Minnesota Legislature
SF 5266
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/16/2024 09:57am
Current Version - 1st Engrossment
1.28 1.29
1.30 1.31 1.32 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9
2.10 2.11 2.12 2.13 2.14
2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22
2.23 2.24 2.25 2.26 2.27 2.28
2.29 2.30 2.31 2.32 2.33
2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15
4.16
4.17 4.19 4.18 4.20 4.21 4.23 4.22 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 5.1 5.2 5.3 5.4 5.5
5.6 5.8 5.7 5.9 5.11 5.10 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11
6.12 6.14 6.13 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26
6.27 6.28 6.29 6.30 6.31 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9
7.10
7.11 7.12
7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 8.1 8.2 8.3 8.4 8.5 8.6 8.7
8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23
8.24 8.25 8.26 8.27 8.28 8.29 8.30
9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16
9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12
11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19
12.20 12.21 12.22 12.23 12.24 12.25 12.26
12.27 12.28 12.29 12.30 13.1 13.2 13.3 13.4
13.5 13.6
13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23
13.24
13.25 13.26 13.27 13.28 13.29 13.30
14.1 14.2
14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22
14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20
16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2
17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22
17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 18.1 18.2 18.3
18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24
19.25 19.26 19.27 19.28 19.29 19.30 19.31 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20
20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18
22.19 22.20 22.21 22.22 22.23 22.24 22.25
22.26 22.27 22.28 22.29 22.30
23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19
24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 25.1 25.2 25.3 25.4 25.5 25.6 25.7
25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15
25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28
26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13
26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 26.31 26.32 26.33 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 27.32 27.33 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 28.33 28.34 29.1 29.2
29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12
30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 31.1
31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11
31.12 31.13 31.14 31.15 31.16
31.17 31.18 31.19
31.20 31.21
31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14
32.15
32.16 32.17 32.18 32.19
32.20
32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33
33.1
33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 35.1 35.2 35.3 35.4
35.5
35.6 35.7 35.8 35.9 35.10 35.11 35.12
35.13
35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28
35.29
36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19
36.20
36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19
37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30
38.31
39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31
39.32
40.1 40.2 40.3 40.4 40.5 40.6 40.7
40.8
40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31
41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23
41.24
41.25 41.26 41.27 41.28 41.29 41.30 41.31 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15
42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29
43.30 43.31
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14
44.15
44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27
44.28
45.1 45.2
45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17
46.18 46.19 46.20 46.21
46.22 46.23 46.24
46.25 46.26 46.27 46.28 46.29 47.1 47.2
47.3 47.4 47.5 47.6
47.7 47.8 47.9 47.10 47.11 47.12 47.13
47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11
50.12
50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20
50.21 50.22
50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30
50.31
51.1 51.2
51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 53.1 53.2 53.3 53.4 53.5 53.6
53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14
55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 56.1 56.2 56.3 56.4 56.5 56.6 56.7
56.8 56.9 56.10 56.11 56.12 56.13 56.14
A bill for an act
relating to labor and industry; modifying combative sports regulations; modifying
supplemental appropriations and other provisions related to the Bureau of Mediation
Services; making technical and policy changes to certain public employee labor
relations provisions; modifying earned sick and safe time; authorizing rulemaking;
providing compensation for minors appearing in Internet content creation;
modifying previous appropriations; appropriating money; amending Minnesota
Statutes 2022, sections 179A.041, subdivision 2; 179A.09, by adding subdivisions;
179A.11, subdivisions 1, 2, by adding a subdivision; 179A.12, subdivision 5;
179A.13, subdivisions 1, 2; 179A.40, subdivision 1; 179A.54, subdivision 5;
181.960, subdivision 3; 181A.03, subdivision 1, by adding subdivisions; 326B.89,
subdivision 5; 341.28, by adding a subdivision; 341.29; 626.892, subdivision 10;
Minnesota Statutes 2023 Supplement, sections 13.43, subdivision 6; 177.27,
subdivision 4; 177.50, by adding subdivisions; 179A.03, subdivisions 14, 18;
179A.041, subdivision 10; 179A.06, subdivision 6; 179A.07, subdivisions 8, 9;
179A.10, subdivision 2; 179A.12, subdivisions 2a, 6, 11; 181.032; 181.9445,
subdivisions 4, 5, by adding a subdivision; 181.9446; 181.9447, subdivisions 1,
3, 5, 10, 11, by adding a subdivision; 181.9448, subdivisions 1, 2, 3; 341.25;
341.28, subdivision 5; 341.30, subdivision 4; 341.321; 341.33, by adding a
subdivision; 341.355; Laws 2023, chapter 53, article 14, section 1; article 19,
sections 2, subdivisions 1, 3, 5; 4; proposing coding for new law in Minnesota
Statutes, chapters 181; 181A; repealing Minnesota Statutes 2022, sections 179.81;
179.82; 179.83, subdivision 1; 179.84, subdivision 1; 179.85; Minnesota Rules,
parts 5520.0100; 5520.0110; 5520.0120; 5520.0200; 5520.0250; 5520.0300;
5520.0500; 5520.0520; 5520.0540; 5520.0560; 5520.0600; 5520.0620; 5520.0700;
5520.0710; 5520.0800.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in sections 2 to 6. 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
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 HEALTH
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
174,000 new text end |
||
new text begin
$174,000 the second year is for technical
assistance for rulemaking for acceptable blood
lead levels for workers. This appropriation is
onetime and is available until June 30, 2026.
new text end
Sec. 3. new text begin ATTORNEY GENERAL'S OFFICE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
120,000 new text end |
||
new text begin
$120,000 the second year is for enforcement
of compensation for internet content creators
under Minnesota Statutes, section 181A.13.
This appropriation is available until June 30,
2026. The base for this appropriation is
$120,000 for fiscal year 2026 and $240,000
for fiscal year 2027 and each year thereafter.
new text end
Sec. 4. new text begin BOARD OF REGENTS OF THE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
....... new text end |
||
new text begin
$....... the second year is for labor relations
staffing costs. The base for this appropriation
is $....... for fiscal year 2026 and $....... for
fiscal year 2027 and each year thereafter.
new text end
Sec. 5. new text begin BOARD OF TRUSTEES OF THE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
....... new text end |
||
new text begin
$....... the second year is for labor relations
staffing costs.
new text end
Sec. 6. new text begin DEPARTMENT OF LABOR AND
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
....... new text end |
||
new text begin
(a) $....... the second year is for a grant to
Tending the Soil, a 501(c)(3) nonprofit
organization, to redevelop a building located
at 2808 Hennepin Avenue South in
Minneapolis, for use as the Rise Up Center to
house a workforce development and job
training center, office spaces for the
administration of workforce development
programs, and a public gathering space. The
center, when complete, shall be capable of
training up to 3,000 low-income workers
annually from diverse backgrounds in the
fields of green energy, construction, food
processing, and other stable careers through
preapprenticeships and job readiness training,
in partnership with labor and grassroots
organizations. This is a onetime appropriation
and is available until the project is completed
or abandoned, subject to Minnesota Statutes,
section 16A.642.
new text end
new text begin
(b) Beginning January 15, 2025, the
commissioner of labor and industry must
annually report to the legislative committees
with jurisdiction over economic development,
workforce development, jobs, and labor
regarding the uses of funds in this grant. The
report must include how much of the grant
funds remain unspent. The report must also
detail the number of workers served by the
grant. A final report is due the January 15
immediately following the cancellation or
exhaustion of this grant. As a condition of
receiving the grant, Tending the Soil must
agree to provide the commissioner any
information needed to complete this report.
new text end
Sec. 7.
Laws 2023, chapter 53, article 14, section 1, is amended to read:
Section 1. EARNED SICK AND SAFE TIME APPROPRIATIONS.
(a) $1,445,000 in fiscal year 2024 and deleted text begin $2,209,000deleted text end new text begin $1,899,000new text end in fiscal year 2025 are
appropriated from the general fund to the commissioner of labor and industry for enforcement
and other duties regarding earned sick and safe time under Minnesota Statutes, sections
181.9445 to 181.9448, and chapter 177. deleted text begin The base for this appropriation is $1,899,000 for
fiscal year 2026 and each year thereafter.
deleted text end
(b) $300,000 in fiscal year 2024 and $300,000 in fiscal year 2025 are appropriated from
the general fund to the commissioner of labor and industry for grants to community
organizations under Minnesota Statutes, section 177.50, subdivision 4. This is a onetime
appropriation.
new text begin
(c) $310,000 in fiscal year 2025 is appropriated from the general fund to the commissioner
of labor and industry for rulemaking related to earned sick and safe time under Minnesota
Statutes, sections 181.9445 to 181.9448, and chapter 177. This is a onetime appropriation
and is available until June 30, 2027.
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. 8.
Laws 2023, chapter 53, article 19, section 2, subdivision 1, is amended to read:
Subdivision 1.Total Appropriation
|
$ |
47,710,000 |
$ |
deleted text begin
44,044,000
deleted text end
new text begin
44,464,000 new text end |
||
| Appropriations by Fund |
||
| 2024 |
2025 |
|
| General |
7,200,000 |
deleted text begin
4,889,000
deleted text end
new text begin
5,030,000 new text end |
| Workers' Compensation |
30,599,000 |
deleted text begin
32,390,000
deleted text end
new text begin
32,669,000 new text end |
| Workforce Development |
9,911,000 |
6,765,000 |
The amounts that may be spent for each
purpose are specified in the following
subdivisions. The general fund base for this
appropriation is deleted text begin $4,936,000deleted text end new text begin $5,077,000new text end in
fiscal year 2026 and deleted text begin $4,958,000deleted text end new text begin $5,030,000new text end
in fiscal year 2027 and each year thereafter.
The workers compensation fund base is
deleted text begin $32,749,000deleted text end new text begin $32,892,000new text end in fiscal year 2026
and $32,458,000 in fiscal year 2027 and each
year thereafter. The workforce development
fund base is $6,765,000 in fiscal year 2026
and each year thereafter.
Sec. 9.
Laws 2023, chapter 53, article 19, section 2, subdivision 3, is amended to read:
Subd. 3.Labor Standards
|
6,520,000 |
deleted text begin
6,270,000
deleted text end
new text begin
6,411,000 new text end |
||||
| Appropriations by Fund |
||
| General |
4,957,000 |
deleted text begin
4,635,000
deleted text end
new text begin
4,776,000 new text end |
| Workforce Development |
1,563,000 |
1,635,000 |
The general fund base for this appropriation
is deleted text begin $4,682,000deleted text end new text begin $4,823,000new text end in fiscal year 2026
and deleted text begin $4,704,000deleted text end new text begin $4,776,000new text end in fiscal year 2027
and each year thereafter.
(a) $2,046,000 each year is for wage theft
prevention.
(b) $1,563,000 the first year and $1,635,000
the second year are from the workforce
development fund for prevailing wage
enforcement.
(c) $134,000 the first year and $134,000 the
second year are for outreach and enforcement
efforts related to changes to the nursing
mothers, lactating employees, and pregnancy
accommodations law.
(d) $661,000 the first year and $357,000 the
second year are to perform work for the
Nursing Home Workforce Standards Board.
The base for this appropriation is $404,000 in
fiscal year 2026 and $357,000 in fiscal year
2027.
(e) $225,000 the first year and $169,000 the
second year are for the purposes of the Safe
Workplaces for Meat and Poultry Processing
Workers Act.
(f) $27,000 the first year is for the creation
and distribution of a veterans' benefits and
services poster under Minnesota Statutes,
section 181.536.
new text begin
(g) $141,000 the second year is to inform and
educate employers relating to Minnesota
Statutes, section 181.960.
new text end
Sec. 10.
Laws 2023, chapter 53, article 19, section 2, subdivision 5, is amended to read:
Subd. 5.Workplace Safety
|
8,644,000 |
deleted text begin
7,559,000
deleted text end
new text begin
7,838,000 new text end |
||||
| Appropriations by Fund |
||
| General |
2,000,000 |
-0- |
| Workers' Compensation |
6,644,000 |
deleted text begin
7,559,000
deleted text end
new text begin
7,838,000 new text end |
The workers compensation fund base for this
appropriation is deleted text begin $7,918,000deleted text end new text begin $8,061,000new text end in
fiscal year 2026 and $7,627,000 in fiscal year
2027 and each year thereafter.
$2,000,000 the first year is for the ergonomics
safety grant program. This appropriation is
available until June 30, 2026. This is a onetime
appropriation.
Sec. 11.
Laws 2023, chapter 53, article 19, section 4, is amended to read:
Sec. 4. BUREAU OF MEDIATION SERVICES
|
$ |
3,707,000 |
$ |
3,789,000 |
||
deleted text begin (a)deleted text end $750,000 each year is for purposes of the
Public Employment Relations Board under
Minnesota Statutes, section 179A.041.
deleted text begin
(b) $68,000 each year is for grants to area
labor management committees. Grants may
be awarded for a 12-month period beginning
July 1 each year. Any unencumbered balance
remaining at the end of the first year does not
cancel but is available for the second year.
deleted text end
deleted text begin
(c) $47,000 each year is for rulemaking,
staffing, and other costs associated with peace
officer grievance procedures.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective retroactively from July 1, 2023.
new text end
ARTICLE 2
COMBATIVE SPORTS - DEPARTMENT OF LABOR AND INDUSTRY
Section 1.
Minnesota Statutes 2023 Supplement, section 341.25, is amended to read:
341.25 RULES.
(a) The commissioner may adopt rules that include standards for the physical examination
and condition of combatants and referees.
(b) The commissioner may adopt other rules necessary to carry out the purposes of this
chapter, including, but not limited to, the conduct of all combative sport contests and their
manner, supervision, time, and place.
(c) The most recent version of the Unified Rules of Mixed Martial Arts, 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 2202. In
the event of a conflict between this chapter and the Unified Rules, this chapter must govern.
(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.
(e) The most recent version of the Unified Rules of Kickboxingnew text begin and Unified Rules of
Muay Thainew text end , as promulgated by the Association of Boxing Commissions, deleted text begin isdeleted text end new text begin arenew text end 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 deleted text begin the Unified
Rulesdeleted text end new text begin those rulesnew text end , this chapter must govern.new text begin If a promoter seeks to hold a kickboxing event
governed by a different set of kickboxing rules, the promoter must send the commissioner
a copy of the rules under which the proposed bouts will be conducted at least 45 days before
the event. The commissioner may approve or deny the use of the alternative rules at the
commissioner's discretion. If the alternative rules are approved for an event, this chapter
and any applicable Minnesota Rules, except of those incorporating the Unified Rules of
Kickboxing and Unified Rules of Muay Thai, must govern if there is a conflict between the
rules and Minnesota law.
new text end
Sec. 2.
Minnesota Statutes 2023 Supplement, section 341.28, subdivision 5, is amended
to read:
Subd. 5.
