Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13123

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-THIRD SESSION - 2024

 

_____________________

 

ONE HUNDRED FIRST DAY

 

Saint Paul, Minnesota, Thursday, April 11, 2024

 

 

      The House of Representatives convened at 3:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by Dinesh Shastri, Priest, and Vivek Kamran, General Secretary, Geeta Ashram Temple, Brooklyn Park, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Davids

Davis

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lawrence

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nelson, M.

Neu Brindley

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rarick

Rehm

Reyer

Robbins

Schomacker

Schultz

Scott

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      A quorum was present.

 

      Demuth; McDonald and Nelson, N., were excused.

 

      Sencer-Mura was excused until 5:05 p.m.  Nash was excused until 6:30 p.m.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13124

REPORTS OF CHIEF CLERK

 

      S. F. No. 3492 and H. F. No. 3591, which had been referred to the Chief Clerk for comparison, were examined and found to be not identical.

 

      Agbaje moved that S. F. No. 3492 be substituted for H. F. No. 3591 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

PETITIONS AND COMMUNICATIONS

 

 

      The following communications were received:

 

 

STATE OF MINNESOTA

OFFICE OF THE GOVERNOR

SAINT PAUL 55155

 

April 10, 2024

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

The State of Minnesota

 

Dear Speaker Hortman:

 

      Please be advised that I have received, approved, signed, and deposited in the Office of the Secretary of State the following House File:

 

H. F. No. 3613, relating to technical corrections; providing for clarifications on forecasted Metro Mobility funding; providing an effective date for education forecast adjustments; appropriating money.

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Tim Walz

                                                                                                                                Governor

 

 

STATE OF MINNESOTA

OFFICE OF THE SECRETARY OF STATE

ST. PAUL 55155

 

The Honorable Melissa Hortman

Speaker of the House of Representatives

 

The Honorable Bobby Joe Champion

President of the Senate

 

      I have the honor to inform you that the following enrolled Act of the 2024 Session of the State Legislature has been received from the Office of the Governor and is deposited in the Office of the Secretary of State for preservation, pursuant to the State Constitution, Article IV, Section 23:


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13125

S. F.

No.

 

H. F.

No.

 

Session Laws

Chapter No.

Time and

Date Approved

2024

 

Date Filed

2024

 

                                3613                        86                                         2:45 p.m.  April 10                                April 10

 

 

                                                                                                                                Sincerely,

 

                                                                                                                                Steve Simon

                                                                                                                                Secretary of State

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 685, A bill for an act relating to housing; restricting residential rentals by corporate home owners; proposing coding for new law in Minnesota Statutes, chapter 500.

 

Reported the same back with the following amendments:

 

Page 1, after line 4, insert:

 

"Section 1.  [462A.45] STATEWIDE LANDLORD DATABASE.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the terms defined in this subdivision have the meanings given.

 

(b) "Landlord" has the meaning given in section 504B.001, subdivision 7.

 

(c) "Residential building" has the meaning given in section 504B.001, subdivision 11.

 

(d) "Tenant" has the meaning given to "residential tenant" in section 504B.001, subdivision 12.

 

Subd. 2.  Statewide landlord database.  The commissioner of the Housing Finance Agency, in consultation with the secretary of state and the Department of Commerce, shall create a statewide landlord database that collects and retains the information required in this section.  The agency must not charge a fee to a landlord for annually submitting information to the database.  Access to the database must be at no cost and the information submitted must be accessible to the public through a public website that can be searched by a public user.  The database must allow tenants and prospective tenants to report rental units or landlords who cannot be found in the database.

 

Subd. 3.  Landlord database; annual submissions.  (a) Before renting a rental unit in a residential building in the state or within 30 days of renting a rental unit in the state, a landlord must provide the following information to the statewide landlord database:

 

(1) the complete legal names of the owners of the residential building where the rental property is located and, if the property is owned by a company or group of investors, the complete legal names of each natural person who has an economic interest in the residential building;


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13126

(2) the business address of each natural person who owns an interest in the property;

 

(3) the name, address, and contact information for the landlord or manager of the property;

 

(4) the rent for each residential rental unit on the first day that the property is rented or on January 1 of the year of the filing for a renewal; and

 

(5) if the rental unit or the residential building has a rental license, the date of issue, expiration, and jurisdiction issuing the license.

 

(b) A landlord must annually update a submission for each rental unit or residential building that the landlord is renting by February 1 or, if a unit is vacant, before or during the first 30 days that the rental unit is occupied.

 

(c) A landlord who fails to comply with this subdivision is subject to penalties under subdivision 4.

 

Subd. 4.  Enforcement.  (a) A tenant who is unable to locate a property or property owner in the statewide landlord database shall notify the Housing Finance Agency that the landlord or unit could not be found, and the tenant must provide their contact information, the unit address, and the contact information for the landlord.  The Housing Finance Agency must send a letter to the landlord with information on the database and notice that the landlord must provide the landlord's annual submission to the database within 30 days of the date that the landlord received notice of the letter.  The Housing Finance Agency must send the tenant a copy of the letter.  An enforcement action under paragraph (b) may not be brought until 31 days after the date of the letter sent under this paragraph.

 

(b) The attorney general may enforce this section.  The court may award a civil penalty of up to $5,000 if the court finds that the landlord has repeated knowing and willful violations of this section."

 

Page, 1, line 14, after "The" insert "corporate"

 

Page 1, after line 19, insert:

 

"(b) The individual owner of a single-family home is prohibited from renting the home to a residential tenant when the owner has a property interest in 20 or more single-family nonhomestead properties that have a current residential tenant, or are available for rent or have been rented within the last 12 months by a residential tenant and the owner is not a named exception to this restriction under subdivision 3.

 

(c) For the purposes of this section, a "single-family home" is a single home and does not include a duplex, triplex, or fourplex."

 

Page 2, line 1, delete "(b)" and insert "(d)"

 

Page 2, line 4, after "owner" insert "or corporate owner"

 

Page 2, line 5, delete "1" and insert "2"

 

Page 2, after line 8, insert:

 

"(4) the owner of a home licensed under chapter 245D;

 

(5) an employer and the home is a home rented by the employer to an employee;"


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13127

Page 2, line 9, delete "(4)" and insert "(6)"

 

Page 2, line 11, delete "(5)" and insert "(7)" and after "a" insert "sheriff certificate"

 

Page 2, line 15, after "(c)" insert "An owner or"

 

Page 2, line 17, after "if" insert "(1)"

 

Page 2, line 18, before the period, insert ", and (2) the exemption does not limit the supply of affordable, safe single-family homes available to purchasers who plan to be owner-occupants"

 

Page 2, line 22, after the period, insert "The agency may charge a reasonable fee to process applications for exemptions and renewals of exemptions under this section." and delete the second "The"

 

Page 2, line 23, delete everything before "each"

 

Page 2, line 24, delete "paragraph to ensure that owner" and insert "section must file an annual request to continue the exemption.  The agency shall grant the request if the applicant"

 

Page 2, line 26, after the period, insert "(d)"

 

Page 3, line 1, delete everything after the period

 

Page 3, delete lines 2 to 4

 

Page 3, line 5, delete everything after "shall" and insert "award a $100,000 civil fine for each single-family home rented in excess of the amount allowed under this section, as well as"

 

Page 3, line 6, delete everything before "court"

 

Page 3, line 7, after the period, insert "Civil fines collected pursuant to this section shall be deposited in the workforce and affordable homeownership development program."

 

Page 3, line 9, delete everything after "section" and insert a period

 

Page 3, delete lines 10 to 32

 

Page 4, delete lines 1 to 10

 

Page 4, after line 13, insert:

 

"Sec. 3.  [504B.112] OWNERSHIP DISCLOSURE.

 

A landlord must disclose to a tenant in writing the name and contact information for all parties with any interest in the real property subject to the lease."

 

Renumber the sections in sequence


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13128

Amend the title as follows:

 

Page 1, line 2, after the second semicolon, insert "establishing a statewide landlord database;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Housing Finance and Policy.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 8, H. F. No. 685 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

      Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

 

H. F. No. 912, A bill for an act relating to human services; establishing the Layla Jackson Law; modifying child welfare provisions; requiring reports; appropriating money; amending Minnesota Statutes 2022, section 260C.329, subdivisions 3, 8; proposing coding for new law in Minnesota Statutes, chapter 260.

 

Reported the same back with the following amendments:

 

Page 1, line 20, before the period, insert ", or the Minnesota American Indian Family Preservation Act, sections 260.751 to 260.835"

 

Page 2, line 14, after "and" insert "the child's"

 

Page 2, line 15, after "efforts" insert "sets a higher standard for the responsible social services agency than reasonable efforts.  Active efforts"

 

Page 2, line 16, delete "and to" and insert a comma

 

Page 2, line 17, delete everything after "child" and insert ", and"

 

Page 2, delete line 18

 

Page 2, line 19, delete "make active efforts to"

 

Page 2, line 20, delete everything after the period

 

Page 2, delete lines 21 and 22

 

Page 3, line 2, after "child's" insert "family," and after "community" insert a comma

 

Page 3, line 31, after the period, insert "Disproportionately represented child includes members of unique cultural groups belonging to larger ethnic or cultural categories used in federal, state, or local demographic data when the members are known to be disproportionately affected."


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13129

Page 4, line 8, after "includes" insert "a placement in foster care following"

 

Page 5, line 7, delete "accountable" and insert "responsible" and after "for" insert "helping with"

 

Page 5, line 23, delete everything after "to" and insert "prevent out-of-home placement and preserve the child's family"

 

Page 5, line 24, delete everything before the period

 

Page 5, line 27, delete the semicolon

 

Page 5, line 28, delete "(3) hold a family group consultation meeting"

 

Page 5, line 29, delete "and"

 

Page 5, after line 29, insert:

 

"(3) work with the family to develop an alternative plan to out-of-home placement;

 

(4) before making decisions that may affect the child's safety and well-being or when contemplating out‑of‑home placement, seek guidance from the child's family structure on how the family can seek help, what resources are available, and what barriers the family faces at that time; and"

 

Page 5, line 30, delete "(4)" and insert "(5)"

 

Page 6, delete lines 11 and 12 and insert: 

 

"(d) The responsible social services agency is not required to establish a safety plan:

 

(1) in a case with allegations of sexual abuse or egregious harm;

 

(2) when the parent is not willing to follow a safety plan;

 

(3) when the parent has abandoned the child or is unavailable to follow a safety plan; or

 

(4) when the parent has chronic substance abuse issues and is unable to parent the child."

 

Page 6, line 15, after "prevent" insert ", delay, or deny"

 

Page 7, line 3, delete "the responsible social services agency is notified that"

 

Page 8, line 4, delete "must be represented" and insert "has a right to counsel appointed by the court"

 

Page 8, line 5, delete everything before the period

 

Page 9, line 8, delete "; TEMPORARY OUT-OF-HOME" and insert a period

 

Page 9, delete line 9

 

Page 9, line 33, delete "the child's continued placement in the home of" and insert "the child physically remaining in the home with"


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13130

Page 10, line 12, after the period, insert "Relative placement consideration requirements in sections 260C.212, subdivision 2, paragraph (a), and 260C.221, subdivision 4, apply."

 

Page 13, line 28, after "shall" insert "consider the requirements of and responsibilities under section 260.012, paragraph (a), and"

 

Page 15, line 31, after "commissioner" insert "and the African American Child Well-Being Advisory Council, if applicable,"

 

Page 16, line 1, delete "In any adoptive or preadoptive placement proceeding" and insert "Following a responsible social services agency adoptive placement decision"

 

Page 16, line 3, after "shall" insert "immediately" and delete "pending proceeding" and insert "agency's decision"

 

Page 16, line 4, after the period, insert "The commissioner has the right to intervene in cases where a determination of noncompliance with this act was made."

 

Page 16, line 6, after "notice" insert "and prior to processing an adoption placement agreement"

 

Page 16, line 10, after "notice" insert "and indicates an intent to exercise the commissioner's right of intervention,"

 

Page 16, line 21, after the second comma, insert "the African American Child Well-Being Advisory Council,"

 

Page 16, line 23, after the period, insert "When the case review consists of fewer than five cases, the responsible social services agency must only report the case data to the African American Child Well-Being Advisory Council."

 

Page 18, after line 4, insert:

 

"Sec. 11.  [260.695] AFRICAN AMERICAN CHILD WELL-BEING ADVISORY COUNCIL.

 

Subdivision 1.  Duties.  The African American Child Well-Being Advisory Council shall:

 

(1) review annual reports related to African American children in out-of-home placement;

 

(2) assist in and make recommendations to the commissioner for developing strategies to prevent out-of-home placement, promote culturally appropriate foster care and shelter or facility placement decisions and settings for African American children, and improve child welfare outcomes for African American children and families;

 

(3) review summary reports on case reviews prepared by the commissioner to ensure that responsible social services agencies meet the needs of African American families.  The council may review individual case information with identifying information redacted to provide context and oversight and to address disparities in the treatment of African American children and families as compared to other children and families involved in the child welfare system;

 

(4) assist the Cultural and Ethnic Communities Leadership Council with making recommendations to the commissioner and the legislature for public policy and statutory changes that specifically consider the needs of African American children and families involved in the child welfare system;


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13131

(5) advise the commissioner and responsible social services agencies on stakeholder engagement and actions that the commissioner and agencies may take to improve child welfare outcomes for African American children and families;

 

(6) assist the commissioner with developing strategies for public messaging and communication related to racial disparities in child welfare outcomes for African American children and families;

 

(7) assist the commissioner with identifying and developing internal and external partnerships to support adequate access to services and resources for African American children and families, including but not limited to housing assistance, employment assistance, food and nutrition support, health care, child care assistance, and educational support and training; and

 

(8) identify barriers to the development of a racially and ethnically diverse child welfare workforce in Minnesota that includes professionals who have been directly impacted by experiences within the child welfare system and explore strategies and partnerships to address education and training needs and hiring and recruitment practices.

 

Subd. 2.  Case review.  (a) The council may initiate a secondary case review of an African American child's case upon the request of a child's parent or custodian or the child if the council determines that a secondary case review is appropriate after reviewing the commissioner's summary report and conclusions from the initial case review.  The purpose of a secondary case review under this subdivision is to provide recommendations to the commissioner and the responsible social services agency to improve the child welfare system and provide better outcomes for the child and the child's family.

 

(b) Upon the request of the parent, custodian, or child, members of the African American Child Well-Being Advisory Council shall have access to the following data, as permitted under applicable statutes, for a child's case review under this subdivision:

 

(1) law enforcement investigative data;

 

(2) autopsy records and coroner or medical examiner investigative data;

 

(3) hospital, public health, and other medical records of the child;

 

(4) hospital and other medical records of the child's parent that relate to prenatal care;

 

(5) records of any responsible social services agency that provided services to the child or family; and

 

(6) a responsible social services agency's personnel data regarding any agency employees who provided services to the child or child's family members.

 

A state agency, statewide system, or political subdivision shall provide the data in paragraph (b) to the African American Child Well-Being Advisory Council and the council's members upon request of the commissioner.  Not public data may be shared with members of the council in connection with an individual case.

