SF 2782

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/04/2023 09:11am

A bill for an act
relating to state government; establishing the biennial budget for the Department
of Labor and Industry, Workers' Compensation Court of Appeals, and Bureau of
Mediation Services; providing protections for agricultural and food processing
workers; establishing nursing home workforce standards; modifying combative
sports; providing for safe workplaces for meat and poultry processing workers;
regulating restrictive employment agreements; modifying other miscellaneous
policy provisions; requiring reports; appropriating money; amending Minnesota
Statutes 2022, sections 15.71, by adding subdivisions; 15.72, by adding a
subdivision; 116J.871, subdivision 2; 175.16, subdivision 1; 177.26, subdivisions
1, 2; 177.27, subdivisions 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; 181.9435, subdivision 1; 181.9436; 182.654, subdivision 11; 182.666,
subdivisions 1, 2, 3, 4, 5, by adding a subdivision; 290.0132, by adding a
subdivision; 326B.092, subdivision 6; 326B.096; 326B.103, subdivision 13, by
adding subdivisions; 326B.106, subdivisions 1, 4, by adding a subdivision;
326B.802, subdivision 15; 337.01, subdivision 3; 337.05, subdivision 1; 341.21,
subdivisions 2a, 2b, 2c, 4f, 7, by adding a subdivision; 341.221; 341.25; 341.27;
341.28, subdivisions 2, 3, by adding subdivisions; 341.30, subdivision 4; 341.32,
subdivision 2; 341.321; 341.33; 341.355; proposing coding for new law in
Minnesota Statutes, chapters 179; 181; 182; 341; repealing Minnesota Statutes
2022, section 177.26, subdivision 3.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

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

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

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

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

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

new text begin $ new text end

new text begin 46,561,000 new text end

new text begin $ new text end

new text begin 43,504,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 6,911,000 new text end	new text begin 5,227,000 new text end
new text begin Workers' Compensation new text end	new text begin 29,739,000 new text end	new text begin 31,512,000 new text end
new text begin Workforce Development new text end	new text begin 9,911,000 new text end	new text begin 6,765,000 new text end

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

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

new text begin 8,765,000 new text end

new text begin 9,106,000 new text end

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

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

new text begin 6,972,000 new text end

new text begin 6,608,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 5,409,000 new text end	new text begin 4,973,000 new text end
new text begin Workforce Development new text end	new text begin 1,563,000 new text end	new text begin 1,635,000 new text end

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

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

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

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

new text begin (e) $661,000 the first year and $357,000 the
second year are to perform work for the
Nursing Home Workforce Standards Board.
The base is $404,000 in fiscal year 2026 and
$357,000 in fiscal year 2027.
new text end

new text begin (f) $225,000 the first year and $169,000 the
second year are for the purposes of article 6.
new text end

new text begin (g) $245,000 the first year and $138,000 the
second year are to the Attorney General's
Office for the purposes of article 6.
new text end

new text begin (h) $59,000 the first year and $25,000 the
second year are to the Department of Revenue
to implement and administer the change to the
state income tax subtraction for the purposes
of article 7.
new text end

new text begin (i) $175,000 the first year and $175,000 the
second year are to the Attorney General's
Office to enforce construction workers wage
protections.
new text end

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

new text begin 15,190,000 new text end

new text begin 15,725,000 new text end

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

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

new text begin 7,043,000 new text end

new text begin 6,681,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,259,000 new text end	new text begin -0- new text end
new text begin Workers' Compensation new text end	new text begin 5,784,000 new text end	new text begin 6,681,000 new text end

new text begin (a) $477,000 the first year and $1,128,000 the
second year are from the workers'
compensation fund for education and outreach,
staffing, and technology development of the
ergonomics program under Minnesota
Statutes, section 182.677. The base
appropriation is $1,487,000 in fiscal year 2026
and $1,196,000 in fiscal year 2027.
new text end

new text begin (b) $1,259,000 the first year for the
ergonomics safety grant program. This amount
is available until June 30, 2026. This is a
onetime appropriation.
new text end

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

new text begin 2,659,000 new text end

new text begin 2,371,000 new text end

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

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

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

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

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

new text begin (f) $300,000 the first year is for a grant to
Independent School District No. 294, Houston,
for the Minnesota Virtual Academy's career
pathways program with Operating Engineers
Local 49. The program may include up to five
semesters of courses and must lead to
eligibility into the Operating Engineers Local
49 apprenticeship program.
new text end

new text begin (1) The grant may be used to encourage and
support student participation in the career
pathways program through additional
academic, counseling, and other support
services provided by the student's enrolling
school district. The Minnesota Virtual
Academy may contract with a student's
enrolling school district to provide these
services.
new text end

new text begin (2) The career pathways program must provide
outreach to and encourage participation in its
programming by students of color, Indigenous
students, students from families with low
income, students located throughout
Minnesota, and underserved students. This
appropriation does not cancel and is available
until June 30, 2025.
new text end

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

new text begin 243,000 new text end

new text begin 254,000 new text end

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

new text begin 5,689,000 new text end

new text begin 2,759,000 new text end

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

new text begin (b) $1,330,000 the first year and $1,392,000
the second year are from the workforce
development fund for the apprenticeship
program under Minnesota Statutes, chapter
178.
new text end

new text begin (c) $1,134,000 the first year and $1,142,000
the second year are from the workforce
development fund for labor education and
advancement program grants under Minnesota
Statutes, section 178.11.
new text end

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

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

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

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

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

new text begin (e) $225,000 the first year and $225,000 the
second year are from the workforce
development fund for grants to Building
Strong Communities for the Helmets to
Hardhats Minnesota initiative. Grant money
must be used to recruit, retain, assist, and
support National Guard, reserve, and active
duty military members' and veterans'
participation in apprenticeship programs
registered with the Department of Labor and
Industry and connect service members and
veterans with career training and employment
in the building and construction industry. The
recruitment, selection, employment, and
training must be without discrimination due
to race, color, creed, religion, national origin,
sex, sexual orientation, marital status, physical
or mental disability, receipt of public
assistance, or age.
new text end

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

new text begin $ new text end

new text begin 2,583,000 new text end

new text begin $ new text end

new text begin 2,563,000 new text end

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

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

new text begin $ new text end

new text begin 2,957,000 new text end

new text begin $ new text end

new text begin 3,039,000 new text end

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

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

ARTICLE 2

AGRICULTURE AND FOOD PROCESSING WORKERS

Section 1.

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

Subdivision 1.

Definition.

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

Sec. 2.

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

Subd. 3.

Information provided to employee by employer.

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

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

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

(3) a description of leave policies;

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

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

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

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

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

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

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

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

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

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

Sec. 3.

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

new text begin Subd. 5. new text end

new text begin Civil action. new text end

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

Sec. 4.

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

new text begin Subd. 6. new text end

new text begin Fine. new text end

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

Sec. 5.

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

Subdivision 1.

Prompt payment required.

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

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

Sec. 6.

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

Subdivision 1.

Definitions.

The definitions in this subdivision apply to this section.

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

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

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

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

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

(1) nature of the work to be performed;

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

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

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

(5) duration of the work;

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

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

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

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

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

Sec. 7.

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

Subd. 2.

Recruiting; required disclosure.

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

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

Sec. 8.

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

Subd. 3.

Civil action.

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

Sec. 9.

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

Subd. 4.

Fine.

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

Sec. 10.

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

Subd. 6.

Standard disclosure form.

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

Sec. 11.

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

Subd. 2.

Agricultural labor.

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

Sec. 12.

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

Subd. 4.

Employer.

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

Sec. 13.

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

Subdivision 1.

Terms.

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

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

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

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

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

(5) the wage rates to be paid;

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

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

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

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

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

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

Sec. 14.

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

Subd. 2.

Biweekly pay.

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

Sec. 15.

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

Subd. 3.

Guaranteed hours.

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

Sec. 16.

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

Subd. 7.

Statement itemizing deductions from wages.

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

Sec. 17.

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

181.88 RECORD KEEPING.

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

Sec. 18.

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

Subd. 2.

Judgment; damages.

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

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

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

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

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

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

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

Sec. 19.

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

new text begin Subd. 3. new text end

new text begin Enforcement. new text end

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

ARTICLE 3

NURSING HOME WORKFORCE STANDARDS

Section 1. new text begin TITLE.
new text end

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

Sec. 2.

