begin Subdivision 1. new text end

new text begin No effect on more generous sick and safe time policies. new text end

new text begin (a) Nothing
in sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting
or retaining earned sick and safe time policies that meet or exceed, and do not otherwise
conflict with, the minimum standards and requirements provided in sections 181.9445 to
181.9448.
new text end

new text begin (b) Nothing in sections 181.9445 to 181.9448 shall be construed to limit the right of
parties to a collective bargaining agreement to bargain and agree with respect to earned sick
and safe time policies or to diminish the obligation of an employer to comply with any
contract, collective bargaining agreement, or any employment benefit program or plan that
meets or exceeds, and does not otherwise conflict with, the minimum standards and
requirements provided in this section.
new text end

new text begin (c) Nothing in sections 181.9445 to 181.9448 shall be construed to preempt, limit, or
otherwise affect the applicability of any other law, regulation, requirement, policy, or
standard that provides for a greater amount, accrual, or use by employees of paid sick and
safe time or that extends other protections to employees.
new text end

new text begin (d) Employers who provide earned sick and safe time to their employees under a paid
time off policy or other paid leave policy that may be used for the same purposes and under
the same conditions as earned sick and safe time, and that meets or exceeds, and does not
otherwise conflict with, the minimum standards and requirements provided in sections
181.9445 to 181.9448 are not required to provide additional earned sick and safe time.
new text end

new text begin (e) An employer may opt to satisfy the requirements of sections 181.9445 to 181.9448
for construction industry employees by:
new text end

new text begin (1) paying at least the prevailing wage rate as defined by section 177.42 and as calculated
by the Department of Labor and Industry; or
new text end

new text begin (2) paying at least the required rate established in a registered apprenticeship agreement
for apprentices registered with the Department of Labor and Industry.
new text end

new text begin An employer electing this option is deemed to be in compliance with sections 181.9445 to
181.9448 for construction industry employees who receive either at least the prevailing
wage rate or the rate required in the applicable apprenticeship agreement regardless of
whether the employees are working on private or public projects.
new text end

new text begin (f) Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a policy
whereby employees may donate unused accrued sick and safe time to another employee.
new text end

new text begin (g) Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick and
safe time to an employee before accrual by the employee.
new text end

new text begin Subd. 2. new text end

new text begin Termination; separation; transfer. new text end

new text begin Sections 181.9445 to 181.9448 do not
require financial or other reimbursement to an employee from an employer upon the
employee's termination, resignation, retirement, or other separation from employment for
accrued earned sick and safe time that has not been used. If an employee is transferred to
a separate division, entity, or location, but remains employed by the same employer, the
employee is entitled to all earned sick and safe time accrued at the prior division, entity, or
location and is entitled to use all earned sick and safe time as provided in sections 181.9445
to 181.9448. When there is a separation from employment and the employee is rehired
within 180 days of separation by the same employer, previously accrued earned sick and
safe time that had not been used must be reinstated. An employee is entitled to use accrued
earned sick and safe time and accrue additional earned sick and safe time at the
commencement of reemployment.
new text end

new text begin Subd. 3. new text end

new text begin Employer succession. new text end

new text begin (a) When a different employer succeeds or takes the
place of an existing employer, all employees of the original employer who remain employed
by the successor employer are entitled to all earned sick and safe time accrued but not used
when employed by the original employer, and are entitled to use all earned sick and safe
time previously accrued but not used.
new text end

new text begin (b) If, at the time of transfer of the business, employees are terminated by the original
employer and hired within 30 days by the successor employer following the transfer, those
employees are entitled to all earned sick and safe time accrued but not used when employed
by the original employer, and are entitled to use all earned sick and safe time previously
accrued but not used.
new text end

Sec. 7. new text begin SEVERABILITY.
new text end

new text begin If any provision of this act or application thereof to any person or circumstance is judged
invalid, the invalidity shall not affect other provisions or applications of the act which can
be given effect without the invalid provision or application, and to this end the provisions
of this act are declared severable.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 181.9413, new text end new text begin is repealed.
new text end

Sec. 9. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective 180 days following final enactment.
new text end

ARTICLE 3

EARNED SICK AND SAFE TIME ENFORCEMENT

Section 1.

Minnesota Statutes 2022, section 177.27, subdivision 2, is amended to read:

Subd. 2.

Submission of records; penalty.

The commissioner may require the employer
of employees working in the state to submit to the commissioner photocopies, certified
copies, or, if necessary, the originals of employment records which the commissioner deems
necessary or appropriate. The records which may be required include full and correct
statements in writing, including sworn statements by the employer, containing information
relating to wages, hours, names, addresses, and any other information pertaining to the
employer's employees and the conditions of their employment as the commissioner deems
necessary or appropriate.

The commissioner may require the records to be submitted by certified mail delivery
or, if necessary, by personal delivery by the employer or a representative of the employer,
as authorized by the employer in writing.

The commissioner may fine the employer up to deleted text begin $1,000 deleted text end new text begin $10,000 new text end for each failure to submit
or deliver records as required by this section deleted text begin , and up to $5,000 for each repeated failure deleted text end .
This penalty is in addition to any penalties provided under section 177.32, subdivision 1.
In determining the amount of a civil penalty under this subdivision, the appropriateness of
such penalty to the size of the employer's business and the gravity of the violation shall be
considered.

Sec. 2.

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

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, deleted text begin and deleted text end 181.939 to 181.943, new text begin and 181.9445 to 181.9448, new text end or
with any rule promulgated under section 177.28. The commissioner shall issue an order
requiring an employer to comply with sections 177.41 to 177.435 if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any time during the two
years that preceded the date of violation, the commissioner issued an order to the employer
for violation of sections 177.41 to 177.435 and the order is final or the commissioner and
the employer have entered into a settlement agreement that required the employer to pay
back wages that were required by sections 177.41 to 177.435. The department shall serve
the order upon the employer or the employer's authorized representative in person or by
certified mail at the employer's place of business. An employer who wishes to contest the
order must file written notice of objection to the order with the commissioner within 15
calendar days after being served with the order. A contested case proceeding must then be
held in accordance with sections 14.57 to 14.69. If, within 15 calendar days after being
served with the order, the employer fails to file a written notice of objection with the
commissioner, the order becomes a final order of the commissioner.

Sec. 3.

Minnesota Statutes 2022, section 177.27, subdivision 7, is amended to read:

Subd. 7.

Employer liability.

If an employer is found by the commissioner to have
violated a section identified in subdivision 4, or any rule adopted under section 177.28, and
the commissioner issues an order to comply, the commissioner shall order the employer to
cease and desist from engaging in the violative practice and to take such affirmative steps
that in the judgment of the commissioner will effectuate the purposes of the section or rule
violated. The commissioner shall order the employer to pay to the aggrieved parties back
pay, gratuities, and compensatory damages, less any amount actually paid to the employee
by the employer, and for an additional equal amount as liquidated damages. Any employer
who is found by the commissioner to have repeatedly or willfully violated a section or
sections identified in subdivision 4 shall be subject to a civil penalty of up to deleted text begin $1,000 deleted text end new text begin $10,000
new text end for each violation for each employee. In determining the amount of a civil penalty under
this subdivision, the appropriateness of such penalty to the size of the employer's business
and the gravity of the violation shall be considered. In addition, the commissioner may order
the employer to reimburse the department and the attorney general for all appropriate
litigation and hearing costs expended in preparation for and in conducting the contested
case proceeding, unless payment of costs would impose extreme financial hardship on the
employer. If the employer is able to establish extreme financial hardship, then the
commissioner may order the employer to pay a percentage of the total costs that will not
cause extreme financial hardship. Costs include but are not limited to the costs of services
rendered by the attorney general, private attorneys if engaged by the department,
administrative law judges, court reporters, and expert witnesses as well as the cost of
transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's
order from the date the order is signed by the commissioner until it is paid, at an annual rate
provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish
escrow accounts for purposes of distributing damages.

Sec. 4.

new text begin [177.50] EARNED SICK AND SAFE TIME ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin The definitions in section 181.9445 apply to this section.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking authority. new text end

new text begin The commissioner may adopt rules to carry out the
purposes of this section and sections 181.9445 to 181.9448.
new text end

new text begin Subd. 3. new text end

new text begin Individual remedies. new text end

new text begin An action to recover damages under section 181.944 for
violation of sections 181.9445 to 181.9448 must be commenced within three years of the
violation that caused the injury to the employee.
new text end

new text begin Subd. 4. new text end

new text begin Grants to community organizations. new text end

new text begin The commissioner may make grants to
community organizations for the purpose of outreach to and education for employees
regarding their rights under sections 181.9445 to 181.9448. The community-based
organizations must be selected based on their experience, capacity, and relationships in
high-violation industries. The work under such a grant may include the creation and
administration of a statewide worker hotline.
new text end

new text begin Subd. 5. new text end

new text begin Report to legislature. new text end

new text begin (a) The commissioner must submit an annual report to
the legislature, including to the chairs and ranking minority members of any relevant
legislative committee. The report must include but is not limited to:
new text end

new text begin (1) a list of all violations of sections 181.9445 to 181.9448, including the employer
involved, and the nature of any violations; and
new text end

new text begin (2) an analysis of noncompliance with sections 181.9445 to 181.9448, including any
patterns by employer, industry, or county.
new text end

new text begin (b) A report under this section must not include an employee's name or other identifying
information, any health or medical information regarding an employee or an employee's
family member, or any information pertaining to domestic abuse, sexual assault, or stalking
of an employee or an employee's family member.
new text end

new text begin Subd. 6. new text end

new text begin Contract for labor or services. new text end

new text begin It is the responsibility of all employers to not
enter into any contract or agreement for labor or services where the employer has any actual
knowledge or knowledge arising from familiarity with the normal facts and circumstances
of the business activity engaged in, or has any additional facts or information that, taken
together, would make a reasonably prudent person undertake to inquire whether, taken
together, the contractor is not complying or has failed to comply with this section. For
purposes of this subdivision, "actual knowledge" means information obtained by the employer
that the contractor has violated this section within the past two years and has failed to present
the employer with credible evidence that such noncompliance has been cured going forward.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective 180 days after final enactment.
new text end

Sec. 5.

Minnesota Statutes 2022, section 181.944, is amended to read:

181.944 INDIVIDUAL REMEDIES.

In addition to any other remedies provided by law, a person injured by a violation of
sections 181.172, paragraph (a) or (d), deleted text begin and deleted text end 181.939 to 181.943 new text begin , and 181.9445 to 181.9448 new text end
may bring a civil action to recover any and all damages recoverable at law, together with
costs and disbursements, including reasonable attorney's fees, and may receive injunctive
and other equitable relief as determined by a court.

ARTICLE 4

AGRICULTURE AND FOOD PROCESSING WORKERS

Section 1.

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

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, new text begin 179.86, new text end 181.02, 181.03, 181.031,
181.032, 181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d),
181.275, subdivision 2a, new text begin 181.635, new text end 181.722, 181.79, new text begin 181.85 to 181.89, new text end and 181.939 to
181.943, or with any rule promulgated under section 177.28. The commissioner shall issue
an order requiring an employer to comply with sections 177.41 to 177.435 if the violation
is repeated. For purposes of this subdivision only, a violation is repeated if at any time
during the two years that preceded the date of violation, the commissioner issued an order
to the employer for violation of sections 177.41 to 177.435 and the order is final or the
commissioner and the employer have entered into a settlement agreement that required the
employer to pay back wages that were required by sections 177.41 to 177.435. The
department shall serve the order upon the employer or the employer's authorized
representative in person or by certified mail at the employer's place of business. An employer
who wishes to contest the order must file written notice of objection to the order with the
commissioner within 15 calendar days after being served with the order. A contested case
proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15
calendar days after being served with the order, the employer fails to file a written notice
of objection with the commissioner, the order becomes a final order of the commissioner.

Sec. 2.

Minnesota Statutes 2022, section 179.86, subdivision 1, is amended to read:

Subdivision 1.

Definition.

For the purpose of this section, "employer" means an employer
in the meatpacking new text begin or poultry processing new text end industry.

Sec. 3.

Minnesota Statutes 2022, section 179.86, subdivision 3, is amended to read:

Subd. 3.

Information provided to employee by employer.

(a) new text begin At the start of
employment, new text end an employer must provide an explanation in an employee's native language
of the employee's rights and duties as an employee deleted text begin either deleted text end new text begin both new text end person to person deleted text begin or deleted text end new text begin and new text end
through written materials that, at a minimum, include:

(1) a complete description of the salary and benefits plans as they relate to the employee;

(2) a job description for the employee's position;

(3) a description of leave policies;

(4) a description of the work hours and work hours policy; deleted text begin and
deleted text end

(5) a description of the occupational hazards known to exist for the position deleted text begin . deleted text end new text begin ; and
new text end

new text begin (6) when workers' compensation insurance coverage is required by chapter 176, the
name of the employer's workers' compensation insurance carrier, the carrier's phone number,
and the insurance policy number.
new text end

(b) The explanation must also include information on the following employee rights as
protected by state or federal law and a description of where additional information about
those rights may be obtained:

(1) the right to organize and bargain collectively and refrain from organizing and
bargaining collectively;

(2) the right to a safe workplace; deleted text begin and
deleted text end

(3) the right to be free from discrimination deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) the right to workers' compensation insurance coverage.
new text end

new text begin (c) The Department of Labor and Industry shall provide a standard explanation form for
use at the employer's option for providing the information required in subdivision 3. The
form shall be available in English and Spanish and additional languages upon request.
new text end

new text begin (d) The requirements under this subdivision are in addition to the requirements under
section 181.032.
new text end

Sec. 4.

Minnesota Statutes 2022, section 179.86, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Civil action. new text end

new text begin An employee injured by a violation of this section has a cause of
action for damages for the greater of $1,000 per violation or twice the employee's actual
damages, plus costs and reasonable attorney fees. A damage award shall be the greater of
$1,400 or three times actual damages for an employee injured by an intentional violation
of this section. Damages awarded under this subdivision shall be reduced by the amount of
any fine paid to the employee under subdivision 6.
new text end

Sec. 5.