 

(c) Not public data acquired by the African American Child Well-Being Advisory Council in the exercise of its duties retains its original classification.  The commissioner may not disclose data on individuals that were classified as confidential or private data on individuals in possession of the state agency, statewide system, or political subdivision from which the data were received, except that the commissioner may disclose responsible social services agency data as provided in section 260E.35, subdivision 7, on individual cases involving a fatality or near fatality of a person served by the responsible social services agency prior to the date of the death or incident.


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(d) The proceedings and records of the council that pertain to the case review of an individual child are private data or confidential data to the extent that they contain data on an active investigation.  Information, documents, and records otherwise available from other sources are not immune from discovery or use in a civil or criminal action solely because the information, documents, and records were presented during proceedings of the council.  A person who presented information before the council or who is a member of the council is not prevented from testifying about matters within the person's knowledge.

 

Subd. 3.  Annual report.  By January 1 of each year, beginning January 1, 2026, the council shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over child protection on the council's activities under this section and other issues of the council's choosing.  The report may include recommendations for statutory changes to improve the child protection system and child welfare outcomes for African American children and families.

 

Sec. 12.  [260.696] AFRICAN AMERICAN CHILD WELL-BEING UNIT.

 

Subdivision 1.  Duties.  The African American Child Well-Being Unit, established by the commissioner, shall perform the following functions:

 

(1) assist with the development of African American cultural competency training and review child welfare curriculum in the Minnesota Child Welfare Training Academy to ensure that responsible social services agency staff and other child welfare professionals are appropriately prepared to engage with African American families and to support family preservation and reunification;

 

(2) provide technical assistance, including on-site technical assistance, and case consultation to responsible social services agencies to assist agencies with implementing and complying with this act;

 

(3) monitor the number and placement settings of African American children in out-of-home placement statewide to identify trends and develop strategies to address disproportionality in the child welfare system at the state and county levels;

 

(4) develop and implement a system for conducting case reviews when the commissioner receives reports of noncompliance with this act or when requested by the parent or custodian of an African American child.  Case reviews may include but are not limited to a review of placement prevention efforts, safety planning, case planning and service provision by the responsible social services agency, relative placement consideration, and permanency planning;

 

(5) establish and administer a request for proposals process for African American and disproportionately represented family preservation grants under section 260.697, monitor grant activities, and provide technical assistance to grantees;

 

(6) coordinate services and create internal and external partnerships to support adequate access to services and resources for African American children and families, including but not limited to housing assistance, employment assistance, food and nutrition support, health care, child care assistance, and educational support and training, in consultation with the African American Child Well-Being Advisory Council; and

 

(7) develop public messaging and communication to inform the general public in Minnesota about racial disparities in child welfare outcomes, current efforts and strategies to reduce racial disparities, and resources available to African American children and families involved in the child welfare system.


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Subd. 2.  Reports.  The African American Child Well-Being Unit shall provide regular updates on unit activities, including summary reports of case reviews, to the African American Child Well-Being Advisory Council and shall publish an annual census of African American children in out-of-home placements statewide.  The annual census shall include data on the types of placements, age and sex of the children, how long the children have been in out-of-home placements, and other relevant demographic information."

 

Page 20, line 3, reinstate the stricken language and strike "48" and insert "24"

 

Page 20, line 4, reinstate the stricken language

 

Renumber the clauses in sequence

 

Page 21, line 1, after "shall" insert "consult with the African American Child Well-Being Advisory Council to"

 

Page 21, line 11, delete everything after "provided" and insert "by an individual or organization that serves African American and disproportionately represented communities or has experience and knowledge about African American and disproportionately represented communities' social and cultural norms and historical trauma;"

 

Page 21, delete lines 12 to 14

 

Page 21, line 22, after "commissioner" insert ", in coordination with the African American Child Well-Being Advisory Council,"

 

Page 21, line 26, after "shall" insert "work with the African American Child Well-Being Advisory Council to"

 

Page 22, after line 27, insert:

 

"Sec. 21.  SEVERABILITY.

 

The provisions in this act are severable.  If any part or provision of the sections of this act, or the application of any section to any person, entity, or circumstance, is held invalid or unconstitutional, the remainder, including the application of the part or provision to other persons, entities, or circumstances, shall not be affected by the holding and shall continue to have force and effect."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 3, after the first semicolon, insert "establishing the African American Child Well-Being Advisory Council;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 8, H. F. No. 912 was re‑referred to the Committee on Rules and Legislative Administration.


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Long from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 2609, A bill for an act relating to public safety; requiring a report on gun trafficking investigations and firearm seizures by the Bureau of Criminal Apprehension and Violent Crime Enforcement Teams; amending the definition of trigger activator; increasing penalties for transferring firearms to certain persons who are ineligible to possess firearms; amending Minnesota Statutes 2022, section 624.7141; Minnesota Statutes 2023 Supplement, sections 299A.642, subdivision 15; 609.67, subdivision 1.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Long from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3499, A bill for an act relating to railroads; providing for railroad safety, including modifying minimum insurance requirements and establishing a maximum train length; providing for penalties; amending Minnesota Statutes 2022, section 221.0255, subdivision 4, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 219.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Transportation Finance and Policy.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Pinto from the Committee on Children and Families Finance and Policy to which was referred:

 

H. F. No. 3689, A bill for an act relating to child protection; adding a requirement for an out-of-home placement plan summary; amending Minnesota Statutes 2022, section 260C.212, subdivision 1.

 

Reported the same back with the following amendments:

 

Page 6, line 17, before the period, insert "using a form developed by the commissioner"

 

Page 6, line 18, delete "list" and insert "summarize" and after the first "and" insert "list"

 

Page 6, line 21, delete everything after the period

 

Page 6, delete lines 22 and 23

 

Page 6, after line 34, insert:

 

"EFFECTIVE DATE.  This section is effective March 1, 2025."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 8, H. F. No. 3689 was re‑referred to the Committee on Rules and Legislative Administration.


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13135

Long from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 3757, A bill for an act relating to public safety; establishing a felony offense for reporting a fictitious emergency and directing the emergency response to the home of certain individuals; making a conforming change; amending Minnesota Statutes 2022, section 609.78, subdivision 3, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 4461, A bill for an act relating to commerce; requiring a license to sell copper metal; amending Minnesota Statutes 2022, section 325E.21, by adding a subdivision; Minnesota Statutes 2023 Supplement, section 325E.21, subdivision 1b.

 

Reported the same back with the following amendments:

 

Page 3, lines 11, 12, and 32, delete "purchase or"

 

Page 3, line 15, delete "purchaser or"

 

Page 3, line 19, delete "for applicants who intend to sell scrap metal copper,"

 

Page 3, line 22, delete "$......." and insert "$250."

 

Page 3, line 31, delete "electrical" and delete "section 326B.33" and insert "chapter 326B or issued a Section 608 Technician Certification"

 

Page 4, line 3, delete "$......." and insert "$250"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 8, H. F. No. 4461 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Long from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 4537, A bill for an act relating to human services; the Department of Human Services Office of Inspector General executive bill on children's licensing issues; amending Minnesota Statutes 2022, sections 245A.04, subdivision 10, by adding a subdivision; 245A.09, subdivision 7; 245A.14, subdivision 17; 245A.16, by adding a subdivision; 245A.52, subdivision 2; 245A.66, subdivision 2; 245C.08, subdivision 4; 245E.08; 245H.01, by adding subdivisions; 245H.08, subdivision 1; 245H.14, subdivisions 1, 4; 260E.30, subdivision 3; Minnesota Statutes 2023 Supplement, sections 13.46, subdivision 4; 245A.02, subdivision 2c; 245A.16, subdivision 11;


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13136

245C.02, subdivision 6a; 245C.033, subdivision 3; 245C.10, subdivision 15; 245H.06, subdivisions 1, 2; 245H.08, subdivisions 4, 5; proposing coding for new law in Minnesota Statutes, chapter 245H; repealing Minnesota Rules, part 9545.0805, subpart 1.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Long from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 4713, A bill for an act relating to occupational health and safety; requiring the commissioner of labor and industry to adopt rules related to acceptable blood lead levels for workers.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health Finance and Policy.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Long from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 4746, A bill for an act relating to labor; regulating transportation network companies; providing a civil cause of action; imposing criminal penalties; amending Minnesota Statutes 2022, section 65B.472; proposing coding for new law as Minnesota Statutes, chapter 181C.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Labor and Industry Finance and Policy.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Liebling from the Committee on Health Finance and Policy to which was referred:

 

H. F. No. 4757, A bill for an act relating to cannabis; transferring enforcement of edible cannabinoid products to the Office of Cannabis Management; clarifying workplace testing for cannabis; making technical changes related to the taxation of cannabis and related products; replacing medical cannabis licenses with endorsements; establishing a petition process to designate cannabinoids as nonintoxicating or approved for use in lower-potency hemp edibles; authorizing lower-potency hemp edibles to contain certain artificially derived cannabinoids created in making delta‑9 tetrahydrocannabinol; allowing testing of certain hemp products to be performed by labs meeting accreditation standards regardless of licensing status; authorizing patients enrolled in the registry program to obtain cannabis flower from registered designated caregivers; authorizing registered designated caregivers to cultivate cannabis plants on behalf of patients enrolled in the registry program; authorizing the Office of Cannabis


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13137

Management to recall certain cannabis and related products; transferring the duties of the medical cannabis program to the Office of Cannabis Management on July 1, 2025; authorizing the appointment of deputy directors; clarifying the process for transfer of certain licenses; providing for license preapproval; removing the requirement that local governments perform certain inspections; removing the requirement that license applications be scored based on identified criteria and requiring that license applications be assessed based on certain minimum criteria; requiring employees of cannabis businesses to meet certain background check requirements; establishing social equity licenses; limiting the number of certain licenses that can be made available in an application period; providing for the conversion of a registration to sell certain hemp-derived products into a hemp business license; providing for a cannabis research license classification; authorizing the Office of Cannabis Management to adjust limits on cultivation area; permitting certain businesses to transport cannabis and related products between facilities operated by the business; replacing the prohibition on certain sales of lower-potency hemp products with a prohibition on selling to an obviously intoxicated person; providing for enforcement of unlicensed businesses engaging in activities that require a license; making technical and conforming changes; amending Minnesota Statutes 2022, sections 17.133, subdivision 1; 152.22, subdivision 14; 152.27, subdivisions 2, 6, by adding a subdivision; 181.950, subdivision 10; 181.952, as amended; Minnesota Statutes 2023 Supplement, sections 3.9224, subdivision 1; 151.72, subdivisions 1, 2, 3, 4, 5a, 5b, 6, 7; 181.951, subdivisions 4, 5, 8; 181.954, subdivision 1; 342.01, subdivisions 14, 17, 19, 48, 50, 52, 54, 63, 64, 65, 66, by adding subdivisions; 342.02, subdivisions 2, 3, 6; 342.03, subdivision 1; 342.06; 342.07, subdivision 3; 342.09, subdivision 3; 342.10; 342.11; 342.12; 342.13; 342.14; 342.15, by adding a subdivision; 342.17; 342.18, subdivisions 2, 3, by adding subdivisions; 342.19, by adding a subdivision; 342.22; 342.24, subdivisions 1, 2; 342.28, subdivision 2, by adding subdivisions; 342.29, subdivision 4, by adding a subdivision; 342.30, subdivision 4; 342.31, subdivision 4; 342.32, subdivision 4; 342.35, subdivision 1; 342.37, subdivision 1; 342.40, subdivision 7; 342.41, subdivision 3; 342.46, subdivision 8; 342.51; 342.515, subdivision 1, by adding a subdivision; 342.52, subdivisions 1, 2, 3, 4, 5, 9, 11; 342.53; 342.54; 342.55, subdivisions 1, 2; 342.56, subdivisions 1, 2; 342.57, subdivisions 1, 2, 4; 342.60; 342.61, subdivisions 1, 4, 5; 342.62, by adding a subdivision; 342.63, subdivisions 2, 3, 6; 342.64, subdivision 1; 342.73, subdivision 4; 342.80; Laws 2023, chapter 63, article 1, sections 2; 51; 52; 53; 54; 55; 56; 57; 58; 59; 61; article 6, section 73; proposing coding for new law in Minnesota Statutes, chapter 342; repealing Minnesota Statutes 2023 Supplement, sections 342.01, subdivision 28; 342.18, subdivision 1; 342.27, subdivision 13; 342.29, subdivision 9; 342.47; 342.48; 342.49; 342.50; Laws 2023, chapter 63, article 7, sections 4; 6.

 

Reported the same back with the following amendments:

 

Page 13, delete section 11 and insert:

 

"Sec. 11.  Minnesota Statutes 2022, section 152.22, subdivision 11, is amended to read:

 

Subd. 11.  Registered designated caregiver.  "Registered designated caregiver" means a person who:

 

(1) is at least 18 years old;

 

(2) does not have a conviction for a disqualifying felony offense;

 

(3) (2) has been approved by the commissioner office to assist a patient who requires assistance in administering medical cannabis or obtaining medical cannabis from a distribution facility; and

 

(4) (3) is authorized by the commissioner office to assist the patient with the use of medical cannabis.

 

EFFECTIVE DATE.  This section is effective July 1, 2024.


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13138

Sec. 12.  Minnesota Statutes 2022, section 152.22, subdivision 14, is amended to read:

 

Subd. 14.  Qualifying medical condition.  "Qualifying medical condition" means a diagnosis of any of the following conditions:

 

(1) Alzheimer's disease;

 

(2) autism spectrum disorder that meets the requirements of the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association;

 

(1) (3) cancer, if the underlying condition or treatment produces one or more of the following:

 

(i) severe or chronic pain;

 

(ii) nausea or severe vomiting; or

 

(iii) cachexia or severe wasting;

 

(4) chronic motor or vocal tic disorder;

 

(5) chronic pain;

 

(2) (6) glaucoma;

 

(3) (7) human immunodeficiency virus or acquired immune deficiency syndrome;

 

(8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c);

 

(9) obstructive sleep apnea;

 

(10) post-traumatic stress disorder;

 

(4) (11) Tourette's syndrome;

 

(5) (12) amyotrophic lateral sclerosis;

 

(6) (13) seizures, including those characteristic of epilepsy;

 

(7) (14) severe and persistent muscle spasms, including those characteristic of multiple sclerosis;

 

(8) (15) inflammatory bowel disease, including Crohn's disease;

 

(16) irritable bowel syndrome;

 

(17) obsessive-compulsive disorder;

 

(18) sickle cell disease;


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13139

(9) (19) terminal illness, with a probable life expectancy of under one year, if the illness or its treatment produces one or more of the following:

 

(i) severe or chronic pain;

 

(ii) nausea or severe vomiting; or

 

(iii) cachexia or severe wasting; or

 

(10) (20) any other medical condition or its treatment approved by the commissioner.  that is:

 

(i) approved by a patient's health care practitioner; or

 

(ii) if the patient is a veteran receiving care from the United States Department of Veterans Affairs, certified under section 152.27, subdivision 3a.

 

EFFECTIVE DATE.  This section is effective July 1, 2024.

 

Sec. 13.  Minnesota Statutes 2022, section 152.22, is amended by adding a subdivision to read:

 

Subd. 19.  Veteran.  "Veteran" means an individual who satisfies the requirements in section 197.447 and is receiving care from the United States Department of Veterans Affairs.

