HF 4177

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2022 03:41pm

A bill for an act
relating to labor and industry; appropriating money for the Department of Labor
and Industry and Minnesota Management and Budget; making policy and technical
changes; providing OSHA penalty compliance; modifying fair labor standards for
agricultural and food processing workers; providing earned sick and safe time;
modifying combative sports; adopting civil penalties; authorizing rulemaking;
requiring reports; amending Minnesota Statutes 2020, sections 175.16, subdivision
1; 177.26; 177.27, subdivisions 2, 4, 7; 178.01; 178.011, subdivision 7; 178.03,
subdivision 1; 178.11; 179.86, subdivisions 1, 3, by adding subdivisions; 181.14,
subdivision 1; 181.635, subdivisions 1, 2, 3, 4, 6; 181.85, subdivisions 2, 4; 181.86,
subdivision 1; 181.87, subdivisions 2, 3, 7; 181.88; 181.89, subdivision 2, by
adding a subdivision; 181.942, subdivision 1; 181.9435, subdivision 1; 181.9436;
182.666, subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 326B.103, subdivision
13; 326B.106, subdivision 1; 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, section 326B.153, subdivision 1; proposing coding for
new law in Minnesota Statutes, chapters 177; 181; 341; repealing Minnesota
Statutes 2020, section 181.9413.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin 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

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

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

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

new text begin $ new text end

new text begin -0- new text end

new text begin $ new text end

new text begin 5,593,000 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 2,460,000 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 end

new text begin -0- new text end

new text begin 4,696,000 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 1,563,000 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.
new text end

new text begin (1) Of the amount appropriated in paragraph
(a), $159,000 is available for program
administration.
new text end

new text begin (2) At least $500,000 of the amount
appropriated in paragraph (a) 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 enforcement.
new text end

new text begin (d) $196,000 in fiscal year 2023 is to expand
and strengthen fair labor standards. In fiscal
year 2024 and beyond, the base is $146,000.
new text end

new text begin (e) $1,367,000 in fiscal year 2023 is from the
general fund for enforcement and other duties
regarding earned sick and safe time under
Minnesota Statutes, sections 181.9445 to
181.9448, and chapter 177. In fiscal year 2024,
the base is $2,018,000. In fiscal year 2025, the
base is $1,707,000.
new text end

new text begin Subd. 3. new text end new text begin Workforce Development Initiatives new text end

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 end

new text begin -0- new text end

new text begin 150,000 new text end

Sec. 3. new text begin MINNESOTA MANAGEMENT AND BUDGET. new text end

new text begin -0- new text end

new text begin 51,000 new text end

new text begin (a) $3,000 in fiscal year 2023 is from the
general fund for printing costs associated with
earned sick and safe time under Minnesota
Statutes, sections 181.9445 to 181.9448. This
is a onetime appropriation.
new text end

new text begin (b) $48,000 in fiscal year 2023 is from the
general fund for the by the commissioner of
management and budget under this paragraph
to offset the cost of earned sick and safe time
leave required under this act of executive
branch agencies, boards, and commissions.
The base for fiscal year 2024 and beyond is
$98,000. The commissioner of management
and budget must determine an allocation of
the amount appropriated in this paragraph for
each executive branch state agency, board,
and commission. Each allocation is directly
appropriated to each of these entities as
specified by the commissioner.
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 Standards new text begin , new text end and new text begin Division of new text end Apprenticeship, and such other divisions as the
commissioner of the Department of Labor and Industry may deem necessary and establish.
Each division of the department and persons in charge thereof shall be subject to the
supervision of the commissioner of the Department of Labor and Industry and, in addition
to such duties as are or may be imposed on them by statute, shall perform such other duties
as may be assigned to them by the commissioner. Notwithstanding any other law to the
contrary, the commissioner is the administrator and supervisor of all of the department's
dispute resolution functions and personnel and may delegate authority to compensation
judges and others to make determinations under sections 176.106, 176.238, and 176.239
and to approve settlement of claims under section 176.521.

Sec. 2.

Minnesota Statutes 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 Apprenticeship deleted 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 Apprenticeship deleted 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 178.01, is amended to read:

178.01 PURPOSES.

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

Sec. 4.

Minnesota Statutes 2020, section 178.011, subdivision 7, is amended to read:

Subd. 7.

Division.

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

Sec. 5.

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

Sec. 6.

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

Sec. 7.

Minnesota Statutes 2020, section 181.9435, subdivision 1, is amended to read:

Subdivision 1.

Investigation.

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

Sec. 8.

