Minnesota Legislature
HF 4177
1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/08/2022 12:21pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/10/2022 | |
| 1st Engrossment | Posted on 04/08/2022 |
Current Version - 1st Engrossment
1.23 1.24
1.25 1.26 1.27 1.28 1.29 1.30 2.1 2.2 2.3 2.4 2.5 2.6
2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23
4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31
4.32 5.1 5.2 5.3 5.4 5.5
5.6 5.7
5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21
5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32
6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19
6.20 6.21
6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3
7.4 7.5 7.6 7.7
7.8 7.9 7.10 7.11
7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27
7.28 7.29 7.30 7.31 8.1 8.2 8.3 8.4 8.5
8.6 8.7 8.8 8.9 8.10 8.11
8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30
9.31 9.32
10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32
11.1 11.2
11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11
12.12 12.13 12.14 12.15 12.16 12.17
12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 12.33 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26
13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32
16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 17.1 17.2 17.3 17.4 17.5
17.6 17.7
17.8 17.9 17.10 17.11 17.12 17.13
17.14 17.15 17.16 17.17
17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31
18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5
19.6 19.7 19.8 19.9
19.10 19.11
19.12 19.13 19.14 19.15 19.16 19.17
19.18
19.19 19.20 19.21 19.22 19.23 19.24 19.25
19.26
19.27 19.28 19.29 20.1 20.2
20.3
20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11
20.12
20.13 20.14 20.15 20.16
20.17
20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 21.1 21.2 21.3 21.4 21.5
21.6
21.7 21.8 21.9
21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28
21.29 21.30 21.31
22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22
22.23 22.24 22.25 22.26 22.27 22.28 22.29
23.1 23.2 23.3 23.4
23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20
23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17
24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29
25.1 25.2 25.3 25.4 25.5
25.6 25.7 25.8
25.9 25.10 25.11 25.12 25.13
25.14 25.15 25.16 25.17 25.18
25.19 25.20 25.21 25.22 25.23
25.24 25.25 25.26 25.27 25.28 25.29 25.30 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14
26.15 26.16 26.17 26.18
26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9
27.10 27.11 27.12 27.13 27.14
27.15 27.16 27.17 27.18 27.19 27.20 27.21
27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10
28.11 28.12 28.13 28.14 28.15
28.16 28.17
28.18 28.19 28.20 28.21 28.22 28.23 28.24
28.25 28.26 28.27 28.28 28.29 28.30 28.31 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20
29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9
30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18
31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17
33.18 33.19 33.20 33.21 33.22 33.23 33.24
33.25 33.26 33.27 33.28 33.29 33.30 33.31 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30
35.1 35.2 35.3
35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27
35.28 35.29 35.30
36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16
36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8
38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16
38.17 38.18
38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28
38.29 38.30 38.31 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26
39.27 39.28 39.29 39.30 39.31 40.1 40.2
40.3
40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14
40.15
40.16 40.17
40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 41.1 41.2 41.3
41.4
41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32
42.33
43.1 43.2
43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28
45.29 45.30 45.31 45.32 45.33 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20
A bill for an act
relating to state government; appropriating money for the Department of Labor
and Industry, Workers' Compensation Court of Appeals, and Bureau of Mediation
Services; making policy and technical changes; making OSHA penalty conformity
changes; establishing fair labor standards for agricultural workers; regulating
combative sports; modifying the Public Employment Relations Board; establishing
refinery safety requirements; establishing agriculture worker wellness provisions;
requiring reports; requiring rulemaking; amending Minnesota Statutes 2020,
sections 13.43, subdivision 6; 175.16, subdivision 1; 177.26; 177.27, subdivision
4; 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; 181.9435, subdivision 1; 181.9436; 182.666,
subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 326B.103, subdivision 13;
326B.106, subdivisions 1, 4; 326B.163, subdivision 5, by adding a subdivision;
326B.164, subdivision 13; 326B.36, subdivision 7; 341.21, subdivision 7; 341.221;
341.25; 341.28; 341.30, subdivision 4; 341.32, subdivision 2; 341.321; 341.33;
341.355; Minnesota Statutes 2021 Supplement, sections 326B.092, subdivision
7; 326B.153, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 13; 179; 181; 341.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns under "Appropriations" are added to the appropriations
in Laws 2021, First Special Session chapter 10, or other law to the specified agencies. The
appropriations are from the general fund, or another named fund, and are available for the
fiscal years indicated for each purpose. The figures "2022" and "2023" used in this article
mean that the appropriations listed under them are available for the fiscal year ending June
30, 2022, or June 30, 2023, respectively. Appropriations for the fiscal year ending June 30,
2022, are effective the day following final enactment.
new text end
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new text begin
APPROPRIATIONS new text end |
||||||
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new text begin
Available for the Year new text end |
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new text begin
Ending June 30 new text end |
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new text begin
2022 new text end |
new text begin
2023 new text end |
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Sec. 2. new text begin DEPARTMENT OF LABOR AND
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new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
8,583,000 new text end |
||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2022 new text end |
new text begin
2023 new text end |
|
|
new text begin
General new text end |
new text begin
-0- new text end |
new text begin
5,450,000 new text end |
|
new text begin
Workers' Compensation new text end |
new text begin
-0- new text end |
new text begin
-0- new text end |
|
new text begin
Workforce Development new text end |
new text begin
-0- new text end |
new text begin
3,133,000 new text end |
new text begin Subd. 2. new text end
new text begin
Labor Standards and Apprenticeship
|
new text begin
-0- new text end |
new text begin
4,279,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2022 new text end |
new text begin
2023 new text end |
|
|
new text begin
General Fund new text end |
new text begin
-0- new text end |
new text begin
1,146,000 new text end |
|
new text begin
Workforce Development new text end |
new text begin
-0- new text end |
new text begin
3,133,000 new text end |
new text begin
(a) $1,059,000 in fiscal year 2023 is from the
workforce development fund for labor
education and advancement program grants
under Minnesota Statutes, section 178.11, to
expand and promote registered apprenticeship
training for people of color, Indigenous
people, and women. Of this amount:
new text end
new text begin
(1) $159,000 is available for program
administration; and
new text end
new text begin
(2) at least $500,000 must be awarded to
community-based organizations.
new text end
new text begin
(b) $316,000 is from the workforce
development fund for administration of the
apprenticeship program under Minnesota
Statutes, chapter 178.
new text end
new text begin
(c) $1,758,000 in fiscal year 2023 is from the
workforce development fund for prevailing
wage education and compliance.
new text end
new text begin
(d) $196,000 in fiscal year 2023 is to expand
and strengthen fair labor standards for
agricultural and food processing workers. In
fiscal year 2024 and beyond, the base is
$146,000.