Minnesota Statutes 2022, section 179.86, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Fine. new text end

new text begin The commissioner of labor and industry shall fine an employer not less
than $400 or more than $1,000 for each violation of subdivision 3. The fine shall be payable
to the employee aggrieved except the amount payable to the employee shall be reduced by
any damages awarded under subdivision 5.
new text end

Sec. 6.

Minnesota Statutes 2022, section 181.14, subdivision 1, is amended to read:

Subdivision 1.

Prompt payment required.

(a) When any such employee quits or resigns
employment, the wages or commissions earned and unpaid at the time the employee quits
or resigns shall be paid in full not later than the first regularly scheduled payday following
the employee's final day of employment, unless an employee is subject to a collective
bargaining agreement with a different provision. Wages are earned and unpaid if the
employee was not paid for all time worked at the employee's regular rate of pay or at the
rate required by law, including any applicable statute, regulation, rule, ordinance, government
resolution or policy, contract, or other legal authority, whichever rate of pay is greater. If
the first regularly scheduled payday is less than five calendar days following the employee's
final day of employment, full payment may be delayed until the second regularly scheduled
payday but shall not exceed a total of 20 calendar days following the employee's final day
of employment.

(b) Notwithstanding the provisions of paragraph (a), in the case of migrant workers, as
defined in section 181.85, the wages or commissions earned and unpaid at the time the
employee quits or resigns shall become due and payable within deleted text begin five deleted text end new text begin three new text end days thereafter.

Sec. 7.

Minnesota Statutes 2022, section 181.635, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

The definitions in this subdivision apply to this section.

(a) "Employer" means a person who employs another to perform a service for hire.
Employer includes any agent or attorney of an employer who, for money or other valuable
consideration paid or promised to be paid, performs any recruiting.

(b) "Person" means a corporation, partnership, limited liability company, limited liability
partnership, association, individual, or group of persons.

(c) "Recruits" means to induce an individual, directly or through an agent, to relocate
to Minnesota new text begin or within Minnesota new text end to work in food processing by an offer of employment new text begin
or of the possibility of employment new text end .

(d) "Food processing" means canning, packing, or otherwise processing poultry or meat
for consumption.

(e) "Terms and conditions of employment" means the following:

(1) nature of the work to be performed;

(2) wage rate, nature and amount of deductions for tools, clothing, supplies, or other
items;

(3) anticipated hours of work per week, including overtime;

(4) anticipated slowdown or shutdown or if hours of work per week vary more than 25
percent from clause (3);

(5) duration of the work;

(6) workers' compensation coverage and name, address, and telephone number of insurer
and Department of Labor and Industry;

(7) employee benefits available, including any health plans, sick leave, or paid vacation;

(8) transportation and relocation arrangements with allocation of costs between employer
and employee;

(9) availability and description of housing and any costs to employee associated with
housing; and

(10) any other item of value offered, and allocation of costs of item between employer
and employee.

Sec. 8.

Minnesota Statutes 2022, section 181.635, subdivision 2, is amended to read:

Subd. 2.

Recruiting; required disclosure.

new text begin (a) new text end An employer shall provide written
disclosure of the terms and conditions of employment to a person at the time it recruits the
person to relocate to work in the food processing industry. The disclosure requirement does
not apply to an exempt employee as defined in United States Code, title 29, section 213(a)(1).
The disclosure must be written in English and Spanish, new text begin or English and another language if
the person's preferred language is not English or Spanish, new text end dated and signed by the employer
and the person recruited, and maintained by the employer for deleted text begin two deleted text end new text begin three new text end years. A copy of
the signed and completed disclosure must be delivered immediately to the recruited person.
The disclosure may not be construed as an employment contract.

new text begin (b) The requirements under this subdivision are in addition to the requirements under
section 181.032.
new text end

Sec. 9.

Minnesota Statutes 2022, section 181.635, subdivision 3, is amended to read:

Subd. 3.

Civil action.

A person injured by a violation of this section has a cause of action
for damages for the greater of deleted text begin $500 deleted text end new text begin $1,000 new text end per violation or twice their actual damages, plus
costs and reasonable attorney's fees. A damage award shall be the greater of deleted text begin $750 deleted text end new text begin $1,400 new text end
or three times actual damages for a person injured by an intentional violation of this section.
new text begin Damages awarded under this subdivision shall be reduced by the amount of any fine paid
to the employee under subdivision 4.
new text end

Sec. 10.

Minnesota Statutes 2022, section 181.635, subdivision 4, is amended to read:

Subd. 4.

Fine.

The Department of Labor and Industry shall fine an employer not less
than deleted text begin $200 deleted text end new text begin $400 new text end or more than deleted text begin $500 deleted text end new text begin $1,000 new text end for each violation of this section. new text begin The fine shall
be payable to the employee aggrieved except the amount payable to the employee shall be
reduced by any damages awarded under subdivision 3.
new text end

Sec. 11.

Minnesota Statutes 2022, section 181.635, subdivision 6, is amended to read:

Subd. 6.

Standard disclosure form.

The Department of Labor and Industry shall provide
a standard form for use at the employer's option in making the disclosure required in
subdivision 2. The form shall be available in English and Spanish new text begin and additional languages
upon request new text end .

Sec. 12.

Minnesota Statutes 2022, section 181.85, subdivision 2, is amended to read:

Subd. 2.

Agricultural labor.

"Agricultural labor" means field labor associated with the
cultivation and harvest of fruits and vegetables and work performed in processing fruits and
vegetables for market new text begin , as well as labor performed in agriculture as defined in Minnesota
Rules, part 5200.0260 new text end .

Sec. 13.

Minnesota Statutes 2022, section 181.85, subdivision 4, is amended to read:

Subd. 4.

Employer.

"Employer" means deleted text begin a processor of fruits or vegetables deleted text end new text begin an individual,
partnership, association, corporation, business trust, or any person or group of persons new text end that
employs, either directly or indirectly through a recruiter, deleted text begin more than 30 deleted text end new text begin one or more new text end migrant
workers deleted text begin per deleted text end deleted text begin day for more than seven days deleted text end in any calendar year.

Sec. 14.

Minnesota Statutes 2022, section 181.86, subdivision 1, is amended to read:

Subdivision 1.

Terms.

new text begin (a) new text end An employer that recruits a migrant worker shall provide the
migrant worker, at the time the worker is recruited, with a written employment statement
which shall state clearly and plainly, in English and Spanish new text begin , or English and another language
if the worker's preferred language is not English or Spanish new text end :

(1) the date on which and the place at which the statement was completed and provided
to the migrant worker;

(2) the name and permanent address of the migrant worker, of the employer, and of the
recruiter who recruited the migrant worker;

(3) the date on which the migrant worker is to arrive at the place of employment, the
date on which employment is to begin, the approximate hours of employment, and the
minimum period of employment;

(4) the crops and the operations on which the migrant worker will be employed;

(5) the wage rates to be paid;

(6) the payment terms, as provided in section 181.87;

(7) any deduction to be made from wages; deleted text begin and
deleted text end

(8) whether housing will be provided deleted text begin . deleted text end new text begin ; and
new text end

new text begin (9) when workers' compensation insurance coverage is required by chapter 176, the
name of the employer's workers' compensation insurance carrier, the carrier's phone number,
and the insurance policy number.
new text end

new text begin (b) The Department of Labor and Industry shall provide a standard employment statement
form for use at the employer's option for providing the information required in subdivision
1. The form shall be available in English and Spanish and additional languages upon request.
new text end

new text begin (c) The requirements under this subdivision are in addition to the requirements under
section 181.032.
new text end

Sec. 15.

Minnesota Statutes 2022, section 181.87, subdivision 2, is amended to read:

Subd. 2.

Biweekly pay.

The employer shall pay wages due to the migrant worker at
least every two weeks, except on termination, when the employer shall pay within three
days new text begin unless payment is required sooner pursuant to section 181.13 new text end .

Sec. 16.

Minnesota Statutes 2022, section 181.87, subdivision 3, is amended to read:

Subd. 3.

Guaranteed hours.

The employer shall guarantee to each recruited migrant
worker a minimum of 70 hours pay for work in any two successive weeks and, should the
pay for hours actually offered by the employer and worked by the migrant worker provide
a sum of pay less than the minimum guarantee, the employer shall pay the migrant worker
the difference within three days after the scheduled payday for the pay period involved.
Payment for the guaranteed hours shall be at the hourly wage rate, if any, specified in the
employment statement, or the federal new text begin , state, or local new text end minimum wage, whichever is deleted text begin higher deleted text end new text begin
highest new text end . Any pay in addition to the hourly wage rate specified in the employment statement
shall be applied against the guarantee. This guarantee applies for the minimum period of
employment specified in the employment statement beginning with the date on which
employment is to begin as specified in the employment statement. The date on which
employment is to begin may be changed by the employer by written, telephonic, or
telegraphic notice to the migrant worker, at the worker's last known new text begin physical new text end address new text begin or
email address new text end , no later than ten days prior to the previously stated beginning date. The
migrant worker shall contact the recruiter to obtain the latest information regarding the date
upon which employment is to begin no later than five days prior to the previously stated
beginning date. This guarantee shall be reduced, when there is no work available for a period
of seven or more consecutive days during any two-week period subsequent to the
commencement of work, by five hours pay for each such day, when the unavailability of
work is caused by climatic conditions or an act of God, provided that the employer pays
the migrant worker, on the normal payday, the sum of deleted text begin $5 deleted text end new text begin $50 new text end for each such day.

Sec. 17.

Minnesota Statutes 2022, section 181.87, subdivision 7, is amended to read:

Subd. 7.

Statement itemizing deductions from wages.

The employer shall provide a
written statement at the time wages are paid clearly itemizing each deduction from wages. new text begin
The written statement shall also comply with all other requirements for an earnings statement
in section 181.032.
new text end

Sec. 18.

Minnesota Statutes 2022, section 181.88, is amended to read:

181.88 RECORD KEEPING.

Every employer subject to the provisions of sections 181.85 to 181.90 shall maintain
complete and accurate records deleted text begin of the names of, the daily hours worked by, the rate of pay
for and the wages paid each pay period to deleted text end new text begin for new text end every individual migrant worker recruited by
that employer deleted text begin , deleted text end new text begin as required by section 177.30 new text end and shall deleted text begin preserve the records deleted text end new text begin also maintain
the employment statements required under section 181.86 new text end for a period of at least three years.

Sec. 19.

Minnesota Statutes 2022, section 181.89, subdivision 2, is amended to read:

Subd. 2.

Judgment; damages.

If the court finds that any defendant has violated the
provisions of sections 181.86 to 181.88, the court shall enter judgment for the actual damages
incurred by the plaintiff or the appropriate penalty as provided by this subdivision, whichever
is greater. The court may also award court costs and a reasonable attorney's fee. The penalties
shall be as follows:

(1) whenever the court finds that an employer has violated the record-keeping
requirements of section 181.88, deleted text begin $50 deleted text end new text begin $200 new text end ;

(2) whenever the court finds that an employer has recruited a migrant worker without
providing a written employment statement as provided in section 181.86, subdivision 1,
deleted text begin $250 deleted text end new text begin $800 new text end ;

(3) whenever the court finds that an employer has recruited a migrant worker after having
provided a written employment statement, but finds that the employment statement fails to
comply with the requirement of section 181.86, subdivision 1 or section 181.87, deleted text begin $250 deleted text end new text begin $800 new text end ;

(4) whenever the court finds that an employer has failed to comply with the terms of an
employment statement which the employer has provided to a migrant worker or has failed
to comply with any payment term required by section 181.87, deleted text begin $500 deleted text end new text begin $1,600 new text end ;

(5) whenever the court finds that an employer has failed to pay wages to a migrant worker
within a time period set forth in section 181.87, subdivision 2 or 3, deleted text begin $500 deleted text end new text begin $1,600 new text end ; and

(6) whenever penalties are awarded, they shall be awarded severally in favor of each
migrant worker plaintiff and against each defendant found liable.

Sec. 20.

Minnesota Statutes 2022, section 181.89, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

new text begin In addition to any other remedies available, the commissioner
may assess the penalties in subdivision 2 and provide the penalty to the migrant worker
aggrieved by the employer's noncompliance.
new text end

ARTICLE 5

NURSING HOME WORKFORCE STANDARDS

Section 1. new text begin TITLE.
new text end

new text begin Sections 181.211 to 181.217 shall be known as the "Minnesota Nursing Home Workforce
Standards Board Act."
new text end

Sec. 2.

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

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), new text begin 181.214
to 181.217, new text end 181.275, subdivision 2a, 181.722, 181.79, and 181.939 to 181.943, or with any
rule promulgated under section 177.28 new text begin , 181.213, or 181.215 new text end . The commissioner shall issue
an order requiring an employer to comply with sections 177.41 to 177.435 if the violation
is repeated. For purposes of this subdivision only, a violation is repeated if at any time
during the two years that preceded the date of violation, the commissioner issued an order
to the employer for violation of sections 177.41 to 177.435 and the order is final or the
commissioner and the employer have entered into a settlement agreement that required the
employer to pay back wages that were required by sections 177.41 to 177.435. The
department shall serve the order upon the employer or the employer's authorized
representative in person or by certified mail at the employer's place of business. An employer
who wishes to contest the order must file written notice of objection to the order with the
commissioner within 15 calendar days after being served with the order. A contested case
proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15
calendar days after being served with the order, the employer fails to file a written notice
of objection with the commissioner, the order becomes a final order of the commissioner.

Sec. 3.

Minnesota Statutes 2022, section 177.27, subdivision 7, is amended to read:

Subd. 7.

Employer liability.