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

Subd. 7.

Employer liability.

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

Sec. 3.

new text begin [181.211] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

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

new text begin Subd. 2. new text end

new text begin Board. new text end

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

new text begin Subd. 3. new text end

new text begin Certified worker organization. new text end

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

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

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

new text begin Subd. 5. new text end

new text begin Compensation. new text end

new text begin "Compensation" means all income and benefits paid by a
nursing home employer to a nursing home worker or on behalf of a nursing home worker,
including but not limited to wages, bonuses, differentials, paid leave, pay for scheduling
changes, and pay for training or occupational certification.
new text end

new text begin Subd. 6. new text end

new text begin Employer organization. new text end

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

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

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

new text begin Subd. 7. new text end

new text begin Nursing home. new text end

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

new text begin Subd. 8. new text end

new text begin Nursing home employer. new text end

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

new text begin Subd. 9. new text end

new text begin Nursing home worker. new text end

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

new text begin Subd. 10. new text end

new text begin Worker organization. new text end

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

Sec. 4.

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

new text begin Subdivision 1. new text end

new text begin Board established; membership. new text end

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

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

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

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

new text begin (4) three members who represent nursing home employers or employer organizations,
appointed by the governor in accordance with section 15.066; and
new text end

new text begin (5) three members who represent nursing home workers or worker organizations,
appointed by the governor in accordance with section 15.066.
new text end

new text begin (b) In making appointments under clause (4), the governor shall consider the geographic
distribution of nursing homes within the state.
new text end

new text begin Subd. 2. new text end

new text begin Terms; vacancies. new text end

new text begin (a) Board members appointed under subdivision 1, clause
(4) or (5), shall serve four-year terms following the initial staggered-lot determination.
new text end

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

new text begin (c) A member serves until a successor is appointed.
new text end

new text begin Subd. 3. new text end

new text begin Chairperson. new text end

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

new text begin Subd. 4. new text end

new text begin Staffing. new text end

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

new text begin Subd. 5. new text end

new text begin Board compensation. new text end

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

new text begin Subd. 6. new text end

new text begin Application of other laws. new text end

new text begin Meetings of the board are subject to chapter 13D.
The board is subject to chapter 13. The board shall comply with section 15.0597.
new text end

new text begin Subd. 7. new text end

new text begin Voting. new text end

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

new text begin Subd. 8. new text end

new text begin Hearings and investigations. new text end

new text begin To carry out its duties, the board shall hold public
hearings on, and conduct investigations into, working conditions in the nursing home industry
in accordance with section 181.213.
new text end

new text begin Subd. 9. new text end

new text begin Department support. new text end

new text begin The commissioner shall provide staff support to the
board. The support includes professional, legal, technical, and clerical staff necessary to
perform rulemaking and other duties assigned to the board. The commissioner shall supply
necessary office space and supplies to assist the board in its duties.
new text end

new text begin Subd. 10. new text end

new text begin Antitrust compliance. new text end

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

new text begin Subd. 11. new text end

new text begin Annual report. new text end

new text begin By December 1, 2023, and each December 1 thereafter, the
executive director of the board shall submit a report to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over labor
and human services on any actions taken and any standards adopted by the board.
new text end

Sec. 5.

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

new text begin Subdivision 1. new text end

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

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

new text begin (b) The board must adopt rules establishing initial standards for wages for nursing home
workers no later than August 1, 2024. The board may use the authority in section 14.389
to adopt rules under this paragraph. The board shall consult with the department in the
development of these standards prior to beginning the rule adoption process.
new text end

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

new text begin Subd. 2. new text end

new text begin Investigation of market conditions. new text end

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 3. new text end

new text begin Review of standards. new text end

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

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

new text begin (2) following that review, adopt new rules, amend or repeal existing rules, or make
recommendations to adopt new rules or amend or repeal existing rules for minimum nursing
home employment standards using the expedited rulemaking process in section 14.389, as
appropriate to meet the purposes of sections 181.211 to 181.217.
new text end

new text begin Subd. 4. new text end

new text begin Variance and waiver. new text end

new text begin The board shall adopt procedures for considering
temporary variances and waivers of the established standards for individual nursing homes
based on the board's evaluation of the risk of closure due to compliance with all or part of
an applicable standard.
new text end

new text begin Subd. 5. new text end

new text begin Conflict. new text end

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

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

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

new text begin Subd. 6. new text end

new text begin Effect on other agreements. new text end

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

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

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

Sec. 6.

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

new text begin Subdivision 1. new text end

new text begin Certification of worker organizations. new text end

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

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

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

new text begin Subd. 2. new text end

new text begin Curriculum. new text end

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

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

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

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

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

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

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

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

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

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

new text begin Subd. 3. new text end

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

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

new text begin Subd. 4. new text end

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

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

new text begin Subd. 5. new text end

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

new text begin A certified worker organization:
new text end

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

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

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

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

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

new text begin Subd. 6. new text end

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

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

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

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

new text begin Subd. 7. new text end

new text begin Training compensation. new text end

new text begin A nursing home employer must compensate its nursing
home workers at their regular hourly rate of wages and benefits for each hour of training
completed as required by this section and reimburse any reasonable travel expenses associated
with attending training sessions not held on the premises of the nursing home.
new text end

Sec. 7.

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

new text begin Subdivision 1. new text end

new text begin Provision of notice. new text end

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

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

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

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

new text begin Subd. 2. new text end

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

new text begin The board must adopt rules
under section 14.389 specifying the minimum content and posting requirements for the
notices required in subdivision 1. The board must make available to nursing home employers
a template or sample notice that satisfies the requirements of this section and rules adopted
under this section.
new text end

Sec. 8.

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

new text begin (a) A nursing home employer shall not discharge, discipline, penalize, interfere with,
threaten, restrain, coerce, or otherwise retaliate or discriminate against a nursing home
worker because the person has exercised or attempted to exercise rights protected under
this act, including but not limited to:
new text end

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

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

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

new text begin (b) It shall be unlawful for an employer to:
new text end

new text begin (1) inform another employer that a nursing home worker or former nursing home worker
has engaged in activities protected under sections 181.211 to 181.217; or
new text end

new text begin (2) report or threaten to report the actual or suspected citizenship or immigration status
of a nursing home worker, former nursing home worker, or family member of a nursing
home worker to a federal, state, or local agency for exercising or attempting to exercise any
right protected under this act.
new text end

new text begin (c) A person found to have experienced retaliation in violation of this section shall be
entitled to back pay and reinstatement to the person's previous position, wages, benefits,
hours, and other conditions of employment.
new text end

Sec. 9.

new text begin [181.217] ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

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

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

new text begin Subd. 2. new text end

new text begin Investigations. new text end

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

new text begin Subd. 3. new text end

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

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

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

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

Sec. 10. new text begin INITIAL APPOINTMENTS.
new text end

new text begin The governor shall make initial appointments to the Minnesota Nursing Home Workforce
Standards Board under Minnesota Statutes, section 181.212, no later than August 1, 2023.
Notwithstanding Minnesota Statutes, section 181.212, subdivision 2, the initial terms of
members appointed under Minnesota Statutes, section 181.212, subdivision 1, clauses (4)
and (5), shall be determined by lot by the secretary of state and shall be as follows:
new text end

new text begin (1) one member appointed under each of Minnesota Statutes, section 181.212, subdivision
1, clauses (4) and (5), shall serve a two-year term;
new text end

new text begin (2) one member appointed under each of Minnesota Statutes, section 181.212, subdivision
1, clauses (4) and (5), shall serve a three-year term; and
new text end

new text begin (3) one member appointed under each of Minnesota Statutes, section 181.212, subdivision
1, clauses (4) and (5), shall serve a four-year term.
new text end

new text begin The commissioner of labor and industry must convene the first meeting within 30 days after
the governor completes appointments to the board. The board must elect a chair at its first
meeting.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 4

COMBATIVE SPORTS

Section 1.

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

Subd. 2a.

Combatant.

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

Sec. 2.

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

Subd. 2b.

Combative sport.

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

Sec. 3.

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

Subd. 2c.

Combative sports contest.

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

Sec. 4.

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

Subd. 4f.

Martial art.

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

Sec. 5.

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

new text begin Subd. 4i. new text end

new text begin Kickboxing. new text end

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

Sec. 6.

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

Subd. 7.