Regulatory authority; martial arts and amateur boxing.
(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.
(b) Martial arts and amateur boxing contests, unless subject to the exceptions set forth
in subdivision 6new text begin or 7new text end , 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.
(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 6new text begin or 7new text end are not subject
to this paragraph.
Sec. 3.
Minnesota Statutes 2022, section 341.28, is amended by adding a subdivision to
read:
new text begin Subd. 7. new text end
new text begin Regulatory authority; youth competition. new text end
new text begin
Combative sports or martial arts
contests between individuals under the age of 18 years are exempt from the requirements
of this chapter and officials at these events are not required to be licensed under this chapter.
A contest under this subdivision must be regulated by (1) a widely recognized organization
that regularly oversees youth competition, or (2) a local government.
new text end
Sec. 4.
Minnesota Statutes 2022, section 341.29, is amended to read:
341.29 JURISDICTION OF COMMISSIONER.
The commissioner shall:
(1) have sole direction, supervision, regulation, control, and jurisdiction over all
combative sport contests that are held within this state unless a contest is exempt from the
application of this chapter under federal law;
(2) have sole control, authority, and jurisdiction over all licenses required by this chapter;
(3) grant a license to an applicant if, in the judgment of the commissioner, the financial
responsibility, experience, character, and general fitness of the applicant are consistent with
the public interestdeleted text begin , convenience, or necessitydeleted text end andnew text begin innew text end the best interests of combative sports
and conforms with this chapter and the commissioner's rules;
(4) deny, suspend, or revoke a license using the enforcement provisions of section
326B.082, except that the licensing reapplication time frames remain within the sole
discretion of the commissioner; and
(5) serve final nonlicensing orders in performing the duties of this chapter which are
subject to the contested case procedures provided in sections 14.57 to 14.69.
Sec. 5.
Minnesota Statutes 2023 Supplement, 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 complete
a licensing application on the Office of Combative Sports website or on forms prescribed
by the commissioner and shall:
(1) 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;
(2) provide the commissioner with a copy of the latest financial statement of the applicant;
(3) provide proof, where applicable, of authorization to do business in the state of
Minnesota; and
(4) deposit with the commissioner a 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 current medical examinations on forms
prescribed by the commissioner that state that the combatant is cleared to participate in a
combative sport contest. The applicant must undergo and submit the results of the following
medical examinations, which do not exempt a combatant from the requirements in section
341.33:
(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;
(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;
(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
(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;
(2) complete a licensing application on the Office of Combative Sports website or on
forms prescribed 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 an amateur combatant license to an individual, the
applicant must submit proof of qualifications that includes at a minimum: (1) an applicant's
prior bout history and evidence showing that the applicant has completed at least six months
of training in a combative sport; or (2) a letter of recommendation from a coach or trainer.
new text end
new text begin
(d) Before the commissioner issues a professional combatant license to an individual,
the applicant must submit proof of qualifications that includes an applicant's prior bout
history showing the applicant has competed in at least four sanctioned combative sports
contests. If the applicant has not competed in at least four sanctioned combative sports
contests, the commissioner may still grant the applicant a license if the applicant provides
evidence demonstrating that the applicant has sufficient skills and experience in combative
sports or martial arts to compete as a professional combatant.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end 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.
deleted text begin (d)deleted text end new text begin (f)new text end 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.
Sec. 6.
Minnesota Statutes 2023 Supplement, 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, $40;
(5) timekeepers, $25;
(6) professional combatants, $70;
(7) amateur combatants, $35; and
(8) ringside physicians, $25.
All license fees shall be paid no later than the weigh-in prior to the contest. No license may
be issued until all prelicensure requirements in section 341.30 are satisfied and fees are
paid.
(b) A promoter or event organizer of an event regulated by the Department of Labor and
Industry must pay, per event, a combative sport contest fee deleted text begin ofdeleted text end new text begin .
new text end
new text begin (c) If the promoter sells tickets for the event, the event fee isnew text end $1,500 deleted text begin per eventdeleted text end or four
percent of the gross ticket sales, whichever is greater. The fee must be paid as follows:
(1) $500 at the time the combative sport contest is schedulednew text begin , which is nonrefundablenew text end ;
(2) $1,000 at the weigh-in prior to the contest;
(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
(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 begin
(d) If the promoter does not sell tickets and receives only a flat payment from a venue
to administer the event, the event fee is $1,500 per event or four percent of the flat payment,
whichever is greater. The fee must be paid as follows:
new text end
new text begin
(1) $500 at the time the combative sport contest is scheduled, which is nonrefundable;
new text end
new text begin
(2) $1,000 at the weigh-in prior to the contest; and
new text end
new text begin
(3) if four percent of the flat payment is greater than $1,500, the balance is due to the
commissioner within 14 days of the completed contest.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end All fees and penalties collected by the commissioner must be deposited in the
commissioner account in the special revenue fund.
Sec. 7.
Minnesota Statutes 2023 Supplement, section 341.33, is amended by adding a
subdivision to read:
new text begin Subd. 3. new text end
new text begin Medical records. new text end
new text begin
The commissioner may, if the commissioner determines that
doing so would be desirable to protect the health of a combatant, provide the combatant's
medical information collected under this chapter to the physician conducting a prebout exam
under this section or to the ringside physician or physicians assigned to the combatant's
combative sports contest.
new text end
Sec. 8.
Minnesota Statutes 2023 Supplement, 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. The commissioner may also impose these penalties against a person
who has violated section 341.28, subdivision 5, paragraph (b) or (c)new text begin , or subdivision 7new text end .
ARTICLE 3
BUREAU OF MEDIATION SERVICES
Section 1.
Minnesota Statutes 2022, section 626.892, subdivision 10, is amended to read:
Subd. 10.
Training.
(a) A person appointed to the arbitrator roster under this section
must complete training as required by the commissioner during the person's appointment.
At a minimum, an initial training must include:
(1) at least six hours on the topics of cultural competency, racism, implicit bias, and
recognizing and valuing community diversity and cultural differences; and
(2) at least six hours on topics related to the daily experience of peace officers, which
may include ride-alongs with on-duty officers or other activities that provide exposure to
the environments, choices, and judgments required of officers in the field.
new text begin (b) new text end The commissioner may adopt rules establishing training requirements consistent
with this subdivision.
deleted text begin (b) An arbitrator appointed to the roster of arbitrators in 2020 must complete the required
initial training by July 1, 2021.deleted text end new text begin (c)new text end An arbitrator appointed to the roster of arbitrators after
2020 must complete the required initial training within six months of the arbitrator's
appointment.
deleted text begin (c)deleted text end new text begin (d) The Bureau of Mediation Services must pay fornew text end all costs associated with the
required training deleted text begin must be borne by the arbitratordeleted 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. 2. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 179.81; 179.82; 179.83, subdivision 1; 179.84,
subdivision 1; and 179.85,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, parts 5520.0100; 5520.0110; 5520.0120; 5520.0200; 5520.0250;
5520.0300; 5520.0500; 5520.0520; 5520.0540; 5520.0560; 5520.0600; 5520.0620;
5520.0700; 5520.0710; and 5520.0800,
new text end
new text begin
are repealed.
new text end
ARTICLE 4
PUBLIC EMPLOYEE LABOR RELATIONS (PELRA)
Section 1.
Minnesota Statutes 2023 Supplement, section 13.43, subdivision 6, is amended
to read:
Subd. 6.
Access by labor organizations, Bureau of Mediation Services, Public
Employment Relations Board.
(a) new text begin Notwithstanding classification by any other provision
of this chapter,new text end personnel data must be disseminated to labor organizations and the Public
Employment Relations Board to the extent necessary to conduct elections, investigate and
process grievances, and implement the provisions of chapters 179 and 179A. Personnel data
shall be disseminated to labor organizations, the Public Employment Relations Board, and
the Bureau of Mediation Services to the extent the dissemination is ordered or authorized
by the commissioner of the Bureau of Mediation Services or the Public Employment
Relations Board or its employees or agents. Employee Social Security numbers are not
necessary to implement the provisions of chapters 179 and 179A.
(b) Personnel data described under section 179A.07, subdivision 8, must be disseminated
to an exclusive representative under the terms of that subdivision.
(c) An employer who disseminates personnel data to a labor organization pursuant to
this subdivision shall not be subject to liability under section 13.08. Nothing in this paragraph
shall impair or limit any remedies available under section 325E.61.
(d) The home addresses, nonemployer issued phone numbers and email addresses, dates
of birth, and emails or other communications between exclusive representatives and their
members, prospective members, and nonmembers are private data on individuals.
Sec. 2.
Minnesota Statutes 2023 Supplement, section 179A.03, subdivision 14, is amended
to read:
Subd. 14.
Public employee or employee.
(a) "Public employee" or "employee" means
any person appointed or employed by a public employer except:
(1) elected public officials;
(2) election officers;
(3) commissioned or enlisted personnel of the Minnesota National Guard;
(4) emergency employees who are employed for emergency work caused by natural
disaster;
(5) part-time employees whose service does not exceed the lesser of 14 hours per week
or 35 percent of the normal work week in the employee's appropriate unit;
(6) employeesnew text begin , other than employees working for a Minnesota school district or charter
school in a position for which no license is required by the Professional Educator Licensing
Standards Board,new text end whose positions are basically temporary or seasonal in character and: (i)
are not for more than 67 working days in any calendar year;new text begin ornew text end (ii) deleted text begin are not working for a
Minnesota school district or charter school; or (iii)deleted text end are not for more than 100 working days
in any calendar year and the employees are under the age of 22, are full-time students
enrolled in a nonprofit or public educational institution prior to being hired by the employer,
and have indicated, either in an application for employment or by being enrolled at an
educational institution for the next academic year or term, an intention to continue as students
during or after their temporary employment;
(7) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;
(8) employees of charitable hospitals as defined by section 179.35, subdivision 3, except
that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public
employees for purposes of sections 179A.051, 179A.052, and 179A.13;
(9) full-time undergraduate students employed by the school which they attend under a
work-study program or in connection with the receipt of financial aid, irrespective of number
of hours of service per week;
(10) an individual who is employed for less than 300 hours in a fiscal year as an instructor
in an adult vocational education program;
(11) with respect to court employees:
(i) personal secretaries to judges;
(ii) law clerks;
(iii) managerial employees;
(iv) confidential employees; and
(v) supervisory employees; or
(12) with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.
(b) The following individuals are public employees regardless of the exclusions of
paragraph (a), clauses (5) to (7):
(1) an employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in the Twin Cities
metropolitan area under section 136F.10 or for community services or community education
instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member
who is a public employee, where the replacement employee is employed more than 30
working days as a replacement for that teacher or faculty member; or (ii) to take a teaching
position created due to increased enrollment, curriculum expansion, courses which are a
part of the curriculum whether offered annually or not, or other appropriate reasons;
(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that same
position has already been filled under paragraph (a), clause (6), item (i), in the same calendar
year and the cumulative number of days worked in that same position by all employees
exceeds 67 calendar days in that year. For the purpose of this paragraph, "same position"
includes a substantially equivalent position if it is not the same position solely due to a
change in the classification or title of the position;
(3) an early childhood family education teacher employed by a school district; and
(4) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universities as the instructor of record to teach (i) one class for more than three credits in
a fiscal year, or (ii) two or more credit-bearing classes in a fiscal year.
Sec. 3.
Minnesota Statutes 2023 Supplement, section 179A.03, subdivision 18, is amended
to read:
Subd. 18.
Teacher.
"Teacher" means any public employee other than a superintendent
or assistant superintendent, principal, assistant principal, or a supervisory or confidential
employee, employed by a school district:
(1) in a position for which the person must be licensed by the Professional Educator
Licensing and Standards Board or the commissioner of education;
(2) in a position as a physical therapist, occupational therapist, art therapist, music
therapist, or audiologist; or
(3) in a position creating and delivering instruction to children in a preschool, school
readiness, school readiness plus, or prekindergarten program or other school district or
charter school-based early education program, except that deleted text begin an employeedeleted text end new text begin employeesnew text end in a
bargaining unit certified before January 1, 2023, may remain in a bargaining unit that does
not include teachers unless an exclusive representative files a petition for a unit clarification
deleted text begin or to transfer exclusive representative statusdeleted text end .
Sec. 4.
Minnesota Statutes 2022, section 179A.041, subdivision 2, is amended to read:
Subd. 2.
Alternate members.
(a) The appointing authorities shall appoint alternate
members to serve deleted text begin onlydeleted text end in the deleted text begin casedeleted text end new text begin eventnew text end of a member having a conflict of interestnew text begin or being
unavailable for a meetingnew text end under subdivision 9, as follows:
(1) one alternate, appointed by the governor, who is an officer or employee of an exclusive
representative of public employees, to serve as an alternate to the member appointed by the
governor who is an officer or employee of an exclusive representative of public employees.
This alternate must not be an officer or employee of the same exclusive representative of
public employees as the member for whom the alternate serves;
(2) one alternate, appointed by the governor, who is a representative of public employers,
to serve as an alternate to the member appointed by the governor who is a representative of
public employers. This alternate must not represent the same public employer as the member
for whom the alternate serves; and
(3) one alternate, appointed by the member who is an officer or employee of an exclusive
representative of public employees and the member who is a representative of public
employers, who is not an officer or employee of an exclusive representative of public
employees, or a representative of a public employer, to serve as an alternate for the member
that represents the public at large.
(b) Each alternate member shall serve a term that is coterminous with the term of the
member for whom the alternate member serves as an alternate.
Sec. 5.
Minnesota Statutes 2023 Supplement, section 179A.041, subdivision 10, is amended
to read:
Subd. 10.
Open Meeting Law; exceptions.
Chapter 13D does not apply to deleted text begin meetings of
thedeleted text end new text begin anew text end board new text begin meeting new text end when deleted text begin itdeleted text end new text begin the board new text end isnew text begin :
new text end
new text begin (1)new text end deliberating on the merits of new text begin an new text end unfair labor practice deleted text begin chargesdeleted text end new text begin chargenew text end under sections
179.11, 179.12, and 179A.13;
new text begin (2)new text end reviewing a new text begin hearing officer's new text end recommended decision and order deleted text begin of a hearing officerdeleted text end
under section 179A.13; or
new text begin (3)new text end reviewing deleted text begin decisions of thedeleted text end new text begin anew text end commissioner deleted text begin of the Bureau of Mediation Services
relating todeleted text end new text begin decision on an new text end unfair labor deleted text begin practicesdeleted text end new text begin practicenew text end under section 179A.12, subdivision
11.
Sec. 6.
Minnesota Statutes 2023 Supplement, section 179A.06, subdivision 6, is amended
to read:
Subd. 6.
Payroll deduction, authorization, and remittance.