new text end
new text begin
(e) $750,000 in fiscal year 2023 is for the
loggers safety grant program under Laws
2021, First Special Session chapter 10, article
3, section 21. This is a onetime appropriation.
new text end
new text begin
(f) $200,000 in fiscal year 2023 is to establish
a Veterans Liaison Coordinator position in the
Registered Apprenticeship Division. The
position is responsible for collaborating with
Minnesota stakeholders and state and federal
agencies to: promote and increase veterans in
the trades; support initiatives for veterans
seeking a living wage and sustainable
employment; and increase awareness of
registered apprenticeship opportunities in
Minnesota. Of this amount, up to $150,000 is
for salary and benefits for the position, and
$50,000 is for administrative support services,
marketing, and paid communications. The
base for this appropriation is $180,000 in fiscal
year 2024 and $160,000 in fiscal year 2025.
new text end
new text begin Subd. 3. new text end
new text begin
Workforce Development Initiatives
|
new text begin
-0- new text end |
new text begin
747,000 new text end |
||||
new text begin
(a) $500,000 in fiscal year 2023 is for youth
skills training grants under Minnesota Statutes,
section 175.46.
new text end
new text begin
(b) $247,000 in fiscal year 2023 is for
administration of the youth skills training
grants under Minnesota Statutes, section
175.46. In fiscal year 2024, the base for this
appropriation is $258,000. In fiscal year 2025,
the base for this appropriation is $270,000.
new text end
new text begin Subd. 4. new text end
new text begin
Combative Sports
|
new text begin
-0- new text end |
new text begin
150,000 new text end |
||||
new text begin Subd. 5. new text end
new text begin
Transfer to Construction Code Fund
|
new text begin
-0- new text end |
new text begin
2,900,000 new text end |
||||
new text begin
$2,900,000 in fiscal year 2023 is for transfer
to the construction code fund under Minnesota
Statutes, section 326B.04, subdivision 1. In
fiscal year 2024, the base for this appropriation
is $4,477,000. In fiscal year 2025, the base for
this appropriation is $0.
new text end
new text begin Subd. 6. new text end
new text begin
Agricultural Worker Wellness
|
new text begin
-0- new text end |
new text begin
507,000 new text end |
||||
new text begin
(a) $255,000 in fiscal year 2023 is for the
ombudsperson for the safety, health, and
well-being of agricultural and food processing
workers under Minnesota Statutes, section
179.911.
new text end
new text begin
(b) $252,000 in fiscal year 2023 is for the
agricultural worker wellness committee under
Minnesota Statutes, section 179.912.
new text end
Sec. 3. new text begin WORKERS' COMPENSATION COURT
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
300,000 new text end |
||
new text begin
(a) This appropriation is from the workers'
compensation fund. Of this amount, $100,000
is for rulemaking. This appropriation is
onetime.
new text end
new text begin
(b) In fiscal years 2024 and 2025, $200,000
is added to the agency's base.
new text end
Sec. 4. new text begin BUREAU OF MEDIATION SERVICES
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
400,000 new text end |
||
new text begin
This appropriation is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041. In
fiscal years 2024 and 2025, the base is
$525,000.
new text end
ARTICLE 2
LABOR AND INDUSTRY POLICY AND TECHNICAL
Section 1.
Minnesota Statutes 2020, 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 Standardsnew 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 2020, section 177.26, is amended to read:
177.26 DIVISION OF LABOR STANDARDS.
Subdivision 1.
Creation.
The Division of Labor Standards deleted text begin and Apprenticeshipdeleted text end in the
Department of Labor and Industry is supervised and controlled by the commissioner of
labor and industry.
Subd. 2.
Powers and duties.
The Division of Labor Standards deleted text begin and Apprenticeshipdeleted text end shall
administer this chapter and chapters deleted text begin 178,deleted text end 181, 181A, and 184.
deleted text begin Subd. 3. deleted text end
deleted text begin Employees; transfer from Division of Women and Children. deleted text end
deleted text begin
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.
deleted text end
Sec. 3.
Minnesota Statutes 2020, 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 anddeleted text end 181.939 to 181.943, deleted text begin ordeleted text end new text begin 181.991, andnew text end with any rule
promulgated under section 177.28. The commissioner shall issue an order requiring an
employer to comply with sections 177.41 to 177.435 if the violation is repeated. For purposes
of this subdivision only, a violation is repeated if at any time during the two years that
preceded the date of violation, the commissioner issued an order to the employer for violation
of sections 177.41 to 177.435 and the order is final or the commissioner and the employer
have entered into a settlement agreement that required the employer to pay back wages that
were required by sections 177.41 to 177.435. The department shall serve the order upon the
employer or the employer's authorized representative in person or by certified mail at the
employer's place of business. An employer who wishes to contest the order must file written
notice of objection to the order with the commissioner within 15 calendar days after being
served with the order. A contested case proceeding must then be held in accordance with
sections 14.57 to 14.69. If, within 15 calendar days after being served with the order, the
employer fails to file a written notice of objection with the commissioner, the order becomes
a final order of the commissioner.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to franchise agreements entered into or amended on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2020, 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 anddeleted 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 2020, section 178.011, subdivision 7, is amended to read:
Sec. 6.
Minnesota Statutes 2020, 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 anddeleted 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 2020, 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 participationnew text begin or retentionnew text end of deleted text begin minoritiesdeleted text end new text begin people of color,
Indigenous people,new text end and women in deleted text begin apprenticeable trades and occupationsdeleted text end new text begin registered
apprenticeship programsnew text end . The commissioner shall award grants to community-based new text begin and
nonprofit new text end organizationsnew 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 2020, section 181.9435, subdivision 1, is amended to read:
Subdivision 1.
Investigation.