Tough person contest.

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

Sec. 7.

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

341.221 ADVISORY COUNCIL.

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

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

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

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

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

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

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

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

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

Sec. 8.

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

341.25 RULES.

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

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

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

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

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

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

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

Sec. 9.

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

341.27 COMMISSIONER DUTIES.

The commissioner shall:

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

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

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

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

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

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

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

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

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

Sec. 10.

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

Subd. 2.

Regulatory authority; tough person contests.

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

Sec. 11.

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

Subd. 3.

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

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

Sec. 12.

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

new text begin Subd. 4. new text end

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

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

Sec. 13.

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

new text begin Subd. 5. new text end

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

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

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

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

Sec. 14.

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

new text begin Subd. 6. new text end

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

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

Sec. 15.

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

Subd. 4.

Prelicensure requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 16.

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

Subd. 2.

Expiration and application.

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

Sec. 17.

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

341.321 FEE SCHEDULE.

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

(1) referees, $25;

(2) promoters, $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 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 is $1,500 per event or deleted text begin not more than deleted text end four percent
of the gross ticket sales, whichever is greater deleted text begin , as determined by the commissioner when the
combative sport contest is scheduled deleted text end . new text begin The fee must be paid as follows:
new text end

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

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

(2) $1,000 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 value of all complimentary tickets distributed for an event, to the extent they
exceed five percent of total event attendance, counts toward gross tickets sales for the
purposes of determining a combative sports contest fee. For purposes of this clause, the
lowest advertised ticket price shall be used to calculate the value of complimentary tickets.
new text end

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

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

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

Sec. 18.

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

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

Sec. 19.

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

new text begin Subdivision 1. new text end

new text begin Preapproval documentation. new text end

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

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

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

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

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

new text begin Subd. 2. new text end

new text begin Proper licensure. new text end

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

new text begin Subd. 3. new text end

new text begin Discretion. new text end

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

Sec. 20.

new text begin [341.324] AMBULANCE.
new text end

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

Sec. 21.

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

341.33 PHYSICAL EXAMINATION REQUIRED; FEES.

Subdivision 1.

Examination by physician.

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

Subd. 2.

Attendance of physician.

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

Sec. 22.

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

new text begin Subdivision 1. new text end

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

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

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

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

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

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

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

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

new text begin Subd. 2. new text end

new text begin Testing. new text end

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

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

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

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

new text begin Subd. 3. new text end

new text begin Discipline. new text end

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

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

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

Sec. 23.

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

new text begin Subdivision 1. new text end

new text begin Challenge. new text end

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

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

new text begin Subd. 2. new text end

new text begin Form. new text end

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

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

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

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

new text begin Subd. 3. new text end

new text begin Timing. new text end

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

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

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

new text begin Subd. 4. new text end

new text begin Opponent's response. new text end

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

new text begin Subd. 5. new text end

new text begin Licensed official review. new text end

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

new text begin Subd. 6. new text end

new text begin Order. new text end

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

new text begin Subd. 7. new text end

new text begin Nonacceptance. new text end

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

new text begin Subd. 8. new text end

new text begin Administrative hearing. new text end

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

Sec. 24.

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

341.355 CIVIL PENALTIES.

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

ARTICLE 5

MISCELLANEOUS POLICY

Section 1.

Minnesota Statutes 2022, section 116J.871, subdivision 2, is amended to read:

Subd. 2.

Prevailing wage required.

new text begin (a) new text end A state agency may provide financial assistance
to a person only if the person receiving or benefiting from the financial assistance certifies
to the commissioner of labor and industry that laborers and mechanics at the project site
during construction, installation, remodeling, and repairs for which the financial assistance
was provided will be paid the prevailing wage rate as defined in section 177.42, subdivision
6. new text begin The person receiving or benefiting from the financial assistance is also subject to the
requirements and enforcement provisions of sections 177.27, 177.30, 177.32, 177.41 to
177.435, and 177.45.
new text end

new text begin (b) For purposes of complying with section 177.30, paragraph (a), clauses (6) and (7),
the state agency awarding the financial assistance is considered the contracting authority
and the project is considered a public works project. The person receiving or benefiting
from the financial assistance shall notify all employers on the project of the record keeping
and reporting requirements in section 177.30, paragraph (a), clauses (6) and (7). Each
employer shall submit the required information to the contracting authority.
new text end

Sec. 2.

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

Subdivision 1.

Established.

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

Sec. 3.

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

Subdivision 1.

Creation.

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

Sec. 4.

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

Subd. 2.

Powers and duties.

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

Sec. 5.

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

Subd. 4.

Compliance orders.

The commissioner may issue an order requiring an
employer to comply with sections 177.21 to 177.435, new text begin 179.86, new text end 181.02, 181.03, 181.031,
181.032, 181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.172, paragraph (a) or (d),
new text begin 181.214 to 181.217, new text end 181.275, subdivision 2a, new text begin 181.635, new text end 181.722, 181.79, and 181.939 to
181.943, or with any rule promulgated under section 177.28 new text begin , 181.213, or 181.215 new text end . The
commissioner shall issue an order requiring an employer to comply with sections 177.41
to 177.435 if the violation is repeated. For purposes of this subdivision only, a violation is
repeated if at any time during the two years that preceded the date of violation, the
commissioner issued an order to the employer for violation of sections 177.41 to 177.435
and the order is final or the commissioner and the employer have entered into a settlement
agreement that required the employer to pay back wages that were required by sections
177.41 to 177.435. The department shall serve the order upon the employer or the employer's
authorized representative in person or by certified mail at the employer's place of business.
An employer who wishes to contest the order must file written notice of objection to the
order with the commissioner within 15 calendar days after being served with the order. A
contested case proceeding must then be held in accordance with sections 14.57 to 14.69.
If, within 15 calendar days after being served with the order, the employer fails to file a
written notice of objection with the commissioner, the order becomes a final order of the
commissioner.

Sec. 6.

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

178.01 PURPOSES.

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

Sec. 7.

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

Subd. 7.

Division.

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

Sec. 8.

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

Subdivision 1.

Establishment of division.

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

Sec. 9.

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

178.11 LABOR EDUCATION ADVANCEMENT GRANT PROGRAM.

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

Sec. 10.

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

Subdivision 1.

Investigation.

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

Sec. 11.

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

181.9436 POSTING OF LAW.

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

Sec. 12.

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

Subdivision 1.

Willful or repeated violations.

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

Sec. 13.

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

Subd. 2.

Serious violations.

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

Sec. 14.

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

Subd. 3.

Nonserious violations.

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

Sec. 15.

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

Subd. 4.

Failure to correct a violation.

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

Sec. 16.

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

Subd. 5.

Posting violations.

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

Sec. 17.

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

new text begin Subd. 6a. new text end

new text begin Increases for inflation. new text end

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

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

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

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

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

Sec. 18.

new text begin [182.677] ERGONOMICS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the definitions in this
subdivision apply unless otherwise specified.
new text end

new text begin (b) "Health care facility" means a hospital with a North American Industrial Classification
system code of 622110, 622210, or 622310; an outpatient surgical center with a North
American Industrial Classification system code of 621493; and a nursing home with a North
American Industrial Classification system code of 623110.
new text end

new text begin (c) "Warehouse distribution center" means an employer with 100 or more employees in
Minnesota and a North American Industrial Classification system code of 493110, 423110
to 423990, 424110 to 424990, 454110, or 492110.
new text end

new text begin (d) "Meatpacking site" means a meatpacking or poultry processing site with 100 or more
employees in Minnesota and a North American Industrial Classification system code of
311611 to 311615, except 311613.
new text end

new text begin (e) "Musculoskeletal disorder" or "MSD" means a disorder of the muscles, nerves,
tendons, ligaments, joints, cartilage, blood vessels, or spinal discs.
new text end

new text begin Subd. 2. new text end

new text begin Ergonomics program required. new text end

new text begin (a) Every licensed health care facility,
warehouse distribution center, or meatpacking site in the state shall create and implement
an effective written ergonomics program establishing the employer's plan to minimize the
risk of its employees developing or aggravating musculoskeletal disorders by utilizing an
ergonomics process. The ergonomics program shall focus on eliminating the risk. To the
extent risk exists, the ergonomics program must include feasible administrative or engineering
controls to reduce the risk.
new text end