(a) deleted text begin Public employees have
the right todeleted text end new text begin A public employee maynew text end request deleted text begin and be alloweddeleted text end payroll deduction for the
exclusive representative new text begin that represents the employee's positionnew text end and deleted text begin thedeleted text end new text begin its associatednew text end political
fund deleted text begin associated with the exclusive representative and registered pursuant todeleted text end new text begin undernew text end section
10A.12. new text begin If no exclusive representative represents an employee's position, the public employee
may request payroll deduction for the organization of the employee's choice. A public
employer must provide payroll deduction according to any public employee's request under
this paragraph.
new text end
new text begin (b) new text end A public employer must rely on a certification from deleted text begin anydeleted text end new text begin annew text end exclusive representative
requesting remittance of a deduction that the organization has and will maintain an
authorizationdeleted text begin ,deleted text end signednew text begin , either by hand or electronically according to section 325L.02, paragraph
(h),new text end by the public employee from whose salary or wages the deduction is to be madedeleted text begin , which
may include an electronic signature by the public employee as defined in section 325L.02,
paragraph (h)deleted text end . An exclusive representative making deleted text begin suchdeleted text end new text begin anew text end certification deleted text begin must not bedeleted text end new text begin is notnew text end
required to provide the public employer a copy of the authorization unless a dispute arises
about the new text begin authorization's new text end existence or terms deleted text begin of the authorizationdeleted text end . deleted text begin The exclusive representative
must indemnify the public employer for any successful claims made by the employee for
unauthorized deductions in reliance on the certification.
deleted text end
deleted text begin (b)deleted text end new text begin (c)new text end A deleted text begin duesdeleted text end new text begin payroll new text end deduction authorization deleted text begin remains in effectdeleted text end new text begin is effectivenew text end until thenew text begin
exclusive representative notifies thenew text end employer deleted text begin receives notice from the exclusive
representativedeleted text end that a public employee has changed or canceled deleted text begin theirdeleted text end new text begin the employee'snew text end
authorization in writing in accordance with the terms of the original deleted text begin authorizing document,
anddeleted text end new text begin authorization. When determining whether deductions have been properly changed or
canceled,new text end a public employer must rely on information from the exclusive representative
receiving remittance of the deduction deleted text begin regarding whether the deductions have been properly
changed or canceled. The exclusive representative must indemnify the public employer,
including any reasonable attorney fees and litigation costs, for any successful claims made
by the employee for unauthorized deductions made in reliance on such informationdeleted text end .
deleted text begin (c)deleted text end new text begin (d)new text end Deduction authorization under this section isnew text begin :
new text end
new text begin (1)new text end independent from the public employee's membership status in the organization to
which payment is remittednew text begin ;new text end and deleted text begin is
deleted text end
new text begin (2)new text end effective regardless of whether a collective bargaining agreement authorizes the
deduction.
deleted text begin (d) Employersdeleted text end new text begin (e) An employernew text end must deleted text begin commencedeleted text end new text begin :
new text end
new text begin (1) beginnew text end deductions within 30 days deleted text begin of notice of authorization from thedeleted text end new text begin after annew text end exclusive
representative new text begin submits a certification under paragraph (b); new text end and deleted text begin must
deleted text end
new text begin (2)new text end remit the deductions to the exclusive representative within 30 days of the deduction.
deleted text begin The failure of an employer to comply with the provisions of this paragraph shall be an unfair
labor practice under section 179A.13, the relief for which shall be reimbursement by the
employer of deductions that should have been made or remitted based on a valid authorization
given by the employee or employees.
deleted text end
deleted text begin
(e) In the absence of an exclusive representative, public employees have the right to
request and be allowed payroll deduction for the organization of their choice.
deleted text end
new text begin
(f) An exclusive representative must indemnify a public employer:
new text end
new text begin
(1) for any successful employee claim for unauthorized employer deductions made by
relying on an exclusive representative's certification under paragraph (b); and
new text end
new text begin
(2) for any successful employee claim for unauthorized employer deductions made by
relying on information for changing or canceling deductions under paragraph (c), with
indemnification including any reasonable attorney fees and litigation costs.
new text end
deleted text begin (f)deleted text end new text begin (g)new text end Any dispute under this subdivision must be resolved through an unfair labor
practice proceeding under section 179A.13.new text begin It is an unfair labor practice if an employer fails
to comply with paragraph (e), and the employer must reimburse deductions that should have
been made or remitted based on a valid authorization given by the employee or employees.
new text end
Sec. 7.
Minnesota Statutes 2023 Supplement, section 179A.07, subdivision 8, is amended
to read:
Subd. 8.
Bargaining unit information.
(a) Within 20 calendar days deleted text begin from the date of
hire ofdeleted text end new text begin afternew text end a bargaining unit employeenew text begin is hirednew text end , a public employer must provide the
following deleted text begin contactdeleted text end information new text begin on the employee new text end to deleted text begin andeleted text end new text begin the unit'snew text end exclusive representative new text begin or
its affiliatenew text end in an Excel file format or other format agreed to by the exclusive representative:
new text begin (1)new text end name;
new text begin (2)new text end job title;
new text begin (3)new text end worksite location, including location deleted text begin withindeleted text end new text begin innew text end a facility when appropriate;
new text begin (4)new text end home address;
new text begin (5)new text end work telephone number;
new text begin (6)new text end home and personal cell phone numbers on file with the public employer;
new text begin (7)new text end date of hire; and
new text begin (8)new text end work email address and personal email address on file with the public employer.
(b) Every 120 calendar days deleted text begin beginning on January 1, 2024deleted text end , a public employer must
provide to deleted text begin andeleted text end new text begin a bargaining unit'snew text end exclusive representative in an Excel file or similar format
agreed to by the exclusive representative the deleted text begin followingdeleted text end informationnew text begin under paragraph (a)new text end for
all bargaining unit employeesdeleted text begin : name; job title; worksite location, including location within
a facility when appropriate; home address; work telephone number; home and personal cell
phone numbers on file with the public employer; date of hire; and work email address and
personal email address on file with the public employerdeleted text end .
(c) deleted text begin A public employer must notify an exclusive representative within 20 calendar days
of the separation ofdeleted text end new text begin If a bargaining unit employee separates fromnew text end employment or deleted text begin transferdeleted text end new text begin
transfersnew text end out of deleted text begin the bargaining unit ofdeleted text end a bargaining unit deleted text begin employeedeleted text end new text begin , the employee's public
employer must notify the employee's exclusive representative within 20 calendar days after
the separation or transfer, including whether the unit departure was due to a transfer,
promotion, demotion, discharge, resignation, or retirementnew text end .
Sec. 8.
Minnesota Statutes 2023 Supplement, section 179A.07, subdivision 9, is amended
to read:
Subd. 9.
Access.
(a) A public employer must allow an exclusive representativenew text begin or the
representative's agentnew text end to meet in person withnew text begin anew text end newly hired deleted text begin employees, without charge to
the pay or leave time of the employees, for 30 minutes,deleted text end new text begin employeenew text end within 30 calendar days
from the date of hiredeleted text begin ,deleted text end during new employee orientations or, if the employer does not conduct
new employee orientations, at individual or group meetingsnew text begin arranged by the employer in
coordination with the exclusive representative or the representative's agent during the newly
hired employees' regular working hours. For an orientation or meeting under this paragraph,
an employer must allow the employee and exclusive representative up to 30 minutes to meet
and must not charge the employee's pay or leave time during the orientation or meeting, or
the pay or leave time of an employee of the public employer acting as an agent of the
exclusive representative using time off under subdivision 6. An orientation or meeting may
be held virtually or for longer than 30 minutes only by mutual agreement of the employer
and exclusive representativenew text end .
new text begin (b)new text end An exclusive representative deleted text begin shalldeleted text end new text begin mustnew text end receive deleted text begin no less thandeleted text end new text begin at leastnew text end ten days' notice
deleted text begin in advancedeleted text end of an orientation, deleted text begin except thatdeleted text end new text begin butnew text end a shorter notice may be provided deleted text begin wheredeleted text end new text begin ifnew text end there
is an urgent need critical to thenew text begin employer'snew text end operations deleted text begin of the public employerdeleted text end that was not
reasonably foreseeable. Notice of and attendance at new employee orientations and other
meetings under this paragraph deleted text begin must bedeleted text end new text begin and paragraph (a) arenew text end limited to deleted text begin the public employer,deleted text end new text begin :
new text end
new text begin (1)new text end the employeesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the exclusive representativedeleted text begin , anddeleted text end new text begin ;
new text end
new text begin (3)new text end any vendor contracted to provide a service for deleted text begin purposes ofdeleted text end the meetingdeleted text begin . Meetings
may be held virtually or for longer than 30 minutesdeleted text end new text begin ; and
new text end
new text begin (4) the public employer or its designee, who may attendnew text end only by mutual agreement of
the public employer and exclusive representative.
deleted text begin (b)deleted text end new text begin (c)new text end A public employer must allow an exclusive representative to communicate with
bargaining unit members deleted text begin using their employer-issued email addresses regardingdeleted text end new text begin by email
on:
new text end
new text begin (1)new text end collective bargainingdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the administration of collective bargaining agreementsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end the investigation of grievancesdeleted text begin ,deleted text end new text begin andnew text end other workplace-related complaints and issuesdeleted text begin ,deleted text end new text begin ;new text end
and
new text begin (4)new text end internal matters involving the governance or business of the exclusive representativedeleted text begin ,
consistent with the employer's generally applicable technology use policiesdeleted text end .
new text begin
(d) An exclusive representative may communicate with bargaining unit members under
paragraph (c) via the members' employer-issued email addresses, but the communication
must be consistent with the employer's generally applicable technology use policies.
new text end
deleted text begin (c)deleted text end new text begin (e)new text end A public employer must allow an exclusive representative to meet with bargaining
unit members in facilities owned or leased by the public employer deleted text begin regardingdeleted text end new text begin to communicate
on:
new text end
new text begin (1)new text end collective bargainingdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end the administration of collective bargaining agreementsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3) the investigation ofnew text end grievances and other workplace-related complaints and issuesdeleted text begin ,deleted text end new text begin ;new text end
and
new text begin (4)new text end internal matters involving the governance or business of the exclusive representativedeleted text begin ,
provided the use does not interfere with governmental operations and the exclusive
representative complies with worksite security protocols established by the public employer.
Meetings conducteddeleted text end new text begin .
new text end
new text begin
(f) The following applies for a meeting under paragraph (e):
new text end
new text begin
(1) a meeting cannot interfere with government operations;
new text end
new text begin
(2) the exclusive representative must comply with employer-established worksite security
protocols;
new text end
new text begin (3) a meetingnew text end innew text begin anew text end government deleted text begin buildings pursuant to this paragraph must notdeleted text end new text begin building
cannotnew text end be for deleted text begin the purpose ofdeleted text end supporting or opposing any candidate for partisan political
office or for deleted text begin the purpose ofdeleted text end distributing literature or information deleted text begin regardingdeleted text end new text begin onnew text end partisan
electionsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin (4)new text end an exclusive representative conducting a meeting in a government building or other
government facility deleted text begin pursuant to this subdivisiondeleted text end may be charged for maintenance, security,
and other costs related to deleted text begin the use ofdeleted text end new text begin usingnew text end the government building or facility that would
not otherwise be incurred by the government entity.
Sec. 9.
Minnesota Statutes 2022, section 179A.09, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Unit mergers. new text end
new text begin
Upon the request of an exclusive representative for bargaining
units other than those defined in section 179A.10, subdivision 2, the commissioner must
designate as a single unit two bargaining units represented by the exclusive representative,
subject to subdivision 2 of this section as well as any other statutory bargaining unit
designation.
new text end
Sec. 10.
Minnesota Statutes 2022, section 179A.09, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Position classifications. new text end
new text begin
For the purpose of determining whether a new position
should be included in an existing bargaining unit, the position shall be analyzed with respect
to its assigned duties, without regard to title or telework status.
new text end
Sec. 11.
Minnesota Statutes 2023 Supplement, section 179A.10, subdivision 2, is amended
to read:
Subd. 2.
State employees.
(a) Unclassified employees, unless otherwise excluded, are
included within the units deleted text begin whichdeleted text end new text begin thatnew text end include the classifications to which they are assigned
for purposes of compensation. Supervisory employees deleted text begin shall onlydeleted text end new text begin cannew text end be assigned new text begin only new text end to
deleted text begin unitsdeleted text end new text begin unitnew text end 12 deleted text begin anddeleted text end new text begin ornew text end 16. The following new text begin units new text end are the appropriate units of executive branch
state employees:
(1) law enforcement unit;
(2) craft, maintenance, and labor unit;
(3) service unit;
(4) health care nonprofessional unit;
(5) health care professional unit;
(6) clerical and office unit;
(7) technical unit;
(8) correctional guards unit;
(9) state university instructional unit;
(10) state college instructional unit;
(11) state university administrative unit;
(12) professional engineering unit;
(13) health treatment unit;
(14) general professional unit;
(15) professional state residential instructional unit;
(16) supervisory employees unit;
(17) public safety radio communications operator unit;
(18) licensed peace officer special unit; and
(19) licensed peace officer leader unit.
deleted text begin
Each unit consists of the classifications or positions assigned to it in the schedule of
state employee job classification and positions maintained by the commissioner. The
commissioner may only make changes in the schedule in existence on the day prior to
August 1, 1984, as required by law or as provided in subdivision 4.
deleted text end
(b) The following positions are included in the licensed peace officer special unit:
(1) State Patrol lieutenant;
(2) NR district supervisor - enforcement;
(3) assistant special agent in charge;
(4) corrections investigation assistant director 2;
(5) corrections investigation supervisor; and
(6) commerce supervisor special agent.
(c) The following positions are included in the licensed peace officer leader unit:
(1) State Patrol captain;
(2) NR program manager 2 enforcement; and
(3) special agent in charge.
new text begin
(d) Each unit consists of the classifications or positions assigned to it in the schedule of
state employee job classification and positions maintained by the commissioner. The
commissioner may make changes in the schedule in existence on the day before August 1,
1984, only:
new text end
new text begin
(1) as required by law; or
new text end
new text begin
(2) as provided in subdivision 4.
new text end
Sec. 12.
Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 2a, is amended
to read:
Subd. 2a.
Majority verification procedure.
(a) deleted text begin Notwithstanding any other provision
of this section,deleted text end An employee organization may file a petition with the commissioner
requesting certification as the exclusive representative of deleted text begin andeleted text end new text begin a proposednew text end appropriate unit
deleted text begin based on a verification thatdeleted text end new text begin for which there is no currently certified exclusive representative.