 

EFFECTIVE DATE.  This section is effective July 1, 2024.

 

Sec. 14.  Minnesota Statutes 2022, section 152.25, subdivision 2, is amended to read:

 

Subd. 2.  Range of compounds and dosages; report.  The commissioner office shall review and publicly report the existing medical and scientific literature regarding the range of recommended dosages for each qualifying condition and the range of chemical compositions of any plant of the genus cannabis that will likely be medically beneficial for each of the qualifying medical conditions.  The commissioner office shall make this information available to patients with qualifying medical conditions beginning December 1, 2014, and update the information annually every three years.  The commissioner office may consult with the independent laboratory under contract with the manufacturer or other experts in reporting the range of recommended dosages for each qualifying medical condition, the range of chemical compositions that will likely be medically beneficial, and any risks of noncannabis drug interactions.  The commissioner office shall consult with each manufacturer on an annual basis on medical cannabis offered by the manufacturer.  The list of medical cannabis offered by a manufacturer shall be published on the Department of Health Office of Cannabis Management website.

 

EFFECTIVE DATE.  This section is effective July 1, 2024.

 

Sec. 15.  Minnesota Statutes 2022, section 152.27, subdivision 1, is amended to read:

 

Subdivision 1.  Patient registry program; establishment.  (a) The commissioner office shall establish a patient registry program to evaluate data on patient demographics, effective treatment options, clinical outcomes, and quality-of-life outcomes for the purpose of reporting on the benefits, risks, and outcomes regarding patients with a qualifying medical condition engaged in the therapeutic use of medical cannabis.

 

(b) The establishment of the registry program shall not be construed or interpreted to condone or promote the illicit recreational use of marijuana.

 

EFFECTIVE DATE.  This section is effective July 1, 2024."


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13140

Page 14, line 8, strike "Commissioner" and insert "Office" and strike "commissioner" and insert "office"

 

Page 14, line 19, strike everything after "condition"

 

Page 14, strike lines 20 and 21

 

Page 14, line 22, strike everything before the semicolon

 

Page 15, lines 1, 4, 12, 14, 17, and 19, strike "commissioner" and insert "office"

 

Page 15, line 6, strike "task force on medical cannabis"

 

Page 15, line 7, strike "therapeutic research" and insert "Cannabis Advisory Council under section 342.03"

 

Page 15, line 18, strike "task force on medical cannabis research" and insert "Cannabis Advisory Council under section 342.03"

 

Page 15, after line 21, insert:

 

"Sec. 17.  Minnesota Statutes 2022, section 152.27, subdivision 3, is amended to read:

 

Subd. 3.  Patient application.  (a) The commissioner office shall develop a patient application for enrollment into the registry program.  The application shall be available to the patient and given to health care practitioners in the state who are eligible to serve as health care practitioners.  The application must include:

 

(1) the name, mailing address, and date of birth of the patient;

 

(2) the name, mailing address, and telephone number of the patient's health care practitioner;

 

(3) the name, mailing address, and date of birth of the patient's designated caregiver, if any, or the patient's parent, legal guardian, or spouse if the parent, legal guardian, or spouse will be acting as a caregiver;

 

(4) a copy of the certification from the patient's health care practitioner that is dated within 90 days prior to submitting the application that certifies that the patient has been diagnosed with a qualifying medical condition; and

 

(5) all other signed affidavits and enrollment forms required by the commissioner office under sections 152.22 to 152.37, including, but not limited to, the disclosure form required under paragraph (c) (b).

 

(b) The commissioner shall require a patient to resubmit a copy of the certification from the patient's health care practitioner on a yearly basis and shall require that the recertification be dated within 90 days of submission.

 

(c) (b) The commissioner office shall develop a disclosure form and require, as a condition of enrollment, all patients to sign a copy of the disclosure.  The disclosure must include:

 

(1) a statement that, notwithstanding any law to the contrary, the commissioner office, or an employee of any state agency, may not be held civilly or criminally liable for any injury, loss of property, personal injury, or death caused by any act or omission while acting within the scope of office or employment under sections 152.22 to 152.37; and

 

(2) the patient's acknowledgment that enrollment in the patient registry program is conditional on the patient's agreement to meet all of the requirements of sections 152.22 to 152.37.

 

EFFECTIVE DATE.  This section is effective July 1, 2024."


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13141

Page 15, lines 25 and 30, delete "commissioner" and insert "office"

 

Page 15, after line 33, insert:

 

"Sec. 19.  Minnesota Statutes 2022, section 152.27, subdivision 4, is amended to read:

 

Subd. 4.  Registered designated caregiver.  (a) The commissioner office shall register a designated caregiver for a patient if the patient requires assistance in administering medical cannabis or obtaining medical cannabis from a distribution facility and the caregiver has agreed, in writing, to be the patient's designated caregiver.  As a condition of registration as a designated caregiver, the commissioner shall require the person to:

 

(1) be at least 18 years of age;

 

(2) agree to only possess the patient's medical cannabis for purposes of assisting the patient; and

 

(3) agree that if the application is approved, the person will not be a registered designated caregiver for more than six registered patients at one time.  Patients who reside in the same residence shall count as one patient.

 

(b) The commissioner shall conduct a criminal background check on the designated caregiver prior to registration to ensure that the person does not have a conviction for a disqualifying felony offense.  Any cost of the background check shall be paid by the person seeking registration as a designated caregiver.  A designated caregiver must have the criminal background check renewed every two years.

 

(c) (b) Nothing in sections 152.22 to 152.37 shall be construed to prevent a person registered as a designated caregiver from also being enrolled in the registry program as a patient and possessing and using medical cannabis as a patient.

 

EFFECTIVE DATE.  This section is effective July 1, 2024."

 

Page 16, lines 3, 5, 16, 21, and 28, strike "commissioner" and insert "office"

 

Page 16, line 7, strike "commissioner" and insert "office" and strike everything after "application"

 

Page 16, strike line 8

 

Page 16, line 9, strike "fees until January 1, 2016"

 

Page 17, after line 4, insert:

 

"Sec. 21.  Minnesota Statutes 2023 Supplement, section 152.28, subdivision 1, is amended to read:

 

Subdivision 1.  Health care practitioner duties.  (a) Prior to a patient's enrollment in the registry program, a health care practitioner shall:

 

(1) determine, in the health care practitioner's medical judgment, whether a patient suffers from a qualifying medical condition, and, if so determined, provide the patient with a certification of that diagnosis;

 

(2) advise patients, registered designated caregivers, and parents, legal guardians, or spouses who are acting as caregivers of the existence of any nonprofit patient support groups or organizations;


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13142

(3) provide explanatory information from the commissioner to patients with qualifying medical conditions, including disclosure to all patients about the experimental nature of therapeutic use of medical cannabis; the possible risks, benefits, and side effects of the proposed treatment; the application and other materials from the commissioner; and provide patients with the Tennessen warning as required by section 13.04, subdivision 2; and

 

(4) agree to continue treatment of the patient's qualifying medical condition and report medical findings to the commissioner.

 

(b) Upon notification from the commissioner of the patient's enrollment in the registry program, the health care practitioner shall:

 

(1) participate in the patient registry reporting system under the guidance and supervision of the commissioner;

 

(2) report health records of the patient throughout the ongoing treatment of the patient to the commissioner in a manner determined by the commissioner and in accordance with subdivision 2;

 

(3) determine, on a yearly basis every three years, if the patient continues to suffer from a qualifying medical condition and, if so, issue the patient a new certification of that diagnosis; and

 

(4) otherwise comply with all requirements developed by the commissioner.

 

(c) A health care practitioner may utilize telehealth, as defined in section 62A.673, subdivision 2, for certifications and recertifications.

 

(d) Nothing in this section requires a health care practitioner to participate in the registry program.

 

EFFECTIVE DATE.  This section is effective July 1, 2024.

 

Sec. 22.  Minnesota Statutes 2022, section 152.28, subdivision 2, is amended to read:

 

Subd. 2.  Data.  Data collected on patients by a health care practitioner and reported to the patient registry, including data on patients who are veterans who receive care from the United States Department of Veterans Affairs, are health records under section 144.291, and are private data on individuals under section 13.02, but may be used or reported in an aggregated, nonidentifiable form as part of a scientific, peer-reviewed publication of research conducted under section 152.25 or in the creation of summary data, as defined in section 13.02, subdivision 19.

 

EFFECTIVE DATE.  This section is effective July 1, 2024.

 

Sec. 23.  Minnesota Statutes 2022, section 152.29, subdivision 3, is amended to read:

 

Subd. 3.  Manufacturer; distribution.  (a) A manufacturer shall require that employees licensed as pharmacists pursuant to chapter 151 be the only employees to give final approval for the distribution of medical cannabis to a patient.  A manufacturer may transport medical cannabis or medical cannabis products that have been cultivated, harvested, manufactured, packaged, and processed by that manufacturer to another registered manufacturer for the other manufacturer to distribute.

 

(b) A manufacturer may distribute medical cannabis products, whether or not the products have been manufactured by that anufacturer.


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13143

(c) Prior to distribution of any medical cannabis, the manufacturer shall:

 

(1) verify that the manufacturer has received the registry verification from the commissioner office for that individual patient;

 

(2) verify that the person requesting the distribution of medical cannabis is the patient, the patient's registered designated caregiver, or the patient's parent, legal guardian, or spouse listed in the registry verification using the procedures described in section 152.11, subdivision 2d;

 

(3) assign a tracking number to any medical cannabis distributed from the manufacturer;

 

(4) ensure that any employee of the manufacturer licensed as a pharmacist pursuant to chapter 151 has consulted with the patient to determine the proper dosage for the individual patient after reviewing the ranges of chemical compositions of the medical cannabis and the ranges of proper dosages reported by the commissioner office.  For purposes of this clause, a consultation may be conducted remotely by secure videoconference, telephone, or other remote means, so long as the employee providing the consultation is able to confirm the identity of the patient and the consultation adheres to patient privacy requirements that apply to health care services delivered through telehealth.  A pharmacist consultation under this clause is not required when a manufacturer is distributing medical cannabis to a patient according to a patient-specific dosage plan established with that manufacturer and is not modifying the dosage or product being distributed under that plan and the medical cannabis is distributed by a pharmacy technician; only required:

 

(i) if the patient is purchasing the medical cannabis flower or medical cannabinoid product for the first time;

 

(ii) if the patient purchases medical cannabis flower or a medical cannabinoid product that the patient must administer using a different method than the patient's previous method of administration;

 

(iii) if the patient purchases medical cannabis flower or a medical cannabinoid product with a cannabinoid concentration of at least double the patient's prior dosage; or

 

(iv) upon the request of the patient; and

 

(5) properly package medical cannabis in compliance with the United States Poison Prevention Packing Act regarding child-resistant packaging and exemptions for packaging for elderly patients, and label distributed medical cannabis with a list of all active ingredients and individually identifying information, including:

 

(i) the patient's name and date of birth;

 

(ii) the name and date of birth of the patient's registered designated caregiver or, if listed on the registry verification, the name of the patient's parent or legal guardian, if applicable;

 

(iii) the patient's registry identification number;

 

(iv) the chemical composition of the medical cannabis; and

 

(v) the dosage; and

 

(6) ensure that the medical cannabis distributed contains a maximum of a 90-day supply of the dosage determined for that patient.


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(d) A manufacturer shall require any employee of the manufacturer who is transporting medical cannabis or medical cannabis products to a distribution facility or to another registered manufacturer to carry identification showing that the person is an employee of the manufacturer.

 

(e) A manufacturer shall distribute medical cannabis in dried raw cannabis form only to a patient age 21 or older, or to the registered designated caregiver, parent, legal guardian, or spouse of a patient age 21 or older.

 

EFFECTIVE DATE.  This section is effective July 1, 2024.

 

Sec. 24.  Minnesota Statutes 2023 Supplement, section 152.30, is amended to read:

 

152.30 PATIENT DUTIES.

 

(a) A patient shall apply to the commissioner office for enrollment in the registry program by submitting an application as required in section 152.27 and an annual registration fee as determined under section 152.35.

 

(b) As a condition of continued enrollment, patients shall agree to:

 

(1) continue to receive regularly scheduled treatment for their qualifying medical condition from their health care practitioner; and

 

(2) report changes in their qualifying medical condition to their health care practitioner.

 

(c) A patient shall only receive medical cannabis from a registered manufacturer or Tribal medical cannabis program but is not required to receive medical cannabis products from only a registered manufacturer or Tribal medical cannabis program.

 

EFFECTIVE DATE.  This section is effective July 1, 2024."

 

Page 23, line 12, strike "medical cannabis retailer" and insert "cannabis business with a medical cannabis retail endorsement"

 

Page 24, line 2, strike "medical cannabis business" and insert "cannabis business with a medical cannabis retail endorsement"

 

Page 29, line 24, delete "2025" and insert "2024"

 

Page 40, line 6, delete "11" and insert "25"

 

Page 40, line 12, delete "25;" and insert "50; and"

 

Page 40, delete line 13

 

Page 40, line 14, delete "(10)" and insert "(9)"

 

Page 40, line 15, delete "preapproval is" and insert "the office adopts initial rules pursuant to section 342.02, subdivision 5,"

 

Page 40, line 16, delete "granted"

 

Page 49, line 28, delete ", by rule,"


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Page 49, line 32, delete "The office must" and insert "For purposes of making a determination under this subdivision, and notwithstanding the data's classification under chapter 13, the office may access civil investigatory data about an applicant maintained by any other government entity."

 

Page 49, delete line 33

 

Page 50, delete lines 1 to 3

 

Page 53, line 6, delete "by rule"

 

Page 54, lines 12 and 18, delete "22" and insert "50"

 

Page 72, line 28, after the period, insert "Notwithstanding any law to the contrary, issuance of a medical cannabis combination business license to a medical cannabis manufacturer registered pursuant to section 152.25 cancels the medical cannabis manufacturer registration."

 

Page 81, line 5, strike "of each year" and insert "every three years"

 

Page 81, line 29, delete "2025" and insert "2024"

 

Page 82, line 25, strike "on a yearly basis" and insert ", every three years,"

 

Page 82, line 31, delete "2025" and insert "2024"

 

Page 97, after line 15, insert:

 

"Sec. 124.  Laws 2023, chapter 63, article 6, section 10, the effective date, is amended to read:

 

EFFECTIVE DATE.  This section is effective March July 1, 2025 2024."

 

Page 97, line 18, delete "July" and insert "December"

 

Page 99, after line 12, insert:

 

"(c) The director of the Office of Cannabis Management may use the good cause exempt rulemaking process under Minnesota Statutes, section 14.388, subdivision 1, clauses (3) and (4), to copy and adopt any portions of Minnesota Rules, parts 4770.0100 to 4770.4030, that are necessary to effectuate the transfer of authority granted under Minnesota Statutes, section 342.02, subdivision 3.  The commissioner may make technical changes and any changes necessary to conform with the transfer of authority.  Any change to the rules that is not authorized under this paragraph must be adopted according to Minnesota Statutes, sections 14.001 to 14.366.

 

(d) Unless otherwise specified in this section or Minnesota Statutes, section 342.02, subdivision 3, transfer of the powers, duties, rights, obligations, and other authority imposed by law on the Department of Health with respect to the medical cannabis program under Minnesota Statutes 2022, sections 152.22 to 152.37, to the Office of Cannabis Management is subject to Minnesota Statutes, section 15.039."