new text begin (b) The program shall include:
new text end

new text begin (1) an assessment of hazards with regard to prevention of musculoskeletal disorders;
new text end

new text begin (2) an initial and ongoing training of employees on ergonomics and its benefits, including
the importance of reporting early symptoms of musculoskeletal disorders;
new text end

new text begin (3) a procedure to ensure early reporting of musculoskeletal disorders to prevent or
reduce the progression of symptoms, the development of serious injuries, and lost-time
claims;
new text end

new text begin (4) a process for employees to provide possible solutions that may be implemented to
reduce, control, or eliminate workplace musculoskeletal disorders;
new text end

new text begin (5) procedures to ensure that physical plant modifications and major construction projects
are consistent with program goals; and
new text end

new text begin (6) annual evaluations of the ergonomics program and whenever a change to the work
process occurs.
new text end

new text begin Subd. 3. new text end

new text begin Annual evaluation of program required. new text end

new text begin There must be an established
procedure to annually assess the effectiveness of the ergonomics program, including
evaluation of corrective actions taken in response to reporting of symptoms by employees.
The annual assessment shall determine the success of the implemented ergonomic solutions
and whether goals set by the ergonomics program have been met.
new text end

new text begin Subd. 4. new text end

new text begin Employee training. new text end

new text begin (a) An employer subject to this section must train all new
and existing employees on the following:
new text end

new text begin (1) the name of each individual on the employer's safety committee;
new text end

new text begin (2) the facility's hazard prevention and control plan;
new text end

new text begin (3) the early signs and symptoms of musculoskeletal injuries and the procedures for
reporting them;
new text end

new text begin (4) the procedures for reporting injuries and other hazards;
new text end

new text begin (5) any administrative or engineering controls related to ergonomic hazards that are in
place or will be implemented at the facility;
new text end

new text begin (6) how to use personal protective equipment, whether it is available, and where it is
located; and
new text end

new text begin (7) the requirements of subdivision 9.
new text end

new text begin (b) New and current employees must be trained according to paragraph (a) prior to
starting work. The employer must provide the training during working hours and compensate
the employee for attending the training at the employee's standard rate of pay. All training
must be in a language and with vocabulary that the employee can understand.
new text end

new text begin (c) Updates to the information conveyed in the training shall be communicated to
employees as soon as practicable.
new text end

new text begin Subd. 5. new text end

new text begin Involvement of employees. new text end

new text begin Employers subject to this section must solicit
feedback for its ergonomics program through its safety committee required by section
182.676, in addition to any other opportunities for employee participation the employer
may provide. The safety committee must be directly involved in ergonomics worksite
assessments and participate in the annual evaluation required by subdivision 3.
new text end

new text begin Subd. 6. new text end

new text begin Workplace program or AWAIR. new text end

new text begin An employer subject to this section must
reference its ergonomics program in a written Workplace Accident and Injury Reduction
(AWAIR) program required by section 182.653, subdivision 8.
new text end

new text begin Subd. 7. new text end

new text begin Recordkeeping. new text end

new text begin An employer subject to this section must maintain:
new text end

new text begin (1) a written certification dated and signed by each person who provides training and
each employee who receives training pursuant to this section. The certification completed
by the training providers must state that the employer has provided training consistent with
the requirements of this section;
new text end

new text begin (2) a record of all worker visits to on-site medical or first aid personnel for the last five
years, regardless of severity or type of illness or injury; and
new text end

new text begin (3) a record of all ergonomic injuries suffered by employees for the last five years.
new text end

new text begin Subd. 8. new text end

new text begin Availability of records. new text end

new text begin (a) The employer must ensure that the certification
records required by subdivision 7, clause (1), are up to date and available to the
commissioner, employees, and authorized employee representatives, if any, upon request.
new text end

new text begin (b) Upon the request of the commissioner, an employee, or an authorized employee
representative, the employer must provide the requestor a redacted version of the medical
or first aid records and records of all ergonomic injuries. The name, contact information,
and occupation of an employee, and any other information that would reveal the identity
of an employee, must be removed in the redacted version. The redacted version must only
include, to the extent it would not reveal the identity of an employee, the location where
the employee worked, the date of the injury or visit, a description of the medical treatment
or first aid provided, and a description of the injury suffered.
new text end

new text begin (c) The employer must also make available to the commissioner the unredacted medical
or first aid records and unredacted records of ergonomic injuries required by subdivision
7, clause (2), upon request.
new text end

new text begin Subd. 9. new text end

new text begin Reporting encouraged. new text end

new text begin Any employer subject to this section must not institute
or maintain any program, policy, or practice that discourages employees from reporting
injuries, hazards, or safety and health standard violations, including ergonomic-related
hazards and symptoms of musculoskeletal disorders.
new text end

new text begin Subd. 10. new text end

new text begin Training materials. new text end

new text begin The commissioner shall make training materials on
implementation of this section available to all employers, upon request, at no cost as part
of the duties of the commissioner under section 182.673.
new text end

new text begin Subd. 11. new text end

new text begin Enforcement. new text end

new text begin This section shall be enforced by the commissioner under
sections 182.66 and 182.661. A violation of this section is subject to the penalties provided
under section 182.666.
new text end

new text begin Subd. 12. new text end

new text begin Grant program. new text end

new text begin (a) The commissioner shall establish an ergonomics grant
program to provide matching funding for employers who are subject to this section to make
ergonomic improvements recommended by an on-site safety survey. Minnesota Rules,
chapter 5203, applies to the administration of the grant program.
new text end

new text begin (b) To be eligible for a grant under this section, an employer must:
new text end

new text begin (1) be a licensed health care facility, warehouse distribution center, or meatpacking site
as defined by subdivision 1;
new text end

new text begin (2) have current workers' compensation insurance provided through the assigned risk
plan, provided by an insurer subject to penalties under chapter 176, or as an approved
self-insured employer; and
new text end

new text begin (3) have an on-site safety survey with results that recommend specific equipment or
practices that will reduce the risk of injury or illness to employees and prevent
musculoskeletal disorders. This survey must have been conducted by a Minnesota
occupational safety and health compliance investigator or workplace safety consultant, an
in-house safety and health committee, a workers' compensation insurance underwriter, a
private consultant, or a person under contract with the assigned risk plan.
new text end

new text begin (c) Grant funds may be used for all or part of the cost of the following:
new text end

new text begin (1) purchasing and installing recommended equipment intended to prevent
musculoskeletal disorders;
new text end

new text begin (2) operating or maintaining recommended equipment intended to prevent musculoskeletal
disorders;
new text end

new text begin (3) property, if the property is necessary to meet the recommendations of the on-site
safety survey that are related to prevention of musculoskeletal disorders;
new text end

new text begin (4) training required to operate recommended safety equipment to prevent musculoskeletal
disorders; and
new text end

new text begin (5) tuition reimbursement for educational costs related to identifying ergonomic-related
issues that are related to the recommendations of the on-site safety survey.
new text end

new text begin (d) The commissioner shall evaluate applications, submitted on forms developed by the
commissioner, based on whether the proposed project:
new text end

new text begin (1) is technically and economically feasible;
new text end

new text begin (2) is consistent with the recommendations of the on-site safety survey and the objective
of reducing risk of injury or illness to employees and preventing musculoskeletal disorders;
new text end

new text begin (3) was submitted by an applicant with sufficient experience, knowledge, and commitment
for the project to be implemented in a timely manner;
new text end

new text begin (4) has the necessary financial commitments to cover all project costs;
new text end

new text begin (5) has the support of all public entities necessary for its completion; and
new text end

new text begin (6) complies with federal, state, and local regulations.
new text end

new text begin (e) Grants under this section shall provide a match of up to $10,000 for private funds
committed by the employer to implement the recommended ergonomics-related equipment
or practices.
new text end

new text begin (f) Grants will be awarded to all applicants that meet the eligibility and evaluation criteria
under paragraphs (b), (c), and (d) until funding is depleted. If there are more eligible requests
than funding, awards will be prorated.
new text end

new text begin (g) Grant recipients are not eligible to apply for another grant under chapter 176 until
two years after the date of the award.
new text end

new text begin Subd. 13. new text end

new text begin Standard development. new text end

new text begin The commissioner may propose an ergonomics
standard using the authority provided in section 182.655.
new text end

Sec. 19.

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

Subd. 6.

Fees nonrefundable.