If an employer is found by the commissioner to have
violated a section identified in subdivision 4, or any rule adopted under section 177.28 new text begin ,
181.213, or 181.215 new text end , and the commissioner issues an order to comply, the commissioner
shall order the employer to cease and desist from engaging in the violative practice and to
take such affirmative steps that in the judgment of the commissioner will effectuate the
purposes of the section or rule violated. The commissioner shall order the employer to pay
to the aggrieved parties back pay, gratuities, and compensatory damages, less any amount
actually paid to the employee by the employer, and for an additional equal amount as
liquidated damages. Any employer who is found by the commissioner to have repeatedly
or willfully violated a section or sections identified in subdivision 4 shall be subject to a
civil penalty of up to $1,000 for each violation for each employee. In determining the amount
of a civil penalty under this subdivision, the appropriateness of such penalty to the size of
the employer's business and the gravity of the violation shall be considered. In addition, the
commissioner may order the employer to reimburse the department and the attorney general
for all appropriate litigation and hearing costs expended in preparation for and in conducting
the contested case proceeding, unless payment of costs would impose extreme financial
hardship on the employer. If the employer is able to establish extreme financial hardship,
then the commissioner may order the employer to pay a percentage of the total costs that
will not cause extreme financial hardship. Costs include but are not limited to the costs of
services rendered by the attorney general, private attorneys if engaged by the department,
administrative law judges, court reporters, and expert witnesses as well as the cost of
transcripts. Interest shall accrue on, and be added to, the unpaid balance of a commissioner's
order from the date the order is signed by the commissioner until it is paid, at an annual rate
provided in section 549.09, subdivision 1, paragraph (c). The commissioner may establish
escrow accounts for purposes of distributing damages.

Sec. 4.

new text begin [181.211] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin The terms defined in this section apply to sections 181.211
to 181.217.
new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Minnesota Nursing Home Workforce Standards
Board established under section 181.212.
new text end

new text begin Subd. 3. new text end

new text begin Certified worker organization. new text end

new text begin "Certified worker organization" means a
worker organization that is certified by the board to conduct nursing home worker trainings
under section 181.214.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of labor and industry.
new text end

new text begin Subd. 5. new text end

new text begin Employer organization. new text end

new text begin "Employer organization" means:
new text end

new text begin (1) an organization that is exempt from federal income taxation under section 501(c)(6)
of the Internal Revenue Code and that represents nursing home employers; or
new text end

new text begin (2) an entity of employers, who together employ a majority of nursing home workers in
Minnesota, have selected as a representative.
new text end

new text begin Subd. 6. new text end

new text begin Nursing home. new text end

new text begin "Nursing home" means a nursing home licensed under chapter
144A, or a boarding care home licensed under sections 144.50 to 144.56.
new text end

new text begin Subd. 7. new text end

new text begin Nursing home employer. new text end

new text begin "Nursing home employer" means an employer of
nursing home workers in a licensed, Medicaid-certified facility that is reimbursed under
chapter 256R.
new text end

new text begin Subd. 8. new text end

new text begin Nursing home worker. new text end

new text begin "Nursing home worker" means any worker who provides
services in a nursing home in Minnesota, including direct care staff, nondirect care staff,
and contractors, but excluding administrative staff, medical directors, nursing directors,
physicians, and individuals employed by a supplemental nursing services agency.
new text end

new text begin Subd. 9. new text end

new text begin Worker organization. new text end

new text begin "Worker organization" means an organization that is
exempt from federal income taxation under section 501(c)(3), 501(c)(4), or 501(c)(5) of
the Internal Revenue Code, that is not dominated or controlled by any nursing home employer
within the meaning of United States Code, title 29, section 158a(2), and that has at least
five years of demonstrated experience engaging with and advocating for nursing home
workers.
new text end

Sec. 5.

new text begin [181.212] MINNESOTA NURSING HOME WORKFORCE STANDARDS
BOARD; ESTABLISHMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Board established; membership. new text end

new text begin The Minnesota Nursing Home
Workforce Standards Board is created with the powers and duties established by law. The
board is composed of the following members:
new text end

new text begin (1) the commissioner of human services or a designee;
new text end

new text begin (2) the commissioner of health or a designee;
new text end

new text begin (3) the commissioner of labor and industry or a designee;
new text end

new text begin (4) three members who represent nursing home employers or employer organizations,
appointed by the governor; and
new text end

new text begin (5) three members who represent nursing home workers or worker organizations,
appointed by the governor.
new text end

new text begin Subd. 2. new text end

new text begin Terms; vacancies. new text end

new text begin (a) Board members appointed under subdivision 1, clause
(4) or (5), shall serve four-year terms following the initial staggered-lot determination. The
initial terms of members appointed under subdivision 1, clauses (4) and (5), shall be
determined by lot by the secretary of state and shall be as follows:
new text end

new text begin (1) one member appointed under each of subdivision 1, clauses (4) and (5), shall serve
a two-year term;
new text end

new text begin (2) one member appointed under each of subdivision 1, clauses (4) and (5), shall serve
a three-year term; and
new text end

new text begin (3) one member appointed under each of subdivision 1, clauses (4) and (5), shall serve
a four-year term.
new text end

new text begin (b) For members appointed under subdivision 1, clause (4) or (5), the governor shall fill
vacancies occurring prior to the expiration of a member's term by appointment for the
unexpired term. A member appointed under subdivision 1, clause (4) or (5), must not be
appointed to more than two consecutive four-year terms.
new text end

new text begin Subd. 3. new text end

new text begin Chairperson. new text end

new text begin The board shall elect a member by majority vote to serve as its
chairperson and shall determine the term to be served by the chairperson.
new text end

new text begin Subd. 4. new text end

new text begin Staffing. new text end

new text begin The board may employ an executive director and other personnel to
carry out duties of the board under sections 181.211 to 181.217.
new text end

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin Compensation of board members is governed by section
15.0575.
new text end

new text begin Subd. 6. new text end

new text begin Application of other laws. new text end

new text begin Meetings of the board are subject to chapter 13D.
The board is subject to chapter 13.
new text end

new text begin Subd. 7. new text end

new text begin Voting. new text end

new text begin The affirmative vote of five board members is required for the board
to take any action, including action to establish minimum nursing home employment
standards under section 181.213.
new text end

new text begin Subd. 8. new text end

new text begin Hearings and investigations. new text end

new text begin To carry out its duties, the board shall hold public
hearings on, and conduct investigations into, working conditions in the nursing home
industry.
new text end

new text begin Subd. 9. new text end

new text begin Antitrust compliance. new text end

new text begin The board shall establish operating procedures that
meet all state and federal antitrust requirements and may prohibit board member access to
data to meet the requirements of this subdivision.
new text end

Sec. 6.

new text begin [181.213] DUTIES OF THE BOARD; MINIMUM NURSING HOME
EMPLOYMENT STANDARDS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority to establish minimum nursing home employment
standards. new text end

new text begin (a) The board must adopt rules establishing minimum nursing home employment
standards that are reasonably necessary and appropriate to protect the health and welfare
of nursing home workers, to ensure that nursing home workers are properly trained about
and fully informed of their rights under sections 181.211 to 181.217, and to otherwise satisfy
the purposes of sections 181.211 to 181.217. Standards established by the board must
include, as appropriate, standards on compensation and other working conditions for nursing
home workers. The board may not adopt standards that are less protective of or beneficial
to nursing home workers as any other applicable statute or rule or any standard previously
established by the board unless there is a determination by the board under subdivision 2
that existing standards exceed the operating payment rate and external fixed costs payment
rates included in the most recent budget and economic forecast completed under section
16A.103. In establishing standards under this section, the board must establish statewide
standards and standards that apply to specific nursing home occupations.
new text end

new text begin (b) The board must adopt rules establishing initial standards for wages for nursing home
workers no later than August 1, 2024. The board may use the authority in section 14.389
to adopt rules under this paragraph. The board must not adopt standards that are less
protective of or beneficial to nursing home workers as any other applicable statute or rule
or any standard previously established by the board unless there is a determination by the
board under subdivision 2 that existing standards exceed the operating payment rate and
external fixed costs payment rates included in the most recent budget and economic forecast
completed under section 16A.103.
new text end

new text begin (c) To the extent that any minimum standards that the board finds are reasonably
necessary and appropriate to protect the health and welfare of nursing home workers fall
within the jurisdiction of chapter 182, the board shall not adopt rules establishing the
standards but shall instead recommend the standards to the commissioner of labor and
industry. The commissioner of labor and industry shall adopt nursing home health and safety
standards under section 182.655 as recommended by the board, unless the commissioner
determines that the recommended standard is outside the statutory authority of the
commissioner or is otherwise unlawful and issues a written explanation of this determination.
new text end

new text begin Subd. 2. new text end

new text begin Investigation of market conditions. new text end

new text begin (a) The board must investigate market
conditions and the existing wages, benefits, and working conditions of nursing home workers
for specific geographic areas of the state and specific nursing home occupations. Based on
this information, the board must seek to adopt minimum nursing home employment standards
that meet or exceed existing industry conditions for a majority of nursing home workers in
the relevant geographic area and nursing home occupation. Except for standards exceeding
the threshold determined in paragraph (d), initial employment standards established by the
board are effective January 1, 2025, and remain in effect until any subsequent standards are
adopted by rules.
new text end

new text begin (b) The board must consider the following types of information in making wage rate
determinations that are reasonably necessary to protect the health and welfare of nursing
home workers:
new text end

new text begin (1) wage rate and benefit data collected by or submitted to the board for nursing home
workers in the relevant geographic area and nursing home occupations;
new text end

new text begin (2) statements showing wage rates and benefits paid to nursing home workers in the
relevant geographic area and nursing home occupations;
new text end

new text begin (3) signed collective bargaining agreements applicable to nursing home workers in the
relevant geographic area and nursing home occupations;
new text end

new text begin (4) testimony and information from current and former nursing home workers, worker
organizations, nursing home employers, and employer organizations;
new text end

new text begin (5) local minimum nursing home employment standards;
new text end

new text begin (6) information submitted by or obtained from state and local government entities; and
new text end

new text begin (7) any other information pertinent to establishing minimum nursing home employment
standards.
new text end

new text begin (c) In considering wage and benefit increases, the board must determine the impact of
nursing home operating payment rates determined pursuant to section 256R.21, subdivision
3, and the employee benefits portion of the external fixed costs payment rate determined
pursuant to section 256R.25. If the board, in consultation with the commissioner of human
services, determines the operating payment rate and employee benefits portion of the external
fixed costs payment rate will increase to comply with new employment standards, the board
shall report to the legislature the increase in funding needed to increase payment rates to
comply with the new employment standards and must make implementation of any new
nursing home employment standards contingent upon an appropriation, as determined by
sections 256R.21 and 256R.25, to fund the rate increase necessary to comply with the new
employment standards.
new text end

new text begin (d) In evaluating the impact of the employment standards on payment rates determined
by sections 256R.21 and 256R.25, the board, in consultation with the commissioner of
human services, must consider the following:
new text end

new text begin (1) the statewide average wage rates for employees pursuant to section 256R.10,
subdivision 5, and benefit rates pursuant to section 256R.02, subdivisions 18 and 22, as
determined by the annual Medicaid cost report used to determine the operating payment
rate and the employee benefits portion of the external fixed costs payment rate for the first
day of the calendar year immediately following the date the board has established minimum
wage and benefit levels;
new text end

new text begin (2) the comparison of the results of clause (1) to the operating payment rate and employee
benefits portion of the external fixed costs payment rate increase for the first day of the
second calendar year after the adoption of any nursing home employment standards included
in the most recent budget and economic forecast completed under section 16A.103; and
new text end

new text begin (3) whether the established nursing home employment standards result in an increase
in costs that exceed the operating payment rate and external fixed costs payment rate increase
included in the most recent budget and economic forecast completed under section 16A.103,
effective on the proposed implementation date of the new nursing home employment
standards. If this increase in costs exists, the board must determine which rates will need
to be increased to meet the new employment standards and the standards must not be effective
until an appropriation sufficient to cover the rate increase and federal approval of the rate
increase is obtained.
new text end

new text begin (e) The budget and economic forecasts completed under section 16A.103 shall not
assume an increase in payment rates determined under chapter 256R resulting from the new
employment standards until the board certifies the rates will need to be increased and the
legislature appropriates funding for the increase in payment rates.
new text end

new text begin Subd. 3. new text end

new text begin Review of standards. new text end

new text begin At least once every two years, the board shall:
new text end

new text begin (1) conduct a full review of the adequacy of the minimum nursing home employment
standards previously established by the board; and
new text end

new text begin (2) following that review, adopt new rules, amend or repeal existing rules, or make
recommendations to adopt new rules or amend or repeal existing rules for minimum nursing
home employment standards, as appropriate to meet the purposes of sections 181.211 to
181.217.
new text end

new text begin Subd. 4. new text end

new text begin Conflict. new text end

new text begin (a) In the event of a conflict between a standard established by the
board in rule and a rule adopted by another state agency, the rule adopted by the board shall
apply to nursing home workers and nursing home employers.
new text end

new text begin (b) Notwithstanding paragraph (a), in the event of a conflict between a standard
established by the board in rule and a rule adopted by another state agency, the rule adopted
by the other state agency shall apply to nursing home workers and nursing home employers
if the rule adopted by the other state agency is adopted after the board's standard and the
rule adopted by the other state agency is more protective or beneficial than the board's
standard.
new text end

new text begin (c) Notwithstanding paragraph (a), if the commissioner of health determines that a
standard established by the board in rule or recommended by the board conflicts with
requirements in federal regulations for nursing home certification or with state statutes or
rules governing licensure of nursing homes, the federal regulations or state nursing home
licensure statutes or rules shall take precedence, and the conflicting board standard or rule
shall not apply to nursing home workers or nursing home employers.
new text end

new text begin Subd. 5. new text end

new text begin Effect on other agreements. new text end

new text begin Nothing in sections 181.211 to 181.217 shall be
construed to:
new text end

new text begin (1) limit the rights of parties to a collective bargaining agreement to bargain and agree
with respect to nursing home employment standards; or
new text end

new text begin (2) diminish the obligation of a nursing home employer to comply with any contract,
collective bargaining agreement, or employment benefit program or plan that meets or
exceeds, and does not conflict with, the minimum standards and requirements in sections
181.211 to 181.217 or established by the board.
new text end

Sec. 7.