 

Page 99, delete section 118 and insert:

 

"Sec. 129.  REPEALER.

 

(a) Minnesota Statutes 2022, sections 152.22, subdivision 3; and 152.36, are repealed.


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13146

(b) Minnesota Statutes 2023 Supplement, sections 342.01, subdivision 28; 342.18, subdivision 1; 342.27, subdivision 13; and 342.29, subdivision 9, are repealed.

 

(c) Minnesota Statutes 2023 Supplement, sections 342.47; 342.48; 342.49; and 342.50, are repealed.

 

(d) Laws 2023, chapter 63, article 7, sections 4; and 6, are repealed.

 

EFFECTIVE DATE.  Paragraphs (a), (b), and (d) are effective the day following final enactment.  Paragraph (c) is effective July 1, 2025."

 

Renumber the sections in sequence

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Long from the Committee on Rules and Legislative Administration to which was referred:

 

H. F. No. 4818, A bill for an act relating to Metropolitan Airports Commission; requiring health and welfare benefits; imposing penalties; proposing coding for new law in Minnesota Statutes, chapter 473.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

Joint Rule 2.03 has been waived for any subsequent committee action on this bill.

 

      The report was adopted.

 

 

Hansen, R., from the Committee on Environment and Natural Resources Finance and Policy to which was referred:

 

H. F. No. 4822, A bill for an act relating to taxation; property; modifying distribution of excess proceeds from sales of tax-forfeited property; appropriating money; amending Minnesota Statutes 2022, sections 281.23, subdivision 2; 282.01, by adding subdivisions; 282.08.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2022, section 281.23, subdivision 2, is amended to read:

 

Subd. 2.  Form.  The notice of expiration of redemption must contain the tax parcel identification numbers and legal descriptions of parcels subject to notice of expiration of redemption provisions prescribed under subdivision 1.  The notice must also indicate the names of taxpayers and fee owners of record in the office of the county auditor at the time the notice is prepared and names of those parties who have filed their addresses according to section


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276.041 and the amount of payment necessary to redeem as of the date of the notice.  At the option of the county auditor, the current filed addresses of affected persons may be included on the notice.  The notice is sufficient if substantially in the following form:

 

"NOTICE OF EXPIRATION OF REDEMPTION

 

Office of the County Auditor

 

County of ......................., State of Minnesota.

 

To all persons having an interest in lands described in this notice:

 

You are notified that the parcels of land described in this notice and located in the county of ................................, state of Minnesota, are subject to forfeiture to the state of Minnesota because of nonpayment of delinquent property taxes, special assessments, penalties, interest, and costs levied on those parcels.  The time for redemption from forfeiture expires if a redemption is not made by the later of (1) 60 days after service of this notice on all persons having an interest in the lands of record at the office of the county recorder or registrar of titles, or (2) by the second Monday in May.  The redemption must be made in my office.

 

IMPORTANT:  If the parcels forfeit, they will be sold.  If the proceeds from the sale exceed the total amount of the delinquent taxes, special assessments, penalties, interest, and costs levied on those parcels, you may be entitled to the excess proceeds from the sale.  If there are excess proceeds, you will be notified and must submit the claim form included with the notification in order to receive the proceeds.

 

Names (and Current Filed Addresses) for the Taxpayers and Fee Owners and Those Parties Who Have Filed Their Addresses Pursuant to section 276.041

 

 

 

 

 

 

 

Legal Description

 

 

 

 

 

 

 

Tax Parcel Number

 

 

 

 

 

 

Amount Necessary to Redeem as of Date of Notice

 

...............................................                 ...............................                 .......................                 .......................................

...............................................                 ...............................                 .......................                 .......................................

 

FAILURE TO REDEEM THE LANDS PRIOR TO THE EXPIRATION

OF REDEMPTION WILL RESULT IN THE LOSS OF THE LAND AND

FORFEITURE TO THE STATE OF MINNESOTA.

 

Inquiries as to these proceedings can be made to the County Auditor for ...............  County, whose address is set forth below.

 

Witness my hand and official seal this ............................  day of ................, .......

 

                                                                                                        .......................................................................................

                                                                                                        County Auditor                                                           

        (OFFICIAL SEAL)                                                                                                                                                    

                                                                                                        .......................................................................................

                                                                                                        (Address)                                                                     

                                                                                                        .......................................................................................

                                                                                                        (Telephone)."                                                              


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13148

The notice must be posted by the auditor in the auditor's office, subject to public inspection, and must remain so posted until at least one week after the date of the last publication of notice, as provided in this section.  Proof of posting must be made by the certificate of the auditor, filed in the auditor's office.

 

Sec. 2.  [282.005] TAX-FORFEITED LAND; INITIAL SALE.

 

Subdivision 1.  Public auction required.  Prior to managing tax-forfeited lands as otherwise provided in this chapter, a county must first offer tax-forfeited parcels for sale pursuant to this section, except for any interests in iron-bearing stockpiles, minerals, or mineral interests, which must be disposed of as provided under subdivision 8.  If a property cannot be sold under this section for more than the minimum bid, the sale may be canceled and the parcels disposed of as otherwise provided in this chapter.

 

Subd. 2.  Definitions.  For the purposes of this section, the following terms have the meanings given:

 

(1) "interested party" means the owner of the property or any other party who has filed their name according to section 276.041;

 

(2) "mineral interest" means an interest in any minerals, including but not limited to iron, gas, coal, oil, copper, gold, or other valuable minerals; and

 

(3) "minimum bid" means the sum of delinquent taxes, special assessments, penalties, interests, and costs levied on the parcel.

 

Subd. 3.  Redemption.  Prior to the public sale required under this section, an interested party may redeem the property by payment of the sum of all delinquent taxes and assessments computed under section 282.251, together with penalties, interest, and costs, that accrued or would have accrued if the parcel of land had not forfeited.  A property redeemed under this subdivision is no longer subject to the requirements of this section.  All rights and interests of all interested parties remain unaffected if a property is redeemed under this subdivision.

 

Subd. 4.  Public auction.  (a) The county auditor must sell the property at a public auction to the highest bidder in a manner reasonably calculated to facilitate public participation, including by online auction.  The sale must occur within six months of either the filing of the certificate of the expiration of redemption pursuant to section 281.23, subdivision 9, or the date the property is vacated by the occupant, whichever is later.  Notice of the sale must be provided by website publication at least 30 days before the commencement of the sale.

 

(b) At auction, the county auditor must calculate the minimum bid and make the figure available to those participating in the auction.  If no buyer is willing to pay the minimum bid, the sale may be canceled and the parcels disposed of as otherwise provided in this chapter.

 

Subd. 5.  Sale proceeds.  The auction proceeds must be collected by the county auditor and apportioned pursuant to section 282.08, paragraph (b).  Any balance remaining under section 282.08, paragraph (b), clause (3), must be retained by the county and made available for claims under subdivision 6.

 

Subd. 6.  Claims for surplus proceeds.  (a) If a sale under this section results in a surplus, within 60 days of the sale, the county auditor must notify interested parties, in a manner described in subdivision 7, of the surplus by sending notice of the surplus and a claim form to the interested parties.  The notice must indicate that the sale of the property resulted in a surplus, the amount of the surplus, that parties with an interest in the property are entitled to the surplus amount, and that interested parties have an obligation to submit a claim for the surplus.  Interested parties are entitled to make a claim for surplus proceeds under this subdivision if they file a claim within six months from the date the notice is first mailed to the interested parties, unless a county extends the claim period under paragraph (b), in which case interested parties may make a claim for surplus proceeds within the extended period set by the county.


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(b) A county may extend beyond six months the period of time in which a claim for surplus proceeds under this subdivision may be submitted.  If a county chooses to extend the period, interested parties must be notified of the extension in the same manner for which notice of the surplus is provided under paragraph (a).

 

(c) Unless disputed by the county auditor, if a single claim is filed, the county auditor must pay the surplus to the interested party filing the claim.  A county must not pay any claimant until after the period of time in which to file a claim has expired.

 

(d) If there are multiple claims for a given property, payments under this subdivision must be divided among the claimants according to each claimant's ownership interest in proportion to the ownership interest of all claimants.  If the county auditor disputes a claim, or if there is a dispute as to how to divide the surplus among multiple claimants, the county auditor may deposit the surplus funds in district court and file a petition pursuant to Rule 67 of the Minnesota Rules of Civil Procedure, asking the court to determine claimants' rights to the funds deposited.  The county auditor is entitled to recover the costs it reasonably incurs in commencing and maintaining this action from the amount of funds submitted to the court in the action.  If the court determines that no claimant is entitled to the surplus, the surplus must be returned to the county and deposited into the county's forfeited tax sale fund.

 

(e) The county and the county auditor are entitled to absolute immunity related to any claim predicated on distribution of surplus if the county auditor distributed proceeds consistent with this subdivision.

 

Subd. 7.  Manner of service.  (a) A notice provided under subdivision 6 or 8 must be served as follows:

 

(1) by certified mail to all interested parties within 60 days of the sale;

 

(2) if an interested party has not filed a claim, a second notice must be sent by certified mail to all interested parties between 90 and 120 days after the sale;

 

(3) unless the property is vacant land, within 60 days of the sale, by first class mail to the property addressed to the attention of the occupants of the property; and

 

(4) within 60 days of the sale, by publishing a list of property sales with surplus with unexpired claims periods to the county's website.

 

(b) In addition, solely at the discretion of the county, the summons may be published in the county's designated newspaper for publication of required public notices.

 

Subd. 8.  Claims for mineral interests; payments; appropriation.  (a) Upon forfeiture, any iron-bearing stockpiles, minerals, and mineral interests shall be sold to the state for $50.  The county auditor must notify interested parties within 60 days of the sale by sending notice and a claim form.  Notice must be provided in a manner described in subdivision 7.  An interested party may submit a claim alleging that the value of the iron‑bearing stockpiles, minerals, or mineral interests in the property exceeds $50.  Claims must be submitted within six months from the date the notice under this subdivision is first mailed to the interested parties, unless a county extends the claim period under paragraph (b), in which case interested parties may make a claim for surplus proceeds within the extended period set by the county.

 

(b) A county may extend beyond six months the period of time in which a claim under this subdivision may be submitted.  If a county chooses to extend the period, interested parties must be notified of the extension in the same manner for which notice is provided under paragraph (a).


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(c) If a claim is filed under this subdivision, the commissioner of natural resources must determine the value of the forfeited iron-bearing stockpiles, minerals, and mineral interests.  If the value of the iron-bearing stockpiles, minerals, and mineral interests does not exceed the minimum bid, the claimant is not entitled to any payment under this subdivision.  If the value of the iron-bearing stockpiles, minerals, and mineral interests exceeds the minimum bid, the claimant is entitled to a payment from the commissioner of natural resources equal to this excess amount.

 

(d) If there are multiple claims, payments under this subdivision must be divided among the claimants according to each claimant's ownership interest in proportion to the ownership interest of all claimants.  If the county auditor disputes a claim, or if there is a dispute as to how to divide the surplus among multiple claimants, the commissioner of natural resources must transfer the amount due to the claimants under this subdivision to the county auditor.  The county auditor must then deposit the transferred amount in district court and file a petition pursuant to Rule 67 of the Minnesota Rules of Civil Procedure, asking the court to determine claimants' rights to the funds deposited.  The county auditor is entitled to recover the costs it reasonably incurs in commencing and maintaining this action from the amount of funds submitted to the court in the action.  If the court determines that no party that filed a claim is entitled to the surplus, the payment must be returned to the commissioner of natural resources and is canceled to the general fund.

 

(e) An amount necessary to make payments under this subdivision is annually appropriated from the general fund to the commissioner of natural resources.

 

Subd. 9.  Expiration of surplus.  If a sale under this section results in a surplus and either (1) no interested party makes a claim for the proceeds within the time allowed under subdivision 6, or (2) it is determined that no claimant was entitled to the surplus proceeds, then interested parties are no longer eligible to receive payment of any surplus.  Once interested parties are no longer eligible to receive payment of any surplus, the proceeds must be returned to the county's forfeited tax sale fund.

 

Subd. 10.  Rights affected by forfeiture.  The forfeiture of the property extinguishes all liens, claims, and encumbrances other than:

 

(1) the rights of interested parties to surplus proceeds under this section;

 

(2) rights of redemption provided under federal law;

 

(3) easements and rights-of-way holders who are not interested parties; and

 

(4) benefits or burdens of any real covenants filed of record as of the date of forfeiture.

 

Subd. 11.  Property bought by the state.  Property purchased by the state pursuant to this chapter shall be held in trust for the benefit of the taxing districts.  All land becoming property of the state pursuant to this chapter shall be managed in accordance with chapters 93 and 282 and other applicable law.

 

Sec. 3.  Minnesota Statutes 2022, section 282.08, is amended to read:

 

282.08 APPORTIONMENT OF PROCEEDS TO TAXING DISTRICTS.

 

(a) The net proceeds from the sale or rental of any parcel of forfeited land, or from the sale of products from the forfeited land, must be apportioned by the county auditor to the taxing districts interested in the land, as follows:

 

(1) the portion required to pay any amounts included in the appraised value under section 282.01, subdivision 3, as representing increased value due to any public improvement made after forfeiture of the parcel to the state, but not exceeding the amount certified by the appropriate governmental authority must be apportioned to the governmental subdivision entitled to it;


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13151

(2) the portion required to pay any amount included in the appraised value under section 282.019, subdivision 5, representing increased value due to response actions taken after forfeiture of the parcel to the state, but not exceeding the amount of expenses certified by the Pollution Control Agency or the commissioner of agriculture, must be apportioned to the agency or the commissioner of agriculture and deposited in the fund from which the expenses were paid;

 

(3) the portion of the remainder required to discharge any special assessment chargeable against the parcel for drainage or other purpose whether due or deferred at the time of forfeiture, must be apportioned to the governmental subdivision entitled to it; and

 

(4) any balance must be apportioned as follows:

 

(i) The county board may annually by resolution set aside no more than 30 percent of the receipts remaining to be used for forest development on tax-forfeited land and dedicated memorial forests, to be expended under the supervision of the county board.  It must be expended only on projects improving the health and management of the forest resource.

 

(ii) The county board may annually by resolution set aside no more than 20 percent of the receipts remaining to be used for the acquisition and maintenance of county parks or recreational areas as defined in sections 398.31 to 398.36, to be expended under the supervision of the county board.

 

(iii) Any balance remaining must be apportioned as follows:  county, 40 percent; town or city, 20 percent; and school district, 40 percent, provided, however, that in unorganized territory that portion which would have accrued to the township must be administered by the county board of commissioners.

 

(b) If a property is sold pursuant to section 282.005, after sale, and apportionment pursuant to paragraph (a), clauses (1) to (3), any additional proceeds must be apportioned as follows:

 

(1) the portion required to pay the sum of all delinquent taxes and assessments not paid under paragraph (a) that accrued or would have accrued if the parcel had not forfeited to the state, together with penalties, costs, and interest at the rate fixed by law for the respective years, must be apportioned to the governmental subdivisions entitled to it;

 

(2) the portion required to pay attorney fees and costs reasonably incurred or expended in connection with the delinquency proceedings and tax sale must be apportioned to the governmental subdivision entitled to it; and

 

(3) any balance must be made available for return to an interested party making a claim under section 282.005, subdivision 6.