The Division of Labor Standards deleted text begin and Apprenticeshipdeleted 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 2020, section 181.9436, is amended to read:
181.9436 POSTING OF LAW.
The Division of Labor Standards deleted text begin and Apprenticeshipdeleted 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.
new text begin
[181.988] COVENANTS NOT TO COMPETE VOID IN EMPLOYMENT
AGREEMENTS; SUBSTANTIVE PROTECTIONS OF MINNESOTA LAW APPLY.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) "Covenant not to compete" means an agreement between
an employee and employer that restricts the employee, after termination of the employment,
from performing:
new text end
new text begin
(1) work for another employer for a specified period of time;
new text end
new text begin
(2) work in a specified geographical area; or
new text end
new text begin
(3) work for another employer in a capacity that is similar to the employee's work for
the employer that is party to the agreement.
new text end
new text begin
(b) "Employer" means any individual, partnership, association, corporation, business
trust, or any person or group of persons acting directly or indirectly in the interest of an
employer in relation to an employee.
new text end
new text begin Subd. 2. new text end
new text begin Covenants not to compete void and unenforceable. new text end
new text begin
(a) Subject to the exception
in paragraph (b), any covenant not to compete contained in a contract or agreement is void
and unenforceable.
new text end
new text begin
(b) Notwithstanding paragraph (a), a covenant not to compete between an employer and
employee is valid and enforceable if:
new text end
new text begin
(1) the employee earned an annual salary from the employer at least equal to the median
family income for a four-person family in Minnesota, as determined by the United States
Census Bureau, for the most recent year available at the time of the employee's termination;
and
new text end
new text begin
(2) the employer agrees to pay the employee on a pro rata basis during the entirety of
the restricted period of the covenant not to compete at least 50 percent of the employee's
highest annualized base salary paid by the employer within the two years preceding the
employee's separation from employment.
new text end
new text begin
(c) Nothing in this subdivision shall be construed to render void or unenforceable any
other provisions in a contract or agreement containing a void or unenforceable covenant
not to compete.
new text end
new text begin
(d) In addition to injunctive relief and any other remedies available, a court may award
an employee who is enforcing rights under this section reasonable attorney fees.
new text end
new text begin Subd. 3. new text end
new text begin Choice of law; venue. new text end
new text begin
(a) An employer must not require an employee who
primarily resides and works in Minnesota, as a condition of employment, to agree to a
provision in an agreement or contract that would do either of the following:
new text end
new text begin
(1) require the employee to adjudicate outside of Minnesota a claim arising in Minnesota;
or
new text end
new text begin
(2) deprive the employee of the substantive protection of Minnesota law with respect to
a controversy arising in Minnesota.
new text end
new text begin
(b) Any provision of a contract or agreement that violates paragraph (a) is voidable at
any time by the employee and if a provision is rendered void at the request of the employee,
the matter shall be adjudicated in Minnesota and Minnesota law shall govern the dispute.
new text end
new text begin
(c) In addition to injunctive relief and any other remedies available, a court may award
an employee who is enforcing rights under this section reasonable attorney fees.
new text end
new text begin
(d) For purposes of this section, adjudication includes litigation and arbitration.
new text end
new text begin
(e) This subdivision shall not apply to a contract with an employee who is in fact
individually represented by legal counsel in negotiating the terms of an agreement to
designate either the venue or forum in which a controversy arising from the employment
contract may be adjudicated or the choice of law to be applied.
new text end
new text begin Subd. 4. new text end
new text begin Severability. new text end
new text begin
If any provision of this section is found to be unconstitutional
and void, the remaining provisions of this section are valid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to contracts and agreements entered into on or after that date.
new text end
Sec. 11.
new text begin
[181.991] RESTRICTIVE FRANCHISE AGREEMENTS PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given them.
new text end
new text begin
(b) "Employee" means an individual employed by an employer and includes independent
contractors.
new text end
new text begin
(c) "Employer" has the meaning given in section 177.23, subdivision 6.
new text end
new text begin
(d) "Franchise," "franchisee," and "franchisor" have the meanings given in section
80C.01, subdivisions 4 to 6.
new text end
new text begin Subd. 2. new text end
new text begin Prohibition on restrictive franchise agreements. new text end
new text begin
(a) No franchisor may
restrict, restrain, or prohibit in any way a franchisee from soliciting or hiring an employee
of a franchisee of the same franchisor.
new text end
new text begin
(b) No franchisor may restrict, restrain, or prohibit in any way a franchisee from soliciting
or hiring an employee of the franchisor.
new text end
new text begin Subd. 3. new text end
new text begin Franchise agreement amendment. new text end
new text begin
Notwithstanding any law to the contrary,
no later than one year from the effective date of this section, franchisors shall amend existing
franchise agreements to remove any restrictive employment provision that violates
subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Civil action; penalties. new text end
new text begin
(a) An employee alleging a violation of this section
may bring a civil action for damages and injunctive relief against the employer.
new text end
new text begin
(b) If the court finds that a franchisor has violated this section, the court shall enter
judgment, grant injunctive relief as deemed appropriate, and award the employee plaintiff
the greater of:
new text end
new text begin
(1) the actual damages incurred by the plaintiff, plus any injunctive relief, costs, and
reasonable attorney fees; or
new text end
new text begin
(2) a $5,000 penalty.
new text end
new text begin
(c) If no civil action is commenced, the commissioner of labor and industry shall assess
a $5,000 per employee penalty for violations of this section. This assessment is in addition
to the commissioner's authority under section 177.27, subdivisions 4 and 7. Any penalty
assessed under this subdivision shall be awarded to the employee plaintiff and not to the
commissioner or the department.
new text end
new text begin Subd. 5. new text end
new text begin Severability. new text end
new text begin
If any provision of this section is found to be unconstitutional
and void, the remaining provisions of this section are valid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to franchise agreements entered into or amended on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2021 Supplement, section 326B.092, subdivision 7, is amended
to read:
Subd. 7.
License fees and license renewal fees.
(a) The license fee for each license is
the base license fee plus any applicable board fee, continuing education fee, and contractor
recovery fund fee and additional assessment, as set forth in this subdivision.
(b) For purposes of this section, "license duration" means the number of years for which
the license is issued except that if the initial license is not issued for a whole number of
years, the license duration shall be rounded up to the next whole number.
(c) If there is a continuing education requirement for renewal of the license, then a
continuing education fee must be included in the renewal license fee. The continuing
education fee for all license classifications is $5.
(d) The base license fee shall depend on whether the license is classified as an entry
level, master, journeyworker, or business license, and on the license duration. The base
license fee shall be:
| License Classification |
License Duration |
||
| 1 year |
2 years |
||
| Entry level |
$10 |
$20 |
|
| Journeyworker |
$20 |
$40 |
|
| Master |
$40 |
$80 |
|
| Business |
$180 |
(e) If the license is issued under sections 326B.31 to 326B.59 or 326B.90 to 326B.925,
then a board fee must be included in the license fee and the renewal license fee. The board
fee for all license classifications shall be: $4 if the license duration is one year; and $8 if
the license duration is two years.
(f) If the application is for the renewal of a license issued under sections 326B.802 to
326B.885, then the contractor recovery fund fee required under section 326B.89, subdivision
3, and any additional assessment required under section 326B.89, subdivision 16, must be
included in the license renewal fee.