Minnesota Statutes 2020, section 181.9436, is amended to read:

181.9436 POSTING OF LAW.

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

Sec. 9.

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 or deleted text end
residential hospice new text begin , or assisted living facility, including assisted living facility with dementia
care new text end .

Sec. 10.

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. 11.

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 $29.50 deleted text end new text begin $21 new text end ;

(2) $501 to $2,000, deleted text begin $28 deleted text end new text begin $21 new text end for the first $500 plus deleted text begin $3.70 deleted text end new text begin $2.75 new text end for each additional $100
or fraction thereof, to and including $2,000;

(3) $2,001 to $25,000, deleted text begin $83.50 deleted text end new text begin $62.25 new text end for the first $2,000 plus deleted text begin $16.55 deleted text end new text begin $12.50 new text end for each
additional $1,000 or fraction thereof, to and including $25,000;

(4) $25,001 to $50,000, deleted text begin $464.15 deleted text end new text begin $349.75 new text end for the first $25,000 plus deleted text begin $12 deleted text end new text begin $9 new text end for each
additional $1,000 or fraction thereof, to and including $50,000;

(5) $50,001 to $100,000, deleted text begin $764.15 deleted text end new text begin $574.75 new text end for the first $50,000 plus deleted text begin $8.45 deleted text end new text begin $6.25 new text end for
each additional $1,000 or fraction thereof, to and including $100,000;

(6) $100,001 to $500,000, deleted text begin $1,186.65 deleted text end new text begin $887.25 new text end for the first $100,000 plus deleted text begin $6.75 deleted text end new text begin $5 new 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 $3,886.65 deleted text end new text begin $2,887.25 new text end for the first $500,000 plus deleted text begin $5.50 deleted text end new text begin $4.25 new 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 $6,636.65 deleted text end new text begin $5,012.25 new text end for the first $1,000,000 plus deleted text begin $4.50 deleted text end new text begin $2.75 new 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. 12. 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 $70,000 deleted text end new text begin $145,027 new text end for each violation. The minimum fine for a willful violation is
deleted text begin $5,000 deleted text end new text begin $10,360 new 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 $7,000 deleted text end new text begin $14,502 new text end for each violation. If a serious violation under section 182.653,
subdivision 2, causes or contributes to the death of an employee, the employer shall be
assessed a fine of up to $25,000 new text begin for each violation new text end .

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 $7,000 deleted text end new text begin $14,502 new 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 $7,000 deleted text end new text begin $14,502 new 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 $7,000 deleted text end new text begin $14,502 new 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 either deleted text end new text begin both new text end person to person deleted text begin or deleted text end new text begin and new text end
through written materials that, at a minimum, include:

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

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

(3) a description of leave policies;

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

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

new text begin (6) the name of the employer's workers' compensation insurance carrier, the carrier's
phone number, and the insurance policy number.
new text end

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

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

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

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

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

new text begin (c) The 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 five deleted text end new text begin three new 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 employment new text begin
or of the possibility of employment new text end .

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

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

(1) nature of the work to be performed;

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

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

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

(5) duration of the work;

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

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

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

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

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

Sec. 8.

Minnesota Statutes 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 two deleted text end new text begin three new text end years. A copy of the signed and completed
disclosure must be delivered immediately to the recruited person. The disclosure may not
be construed as an employment contract.

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

Sec. 9.

Minnesota Statutes 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 $500 deleted text end new text begin $1,000 new text end per violation or twice their actual damages, plus
costs and reasonable attorney's fees. A damage award shall be the greater of deleted text begin $750 deleted text end new text begin $1,400 new text end
or three times actual damages for a person injured by an intentional violation of this section.

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 $200 deleted text end new text begin $400 new text end or more than deleted text begin $500 deleted text end new text begin $1,000 new text end for each violation of this section.

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 Spanish new text begin and additional languages
upon request new 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 market new text begin , as well as labor performed in agriculture as defined in Minnesota
Rules, part 5200.0260 new text end .

Sec. 13.

Minnesota Statutes 2020, section 181.85, subdivision 4, is amended to read:

Subd. 4.

Employer.