 

Sec. 4.  Minnesota Statutes 2022, section 282.241, subdivision 1, is amended to read:

 

Subdivision 1.  Repurchase requirements.  For properties forfeited prior to January 1, 2024, the owner at the time of forfeiture, or the owner's heirs, devisees, or representatives, or any person to whom the right to pay taxes was given by statute, mortgage, or other agreement, may repurchase any parcel of land claimed by the state to be forfeited to the state for taxes unless before the time repurchase is made the parcel is sold under installment payments, or otherwise, by the state as provided by law, or is under mineral prospecting permit or lease, or proceedings have been commenced by the state or any of its political subdivisions or by the United States to condemn the parcel of land.  The parcel of land may be repurchased for the sum of all delinquent taxes and assessments computed under section 282.251, together with penalties, interest, and costs, that accrued or would have accrued if the parcel of land had not forfeited to the state.  Except for property which was homesteaded on the date of forfeiture, repurchase is permitted during six months only from the date of forfeiture, and in any case only after the adoption of a resolution by the board of county commissioners determining that by repurchase undue hardship or


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13152

injustice resulting from the forfeiture will be corrected, or that permitting the repurchase will promote the use of the lands that will best serve the public interest.  If the county board has good cause to believe that a repurchase installment payment plan for a particular parcel is unnecessary and not in the public interest, the county board may require as a condition of repurchase that the entire repurchase price be paid at the time of repurchase.  A repurchase is subject to any easement, lease, or other encumbrance granted by the state before the repurchase, and if the land is located within a restricted area established by any county under Laws 1939, chapter 340, the repurchase must not be permitted unless the resolution approving the repurchase is adopted by the unanimous vote of the board of county commissioners.

 

The person seeking to repurchase under this section shall pay all maintenance costs incurred by the county auditor during the time the property was tax-forfeited."

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 8, H. F. No. 4822 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

 

H. F. No. 5274, A bill for an act relating to horse racing; providing for the conduct of advance deposit wagering, card playing, and pari-mutuel betting; providing definitions; making clarifying and conforming changes; amending Minnesota Statutes 2022, sections 240.01, subdivisions 1c, 5, 8, 14, by adding subdivisions; 240.30, subdivision 8.

 

Reported the same back with the following amendments:

 

Page 1, line 17, after the period, insert "A card game must include no more than seven player seats, or ten player seats in the case of poker, and one human dealer at a shared, physical table."

 

Page 2, after line 8, insert:

 

"Sec. 5.  Minnesota Statutes 2022, section 240.01, is amended by adding a subdivision to read:

 

Subd. 8a.  Historical horse racing.  "Historical horse racing" means any horse race that was previously conducted at a licensed racetrack, concluded with results, and concluded without scratches, disqualifications, or dead-heat finishes."

 

Page 2, line 12, delete "on a single horse race"

 

Page 2, line 13, delete everything after the period

 

Page 2, delete lines 14 and 15 and insert "Pari-mutuel betting shall not include betting on a race that has occurred in the past or is considered historical horse racing or where bettors are not wagering on the same live or simulcast horse race or bettors do not share in the total amount of bets taken."


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13153

Page 2, line 20, delete "A table shall not include electronic table games."

 

Page 2, after line 20, insert:

 

"Sec. 8.  [240.071] PROHIBITED ACTS.

 

A licensed racetrack shall only conduct horse racing and may be authorized to operate a card club in accordance with this chapter.  A licensed racetrack shall not conduct or provide for play any other forms of gambling, including but not limited to historical horse racing, slot machines, video games of chance, and other gambling devices.

 

Sec. 9.  [240.231] LIMITATIONS ON RULEMAKING AND OTHER AUTHORITY.

 

The commission's rulemaking and other authority, whether derived from section 240.23 or other sections in this chapter, shall only pertain to horse racing and card games at a card club as expressly authorized in this chapter and shall not include the authority to expand gambling, nor the authority to approve or regulate historical horse racing, slot machines, video games of chance, and other gambling devices, by means of rulemaking, a contested case hearing, the review and approval of a plan of operation or proposed or amended plan of operation, the approval of any proposal or request, or any other commission or agency action."

 

Page 2, line 29, after the semicolon, insert "and"

 

Page 3, delete lines 1 to 10 and insert:

 

"(4) no inclusion of any historical horse racing, or any other form of gambling that is not expressly authorized for racetracks under this chapter."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 3, after "betting;" insert "prohibiting the authorization of historical horse racing and other games;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on State and Local Government Finance and Policy.

 

      The report was adopted.

 

      Pursuant to Joint Rule 2.03 and in accordance with Senate Concurrent Resolution No. 8, H. F. No. 5274 was re‑referred to the Committee on Rules and Legislative Administration.

 

 

SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 2609, 3757, 4537, 4757 and 4818 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 3492 was read for the second time.


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13154

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

      Frederick, Feist and Quam introduced:

 

H. F. No. 5340, A bill for an act relating to claims against the state; providing for the settlement of certain claims; appropriating money.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Robbins, Tabke, Nash, Dotseth, Scott, Davis, Mekeland and Koznick introduced:

 

H. F. No. 5341, A bill for an act relating to transit; establishing a temporary moratorium on certain light rail transit expenditures.

 

The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.

 

 

Demuth and Perryman introduced:

 

H. F. No. 5342, A bill for an act relating to capital investment; appropriating money for sewer main improvements in St. Joseph; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Cha introduced:

 

H. F. No. 5343, A bill for an act relating to agriculture; appropriating money to hire a Hmong-speaking farmer outreach and engagement coordinator.

 

The bill was read for the first time and referred to the Committee on Agriculture Finance and Policy.

 

 

Nash introduced:

 

H. F. No. 5344, A bill for an act relating to higher education; providing funding to Metropolitan State University for cyber range services; appropriating money.

 

The bill was read for the first time and referred to the Committee on Higher Education Finance and Policy.

 

 

Norris introduced:

 

H. F. No. 5345, A bill for an act relating to capital investment; appropriating money for the Rice Creek Regional Trail in Anoka County; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Capital Investment.


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Sencer-Mura introduced:

 

H. F. No. 5346, A bill for an act relating to capital investment; appropriating money for Mni Sota Fund.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Hemmingsen-Jaeger introduced:

 

H. F. No. 5347, A bill for an act relating to real property; prohibiting common interest communities from charging fees for estoppel letters or certificates; amending Minnesota Statutes 2022, section 513.73, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 515B.

 

The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.

 

 

Hemmingsen-Jaeger introduced:

 

H. F. No. 5348, A bill for an act relating to commerce; creating a homeowner's association database; proposing coding for new law in Minnesota Statutes, chapter 45.

 

The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.

 

 

Virnig, Edelson, Pérez-Vega, Pinto and Clardy introduced:

 

H. F. No. 5349, A bill for an act relating to education; appropriating money for Rally to Read.

 

The bill was read for the first time and referred to the Committee on Education Finance.

 

 

Lislegard introduced:

 

H. F. No. 5350, A bill for an act relating to natural resources; facilitating carbon sequestration and oil and gas exploration and production leases on state-owned land; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2022, sections 92.50, subdivision 1; 93.25, subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapters 92; 93.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy.

 

 

Vang introduced:

 

H. F. No. 5351, A bill for an act relating to capital investment; appropriating money for public infrastructure to serve the Opportunity Site in the city of Brooklyn Center; appropriating money for a 24-hour child care center in the city of Brooklyn Center; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Capital Investment.


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Witte and Pursell introduced:

 

H. F. No. 5352, A bill for an act relating to capital investment; appropriating money for a regional public safety training center in the city of Lakeville; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Witte and Dotseth introduced:

 

H. F. No. 5353, A bill for an act relating to drivers' licenses; expanding same-day issuance of noncompliant drivers' licenses, instruction permits, and identification cards; instituting requirements for licenses and identification cards issued the same day; specifying locations where same-day drivers' licenses will be offered; requiring a report; appropriating money.

 

The bill was read for the first time and referred to the Committee on Transportation Finance and Policy.

 

 

Frederick and Olson, B., introduced:

 

H. F. No. 5354, A bill for an act relating to human services; creating a supplemental housing support rate for a long-term residential facility in Blue Earth County; amending Minnesota Statutes 2022, section 256I.05, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Health Finance and Policy.

 

 

Sencer-Mura, Howard, Fischer and Schomacker introduced:

 

H. F. No. 5355, A bill for an act relating to education; modifying lead in school drinking water requirements; establishing an account in the special revenue fund; appropriating money; amending Minnesota Statutes 2023 Supplement, section 121A.335, subdivisions 1, 2, 3, 5, by adding subdivisions; repealing Minnesota Statutes 2023 Supplement, section 121A.335, subdivision 6.

 

The bill was read for the first time and referred to the Committee on Education Policy.

 

 

Finke introduced:

 

H. F. No. 5356, A bill for an act relating to human services; appropriating funds to support an organization that serves artists who have  intellectual and other disabilities; appropriating money.

 

The bill was read for the first time and referred to the Committee on Human Services Finance.

 

 

Backer introduced:

 

H. F. No. 5357, A bill for an act relating to health; establishing an alternative emergency medical services response model pilot program; appropriating money.

 

The bill was read for the first time and referred to the Committee on Health Finance and Policy.


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Backer introduced:

 

H. F. No. 5358, A bill for an act relating to environment; appropriating money and extending grant for Lake Alice water-quality project.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy.

 

 

Koegel, Stephenson, Bierman, Smith and Feist introduced:

 

H. F. No. 5359, A bill for an act relating to health; establishing a moratorium on hospital and hospital campus cessations in operations, curtailments of operations, relocations of health services, and cessations in offering certain health services.

 

The bill was read for the first time and referred to the Committee on Health Finance and Policy.

 

 

Hussein introduced:

 

H. F. No. 5360, A bill for an act relating to capital investment; appropriating money for a community multicultural center in the city of St. Paul.

 

The bill was read for the first time and referred to the Committee on Capital Investment.

 

 

Hussein introduced:

 

H. F. No. 5361, A bill for an act relating to housing; appropriating money for a grant to Community Stabilization Project.

 

The bill was read for the first time and referred to the Committee on Housing Finance and Policy.

 

 

Gomez introduced:

 

H. F. No. 5362, A bill for an act relating to capital investment; appropriating money for a grant to the Minnesota Somali Community Center.

 

The bill was read for the first time and referred to the Committee on Capital Investment.


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Frazier introduced:

 

H. F. No. 5363, A bill for an act relating to employees; modifying paid leave provisions; amending Minnesota Statutes 2023 Supplement, sections 268B.01, subdivisions 3, 5, 8, 15, 23, 44, by adding subdivisions; 268B.04; 268B.06, subdivisions 3, 4, 5, by adding a subdivision; 268B.07, subdivisions 1, 2, 3; 268B.085, subdivision 3; 268B.09, subdivisions 1, 6, 7; 268B.10, subdivisions 1, 2, 3, 6, 12, 16, 17, by adding subdivisions; 268B.14, subdivisions 3, 7, by adding subdivisions; 268B.15, subdivision 7; 268B.155, subdivision 2; 268B.185, subdivision 2; 268B.19; 268B.26; 268B.27, subdivision 2; 268B.29; proposing coding for new law in Minnesota Statutes, chapter 268B; repealing Minnesota Statutes 2023 Supplement, sections 268B.06, subdivision 7; 268B.08; 268B.10, subdivision 11; 268B.14, subdivision 5.

 

The bill was read for the first time and referred to the Committee on Workforce Development Finance and Policy.

 

 

REPORT FROM THE COMMITTEE ON RULES

AND LEGISLATIVE ADMINISTRATION

 

      Long from the Committee on Rules and Legislative Administration, pursuant to rules 1.21 and 3.33, designated the following bills to be placed on the Calendar for the Day for Monday, April 15, 2024 and established a prefiling requirement for amendments offered to the following bills:

 

      H. F. No. 3508; and S. F. Nos. 2904, 4399 and 4097.

 

 

      Long moved that the House recess subject to the call of the Chair.  The motion prevailed.

 

 

RECESS

 

 

RECONVENED

 

      The House reconvened and was called to order by Speaker pro tempore Her.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 4753, A bill for an act relating to disaster relief; requiring the allocation of general fund surplus dollars to the disaster assistance contingency account; amending Minnesota Statutes 2022, section 16A.152, subdivision 1b; Minnesota Statutes 2023 Supplement, section 16A.152, subdivision 2.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 128 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13159

Clardy

Coulter

Curran

Daniels

Davids

Davis

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Grossell

Hansen, R.

Hanson, J.

Harder

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lawrence

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nelson, M.

Neu Brindley

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rarick

Rehm

Reyer

Robbins

Schomacker

Schultz

Scott

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 1989 was reported to the House.

 

 

Moller moved to amend H. F. No. 1989, the third engrossment, as follows:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [325F.676] TICKET SALES.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Commissioner" means the commissioner of commerce.

 

(c) "Entertainment" means all forms of entertainment, including but not limited to theatrical or operatic performances, concerts, motion pictures, entertainment at fairgrounds, amusement parks, athletic competitions and other sports, and all other forms of diversion, recreation, or show.

 

(d) "Internet domain name" means a globally unique, hierarchical reference to an Internet host or service, which is assigned through a centralized Internet naming authority and which is composed of a series of character strings separated by periods with the rightmost string specifying the top of the hierarchy.

 

(e) "Online ticket marketplace" means the administrator of a website or other electronic service, including an agent, employee, or assignee of the administrator, that sells tickets or maintains a platform to facilitate the sale of tickets.

 

(f) "Operator" means a person, including an agent, employee, or assignee of the person, who:

 

(1) owns, operates, or controls a place of entertainment;

 

(2) produces entertainment; or


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13160

(3) sells a ticket to a place of entertainment for original sale.

 

(g) "Person" means a party, individual, partnership, association, corporation, or other legal entity.

 

(h) "Place of entertainment" means an entertainment facility, including but not limited to an amphitheater, theater, stadium, arena, racetrack, museum, amusement park, venue, club, or other place where performances, concerts, exhibits, athletic games, contests, or other forms of entertainment are held.  For the purposes of this section, place of entertainment does not include movie theaters.

 

(i) "Ticket reseller" means a person that offers or sells tickets for resale after the original sale to an entertainment event located in this state and includes an operator to the extent that the operator offers or sells tickets for resale.  Sales by a ticket reseller include sales by any means, including but not limited to in person or by telephone, mail, delivery service, facsimile, Internet, email, or other electronic means.  A ticket reseller does not include a person that purchases a ticket solely for the person's own use or the use of the person's invitees, employees, or agents. 

 

(j) "URL" means a uniform resource locator for a website on the Internet. 

 

Subd. 2.  Disclosures.  (a) An operator, ticket reseller, or online ticket marketplace must, at all times during the ticket listing and purchasing process, disclose in an easily readable and conspicuous manner and in dollars:

 

(1) the total cost of the ticket, inclusive of all fees and surcharges that must be paid in order to purchase the ticket;

 

(2) the portion of the ticket price that represents a service charge; and

 

(3) any other fee or surcharge charged to the purchaser. 