The petition must verify thatnew text end over 50 percent of the employees in the proposed appropriate
unit wish to be represented by the deleted text begin petitionerdeleted text end new text begin organizationnew text end . deleted text begin The commissioner shall require
dated representation authorization signatures of affected employees as verification of the
employee organization's claim of majority status.
deleted text end
(b) deleted text begin Upon receipt of an employee organization's petition, accompanied by employee
authorization signatures under this subdivision, the commissioner shall investigate the
petition.deleted text end If the commissioner determines that over 50 percent of the employees in deleted text begin andeleted text end new text begin thenew text end
appropriate unit have provided authorization signatures designating the new text begin petitioning new text end employee
organization deleted text begin specified in the petitiondeleted text end as their exclusive representative, the commissioner
deleted text begin shall not order an election but shalldeleted text end new text begin mustnew text end certify the employee organizationnew text begin as the employees'
exclusive representative without ordering an election under this sectionnew text end .
Sec. 13.
Minnesota Statutes 2022, section 179A.12, subdivision 5, is amended to read:
Subd. 5.
Commissioner to investigate.
deleted text begin The commissioner shall,deleted text end Upon deleted text begin receipt of an
employee organization'sdeleted text end new text begin receiving anew text end petition deleted text begin to the commissionerdeleted text end under subdivision deleted text begin 3deleted text end new text begin 1a
or 2anew text end , new text begin the commissioner must:
new text end
new text begin (1) new text end investigate to determine if sufficient evidence of a question of representation existsnew text begin ;new text end
and
new text begin (2)new text end hold hearings necessary to determine the appropriate unit and other matters necessary
to determine the representation rights of the affected employees and employer.
Sec. 14.
Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 6, is amended
to read:
Subd. 6.
Authorization signatures.
deleted text begin Indeleted text end new text begin (a) Whennew text end determining the numerical status of
an employee organization for purposes of this section, the commissioner deleted text begin shalldeleted text end new text begin mustnew text end require
new text begin a new text end dated representation authorization deleted text begin signatures of affected employeesdeleted text end new text begin signature of each
affected employeenew text end as verification of the statements contained in the deleted text begin joint request or petitionsdeleted text end new text begin
petitionnew text end . deleted text begin These
deleted text end
new text begin (b) An new text end authorization deleted text begin signatures shall bedeleted text end new text begin signature isnew text end privileged and confidential
information available to the commissioner only. new text begin An new text end electronic deleted text begin signaturesdeleted text end new text begin signaturenew text end , as
defined in section 325L.02, paragraph (h), deleted text begin shall bedeleted text end new text begin isnew text end valid as new text begin an new text end authorization deleted text begin signaturesdeleted text end new text begin
signaturenew text end .
new text begin (c) Annew text end authorization deleted text begin signatures shall bedeleted text end new text begin signature isnew text end valid for deleted text begin a period ofdeleted text end one year
following the new text begin signature new text end date deleted text begin of signaturedeleted text end .
Sec. 15.
Minnesota Statutes 2023 Supplement, section 179A.12, subdivision 11, is amended
to read:
Subd. 11.
Unfair labor practices.
new text begin The commissioner may void the result of an election
or majority verification procedure and order a new election or procedure new text end if the commissioner
finds deleted text begin thatdeleted text end new text begin one of the following:
new text end
new text begin (1) there wasnew text end an unfair labor practice new text begin that:
new text end
new text begin (i) new text end was committed by an employer deleted text begin ordeleted text end new text begin , anew text end representative candidate deleted text begin ordeleted text end new text begin ,new text end an employeenew text begin ,new text end or new text begin a
new text end group of employeesdeleted text begin ,deleted text end new text begin ;new text end and deleted text begin that the unfair labor practice
deleted text end
new text begin (ii)new text end affected the result of deleted text begin andeleted text end new text begin thenew text end election or new text begin the new text end majority verification procedure deleted text begin pursuant
to subdivision 2a,deleted text end new text begin ;new text end or deleted text begin that
deleted text end
new text begin (2)new text end procedural or other irregularities in the conduct of the election or majority verification
procedure may have substantially affected deleted text begin itsdeleted text end new text begin thenew text end resultsdeleted text begin , the commissioner may void the
result and order a new election or majority verification proceduredeleted text end .
Sec. 16.
Minnesota Statutes 2022, section 179A.13, subdivision 1, is amended to read:
Subdivision 1.
Actions.
(a) The practices specified in this section are unfair labor
practices. Any employee, employer, employee or employer organization, exclusive
representative, or any other person or organization aggrieved by an unfair labor practice as
defined in this section may file an unfair labor practice charge with the board.
(b) Whenever it is charged that any party has engaged in or is engaging in any unfair
labor practice, an investigator designated by the board shall promptly conduct an investigation
of the charge. Unless after the investigation the board finds that the charge has no reasonable
basis in law or fact, the board shall promptly issue a complaint and cause to be served upon
the party a complaint stating the charges, accompanied by a notice of hearing before a
qualified hearing officer designated by the board at the offices of the bureau or other location
as the board deems appropriate, not deleted text begin less than five days nor more than 20 daysdeleted text end new text begin more than
30 daysnew text end after serving the complaintnew text begin absent mutual agreement of the partiesnew text end , provided that
no complaint shall be issued based upon any unfair labor practice occurring more than six
months prior to the filing of a charge. A complaint issued under this subdivision may be
amended by the board at any time prior to the issuance of an order based thereon. The party
who is the subject of the complaint has the right to file an answer to the original or amended
complaint prior to hearing and to appear in person or by a representative and give testimony
at the place and time fixed in the complaint. In the discretion of the hearing officer conducting
the hearing or the board, any other party may be allowed to intervene in the proceeding and
to present testimony. The board or designated hearing officers shall not be bound by the
rules of evidence applicable to courts, except as to the rules of privilege recognized by law.
(c) Designated investigators must conduct the investigation of charges.
(d) Hearing officers must deleted text begin be licensed to practice law in the state of Minnesotadeleted text end new text begin have a
juris doctornew text end and must conduct the hearings and issue recommended decisions and orders.
(e) The board or its designees shall have the power to issue subpoenas and administer
oaths. If any party willfully fails or neglects to appear or testify or to produce books, papers,
and records pursuant to the issuance of a subpoena, the board may apply to a court of
competent jurisdiction to request that the party be ordered to appear to testify or produce
the requested evidence.
(f) A full and complete record shall be kept of all proceedings before the board or
designated hearing officer and shall be transcribed by a reporter appointed by the board.
(g) The party on whom the burden of proof rests shall be required to sustain the burden
by a preponderance of the evidence.
(h) At any time prior to the close of a hearing, the parties may by mutual agreement
request referral to mediation, at which time the commissioner shall appoint a mediator, and
the hearing shall be suspended pending the results of the mediation.
(i) If, upon a preponderance of the evidence taken, the hearing officer determines that
any party named in the charge has engaged in or is engaging in an unfair labor practice,
then a recommended decision and order shall be issued stating findings of fact and
conclusions, and requiring the party to cease and desist from the unfair labor practice, to
post a cease-and-desist notice in the workplace, and ordering any appropriate relief to
effectuate the policies of this section, including but not limited to reinstatement, back pay,
and any other remedies that make a charging party whole. If back pay is awarded, the award
must include interest at the rate of seven percent per annum. The order further may require
the party to make reports from time to time, and demonstrate the extent to which the party
has complied with the order.
(j) If there is no preponderance of evidence that the party named in the charge has
engaged in or is engaging in the unfair labor practice, then the hearing officer shall issue a
recommended decision and order stating findings of fact and dismissing the complaint.
(k) Parties may file exceptions to the hearing officer's recommended decision and order
with the board no later than 30 days after service of the recommended decision and order.
The board shall review the recommended decision and order upon timely filing of exceptions
or upon its own motion. If no timely exceptions have been filed, the parties must be deemed
to have waived their exceptions. Unless the board reviews the recommended decision and
order upon its own motion, it must not be legal precedent and must be final and binding
only on the parties to the proceeding as issued in an order issued by the board. If the board
does review the recommended decision and order, the board may adopt all, part, or none of
the recommended decision and order, depending on the extent to which it is consistent with
the record and applicable laws. The board shall issue and serve on all parties its decision
and order. The board shall retain jurisdiction over the case to ensure the parties' compliance
with the board's order. Unless overturned by the board, the parties must comply with the
recommended decision and order.
(l) Until the record has been filed in the court of appeals or district court, the board at
any time, upon reasonable notice and in a manner it deems appropriate, may modify or set
aside, in whole or in part, any finding or order made or issued by it.
(m) Upon a final order that an unfair labor practice has been committed, the board or
the charging party may petition the district court for the enforcement of the order and for
appropriate temporary relief or a restraining order. When the board petitions the court, the
charging party may intervene as a matter of right.
(n) Whenever it appears that any party has violated a final order of the board issued
pursuant to this section, the board must petition the district court for an order directing the
party and its officers, agents, servants, successors, and assigns to comply with the order of
the board. The board shall be represented in this action by its general counsel, who has been
appointed by the board. The court may grant or refuse, in whole or in part, the relief sought,
provided that the court also may stay an order of the board pending disposition of the
proceedings. The court may punish a violation of its order as in civil contempt.
(o) The board shall have power, upon issuance of an unfair labor practice complaint
alleging that a party has engaged in or is engaging in an unfair labor practice, to petition
the district court for appropriate temporary relief or a restraining order. Upon the filing of
any such petition, the court shall cause notice thereof to be served upon such parties, and
thereupon shall have jurisdiction to grant to the board or commissioner temporary relief or
a restraining order as it deems appropriate. Nothing in this paragraph precludes a charging
party from seeking injunctive relief in district court after filing the unfair labor practice
charge.
(p) The proceedings in paragraphs (m), (n), and (o) shall be commenced in the district
court for the county in which the unfair labor practice which is the subject of the order or
administrative complaint was committed, or where a party alleged to have committed the
unfair labor practice resides or transacts business.
Sec. 17.
Minnesota Statutes 2022, section 179A.13, subdivision 2, is amended to read:
Subd. 2.
Employers.
Public employers, their agents and representatives are prohibited
from:
(1) interfering, restraining, or coercing employees in the exercise of the rights guaranteed
in sections 179A.01 to 179A.25;
(2) dominating or interfering with the formation, existence, or administration of any
employee organization or contributing other support to it;
(3) discriminating in regard to hire or tenure to encourage or discourage membership in
an employee organization;
(4) discharging or otherwise discriminating against an employee because the employee
has signed or filed an affidavit, petition, or complaint or given information or testimony
under sections 179A.01 to 179A.25;
(5) refusing to meet and negotiate in good faith with the exclusive representative of its
employees in an appropriate unit;
(6) refusing to comply with grievance procedures contained in an agreement;
(7) distributing or circulating a blacklist of individuals exercising a legal right or of
members of a labor organization for the purpose of preventing blacklisted individuals from
obtaining or retaining employment;
(8) violating rules established by the commissioner regulating the conduct of
representation elections;
(9) refusing to comply with a valid decision of a binding arbitration panel or arbitrator;
(10) violating or refusing to comply with any lawful order or decision issued by the
commissioner or the board;
(11) refusing to provide, upon the request of the exclusive representative, all information
pertaining to the public employer's budget both present and proposed, revenues, and other
financing information provided that in the executive branch of state government this clause
may not be considered contrary to the budgetary requirements of sections 16A.10 and
16A.11; deleted text begin or
deleted text end
(12) granting or offering to grant the status of permanent replacement employee to a
person for performing bargaining unit work for the employer during a lockout of employees
in an employee organization or during a strike authorized by an employee organization that
is an exclusive representativedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(13) failing or refusing to provide information that is relevant to enforcement or
negotiation of a contract within a reasonable time from receiving a request by an exclusive
representative, not to exceed ten days for information relevant to contract enforcement or
30 days for information relevant to contract negotiation;
new text end
new text begin
(14) refusing to reassign a position after the commissioner has determined the position
was not placed into the correct bargaining unit; or
new text end
new text begin
(15) refusing to restore a position to classified service after determination that the position
was incorrectly placed into unclassified service under section 43A.08.
new text end
Sec. 18.
Minnesota Statutes 2022, section 179A.40, subdivision 1, is amended to read:
Subdivision 1.
Units.
The following are the appropriate employee units of the Hennepin
Healthcare System, Inc. All units shall exclude supervisors, managerial employees, and
confidential employees. No additional units of Hennepin Healthcare System, Inc., shall be
eligible to be certified for the purpose of meeting and negotiating with an exclusive
representative. The units include all:
(1) registered nurses;
(2) physiciansnew text begin except those employed as interns, residents, or fellowsnew text end ;
(3) professionals except for registered nurses and physicians;
(4) technical and paraprofessional employees;
(5) carpenters, electricians, painters, and plumbers;
(6) health general service employees;
(7) interpreters;
(8) emergency medical technicians/emergency medical dispatchers (EMT/EMD), and
paramedics;
(9) bioelectronics specialists, bioelectronics technicians, and electronics technicians;
(10) skilled maintenance employees; deleted text begin and
deleted text end
(11) clerical employeesdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(12) physicians employed as interns, residents, and fellows.
new text end
Sec. 19.
Minnesota Statutes 2022, section 179A.54, subdivision 5, is amended to read:
Subd. 5.
deleted text begin Legislative action ondeleted text end new text begin Collective bargainingnew text end agreements.
deleted text begin Any agreement
reached between the state and the exclusive representative of individual providers under
chapter 179A shall be submitted to the legislature to be accepted or rejected in accordance
with sections 3.855 and 179A.22deleted text end new text begin The commissioner of management and budget is authorized
to enter into and implement agreements, including interest arbitration decisions, with the
exclusive representative of individual providers as provided in section 179A.22, subdivision
4, except for terms and conditions requiring appropriations, changes to state law, or approval
from the federal government which shall be contingent upon and executed following receipt
of appropriations and state and federal approvalnew text end .
Sec. 20. new text begin RULEMAKING.
new text end
new text begin
The commissioner of the Bureau of Mediation Services must adopt rules on petitions
for majority verification, including technical changes needed for consistency with Minnesota
Statutes, section 179A.12, and the commissioner may use the expedited rulemaking process
under Minnesota Statutes, section 14.389.
new text end
Sec. 21. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes must renumber Minnesota Statutes, section 179A.12, subdivision
3, as Minnesota Statutes, section 179A.12, subdivision 1a.
new text end
ARTICLE 5
EARNED SICK AND SAFE TIME MODIFICATIONS
Section 1.