new text begin [181.214] DUTIES OF THE BOARD; TRAINING FOR NURSING HOME
WORKERS.
new text end

new text begin Subdivision 1. new text end

new text begin Certification of worker organizations. new text end

new text begin The board shall certify worker
organizations that it finds are qualified to provide training to nursing home workers according
to this section. The board shall by rule establish certification criteria that a worker
organization must meet in order to be certified. In adopting rules to establish initial
certification criteria under this subdivision, the board may use the authority in section 14.389.
The criteria must ensure that a worker organization, if certified, is able to provide:
new text end

new text begin (1) effective, interactive training on the information required by this section; and
new text end

new text begin (2) follow-up written materials and responses to inquiries from nursing home workers
in the languages in which nursing home workers are proficient.
new text end

new text begin Subd. 2. new text end

new text begin Curriculum. new text end

new text begin (a) The board shall establish requirements for the curriculum for
the nursing home worker training required by this section. A curriculum must at least provide
the following information to nursing home workers:
new text end

new text begin (1) the applicable compensation and working conditions in the minimum standards or
local minimum standards established by the board;
new text end

new text begin (2) the antiretaliation protections established in section 181.216;
new text end

new text begin (3) information on how to enforce sections 181.211 to 181.217 and on how to report
violations of sections 181.211 to 181.217 or of standards established by the board, including
contact information for the Department of Labor and Industry, the board, and any local
enforcement agencies, and information on the remedies available for violations;
new text end

new text begin (4) the purposes and functions of the board and information on upcoming hearings,
investigations, or other opportunities for nursing home workers to become involved in board
proceedings;
new text end

new text begin (5) other rights, duties, and obligations under sections 181.211 to 181.217;
new text end

new text begin (6) any updates or changes to the information provided according to clauses (1) to (5)
since the most recent training session;
new text end

new text begin (7) any other information the board deems appropriate to facilitate compliance with
sections 181.211 to 181.217; and
new text end

new text begin (8) information on labor standards in other applicable local, state, and federal laws, rules,
and ordinances regarding nursing home working conditions or nursing home worker health
and safety.
new text end

new text begin (b) Before establishing initial curriculum requirements, the board must hold at least one
public hearing to solicit input on the requirements.
new text end

new text begin Subd. 3. new text end

new text begin Topics covered in training session. new text end

new text begin A certified worker organization is not
required to cover all of the topics listed in subdivision 2 in a single training session. A
curriculum used by a certified worker organization may provide instruction on each topic
listed in subdivision 2 over the course of up to three training sessions.
new text end

new text begin Subd. 4. new text end

new text begin Annual review of curriculum requirements. new text end

new text begin The board must review the
adequacy of its curriculum requirements at least annually and must revise the requirements
as appropriate to meet the purposes of sections 181.211 to 181.217. As part of each annual
review of the curriculum requirements, the board must hold at least one public hearing to
solicit input on the requirements.
new text end

new text begin Subd. 5. new text end

new text begin Duties of certified worker organizations. new text end

new text begin A certified worker organization:
new text end

new text begin (1) must use a curriculum for its training sessions that meets requirements established
by the board;
new text end

new text begin (2) must provide trainings that are interactive and conducted in the languages in which
the attending nursing home workers are proficient;
new text end

new text begin (3) must, at the end of each training session, provide attending nursing home workers
with follow-up written or electronic materials on the topics covered in the training session,
in order to fully inform nursing home workers of their rights and opportunities under sections
181.211 to 181.217;
new text end

new text begin (4) must make itself reasonably available to respond to inquiries from nursing home
workers during and after training sessions; and
new text end

new text begin (5) may conduct surveys of nursing home workers who attend a training session to assess
the effectiveness of the training session and industry compliance with sections 181.211 to
181.217 and other applicable laws, rules, and ordinances governing nursing home working
conditions or worker health and safety.
new text end

new text begin Subd. 6. new text end

new text begin Nursing home employer duties regarding training. new text end

new text begin (a) A nursing home
employer must ensure, and must provide proof to the commissioner of labor and industry,
that every two years each of its nursing home workers completes one hour of training that
meets the requirements of this section and is provided by a certified worker organization.
A nursing home employer may, but is not required to, host training sessions on the premises
of the nursing home.
new text end

new text begin (b) If requested by a certified worker organization, a nursing home employer must, after
a training session provided by the certified worker organization, provide the certified worker
organization with the names and contact information of the nursing home workers who
attended the training session, unless a nursing home worker opts out according to paragraph
(c).
new text end

new text begin (c) A nursing home worker may opt out of having the worker's nursing home employer
provide the worker's name and contact information to a certified worker organization that
provided a training session attended by the worker by submitting a written statement to that
effect to the nursing home employer.
new text end

new text begin Subd. 7. new text end

new text begin Compensation. new text end

new text begin A nursing home employer must compensate its nursing home
workers at their regular hourly rate of wages and benefits for each hour of training completed
as required by this section.
new text end

Sec. 8.

new text begin [181.215] REQUIRED NOTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Provision of notice. new text end

new text begin (a) Nursing home employers must provide notices
informing nursing home workers of the rights and obligations provided under sections
181.211 to 181.217 of applicable minimum nursing home employment standards or local
minimum standards and that for assistance and information, nursing home workers should
contact the Department of Labor and Industry. A nursing home employer must provide
notice using the same means that the nursing home employer uses to provide other
work-related notices to nursing home workers. Provision of notice must be at least as
conspicuous as:
new text end

new text begin (1) posting a copy of the notice at each work site where nursing home workers work
and where the notice may be readily seen and reviewed by all nursing home workers working
at the site; or
new text end

new text begin (2) providing a paper or electronic copy of the notice to all nursing home workers and
applicants for employment as a nursing home worker.
new text end

new text begin (b) The notice required by this subdivision must include text provided by the board that
informs nursing home workers that they may request the notice to be provided in a particular
language. The nursing home employer must provide the notice in the language requested
by the nursing home worker. The board must assist nursing home employers in translating
the notice in the languages requested by their nursing home workers.
new text end

new text begin Subd. 2. new text end

new text begin Minimum content and posting requirements. new text end

new text begin The board must adopt rules
specifying the minimum content and posting requirements for the notices required in
subdivision 1. The board must make available to nursing home employers a template or
sample notice that satisfies the requirements of this section and rules adopted under this
section.
new text end

Sec. 9.

new text begin [181.216] RETALIATION PROHIBITED.
new text end

new text begin A nursing home employer shall not discharge, discipline, penalize, interfere with, threaten,
restrain, coerce, or otherwise retaliate or discriminate against a nursing home worker for:
new text end

new text begin (1) exercising any right afforded to the nursing home worker under sections 181.211 to
181.217;
new text end

new text begin (2) participating in any process or proceeding under sections 181.211 to 181.217,
including but not limited to board hearings, investigations, or other proceedings; or
new text end

new text begin (3) attending or participating in the training required by section 181.214.
new text end

Sec. 10.

new text begin [181.217] ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Minimum nursing home employment standards. new text end

new text begin Except as provided
in section 181.213, subdivision 4, paragraph (b) or (c), the minimum wages and other
working conditions established by the board in rule as minimum nursing home employment
standards shall be the minimum wages and standard conditions of labor for nursing home
workers or a subgroup of nursing home workers as a matter of state law. Except as provided
in section 181.213, subdivision 4, paragraph (b) or (c), it shall be unlawful for a nursing
home employer to employ a nursing home worker for lower wages than those established
as the minimum nursing home employment standards or under any other working conditions
that violate the minimum nursing home employment standards.
new text end

new text begin Subd. 2. new text end

new text begin Investigations. new text end

new text begin The commissioner may investigate possible violations of sections
181.214 to 181.217 or of the minimum nursing home employment standards established by
the board whenever it has cause to believe that a violation has occurred, either on the basis
of a report of a suspected violation or on the basis of any other credible information, including
violations found during the course of an investigation.
new text end

new text begin Subd. 3. new text end

new text begin Enforcement authority. new text end

new text begin The Department of Labor and Industry shall enforce
sections 181.214 to 181.217 and compliance with the minimum nursing home employment
standards established by the board according to the authority in section 177.27, subdivisions
4 and 7.
new text end

new text begin Subd. 4. new text end

new text begin Civil action by nursing home worker. new text end

new text begin (a) One or more nursing home workers
may bring a civil action in district court seeking redress for violations of sections 181.211
to 181.217 or of any applicable minimum nursing home employment standards or local
minimum nursing home employment standards. Such an action may be filed in the district
court of the county where a violation or violations are alleged to have been committed or
where the nursing home employer resides, or in any other court of competent jurisdiction,
and may represent a class of similarly situated nursing home workers.
new text end

new text begin (b) Upon a finding of one or more violations, a nursing home employer shall be liable
to each nursing home worker for the full amount of the wages, benefits, and overtime
compensation, less any amount the nursing home employer is able to establish was actually
paid to each nursing home worker, and for an additional equal amount as liquidated damages.
In an action under this subdivision, nursing home workers may seek damages and other
appropriate relief provided by section 177.27, subdivision 7, or otherwise provided by law,
including reasonable costs, disbursements, witness fees, and attorney fees. A court may also
issue an order requiring compliance with sections 181.211 to 181.217 or with the applicable
minimum nursing home employment standards or local minimum nursing home employment
standards. A nursing home worker found to have experienced retaliation in violation of
section 181.216 shall be entitled to reinstatement to the worker's previous position, wages,
benefits, hours, and other conditions of employment.
new text end

new text begin (c) An agreement between a nursing home employer and nursing home worker or labor
union that fails to meet the minimum standards and requirements in sections 181.211 to
181.217 or established by the board is not a defense to an action brought under this
subdivision.
new text end

Sec. 11. new text begin INITIAL APPOINTMENTS.
new text end

new text begin The governor shall make initial appointments to the Minnesota Nursing Home Workforce
Standards Board under Minnesota Statutes, section 181.212, no later than August 1, 2023.
new text end

ARTICLE 6

PETROLEUM REFINERY SKILLED WORKERS

Section 1.

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

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, 181.02, 181.03, 181.031, 181.032,
181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d), 181.275,
subdivision 2a, 181.722, 181.79, deleted text begin and deleted text end 181.939 to 181.943, new text begin and 181.987, new text end or with any rule
promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435 new text begin or 181.987 new text end if the violation is repeated.
For purposes of this subdivision only, a violation is repeated if at any time during the two
years that preceded the date of violation, the commissioner issued an order to the employer
for violation of sections 177.41 to 177.435 new text begin or 181.987 new text end and the order is final or the
commissioner and the employer have entered into a settlement agreement that required the
employer to pay back wages that were required by sections 177.41 to 177.435. The
department shall serve the order upon the employer or the employer's authorized
representative in person or by certified mail at the employer's place of business. An employer
who wishes to contest the order must file written notice of objection to the order with the
commissioner within 15 calendar days after being served with the order. A contested case
proceeding must then be held in accordance with sections 14.57 to 14.69. If, within 15
calendar days after being served with the order, the employer fails to file a written notice
of objection with the commissioner, the order becomes a final order of the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 15, 2023.
new text end

Sec. 2.

new text begin [181.987] USE OF SKILLED AND TRAINED CONTRACTOR
WORKFORCES AT PETROLEUM REFINERIES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Contractor" means a vendor that enters into or seeks to enter into a contract with
an owner or operator of a petroleum refinery to perform construction, alteration, demolition,
installation, repair, maintenance, or hazardous material handling work at the site of the
petroleum refinery. Contractor includes all contractors or subcontractors of any tier
performing work as described in this paragraph at the site of the petroleum refinery.
Contractor does not include employees of the owner or operator of a petroleum refinery.
new text end

new text begin (c) "Registered apprenticeship program" means an apprenticeship program registered
with the Department of Labor and Industry under chapter 178 or with the United States
Department of Labor Office of Apprenticeship or a recognized state apprenticeship agency
under Code of Federal Regulations, title 29, parts 29 and 30.
new text end

new text begin (d) "Skilled and trained workforce" means a workforce in which each employee of the
contractor or subcontractor of any tier working at the site of the petroleum refinery meets
one of the following criteria:
new text end

new text begin (1) is currently registered as an apprentice in a registered apprenticeship program in the
applicable trade;
new text end

new text begin (2) has graduated from a registered apprenticeship program in the applicable trade; or
new text end

new text begin (3) has completed all of the related instruction and on-the-job learning requirements
needed to graduate from the registered apprenticeship program their employer participates
in.
new text end

new text begin (e) "Petroleum refinery" means a facility engaged in producing gasoline, kerosene,
distillate fuel oils, residual fuel oil, lubricants, or other products through distillation of
petroleum or through redistillation, cracking, or reforming of unfinished petroleum
derivatives. Petroleum refinery includes fluid catalytic cracking unit catalyst regenerators,
fluid catalytic cracking unit incinerator-waste heat boilers, fuel gas combustion devices,
and indirect heating equipment associated with the refinery.
new text end

new text begin (f) "OEM" means original equipment manufacturer and refers to organizations that
manufacture or fabricate equipment for sale directly to purchasers or other resellers.
new text end

new text begin Subd. 2. new text end

new text begin Use of contractors by owner, operator; requirement. new text end

new text begin (a) An owner or operator
of a petroleum refinery shall, when contracting with contractors for the performance of
construction, alteration, demolition, installation, repair, maintenance, or hazardous material
handling work at the site of the petroleum refinery, require that the contractors performing
that work, and any subcontractors of any tier, use a skilled and trained workforce when
performing all work at the site of the petroleum refinery.
new text end

new text begin (b) The requirement under this subdivision applies only when each contractor and
subcontractor of any tier is performing work at the site of the petroleum refinery.
new text end

new text begin (c) The requirement under this subdivision does not apply when an owner or operator
contracts with contractors or subcontractors hired to perform OEM work to comply with
equipment warranty requirements.
new text end

new text begin (d) An owner or operator's contracted workforce must meet the requirements of
subdivision 1, paragraph (d) according to the following schedule:
new text end

new text begin (1) 65 percent by October 15, 2023;
new text end

new text begin (2) 75 percent by October 15, 2024; and
new text end

new text begin (3) 85 percent by October 15, 2025.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin The Division of Labor Standards shall receive complaints of violations
of this section. The commissioner of labor and industry shall fine an owner or operator not
less than $5,000 nor more than $10,000 for each violation of the requirements in this section.
Each shift on which a violation of this section occurs shall be considered a separate violation.
This penalty is in addition to any penalties provided under section 177.27, subdivision 7.
In determining the amount of a civil penalty under this subdivision, the appropriateness of
the penalty to the size of the violator's business and the gravity of the violation shall be
considered.
new text end

new text begin Subd. 4. new text end

new text begin Civil actions. new text end

new text begin A person injured by a violation of this section may bring a civil
action for damages against an owner or operator of a petroleum refinery. The court may
award to a prevailing plaintiff under this subdivision damages, attorney fees, costs,
disbursements, and any other appropriate relief as otherwise provided by law.
new text end

new text begin Subd. 5. new text end

new text begin Outreach and education. new text end

new text begin The commissioner of labor and industry shall perform
outreach and education to employer groups, employee groups, and contractor groups in
order to inform them of the impacts of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 15, 2023.
new text end

ARTICLE 7

COMBATIVE SPORTS

Section 1.