(g) Notwithstanding the fee amounts described in paragraphs (d) to (f), for the period
October 1, 2021, through deleted text begin Septemberdeleted text end new text begin Junenew text end 30, deleted text begin 2023deleted text end new text begin 2022new text end , the following fees apply:
| License Classification |
License Duration |
||
| 1 year |
2 years |
||
| Entry level |
$10 |
$20 |
|
| Journeyworker |
$15 |
$30 |
|
| Master |
$30 |
$60 |
|
| Business |
$120 |
new text begin
(h) For the period of July 1, 2022, through June 30, 2024, no fees described in paragraphs
(c) to (e) shall apply, except as described in paragraph (i).
new text end
new text begin
(i) Notwithstanding the fee amounts described in paragraphs (d) to (f), for the period of
October 1, 2021, through September 30, 2023, the base license fee for business licenses
shall be $120.
new text end
Sec. 13.
Minnesota Statutes 2020, 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,
free-standing outpatient surgical center, correctional facility, boarding care home, deleted text begin ordeleted text end
residential hospicenew text begin , or assisted living facility, including assisted living facility with dementia
carenew text end .
Sec. 14.
Minnesota Statutes 2020, 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 act on the new model commercial energy code by adopting each new
published edition and amending it as necessary to achieve a minimum of eight percent
energy efficiency.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.
Sec. 15.
Minnesota Statutes 2020, 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. 16.
Minnesota Statutes 2021 Supplement, section 326B.153, subdivision 1, is amended
to read:
Subdivision 1.
Building permits.
(a) Fees for building permits submitted as required
in section 326B.107 include:
(1) the fee as set forth in the fee schedule in paragraph (b) or as adopted by a municipality;
and
(2) the surcharge required by section 326B.148.
(b) The total valuation and fee schedule is:
(1) $1 to $500, deleted text begin $29.50deleted text end new text begin $21new text end ;
(2) $501 to $2,000, deleted text begin $28deleted text end new text begin $21new text end for the first $500 plus deleted text begin $3.70deleted text end new text begin $2.75new text end for each additional $100
or fraction thereof, to and including $2,000;
(3) $2,001 to $25,000, deleted text begin $83.50deleted text end new text begin $62.25new text end for the first $2,000 plus deleted text begin $16.55deleted text end new text begin $12.50new text end for each
additional $1,000 or fraction thereof, to and including $25,000;
(4) $25,001 to $50,000, deleted text begin $464.15deleted text end new text begin $349.75new text end for the first $25,000 plus deleted text begin $12deleted text end new text begin $9new text end for each
additional $1,000 or fraction thereof, to and including $50,000;
(5) $50,001 to $100,000, deleted text begin $764.15deleted text end new text begin $574.75new text end for the first $50,000 plus deleted text begin $8.45deleted text end new text begin $6.25new text end for
each additional $1,000 or fraction thereof, to and including $100,000;
(6) $100,001 to $500,000, deleted text begin $1,186.65deleted text end new text begin $887.25new text end for the first $100,000 plus deleted text begin $6.75deleted text end new text begin $5new text end for
each additional $1,000 or fraction thereof, to and including $500,000;
(7) $500,001 to $1,000,000, deleted text begin $3,886.65deleted text end new text begin $2,887.25new text end for the first $500,000 plus deleted text begin $5.50deleted text end new text begin $4.25new text end
for each additional $1,000 or fraction thereof, to and including $1,000,000; and
(8) $1,000,001 and up, deleted text begin $6,636.65deleted text end new text begin $5,012.25new text end for the first $1,000,000 plus deleted text begin $4.50deleted text end new text begin $2.75new text end
for each additional $1,000 or fraction thereof.
(c) Other inspections and fees are:
(1) inspections outside of normal business hours (minimum charge two hours), $63.25
per hour;
(2) reinspection fees, $63.25 per hour;
(3) inspections for which no fee is specifically indicated (minimum charge one-half
hour), $63.25 per hour; and
(4) additional plan review required by changes, additions, or revisions to approved plans
(minimum charge one-half hour), $63.25 per hour.
(d) If the actual hourly cost to the jurisdiction under paragraph (c) is greater than $63.25,
then the greater rate shall be paid. Hourly cost includes supervision, overhead, equipment,
hourly wages, and fringe benefits of the employees involved.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from October 1, 2021, and
the amendments to it expire October 1, 2023.
new text end
Sec. 17.
Minnesota Statutes 2020, section 326B.163, subdivision 5, is amended to read:
Subd. 5.
Elevator.
As used in this chapter, "elevator" means moving walks and vertical
transportation devices such as escalators, passenger elevators, freight elevators, dumbwaiters,
hand-powered elevators, endless belt lifts, and deleted text begin wheelchairdeleted text end platform lifts. Elevator does not
include external temporary material lifts or temporary construction personnel elevators at
sites of construction of new or remodeled buildings.
Sec. 18.
Minnesota Statutes 2020, section 326B.163, is amended by adding a subdivision
to read:
new text begin Subd. 5a. new text end
new text begin Platform lift. new text end
new text begin
As used in this chapter, "platform lift" means a powered hoisting
and lowering device designed to transport mobility-impaired persons on a guided platform.
new text end
Sec. 19.
Minnesota Statutes 2020, section 326B.164, subdivision 13, is amended to read:
Subd. 13.
Exemption from licensing.
new text begin (a) new text end Employees of a licensed elevator contractor
or licensed limited elevator contractor are not required to hold or obtain a license under this
section or be provided with direct supervision by a licensed master elevator constructor,
licensed limited master elevator constructor, licensed elevator constructor, or licensed limited
elevator constructor to install, maintain, or repair platform lifts and stairway chairlifts.
Unlicensed employees performing elevator work under this exemption must comply with
subdivision 5. This exemption does not include the installation, maintenance, repair, or
replacement of electrical wiring for elevator equipment.
new text begin
(b) Contractors and individuals shall not be required to hold or obtain a license under
this section when performing work on:
new text end
new text begin
(1) conveyors, including vertical reciprocating conveyors;
new text end
new text begin
(2) platform lifts not covered under section 326B.163, subdivision 5a; or
new text end
new text begin
(3) dock levelers.
new text end
Sec. 20.
Minnesota Statutes 2020, section 326B.36, subdivision 7, is amended to read:
Subd. 7.
Exemptions from inspections.