Minnesota Statutes 2023 Supplement, 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 177.50, new text end 179.86, 181.02, 181.03,
181.031, 181.032, 181.101, 181.11, 181.13, 181.14, 181.145, 181.15, 181.165, 181.172,
paragraph (a) or (d), 181.214 to 181.217, 181.275, subdivision 2a, 181.635, 181.722, 181.79,
181.85 to 181.89, 181.939 to 181.943, 181.9445 to 181.9448, 181.987, 181.991, 268B.09,
subdivisions 1 to 6, and 268B.14, subdivision 3, with any rule promulgated under section
177.28, 181.213, or 181.215. The commissioner shall issue an order requiring an employer
to comply with sections 177.41 to 177.435, 181.165, or 181.987 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, 181.165, or 181.987 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 or 181.165. 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. For the purposes of this subdivision, an employer includes a contractor that
has assumed a subcontractor's liability within the meaning of section 181.165.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2023 Supplement, section 177.50, is amended by adding a
subdivision to read:
new text begin Subd. 6. new text end
new text begin Rulemaking authority. new text end
new text begin
The commissioner may adopt rules to carry out the
purposes of this section and sections 181.9445 to 181.9448.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2023 Supplement, section 177.50, is amended by adding a
subdivision to read:
new text begin Subd. 7. new text end
new text begin Remedies. new text end
new text begin
(a) If an employer does not provide earned sick and safe time
pursuant to section 181.9446, or does not allow the use of earned sick and safe time pursuant
to section 181.9447, the employer is liable to all employees who were not provided or not
allowed to use earned sick and safe time for an amount equal to all earned sick and safe
time that should have been provided or could have been used, plus an additional equal
amount as liquidated damages.
new text end
new text begin
(b) If the employer does not possess records sufficient to determine the earned sick and
safe time an employee should have been provided pursuant to paragraph (a), the employer
is liable to the employee for an amount equal to 48 hours of earned sick and safe time for
each year earned sick and safe time was not provided, plus an additional equal amount as
liquidated damages.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2023 Supplement, section 181.032, is amended to read:
181.032 REQUIRED STATEMENT OF EARNINGS BY EMPLOYER; NOTICE
TO EMPLOYEE.
(a) At the end of each pay period, the employer shall provide each employee an earnings
statement, either in writing or by electronic means, covering that pay period. An employer
who chooses to provide an earnings statement by electronic means must provide employee
access to an employer-owned computer during an employee's regular working hours to
review and print earnings statements, and must make statements available for review or
printing for a period of three years.
(b) The earnings statement may be in any form determined by the employer but must
include:
(1) the name of the employee;
(2) the rate or rates of pay and basis thereof, including whether the employee is paid by
hour, shift, day, week, salary, piece, commission, or other method;
(3) allowances, if any, claimed pursuant to permitted meals and lodging;
(4) the total number of hours worked by the employee unless exempt from chapter 177;
deleted text begin
(5) the total number of earned sick and safe time hours accrued and available for use
under section 181.9446;
deleted text end
deleted text begin
(6) the total number of earned sick and safe time hours used during the pay period under
section 181.9447;
deleted text end
deleted text begin (7)deleted text end new text begin (5)new text end the total amount of gross pay earned by the employee during that period;
deleted text begin (8)deleted text end new text begin (6)new text end a list of deductions made from the employee's pay;
deleted text begin (9)deleted text end new text begin (7)new text end any amount deducted by the employer under section 268B.14, subdivision 3, and
the amount paid by the employer based on the employee's wages under section 268B.14,
subdivision 1;
deleted text begin (10)deleted text end new text begin (8)new text end the net amount of pay after all deductions are made;
deleted text begin (11)deleted text end new text begin (9)new text end the date on which the pay period ends;
deleted text begin (12)deleted text end new text begin (10)new text end the legal name of the employer and the operating name of the employer if
different from the legal name;
deleted text begin (13)deleted text end new text begin (11)new text end the physical address of the employer's main office or principal place of business,
and a mailing address if different; and
deleted text begin (14)deleted text end new text begin (12)new text end the telephone number of the employer.
(c) An employer must provide earnings statements to an employee in writing, rather
than by electronic means, if the employer has received at least 24 hours notice from an
employee that the employee would like to receive earnings statements in written form. Once
an employer has received notice from an employee that the employee would like to receive
earnings statements in written form, the employer must comply with that request on an
ongoing basis.
(d) At the start of employment, an employer shall provide each employee a written notice
containing the following information:
(1) the rate or rates of pay and basis thereof, including whether the employee is paid by
the hour, shift, day, week, salary, piece, commission, or other method, and the specific
application of any additional rates;
(2) allowances, if any, claimed pursuant to permitted meals and lodging;
(3) paid vacation, sick time, or other paid time-off accruals and terms of use;
(4) the employee's employment status and whether the employee is exempt from minimum
wage, overtime, and other provisions of chapter 177, and on what basis;
(5) a list of deductions that may be made from the employee's pay;
(6) the number of days in the pay period, the regularly scheduled pay day, and the pay
day on which the employee will receive the first payment of wages earned;
(7) the legal name of the employer and the operating name of the employer if different
from the legal name;
(8) the physical address of the employer's main office or principal place of business, and
a mailing address if different; and
(9) the telephone number of the employer.
(e) The employer must keep a copy of the notice under paragraph (d) signed by each
employee acknowledging receipt of the notice. The notice must be provided to each employee
in English. The English version of the notice must include text provided by the commissioner
that informs employees that they may request, by indicating on the form, the notice be
provided in a particular language. If requested, the employer shall provide the notice in the
language requested by the employee. The commissioner shall make available to employers
the text to be included in the English version of the notice required by this section and assist
employers with translation of the notice in the languages requested by their employees.
(f) An employer must provide the employee any written changes to the information
contained in the notice under paragraph (d) prior to the date the changes take effect.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2023 Supplement, section 181.9445, subdivision 4, is amended
to read:
Subd. 4.
Earned sick and safe time.
"Earned sick and safe time" means leave, including
paid time off and other paid leave systems, that is paid at the same deleted text begin hourlydeleted text end new text begin basenew text end rate as an
employee earns from employment that may be used for the same purposes and under the
same conditions as provided under section 181.9447, but in no case shall this deleted text begin hourlydeleted text end new text begin basenew text end
rate be less than that provided under section 177.24 or an applicable local minimum wage.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2023 Supplement, section 181.9445, is amended by adding a
subdivision to read:
new text begin Subd. 4a. new text end
new text begin Base rate. new text end
new text begin
"Base rate" means:
new text end
new text begin
(1) for employees paid on an hourly basis, the same rate received per hour of work;
new text end
new text begin
(2) for employees paid on an hourly basis who receive multiple hourly rates, the rate
the employee would have been paid for the period of time in which leave was taken;
new text end
new text begin
(3) for employees paid on a salary basis, the same rate guaranteed to the employee as if
the employee had not taken the leave; and
new text end
new text begin
(4) for employees paid solely on a commission, piecework, or any basis other than hourly
or salary, a rate no less than the applicable local, state, or federal minimum wage, whichever
is greater.
new text end
new text begin
For purposes of this section and section 181.9446, base rate does not include commissions;
shift differentials that are in addition to an hourly rate; premium payments for overtime
work; premium payments for work on Saturdays, Sundays, holidays, or scheduled days off;
bonuses; or gratuities as defined by section 177.23.
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. 7.
Minnesota Statutes 2023 Supplement, section 181.9445, subdivision 5, is amended
to read:
Subd. 5.
Employee.
"Employee" means any person who is employed by an employer,
including temporary and part-time employees, who deleted text begin performsdeleted text end new text begin is anticipated by the employer
to performnew text end work for at least 80 hours in a year for that employer in Minnesota. Employee
does not include:
(1) an independent contractor; deleted text begin or
deleted text end
new text begin
(2) an individual who is a paid on-call member of a department charged with the
prevention or suppression of fires within the boundaries of the state; or
new text end
new text begin
(3) an individual employed by a farmer, family farm, or a family farm corporation to
provide physical labor on or management of a farm if:
new text end
new text begin
(i) the farmer, family farm, or family farm corporation employs five or fewer employees;
or
new text end
new text begin
(ii) the farmer, family farm, or family farm corporation employs the individual to perform
work for 28 days or less each year.
new text end
deleted text begin
(2) an individual employed by an air carrier as a flight deck or cabin crew member who:
deleted text end
deleted text begin
(i) is subject to United States Code, title 45, sections 181 to 188;
deleted text end
deleted text begin
(ii) works less than a majority of their hours in Minnesota in a calendar year; and
deleted text end
deleted text begin
(iii) is provided with paid leave equal to or exceeding the amounts in section
deleted text end
deleted text begin
.
deleted 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. 8.
Minnesota Statutes 2023 Supplement, section 181.9446, is amended to read:
181.9446 ACCRUAL OF EARNED SICK AND SAFE TIME.
(a) An employee accrues a minimum of one hour of earned sick and safe time for every
30 hours worked up to a maximum of 48 hours of earned sick and safe time in a year.
Employees may not accrue more than 48 hours of earned sick and safe time in a year unless
the employer agrees to a higher amount.
(b)(1) Except as provided in clause (2), employers must permit an employee to carry
over accrued but unused sick and safe time into the following year. The total amount of
accrued but unused earned sick and safe time for an employee must not exceed 80 hours at
any time, unless an employer agrees to a higher amount.
(2) In lieu of permitting the carryover of accrued but unused sick and safe time into the
following year as provided under clause (1), an employer may provide an employee with
earned sick and safe time for the year that meets or exceeds the requirements of this section
that is available for the employee's immediate use at the beginning of the subsequent year
as follows: (i) 48 hours, if an employer pays an employee for accrued but unused sick and
safe time at the end of a year at the same deleted text begin hourlydeleted text end new text begin basenew text end rate as an employee earns from
employmentnew text begin and in no case at a rate less than that provided under section 177.24 or an
applicable local minimum wagenew text end ; or (ii) 80 hours, if an employer does not pay an employee
for accrued but unused sick and safe time at the end of a year deleted text begin at the same or greater hourly
rate as an employee earns from employment. In no case shall this hourly rate be less than
that provided under section 177.24, or an applicable local minimum wagedeleted text end .
(c) Employees who are exempt from overtime requirements under United States Code,
title 29, section 213(a)(1), as amended through January 1, 2024, are deemed to work 40
hours in each workweek for purposes of accruing earned sick and safe time, except that an
employee whose normal workweek is less than 40 hours will accrue earned sick and safe
time based on the normal workweek.
(d) Earned sick and safe time under this section begins to accrue at the commencement
of employment of the employee.
(e) Employees may use earned sick and safe time as it is accrued.
Sec. 9.
Minnesota Statutes 2023 Supplement, section 181.9447, subdivision 1, is amended
to read:
Subdivision 1.
Eligible use.
An employee may use accrued earned sick and safe time
for:
(1) an employee's:
(i) mental or physical illness, injury, or other health condition;
(ii) need for medical diagnosis, care, or treatment of a mental or physical illness, injury,
or health condition; deleted text begin or
deleted text end
(iii) need for preventive medical or health care;new text begin or
new text end
new text begin
(iv) need to make arrangements for or attend funeral services or a memorial, or address
financial or legal matters that arise after the death of a family member;
new text end
(2) care of a family member:
(i) with a mental or physical illness, injury, or other health condition;
(ii) who needs medical diagnosis, care, or treatment of a mental or physical illness,
injury, or other health condition; or
(iii) who needs preventive medical or health care;
(3) absence due to domestic abuse, sexual assault, or stalking of the employee or
employee's family member, provided the absence is to:
(i) seek medical attention related to physical or psychological injury or disability caused
by domestic abuse, sexual assault, or stalking;
(ii) obtain services from a victim services organization;
(iii) obtain psychological or other counseling;
(iv) seek relocation or take steps to secure an existing home due to domestic abuse,
sexual assault, or stalking; or
(v) seek legal advice or take legal action, including preparing for or participating in any
civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault,
or stalking;
(4) closure of the employee's place of business due to weather or other public emergency
or an employee's need to care for a family member whose school or place of care has been
closed due to weather or other public emergency;
(5) the employee's inability to work or telework because the employee is: (i) prohibited
from working by the employer due to health concerns related to the potential transmission
of a communicable illness related to a public emergency; or (ii) seeking or awaiting the
results of a diagnostic test for, or a medical diagnosis of, a communicable disease related
to a public emergency and such employee has been exposed to a communicable disease or
the employee's employer has requested a test or diagnosis; and
(6) when it has been determined by the health authorities having jurisdiction or by a
health care professional that the presence of the employee or family member of the employee
in the community would jeopardize the health of others because of the exposure of the
employee or family member of the employee to a communicable disease, whether or not
the employee or family member has actually contracted the communicable disease.
For the purposes of this subdivision, a public emergency shall include a declared
emergency as defined in section 12.03 or a declared local emergency under section 12.29.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2023 Supplement, section 181.9447, subdivision 3, is amended
to read:
Subd. 3.
Documentation.
(a) When an employee uses earned sick and safe time for
more than three consecutive new text begin scheduled work new text end days, an employer may require reasonable
documentation that the earned sick and safe time is covered by subdivision 1.
(b) For earned sick and safe time under subdivision 1, clauses (1), (2), (5), and (6),
reasonable documentation may include a signed statement by a health care professional
indicating the need for use of earned sick and safe time. However, if the employee or
employee's family member did not receive services from a health care professional, or if
documentation cannot be obtained from a health care professional in a reasonable time or
without added expense, then reasonable documentation for the purposes of this paragraph
may include a written statement from the employee indicating that the employee is using
or used earned sick and safe time for a qualifying purpose covered by subdivision 1, clause
(1), (2), (5), or (6).
(c) For earned sick and safe time under subdivision 1, clause (3), an employer must
accept a court record or documentation signed by a volunteer or employee of a victims
services organization, an attorney, a police officer, or an antiviolence counselor as reasonable
documentation.new text begin If documentation cannot be obtained in a reasonable time or without added
expense, then reasonable documentation for the purposes of this paragraph may include a
written statement from the employee indicating that the employee is using or used earned
sick and safe time for a qualifying purpose covered under subdivision 1, clause (3).
new text end
(d) For earned sick and safe time to care for a family member under subdivision 1, clause
(4), an employer must accept as reasonable documentation a written statement from the
employee indicating that the employee is using or used earned sick and safe time for a
qualifying purpose as reasonable documentation.
(e) An employer must not require disclosure of details relating to domestic abuse, sexual
assault, or stalking or the details of an employee's or an employee's family member's medical
condition as related to an employee's request to use earned sick and safe time under this
section.
(f) Written statements by an employee may be written in the employee's first language
and need not be notarized or in any particular format.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2023 Supplement, section 181.9447, subdivision 5, is amended
to read:
Subd. 5.
Increment of time used.
Earned sick and safe time may be used in the deleted text begin smallest
increment of time tracked by the employer's payroll system, provided such increment is not
more than four hoursdeleted text end new text begin same increment of time for which employees are paid, provided an
employer is not required to provide leave in less than 15-minute increments nor can the
employer require use of earned sick and safe time in more than four-hour incrementsnew 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. 12.
Minnesota Statutes 2023 Supplement, section 181.9447, subdivision 10, is amended
to read:
Subd. 10.
Employer recordsnew text begin and required statement to employeesnew text end .