Minnesota Statutes 2022, section 341.21, subdivision 2a, is amended to read:

Subd. 2a.

Combatant.

"Combatant" means an individual who employs the act of attack
and defense as a new text begin professional new text end boxer, new text begin professional or amateur new text end tough person, deleted text begin martial artist deleted text end new text begin
professional or amateur kickboxer new text end , or new text begin professional or amateur new text end mixed martial artist while
engaged in a combative sport.

Sec. 2.

Minnesota Statutes 2022, section 341.21, subdivision 2b, is amended to read:

Subd. 2b.

Combative sport.

"Combative sport" means a sport that employs the act of
attack and defense with the fists, with or without using padded gloves, or feet that is practiced
as a sport under the rules of the Association of Boxing Commissions, unified rules for mixed
martial arts, or their equivalent. Combative sports include professional boxing deleted text begin and deleted text end new text begin , new text end
professional and amateur tough person new text begin , professional or amateur kickboxing, new text end and professional
and amateur mixed martial arts contests.

Sec. 3.

Minnesota Statutes 2022, section 341.21, subdivision 2c, is amended to read:

Subd. 2c.

Combative sports contest.

"Combative sports contest" means a professional
boxing, a professional or amateur tough person, new text begin a professional or amateur kickboxing, new text end or
a professional or amateur deleted text begin martial art contest or deleted text end mixed martial arts contest, bout, competition,
match, or exhibition.

Sec. 4.

Minnesota Statutes 2022, section 341.21, subdivision 4f, is amended to read:

Subd. 4f.

Martial art.

"Martial art" means a variety of weaponless disciplines of combat
or self-defense that utilize physical skill and coordination, and are practiced as combat
sports. The disciplines include, but are not limited to, Wing Chun, deleted text begin kickboxing, deleted text end Tae kwon
do, savate, karate, deleted text begin Muay Thai, deleted text end sanshou, Jiu Jitsu, judo, ninjitsu, kung fu, Brazilian Jiu Jitsu,
wrestling, grappling, tai chi, and other weaponless martial arts disciplines.

Sec. 5.

Minnesota Statutes 2022, section 341.21, is amended by adding a subdivision to
read:

new text begin Subd. 4i. new text end

new text begin Kickboxing. new text end

new text begin "Kickboxing" means the act of attack and defense with the fists
using padded gloves and bare feet.
new text end

Sec. 6.

Minnesota Statutes 2022, section 341.21, subdivision 7, is amended to read:

Subd. 7.

Tough person contest.

"Tough person contest," including contests marketed
as tough man or tough woman contests, means a deleted text begin contest of two-minute rounds consisting
of not more than four rounds between two or more individuals who use their hands, or their
feet, or both in any manner. Tough person contest includes kickboxing and other recognized
martial art contest deleted text end new text begin boxing match or similar contest where each combatant wears headgear
and gloves that weigh at least 12 ounces new text end .

Sec. 7.

Minnesota Statutes 2022, section 341.221, is amended to read:

341.221 ADVISORY COUNCIL.

(a) The commissioner must appoint a Combative Sports Advisory Council to advise the
commissioner on the administration of duties under this chapter.

(b) The council shall have deleted text begin nine deleted text end new text begin five new text end members appointed by the commissioner. deleted text begin One
member must be a retired judge of the Minnesota District Court, Minnesota Court of Appeals,
Minnesota Supreme Court, the United States District Court for the District of Minnesota,
or the Eighth Circuit Court of Appeals. At least four deleted text end new text begin All five new text end members must have knowledge
of deleted text begin the boxing industry. At least four members must have knowledge of the mixed martial
arts industry deleted text end new text begin combative sports new text end . The commissioner shall make serious efforts to appoint
qualified women to serve on the council.

deleted text begin (c) Council members shall serve terms of four years with the terms ending on the first
Monday in January.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end The council shall annually elect from its membership a chair.

deleted text begin (e) deleted text end new text begin (d) new text end Meetings shall be convened by the commissioner, or by the chair with the approval
of the commissioner.

deleted text begin (f) The commissioner shall designate two of the members to serve until the first Monday
in January 2013; two members to serve until the first Monday in January 2014; two members
to serve until the first Monday in January 2015; and three members to serve until the first
Monday in January 2016.
deleted text end

new text begin (e) Appointments to the council and the terms of council members are governed by
sections 15.059 and 15.0597.
new text end

deleted text begin (g) deleted text end new text begin (f) new text end Removal of members, filling of vacancies, and compensation of members shall
be as provided in section 15.059.

new text begin (g) Meetings convened for the purpose of advising the commissioner on issues related
to a challenge filed under section 341.345 are exempt from the open meeting requirements
of chapter 13D.
new text end

Sec. 8.

Minnesota Statutes 2022, section 341.25, is amended to read:

341.25 RULES.

(a) The commissioner may adopt rules that include standards for the physical examination
and condition of combatants and referees.

(b) The commissioner may adopt other rules necessary to carry out the purposes of this
chapter, including, but not limited to, the conduct of all combative sport contests and their
manner, supervision, time, and place.

deleted text begin (c) The commissioner must adopt unified rules for mixed martial arts contests.
deleted text end

deleted text begin (d) The commissioner may adopt the rules of the Association of Boxing Commissions,
with amendments.
deleted text end

deleted text begin (e) deleted text end new text begin (c) new text end The new text begin most recent version of the new text end Unified Rules of Mixed Martial Arts, as
promulgated by the Association of Boxing Commissions deleted text begin and amended August 2, 2016, are deleted text end new text begin ,
is new text end incorporated by reference and made a part of this chapter except as qualified by this
chapter and Minnesota Rules, chapter 2202. In the event of a conflict between this chapter
and the Unified Rules, this chapter must govern.

new text begin (d) The most recent version of the Unified Rules of Boxing, as promulgated by the
Association of Boxing Commissions, is incorporated by reference and made a part of this
chapter except as qualified by this chapter and Minnesota Rules, chapter 2201. In the event
of a conflict between this chapter and the Unified Rules, this chapter must govern.
new text end

new text begin (e) The most recent version of the Unified Rules of Kickboxing, as promulgated by the
Association of Boxing Commissions, is incorporated by reference and made a part of this
chapter except as qualified by this chapter and any applicable Minnesota Rules. In the event
of a conflict between this chapter and the Unified Rules, this chapter must govern.
new text end

Sec. 9.

Minnesota Statutes 2022, section 341.27, is amended to read:

341.27 COMMISSIONER DUTIES.

The commissioner shall:

(1) issue, deny, renew, suspend, or revoke licenses;

(2) make and maintain records of its acts and proceedings including the issuance, denial,
renewal, suspension, or revocation of licenses;

(3) keep public records of the council open to inspection at all reasonable times;

(4) develop rules to be implemented under this chapter;

(5) conform to the rules adopted under this chapter;

(6) develop policies and procedures for regulating boxing new text begin , kickboxing, new text end and mixed martial
arts;

new text begin (7) approve regulatory bodies to oversee martial arts and amateur boxing contests under
section 341.28, subdivision 5;
new text end

deleted text begin (7) deleted text end new text begin (8) new text end immediately suspend an individual license for a medical condition, including but
not limited to a medical condition resulting from an injury sustained during a match, bout,
or contest that has been confirmed by the ringside physician. The medical suspension must
be lifted after the commissioner receives written information from a physician licensed in
the home state of the licensee indicating that the combatant may resume competition, and
any other information that the commissioner may by rule require. Medical suspensions are
not subject to section 326B.082 or the contested case procedures provided in sections 14.57
to 14.69; and

deleted text begin (8) deleted text end new text begin (9) new text end immediately suspend an individual combatant license for a mandatory rest period,
which must commence at the conclusion of every combative sports contest in which the
license holder competes and does not receive a medical suspension. A rest suspension must
automatically lift after 14 calendar days from the date the combative sports contest passed
without notice or additional proceedings. Rest suspensions are not subject to section 326B.082
or the contested case procedures provided in sections 14.57 to 14.69.

Sec. 10.

Minnesota Statutes 2022, section 341.28, subdivision 2, is amended to read:

Subd. 2.

Regulatory authority; tough person contests.

All professional and amateur
tough person contests are subject to this chapter. All tough person contests are subject to
new text begin the most recent version of the Unified Rules of Boxing, as promulgated by the new text end Association
of Boxing Commissions deleted text begin rules deleted text end . Every contestant in a tough person contest shall have a
physical examination prior to their bouts. Every contestant in a tough person contest shall
wear new text begin headgear and new text end padded gloves that weigh at least 12 ounces. deleted text begin All tough person bouts are
limited to two-minute rounds and a maximum of four total rounds. deleted text end Officials at all tough
person contests shall be licensed under this chapter.

Sec. 11.

Minnesota Statutes 2022, section 341.28, subdivision 3, is amended to read:

Subd. 3.

Regulatory authority; mixed martial arts contests deleted text begin ; similar sporting
events deleted text end .

All professional and amateur mixed martial arts contests deleted text begin , martial arts contests except
amateur contests regulated by the Minnesota State High School League (MSHSL), recognized
martial arts studios and schools in Minnesota, and recognized national martial arts
organizations holding contests between students, ultimate fight contests, and similar sporting
events deleted text end are subject to this chapter and all officials at these events must be licensed under this
chapter.

Sec. 12.

Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Regulatory authority; kickboxing contests. new text end

new text begin All professional and amateur
kickboxing contests are subject to this chapter and all officials at these events must be
licensed under this chapter.
new text end

Sec. 13.

Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Regulatory authority; martial arts and amateur boxing. new text end

new text begin (a) Unless this
chapter specifically states otherwise, contests or exhibitions for martial arts and amateur
boxing are exempt from the requirements of this chapter and officials at these events are
not required to be licensed under this chapter.
new text end

new text begin (b) Martial arts and amateur boxing contests, unless subject to the exceptions set forth
in subdivision 7, must be regulated by a nationally recognized organization approved by
the commissioner. The organization must have a set of written standards, procedures, or
rules used to sanction the combative sports it oversees.
new text end

new text begin (c) Any regulatory body overseeing a martial arts or amateur boxing event must submit
bout results to the commissioner within 72 hours after the event. If the regulatory body
issues suspensions, the regulatory body must submit to the commissioner a list of any
suspensions resulting from the event within 72 hours after the event. Regulatory bodies that
oversee combative sports or martial arts contests under subdivision 6 are not subject to this
paragraph.
new text end

Sec. 14.

Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Regulatory authority; certain students. new text end

new text begin Combative sports or martial arts
contests regulated by the Minnesota State High School League, National Collegiate Athletic
Association, National Junior Collegiate Athletic Association, National Association of
Intercollegiate Athletics, or any similar organization that governs interscholastic athletics
are not subject to this chapter and officials at these events are not required to be licensed
under this chapter.
new text end

Sec. 15.

Minnesota Statutes 2022, section 341.30, subdivision 4, is amended to read:

Subd. 4.

Prelicensure requirements.

(a) Before the commissioner issues a promoter's
license to an individual, corporation, or other business entity, the applicant shall deleted text begin , a minimum
of six weeks before the combative sport contest is scheduled to occur, deleted text end complete a licensing
application on the Office of Combative Sports website or on forms deleted text begin furnished or approved deleted text end new text begin
prescribed new text end by the commissioner and shall:

deleted text begin (1) provide the commissioner with a copy of any agreement between a combatant and
the applicant that binds the applicant to pay the combatant a certain fixed fee or percentage
of the gate receipts;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end show on the licensing application the owner or owners of the applicant entity and
the percentage of interest held by each owner holding a 25 percent or more interest in the
applicant;

deleted text begin (3) deleted text end new text begin (2) new text end provide the commissioner with a copy of the latest financial statement of the
applicant;

deleted text begin (4) provide the commissioner with a copy or other proof acceptable to the commissioner
of the insurance contract or policy required by this chapter;
deleted text end

deleted text begin (5) deleted text end new text begin (3) new text end provide proof, where applicable, of authorization to do business in the state of
Minnesota; and

deleted text begin (6) deleted text end new text begin (4) new text end deposit with the commissioner a deleted text begin cash bond or deleted text end surety bond in an amount set by
the commissioner, which must not be less than $10,000. The bond shall be executed in favor
of this state and shall be conditioned on the faithful performance by the promoter of the
promoter's obligations under this chapter and the rules adopted under it.