"Employer" means deleted text begin a processor of fruits or vegetables deleted text end new text begin an individual,
partnership, association, corporation, business trust, or any person or group of persons new text end that
employs, either directly or indirectly through a recruiter, deleted text begin more than 30 deleted text end migrant workers deleted text begin per
day for more than seven days in any calendar year deleted 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 Spanish new text begin , or another language if the
worker's preferred language is not Spanish new text end :

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

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

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

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

(5) the wage rates to be paid;

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

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

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

new text begin (9) 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
days new text begin unless payment is required sooner pursuant to section 181.13 new 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 higher deleted text end new text begin highest new text end .
Any pay in addition to the hourly wage rate specified in the employment statement shall be
applied against the guarantee. This guarantee applies for the minimum period of employment
specified in the employment statement beginning with the date on which employment is to
begin as specified in the employment statement. The date on which employment is to begin
may be changed by the employer by written, telephonic, or telegraphic notice to the migrant
worker, at the worker's last known 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 $5 deleted text end new text begin $16 new 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 to deleted text end new text begin for new text end every individual migrant worker recruited by
that employer deleted text begin , deleted text end new text begin as required by section 177.30 new text end and shall deleted text begin preserve the records deleted text end new text begin also maintain
the employment statements required under section 181.86 new text end for a period of at least three years.

Sec. 19.

Minnesota Statutes 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 $50 deleted text end new text begin $200 new text end ;

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

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

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

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

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

Sec. 20.

Minnesota Statutes 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

EARNED SICK AND SAFE TIME

Section 1.

Minnesota Statutes 2020, section 181.942, subdivision 1, is amended to read:

Subdivision 1.

Comparable position.

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

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

Sec. 2.

new text begin [181.9445] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of section 177.50 and sections 181.9445
to 181.9447, the terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

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

new text begin Subd. 3. new text end

new text begin Domestic abuse. new text end

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

new text begin Subd. 4. new text end

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

new text begin "Earned sick and safe time" means leave, including
paid time off and other paid leave systems, that is paid at the same hourly rate as an employee
earns from employment that may be used for the same purposes and under the same
conditions as provided under section 181.9447.
new text end

new text begin Subd. 5. new text end

new text begin Employee. new text end

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

new text begin (1) an independent contractor; or
new text end

new text begin (2) an individual employed by an air carrier as a flight deck or cabin crew member who
is subject to United States Code, title 45, sections 181 to 188, and who is provided with
paid leave equal to or exceeding the amounts in section 181.9446.
new text end

new text begin Subd. 6. new text end

new text begin Employer. new text end

new text begin "Employer" means a person who has one or more employees.
Employer includes an individual, a corporation, a partnership, an association, a business
trust, a nonprofit organization, a group of persons, a state, county, town, city, school district,
or other governmental subdivision. In the event that a temporary employee is supplied by
a staffing agency, absent a contractual agreement stating otherwise, that individual shall be
an employee of the staffing agency for all purposes of section 177.50 and sections 181.9445
to 181.9448.
new text end

new text begin Subd. 7. new text end

new text begin Family member. new text end

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

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

new text begin (i) child, foster child, adult child, legal ward, or child for whom the employee is legal
guardian;
new text end

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

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

new text begin (iv) parent or stepparent;
new text end

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

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

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

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

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

new text begin Subd. 8. new text end

new text begin Health care professional. new text end

new text begin "Health care professional" means any person licensed
under federal or state law to provide medical or emergency services, including doctors,
physician assistants, nurses, and emergency room personnel.
new text end

new text begin Subd. 9. new text end

new text begin Prevailing wage rate. new text end

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

new text begin Subd. 10. new text end

new text begin Retaliatory personnel action. new text end

new text begin "Retaliatory personnel action" means:
new text end

new text begin (1) any form of intimidation, threat, reprisal, harassment, discrimination, or adverse
employment action, including discipline, discharge, suspension, transfer, or reassignment
to a lesser position in terms of job classification, job security, or other condition of
employment; reduction in pay or hours or denial of additional hours; the accumulation of
points under an attendance point system; informing another employer that the person has
engaged in activities protected by this chapter; or reporting or threatening to report the actual
or suspected citizenship or immigration status of an employee, former employee, or family
member of an employee to a federal, state, or local agency; and
new text end

new text begin (2) interference with or punishment for participating in any manner in an investigation,
proceeding, or hearing under this chapter.
new text end

new text begin Subd. 11. new text end

new text begin Sexual assault. new text end

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

new text begin Subd. 12. new text end

new text begin Stalking. new text end

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

new text begin Subd. 13. new text end

new text begin Year. new text end

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

Sec. 3.

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

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

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

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

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

new text begin (e) Employees may use accrued earned sick and safe time beginning 90 calendar days
after the day their employment commenced. After 90 days from the day employment
commenced, employees may use earned sick and safe time as it is accrued. The
90-calendar-day period under this paragraph includes both days worked and days not worked.
new text end

Sec. 4.