 

(b) The disclosure of subtotals, fees, charges, and all other components of the total price must not be false or misleading, and must not be presented more prominently or in the same or larger size than the total price.  The disclosure of subtotals, fees, charges, and all other components of the total price may be displayed in a manner that allows the purchaser to hide or minimize the itemized list.  The price of a ticket must not increase with respect to a particular person after the ticket is first displayed to the person, excluding reasonable fees for the delivery of nonelectronic tickets based on the delivery method selected by the purchaser and any additional purchases made by the purchaser, which must be disclosed prior to accepting payment.

 

(c) A ticket reseller and online ticket marketplace must disclose in an easily readable and conspicuous manner on the ticker reseller's or online ticket marketplace's website or electronic service:

 

(1) that the website or electronic service is owned or operated by a ticket reseller or online ticket marketplace and that the price of a resale ticket offered for sale may be higher or lower than the original purchase price;

 

(2) that the purchaser is responsible for checking with the place of entertainment for information on changes to the event or cancellations prior to the event's start time; and

 

(3) the refund policy of the ticket reseller or online ticket marketplace.

 

A ticket reseller or online ticket marketplace must require a purchaser to confirm having read the disclosures required by this paragraph before completing a transaction.

 

(d) A ticket reseller or online ticket marketplace must provide to the purchaser proof of purchase, which must include all event and ticket information, within 24 hours of the purchase, including:


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13161

(1) that the purchaser is responsible for checking with the place of entertainment for information on changes to the event or cancellations prior to the event's start time; and

 

(2) the refund policy of the ticket reseller or online ticket marketplace.

 

(e) An online ticket marketplace must not use any combination of text, images, trademark, copyright, web designs, or Internet addresses that is identical or substantially similar to text, images, trademark, copyright, web designs, or Internet addresses associated with a place of entertainment without the written permission of the place of entertainment duly authorized to provide the permission.  This paragraph does not prohibit an online ticket marketplace from using text containing the name of a place of entertainment or of an event in order to describe the location of the event or the event itself.  This paragraph does not prohibit an online ticket marketplace from providing information or images identifying the specific seat or area the purchaser will occupy in the place of entertainment.

 

(f) The obligations of paragraphs (a) to (d) do not apply to any person, unless the person engaged in annual aggregate transactions that were equal to or greater than $5,000.

 

Subd. 3.  Prohibitions.  (a) A ticket reseller or online ticket marketplace must not:

 

(1) sell or offer to sell more than one copy of the same ticket to a place of entertainment;

 

(2) directly or indirectly employ another person to wait in line to purchase tickets for the purpose of reselling the tickets if the practice is prohibited or if the place of entertainment has posted a policy prohibiting the practice;

 

(3) sell or offer to sell a ticket without first informing the person of the location of the place of entertainment and the ticket's assigned seat, including but not limited to the seat number, row, and section number of the seat;

 

(4) sell or offer to sell a ticket for which there is no assigned seat without first informing the person of the general admission area to which the ticket corresponds; or

 

(5) advertise, offer for sale, or contract for the sale of a ticket before the ticket has been made available to the public, including via presale, without first obtaining permission from the place of entertainment and having actual or constructive possession of the ticket, unless the ticket reseller owns the ticket pursuant to a season ticket package purchased by the ticket reseller.

 

(b) A person must not use or cause to be used an Internet domain name or subdomain thereof in an operator, ticket reseller, or online ticket marketplace website's URL that contains any of the following, unless acting on behalf of the place of entertainment, event, or person scheduled to perform or appear at the event:

 

(1) the name of a place of entertainment;

 

(2) the name of an event, including the name of a person scheduled to perform or appear at the event; or

 

(3) a name substantially similar to those described in clause (1) or (2).

 

(c) A person must not:

 

(1) circumvent any portion of the process for purchasing a ticket on the Internet or for admission to a place of entertainment, including but not limited to security or identity validation measures or an access control system; or


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13162

(2) disguise the identity of a purchaser for the purpose of purchasing a number of tickets for admission to a place of entertainment that exceeds the maximum number of tickets allowed for purchase by a person.

 

(d) A person must not sell a ticket obtained in violation of paragraph (c) if the person:

 

(1) participated in or had the ability to control the conduct committed in violation of paragraph (c); or

 

(2) knew that the ticket was acquired in violation of paragraph (c).

 

(e) An operator, online ticket marketplace, or ticket reseller must not sell a ticket unless:

 

(1) the ticket is in the possession or constructive possession of the operator, online ticket marketplace, or ticket reseller; or

 

(2) the operator, online ticket marketplace, or ticket reseller has a written contract with the place of entertainment to obtain the ticket.

 

(f) Pursuant to United States Code, title 15, section 45c, circumvention of a security measure, access control system, or other technological control measure used by an online ticket marketplace to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules is prohibited.

 

Subd. 4.  Commissioner data requests; data practices.  Upon request by the commissioner, an online ticket marketplace must disclose to the commissioner information about technology and methods used in an alleged violation of subdivision 3, paragraph (f).  Data collected or maintained by the commissioner under this subdivision are civil investigative data under section 13.39 and the commissioner may share with the attorney general any not public data, as defined in section 13.02, subdivision 8a, received under this subdivision.

 

Subd. 5.  Enforcement.  The commissioner may enforce this section under section 45.027.

 

EFFECTIVE DATE.  This section is effective January 1, 2025, and applies to tickets sold on or after that date."

 

 

      The motion prevailed and the amendment was adopted.

 

 

      H. F. No. 1989, A bill for an act relating to consumer protection; requiring disclosures relating to ticket sales; prohibiting conduct in connection with ticket sales; requiring disclosure of data to the commissioner of commerce; allowing enforcement by the commissioner of commerce; proposing coding for new law in Minnesota Statutes, chapter 325F.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 112 yeas and 18 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Davids

Edelson


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13163

Elkins

Engen

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jordan

Keeler

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Lawrence

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Mueller

Myers

Nadeau

Nelson, M.

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Rarick

Rehm

Reyer

Robbins

Schomacker

Scott

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      Those who voted in the negative were:

 


Davis

Dotseth

Fogelman

Franson

Grossell

Harder

Heintzeman

Jacob

Johnson

Joy

Knudsen

Kresha

Mekeland

Murphy

Neu Brindley

Quam

Schultz

Wiener


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      H. F. No. 4310, A bill for an act relating to state government; ratifying certain compensation plans.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 74 yeas and 56 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Davids

Edelson

Elkins

Feist

Finke

Fischer

Franson

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nadeau

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Skraba

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Bliss

Burkel

Daniels

Davis

Dotseth

Engen

Fogelman

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13164

Mekeland

Mueller

Murphy

Myers

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Robbins

Schomacker

Schultz

Scott

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

 

      The bill was passed and its title agreed to.

 

 

      H. F. No. 4993, A bill for an act relating to state government; making human services forecast adjustments; appropriating money.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 76 yeas and 54 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Mueller

Myers

Nadeau

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Urdahl

Vang

Virnig

Wiens

Witte

Wolgamott

Xiong

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Bliss

Burkel

Daniels

Davids

Davis

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

Mekeland

Murphy

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

West

Wiener

Zeleznikar


 

 

      The bill was passed and its title agreed to.


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13165

         H. F. No. 3376, A bill for an act relating to natural resources; allowing the use of a digital image as proof of possession of certain passes and licenses; providing for using electronic devices to display documents; amending Minnesota Statutes 2022, section 97A.215, by adding a subdivision; Minnesota Statutes 2023 Supplement, section 97A.405, subdivision 2.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 128 yeas and 2 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bahner

Bakeberg

Baker

Becker-Finn

Bennett

Berg

Bierman

Bliss

Brand

Burkel

Carroll

Cha

Clardy

Coulter

Curran

Daniels

Davids

Davis

Dotseth

Edelson

Elkins

Engen

Feist

Finke

Fischer

Fogelman

Franson

Frazier

Frederick

Freiberg

Garofalo

Gillman

Gomez

Greenman

Hansen, R.

Hanson, J.

Harder

Hassan

Heintzeman

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Hudella

Hudson

Huot

Hussein

Igo

Jacob

Johnson

Jordan

Joy

Keeler

Kiel

Klevorn

Knudsen

Koegel

Kotyza-Witthuhn

Kozlowski

Koznick

Kraft

Kresha

Lawrence

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Mekeland

Moller

Mueller

Murphy

Myers

Nadeau

Nelson, M.

Neu Brindley

Newton

Niska

Noor

Norris

Novotny

O'Driscoll

Olson, B.

Olson, L.

Pelowski

Pérez-Vega

Perryman

Petersburg

Pfarr

Pinto

Pryor

Pursell

Quam

Rarick

Rehm

Reyer

Robbins

Schomacker

Schultz

Sencer-Mura

Skraba

Smith

Stephenson

Swedzinski

Tabke

Torkelson

Urdahl

Vang

Virnig

West

Wiener

Wiens

Witte

Wolgamott

Xiong

Youakim

Zeleznikar

Spk. Hortman


 

      Those who voted in the negative were:

 


Grossell

Scott


 

 

      The bill was passed and its title agreed to.

 

 

      The Speaker resumed the Chair.

 

 

      H. F. No. 3438 was reported to the House.

 

 

Greenman moved to amend H. F. No. 3438, the first engrossment, as follows:

 

Page 2, line 4, before the period, insert "on the sale, use, purchase, receipt, or delivery of the goods or services"


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13166

Page 2, delete lines 5 to 12 and insert:

 

"(c) A delivery platform must comply with the following requirements:

 

(1) at the point when a consumer views and selects either a vendor or items for purchase, a delivery platform must display in a clear and conspicuous manner that an additional flat fee or percentage will be charged.  The disclosure must include the additional fee or percentage amount; and

 

(2) after a consumer selects items for purchase, but prior to checkout, a delivery platform must display a subtotal page that itemizes the price of the menu items and the additional fee that will be included in the total cost."

 

Page 2, after line 20, insert:

 

"(g) A person offering services, where the total cost is determined by consumer selections and preferences relating to distance or time, must disclose in a clear and conspicuous manner the factors that will determine the total price, any mandatory fees associated with the transaction, and that the total cost of the services may vary."

 

Page 2, line 21, delete "(g)" and insert "(h)"

 

 

      The motion prevailed and the amendment was adopted.

 

 

      The Speaker called Tabke to the Chair.

 

 

      H. F. No. 3438, A bill for an act relating to consumer protection; adding the failure to disclose mandatory fees in advertising as a deceptive trade practice; amending Minnesota Statutes 2022, sections 325D.43, by adding a subdivision; 325D.44, by adding subdivisions.

 

 

      The bill was read for the third time, as amended, and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 70 yeas and 61 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Lislegard

Long

Moller

Nelson, M.

Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman



Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13167

         Those who voted in the negative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Bliss

Burkel

Daniels

Davids

Davis

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Witte

Zeleznikar


 

 

      The bill was passed, as amended, and its title agreed to.

 

 

      S. F. No. 3852 was reported to the House.

 

 

      Nelson, M., moved to amend S. F. No. 3852, the second engrossment, as follows:

 

      Delete everything after the enacting clause and insert the following language of H. F. No. 3947, the first engrossment:

 

"Section 1.  Minnesota Statutes 2022, section 13.79, subdivision 1, is amended to read:

 

Subdivision 1.  Identity of employees making complaints complainants.  Data that identify complaining employees and that appear on complaint forms received by individuals who have complained to the Department of Labor and Industry concerning alleged violations of the Fair Labor Standards Act, section 181.75 or 181.9641, chapter 177; chapter 181; sections 179.86 to 179.877; chapter 181A; or rules adopted pursuant to these statutes, are classified as private data.  The commissioner may disclose this data to other government entities with written consent from the complainant if the commissioner determines that the disclosure furthers an enforcement action of the Department of Labor and Industry or another government entity.

 

Sec. 2.  Minnesota Statutes 2022, section 177.23, is amended by adding a subdivision to read:

 

Subd. 12.  Large employer.  "Large employer" means an enterprise whose annual gross volume of sales made or business done is not less than $500,000, exclusive of excise taxes at the retail level that are separately stated, and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35.

 

EFFECTIVE DATE.  This section is effective January 1, 2025.

 

Sec. 3.  Minnesota Statutes 2022, section 177.23, is amended by adding a subdivision to read:

 

Subd. 13.  Small employer.  "Small employer" means an enterprise whose annual gross volume of sales made or business done is less than $500,000, exclusive of excise taxes at the retail level that are separately stated, and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35.

 

EFFECTIVE DATE.  This section is effective January 1, 2025.


Journal of the House - 101st Day - Thursday, April 11, 2024 - Top of Page 13168

Sec. 4.  Minnesota Statutes 2022, section 177.24, subdivision 1, is amended to read:

 

Subdivision 1.  Amount.  (a) For purposes of this subdivision, the terms defined in this paragraph have the meanings given them.

 

(1) "Large employer" means an enterprise whose annual gross volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35.

 

(2) "Small employer" means an enterprise whose annual gross volume of sales made or business done is less than $500,000 (exclusive of excise taxes at the retail level that are separately stated) and covered by the Minnesota Fair Labor Standards Act, sections 177.21 to 177.35.

 

(b) (a) Except as otherwise provided in sections 177.21 to 177.35:

 

(1), every large employer must pay each employee wages at a rate of at least:

 

(i) (1) $8.00 per hour beginning August 1, 2014;

 

(ii) (2) $9.00 per hour beginning August 1, 2015;

 

(iii) (3) $9.50 per hour beginning August 1, 2016; and

 

(iv) (4) the rate established under paragraph (f) (c) beginning January 1, 2018; and.

 

(2) every small employer must pay each employee at a rate of at least:

 

(i) $6.50 per hour beginning August 1, 2014;

 

(ii) $7.25 per hour beginning August 1, 2015;

 

(iii) $7.75 per hour beginning August 1, 2016; and

 

(iv) the rate established under paragraph (f) beginning January 1, 2018.

 

(c) (b) Notwithstanding paragraph (b) (a), during the first 90 consecutive days of employment, an employer may pay an employee under the age of 20 years a wage of at least:

 

(1) $6.50 per hour beginning August 1, 2014;

 

(2) $7.25 per hour beginning August 1, 2015;

 

(3) $7.75 per hour beginning August 1, 2016; and

 

(4) the rate established under paragraph (f) (c) beginning January 1, 2018.

 

No employer may take any action to displace an employee, including a partial displacement through a reduction in hours, wages, or employment benefits, in order to hire an employee at the wage authorized in this paragraph.


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(d) Notwithstanding paragraph (b), an employer that is a "hotel or motel," "lodging establishment," or "resort" as defined in Minnesota Statutes 2012, section 157.15, subdivisions 7, 8, and 11, must pay an employee working under a contract with the employer that includes the provision by the employer of a food or lodging benefit, if the employee is working under authority of a summer work travel exchange visitor program (J) nonimmigrant visa, a wage of at least:

 

(1) $7.25 per hour beginning August 1, 2014;

 

(2) $7.50 per hour beginning August 1, 2015;

 

(3) $7.75 per hour beginning August 1, 2016; and

 

(4) the rate established under paragraph (f) beginning January 1, 2018.