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

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

(2) any overpayment of fees; and

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

Sec. 20.

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

326B.096 REINSTATEMENT OF LICENSES.

Subdivision 1.

Reinstatement after revocation.

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

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

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

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

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

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

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

Subd. 2.

Reinstatement after suspension.

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

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

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

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

Subd. 3.

Reinstatement after voluntary termination.

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

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

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

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

Sec. 21.

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

new text begin Subd. 6a. new text end

new text begin Electric vehicle capable space. new text end

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

Sec. 22.

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

new text begin Subd. 6b. new text end

new text begin Electric vehicle charging station. new text end

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

Sec. 23.

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

new text begin Subd. 6c. new text end

new text begin Electric vehicle ready space. new text end

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

Sec. 24.

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

new text begin Subd. 10a. new text end

new text begin Parking facilities. new text end

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

Sec. 25.

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

Subd. 13.

State licensed facility.

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

Sec. 26.

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

Subdivision 1.

Adoption of code.

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

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

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

(d) Notwithstanding paragraph (c), the commissioner shall act on each new model
residential energy code and the new model commercial energy code in accordance with
federal law for which the United States Department of Energy has issued an affirmative
determination in compliance with United States Code, title 42, section 6833. The
commissioner may adopt amendments prior to adoption of the new energy codes, as amended
for use in Minnesota, to advance construction methods, technology, or materials, or, where
necessary to protect the health, safety, and welfare of the public, or to improve the efficiency
or use of a building.

new text begin (e) Beginning in 2024, the commissioner shall act on the new model commercial energy
code by adopting each new published edition of ASHRAE 90.1 or a more efficient standard.
The commercial energy code in effect in 2036 and thereafter must achieve an 80 percent
reduction in annual net energy consumption or greater, using the ASHRAE 90.1-2004 as a
baseline. The commissioner shall adopt commercial energy codes from 2024 to 2036 that
incrementally move toward achieving the 80 percent reduction in annual net energy
consumption. By January 15 of the year following each new code adoption, the commissioner
shall make a report on progress under this section to the legislative committees with
jurisdiction over the energy code. The commissioner may adjust the standard as necessary
upon consideration of the impact to building affordability, energy reliability, and other
factors deemed appropriate. Nothing in this paragraph shall be construed to limit the
installation, operation, or use of a system, appliance, or other equipment based on the energy
source used to power the system, appliance, or other equipment.
new text end

new text begin (f) Nothing in this section shall be interpreted to limit the ability of a public utility to
offer code support programs, or to claim energy savings resulting from such programs,
through its energy conservation and optimization plans approved by the commissioner of
commerce under section 216B.241 or an energy conservation and optimization plan filed
by a consumer-owned utility under section 216B.2403.
new text end

Sec. 27.

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

Subd. 4.

Special requirements.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

new text begin (n) Adult-size changing facilities. The commissioner shall adopt rules requiring
adult-size changing facilities as part of the State Building Code.
new text end

Sec. 28.

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

new text begin Subd. 16. new text end

new text begin Electric vehicle charging. new text end

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

Sec. 29.

Minnesota Statutes 2022, section 326B.802, subdivision 15, is amended to read:

Subd. 15.

Special skill.

"Special skill" means one of the following eight categories:

(a) Excavation. Excavation includes work in any of the following areas:

(1) excavation;

(2) trenching;

(3) grading; and

(4) site grading.

(b) Masonry and concrete. Masonry and concrete includes work in any of the following
areas:

(1) drain systems;

(2) poured walls;

(3) slabs and poured-in-place footings;

(4) masonry walls;

(5) masonry fireplaces;

(6) masonry veneer; and

(7) water resistance and waterproofing.

(c) Carpentry. Carpentry includes work in any of the following areas:

(1) rough framing;

(2) finish carpentry;

(3) doors, windows, and skylights;

(4) porches and decks, excluding footings;

(5) wood foundations; and

(6) drywall installation, excluding taping and finishing.

(d) Interior finishing. Interior finishing includes work in any of the following areas:

(1) floor covering;

(2) wood floors;

(3) cabinet and counter top installation;

(4) insulation and vapor barriers;

(5) interior or exterior painting;

(6) ceramic, marble, and quarry tile;

(7) ornamental guardrail and installation of prefabricated stairs; and

(8) wallpapering.

(e) Exterior finishing. Exterior finishing includes work in any of the following areas:

(1) siding;

(2) soffit, fascia, and trim;

(3) exterior plaster and stucco;

(4) painting; and

(5) rain carrying systems, including gutters and down spouts.

(f) Drywall and plaster. Drywall and plaster includes work in any of the following
areas:

(1) installation;

(2) taping;

(3) finishing;

(4) interior plaster;

(5) painting; and

(6) wallpapering.

(g) Residential roofing. Residential roofing includes work in any of the following areas:

(1) roof coverings;

(2) roof sheathing;

(3) roof weatherproofing and insulation; deleted text begin and
deleted text end

(4) repair of roof support system, but not construction of new roof support system new text begin ; and
new text end

new text begin (5) penetration of roof coverings for purposes of attaching a solar photovoltaic system new text end .

(h) General installation specialties. Installation includes work in any of the following
areas:

(1) garage doors and openers;

(2) pools, spas, and hot tubs;

(3) fireplaces and wood stoves;

(4) asphalt paving and seal coating; deleted text begin and
deleted text end

(5) ornamental guardrail and prefabricated stairs new text begin ; and
new text end

new text begin (6) assembly of the support system for a solar photovoltaic system new text end .

Sec. 30. new text begin RULEMAKING AUTHORITY.
new text end

new text begin The commissioner of labor and industry shall adopt rules, using the expedited rulemaking
process in Minnesota Statutes, section 14.389, that set forth adult-size changing facilities
to conform with the addition of Minnesota Statutes, section 326B.106, subdivision 4,
paragraph (n), under this act.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 31. new text begin REPEALER.
new text end

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

ARTICLE 6

SAFE WORKPLACES FOR MEAT AND POULTRY PROCESSING WORKERS

Section 1.

new text begin [179.87] TITLE.
new text end

new text begin Sections 179.87 to 179.8757 may be titled the "Safe Workplaces for Meat and Poultry
Processing Workers Act."
new text end

Sec. 2.

new text begin [179.871] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of sections 179.87 to 179.8757, the terms in
this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Authorized employee representative. new text end

new text begin "Authorized employee representative"
has the meaning given in section 182.651, subdivision 22.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

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

new text begin Subd. 4. new text end

new text begin Coordinator. new text end

new text begin "Coordinator" means the meatpacking industry worker rights
coordinator or the coordinator's designee.
new text end

new text begin Subd. 5. new text end

new text begin Meat-processing worker. new text end

new text begin "Meat-processing worker" or "worker" means any
individual who a meat-processing employer suffers or permits to work directly in contact
with raw meatpacking products in a meatpacking operation, including independent contractors
and persons performing work for an employer through a temporary service or staffing
agency. Workers in a meatpacking operation who inspect or package meatpacking products
and workers who clean, maintain, or sanitize equipment or surfaces are included in the
definition of a meat-processing worker. Meat-processing worker does not include a federal,
state, or local government inspector.
new text end

new text begin Subd. 6. new text end

new text begin Meatpacking operation. new text end

new text begin "Meatpacking operation" or "meat-processing
employer" means a meatpacking or poultry processing site with 100 or more employees in
Minnesota and a North American Industrial Classification system (NAICS) code of 311611
to 311615, excluding NAICS code 311613. Meatpacking operation or meat-processing
employer does not mean a grocery store, butcher shop, meat market, deli, restaurant, or
other business preparing meatpacking products for immediate consumption or for sale in a
retail establishment or otherwise directly to an end-consumer.
new text end

new text begin Subd. 7. new text end

new text begin Meatpacking products. new text end

new text begin "Meatpacking products" means meat food products
and poultry food products as defined in section 31A.02, subdivision 10.
new text end

Sec. 3.