(a) Employers
shall retain accurate records documenting hours worked by employees and earned sick and
safe time taken and comply with all requirements under section 177.30.
new text begin
(b) At the end of each pay period, the employer shall provide, in writing or electronically,
information stating the employee's current amount of:
new text end
new text begin
(1) the total number of earned sick and safe time hours available to the employee for
use under section 181.9446; and
new text end
new text begin
(2) the total number of earned sick and safe time hours used during the pay period under
section 181.9447.
new text end
new text begin
Employers may choose a reasonable system for providing this information, including
but not limited to listing information on or attached to each earnings statement or an
electronic system where employees can access this information. An employer who chooses
to provide this information by electronic means must provide employee access to an
employer-owned computer during an employee's regular working hours to review and print.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end An employer must allow an employee to inspect records required by this section
and relating to that employee at a reasonable time and place.
new text begin
(d) The records required by this section must be kept for three years.
new text end
new text begin
(e) All records required to be kept under this section must be readily available for
inspection by the commissioner upon demand. The records must be either kept at the place
where employees are working or kept in a manner that allows the employer to comply with
this paragraph within 72 hours.
new text end
Sec. 13.
Minnesota Statutes 2023 Supplement, section 181.9447, subdivision 11, is amended
to read:
Subd. 11.
Confidentiality and nondisclosure.
(a) If, in conjunction with this section,
an employer possesses:
(1) health or medical information regarding an employee or an employee's family
member;
(2) information pertaining to domestic abuse, sexual assault, or stalking;
(3) information that the employee has requested or obtained leave under this section; or
(4) any written or oral statement, documentation, record, or corroborating evidence
provided by the employee or an employee's family member, the employer must treat such
information as confidential.
Information given by an employee may only be disclosed by an employer if the disclosure
is requested or consented to by the employee, when ordered by a court or administrative
agency, or when otherwise required by federal or state law.
(b) Records and documents relating to medical certifications, recertifications, or medical
histories of employees or family members of employees created for purposes of section
177.50 or sections 181.9445 to 181.9448 must be maintained as confidential medical records
separate from the usual personnel files. At the request of the employee, the employer must
destroy or return the records required by sections 181.9445 to 181.9448 that are older than
three years prior to the current calendar yearnew text begin , unless state or federal law, rule, or regulation
requires the employer to retain such recordsnew text end .
(c) Employers may not discriminate against any employee based on records created for
the purposes of section 177.50 or sections 181.9445 to 181.9448.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14.
Minnesota Statutes 2023 Supplement, section 181.9447, is amended by adding
a subdivision to read:
new text begin Subd. 12. new text end
new text begin Weather event exception. new text end
new text begin
Notwithstanding subdivision 1, an employee may
not use sick and safe time under the conditions in subdivision 1, clause (4), if:
new text end
new text begin
(1) the employee's preassigned or foreseeable work duties during a public emergency
or weather event would require the employee to respond to the public emergency or weather
event;
new text end
new text begin
(2) the employee is a firefighter; a peace officer subject to licensure under sections
626.84 to 626.863; a 911 telecommunicator as defined in section 403.02, subdivision 17c;
a guard at a correctional facility; or a public employee holding a commercial driver's license;
and
new text end
new text begin
(3) one of the following two conditions are met:
new text end
new text begin
(i) the employee is represented by an exclusive representative under section 179A.03,
subdivision 8, and the collective bargaining agreement or memorandum of understanding
governing the employee's position explicitly references section 181.9447, subdivision 1,
clause (4), and clearly and unambiguously waives application of that section for the
employee's position; or
new text end
new text begin
(ii) the employee is not represented by an exclusive representative, the employee is
needed for the employer to maintain minimum staffing requirements, and the employer has
a written policy explicitly referencing section 181.9447, subdivision 1, clause (4), that is
provided to such employees in a manner that meets the requirements of other earned sick
and safe time notices under section 181.9447, subdivision 9.
new text end
Sec. 15.
Minnesota Statutes 2023 Supplement, section 181.9448, subdivision 1, is amended
to read:
Subdivision 1.
No effect on more generous sick and safe time policies.
(a) Nothing
in sections 181.9445 to 181.9448 shall be construed to discourage employers from adopting
or retaining earned sick and safe time policies that meet or exceed, and do not otherwise
conflict with, the minimum standards and requirements provided in sections 181.9445 to
181.9448new text begin , provided that all time provided to an employee by an employer for absences from
work due to personal illness or injury, but not including short-term or long-term disability
or other salary continuation benefits, meet or exceed the minimum standards and requirements
provided in sections 181.9445 to 181.9448new text end .
(b) Nothing in sections 181.9445 to 181.9448 shall be construed to limit the right of
parties to a collective bargaining agreement to bargain and agree with respect to earned sick
and safe time policies or to diminish the obligation of an employer to comply with any
contract, collective bargaining agreement, or any employment benefit program or plan that
meets or exceeds, and does not otherwise conflict with, the minimum standards and
requirements provided in this section.
(c) Nothing in sections 181.9445 to 181.9448 shall be construed to preempt, limit, or
otherwise affect the applicability of any other law, regulation, requirement, policy, or
standard that provides for a greater amount, accrual, or use by employees of paid sick and
safe time or that extends other protections to employees.
(d) Nothing in sections 181.9445 to 181.9448 shall be construed or applied so as to
create any power or duty in conflict with federal law.
(e) Employers who provide earned sick and safe time to their employees under a paid
time off policy or other paid leave policy that may be used for the same purposes and under
the same conditions as earned sick and safe time, and that meets or exceeds, and does not
otherwise conflict with, the minimum standards and requirements provided in sections
181.9445 to 181.9448 are not required to provide additional earned sick and safe time.
(f) The provisions of sections 181.9445 to 181.9448 may be waived by a collective
bargaining agreement with a bona fide building and construction trades labor organization
that has established itself as the collective bargaining representative for the affected building
and construction industry employees, provided that for such waiver to be valid, it shall
explicitly reference sections 181.9445 to 181.9448 and clearly and unambiguously waive
application of those sections to such employees.
new text begin
(g) An individual provider, as defined in section 256B.0711, subdivision 1, paragraph
(d), who provides services through a consumer support grant under section 256.476,
consumer-directed community supports under section 256B.4911, or community first services
and supports under section 256B.85, to a family member who is a participant, as defined
in section 256B.0711, subdivision 1, paragraph (e), may individually waive the provisions
of sections 181.9445 to 181.9448 for the remainder of the participant's service plan year,
provided that the funds are returned to the participant's budget. Once an individual provider
has waived the provisions of sections 181.9445 to 181.9448, they may not accrue earned
sick and safe time until the start of the participant's next service plan year.
new text end
deleted text begin (g)deleted text end new text begin (h)new text end Sections 181.9445 to 181.9448 do not prohibit an employer from establishing a
policy whereby employees may donate unused accrued sick and safe time to another
employee.
deleted text begin (h)deleted text end new text begin (i)new text end Sections 181.9445 to 181.9448 do not prohibit an employer from advancing sick
and safe time to an employee before accrual by the employee.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment, except
paragraph (a) is effective January 1, 2025.
new text end
Sec. 16.
Minnesota Statutes 2023 Supplement, section 181.9448, subdivision 2, is amended
to read:
Subd. 2.
Termination; separation; transfer.
Sections 181.9445 to 181.9448 do not
require financial or other reimbursement to an employee from an employer upon the
employee's termination, resignation, retirement, or other separation from employment for
accrued earned sick and safe time that has not been used. If an employee is transferred to
a separate division, entity, or location, but remains employed by the same employer, the
employee is entitled to all earned sick and safe time accrued at the prior division, entity, or
location and is entitled to use all earned sick and safe time as provided in sections 181.9445
to 181.9448. When there is a separation from employment and the employee is rehired
within 180 days of separation by the same employer, previously accrued earned sick and
safe time that had not been used new text begin or otherwise disbursed to the benefit of the employee upon
separation new text end must be reinstated. An employee is entitled to use accrued earned sick and safe
time and accrue additional earned sick and safe time at the commencement of reemployment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 17.
Minnesota Statutes 2023 Supplement, section 181.9448, subdivision 3, is amended
to read:
Subd. 3.
Employer succession.
(a) When a different employer succeeds or takes the
place of an existing employer, all employees of the original employer who remain employed
by the successor employer are entitled to all earned sick and safe time accrued but not used
when employed by the original employer, and are entitled to use all earned sick and safe
time previously accrued but not used.
(b) Ifdeleted text begin , at the time of transfer of the business,deleted text end employees are terminated by the original
employer and hired within 30 days by the successor employer following the deleted text begin transferdeleted text end new text begin employer
successionnew text end , those employees are entitled to all earned sick and safe time accrued but not
used when employed by the original employer, and are entitled to use all earned sick and
safe time previously accrued but not used.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 6
MISCELLANEOUS LABOR PROVISIONS
Section 1.
new text begin
[181.912] UNDERGROUND TELECOMMUNICATIONS
INFRASTRUCTURE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For the purposes of this section:
new text end
new text begin
(1) "directional drilling" means a drilling method that utilizes a steerable drill bit to cut
a bore hole for installing underground utilities;
new text end
new text begin
(2) "safety-qualified underground telecommunications installer" means a person who
has completed underground utilities installation certification under subdivision 3;
new text end
new text begin
(3) "underground telecommunications utilities" means buried broadband, telephone and
other telecommunications transmission, distribution and service lines, and associated
facilities; and
new text end
new text begin
(4) "underground utilities" means buried electric transmission and distribution lines, gas
and hazardous liquids pipelines and distribution lines, sewer and water pipelines, telephone
or telecommunications lines, and associated facilities.
new text end
new text begin Subd. 2. new text end
new text begin Installation requirements. new text end
new text begin
The installation of underground telecommunications
infrastructure that is located within ten feet of existing underground utilities or that crosses
said utilities must be performed by safety-qualified underground telecommunications
installers as follows:
new text end
new text begin
(1) the location of existing utilities by hand or hydro excavation or other accepted methods
must be performed by a safety-qualified underground telecommunications installer;
new text end
new text begin
(2) where telecommunications infrastructure is installed by means of directional drilling,
the monitoring of the location and depth of the drill head must be performed by a
safety-qualified underground telecommunications installer; and
new text end
new text begin
(3) no less than two safety-qualified underground telecommunications installers must
be present at all times at any location where telecommunications infrastructure is being
installed by means of directional drilling.
new text end
new text begin Subd. 3. new text end
new text begin Certification standards. new text end
new text begin
(a) The commissioner of labor and industry shall
approve standards for a safety-qualified underground telecommunications installer
certification program that requires a person to:
new text end
new text begin
(1) complete a 40-hour initial course that includes classroom and hands-on instruction
covering proper work procedures for safe installation of underground utilities, including:
new text end
new text begin
(i) regulations applicable to excavation near existing utilities;
new text end
new text begin
(ii) identification, location, and verification of utility lines using hand or hydro excavation
or other accepted methods;
new text end
new text begin
(iii) response to line strike incidents;
new text end
new text begin
(iv) traffic control procedures;
new text end
new text begin
(v) use of a tracking device to safely guide directional drill equipment along a drill path;
and
new text end
new text begin
(vi) avoidance and mitigation of safety hazards posed by underground utility installation
projects;
new text end
new text begin
(2) demonstrate knowledge of the course material by successfully completing an
examination approved by the commissioner; and
new text end
new text begin
(3) complete a four-hour refresher course within three years of completing the original
course and every three years thereafter in order to maintain certification.
new text end
new text begin
(b) The commissioner must develop an approval process for training providers under
this subdivision, and may suspend or revoke the approval of any training provider that fails
to demonstrate consistent delivery of approved curriculum or success in preparing participants
to complete the examination.
new text end
Sec. 2.
Minnesota Statutes 2022, section 181.960, subdivision 3, is amended to read:
Subd. 3.
Employer.
"Employer" means a person who has deleted text begin 20deleted text end new text begin onenew text end or more employees.
Employer does not include a state agency, statewide system, political subdivision, or advisory
board or commission that is subject to chapter 13.
Sec. 3.
Minnesota Statutes 2022, section 181A.03, subdivision 1, is amended to read:
Sec. 4.
Minnesota Statutes 2022, section 181A.03, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Online platform. new text end
new text begin
"Online platform" means any public-facing website, web
application, or digital application, including a mobile application. Online platform includes
a social network, advertising network, mobile operating system, search engine, email service,
monetization platform to sell digital services, streaming service, paid subscription, or Internet
access service.
new text end
Sec. 5.
Minnesota Statutes 2022, section 181A.03, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Content creation. new text end
new text begin
"Content creation" means content shared on an online
platform that generates compensation.
new text end
Sec. 6.
Minnesota Statutes 2022, section 181A.03, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Content creator. new text end
new text begin
"Content creator" means an individual or individuals 18 years
of age or older, including family members, who create content performed in Minnesota that
generates compensation, and includes any proprietorship, partnership, company, or other
corporate entity assuming the name or identity of a particular individual or individuals, or
family members, for the purposes of that content creator.
new text end
Sec. 7.
new text begin
[181A.13] COMPENSATION FOR INTERNET CONTENT CREATION.
new text end
new text begin Subdivision 1. new text end
new text begin Minors featured in content creation. new text end
new text begin
(a) Except as otherwise provided
in this section, a minor is considered engaged in the work of content creation when the
following criteria are met at any time during the previous 12-month period:
new text end
new text begin
(1) at least 30 percent of the content creator's compensated content produced within a
30-day period included the likeness, name, or photograph of any minor. Content percentage
is measured by the percentage of time the likeness, name, or photograph of a minor or, if
more than one minor regularly appears in the creator's content, any of the minors, visually
appears or is the subject of an oral narrative in a segment as compared to the total length of
the segment; and
new text end
new text begin
(2) the number of views received on any online platform met the online platform's
threshold for generating compensation or the content creator received actual compensation
for content equal to or greater than $0.01 per view.
new text end
new text begin
(b) A minor under the age of 14 is prohibited from engaging in the work of content
creation as provided in paragraph (a). If a minor under the age of 14 is featured by a content
creator, the minor shall receive 100 percent of the proceeds of the creator's compensation
for the content the minor has appeared in, less any amount owed to another minor.
new text end
new text begin
(c) A minor who is under the age of 18 and over the age of 13 may produce, create, and
publish their own content and are entitled to all compensation for their own content creation.