(b) Before the commissioner issues a license to a combatant, the applicant shall:

(1) submit to the commissioner the results of deleted text begin a deleted text end current medical deleted text begin examination deleted text end new text begin examinations new text end
on forms deleted text begin furnished or approved deleted text end new text begin prescribed new text end by the commissioner new text begin that state that the combatant
is cleared to participate in a combative sport contest new text end . deleted text begin The medical examination must include
an ophthalmological and neurological examination, and documentation of test results for
HBV, HCV, and HIV, and any other blood test as the commissioner by rule may require.
The ophthalmological examination must be designed to detect any retinal defects or other
damage or condition of the eye that could be aggravated by combative sports. The
neurological examination must include an electroencephalogram or medically superior test
if the combatant has been knocked unconscious in a previous contest. The commissioner
may also order an electroencephalogram or other appropriate neurological or physical
examination before any contest if it determines that the examination is desirable to protect
the health of the combatant. The commissioner shall not issue a license to an applicant
submitting positive test results for HBV, HCV, or HIV; deleted text end new text begin The applicant must undergo and
submit the results of the following medical examinations, which do not exempt a combatant
from the requirements in section 341.33:
new text end

new text begin (i) a physical examination performed by a licensed medical doctor, doctor of osteopathic
medicine, advance practice nurse practitioner, or a physician assistant. Physical examinations
are valid for one year from the date of the exam;
new text end

new text begin (ii) an ophthalmological examination performed by an ophthalmologist or optometrist
that includes dilation designed to detect any retinal defects or other damage or a condition
of the eye that could be aggravated by combative sports. Ophthalmological examinations
are valid for one year from the date of the exam;
new text end

new text begin (iii) blood work results for HBsAg (Hepatitis B surface antigen), HCV (Hepatitis C
antibody), and HIV. Blood work results are good for one year from the date blood was
drawn. The commissioner shall not issue a license to an applicant submitting positive test
results for HBsAg, HCV, or HIV; and
new text end

new text begin (iv) other appropriate neurological or physical examinations before any contest, if the
commissioner determines that the examination is desirable to protect the health of the
combatant;
new text end

(2) complete a licensing application on the Office of Combative Sports website or on
forms deleted text begin furnished or approved deleted text end new text begin prescribed new text end by the commissioner; and

(3) provide proof that the applicant is 18 years of age. Acceptable proof is a photo driver's
license, state photo identification card, passport, or birth certificate combined with additional
photo identification.

new text begin (c) Before the commissioner issues a license to a referee, judge, or timekeeper, the
applicant must submit proof of qualifications that may include certified training from the
Association of Boxing Commissions, licensure with other regulatory bodies, professional
references, or a log of bouts worked.
new text end

new text begin (d) Before the commissioner issues a license to a ringside physician, the applicant must
submit proof that they are licensed to practice medicine in the state of Minnesota and in
good standing.
new text end

Sec. 16.

Minnesota Statutes 2022, section 341.32, subdivision 2, is amended to read:

Subd. 2.

Expiration and application.

Licenses new text begin issued on or after January 1, 2023, shall
new text end expire deleted text begin annually on December 31 deleted text end new text begin one year after the date of issuance new text end . A license may be
applied for each year by filing an application for licensure and satisfying all licensure
requirements established in section 341.30, and submitting payment of the license fees
established in section 341.321. An application for a license and renewal of a license must
be on a form provided by the commissioner.

Sec. 17.

Minnesota Statutes 2022, section 341.321, is amended to read:

341.321 FEE SCHEDULE.

(a) The fee schedule for professional and amateur licenses issued by the commissioner
is as follows:

(1) referees, $25;

(2) promoters, deleted text begin $700 deleted text end new text begin $500 new text end ;

(3) judges and knockdown judges, $25;

(4) trainers and seconds, deleted text begin $80 deleted text end new text begin $40 new text end ;

(5) timekeepers, $25;

(6) professional combatants, deleted text begin $70 deleted text end new text begin $55 new text end ;

(7) amateur combatants, deleted text begin $50 deleted text end new text begin $35 new text end ; and

(8) ringside physicians, $25.

deleted text begin License fees for promoters are due at least six weeks prior to the combative sport contest. deleted text end
All deleted text begin other deleted text end license fees shall be paid no later than the weigh-in prior to the contest. No license
may be issued until all prelicensure requirements new text begin in section 341.30 new text end are satisfied and fees
are paid.

(b) deleted text begin The commissioner shall establish a contest fee for each combative sport contest and
shall consider the size and type of venue when establishing a contest fee. The deleted text end new text begin A promoter
or event organizer of an event regulated by the Department of Labor and Industry must pay,
per event, a new text end combative sport contest fee deleted text begin is $1,500 per event deleted text end new text begin of $500 new text end or deleted text begin not more than deleted text end four
percent of the gross ticket sales, whichever is greater deleted text begin , as determined by the commissioner
when the combative sport contest is scheduled deleted text end . new text begin The fee must be paid as follows:
new text end

deleted text begin (c) A professional or amateur combative sport contest fee is nonrefundable and shall be
paid as follows:
deleted text end

(1) $500 at the time the combative sport contest is scheduled; deleted text begin and
deleted text end

deleted text begin (2) $1,000 at the weigh-in prior to the contest.
deleted text end

new text begin (2) if four percent of the gross ticket sales is greater than $500, the balance is due to the
commissioner within 14 days of the completed contest; and
new text end

new text begin (3) the value of all complimentary tickets distributed for an event, to the extent they
exceed five percent of total event attendance, counts toward gross tickets sales for the
purposes of determining a combative sports contest fee. For purposes of this clause, the
lowest advertised ticket price shall be used to calculate the value of complimentary tickets.
new text end

deleted text begin If four percent of the gross ticket sales is greater than $1,500, the balance is due to the
commissioner within seven days of the completed contest.
deleted text end

deleted text begin (d) The commissioner may establish the maximum number of complimentary tickets
allowed for each event by rule.
deleted text end

deleted text begin (e) deleted text end new text begin (c) new text end All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.

Sec. 18.

new text begin [341.322] PAYMENT SCHEDULE.
new text end

new text begin The commissioner may establish a schedule of payments to be paid by a promoter to
referees, judges and knockdown judges, timekeepers, and ringside physicians.
new text end

Sec. 19.

new text begin [341.323] EVENT APPROVAL.
new text end

new text begin Subdivision 1. new text end

new text begin Preapproval documentation. new text end

new text begin Before the commissioner approves a
combative sports contest, the promoter shall provide the commissioner, at least six weeks
before the combative sport contest is scheduled to occur, information about the time, date,
and location of the contest and at least 72 hours before the combative sport contest is
scheduled to occur:
new text end

new text begin (1) a copy of any agreement between a combatant and the promoter that binds the
promoter to pay the combatant a certain fixed fee or percentage of the gate receipts;
new text end

new text begin (2) a copy or other proof acceptable to the commissioner of the insurance contract or
policy required by this chapter;
new text end

new text begin (3) proof acceptable to the commissioner that the promoter will provide, at the cost of
the promoter, at least one uniformed security guard or uniformed off-duty member of law
enforcement to provide security at any event regulated by the Department of Labor and
Industry. The commissioner may require a promoter to take additional security measures
to ensure the safety of participants and spectators at an event; and
new text end

new text begin (4) proof acceptable to the commissioner that the promoter will provide an ambulance
service as required by section 341.324.
new text end

new text begin Subd. 2. new text end

new text begin Proper licensure. new text end

new text begin Before the commissioner approves a combative sport contest,
the commissioner must ensure that the promoter is properly licensed under this chapter.
The promoter must maintain proper licensure from the time it schedules a combative sports
contest through the date of the contest.
new text end

new text begin Subd. 3. new text end

new text begin Discretion. new text end

new text begin Nothing in this section limits the commissioner's discretion in
deciding whether to approve a combative sport contest or event.
new text end

Sec. 20.

new text begin [341.324] AMBULANCE.
new text end

new text begin A promoter must ensure, at the cost of the promoter, that a licensed ambulance service
with two emergency medical technicians is on the premises during a combative sports
contest.
new text end

Sec. 21.

Minnesota Statutes 2022, section 341.33, is amended to read:

341.33 PHYSICAL EXAMINATION REQUIRED; FEES.

Subdivision 1.

Examination by physician.

All combatants must be examined by a
physician licensed by this state within 36 hours before entering the ring, and the examining
physician shall immediately file with the commissioner a written report of the examination.
new text begin Each female combatant shall take and submit a negative pregnancy test as part of the
examination. new text end The physician's examination may report on the condition of the combatant's
heart and general physical and general neurological condition. The physician's report may
record the condition of the combatant's nervous system and brain as required by the
commissioner. The physician may prohibit the combatant from entering the ring if, in the
physician's professional opinion, it is in the best interest of the combatant's health. The cost
of the examination is payable by the promoter conducting the contest or exhibition.

Subd. 2.

Attendance of physician.

A promoter holding or sponsoring a combative sport
contest shall have in attendance a physician licensed by deleted text begin this state deleted text end new text begin Minnesota new text end . deleted text begin The
commissioner may establish a schedule of fees to be paid to each attending physician by
the promoter holding or sponsoring the contest.
deleted text end

Sec. 22.

new text begin [341.331] PROHIBITED PERFORMANCE ENHANCING SUBSTANCES
AND TESTING.
new text end

new text begin Subdivision 1. new text end

new text begin Performance enhancing substances and masking agents prohibited. new text end

new text begin All
combatants are prohibited from using the substances listed in the following classes contained
in the World Anti-Doping Code published by the World Anti-Doping Agency, unless a
combatant meets an applicable exception set forth therein:
new text end

new text begin (1) S0, nonapproved substances;
new text end

new text begin (2) S1, anabolic agents;
new text end

new text begin (3) S2, peptide hormones, growth factors, and related substances and mimetics;
new text end

new text begin (4) S3, beta-2 agonists;
new text end

new text begin (5) S4, hormone and metabolic modulators; and
new text end

new text begin (6) S5, diuretics and masking agents.
new text end

new text begin Subd. 2. new text end

new text begin Testing. new text end

new text begin The commissioner may administer drug testing to discover violations
of subdivision 1 as follows:
new text end

new text begin (a) The commissioner may require a combatant to submit to a drug test to determine if
substances are present in the combatant's system in violation of subdivision 1. This testing
may occur at any time after the official weigh-in, on the day of the contest in which the
combatant is participating, or within 24 hours of competing in a combative sports contest
in a manner prescribed by the commissioner. The commissioner may require testing based
on reasonable cause or random selection. Grounds for reasonable cause includes observing
or receiving credible information that a combatant has used prohibited performance enhancing
drugs. If testing is based on random selection, both combatants competing in a selected bout
shall submit to a drug test.
new text end

new text begin (b) Specimens may include urine, hair samples, or blood. Specimens shall be tested at
a facility acceptable to the commissioner. Results of all drug tests shall be submitted directly
to the commissioner.
new text end

new text begin (c) The promoter shall pay the costs relating to drug testing combatants. Any requests
for follow-up or additional testing must be paid by the combatant.
new text end

new text begin Subd. 3. new text end

new text begin Discipline. new text end

new text begin (a) If a combatant fails to provide a sample for drug testing when
required, and the request is made before a bout, the combatant shall not be allowed to
compete in the bout. If the request is made after a bout, and the combatant fails to provide
a sample for drug testing, the combatant shall be subject to disciplinary action under section
341.29.
new text end

new text begin (b) If a combatant's specimen tests positive for any prohibited substances, the combatant
shall be subject to disciplinary action under section 341.29.
new text end

new text begin (c) A combatant who is disciplined and was the winner of a bout shall be disqualified
and the decision shall be changed to no contest. The results of a bout shall remain unchanged
if a combatant who is disciplined was the loser of the bout.
new text end

Sec. 23.

new text begin [341.345] CHALLENGING THE OUTCOME OF A COMBATIVE SPORT
CONTEST.
new text end

new text begin Subdivision 1. new text end

new text begin Challenge. new text end

new text begin (a) If a combatant disagrees with the outcome of a combative
sport contest regulated by the Department of Labor and Industry in which the combatant
participated, the combatant may challenge the outcome.
new text end

new text begin (b) If a third party makes a challenge on behalf of a combatant, the third party must
provide written confirmation that they are authorized to make the challenge on behalf of
the combatant. The written confirmation must contain the combatant's signature and must
be submitted with the challenge.
new text end

new text begin Subd. 2. new text end

new text begin Form. new text end

new text begin A challenge must be submitted on a form prescribed by the commissioner,
set forth all relevant facts and the basis for the challenge, and state what remedy is being
sought. A combatant may submit photos, videos, documents, or any other evidence the
combatant would like the commissioner to consider in connection to the challenge. A
combatant may challenge the outcome of a contest only if it is alleged that:
new text end

new text begin (1) the referee made an incorrect call or missed a rule violation that directly affected the
outcome of the contest;
new text end

new text begin (2) there was collusion amongst officials to affect the outcome of the contest; or
new text end

new text begin (3) scores were miscalculated.
new text end

new text begin Subd. 3. new text end

new text begin Timing. new text end

new text begin A challenge must be submitted within ten days of the contest.
new text end

new text begin (a) For purposes of this subdivision, the day of the contest shall not count toward the
ten-day period. If the tenth day falls on a Saturday, Sunday, or legal holiday, then a combatant
shall have until the next day that is not a Saturday, Sunday, or legal holiday to submit a
challenge.
new text end

new text begin (b) The challenge must be submitted to the commissioner at the address, fax number,
or email address designated on the commissioner's website. The date on which a challenge
is submitted by mail shall be the postmark date on the envelope in which the challenge is
mailed. If the challenge is faxed or emailed, it must be received by the commissioner by
4:30 p.m. Central Time on the day the challenge is due.
new text end

new text begin Subd. 4. new text end

new text begin Opponent's response. new text end

new text begin If the requirements of subdivisions 1 to 3 are met, the
commissioner shall send a complete copy of the challenge documents, along with any
supporting materials submitted, to the opposing combatant by mail, fax, or email. The
opposing combatant has 14 days from the date the commissioner sends the challenge and
supporting materials to submit a response to the commissioner. Additional response time
is not added when the commissioner sends the challenge to the opposing combatant by mail.
The opposing combatant may submit photos, videos, documents, or any other evidence the
opposing combatant would like the commissioner to consider in connection to the challenge.
The response must be submitted to the commissioner at the address, fax number, or email
address designated on the commissioner's website. The date on which a response is submitted
by mail is the postmark date on the envelope in which the response is mailed. If the response
is faxed or emailed, it must be received by the commissioner by 4:30 p.m. Central Time on
the day the response is due.
new text end

new text begin Subd. 5. new text end

new text begin Licensed official review. new text end

new text begin The commissioner may, if the commissioner
determines it would be helpful in resolving the issues raised in the challenge, send a complete
copy of the challenge or response, along with any supporting materials submitted, to any
licensed official involved in the combative sport contest at issue by mail, fax, or email and
request the official's views on the issues raised in the challenge.
new text end

new text begin Subd. 6. new text end

new text begin Order. new text end

new text begin The commissioner shall issue an order on the challenge within 60 days
after receiving the opposing combatant's response. If the opposing combatant does not
submit a response, the commissioner shall issue an order on the challenge within 75 days
after receiving the challenge.
new text end

new text begin Subd. 7. new text end

new text begin Nonacceptance. new text end

new text begin If the requirements of subdivisions 1 through 3 are not met,
the commissioner must not accept the challenge and may send correspondence to the person
who submitted the challenge stating the reasons for nonacceptance of the challenge. A
combatant has no further appeal rights if the combatant's challenge is not accepted by the
commissioner.
new text end

new text begin Subd. 8. new text end

new text begin Administrative hearing. new text end

new text begin After the commissioner issues an order under
subdivision 6, each combatant under section 326B.082, subdivision 8, has 30 days after
service of the order to submit a request for hearing before an administrative law judge.
new text end

Sec. 24.