new text begin [179.8715] WORKER RIGHTS COORDINATOR.
new text end

new text begin (a) The commissioner must appoint a meatpacking industry worker rights coordinator
in the Department of Labor and Industry and provide the coordinator with necessary office
space, furniture, equipment, supplies, and assistance.
new text end

new text begin (b) The commissioner must enforce sections 179.87 to 179.8757, including inspecting,
reviewing, and recommending improvements to the practices and procedures of meatpacking
operations in Minnesota. A meat-processing employer must grant the commissioner full
access to all meatpacking operations in this state at any time that meatpacking products are
being processed or meat-processing workers are on the job.
new text end

new text begin (c) No later than December 1 each year, beginning December 1, 2024, the coordinator
must submit a report to the governor and the chairs and ranking minority members of the
legislative committees with jurisdiction over labor. The report must include recommendations
to promote better treatment of meat-processing workers. The coordinator shall also post the
report on the Department of Labor and Industry's website.
new text end

Sec. 4.

new text begin [179.872] REFUSAL TO WORK UNDER DANGEROUS CONDITIONS.
new text end

new text begin A meat-processing worker has the right to refuse to work under dangerous conditions
in accordance with section 182.654, subdivision 11. Pursuant to section 182.654, subdivision
11, the worker shall continue to receive pay and shall not be subject to discrimination.
new text end

Sec. 5.

new text begin [179.875] ENFORCEMENT AND COMPLIANCE.
new text end

new text begin Subdivision 1. new text end

new text begin Administrative enforcement. new text end

new text begin The commissioner, either on the
commissioner's initiative or in response to a complaint, may inspect a meatpacking operation
and subpoena records and witnesses as provided in sections 175.20, 177.27, and 182.659.
If a meat-processing employer does not comply with the commissioner's inspection, the
commissioner may seek relief as provided in this section or chapter 175 or 182.
new text end

new text begin Subd. 2. new text end

new text begin Compliance authority. new text end

new text begin The commissioner may issue a compliance order under
section 177.27, subdivision 4, requiring an employer to comply with sections 179.8755,
paragraphs (b) and (c); 179.8756, subdivisions 1 to 3 and 4, paragraphs (f) and (g); and
179.8757. The commissioner also has authority, pursuant to section 182.662, subdivision
1, to issue a stop work or business closure order when there is a condition or practice that
could result in death or serious physical harm.
new text end

new text begin Subd. 3. new text end

new text begin Private civil action. new text end

new text begin If a meat-processing employer does not comply with a
provision in sections 179.87 to 179.8757, an aggrieved worker, authorized employee
representative, or other person may bring a civil action in a court of competent jurisdiction
within three years of an alleged violation and, upon prevailing, must be awarded the relief
provided in this section. Pursuing administrative relief is not a prerequisite for bringing a
civil action.
new text end

new text begin Subd. 4. new text end

new text begin Other government enforcement. new text end

new text begin The attorney general may enforce sections
179.87 to 179.8757 under section 8.31. A city or county attorney may also enforce these
sections. Such law enforcement agencies may inspect meatpacking operations and subpoena
records and witnesses and, where such agencies determine that a violation has occurred,
may bring a civil action as provided in this section.
new text end

new text begin Subd. 5. new text end

new text begin Relief. new text end

new text begin (a) In a civil action or administrative proceeding brought to enforce
sections 179.87 to 179.8757, the court or commissioner must order relief as provided in this
subdivision.
new text end

new text begin (b) For any violation of sections 179.87 to 179.8757:
new text end

new text begin (1) an injunction to order compliance and restrain continued violations;
new text end

new text begin (2) payment to a prevailing worker by a meat-processing employer of reasonable costs,
disbursements, and attorney fees; and
new text end

new text begin (3) a civil penalty payable to the state of not less than $100 per day per worker affected
by the meat-processing employer's noncompliance with sections 179.87 to 179.8757.
new text end

new text begin (c) Any worker who brings a complaint under sections 179.87 to 179.8757 and suffers
retaliation is entitled to treble damages in addition to lost pay and recovery of attorney fees
and costs.
new text end

new text begin (d) Any company who is found to have retaliated against a meat-processing worker must
pay a fine of up to $10,000 to the commissioner, in addition to other penalties available
under law.
new text end

new text begin Subd. 6. new text end

new text begin Whistleblower enforcement; penalty distribution. new text end

new text begin (a) The relief provided in
this section may be recovered through a private civil action brought on behalf of the
commissioner in a court of competent jurisdiction by another individual, including an
authorized employee representative, pursuant to this subdivision.
new text end

new text begin (b) The individual must give written notice to the coordinator of the specific provision
or provisions of sections 179.87 to 179.8757 alleged to have been violated. The individual
or representative organization may commence a civil action under this subdivision if no
enforcement action is taken by the commissioner within 30 days.
new text end

new text begin (c) Civil penalties recovered pursuant to this subdivision must be distributed as follows:
new text end

new text begin (1) 70 percent to the commissioner for enforcement of sections 179.87 to 179.8757; and
new text end

new text begin (2) 30 percent to the individual or authorized employee representative.
new text end

new text begin (d) The right to bring an action under this subdivision shall not be impaired by private
contract. A public enforcement action must be tried promptly, without regard to concurrent
adjudication of a private claim for the same alleged violation.
new text end

Sec. 6.

new text begin [179.8755] RETALIATION AGAINST EMPLOYEES AND
WHISTLEBLOWERS PROHIBITED.
new text end

new text begin (a) Pursuant to section 182.669, no meat-processing employer or other person may
discharge or discriminate against a worker because the employee has raised a concern about
a meatpacking operation's health and safety practices to the employer or otherwise exercised
any right authorized under sections 182.65 to 182.674.
new text end

new text begin (b) No meat-processing employer or other person may attempt to require any worker to
sign a contract or other agreement that would limit or prevent the worker from disclosing
information about workplace health and safety practices or hazards, or to otherwise abide
by a workplace policy that would limit or prevent such disclosures. Any such agreements
or policies are hereby void and unenforceable as contrary to the public policy of this state.
An employer's attempt to impose such a contract, agreement, or policy shall constitute an
adverse action enforceable under section 179.875.
new text end

new text begin (c) Reporting or threatening to report a meat-processing worker's suspected citizenship
or immigration status, or the suspected citizenship or immigration status of a family member
of the worker, to a federal, state, or local agency because the worker exercises a right under
sections 179.87 to 179.8757 constitutes an adverse action for purposes of establishing a
violation of that worker's rights. For purposes of this paragraph, "family member" means a
spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin, grandparent, or grandchild
related by blood, adoption, marriage, or domestic partnership.
new text end

Sec. 7.

new text begin [179.8756] MEATPACKING WORKER CHRONIC INJURIES AND
WORKPLACE SAFETY.
new text end

new text begin Subdivision 1. new text end

new text begin Facility committee. new text end

new text begin (a) The meat-processing employer's ergonomics
program under section 182.677, subdivision 2, must be developed and implemented by a
committee of individuals who are knowledgeable of the tasks and work processes performed
by workers at the employer's facility. The committee must include:
new text end

new text begin (1) a certified professional ergonomist;
new text end

new text begin (2) a licensed, board-certified physician, with preference given to a physician who has
specialized experience and training in occupational medicine; and
new text end

new text begin (3) at least three workers employed in the employer's facility who have completed a
general industry outreach course approved by the commissioner, one of whom must be an
authorized employee representative if the employer is party to a collective bargaining
agreement.
new text end

new text begin (b) If it is not practicable for a certified professional ergonomist or a licensed,
board-certified physician to be a member of the committee required by paragraph (b), the
meatpacking employer must have their ergonomics program reviewed by a certified
professional ergonomist and a licensed, board-certified physician prior to implementation
of the program and annually thereafter.
new text end

new text begin Subd. 2. new text end

new text begin New task and annual safety training. new text end

new text begin (a) Meat-processing employers must
provide every worker who is assigned a new task if the worker has no previous work
experience with training on how to safely perform the task, the ergonomic and other hazards
associated with the task, and training on the early signs and symptoms of musculoskeletal
injuries and the procedures for reporting them. The employer must give a worker an
opportunity within 30 days of receiving the new task training to receive refresher training
on the topics covered in the new task training. The employer must provide this training in
a language and with vocabulary that the employee can understand.
new text end

new text begin (b) Meat-processing employers must provide each worker with no less than eight hours
of safety training each year. This annual training must address health and safety topics that
are relevant to the establishment and the worker's job assignment, such as cuts, lacerations,
amputations, machine guarding, biological hazards, lockout/tagout, hazard communication,
ergonomic hazards, and personal protective equipment. At least two of the eight hours of
annual training must be on topics related to the facility's ergonomic injury prevention
program, including the assessment of surveillance data, the ergonomic hazard prevention
and control plan, and the early signs and symptoms of musculoskeletal disorders and the
procedures for reporting them. The employer must provide this training in a language and
with vocabulary that the employee can understand.
new text end