Installations, materials, or equipment shall not
be subject to inspection under sections 326B.31 to 326B.399:
(1) when owned or leased, operated and maintained by any employer whose maintenance
electricians are exempt from licensing under sections 326B.31 to 326B.399, while performing
electrical maintenance work only as defined by rule;
(2) when owned or leased, and operated and maintained by any electrical,
communications, or railway utility, cable communications company as defined in section
238.02, or telephone company as defined under section 237.01, in the exercise of its utility,
antenna, or telephone function; and
(i) are used exclusively for the generations, transformation, distribution, transmission,
new text begin load control, new text end or metering of electric current, or the operation of railway signals, or the
transmission of intelligence, and do not have as a principal function the consumption or use
of electric current by or for the benefit of any person other than such utility, cable
communications company, or telephone company; and
(ii) are generally accessible only to employees of such utility, cable communications
company, or telephone company or persons acting under its control or direction; and
(iii) are not on the load side of the service point or point of entrance for communication
systemsnew text begin , except for replacement or repair of load management equipment located on the
exterior of a building for an electric utility other than a public utility as defined in section
216B.02, subdivision 4, before December 31, 2027, by a Class A electrical contractor
licensed under section 326B.33new text end ;
(3) when used in the street lighting operations of an electrical utility;
(4) when used as outdoor area lights which are owned and operated by an electrical
utility and which are connected directly to its distribution system and located upon the
utility's distribution poles, and which are generally accessible only to employees of such
utility or persons acting under its control or direction;
(5) when the installation, material, and equipment are in facilities subject to the
jurisdiction of the federal Mine Safety and Health Act; or
(6) when the installation, material, and equipment is part of an elevator installation for
which the elevator contractor, licensed under section 326B.164, is required to obtain a permit
from the authority having jurisdiction as provided by section 326B.184, and the inspection
has been or will be performed by an elevator inspector certified and licensed by the
department. This exemption shall apply only to installations, material, and equipment
permitted or required to be connected on the load side of the disconnecting means required
for elevator equipment under National Electrical Code Article 620, and elevator
communications and alarm systems within the machine room, car, hoistway, or elevator
lobby.
Sec. 21. new text begin LAWS CHAPTER 32 EFFECTIVE DATE.
new text end
new text begin
Notwithstanding any other law to the contrary, Laws 2022, chapter 32, articles 1 and 2,
sections 1 to 12, are effective the day following final enactment, and Laws 2022, chapter
32, article 1, section 1, applies to appointments made on or after that date.
new text end
ARTICLE 3
OSHA PENALTY CONFORMANCE
Section 1.
Minnesota Statutes 2020, 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 $70,000deleted text end new text begin $145,027new text end for each violation. The minimum fine for a willful violation is
deleted text begin $5,000deleted text end new text begin $10,360new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 2.
Minnesota Statutes 2020, 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 $7,000deleted text end new text begin $14,502new 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 $25,000new text begin for each violationnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 3.
Minnesota Statutes 2020, 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 $7,000deleted text end new text begin $14,502new text end for each violation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 4.
Minnesota Statutes 2020, 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 $7,000deleted text end new text begin $14,502new text end for each day during which the failure or violation
continues.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 5.
Minnesota Statutes 2020, 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 $7,000deleted text end new text begin $14,502new text end for each violation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
Sec. 6.
Minnesota Statutes 2020, 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 2022, 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 through 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
through 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 through 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2022.
new text end
ARTICLE 4
FAIR LABOR STANDARDS FOR AGRICULTURAL AND FOOD PROCESSING
WORKERS
Section 1.
Minnesota Statutes 2020, 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, new text begin 181.86 to 181.88, 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 2020, 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 2020, 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 eitherdeleted text end new text begin bothnew text end person to person deleted text begin ordeleted text end new text begin andnew 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 positiondeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(6) 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 discriminationdeleted 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 requirements under this subdivision are in addition to the requirements under
section 181.032.
new text end
Sec. 4.
Minnesota Statutes 2020, 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.
new text end
Sec. 5.
Minnesota Statutes 2020, 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.
new text end
Sec. 6.
Minnesota Statutes 2020, 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 fivedeleted text end new text begin threenew text end days thereafter.
Sec. 7.
Minnesota Statutes 2020, 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 employmentnew text begin
or of the possibility of employmentnew 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 2020, 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 another language if the person's
preferred language is not Spanish, new text end dated and signed by the employer and the person recruited,
and maintained by the employer for deleted text begin twodeleted text end new text begin threenew 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 2020, 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 $500deleted text end new text begin $1,000new 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 $750deleted text end new text begin $1,400new text end
or three times actual damages for a person injured by an intentional violation of this section.
Sec. 10.
Minnesota Statutes 2020, 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 $200deleted text end new text begin $400new text end or more than deleted text begin $500deleted text end new text begin $1,000new text end for each violation of this section.
Sec. 11.
Minnesota Statutes 2020, 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 Spanishnew text begin and additional languages
upon requestnew text end .
Sec. 12.
Minnesota Statutes 2020, 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 marketnew text begin , as well as labor performed in agriculture as defined in Minnesota
Rules, part 5200.0260new text end .
Sec. 13.
Minnesota Statutes 2020, section 181.85, subdivision 4, is amended to read:
Subd. 4.
Employer.
"Employer" means deleted text begin a processor of fruits or vegetablesdeleted text end new text begin an individual,
partnership, association, corporation, business trust, or any person or group of personsnew text end that
employs, either directly or indirectly through a recruiter, deleted text begin more than 30deleted text end migrant workers deleted text begin per
day for more than seven days in any calendar yeardeleted text end .
Sec. 14.
Minnesota Statutes 2020, 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 Spanishnew text begin , or another language if the
worker's preferred language is not Spanishnew 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 provideddeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(9) 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 requirements under this subdivision are in addition to the requirements under
section 181.032.
new text end
Sec. 15.
Minnesota Statutes 2020, 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
daysnew text begin unless payment is required sooner pursuant to section 181.13new text end .
Sec. 16.
Minnesota Statutes 2020, 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 or state new text end minimum wage, whichever is deleted text begin higherdeleted text end new text begin highestnew 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 address, 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 $5deleted text end new text begin $16new text end for
each such day.
Sec. 17.
Minnesota Statutes 2020, 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 2020, 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 todeleted text end new text begin fornew text end every individual migrant worker recruited by
that employerdeleted text begin ,deleted text end new text begin as required by section 177.30new text end and shall deleted text begin preserve the recordsdeleted text end new text begin also maintain
the employment statements required under section 181.86new text end for a period of at least three years.
Sec. 19.
Minnesota Statutes 2020, 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 $50deleted text end new text begin $200new 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 $250deleted text end new text begin $800new 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 $250deleted text end new text begin $800new 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 $500deleted text end new text begin $1,600new 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 $500deleted text end new text begin $1,600new 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 2020, 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
COMBATIVE SPORTS
Section 1.
Minnesota Statutes 2020, 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. 2.
Minnesota Statutes 2020, 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 ninedeleted text end new text begin fivenew 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 fourdeleted text end new text begin All fivenew text end members must have knowledge
of the deleted text begin boxingdeleted text end new text begin combative sportsnew text end industry. deleted text begin At least four members must have knowledge of
the mixed martial arts industry.deleted 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 shall be 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. 3.