 

No employer may take any action to displace an employee, including a partial displacement through a reduction in hours, wages, or employment benefits, in order to hire an employee at the wage authorized in this paragraph.

 

(e) Notwithstanding paragraph (b), a large employer must pay an employee under the age of 18 at a rate of at least:

 

(1) $6.50 per hour beginning August 1, 2014;

 

(2) $7.25 per hour beginning August 1, 2015;

 

(3) $7.75 per hour beginning August 1, 2016; and

 

(4) the rate established under paragraph (f) beginning January 1, 2018.

 

No employer may take any action to displace an employee, including a partial displacement through a reduction in hours, wages, or employment benefits, in order to hire an employee at the wage authorized in this paragraph.

 

(f) (c) No later than August 31 of each year, beginning in 2017, the commissioner shall determine the percentage increase in the rate of inflation, as measured by the implicit price deflator, national data for personal consumption expenditures as determined by the United States Department of Commerce, Bureau of Economic Analysis during the 12-month period immediately preceding that August or, if that data is unavailable, during the most recent 12‑month period for which data is available.  The minimum wage rates in paragraphs (a) and (b), (c), (d), and (e) are increased by the lesser of:  (1) 2.5 5 percent, rounded to the nearest cent; or (2) the percentage calculated by the commissioner, rounded to the nearest cent.  A minimum wage rate shall not be reduced under this paragraph.  The new minimum wage rates determined under this paragraph take effect on the next January 1.

 

(g)(1) (d)(1) No later than September 30 of each year, beginning in 2017, the commissioner may issue an order that an increase calculated under paragraph (f) (c) not take effect.  The commissioner may issue the order only if the commissioner, after consultation with the commissioner of management and budget, finds that leading economic indicators, including but not limited to projections of gross domestic product calculated by the United States Department of Commerce, Bureau of Economic Analysis; the Consumer Confidence Index issued by the Conference Board; and seasonally adjusted Minnesota unemployment rates, indicate the potential for a substantial downturn in the state's economy.  Prior to issuing an order, the commissioner shall also calculate and consider the ratio of the rate of the calculated change in the minimum wage rate to the rate of change in state median income over the same time period used to calculate the change in wage rate.  Prior to issuing the order, the commissioner shall hold a public


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hearing, notice of which must be published in the State Register, on the department's website, in newspapers of general circulation, and by other means likely to inform interested persons of the hearing, at least ten days prior to the hearing.  The commissioner must allow interested persons to submit written comments to the commissioner before the public hearing and for 20 days after the public hearing.

 

(2) The commissioner may in a year subsequent to issuing an order under clause (1), make a supplemental increase in the minimum wage rate in addition to the increase for a year calculated under paragraph (f) (c).  The supplemental increase may be in an amount up to the full amount of the increase not put into effect because of the order.  If the supplemental increase is not the full amount, the commissioner may make a supplemental increase of the difference, or any part of a difference, in a subsequent year until the full amount of the increase ordered not to take effect has been included in a supplemental increase.  In making a determination to award a supplemental increase under this clause, the commissioner shall use the same considerations and use the same process as for an order under clause (1).  A supplemental wage increase is not subject to and shall not be considered in determining whether a wage rate increase exceeds the limits for annual wage rate increases allowed under paragraph (f) (c).

 

EFFECTIVE DATE.  This section is effective January 1, 2025.

 

Sec. 5.  Minnesota Statutes 2022, section 177.24, is amended by adding a subdivision to read:

 

Subd. 3a.  Gratuities; credit cards or charges.  (a) Gratuities received by an employee through a debit, charge, credit card, or electronic payment shall be credited to that pay period in which they are received by the employee.

 

(b) Where a gratuity is received by an employee through a debit, charge, credit card, or electronic payment, the full amount of gratuity indicated in the payment must be distributed to the employee no later than the next scheduled pay period.

 

EFFECTIVE DATE.  This section is effective August 1, 2024.

 

Sec. 6.  Minnesota Statutes 2023 Supplement, section 177.27, subdivision 2, is amended to read:

 

Subd. 2.  Submission of records; penalty.  (a) The commissioner may require the employer of employees working in the state to submit to the commissioner photocopies, certified copies, or, if necessary, the originals of employment records which the commissioner deems necessary or appropriate.  The records which may be required include full and correct statements in writing, including sworn statements by the employer, containing information relating to wages, hours, names, addresses, and any other information pertaining to the employer's employees and the conditions of their employment as the commissioner deems necessary or appropriate.

 

(b) Employers and persons requested by the commissioner to produce records shall respond within the time and in the manner specified by the commissioner.

 

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

 

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


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Sec. 7.  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, 179.86, 181.02, 181.03, 181.031, 181.032, 181.10, 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, 181.64, 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.

 

Sec. 8.  Minnesota Statutes 2023 Supplement, section 177.27, subdivision 7, is amended to read:

 

Subd. 7.  Employer liability.  If an employer is found by the commissioner to have violated a section identified in subdivision 4, or any rule adopted under section 177.28, 181.213, or 181.215, and the commissioner issues an order to comply, the commissioner shall order the employer to cease and desist from engaging in the violative practice and to take such affirmative steps that in the judgment of the commissioner will effectuate the purposes of the section or rule violated.  The commissioner shall order the employer to pay to the aggrieved parties back pay, gratuities, and compensatory damages, less any amount actually paid to the employee by the employer, and for an additional equal amount as liquidated damages.  The commissioner may also order reinstatement and any other appropriate relief to the aggrieved parties.  Any employer who is found by the commissioner to have repeatedly or willfully violated a section or sections identified in subdivision 4 shall be subject to a civil penalty of up to $10,000 for each violation for each employee.  In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered.  In addition, the commissioner may order the employer to reimburse the department and the attorney general for all appropriate litigation and hearing costs expended in preparation for and in conducting the contested case proceeding, unless payment of costs would impose extreme financial hardship on the employer.  If the employer is able to establish extreme financial hardship, then the commissioner may order the employer to pay a percentage of the total costs that will not cause extreme financial hardship.  Costs include but are not limited to the costs of services rendered by the attorney general, private attorneys if engaged by the department, administrative law judges, court reporters, and expert witnesses as well as the cost of transcripts.  Interest shall accrue on, and be added to, the unpaid balance of a commissioner's order from the date the order is signed by the commissioner until it is paid, at an annual rate provided in section 549.09, subdivision 1, paragraph (c).  The commissioner may establish escrow accounts for purposes of distributing damages.

 

Sec. 9.  Minnesota Statutes 2022, section 177.30, is amended to read:

 

177.30 KEEPING RECORDS; PENALTY.

 

(a) Every employer subject to sections 177.21 to 177.44 must make and keep a record of:


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(1) the name, address, and occupation of each employee;

 

(2) the rate of pay, and the amount paid each pay period to each employee;

 

(3) the hours worked each day and each workweek by the employee, including for all employees paid at piece rate, the number of pieces completed at each piece rate;

 

(4) a list of the personnel policies provided to the employee, including the date the policies were given to the employee and a brief description of the policies;

 

(5) a copy of the notice provided to each employee as required by section 181.032, paragraph (d), including any written changes to the notice under section 181.032, paragraph (f);

 

(6) for each employer subject to sections 177.41 to 177.44, and while performing work on public works projects funded in whole or in part with state funds, the employer shall furnish under oath signed by an owner or officer of an employer to the contracting authority and the project owner every two weeks, a certified payroll report with respect to the wages and benefits paid each employee during the preceding weeks specifying for each employee:  name; identifying number; prevailing wage master job classification; hours worked each day; total hours; rate of pay; gross amount earned; each deduction for taxes; total deductions; net pay for week; dollars contributed per hour for each benefit, including name and address of administrator; benefit account number; and telephone number for health and welfare, vacation or holiday, apprenticeship training, pension, and other benefit programs; and

 

(7) earnings statements for each employee for each pay period as required by section 181.032, paragraphs (a) and (b); and

 

(8) other information the commissioner finds necessary and appropriate to enforce sections 177.21 to 177.435.  The records must be kept for three years in the premises where an employee works except each employer subject to sections 177.41 to 177.44, and while performing work on public works projects funded in whole or in part with state funds, the records must be kept for three years after the contracting authority has made final payment on the public works project.

 

(b) All records required to be kept under paragraph (a) 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.

 

(c) The commissioner may fine an employer up to $1,000 for each failure to maintain records as required by this section, and up to $5,000 for each repeated failure.  This penalty is in addition to any penalties provided under section 177.32, subdivision 1.  In determining the amount of a civil penalty under this subdivision, the appropriateness of such penalty to the size of the employer's business and the gravity of the violation shall be considered.

 

(d) If the records maintained by the employer do not provide sufficient information to determine the exact amount of back wages due an employee, the commissioner may make a determination of wages due based on available evidence.

 

Sec. 10.  Minnesota Statutes 2023 Supplement, section 177.42, subdivision 2, is amended to read:

 

Subd. 2.  Project.  "Project" means demolition, erection, construction, alteration, improvement, restoration, remodeling, or repairing of a public building, structure, facility, land, or other public work, which includes any work suitable for and intended for use by the public, or for the public benefit, financed in whole or part by state funds.  Project also includes demolition, erection, construction, alteration, improvement, restoration, remodeling, or repairing of a building, structure, facility, land, or public work when the acquisition of property, predesign, design, or demolition is financed in whole or part by state funds.


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Sec. 11.  Minnesota Statutes 2022, section 179.01, subdivision 1, is amended to read:

 

Subdivision 1.  Words, terms, and phrases Scope.  Unless the language or context clearly indicates that a different meaning is intended, the following words, terms, and phrases, for the purposes of sections 179.01 to 179.17, shall be given the meanings subjoined to them defined in this section have the meanings given them for purposes of sections 179.01 to 179.17.

 

Sec. 12.  Minnesota Statutes 2022, section 179.01, subdivision 9, is amended to read:

 

Subd. 9.  Lockout.  "Lockout" is means the refusal of the employer to furnish work to employees as a result of a labor dispute.

 

Sec. 13.  Minnesota Statutes 2022, section 179.01, subdivision 16, is amended to read:

 

Subd. 16.  Professional strikebreaker.  (a) "Professional strikebreaker" means any person who:

 

(a) (1) makes an offer to an employer at whose place of business a labor dispute is presently in progress to work as a replacement for an employee or employees involved in such labor dispute; and

 

(b) (2) during a period of five years immediately preceding such offer, has, on more than one occasion, made an offer to employers to work as a temporary employee to personally replace employees involved in labor disputes. 

 

(b) For the purposes of this subdivision,:

 

(1) "work" shall mean means the rendering of services for wages or other consideration.  For the purposes of this subdivision,; and

 

(2) "offer" shall include includes arrangements made for or on behalf of employers by any person.

 

Sec. 14.  Minnesota Statutes 2022, section 179.06, is amended to read:

 

179.06 COLLECTIVE BARGAINING AGREEMENTS.

 

Subdivision 1.  Notices.  (a) When any employee, employees, or representative of employees, or labor organization shall desire to negotiate a collective bargaining agreement, or make any change in any existing agreement, or shall desire any changes in the rates of pay, rules or working conditions in any place of employment, it shall give written notice to the employer of its demand, which notice shall follow the employer if the place of employment is changed, and it shall thereupon be the duty of the employer and the representative of employee or labor organization to endeavor in good faith to reach an agreement respecting such demand.  An employer shall give a like notice to employees, representative, or labor organizations of any intended change in any existing agreement.  If no agreement is reached at the expiration of ten days after service of such notice, any employees, representative, labor organization, or employer may at any time thereafter petition the commissioner of mediation services to take jurisdiction of the dispute and it shall be unlawful for any labor organization or representative to institute or aid in the conduct of a strike or for an employer to institute a lockout, unless such petition has been served by the party taking such action upon the commissioner and the other parties to the labor dispute at least ten days before the strike or lockout becomes effective.  Unless the strike or lockout is commenced within 90 days from the date of service of the petition upon the commissioner, it shall be unlawful for any of the parties to institute or aid in the conduct of a strike or lockout without serving a new petition in the manner prescribed for the service of the original petition, provided that the 90-day period may be extended by written agreement of the parties filed with the commissioner.


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(b) A petition by the employer shall be signed by the employer or a duly authorized officer or agent; and a petition by the employees shall be signed by their representative or its officers, or by the committee selected to negotiate with the employer.  In either case the petition shall be served by delivering it to the commissioner in person or by sending it by certified mail addressed to the commissioner at the commissioner's office.  The petition shall state briefly the nature of the dispute and the demands of the party who serves it.  Upon receipt of a petition, the commissioner shall fix a time and place for a conference with the parties to the labor dispute upon the issues involved in the dispute, and shall then take whatever steps the commissioner deems most expedient to bring about a settlement of the dispute, including assisting in negotiating and drafting a settlement agreement.  It shall be the duty of all parties to a labor dispute to respond to the summons of the commissioner for joint or several conferences with the commissioner and to continue in such conference until excused by the commissioner, not beyond the ten-day period heretofore prescribed except by mutual consent of the parties.

 

Subd. 2.  Commissioner, powers and duties.  The commissioner may at the request of either party to a labor dispute render assistance in settling the dispute without the necessity of filing the formal petition referred to in under subdivision 1.  If the commissioner takes jurisdiction of the dispute as a result of such a request, the commissioner shall must then proceed as provided in according to subdivision 1.

 

Sec. 15.  Minnesota Statutes 2022, section 179.08, is amended to read:

 

179.08 POWERS OF COMMISSION APPOINTED BY COMMISSIONER.

 

(a) The commission appointed by the commissioner pursuant to the provisions of section 179.07 shall have the power to issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence which relates to any matter involved in any such hearing, and may by its chair administer oaths and affirmations, and may examine witnesses.  Such attendance of witnesses and the production of such evidence may be required from any place in the state at any designated place of hearing, but whenever practical hearings shall be held in a county where the labor dispute has arisen or exists.

 

(b) In case of contumacy or refusal to obey a subpoena issued under paragraph (a), the district court of the state for the county where the proceeding is pending or in which the person guilty of such contumacy or refusal to obey is found, or resides, or transacts business, or application by the commission shall have jurisdiction to issue to such person an order requiring such person to appear before the commission, there to produce evidence as so ordered, or there to give testimony touching the matter under investigation or in question, and any failure to obey such order of the court may be punished by the court as a contempt thereof.

 

(c) Any party to or party affected by the dispute may appear before the commission in person or by attorney or by their representative, and shall have the right to offer competent evidence and to be heard on the issues before the report of the commission is made.

 

(d) Any commissioners so appointed shall commission members appointed under section 179.07 must be paid a per diem allowance not to exceed that established for arbitrators in section 179A.16, subdivision 8, and their necessary expenses while serving.