new text begin Subd. 3. new text end

new text begin Medical services and qualifications. new text end

new text begin (a) Meat-processing employers must
ensure that:
new text end

new text begin (1) all first-aid providers, medical assistants, nurses, and physicians engaged by the
employer are licensed and perform their duties within the scope of their licensed practice;
new text end

new text begin (2) medical management of musculoskeletal disorders is under direct supervision of a
licensed physician specializing in occupational medicine who will advise on best practices
for management and prevention of work-related musculoskeletal disorders; and
new text end

new text begin (3) medical management of musculoskeletal injuries follows the most current version
of the American College of Occupational and Environmental Medicine practice guidelines.
new text end

new text begin (b) The coordinator may compile, analyze, and publish annually, either in summary or
detailed form, all reports or information obtained under sections 179.87 to 179.8757,
including information about ergonomics programs, and may cooperate with the United
States Department of Labor in obtaining national summaries of occupational deaths, injuries,
and illnesses. The coordinator and authorized employee representative must preserve the
anonymity of each employee with respect to whom medical reports or information is obtained.
new text end

new text begin (c) Meat-processing employers must not institute or maintain any program, policy, or
practice that discourages employees from reporting injuries, hazards, or safety standard
violations, unless the employee authorizes employee's information be shared.
new text end

new text begin Subd. 4. new text end

new text begin Pandemic protections. new text end

new text begin (a) This subdivision applies during a public health
emergency that involves airborne transmission.
new text end

new text begin (b) Meat-processing employers must maintain a radius of space around and between
each worker according to the Centers for Disease Control and Prevention guidelines unless
a nonporous barrier separates the workers. An employer may accomplish such distancing
by increasing physical space between workstations, slowing production speeds, staggering
shifts and breaks, adjusting shift size, or a combination thereof. The employer must
reconfigure common or congregate spaces to allow for such distancing, including lunch
rooms, break rooms, and locker rooms. The employer must reinforce social distancing by
allowing workers to maintain six feet of distance along with the use of nonporous barriers.
new text end

new text begin (c) Meat-processing employers must provide employees with face masks and must make
face shields available on request. Face masks, including replacement face masks, and face
shields must be provided at no cost to the employee. All persons present at the meatpacking
operation must wear face masks in the facility except in those parts of the facility where
infection risk is low because workers work in isolation.
new text end

new text begin (d) Meat-processing employers must provide all meat-processing workers with the ability
to frequently and routinely sanitize their hands with either hand-washing or hand-sanitizing
stations. The employer must ensure that restrooms have running hot and cold water and
paper towels and are in sanitary condition. The employer must provide gloves to those who
request them.
new text end

new text begin (e) Meat-processing employers must clean and regularly disinfect all frequently touched
surfaces in the workplace, such as workstations, training rooms, machinery controls, tools,
protective garments, eating surfaces, bathrooms, showers, and other similar areas. Employers
must install and maintain ventilation systems that ensure unidirectional air flow, outdoor
air, and filtration in both production areas and common areas such as cafeterias and locker
rooms.
new text end

new text begin (f) Meat-processing employers must disseminate all required communications, notices,
and any published materials regarding these protections in English, Spanish, and other
languages as required for employees to understand the communication.
new text end

new text begin (g) Consistent with sections 177.253 and 177.254, meat-processing employers must
provide adequate break time for workers to use the bathroom, wash their hands, and don
and doff protective equipment. Nothing in this section relieves an employer of its obligation
to comply with federal and state wage and hour laws.
new text end

new text begin (h) Meat-processing employers must provide sufficient personal protective equipment
for each employee for each shift, plus replacements, at no cost to the employee.
Meat-processing employers must provide training in proper use of personal protective
equipment, safety procedures, and sanitation.
new text end

new text begin (i) Meat-processing employers must record all injuries and illnesses in the facility and
make these records available upon request to the health and safety committee. The name,
contact information, and occupation of an employee, and any other information that would
reveal the identity of an employee, must be removed. The redacted records must only include,
to the extent it would not reveal the identity of an employee, the location where the employee
worked, the date of the injury or visit, a description of the medical treatment or first aid
provided, and a description of the injury suffered. The employer also must make its records
available to the commissioner, and where there is a collective bargaining agreement, to the
authorized bargaining representative.
new text end

new text begin (j) Except for paragraphs (f) and (g), this section shall be enforced by the commissioner
under sections 182.66 and 182.661. A violation of this section is subject to the penalties
provided under section 182.666. Paragraphs (f) and (g) are enforceable by the commissioner
as described in section 179.875, subdivision 2.
new text end

new text begin (k) This subdivision may also be enforced as described in section 179.875, subdivisions
3 to 6.
new text end

Sec. 8.

new text begin [179.8757] NOTIFICATION REQUIRED.
new text end

new text begin (a) Meat-processing employers must provide written information and notifications about
employee rights under section 179.86 and sections 179.87 to 179.8757 to workers in their
language of fluency at least annually. If a worker is unable to understand written information
and notifications, the employer must provide such information and notices orally in the
worker's language of fluency.
new text end

new text begin (b) The coordinator must notify covered employers of the provisions of sections 179.87
to 179.8757 and any recent updates at least annually.
new text end

new text begin (c) The coordinator must place information explaining sections 179.87 to 179.8757 on
the Department of Labor and Industry's website in at least English, Spanish, and any other
language that at least ten percent of meat-processing workers communicate in fluently. The
coordinator must also make the information accessible to persons with impaired visual
acuity.
new text end

Sec. 9.

Minnesota Statutes 2022, section 182.654, subdivision 11, is amended to read:

Subd. 11.

Refusal to work under dangerous conditions.

An employee acting in good
faith has the right to refuse to work under conditions which the employee reasonably believes
present an imminent danger of death or serious physical harm to the employee.

A reasonable belief of imminent danger of death or serious physical harm includes but
is not limited to a reasonable belief of the employee that the employee has been assigned
to work in an unsafe or unhealthful manner with a hazardous substance, harmful physical
agent or infectious agent.

An employer may not discriminate against an employee for a good faith refusal to
perform assigned tasks if the employee has requested that the employer correct the hazardous
conditions but the conditions remain uncorrected.

An employee who has refused in good faith to perform assigned tasks and who has not
been reassigned to other tasks by the employer shall, in addition to retaining a right to
continued employment, receive pay for the tasks which would have been performed if (1)
the employee requests the commissioner to inspect and determine the nature of the hazardous
condition, and (2) the commissioner determines that the employee, by performing the
assigned tasks, would have been placed in imminent danger of death or serious physical
harm.

new text begin Additionally, an administrative law judge may order, in addition to the relief found in
section 182.669:
new text end

new text begin (1) reinstatement of the worker to the same position held before any adverse personnel
action or to an equivalent position, reinstatement of full fringe benefits and seniority rights,
and compensation for unpaid wages, benefits and other remuneration, or front pay in lieu
of reinstatement; and
new text end

new text begin (2) compensatory damages payable to the aggrieved worker equal to the greater of $5,000
or twice the actual damages, including unpaid wages, benefits and other remuneration, and
punitive damages.
new text end

ARTICLE 7

REGULATION OF RESTRICTIVE EMPLOYMENT AGREEMENTS

Section 1.