Minnesota Statutes 2020, 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.
(c) The commissioner must adopt unified rules for mixed martial arts contests.
(d) The commissioner may adopt the rules of the Association of Boxing Commissions,
with amendments.
(e) 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,deleted text end are 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
(f) The most recent version of the Unified Rules of Boxing, as promulgated by the
Association of Boxing Commissions, are incorporated by reference and made a part of this
chapter except as modified 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
Sec. 4.
Minnesota Statutes 2020, section 341.28, is amended to read:
341.28 REGULATION OF COMBATIVE SPORT CONTESTS.
Subdivision 1.
Regulatory authority; combative sports.
All combative sport contests
within this state must be conducted according to the requirements of this chapter.
Subd. 1a.
Regulatory authority; new text begin professional new text end boxing contests.
All professional boxing
contests are subject to this chapter. Every combatant in a boxing contest shall wear padded
gloves that weigh at least eight ounces. Officials at all boxing contests must be licensed
under this chapter.
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
deleted text begin Association of Boxing Commissions rulesdeleted text end new text begin the most recent version of the Unified Rules of
Boxing, as promulgated by the Association of Boxing Commissionsnew 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.
Subd. 3.
Regulatory authority; mixed martial arts contests; similar sporting
events.
All professional and amateur mixed martial arts contestsdeleted 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
eventsdeleted text end are subject to this chapter and all officials at these events must be licensed under this
chapter.
new text begin Subd. 4. 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) All martial arts and amateur boxing contests must be regulated by the Thai Boxing
Association, International Sports Karate Association, World Kickboxing Association, United
States Muay Thai Association, United States Muay Thai Federation, World Association of
Kickboxing Organizations, International Kickboxing Federation, USA Boxing, or an
organization that governs interscholastic athletics under subdivision 5.
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, it must submit to the commissioner, within 72 hours after the event, a
list of any suspensions resulting from the event.
new text end
new text begin Subd. 5. new text end
new text begin Regulatory authority; certain students. new text end
new text begin
Combative sport 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. 5.
Minnesota Statutes 2020, 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 shalldeleted 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 approveddeleted text end new text begin
prescribednew 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 ordeleted 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 adeleted text end current medical deleted text begin examinationdeleted text end new text begin examinationsnew text end
on forms deleted text begin furnished or approveddeleted text end new text begin prescribednew text end by the commissionerdeleted 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 that state that the combatant is
cleared to participate in a combative sport contest. The applicant must undergo and submit
the results of the following medical examinations, which do not exempt a combatant from
the requirements set forth 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 furnished or approved 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, three
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. 6.
Minnesota Statutes 2020, section 341.32, subdivision 2, is amended to read:
Subd. 2.
Expiration and application.
Licenses expire annually on deleted text begin December 31deleted text end new text begin June
30new 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.new text begin Any license received or renewed
in the year 2022 shall be valid until June 30, 2023.
new text end
Sec. 7.
Minnesota Statutes 2020, 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, $700;
(3) judges and knockdown judges, $25;
(4) trainers and seconds, $80;
(5) timekeepers, $25;
(6) professional combatants, $70;
(7) amateur combatants, $50; 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 otherdeleted 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 outlined 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. Thedeleted 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, anew text end combative sport contest fee deleted text begin isdeleted text end new text begin ofnew text end $1,500 deleted text begin per eventdeleted text end or deleted text begin not more thandeleted text end four percent
of the gross ticket sales, whichever is greaterdeleted text begin , as determined by the commissioner when the
combative sport contest is scheduleddeleted 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 deleted text begin at the timedeleted text end new text begin is due whennew text end the combative sport contest is scheduled; deleted text begin and
deleted text end
(2) $1,000 new text begin is due new text end at the weigh-in prior to the contestdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(3) if four percent of the gross ticket sales is greater than $1,500, the balance is due to
the commissioner within 14 days of the completed contest; and
new text end
new text begin
(4) the face value of all complimentary tickets distributed for an event, to the extent they
exceed 15 percent of total event attendance, count toward gross tickets sales for the purposes
of determining a combative sport contest fee.
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. 8.
new text begin
[341.322] PAYMENT SCHEDULE.
new text end
new text begin
The commissioner may establish a schedule of fees to be paid by a promoter to referees,
judges and knockdown judges, timekeepers, and ringside physicians.
new text end
Sec. 9.
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 sport contest, the promoter shall:
new text end
new text begin
(1) 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;
new text end
new text begin
(2) provide the commissioner, at least 72 hours before the combative sport contest is
scheduled to occur, with 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
(3) provide the commissioner, at least 72 hours before the combative sport contest is
scheduled to occur, with a copy or other proof acceptable to the commissioner of the
insurance contract or policy required by this chapter; and
new text end
new text begin
(4) provide the commissioner, at least 72 hours before the combative sport contest is
scheduled to occur, 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.
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 the promoter schedules a
combative sport 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. 10.
new text begin
[341.324] AMBULANCE.
new text end
new text begin
A promoter must ensure, at the cost of the promoter, that an ambulance and two
emergency medical technicians are on the premises during a combative sport contest.
new text end
Sec. 11.
Minnesota Statutes 2020, 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 thisdeleted text end new text begin thenew text end statenew text begin of Minnesotanew 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. 12.
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) A challenge must be submitted within ten days of the contest.
new text end
new text begin
(b) 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
(c) The challenge must be submitted to the commissioner at the address, fax number, or
e-mail 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 e-mailed, 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 e-mail. The
opposing combatant shall have 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 e-mail address designated on the commissioner's website. The date on which a
response is submitted by mail shall be the postmark date on the envelope in which the
response is mailed. If the response is faxed or e-mailed, 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 e-mail and
request their 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 to 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. 13.
Minnesota Statutes 2020, 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 4, paragraphs (b) and (c).
new text end
ARTICLE 6
PUBLIC EMPLOYMENT RELATIONS BOARD
Section 1.
Minnesota Statutes 2020, section 13.43, subdivision 6, is amended to read:
Subd. 6.