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

new text begin Subdivision 1. new text end

new text begin Eligible use. new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (iv) seek relocation due to domestic abuse, sexual assault, or stalking; or
new text end

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

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

new text begin (5) when it has been determined by the health authorities having jurisdiction or by a
health care professional that the presence of the employee or family member of the employee
in the community would jeopardize the health of others because of the exposure of the
employee or family member of the employee to a communicable disease, whether or not
the employee or family member has actually contracted the communicable disease.
new text end

new text begin Subd. 2. new text end

new text begin Notice. new text end

new text begin An employer may require notice of the need for use of earned sick and
safe time as provided in this paragraph. If the need for use is foreseeable, an employer may
require advance notice of the intention to use earned sick and safe time but must not require
more than seven days' advance notice. If the need is unforeseeable, an employer may require
an employee to give notice of the need for earned sick and safe time as soon as practicable.
new text end

new text begin Subd. 3. new text end

new text begin Documentation. new text end

new text begin When an employee uses earned sick and safe time for more
than three consecutive days, an employer may require reasonable documentation that the
earned sick and safe time is covered by subdivision 1. For earned sick and safe time under
subdivision 1, clauses (1) and (2), reasonable documentation may include a signed statement
by a health care professional indicating the need for use of earned sick and safe time. For
earned sick and safe time under subdivision 1, clause (3), an employer must accept a court
record or documentation signed by a volunteer or employee of a victims services organization,
an attorney, a police officer, or an antiviolence counselor as reasonable documentation. An
employer must not require disclosure of details relating to domestic abuse, sexual assault,
or stalking or the details of an employee's or an employee's family member's medical
condition as related to an employee's request to use earned sick and safe time under this
section.
new text end

new text begin Subd. 4. new text end

new text begin Replacement worker. new text end

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

new text begin Subd. 5. new text end

new text begin Increment of time used. new text end

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

new text begin Subd. 6. new text end

new text begin Retaliation prohibited. new text end

new text begin An employer shall not take retaliatory personnel action
against an employee because the employee has requested earned sick and safe time, used
earned sick and safe time, requested a statement of accrued sick and safe time, or made a
complaint or filed an action to enforce a right to earned sick and safe time under this section.
new text end

new text begin Subd. 7. new text end

new text begin Reinstatement to comparable position after leave. new text end

new text begin An employee returning
from a leave under this section is entitled to return to employment in a comparable position.
If, during a leave under this section, the employer experiences a layoff and the employee
would have lost a position had the employee not been on leave, pursuant to the good faith
operation of a bona fide layoff and recall system, including a system under a collective
bargaining agreement, the employee is not entitled to reinstatement in the former or
comparable position. In such circumstances, the employee retains all rights under the layoff
and recall system, including a system under a collective bargaining agreement, as if the
employee had not taken the leave.
new text end

new text begin Subd. 8. new text end

new text begin Pay and benefits after leave. new text end

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

new text begin Subd. 9. new text end

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

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

new text begin Subd. 10. new text end

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

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

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

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

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

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

new text begin The notice must contain all information required under paragraph (a). The commissioner
shall create and make available to employers a poster and a model notice that contains the
information required under paragraph (a) for their use in complying with this section.
new text end

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

new text begin Subd. 11. new text end

new text begin Required statement to employee. new text end

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

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

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

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

new text begin Subd. 12. new text end

new text begin Employer records. new text end

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

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

new text begin Subd. 13. new text end

new text begin Confidentiality and nondisclosure. new text end

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

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

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

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

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

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

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

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

Sec. 5.

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

new text begin Subdivision 1. new text end

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

new text begin (a) Nothing
in sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting
or retaining earned sick and safe time policies that meet or exceed, and do not otherwise
conflict with, the minimum standards and requirements provided in sections 181.9445 to
181.9447.
new text end

new text begin (b) Nothing in sections 181.9445 to 181.9447 shall be construed to limit the right of
parties to a collective bargaining agreement to bargain and agree with respect to earned sick
and safe time policies or to diminish the obligation of an employer to comply with any
contract, collective bargaining agreement, or any employment benefit program or plan that
meets or exceeds, and does not otherwise conflict with, the minimum standards and
requirements provided in this section.
new text end

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

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

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

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

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

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

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

new text begin Subd. 2. new text end

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

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

new text begin Subd. 3. new text end

new text begin Employer succession. new text end

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

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

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 181.9413, new text end new text begin is repealed.
new text end

Sec. 7. new text begin EFFECTIVE DATE.
new text end

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

ARTICLE 6

EARNED SICK AND SAFE TIME ENFORCEMENT

Section 1.

Minnesota Statutes 2020, section 177.27, subdivision 2, is amended to read:

Subd. 2.