new text begin [181.141] SEXUAL HARASSMENT OR ABUSE SETTLEMENT;
PAYMENT AS SEVERANCE OR WAGES PROHIBITED.
new text end

new text begin In a sexual harassment or abuse settlement between an employer and an employee, when
there is a financial settlement provided, the financial settlement cannot be provided as wages
or severance pay to the employee regardless of whether the settlement includes a
nondisclosure agreement.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

new text begin [181.987] COVENANTS NOT TO COMPETE VOID IN EMPLOYMENT
AGREEMENTS; SUBSTANTIVE PROTECTIONS OF MINNESOTA LAW APPLY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Covenant not to compete" means an agreement between
an employee and employer that restricts the employee, after termination of the employment,
from performing:
new text end

new text begin (1) work for another employer for a specified period of time;
new text end

new text begin (2) work in a specified geographical area; or
new text end

new text begin (3) work for another employer in a capacity that is similar to the employee's work for
the employer that is party to the agreement.
new text end

new text begin A covenant not to compete does not include a nondisclosure agreement, or agreement
designed to protect trade secrets or confidential information. A covenant not to compete
does not include a nonsolicitation agreement, or agreement restricting the ability to use
client or contact lists, or solicit customers of the employer.
new text end

new text begin (b) "Employer" means any individual, partnership, association, corporation, business,
trust, or any person or group of persons acting directly or indirectly in the interest of an
employer in relation to an employee.
new text end

new text begin (c) "Employee" as used in this section means any individual who performs services for
an employer, including independent contractors.
new text end

new text begin (d) "Independent contractor" means any individual whose employment is governed by
a contract and whose compensation is not reported to the Internal Revenue Service on a
W-2 form. For purposes of this section, independent contractor also includes any corporation,
limited liability corporation, partnership, or other corporate entity when an employer requires
an individual to form such an organization for purposes of entering into a contract for
services as a condition of receiving compensation under an independent contractor agreement.
new text end

new text begin Subd. 2. new text end

new text begin Covenants not to compete void and unenforceable. new text end

new text begin (a) Any covenant not to
compete contained in a contract or agreement is void and unenforceable.
new text end

new text begin (b) Notwithstanding paragraph (a), a covenant not to compete is valid and enforceable
if:
new text end

new text begin (1) the covenant not to compete is agreed upon during the sale of a business. The person
selling the business and the partners, members, or shareholders, and the buyer of the business
may agree on a temporary and geographically restricted covenant not to compete that will
prohibit the seller of the business from carrying on a similar business within a reasonable
geographic area and for a reasonable length of time; or
new text end

new text begin (2) the covenant not to compete is agreed upon in anticipation of the dissolution of a
business. The partners, members, or shareholders, upon or in anticipation of a dissolution
of a partnership, limited liability company, or corporation may agree that all or any number
of the parties will not carry on a similar business within a reasonable geographic area where
the business has been transacted.
new text end

new text begin (c) Nothing in this subdivision shall be construed to render void or unenforceable any
other provisions in a contract or agreement containing a void or unenforceable covenant
not to compete.
new text end

new text begin (d) In addition to injunctive relief and any other remedies available, a court may award
an employee who is enforcing rights under this section reasonable attorney fees.
new text end

new text begin Subd. 3. new text end

new text begin Choice of law; venue. new text end

new text begin (a) An employer must not require an employee who
primarily resides and works in Minnesota, as a condition of employment, to agree to a
provision in an agreement or contract that would do either of the following:
new text end

new text begin (1) require the employee to adjudicate outside of Minnesota a claim arising in Minnesota;
or
new text end

new text begin (2) deprive the employee of the substantive protection of Minnesota law with respect to
a controversy arising in Minnesota.
new text end

new text begin (b) Any provision of a contract or agreement that violates paragraph (a) is voidable at
any time by the employee and if a provision is rendered void at the request of the employee,
the matter shall be adjudicated in Minnesota and Minnesota law shall govern the dispute.
new text end

new text begin (c) In addition to injunctive relief and any other remedies available, a court may award
an employee who is enforcing rights under this section reasonable attorney fees.
new text end

new text begin (d) For purposes of this section, adjudication includes litigation and arbitration.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2022, section 290.0132, is amended by adding a subdivision
to read:

new text begin Subd. 31. new text end

new text begin Damages for sexual harassment or abuse. new text end

new text begin The amount of qualifying damages
received is a subtraction. For purposes of this subdivision, "qualifying damages" means:
new text end

new text begin (1) damages received under a sexual harassment or abuse claim that are not excluded
from gross income under section 104(a)(2) of the Internal Revenue Code because the injury
or sickness for which the damages are paid are not physical; or
new text end

new text begin (2) severance pay received under a financial settlement of a sexual harassment or abuse
claim that does not include a nondisclosure agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December
31, 2022.
new text end

ARTICLE 8

BUILDING AND CONSTRUCTION CONTRACTS

Section 1.

Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Indemnification agreement. new text end

new text begin "Indemnification agreement" means an agreement
by the promisor to indemnify, defend, or hold harmless the promisee against liability or
claims of liability for damages arising out of bodily injury to persons or out of physical
damage to tangible or real property.
new text end

Sec. 2.

Minnesota Statutes 2022, section 15.71, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Promisee. new text end

new text begin "Promisee" includes that party's independent contractors, agents,
employees, or indemnitees.
new text end

Sec. 3.

Minnesota Statutes 2022, section 15.72, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Unenforceability of certain agreements. new text end

new text begin (a) An indemnification agreement
contained in, or executed in connection with, a contract for a public improvement is
unenforceable except to the extent that:
new text end

new text begin (1) the underlying injury or damage is attributable to the negligent or otherwise wrongful
act or omission, including breach of a specific contractual duty, of the promisor or the
promisor's independent contractors, agents, employees, or delegatees; or
new text end

new text begin (2) an owner, a responsible party, or a governmental entity agrees to indemnify a
contractor directly or through another contractor with respect to strict liability under
environmental laws.
new text end

new text begin (b) A provision in a public building or construction contract that requires a party to
provide insurance coverage to one or more other parties, including third parties, for the
negligence or intentional acts or omissions of any of those other parties, including third
parties, is against public policy and is void and unenforceable.
new text end

new text begin (c) Paragraph (b) does not affect the validity of a provision that requires a party to provide
or obtain workers' compensation insurance, construction performance or payment bonds,
builder's risk policies, owner or contractor-controlled insurance programs or policies, or
project-specific insurance for claims arising out of the promisor's negligent acts or omissions
or the negligent acts or omissions of the promisors, independent contractors, agents,
employees, or delegatees.
new text end

new text begin (d) Paragraph (b) does not affect the validity of a provision that requires the promisor
to provide or obtain insurance coverage for the promisee's vicarious liability, or liability
imposed by warranty, arising out of the acts or omissions of the promisor.
new text end

new text begin (e) Paragraph (b) does not apply to building and construction contracts for work within
50 feet of public or private railroads, or railroads regulated by the Federal Railroad
Administration.
new text end

Sec. 4.

Minnesota Statutes 2022, section 337.01, subdivision 3, is amended to read:

Subd. 3.

Indemnification agreement.

"Indemnification agreement" means an agreement
by the promisor to indemnify new text begin , defend, new text end or hold harmless the promisee against liability or
claims of liability for damages arising out of bodily injury to persons or out of physical
damage to tangible or real property.

Sec. 5.

Minnesota Statutes 2022, section 337.05, subdivision 1, is amended to read:

Subdivision 1.

Agreements valid.

(a) Except as otherwise provided in paragraph (b),
sections 337.01 to 337.05 do not affect the validity of agreements whereby a promisor agrees
to provide specific insurance coverage for the benefit of others.

(b) A provision that requires a party to provide insurance coverage to one or more other
parties, including third parties, for the negligence or intentional acts or omissions of any of
those other parties, including third parties, is against public policy and is void and
unenforceable.

(c) Paragraph (b) does not affect the validity of a provision that requires a party to provide
or obtain workers' compensation insurance, construction performance or payment bonds,
deleted text begin or project-specific insurance, including, without limitation, builder's risk policies or owner
or contractor-controlled insurance programs or policies deleted text end new text begin builder's risk policies, owner or
contractor-controlled insurance programs or policies, or project-specific insurance for claims
arising out of the promisor's negligent acts or omissions or the negligent acts or omissions
of the promisors, independent contractors, agents, employees, or delegatees new text end .

(d) Paragraph (b) does not affect the validity of a provision that requires the promisor
to provide or obtain insurance coverage for the promisee's vicarious liability, or liability
imposed by warranty, arising out of the acts or omissions of the promisor.

(e) Paragraph (b) does not apply to building and construction contracts for work within
50 feet of public or private railroads, or railroads regulated by the Federal Railroad
Administration.

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment and apply to agreements
entered into on or after that date.
new text end

APPENDIX

Repealed Minnesota Statutes: S2782-1

177.26 DIVISION OF LABOR STANDARDS.

Subd. 3.

Employees; transfer from Division of Women and Children.

All persons employed by the department in the Division of Women and Children are transferred to the Division of Labor Standards. A transferred person does not lose rights acquired by reason of employment at the time of transfer.