Access by labor organizationsnew text begin , Bureau of Mediation Services, Public
Employment Relations Boardnew 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 organizationsnew text begin , the Public Employment Relations Board,new text end
and deleted text begin todeleted text end the Bureau of Mediation Services to the extent the dissemination is ordered or
authorized by the commissioner of the Bureau of Mediation Servicesnew text begin or the Public
Employment Relations Board or its designeenew 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 Nonpublic data. new text end
new text begin
(a) Except as provided in this subdivision, 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, and become public when admitted into
evidence at a hearing conducted pursuant to section 179A.13. The data may be subject to
a protective order as determined by the board or a hearing officer.
new text end
new text begin
(b) Notwithstanding sections 13.43 and 181.932, the following data are public:
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;
new text end
new text begin
(6) the full and complete record of an evidentiary hearing before a hearing officer,
including the hearing transcript, exhibits admitted into evidence, and posthearing briefs,
unless subject to a protective order;
new text end
new text begin
(7) recommended decisions and orders of hearing officers pursuant to section 179A.13,
subdivision 1, paragraph (i);
new text end
new text begin
(8) 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
(9) briefs filed with the board; and
new text end
new text begin
(10) decisions and orders issued by the board.
new text end
new text begin
(c) Notwithstanding paragraph (a), individuals have access to their own statements
provided to the board under paragraph (a).
new text end
new text begin
(d) The board may make any data classified as 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 2020, section 179A.041, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin Open meetings. 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
Sec. 4. new text begin PUBLIC EMPLOYMENT RELATIONS BOARD.
new text end
new text begin
Notwithstanding any other law to the contrary, Laws 2014, chapter 211, sections 1 to 3
and 6 to 11, as amended by Laws 2015, First Special Session chapter 1, article 7, section
1; Laws 2016, chapter 189, article 7, section 42; Laws 2017, chapter 94, article 12, section
1; and Laws 2021, First Special Session chapter 10, article 3, section 19, are effective the
day following final enactment and apply to any claims brought on or after that date. From
July 1, 2021, until the day following final enactment, the district court of the county in
which the practice is alleged to have occurred retains jurisdiction over any action by any
employee, employer, employee or employer organization, exclusive representative, or any
other person or organization aggrieved by an unfair labor practice as defined in Minnesota
Statutes, section 179A.13.
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
ARTICLE 7
REFINERY SAFETY
Section 1.
Minnesota Statutes 2020, 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 anddeleted 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 177.435new text begin or 181.987new 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 177.435new text begin or 181.987new 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, 2022.
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 providing
each trainee with combined classroom and on-the-job training under the direct and close
supervision of a highly skilled worker in an occupation recognized as an apprenticeable
occupation 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 employees of the
contractor or subcontractor of any tier working at the site of the petroleum refinery meet
one of the following criteria:
new text end
new text begin
(1) are currently registered as apprentices in a registered apprenticeship program in the
applicable trade;
new text end
new text begin
(2) have graduated from a registered apprenticeship program in the applicable trade; or
new text end
new text begin
(3) have completed all of the classroom training and work hour requirements needed to
graduate from the registered apprenticeship program their employer participates in.
new text end
new text begin
(e) A contractor's workforce must meet the requirements of paragraph (d) according to
the following schedule:
new text end
new text begin
(1) 65 percent of the contractor's workforce by October 15, 2022;
new text end
new text begin
(2) 75 percent of the contractor's workforce by October 15, 2023; and
new text end
new text begin
(3) 85 percent of the contractor's workforce by October 15, 2024.
new text end
new text begin
(f) "Petroleum refinery" means a facility engaged in producing gasoline, kerosene,
distillate fuel oils, residual fuel oils, lubricants, or other products through distillation of
petroleum or through redistillation, cracking, or reforming of unfinished petroleum
derivatives.
new text end
new text begin
(g) "Apprenticeable occupation" means any trade, form of employment, or occupation
approved for apprenticeship by the United States secretary of labor or the commissioner of
labor and industry.
new text end
new text begin
(h) "Original equipment manufacturer" or "OEM" means an organization that
manufactures or fabricates 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) This subdivision does not apply to contractors or subcontractors hired to perform
OEM work necessary to comply with equipment warranty requirements.
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, operator,
contractor, or subcontractor of any tier 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.
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new text begin EFFECTIVE DATE. new text end
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This section is effective October 15, 2022.
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ARTICLE 8
AGRICULTURAL WORKER WELLNESS
Section 1.
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[179.911] OMBUDSPERSON FOR THE SAFETY, HEALTH, AND
WELL-BEING OF AGRICULTURAL AND FOOD PROCESSING WORKERS.
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new text begin Subdivision 1. new text end
new text begin Definitions. new text end
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(a) For the purposes of this section, the following terms have
the meanings given.
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(b) "Agricultural work" is defined broadly to include but is not limited to farming in all
its branches including dairy work; field production, cultivation, growing, and harvesting of
any agricultural or horticultural commodity; and raising livestock, bees, fur-bearing animals,
and poultry.
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(c) "Food processing" has the meaning given in section 181.635, subdivision 1, paragraph
(d). For the purposes of this section and section 179.912, food processing also includes
meatpacking and poultry processing.
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new text begin Subd. 2. new text end
new text begin Appointment. new text end
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The governor shall appoint an ombudsperson for the safety,
health, and well-being of agricultural and food processing workers. The ombudsperson shall
serve in the unclassified service to assist agricultural and food processing workers with
housing, workplace safety, fair labor standards, and other challenges. The ombudsperson
must be selected without regard to the person's political affiliation. The ombudsperson shall
serve a term of four years, which may be renewed, and may be removed prior to the end of
the term for just cause.
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new text begin Subd. 3. new text end
new text begin Qualifications. new text end
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The ombudsperson must be highly competent and qualified to
analyze questions of law, administration, and public policy regarding the safety, health, and
well-being of agricultural and food processing workers. The ombudsperson must have
knowledge and experience in the fields of workplace safety, housing, and fair labor standards.
The ombudsperson must be familiar with governmental entities and their roles, interpretation
of laws and regulations, record keeping, report writing, public speaking, and management.
In addition, the ombudsperson must have experience working with agricultural and food
processing workers and must be knowledgeable about the needs and experiences of those
communities. No individual may serve as the ombudsperson for the safety, health, and
well-being of agricultural and food processing workers while running for or holding any
other public office. The ombudsperson must speak fluently in a language in addition to
English that is commonly used by agricultural and food processing workers.
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new text begin Subd. 4. new text end
new text begin Duties. new text end
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(a) The ombudsperson's duties shall include but are not limited to the
following:
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(1) creating and collecting educational materials in relevant languages to orient
agricultural and food processing workers about their rights under Minnesota laws and rules
and state services available to them;
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(2) outreach to agricultural and food processing stakeholders, including workers and
employers, to inform them of the services of the office in order to support workers in
navigating their concerns;
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(3) acting as a member of the Minnesota Migrant Services Consortium and having a
formal relationship with any other relevant and appropriate state committees, work groups,
or task forces engaged in work related to agricultural and food processing workers;
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(4) coordinating across state agencies to develop strategies to better assist agricultural
and food processing workers;
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(5) providing recommendations to state agencies for coordinated communication strategies
to promote workplace safety, adequate housing, fair labor standards, and other issues for
agricultural and food processing workers;
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(6) offering accessible methods of contact, including telephone, text, and virtual
communication platforms, to answer questions, receive complaints, and discuss agency
actions with agricultural stakeholders; and
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(7) addressing complaints and requests for assistance related to workplace safety, housing,
labor standards, and other concerns by supporting agricultural stakeholders in navigating
regulatory authorities.