A minor engaged in the work of content creation as the producer, creator, and publisher of
content must also follow the requirements in paragraph (b).
new text end
new text begin
(d) A minor who appears incidentally in a video that depicts a public event that a
reasonable person would know to be a broadcast, including a concert, competition, or
sporting event, and is published by a content creator is not considered a violation of this
section.
new text end
new text begin Subd. 2. new text end
new text begin Records required. new text end
new text begin
(a) All content creators whose content features a minor
engaged in the work of content creation shall maintain the following records and retain the
records until the minor reaches the age of 21:
new text end
new text begin
(1) the name and documentary proof of the age of the minor engaged in the work of
content creation;
new text end
new text begin
(2) the amount of content creation that generated compensation as described in subdivision
1 during the reporting period;
new text end
new text begin
(3) the total number of minutes of content creation for which the content creator received
compensation during the reporting period;
new text end
new text begin
(4) the total number of minutes a minor was featured in content creation during the
reporting period;
new text end
new text begin
(5) the total compensation generated from content creation featuring a minor during the
reporting period; and
new text end
new text begin
(6) the amount deposited into the trust account for the benefit of the minor engaged in
the work of content creation as required by subdivision 3.
new text end
new text begin
(b) The records required by this subdivision must be readily accessible to the minor for
review. The content creator shall provide notice to the minor of the existence of the records.
new text end
new text begin Subd. 3. new text end
new text begin Trust required. new text end
new text begin
(a) A minor who is engaged in the work of content creation
consistent with this section must be compensated by the content creator. The content creator
must set aside gross earnings on the content that includes the likeness, name, or photograph
of the minor in a trust account to be preserved for the benefit of the minor until the minor
reaches the age of majority, according to the following distribution:
new text end
new text begin
(1) if only one minor meets the content threshold described in subdivision 1, the
percentage of total gross earnings on any segment, including the likeness, name, or
photograph of the minor that is equal to or greater than half of the content percentage that
includes the minor as described in subdivision 1; or
new text end
new text begin
(2) if more than one minor meets the content threshold described in subdivision 1 and
a segment includes more than one of those minors, the percentage described in clause (1)
for all minors in any segment must be equally divided between the minors regardless of
differences in percentage of content provided by the individual minors.
new text end
new text begin
(b) A trust account required under this section must, at a minimum, provide that:
new text end
new text begin
(1) the money in the account is available only to the minor engaged in the work of content
creation;
new text end
new text begin
(2) the account is held by a bank, corporate fiduciary, or trust company, as those terms
are defined in chapter 48A;
new text end
new text begin
(3) the money in the account becomes available to the minor engaged in the work of
content creation upon the minor attaining the age of 18 years or upon a declaration that the
minor is emancipated; and
new text end
new text begin
(4) that the account meets the requirements of chapter 527, the Uniform Transfers to
Minors Act.
new text end
new text begin Subd. 4. new text end
new text begin Civil action; enforcement. new text end
new text begin
(a) If a content creator knowingly or recklessly
violates this section, a minor or a person who was a minor at the time of the alleged violation
may commence a civil action to enforce the provisions of this section regarding the trust
account. In any action brought in accordance with this paragraph, the court may award
actual damages, including any compensation owed under this section.
new text end
new text begin
(b) Along with the civil action provided in paragraph (a), the minor may commence a
civil action against the content creator for damages, injunctive relief, and any other relief
the court finds just and equitable to enforce this section.
new text end
new text begin
(c) The attorney general may enforce subdivision 1 of this section, pursuant to section
8.31, and may recover costs and fees.
new text end
new text begin
(d) This section does not affect a right or remedy available under any other law of the
state.
new text end
new text begin
(e) Nothing in this section shall be interpreted to have any effect on a party that is neither
the content creator nor the minor who engaged in the work of content creation.
new text end
new text begin Subd. 5. new text end
new text begin Content deletion requests. new text end
new text begin
(a) A person 13 years of age or older who was
featured as a minor child in content of a content creator may request the permanent deletion
of the content from an online platform. An online platform must have an easily accessible
form available online for submission of the deletion request.
new text end
new text begin
(b) An online platform that receives a deletion request shall remove and permanently
delete the content for which the request was made within seven days after the request was
submitted.
new text end
new text begin
(c) Any contract between a content creator and an online platform that would reasonably
be anticipated to feature a minor child must include notification to the social media platform
of the rights under this subdivision.
new text end
new text begin Subd. 6. new text end
new text begin Minimum age exemption. new text end
new text begin
A minor 14 years of age or older who is compensated
under this section is exempt from the minimum age provisions of section 181A.04,
subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 8. new text begin RULEMAKING; ACCEPTABLE BLOOD LEAD LEVELS FOR WORKERS.
new text end
new text begin
The commissioner of labor and industry, in consultation with the commissioner of health,
shall adopt rules to:
new text end
new text begin
(1) lower the acceptable blood lead levels above which require mandatory removal of
workers from the lead exposure; and
new text end
new text begin
(2) lower the blood lead levels required before a worker is allowed to return to work.
The thresholds established must be based on the most recent public health information on
the safety of lead exposure.
new text end
ARTICLE 7
CONSTRUCTION CODES AND LICENSING
Section 1.
Minnesota Statutes 2022, section 326B.89, subdivision 5, is amended to read:
Subd. 5.
Payment limitations.
The commissioner shall not pay compensation from the
fund to an owner or a lessee in an amount greater than deleted text begin $75,000deleted text end new text begin $100,000new text end per licensee. The
commissioner shall not pay compensation from the fund to owners and lessees in an amount
that totals more than $550,000 per licensee. The commissioner shall only pay compensation
from the fund for a final judgment that is based on a contract directly between the licensee
and the homeowner or lessee that was entered into prior to the cause of action and that
requires licensure as a residential building contractor or residential remodeler.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2024.
new text end
ARTICLE 8
UNIVERSITY OF MINNESOTA COLLECTIVE BARGAINING
Section 1.
Minnesota Statutes 2023 Supplement, section 179A.03, subdivision 14, is
amended to read:
Subd. 14.
Public employee or employee.
(a) "Public employee" or "employee" means
any person appointed or employed by a public employer except:
(1) elected public officials;
(2) election officers;
(3) commissioned or enlisted personnel of the Minnesota National Guard;
(4) emergency employees who are employed for emergency work caused by natural
disaster;
(5) part-time employees whose service does not exceed the lesser of 14 hours per week
or 35 percent of the normal work week in the employee's appropriate unit;
(6) employees whose positions are basically temporary or seasonal in character and: (i)
are not for more than 67 working days in any calendar year; new text begin or new text end (ii) are not working for a
Minnesota school district or charter school; deleted text begin or (iii) are not for more than 100 working days
in any calendar year and the employees are under the age of 22, are full-time students
enrolled in a nonprofit or public educational institution prior to being hired by the employer,
and have indicated, either in an application for employment or by being enrolled at an
educational institution for the next academic year or term, an intention to continue as students
during or after their temporary employment;
deleted text end
(7) employees providing services for not more than two consecutive quarters to the
Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
professional or technical services contract as defined in section 16C.08, subdivision 1;
(8) employees of charitable hospitals as defined by section 179.35, subdivision 3, except
that employees of charitable hospitals as defined by section 179.35, subdivision 3, are public
employees for purposes of sections 179A.051, 179A.052, and 179A.13;
deleted text begin
(9) full-time undergraduate students employed by the school which they attend under a
work-study program or in connection with the receipt of financial aid, irrespective of number
of hours of service per week;
deleted text end
deleted text begin (10)deleted text end new text begin (9)new text end an individual who is employed for less than 300 hours in a fiscal year as an
instructor in an adult vocational education program;
deleted text begin (11)deleted text end new text begin (10)new text end with respect to court employees:
(i) personal secretaries to judges;
(ii) law clerks;
(iii) managerial employees;
(iv) confidential employees; and
(v) supervisory employees; or
deleted text begin (12)deleted text end new text begin (11)new text end with respect to employees of Hennepin Healthcare System, Inc., managerial,
supervisory, and confidential employees.
(b) The following individuals are public employees regardless of the exclusions of
paragraph (a), clauses (5) to (7):
(1) an employee hired by a school district or the Board of Trustees of the Minnesota
State Colleges and Universities except at the university established in the Twin Cities
metropolitan area under section 136F.10 or for community services or community education
instruction offered on a noncredit basis: (i) to replace an absent teacher or faculty member
who is a public employee, where the replacement employee is employed more than 30
working days as a replacement for that teacher or faculty member; or (ii) to take a teaching
position created due to increased enrollment, curriculum expansion, courses which are a
part of the curriculum whether offered annually or not, or other appropriate reasons;
(2) an employee hired for a position under paragraph (a), clause (6), item (i), if that same
position has already been filled under paragraph (a), clause (6), item (i), in the same calendar
year and the cumulative number of days worked in that same position by all employees
exceeds 67 calendar days in that year. For the purpose of this paragraph, "same position"
includes a substantially equivalent position if it is not the same position solely due to a
change in the classification or title of the position;
(3) an early childhood family education teacher employed by a school district; deleted text begin and
deleted text end
(4) an individual hired by the Board of Trustees of the Minnesota State Colleges and
Universitiesnew text begin or the University of Minnesotanew text end as the instructor of record to teach (i) one class
for more than three credits in a fiscal year, or (ii) two or more credit-bearing classes in a
fiscal yeardeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(5) an individual who: (i) is paid by the Board of Regents of the University of Minnesota
for work performed at the direction of the university or any of its employees or contractors;
and (ii) is enrolled in three or more university credit-bearing classes or one semester as a
full-time student or postdoctoral fellow during the fiscal year in which the work is performed.
For purposes of this section, work paid by the university includes but is not limited to work
that is required as a condition of receiving a stipend or tuition benefit, whether or not the
individual also receives educational benefit from performing that work. Individuals who
perform supervisory functions in regard to any of the aforementioned workers are not
considered supervisory employees for the purpose of section 179A.06, subdivision 2.
new text end
Sec. 2.
Minnesota Statutes 2022, section 179A.11, subdivision 1, is amended to read:
Subdivision 1.
Units.
new text begin (a) new text end The following are deleted text begin thedeleted text end appropriate units of University of
Minnesota employees. new text begin The listed units include, but are not limited to, the positions described.
A position may be added to a unit if the commissioner makes a determination under section
179A.09 that the unit is appropriate for the position.new text end All units shall exclude managerial and
confidential employees. deleted text begin Supervisory employees shall only be assigned to unit 13. No
additional units of University of Minnesota employees shall be recognized for the purpose
of meeting and negotiating.
deleted text end
(1) The Law Enforcement Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees with
the power of arrest.
(2) The Craft and Trades Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees whose
work requires specialized manual skills and knowledge acquired through formal training
or apprenticeship or equivalent on-the-job training or experience.
(3) The Service, Maintenance, and Labor Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all
employees whose work is typically that of maintenance, service, or labor and which does
not require extensive previous training or experience, except as provided in unit 4.
(4) The Health Care Nonprofessional and Service Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions
of all nonprofessional employees of the University of Minnesota hospitals, dental school,
and health service whose work is unique to those settings, excluding labor and maintenance
employees as defined in unit 3.
(5) The Nursing Professional Unit deleted text begin consists ofdeleted text end new text begin includesnew text end all positions which are required
to be filled by registered nurses.
(6) The Clerical and Office Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees
whose work is typically clerical or secretarial, including nontechnical data recording and
retrieval and general office work, except as provided in unit 4.
(7) The Technical Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all employees whose work
is not typically manual and which requires specialized knowledge or skills acquired through
two-year academic programs or equivalent experience or on-the-job training, except as
provided in unit 4.
deleted text begin
(8) The Twin Cities Instructional Unit consists of the positions of all instructional
employees with the rank of professor, associate professor, assistant professor, including
research associate or instructor, including research fellow, located on the Twin Cities
campuses.
deleted text end
deleted text begin (9)deleted text end new text begin (8)new text end The Outstate Instructional Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all instructional
employees with the rank of professor, associate professor, assistant professor, including
research associate or instructor, including research fellow, located at the Duluth campus,
provided that the positions of instructional employees of the same ranks at the Morris,
Crookston, or deleted text begin Wasecadeleted text end new text begin Rochesternew text end campuses shall be included within this unit if a majority
of the eligible employees voting at a campus so vote during an election conducted by the
commissioner, provided that the election new text begin or majority verification procedure new text end shall not be
held until the Duluth campus has voted in favor of representation. The election shall be held
new text begin or majority verification procedure shall take place new text end when an employee organization or group
of employees petitions the commissioner stating that a majority of the eligible employees
at one of these campuses wishes to join the unit and this petition is supported by a showing
of at least 30 percent support from eligible employees at that campus and is filed between
September 1 and November 1.
deleted text begin
Should both units 8 and 9 elect exclusive bargaining representatives, those representatives
may by mutual agreement jointly negotiate a contract with the regents, or may negotiate
separate contracts with the regents. If the exclusive bargaining representatives jointly
negotiate a contract with the regents, the contract shall be ratified by each unit.
deleted text end
new text begin
For the
purposes of this section, an "instructional employee" is an individual who spends 35 percent
or more of their work time creating, delivering, and assessing the mastery of credit-bearing
coursework.
new text end
(10) The Graduate Assistant Unit deleted text begin consists ofdeleted text end new text begin includesnew text end the positions of all graduate
assistants who are enrolled in the graduate school and who hold the rank of research assistant,
teaching assistant, teaching associate I or II, project assistant, new text begin graduate school fellow,
graduate school trainee, professional school fellow, professional school trainee, new text end or
administrative fellow I or II.new text begin The listed ranks do not coincide with the ranks that are
categorized by the University of Minnesota as professionals in training, even though in
some cases the job titles may be the same.
new text end
deleted text begin
(11) The Academic Professional and Administrative Staff Unit consists of all academic
professional and administrative staff positions that are not defined as included in an
instructional unit, the supervisory unit, the clerical unit, or the technical unit.
deleted text end
deleted text begin
(12) The Noninstructional Professional Unit consists of the positions of all employees
meeting the requirements of section 179A.03, subdivision 13, clause (1) or (2), which are
not defined as included within an instructional unit, the Academic Professional and
Administrative Staff Unit, or the supervisory unit.
deleted text end
deleted text begin
(13) The Supervisory Employees Unit consists of the positions of all supervisory
employees.
deleted text end
new text begin
(b) An employee of the University of Minnesota whose position is not enumerated in
paragraph (a) may petition the commissioner to determine an appropriate unit for the position.
The commissioner must make a determination for an appropriate unit as provided in section
179A.09 and the commissioner must give special weight to the desires of the petitioning
employee or representatives of the petitioning employee.
new text end
Sec. 3.
Minnesota Statutes 2022, section 179A.11, subdivision 2, is amended to read:
Subd. 2.