Minnesota Statutes 2022, section 341.355, is amended to read:

341.355 CIVIL PENALTIES.

When the commissioner finds that a person has violated one or more provisions of any
statute, rule, or order that the commissioner is empowered to regulate, enforce, or issue, the
commissioner may impose, for each violation, a civil penalty of up to $10,000 for each
violation, or a civil penalty that deprives the person of any economic advantage gained by
the violation, or both. new text begin The commissioner may also impose these penalties against a person
who has violated section 341.28, subdivision 5, paragraph (b) or (c).
new text end

ARTICLE 8

MISCELLANEOUS POLICY

Section 1.

Minnesota Statutes 2022, section 175.16, subdivision 1, is amended to read:

Subdivision 1.

Established.

The Department of Labor and Industry shall consist of the
following divisions: Division of Workers' Compensation, Division of Construction Codes
and Licensing, Division of Occupational Safety and Health, Division of Statistics, Division
of Labor Standards new text begin , new text end and new text begin Division of new text end Apprenticeship, and such other divisions as the
commissioner of the Department of Labor and Industry may deem necessary and establish.
Each division of the department and persons in charge thereof shall be subject to the
supervision of the commissioner of the Department of Labor and Industry and, in addition
to such duties as are or may be imposed on them by statute, shall perform such other duties
as may be assigned to them by the commissioner. Notwithstanding any other law to the
contrary, the commissioner is the administrator and supervisor of all of the department's
dispute resolution functions and personnel and may delegate authority to compensation
judges and others to make determinations under sections 176.106, 176.238, and 176.239
and to approve settlement of claims under section 176.521.

Sec. 2.

Minnesota Statutes 2022, section 177.26, subdivision 1, is amended to read:

Subdivision 1.

Creation.

The Division of Labor Standards deleted text begin and Apprenticeship deleted text end in the
Department of Labor and Industry is supervised and controlled by the commissioner of
labor and industry.

Sec. 3.

Minnesota Statutes 2022, section 177.26, subdivision 2, is amended to read:

Subd. 2.

Powers and duties.

The Division of Labor Standards deleted text begin and Apprenticeship deleted text end shall
administer this chapter and chapters deleted text begin 178, deleted text end 181, 181A, and 184.

Sec. 4.

Minnesota Statutes 2022, section 178.01, is amended to read:

178.01 PURPOSES.

The purposes of this chapter are: to open to all people regardless of race, sex, creed,
color or national origin, the opportunity to obtain training and on-the-job learning that will
equip them for profitable employment and citizenship; to establish as a means to this end,
a program of voluntary apprenticeship under approved apprenticeship agreements providing
facilities for their training and guidance in the arts, skills, and crafts of industry and trade
or occupation, with concurrent, supplementary instruction in related subjects; to promote
apprenticeship opportunities under conditions providing adequate training and on-the-job
learning and reasonable earnings; to relate the supply of skilled workers to employment
demands; to establish standards for apprentice training; to establish an Apprenticeship Board
and apprenticeship committees to assist in effectuating the purposes of this chapter; to
provide for a Division of deleted text begin Labor Standards and deleted text end Apprenticeship within the Department of
Labor and Industry; to provide for reports to the legislature regarding the status of apprentice
training in the state; to establish a procedure for the determination of apprenticeship
agreement controversies; and to accomplish related ends.

Sec. 5.

Minnesota Statutes 2022, section 178.011, subdivision 7, is amended to read:

Subd. 7.

Division.

"Division" means the department's deleted text begin Labor Standards and deleted text end Apprenticeship
Division, established under sections 175.16 and 178.03, and the State Apprenticeship Agency
as defined in Code of Federal Regulations, title 29, part 29, section 29.2.

Sec. 6.

Minnesota Statutes 2022, section 178.03, subdivision 1, is amended to read:

Subdivision 1.

Establishment of division.

There is established a Division of deleted text begin Labor
Standards and deleted text end Apprenticeship in the Department of Labor and Industry. This division shall
be administered by a director, and be under the supervision of the commissioner.

Sec. 7.

Minnesota Statutes 2022, section 178.11, is amended to read:

178.11 LABOR EDUCATION ADVANCEMENT GRANT PROGRAM.

The commissioner shall establish the labor education advancement grant program for
the purpose of facilitating the participation new text begin or retention new text end of deleted text begin minorities deleted text end new text begin people of color,
Indigenous people, new text end and women in deleted text begin apprenticeable trades and occupations deleted text end new text begin registered
apprenticeship programs new text end . The commissioner shall award grants to community-based new text begin and
nonprofit new text end organizations new text begin and Minnesota Tribal governments as defined in section 10.65,
new text end serving the targeted populations on a competitive request-for-proposal basis. Interested
organizations shall apply for the grants in a form prescribed by the commissioner. As part
of the application process, applicants must provide a statement of need for the grant, a
description of the targeted population and apprenticeship opportunities, a description of
activities to be funded by the grant, evidence supporting the ability to deliver services,
information related to coordinating grant activities with other employment and learning
programs, identification of matching funds, a budget, and performance objectives. Each
submitted application shall be evaluated for completeness and effectiveness of the proposed
grant activity.

Sec. 8.

Minnesota Statutes 2022, section 181.9435, subdivision 1, is amended to read:

Subdivision 1.

Investigation.

The Division of Labor Standards deleted text begin and Apprenticeship deleted text end shall
receive complaints of employees against employers relating to sections 181.172, paragraph
(a) or (d), and 181.939 to 181.9436 and investigate informally whether an employer may
be in violation of sections 181.172, paragraph (a) or (d), and 181.939 to 181.9436. The
division shall attempt to resolve employee complaints by informing employees and employers
of the provisions of the law and directing employers to comply with the law. For complaints
related to section 181.939, the division must contact the employer within two business days
and investigate the complaint within ten days of receipt of the complaint.

Sec. 9.

Minnesota Statutes 2022, section 181.9436, is amended to read:

181.9436 POSTING OF LAW.

The Division of Labor Standards deleted text begin and Apprenticeship deleted text end shall develop, with the assistance
of interested business and community organizations, an educational poster stating employees'
rights under sections 181.940 to 181.9436. The department shall make the poster available,
upon request, to employers for posting on the employer's premises.

Sec. 10.

Minnesota Statutes 2022, section 182.666, subdivision 1, is amended to read:

Subdivision 1.

Willful or repeated violations.

Any employer who willfully or repeatedly
violates the requirements of section 182.653, or any standard, rule, or order adopted under
the authority of the commissioner as provided in this chapter, may be assessed a fine not to
exceed deleted text begin $70,000 deleted text end new text begin $156,259 new text end for each violation. The minimum fine for a willful violation is
deleted text begin $5,000 deleted text end new text begin $11,162 new text end .

Sec. 11.

Minnesota Statutes 2022, section 182.666, subdivision 2, is amended to read:

Subd. 2.

Serious violations.

Any employer who has received a citation for a serious
violation of its duties under section 182.653, or any standard, rule, or order adopted under
the authority of the commissioner as provided in this chapter, shall be assessed a fine not
to exceed deleted text begin $7,000 deleted text end new text begin $15,625 new text end for each violation. If a serious violation under section 182.653,
subdivision 2, causes or contributes to the death of an employee, the employer shall be
assessed a fine of up to $25,000 new text begin for each violation new text end .

Sec. 12.

Minnesota Statutes 2022, section 182.666, subdivision 3, is amended to read:

Subd. 3.

Nonserious violations.

Any employer who has received a citation for a violation
of its duties under section 182.653, subdivisions 2 to 4, where the violation is specifically
determined not to be of a serious nature as provided in section 182.651, subdivision 12,
may be assessed a fine of up to deleted text begin $7,000 deleted text end new text begin $15,625 new text end for each violation.

Sec. 13.

Minnesota Statutes 2022, section 182.666, subdivision 4, is amended to read:

Subd. 4.

Failure to correct a violation.

Any employer who fails to correct a violation
for which a citation has been issued under section 182.66 within the period permitted for
its correction, which period shall not begin to run until the date of the final order of the
commissioner in the case of any review proceedings under this chapter initiated by the
employer in good faith and not solely for delay or avoidance of penalties, may be assessed
a fine of not more than deleted text begin $7,000 deleted text end new text begin $15,625 new text end for each day during which the failure or violation
continues.

Sec. 14.

Minnesota Statutes 2022, section 182.666, subdivision 5, is amended to read:

Subd. 5.

Posting violations.

Any employer who violates any of the posting requirements,
as prescribed under this chapter, except those prescribed under section 182.661, subdivision
3a, shall be assessed a fine of up to deleted text begin $7,000 deleted text end new text begin $15,625 new text end for each violation.

Sec. 15.

Minnesota Statutes 2022, section 182.666, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Increases for inflation. new text end

new text begin (a) Each year, beginning in 2023, the commissioner
shall determine the percentage change in the Minneapolis-St. Paul-Bloomington, MN-WI,
Consumer Price Index for All Urban Consumers (CPI-U) from the month of October in the
preceding calendar year to the month of October in the current calendar year.
new text end

new text begin (b) The commissioner shall increase the fines in subdivisions 1 to 5, except for the fine
for a serious violation under section 182.653, subdivision 2, that causes or contributes to
the death of an employee, by the percentage change determined by the commissioner under
paragraph (a), if the percentage change is greater than zero. The fines shall be increased to
the nearest one dollar.
new text end

new text begin (c) If the percentage change determined by the commissioner under paragraph (a) is not
greater than zero, the commissioner shall not change any of the fines in subdivisions 1 to
5.
new text end

new text begin (d) A fine increased under this subdivision takes effect on the next January 15 after the
commissioner determines the percentage change under paragraph (a) and applies to all fines
assessed on or after the next January 15.
new text end

new text begin (e) No later than December 1 of each year, the commissioner shall give notice in the
State Register of any increase to the fines in subdivisions 1 to 5.
new text end

Sec. 16.

Minnesota Statutes 2022, section 326B.092, subdivision 6, is amended to read:

Subd. 6.

Fees nonrefundable.

Application and examination fees, license fees, license
renewal fees, and late fees are nonrefundable except for:

(1) license renewal fees received more than two years after expiration of the license, as
described in section 326B.094, subdivision 2;

(2) any overpayment of fees; and

(3) if the license is not new text begin issued or new text end renewed, the contractor recovery fund fee and any
additional assessment paid under subdivision 7, paragraph (e).

Sec. 17.

Minnesota Statutes 2022, section 326B.096, is amended to read:

326B.096 REINSTATEMENT OF LICENSES.

Subdivision 1.

Reinstatement after revocation.

(a) If a license is revoked under this
chapter and if an applicant for a license needs to pass an examination administered by the
commissioner before becoming licensed, then, in order to have the license reinstated, the
person who holds the revoked license must:

(1) retake the examination and achieve a passing score; and

(2) meet all other requirements for an initial license, including payment of the application
and examination fee and the license fee. The person holding the revoked license is not
eligible for Minnesota licensure without examination based on reciprocity.

(b) If a license is revoked under a chapter other than this chapter, then, in order to have
the license reinstated, the person who holds the revoked license must:

(1) apply for reinstatement to the commissioner no later than two years after the effective
date of the revocation;

(2) pay a deleted text begin $100 deleted text end new text begin $50 new text end reinstatement application fee and any applicable renewal license fee;
and

(3) meet all applicable requirements for licensure, except that, unless required by the
order revoking the license, the applicant does not need to retake any examination and does
not need to repay a license fee that was paid before the revocation.

Subd. 2.

Reinstatement after suspension.

If a license is suspended, then, in order to
have the license reinstated, the person who holds the suspended license must:

(1) apply for reinstatement to the commissioner no later than two years after the
completion of the suspension period;

(2) pay a deleted text begin $100 deleted text end new text begin $50 new text end reinstatement application fee and any applicable renewal license fee;
and

(3) meet all applicable requirements for licensure, except that, unless required by the
order suspending the license, the applicant does not need to retake any examination and
does not need to repay a license fee that was paid before the suspension.

Subd. 3.

Reinstatement after voluntary termination.

A licensee who is not an individual
may voluntarily terminate a license issued to the person under this chapter. If a licensee has
voluntarily terminated a license under this subdivision, then, in order to have the license
reinstated, the person who holds the terminated license must:

(1) apply for reinstatement to the commissioner no later than the date that the license
would have expired if it had not been terminated;

(2) pay a deleted text begin $100 deleted text end new text begin $25 new text end reinstatement application fee and any applicable renewal license fee;
and

(3) meet all applicable requirements for licensure, except that the applicant does not
need to repay a license fee that was paid before the termination.

Sec. 18.

Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Electric vehicle capable space. new text end

new text begin "Electric vehicle capable space" means a
designated automobile parking space that has electrical infrastructure, including but not
limited to raceways, cables, electrical capacity, and panelboard or other electrical distribution
space necessary for the future installation of an electric vehicle charging station.
new text end

Sec. 19.

Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision
to read:

new text begin Subd. 6b. new text end

new text begin Electric vehicle charging station. new text end

new text begin "Electric vehicle charging station" means
a designated automobile parking space that has a dedicated connection for charging an
electric vehicle.
new text end

Sec. 20.

Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision
to read:

new text begin Subd. 6c. new text end

new text begin Electric vehicle ready space. new text end

new text begin "Electric vehicle ready space" means a designated
automobile parking space that has a branch circuit capable of supporting the installation of
an electric vehicle charging station.
new text end

Sec. 21.