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(b) The ombudsperson must report to the commissioner annually by December 31 on
the services provided by the ombudsperson to agricultural and food processing workers,
including the number of stakeholders served and the activities of the ombudsperson in
carrying out the duties under this section. The commissioner shall determine the form of
the report and may specify additional reporting requirements.
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new text begin Subd. 5. new text end
new text begin Complaints. new text end
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The ombudsperson may receive a complaint from any source
concerning an action of an agency, facility, or program. After completing a review, the
ombudsperson shall inform the complainant, agency, facility, or program.
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new text begin Subd. 6. new text end
new text begin Access to records. new text end
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(a) The ombudsperson or designee, excluding volunteers,
has access to any data of a state agency necessary for the discharge of the ombudsperson's
duties, including records classified as confidential data on individuals or private data on
individuals under chapter 13 or any other law. The ombudsperson's data request must relate
to a specific case and is subject to section 13.03, subdivision 4. If the data concerns an
individual, the ombudsperson or designee shall first obtain the individual's consent. If the
individual is unable to consent and has no parent or legal guardian, the ombudsperson's or
designee's access to the data is authorized by this section.
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(b) The ombudsperson and designee must adhere to chapter 13 and must not disseminate
any private or confidential data on individuals unless specifically authorized by state, local,
or federal law or pursuant to a court order.
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new text begin Subd. 7. new text end
new text begin Staff support. new text end
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The ombudsperson may appoint and compensate out of available
funds a confidential secretary in the unclassified service as authorized by law. The
ombudsperson and the ombudsperson's full-time staff are members of the Minnesota State
Retirement Association. The ombudsperson may delegate to staff members any authority
or duties of the office, except the duty to provide reports to the governor, commissioner, or
legislature.
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new text begin Subd. 8. new text end
new text begin Independence of action. new text end
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In carrying out the duties under this section, the
ombudsperson may provide testimony to the legislature, make periodic reports to the
legislature, and address areas of concern to agricultural and food processing workers.
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new text begin Subd. 9. new text end
new text begin Civil actions. new text end
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The ombudsperson and designees are not civilly liable for any
action taken under this section if the action was taken in good faith, was within the scope
of the ombudsperson's authority, and did not constitute willful or reckless misconduct.
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new text begin Subd. 10. new text end
new text begin Posting. new text end
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(a) The commissioners of labor and industry, employment and
economic development, health, administration, and human rights shall post on their
departments' websites the mailing address, e-mail address, and telephone number for the
ombudsperson's office. The commissioners shall provide agricultural stakeholders with the
mailing address, e-mail address, and telephone number of the ombudsperson's office upon
request. Departmental programs or contractors providing services to agricultural stakeholders
must provide those stakeholders with the mailing address, e-mail address, and telephone
number of the ombudsperson's office upon request.
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(b) The ombudsperson must approve all postings and notices required by the departments
and counties under this subdivision.
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Sec. 2.
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[179.912] AGRICULTURAL WORKER WELLNESS COMMITTEE.
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new text begin Subdivision 1. new text end
new text begin Agricultural Worker Wellness Committee established. new text end
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The Agricultural
Worker Wellness Committee is established to carry out the work of the committee established
by the governor's Executive Order No. 21-14. The commissioner of labor and industry shall
hire two full-time equivalent staff to support the committee.
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new text begin Subd. 2. new text end
new text begin Definitions. new text end
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For the purposes of this section, "food processing" and "agricultural
work" have the meanings given under section 179.911, subdivision 1.
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new text begin Subd. 3. new text end
new text begin Membership. new text end
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(a) The committee shall consist of up to 21 voting members who
shall serve three-year terms including, at a minimum:
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(1) the commissioners of labor and industry, employment and economic development,
agriculture, health, and housing finance, or their designees; and
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(2) the following members appointed by the governor:
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(i) one representative from the Migrant Services Consortium;
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(ii) three representatives of agricultural employers;
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(iii) three at-large representatives from geographic regions of the state dependent on the
agricultural sector;
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(iv) three representatives of community-based organizations with expertise in agricultural
workers and communities;
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(v) three union representatives; and
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(vi) three representatives of local public health.
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(b) Other commissioners or their designees not named in paragraph (a), clause (1), may
serve on the board as nonvoting members.
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new text begin Subd. 4. new text end
new text begin Membership terms; compensation. new text end
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(a) The governor shall make initial
appointments to the board by October 1, 2022. Initial appointees shall serve staggered terms
of three years or as determined by the secretary of state.
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(b) Members shall be compensated as provided in section 15.0575, subdivision 3.
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new text begin Subd. 5. new text end
new text begin Chairs; other officers. new text end
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The commissioners of agriculture and labor and industry
or their designees shall serve as co-chairs of the committee. The committee may elect other
officers as necessary from its members.
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new text begin Subd. 6. new text end
new text begin Committee responsibilities. new text end
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The committee shall:
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(1) analyze and recommend policies to address housing, workplace safety, and fair labor
issues faced by migrant, food processing, and meatpacking agricultural workers;
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(2) serve as an ongoing forum for the stakeholder groups represented on the committee
and coordinate state, local, and private partners' collaborative work to maintain a healthy
and equitable agricultural and food processing industry which is foundational to Minnesota's
economy; and
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(3) coordinate and support pandemic response and public health initiatives as they affect
agricultural and food processing workers in upcoming growing, harvesting, and processing
seasons.
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new text begin Subd. 7. new text end
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Central inventory of reports and analyses on agricultural and food
processing workers.
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Within available appropriations and in collaboration with stakeholders,
the committee shall work to establish a central inventory of data reports and analyses
regarding agricultural and food processing workers, including demographic information
and definitions of agricultural and food processing workers to help policymakers in state
and local government agencies, stakeholders, and the public to understand the population
needs and assets and to advance state and local initiatives.
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new text begin Subd. 8. new text end
new text begin Report to legislature and governor. new text end
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The committee shall present to the
governor and chairs and ranking minority members of the legislative committees with
jurisdiction over labor and agriculture an annual work plan and report regarding its
accomplishments. Measurements of success must include tracking:
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(1) stakeholder engagement;
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(2) efficient and effective response to a pandemic or other disruptions of growing,
harvesting, and processing seasons;
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(3) increased coordination among governmental, employer, and advocacy organizations
connected to the agricultural and food processing industry; and
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(4) advancement of recommendations that strengthen the industry.
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