University of Minnesota employee severance.
new text begin (a) new text end Each of the following
groups of University of Minnesota employees has the right, as specified in this subdivision,
to separate from the instructional and supervisory units: (1) health sciences instructional
employees at all campuses with the rank of professor, associate professor, assistant professor,
including research associate, or instructor, including research fellow, (2) instructional
employees of the law school with the rank of professor, associate professor, assistant
professor, including research associate, or instructor, including research fellow, (3)
instructional supervisors, (4) noninstructional professional supervisors, and (5) academic
professional and administrative staff supervisors.
deleted text begin Thisdeleted text end new text begin (b) Thenew text end right new text begin to separate new text end may be exercisednew text begin :
new text end
new text begin (1)new text end by petition between September 1 and November 1. If a group separates from its unit,
it has no right to meet and negotiate, but retains the right to meet and confer with the
appropriate officials on any matter of concern to the group. The right to separate must be
exercised as follows: An employee organization or group of employees claiming that a
majority of any one of these groups of employees on a statewide basis wish to separate from
their unit may petition the commissioner for an election during the petitioning period. If the
petition is supported by a showing of at least 30 percent support from the employees, the
commissioner deleted text begin shalldeleted text end new text begin maynew text end hold an election on the separation issuenew text begin or the petitioning group
may proceed under the process set forth in section 179A.12new text end . This election must be conducted
within 30 days of the close of the petition period. If a majority of votes cast endorse severance
from their unit, the commissioner shall certify that resultdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) by the group's exclusion from a proposed unit in a representation petition.
new text end
new text begin (c) new text end Where not inconsistent with other provisions of this section, the election is governed
by section 179A.12. If a group of employees severs, it may rejoin that unit by following the
procedures for severance during the periods for severance.
Sec. 4.
Minnesota Statutes 2022, section 179A.11, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Joint bargaining. new text end
new text begin
Units organized under this section that have elected exclusive
bargaining representatives may by mutual agreement of the exclusive representatives jointly
negotiate a contract with the regents or may negotiate separate contracts with the regents.
If the exclusive bargaining representatives jointly negotiate a contract with the regents, the
contract must be ratified by each unit.
new text end
APPENDIX
Repealed Minnesota Statutes: S5266-1
179.81 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 179.81 to 179.85, the terms defined in this section have the meanings given them.
Subd. 2.
Area labor-management committee or committee.
"Area labor-management committee" or "committee" means a committee formed by and composed of multiple employers and multiple labor organizations within a geographic area or statewide employment sector, for the purpose of improving labor-management relations and enhancing economic development within a given geographic jurisdiction or sector through labor-management cooperation.
Subd. 3.
Bureau.
"Bureau" means the Bureau of Mediation Services.
Subd. 4.
Commissioner.
"Commissioner" means the commissioner of the Bureau of Mediation Services.
179.82 GRANT PROGRAM CREATED; APPLICATIONS.
Subdivision 1.
Creation.
An area labor-management committee grant program is created within the bureau to be administered by the commissioner.
Subd. 2.
Rules.
Applications for area/statewide industry labor-management committee grants must be submitted to the bureau under rules adopted by the commissioner.
179.83 ACTION ON APPLICATION.
Subdivision 1.
Standard for approval.
Following an established calendar, the commissioner shall review the applications. Grants must be awarded on a competitive basis based on the appropriateness of the proposal, the attainability of the goals, the evidence of interest in the proposal among representatives of labor and management in the area within the committee's jurisdiction, and the thoroughness of the financial plan presented. Successful applicants shall be notified of the award no later than December 1 of each year.
179.84 GENERAL CONDITIONS AND TERMS OF GRANTS.
Subdivision 1.
Requirements.
For each grant awarded the commissioner shall:
(1) require an approved work plan that establishes measurable goals and objectives for the committee within the committee's area of responsibility and that prohibits the committee from becoming involved in contract disputes, labor negotiations, or grievance procedures; and
(2) annually review the operating performance of each area labor-management committee receiving state money under this program.
179.85 FUNDING LIMITATIONS.
A new or existing area labor-management committee may apply for a maximum grant of $75,000 per year. A new or existing area labor-management committee may be awarded state grant money, and must provide money from other nonstate sources, in the following ratio of state and nonstate money: in the first year, 90 percent state and ten percent nonstate; in the second year, 80 percent state and 20 percent nonstate; in the third year and beyond, 50 percent state and 50 percent nonstate.
Repealed Minnesota Rule: S5266-1
5520.0100 APPLICATION.
Parts 5520.0100 to 5520.0800 apply to the preparation, submission, and approval of applications for grants under the Minnesota Area Labor-Management Committee Grant Program.
5520.0110 POLICY.
Parts 5520.0100 to 5520.0800 shall be liberally construed to accomplish the provisions and purposes of the Minnesota Area Labor-Management Committee Grant Program.
5520.0120 DEFINITIONS.
Subpart 1.
Scope.
For the purpose of parts 5520.0100 to 5520.0800, the terms defined in this part have the meanings given them.
Subp. 2.
Application.
"Application" means a written request for grant funds completed on a form developed by and available from the bureau.
Subp. 4.
Commissioner.
"Commissioner" means the commissioner of the bureau or an authorized agent.
Subp. 5.
Area Labor-Management Committee or committee.
"Area Labor-Management Committee" or "committee" means an organization of representatives from multiple labor organizations and multiple employer enterprises within a geographic area or statewide employment sector which has as its principle purpose the strengthening of union-management relations within the area or sector.
Subp. 6.
Grant program.
"Grant program" means the Minnesota Area Labor-Management Committee Grant Program, as created in Minnesota Statutes, sections 179.81 to 179.85.
Subp. 7.
Office of Cooperative Labor-Management Programs.
"Office of Cooperative Labor-Management Programs" means the office within the bureau created to administer the grant program.
5520.0200 GRANT APPLICATIONS.
Subpart 1.
Scope.
The procedures in this part will be used by the commissioner in receiving and considering grant program applications.
Subp. 2.
Notice and deadline.
On or before September 1 of each calendar year, the commissioner shall publish a notice of the availability of funds under the grant program in the State Register. An application for a grant must be submitted to the bureau by October 15 of the previous year.
Subp. 3.
Application form and purpose.
Each application must be on forms available from the bureau and must include a statement of purpose and a description of the Area Labor-Management Committee requesting grant funds. All current committee members and officers must be identified in the application and a brief description of the committee's existing or proposed operating procedures must be included. A copy of the committee bylaws, if adopted, must also accompany the application.
Subp. 4.
Statement of goals.
The application must include a descriptive statement of the labor-management climate and major issues or problems existing in the committee's area of jurisdiction, as well as the major purpose or goal of the committee in the context of the problems. The goal statement must describe specific changes or outcomes the committee seeks to accomplish through use of grant program funds. Quantifiable, specific goal and problem statements are encouraged. Applicants should avoid broad, generic, overly-generalized statements.
Subp. 5.
Methodology.
The application must include a description of the approach and methodology to be used by the committee in solving the problems and achieving the goals identified in subpart 4. The application must include an implementation plan setting forth specific and measurable goals and objectives to be accomplished during the grant period, the major action steps to be taken, a timetable indicating when those action steps will be taken, and when goals and objectives will be accomplished.
Subp. 6.
Financial plan.
The application must include a four-year financial plan detailing the revenues and expenditures anticipated over a four-year period, commencing with the year for which the grant is being requested. The plan must identify the total amount of state funding necessary to carry out the committee's goals and objectives and the money to be raised from other sources to meet the guidelines of the grant program. The plan must be accompanied by a proposed committee budget over the four-year period detailing how all money, including state grant money, is to be expended. Existing committees must also submit copies of actual financial statements for the four-year period preceding the proposed grant period.
5520.0250 GRANT RESTRICTIONS.
Subpart 1.
Labor negotiations, grievances, or disputes.
No committee funded, in whole or in part, through the grant program may engage in activities directly or indirectly related to labor negotiations, contract disputes, or grievance procedures. Violation of this subpart is grounds for termination of the grant.
Subp. 2.
Prior obligations.
No grant money may be used directly or indirectly to cover costs incurred before the effective date of the grant nor to cover costs that are not specifically related to the goals in the application. No finder's fee or other form of payment for successful application shall be permitted in conjunction with the grant program.
Subp. 4.
Delegation or transfer.
A successful applicant may not, in whole or in part, delegate or transfer responsibility for the management of the grant or control and use of its funds to any other organization or entity.
5520.0300 GRANT PERIOD AND AMOUNT.
Subp. 2.
Amount.
The amount of each grant will be determined by the commissioner after considering the merits and reasonableness of each application, the total funds available in relationship to the total amounts requested, prior awards and experiences with individual applicants, the usual and customary costs of operating a committee, and the overall purposes and goals of the program.
Subp. 3.
Ratio of state and nonstate funds.
Regardless of the funds available, no grant will be awarded that would be inconsistent with the following ratio of state and nonstate revenues for the committee: (Year 1 is the first year state funds are received under this program, Year 2 is the second, etc.).
| Percent Nonstate Revenues | Percent State Revenues | |
| Year 1 | 10 | 90 |
| Year 2 | 20 | 80 |
| Year 3 & Beyond | 50 | 50 |
5520.0500 APPLICATION REVIEW PROCEDURES.
Subpart 1.
Competitive basis.
All timely and complete applications will be reviewed on a competitive basis. Grants will be awarded by the commissioner in amounts and to parties as deemed consistent with the overall purposes of the grant program. In evaluating applications and awarding grants, the factors described in this part will be considered.
Subp. 2.
Appropriateness.
The appropriateness of the proposal must be evaluated. Appropriateness includes:
B.
the extent and history of labor-management activity within the area to be served by the proposed grant;
Subp. 3.
Attainability of goals.
The attainability of the goals in the proposal must be evaluated. Attainability includes:
B.
evaluation of the applicant's ability and capacity to implement program activities necessary to achieve stated goals;
Subp. 4.
Support for the proposal.
Evidence of support for the proposal from multiple labor-management representatives within the area will be reviewed. The evidence may be submitted in the form of letters of endorsement, resolutions of support adopted by ad hoc groups, or other form that permits consultation and verification with individual representatives by the bureau. Established committees must attach a copy of the minutes of the meeting at which the proposal was approved and the minutes should reflect the names and organizations of all persons present for the meeting.
Subp. 5.
Financial plans.
The thoroughness of the four-year financial plan submitted as a part of the proposal, including an analysis of the overall reasonableness of revenue and expense projections; the detail and reasonableness of projected funding sources and amounts; and the detail and reasonableness of projected expenditures will be considered. Established committees must attach copies of actual financial operating statements that reflect annual revenue sources and amounts and expense categories and amounts for each year of the three-year period preceding the current year, as well as for the current year-to-date.
Subp. 6.
Work plans.
The thoroughness of detailed plans for achieving the major goals and objectives of the committee will be evaluated to determine the ability of the committee to identify key tasks and action steps necessary to the attainment of goals; the designation of appropriate time frames; relevance of work plans to objectives of the grant program; and the extent of planning undertaken by the applicant with regard to its goals.
5520.0520 WORK PLAN.
Each grant application must include a work plan that describes the major work steps to be undertaken by the committee during the grant period in achieving its individual goals and objectives. Work plans should describe each area of substantial program activity contemplated by the committee, the key steps necessary to achieving each program activity, and a time frame for determining progress in each activity area. Grantees are responsible for compliance with their work plans and for advising the Office of Cooperative Labor-Management Programs of any significant alterations in the goals, objectives, or work plans of the committee. Written quarterly reports, describing the progress and problems in adhering to the work plan, must accompany financial reports in conformance to the provisions of part 5520.0560.
5520.0540 BUDGET ADJUSTMENTS.
Grant recipients must consult, in writing, with the Office of Cooperative Labor-Management Programs before making budget adjustments that:
5520.0560 QUARTERLY REPORTS.
Each grant recipient must file detailed financial and activity reports on a quarterly basis in accordance with the following schedule:
5520.0600 ACCOUNTING SYSTEM.
Each grant recipient must establish and maintain a system of financial management of the grant that complies with accepted accounting practices. The system must provide accurate, current, and complete information on the financial status of each grant-supported activity and must include the generation of periodic reports indicating the allocation of funds by activity, the amount expended, and the amount obligated. Each dollar of Area Labor-Management Committee Grant Program money must be traceable through the accounting system.
All accounting documents must be supported by source documentation such as payroll records, invoices, and purchase vouchers. All employees paid in whole or in part from grant funds must prepare time sheets reflecting the number of hours worked on grant activities during the pay period and the payroll must be based on these time sheets. Any purchase of services agreement entered into by the committee must specify the amount and nature of services to be provided in a manner that facilitates determination of an hourly or per-unit rate for those services.
5520.0620 AUDITS.
Subpart 1.
Financial and compliance audits.
All grant recipients must arrange for and undergo a financial and compliance audit at least once every two years. The audits must be performed by qualified individuals who are independent of those persons who authorize, manage, and carry out the expenditure of funds to ensure unbiased opinions, conclusions, or judgments. Grant recipients are responsible for arranging and paying for these audits. The purpose of the audit is to report on whether:
B.
financial and other reports submitted as a part of the program have been presented fairly and accurately;
E.
program objectives and results are being effectively and economically achieved.
Normal accepted auditing methods and standards must be applied in the performance of this audit. Should an auditor become aware of irregularities in financial or programmatic performance, the auditor must promptly notify the commissioner of those irregularities and, if appropriate, higher grantee management officials than the level at which irregularities appear to lie.
Subp. 2.
Audit reports.
A written audit report shall be prepared and include:
D.
comments regarding the accuracy and completeness of financial and program reports filed by the grantee.
Three copies of the written audit report must be provided to the commissioner and a copy shall be made available to each member of the committee.
5520.0700 INITIAL PAYMENTS.
No grant payments will be issued until the grant application and required work plans have received final approval by the commissioner and a written grant contract has been executed and approved.
5520.0710 SUBSEQUENT PAYMENTS.
Subsequent grant payments will be made on a quarterly basis based on submission of a payment request form and other required reports. When computing requests for payment, the recipient should first apply any unused portions of a previous grant payment toward the next month's anticipated expenditures.
5520.0800 TERMINATION OF GRANTS.
Subpart 1.
General.
Grants shall be suspended, terminated, or withdrawn, in whole or in part, by the commissioner if funds provided are used in a manner inconsistent with the policies of parts 5520.0100 to 5520.0800, or if it appears that funds are being used in a manner inconsistent with the stated goals and purpose of the grant application or approved amendments. Grants shall also be suspended, terminated, or withdrawn if it appears that the applicant is unable or unwilling to fulfill responsibilities set forth in the application.
Subp. 2.
Notice.
In the event the commissioner believes that there is reason to suspend, terminate, or withdraw a grant, the commissioner shall provide written notice to the grant recipient stating the nature of the contemplated action, the anticipated effective date, and the reasons for the action. The grant recipient may submit a written response to the notice within five working days of receipt of the notice from the commissioner. After investigating the situation, including any information provided by the committee in response to the commissioner's notice, the commissioner shall determine final action with regard to suspension, termination, or withdrawal of the grant. The commissioner shall provide written notice of the final determination to all interested parties.