Submission of records; penalty.

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

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

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

Sec. 2.

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

Sec. 3.

Minnesota Statutes 2020, section 177.27, subdivision 7, is amended to read:

Subd. 7.

Employer liability.

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

Sec. 4.

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

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin Subd. 2. new text end

new text begin Rulemaking authority. new text end

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

new text begin Subd. 3. new text end

new text begin Individual remedies. new text end

new text begin In addition to any other remedies provided by law, a
person injured by a violation of sections 181.9445 to 181.9448 may bring a civil action to
recover general and special damages, along with costs, fees, and reasonable attorney fees,
and may receive injunctive and other equitable relief as determined by a court. An action
to recover damages under this subdivision must be commenced within three years of the
violation of sections 181.9445 to 181.9448 that caused the injury to the employee.
new text end

new text begin Subd. 4. new text end

new text begin Grants to community organizations. new text end

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

new text begin Subd. 5. new text end

new text begin Report to legislature. new text end

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

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

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

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

new text begin Subd. 6. new text end

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

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

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 7

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 nine deleted text end new text begin five new text end members appointed by the commissioner. deleted text begin One
member must be a retired judge of the Minnesota District Court, Minnesota Court of Appeals,
Minnesota Supreme Court, the United States District Court for the District of Minnesota,
or the Eighth Circuit Court of Appeals. At least four deleted text end new text begin All five new text end members must have knowledge
of the deleted text begin boxing deleted text end new text begin combative sports new 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 rules deleted text end new text begin the most recent version of the Unified Rules of
Boxing, as promulgated by the Association of Boxing Commissions new 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 contests deleted text begin , martial arts contests except
amateur contests regulated by the Minnesota State High School League (MSHSL), recognized
martial arts studios and schools in Minnesota, and recognized national martial arts
organizations holding contests between students, ultimate fight contests, and similar sporting
events deleted text end are subject to this chapter and all officials at these events must be licensed under this
chapter.

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 shall deleted text begin , a minimum
of six weeks before the combative sport contest is scheduled to occur, deleted text end complete a licensing
application on the Office of Combative Sports website or on forms deleted text begin furnished or approved deleted text end new text begin
prescribed new text end by the commissioner and shall:

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

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

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

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

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

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

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

(1) submit to the commissioner the results of deleted text begin a deleted text end current medical deleted text begin examination deleted text end new text begin examinations new text end
on forms deleted text begin furnished or approved deleted text end new text begin prescribed new text end by the commissioner deleted text begin . The medical examination
must include an ophthalmological and neurological examination, and documentation of test
results for HBV, HCV, and HIV, and any other blood test as the commissioner by rule may
require. The ophthalmological examination must be designed to detect any retinal defects
or other damage or condition of the eye that could be aggravated by combative sports. The
neurological examination must include an electroencephalogram or medically superior test
if the combatant has been knocked unconscious in a previous contest. The commissioner
may also order an electroencephalogram or other appropriate neurological or physical
examination before any contest if it determines that the examination is desirable to protect
the health of the combatant. The commissioner shall not issue a license to an applicant
submitting positive test results for HBV, HCV, or HIV; deleted text end new text begin 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 31 deleted text end new text begin June
30 new text end . A license may be applied for each year by filing an application for licensure and satisfying
all licensure requirements established in section 341.30, and submitting payment of the
license fees established in section 341.321. An application for a license and renewal of a
license must be on a form provided by the commissioner. 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 other deleted text end license fees shall be paid no later than the weigh-in prior to the contest. No license
may be issued until all prelicensure requirements new text begin 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. The deleted text end new text begin A promoter
or event organizer of an event regulated by the Department of Labor and Industry must pay,
per event, a new text end combative sport contest fee deleted text begin is deleted text end new text begin of new text end $1,500 deleted text begin per event deleted text end or deleted text begin not more than deleted text end four percent
of the gross ticket sales, whichever is greater deleted text begin , as determined by the commissioner when the
combative sport contest is scheduled deleted text end . new text begin The fee must be paid as follows:
new text end

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

(1) $500 deleted text begin at the time deleted text end new text begin is due when new 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 contest deleted 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 this deleted text end new text begin the new text end state new text begin of Minnesota new text end . deleted text begin The
commissioner may establish a schedule of fees to be paid to each attending physician by
the promoter holding or sponsoring the contest.
deleted text end

Sec. 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

APPENDIX

Repealed Minnesota Statutes: 22-04584

181.9413 SICK LEAVE BENEFITS; CARE OF RELATIVES.

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

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

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

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

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

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

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

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

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

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

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