Minnesota Statutes 2022, section 326B.103, is amended by adding a subdivision
to read:

new text begin Subd. 10a. new text end

new text begin Parking facilities. new text end

new text begin "Parking facilities" includes parking lots, garages, ramps,
or decks.
new text end

Sec. 22.

Minnesota Statutes 2022, section 326B.103, subdivision 13, is amended to read:

Subd. 13.

State licensed facility.

"State licensed facility" means a building and its
grounds that are licensed by the state as a hospital, nursing home, supervised living facility,
new text begin assisted living facility, including assisted living facility with dementia care, new text end free-standing
outpatient surgical center, correctional facility, boarding care home, or residential hospice.

Sec. 23.

Minnesota Statutes 2022, section 326B.106, subdivision 1, is amended to read:

Subdivision 1.

Adoption of code.

(a) Subject to paragraphs (c) and (d) and sections
326B.101 to 326B.194, the commissioner shall by rule and in consultation with the
Construction Codes Advisory Council establish a code of standards for the construction,
reconstruction, alteration, and repair of buildings, governing matters of structural materials,
design and construction, fire protection, health, sanitation, and safety, including design and
construction standards regarding heat loss control, illumination, and climate control. The
code must also include duties and responsibilities for code administration, including
procedures for administrative action, penalties, and suspension and revocation of certification.
The code must conform insofar as practicable to model building codes generally accepted
and in use throughout the United States, including a code for building conservation. In the
preparation of the code, consideration must be given to the existing statewide specialty
codes presently in use in the state. Model codes with necessary modifications and statewide
specialty codes may be adopted by reference. The code must be based on the application
of scientific principles, approved tests, and professional judgment. To the extent possible,
the code must be adopted in terms of desired results instead of the means of achieving those
results, avoiding wherever possible the incorporation of specifications of particular methods
or materials. To that end the code must encourage the use of new methods and new materials.
Except as otherwise provided in sections 326B.101 to 326B.194, the commissioner shall
administer and enforce the provisions of those sections.

(b) The commissioner shall develop rules addressing the plan review fee assessed to
similar buildings without significant modifications including provisions for use of building
systems as specified in the industrial/modular program specified in section 326B.194.
Additional plan review fees associated with similar plans must be based on costs
commensurate with the direct and indirect costs of the service.

(c) Beginning with the 2018 edition of the model building codes and every six years
thereafter, the commissioner shall review the new model building codes and adopt the model
codes as amended for use in Minnesota, within two years of the published edition date. The
commissioner may adopt amendments to the building codes prior to the adoption of the
new building codes to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or the use of a building.

(d) Notwithstanding paragraph (c), the commissioner shall act on each new model
residential energy code and the new model commercial energy code in accordance with
federal law for which the United States Department of Energy has issued an affirmative
determination in compliance with United States Code, title 42, section 6833. new text begin The
commissioner shall consider amendments to the model energy codes that mitigate the impact
of climate change and reduce greenhouse gas emissions by increasing and optimizing energy
efficiency and improving resiliency of new buildings and existing buildings undergoing
additions, alterations, and changes of use. new text end The commissioner may adopt amendments prior
to adoption of the new energy codes, as amended for use in Minnesota, to advance
construction methods, technology, or materials, or, where necessary to protect the health,
safety, and welfare of the public, or to improve the efficiency or use of a building.

new text begin (e) Beginning in 2024, the commissioner shall act on the new model commercial energy
code by adopting each new published edition of ASHRAE 90.1 or a more efficient standard.
The commercial energy code in effect in 2036 and thereafter must achieve an 80 percent
reduction in annual net energy consumption or greater, using the ASHRAE 90.1-2004 as a
baseline. The commissioner shall adopt commercial energy codes from 2024 to 2036 that
incrementally move toward achieving the 80 percent reduction in annual net energy
consumption. By January 15 of the year following each new code adoption, the commissioner
shall make a report on progress under this section to the legislative committees with
jurisdiction over the energy code.
new text end

new text begin (f) Nothing in this section shall be interpreted to limit the ability of a public utility to
offer code support programs, or to claim energy savings resulting from such programs,
through its energy conservation and optimization plans approved by the commissioner of
commerce under section 216B.241.
new text end

Sec. 24.

Minnesota Statutes 2022, section 326B.106, subdivision 4, is amended to read:

Subd. 4.

Special requirements.

(a) Space for commuter vans. The code must require
that any parking ramp or other parking facility constructed in accordance with the code
include an appropriate number of spaces suitable for the parking of motor vehicles having
a capacity of seven to 16 persons and which are principally used to provide prearranged
commuter transportation of employees to or from their place of employment or to or from
a transit stop authorized by a local transit authority.

(b) Smoke detection devices. The code must require that all dwellings, lodging houses,
apartment houses, and hotels as defined in section 299F.362 comply with the provisions of
section 299F.362.

(c) Doors in nursing homes and hospitals. The State Building Code may not require
that each door entering a sleeping or patient's room from a corridor in a nursing home or
hospital with an approved complete standard automatic fire extinguishing system be
constructed or maintained as self-closing or automatically closing.

(d) Child care facilities in churches; ground level exit. A licensed day care center
serving fewer than 30 preschool age persons and which is located in a belowground space
in a church building is exempt from the State Building Code requirement for a ground level
exit when the center has more than two stairways to the ground level and its exit.

(e) Family and group family day care. Until the legislature enacts legislation specifying
appropriate standards, the definition of dwellings constructed in accordance with the
International Residential Code as adopted as part of the State Building Code applies to
family and group family day care homes licensed by the Department of Human Services
under Minnesota Rules, chapter 9502.

(f) Enclosed stairways. No provision of the code or any appendix chapter of the code
may require stairways of existing multiple dwelling buildings of two stories or less to be
enclosed.

(g) Double cylinder dead bolt locks. No provision of the code or appendix chapter of
the code may prohibit double cylinder dead bolt locks in existing single-family homes,
townhouses, and first floor duplexes used exclusively as a residential dwelling. Any
recommendation or promotion of double cylinder dead bolt locks must include a warning
about their potential fire danger and procedures to minimize the danger.

(h) Relocated residential buildings. A residential building relocated within or into a
political subdivision of the state need not comply with the State Energy Code or section
326B.439 provided that, where available, an energy audit is conducted on the relocated
building.

(i) Automatic garage door opening systems. The code must require all residential
buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82
and 325F.83.

(j) Exterior wood decks, patios, and balconies. The code must permit the decking
surface and upper portions of exterior wood decks, patios, and balconies to be constructed
of (1) heartwood from species of wood having natural resistance to decay or termites,
including redwood and cedars, (2) grades of lumber which contain sapwood from species
of wood having natural resistance to decay or termites, including redwood and cedars, or
(3) treated wood. The species and grades of wood products used to construct the decking
surface and upper portions of exterior decks, patios, and balconies must be made available
to the building official on request before final construction approval.

(k) Bioprocess piping and equipment. No permit fee for bioprocess piping may be
imposed by municipalities under the State Building Code, except as required under section
326B.92 subdivision 1. Permits for bioprocess piping shall be according to section 326B.92
administered by the Department of Labor and Industry. All data regarding the material
production processes, including the bioprocess system's structural design and layout, are
nonpublic data as provided by section 13.7911.

(l) Use of ungraded lumber. The code must allow the use of ungraded lumber in
geographic areas of the state where the code did not generally apply as of April 1, 2008, to
the same extent that ungraded lumber could be used in that area before April 1, 2008.

(m) Window cleaning safety. deleted text begin The code must require the installation of dedicated
anchorages for the purpose of suspended window cleaning on (1) new buildings four stories
or greater; and (2) buildings four stories or greater, only on those areas undergoing
reconstruction, alteration, or repair that includes the exposure of primary structural
components of the roof. deleted text end new text begin The commissioner shall adopt rules, using the expedited rulemaking
process in section 14.389, requiring window cleaning safety features that comply with a
nationally recognized standard as part of the State Building Code. Window cleaning safety
features shall be provided for all windows on:
new text end

new text begin (1) new buildings where determined by the code; and
new text end

new text begin (2) existing buildings undergoing alterations where both of the following conditions are
met:
new text end

new text begin (i) the windows do not currently have safe window cleaning features; and
new text end

new text begin (ii) the proposed work area being altered can include provisions for safe window cleaning.
new text end

deleted text begin The commissioner may waive all or a portion of the requirements of this paragraph
related to reconstruction, alteration, or repair, if the installation of dedicated anchorages
would not result in significant safety improvements due to limits on the size of the project,
or other factors as determined by the commissioner.
deleted text end

Sec. 25.

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

new text begin Subd. 16. new text end

new text begin Electric vehicle charging. new text end

new text begin The code shall require a minimum number of
electric vehicle ready spaces, electric vehicle capable spaces, and electric vehicle charging
stations either within or adjacent to new commercial and multifamily structures that provide
on-site parking facilities. Residential structures with fewer than four dwelling units are
exempt from this subdivision.
new text end

Sec. 26. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 177.26, subdivision 3, new text end new text begin is repealed.
new text end

ARTICLE 9

PUBLIC EMPLOYMENT RELATIONS BOARD

Section 1.

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

Subd. 6.

Access by labor organizations new text begin , Bureau of Mediation Services, Public
Employment Relations Board new text end .

Personnel data may be disseminated to labor organizations
new text begin and the Public Employment Relations Board new text end to the extent that the responsible authority
determines that the dissemination is necessary to conduct elections, notify employees of
fair share fee assessments, and implement the provisions of chapters 179 and 179A. Personnel
data shall be disseminated to labor organizations new text begin , the Public Employment Relations Board, new text end
and deleted text begin to deleted text end the Bureau of Mediation Services to the extent the dissemination is ordered or
authorized by the commissioner of the Bureau of Mediation Services new text begin or the Public
Employment Relations Board or its employees or agents new text end .

Sec. 2.

new text begin [13.7909] PUBLIC EMPLOYMENT RELATIONS BOARD DATA.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "board" means the Public
Employment Relations Board.
new text end

new text begin Subd. 2. new text end

new text begin Charge and complaint data. new text end

new text begin (a) Except as provided in paragraphs (b) and (c),
all data maintained by the board about a charge or complaint of unfair labor practices and
appeals of determinations of the commissioner under section 179A.12, subdivision 11, are
classified as protected nonpublic data or confidential data prior to being admitted into
evidence at a hearing conducted pursuant to section 179A.13. Data that are admitted into
evidence at a hearing conducted pursuant to section 179A.13 are public unless subject to a
protective order as determined by the board or a hearing officer.
new text end

new text begin (b) Statements by individuals that are provided to the board are private data on
individuals, as defined by section 13.02, subdivision 12, prior to being admitted into evidence
at a hearing conducted pursuant to section 179A.13, and become public once admitted into
evidence.
new text end

new text begin (c) The following data are public at all times:
new text end

new text begin (1) the filing date of unfair labor practice charges;
new text end

new text begin (2) the status of unfair labor practice charges as an original or amended charge;
new text end

new text begin (3) the names and job classifications of charging parties and charged parties;
new text end

new text begin (4) the provisions of law alleged to have been violated in unfair labor practice charges;
new text end

new text begin (5) the complaint issued by the board and all data in the complaint; and
new text end

new text begin (6) unless subject to a protective order:
new text end

new text begin (i) the full and complete record of an evidentiary hearing before a hearing officer,
including the hearing transcript, exhibits admitted into evidence, and posthearing briefs;
new text end

new text begin (ii) recommended decisions and orders of hearing officers pursuant to section 179A.13,
subdivision 1, paragraph (i);
new text end

new text begin (iii) exceptions to the hearing officer's recommended decision and order filed with the
board pursuant to section 179A.13, subdivision 1, paragraph (k);
new text end

new text begin (iv) party and nonparty briefs filed with the board; and
new text end

new text begin (v) decisions and orders issued by the board.
new text end

new text begin (d) The board may make any data classified as private, protected nonpublic, or
confidential pursuant to this subdivision accessible to any person or party if the access will
aid the implementation of chapters 179 and 179A or ensure due process protection of the
parties.
new text end

Sec. 3.

Minnesota Statutes 2022, section 179A.041, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Open Meeting Law; exceptions. new text end

new text begin Chapter 13D does not apply to meetings of
the board when it is deliberating on the merits of unfair labor practice charges under sections
179.11, 179.12, and 179A.13; reviewing a recommended decision and order of a hearing
officer under section 179A.13; or reviewing decisions of the commissioner of the Bureau
of Mediation Services relating to unfair labor practices under section 179A.12, subdivision
11.
new text end

new text begin EFFECTIVE DATE. new text end

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

APPENDIX

Repealed Minnesota Statutes: 23-04356

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.

181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.

(a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in section 181.940, subdivision 4, adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent, for reasonable periods of time as the employee's attendance may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets.

(b) An employee may use sick leave as allowed under this section for safety leave, whether or not the employee's employer allows use of sick leave for that purpose for such reasonable periods of time as may be necessary. Safety leave may be used for assistance to the employee or assistance to the relatives described in paragraph (a). For the purpose of this section, "safety leave" is leave for the purpose of providing or receiving assistance because of sexual assault, domestic abuse, or harassment or stalking. For the purpose of this paragraph:

(1) "domestic abuse" has the meaning given in section 518B.01;

(2) "sexual assault" means an act that constitutes a violation under sections 609.342 to 609.3453 or 609.352; and

(3) "harass" and "stalking" have the meanings given in section 609.749.

(c) An employer may limit the use of safety leave as described in paragraph (b) or personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's adult child, spouse, sibling, parent, mother-in-law, father-in-law, grandchild, grandparent, or stepparent to no less than 160 hours in any 12-month period. This paragraph does not apply to absences due to the illness or injury of a child, as defined in section 181.940, subdivision 4.

(d) For purposes of this section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits.

(e) For the purpose of this section, "child" includes a stepchild and a biological, adopted, and foster child.

(f) For the purpose of this section, "grandchild" includes a step-grandchild, and a biological, adopted, and foster grandchild.

(g) This section does not prevent an employer from providing greater sick leave benefits than are provided for under this section.

(h) An employer shall not retaliate against an employee for requesting or obtaining a leave of absence under this section.