 

Sec. 16.  Minnesota Statutes 2022, section 179.11, is amended to read:

 

179.11 EMPLOYEE UNFAIR LABOR PRACTICES.

 

(a) It shall be is an unfair labor practice:

 

(1) for any employee or labor organization to institute a strike if such strike is a violation of any valid collective agreement between any employer and its employees or labor organization and the employer is, at the time, in good faith complying with the provisions of the agreement, or to violate the terms and conditions of such bargaining agreement;


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(2) for any employee or labor organization to institute a strike if the calling of such strike is in violation of sections 179.06 or 179.07;

 

(3) for any person to seize or occupy property unlawfully during the existence of a labor dispute;

 

(4) for any person to picket or cause to be picketed a place of employment of which place the person is not an employee while a strike is in progress affecting the place of employment, unless the majority of persons engaged in picketing the place of employment at these times are employees of the place of employment;

 

(5) for more than one person to picket or cause to be picketed a single entrance to any place of employment where no strike is in progress at the time;

 

(6) for any person to interfere in any manner with the operation of a vehicle or the operator thereof when neither the owner nor operator of the vehicle is at the time a party to a strike;

 

(7) for any employee, labor organization, or officer, agent, or member thereof, to compel or attempt to compel any person to join or to refrain from joining any labor organization or any strike against the person's will by any threatened or actual unlawful interference with the person, or immediate family member, or physical property, or to assault or unlawfully threaten any such person while in pursuit of lawful employment;

 

(8) unless the strike has been approved by a majority vote of the voting employees in a collective bargaining unit of the employees of an employer or association of employers against whom such strike is primarily directed, for any person or labor organization to cooperate in engaging in, promoting, or inducing a strike.  Such vote shall be taken by secret ballot at an election called by the collective bargaining agent for the unit, and reasonable notice shall be given to all employees in the collective bargaining unit of the time and place of election; or

 

(9) for any person or labor organization to hinder or prevent by intimidation, force, coercion or sabotage, or by threats thereof, the production, transportation, processing or marketing by a producer, processor or marketing organization, of agricultural products, or to combine or conspire to cause or threaten to cause injury to any processor, producer or marketing organization, whether by withholding labor or other beneficial intercourse, refusing to handle, use or work on particular agricultural products, or by other unlawful means, in order to bring such processor or marketing organization against its will into a concerted plan to coerce or inflict damage upon any producer; provided that nothing in this subsection shall prevent a strike which is called by the employees of such producer, processor or marketing organization for the bona fide purpose of improving their own working conditions or promoting or protecting their own rights of organization, selection of bargaining representative or collective bargaining.

 

The violation of clauses (2), (3), (4), (5), (6), (7), (8) and (9) are hereby declared to be unlawful acts.

 

(b) It is an unlawful act to violate paragraph (a), clause (2), (3), (4), (5), (6), (7), (8), or (9).

 

Sec. 17.  Minnesota Statutes 2022, section 179.12, is amended to read:

 

179.12 EMPLOYERS' EMPLOYER UNFAIR LABOR PRACTICES.

 

(a) It is an unfair labor practice for an employer:

 

(1) to institute a lockout of its employees in violation of a valid collective bargaining agreement between the employer and its employees or labor organization if the employees at the time are in good faith complying with the provisions of the agreement, or to violate the terms and conditions of the bargaining agreement;


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(2) to institute a lockout of its employees in violation of section 179.06 or 179.07;

 

(3) to encourage or discourage membership in a labor organization by discrimination in regard to hire or tenure of employment or any terms or conditions of employment; provided, that this clause does not apply to the provisions of collective bargaining agreements entered into voluntarily by an employer and its employees or a labor organization representing the employees as a bargaining agent, as provided by section 179.16;

 

(4) to discharge or otherwise to discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given information or testimony under this chapter;

 

(5) to spy directly or through agents or any other persons upon activities of employees or their representatives in the exercise of their legal rights;

 

(6) to distribute or circulate a blacklist of individuals exercising a legal right or of members of a labor organization for the purpose of preventing individuals who are blacklisted from obtaining or retaining employment;

 

(7) to engage or contract for the services of a person who is an employee of another if the employee is paid a wage that is less than the wage to be paid by the engaging or contracting employer under an existing union contract for work of the same grade or classification;

 

(8) willfully and knowingly to utilize a professional strikebreaker to replace an employee or employees involved in a strike or lockout at a place of business located within this state; or

 

(9) to grant or offer to grant the status of permanent replacement employee to a person for performing bargaining unit work for an employer during a lockout of employees in a labor organization or during a strike of employees in a labor organization authorized by a representative of employees.

 

The violation of (b) It is an unlawful act to violate paragraph (a), clause (2), (4), (5), (6), (7), (8), or (9) is an unlawful act.

 

Sec. 18.  Minnesota Statutes 2022, section 179.254, subdivision 1, is amended to read:

 

Subdivision 1.  Scope.  For the purposes of sections 179.254 to 179.256 179.257, the following terms shall defined in this section have the meanings subscribed to given them.

 

Sec. 19.  Minnesota Statutes 2022, section 179.256, is amended to read:

 

179.256 NOTIFICATION NOTIFYING CONSTRUCTION WORKER OF REIMBURSEMENT.

 

Whenever a construction worker may qualify for the reimbursement of benefit payments to a home benefit fund as described in under section 179.255, the trustees of the benefit fund of which the worker is a member, or their agent, shall so notify the trustees of the benefit fund to which payments will be made during the temporary period of work.  Such notification shall be made promptly in writing and shall include the name, address, and Social Security number of the construction worker and the starting date of the temporary period of work.


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Sec. 20.  Minnesota Statutes 2022, section 179.26, is amended to read:

 

179.26 DEFINITIONS; CERTAIN REPRESENTATION DISPUTES.

 

When used in sections 179.26 to 179.29, unless the context clearly indicates otherwise, each of the following words: " employee, " " labor organization, " " strike, " and " lockout shall" have the meaning ascribed to it meanings given them in section 179.01.

 

Sec. 21.  Minnesota Statutes 2022, section 179.27, is amended to read:

 

179.27 STRIKES OR BOYCOTTS PROHIBITED.

 

When certification of a representative of employees for collective bargaining purposes has been made by proper federal or state authority, it is unlawful during the effective period of such certification for any employee, representative of employees, or labor organization to conduct a strike or boycott against the employer of such employees or to picket any place of business of the employer in order, by such strike, boycott, or picketing, to:

 

(1) to deny the right of the representative so certified to act as such representative or;

 

(2) to prevent such representative from acting as authorized by such certification,; or

 

(3) to interfere with the business of the employer in an effort to do either act specified in clauses under clause (1) and or (2) hereof.

 

Sec. 22.  Minnesota Statutes 2022, section 179.35, subdivision 1, is amended to read:

 

Subdivision 1.  Scope.  Unless the language or context clearly indicates that a different meaning is intended, the following words, terms and phrases, for the purposes of sections 179.35 to 179.39, shall be given defined in this section have the meanings subjoined to given them for purposes of sections 179.35 to 179.39.

 

Sec. 23.  Minnesota Statutes 2022, section 179.40, is amended to read:

 

179.40 SECONDARY BOYCOTT; DECLARATION OF PUBLIC POLICY.

 

(a) As a guide to the interpretation and application of sections 179.40 to 179.47, the public policy of this state is declared to be:

 

(1) to protect and promote the interests of the public, employees, and employers alike, with due regard to the situation and to the rights of the others;

 

(2) to promote industrial peace, regular and adequate income for employees, and uninterrupted production of goods and services; and

 

(3) to reduce the serious menace to the health, morals, and welfare of the people of this state arising from economic insecurity due to stoppages and interruptions of business and employment.

 

(b) It is recognized that whatever may be the rights of disputants with respect to each other in any controversy, they should not be permitted, in their controversy, to intrude directly into the primary rights of third parties to earn a livelihood, transact business, and engage in the ordinary affairs of life by lawful means and free from molestation, interference, restraint, or coercion.  The legislature, therefore, declares that, in its considered judgment, the public good and the general welfare of the citizens of this state will be promoted by prohibiting secondary boycotts and other coercive practices in this state.


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Sec. 24.  Minnesota Statutes 2022, section 179.43, is amended to read:

 

179.43 ILLEGAL COMBINATION; VIOLATION OF VIOLATING PUBLIC POLICY.

 

A secondary boycott as hereinbefore defined under section 179.41 is hereby declared to be an illegal combination in restraint of trade and in violation of the public policy of this state.

 

Sec. 25.  Minnesota Statutes 2022, section 179A.02, is amended to read:

 

179A.02 CITATION.

 

Sections 179A.01 to 179A.25 shall be known may be cited as the "Public Employment Labor Relations Act."

 

Sec. 26.  Minnesota Statutes 2022, section 179A.03, subdivision 17, is amended to read:

 

Subd. 17.  Supervisory employee.  (a) "Supervisory employee" means a person who has the authority to undertake a majority of the following supervisory functions in the interests of the employer:  hiring, transfer, suspension, promotion, discharge, assignment, reward, or discipline of other employees, direction of the work of other employees, or adjustment of other employees' grievances on behalf of the employer.  To be included as a supervisory function which the person has authority to undertake, the exercise of the authority by the person may not be merely routine or clerical in nature but must require the use of independent judgment.  An employee, other than an essential employee, who has authority to effectively recommend a supervisory function, is deemed to have authority to undertake that supervisory function for the purposes of this subdivision.  The administrative head of a municipality, municipal utility, or police or fire department, and the administrative head's assistant, are always considered supervisory employees.

 

(b) The removal of employees by the employer from a nonsupervisory appropriate unit for the purpose of designating the employees as "supervisory employees" shall require either the prior written agreement of the exclusive representative and the written approval of the commissioner or a separate determination by the commissioner before the redesignation is effective.

 

Sec. 27.  Minnesota Statutes 2022, section 179A.06, subdivision 1, is amended to read:

 

Subdivision 1.  Expression of Expressing views.  (a) Sections 179A.01 to 179A.25 do not affect the right of any public employee or the employee's representative to express or communicate a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of public employment or their betterment, so long as this is not designed to and does not interfere with the full faithful and proper performance of the duties of employment or circumvent the rights of the exclusive representative.  Sections 179A.01 to 179A.25 do not require any public employee to perform labor or services against the employee's will.

 

(b) If no exclusive representative has been certified, any public employee individually, or group of employees through their representative, has the right to express or communicate a view, grievance, complaint, or opinion on any matter related to the conditions or compensation of public employment or their betterment, by meeting with their public employer or the employer's representative, so long as this is not designed to and does not interfere with the full, faithful, and proper performance of the duties of employment.

 

Sec. 28.  Minnesota Statutes 2022, section 179A.06, subdivision 2, is amended to read:

 

Subd. 2.  Right to organize.  (a) Public employees have the right to form and join labor or employee organizations, and have the right not to form and join such organizations.  Public employees in an appropriate unit have the right by secret ballot to designate an exclusive representative to negotiate grievance procedures and the


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terms and conditions of employment with their employer.  Confidential employees of the state, confidential court employees, and confidential University of Minnesota employees are excluded from bargaining.  Supervisory and managerial court employees are excluded from bargaining.  Supervisory, managerial, and confidential employees of Hennepin Healthcare System, Inc., are excluded from bargaining.  Other confidential employees, supervisory employees, principals, and assistant principals may form their own organizations.  An employer shall extend exclusive recognition to a representative of or an organization of supervisory or confidential employees, or principals and assistant principals, for the purpose of negotiating terms or conditions of employment, in accordance with sections 179A.01 to 179A.25, applicable to essential employees.

 

(b) Supervisory or confidential employee organizations shall not participate in any capacity in any negotiations which involve units of employees other than supervisory or confidential employees.  Except for organizations which represent supervisors who are:  (1) firefighters, emergency medical service employees certified under section 144E.28, 911 system public safety dispatchers, peace officers subject to licensure under sections 626.84 to 626.863, guards at correctional facilities, or employees at hospitals other than state hospitals; and (2) not state or University of Minnesota employees, a supervisory or confidential employee organization which is affiliated with another employee organization which is the exclusive representative of nonsupervisory or nonconfidential employees of the same public employer shall not be certified, or act as, an exclusive representative for the supervisory or confidential employees.  For the purpose of this subdivision, affiliation means either direct or indirect and includes affiliation through a federation or joint body of employee organizations.

 

Sec. 29.  Minnesota Statutes 2022, section 179A.06, subdivision 3, is amended to read:

 

Subd. 3.  Fair share fee.  (a) An exclusive representative may require employees who are not members of the exclusive representative to contribute a fair share fee for services rendered by the exclusive representative.  The fair share fee must be equal to the regular membership dues of the exclusive representative, less the cost of benefits financed through the dues and available only to members of the exclusive representative.  In no event may the fair share fee exceed 85 percent of the regular membership dues.  The exclusive representative shall provide advance written notice of the amount of the fair share fee to the employer and to unit employees who will be assessed the fee.  The employer shall provide the exclusive representative with a list of all unit employees.

 

(b) A challenge by an employee or by a person aggrieved by the fee must be filed in writing with the commissioner, the public employer, and the exclusive representative within 30 days after receipt of the written notice.  All challenges must specify those portions of the fee challenged and the reasons for the challenge.  The burden of proof relating to the amount of the fair share fee is on the exclusive representative.  The commissioner shall hear and decide all issues in these challenges.

 

(c) The employer shall deduct the fee from the earnings of the employee and transmit the fee to the exclusive representative 30 days after the written notice was provided.  If a challenge is filed, the deductions for a fair share fee must be held in escrow by the employer pending a decision by the commissioner.

 

Sec. 30.  Minnesota Statutes 2022, section 179A.08, subdivision 2, is amended to read:

 

Subd. 2.  Meet and confer.  The professional employees shall select a representative to meet and confer with a representative or committee of the public employer on matters not specified under section 179A.03, subdivision 19, relating to the services being provided to the public.  The public employer shall provide the facilities and set the time for these conferences meetings to take place.  The parties shall meet at least once every four months.

 

Sec. 31.  Minnesota Statutes 2022, section 179A.10, subdivision 1, is amended to read:

 

Subdivision 1.  Exclusions.  (a) The commissioner of management and budget shall meet and negotiate with the exclusive representative of each of the units specified in this section, except as provided in section 43A.06, subdivision 1, paragraph (c).  The units provided in this section are the only appropriate units for executive branch state employees.  The following employees shall be excluded from any appropriate unit:


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(1) the positions and classes of positions in the classified and unclassified services defined as managerial by the commissioner of management and budget in accordance with section 43A.18, subdivision 3, and so designated in the official state compensation schedules;

 

(2) unclassified positions in the Minnesota State Colleges and Universities defined as managerial by the Board of Trustees;

 

(3) positions of all unclassified employees appointed by a constitutional officer;

 

(4) positions in the Bureau of Mediation Services and the Public Employment Relations Board;

 

(5) positions of employees whose classification is pilot or chief pilot;

 

(6) administrative law judge and compensation judge positions in the Office of Administrative Hearings;

 

(7) positions of all confidential employees; and

 

(8) positions of employees of the State Board of Investment who are employed under the terms and conditions of the compensation plan approved under section 43A.18, subdivision 3b.

 

(b) The governor may upon the unanimous written request of exclusive representatives of units and the commissioner direct that negotiations be conducted for one or more units in a common proceeding or that supplemental negotiations be conducted for portions of a unit or units defined on the basis of appointing authority or geography.

 

Sec. 32.  Minnesota Statutes 2022, section 179A.104, subdivision 1, is amended to read:

 

Subdivision 1.  Employee units.  (a) The state Board of Public Defense shall meet and negotiate with the exclusive representative of each of the statewide units specified in this section.  The units provided in this section are the only appropriate statewide units for state employees of the board.  Employees of the state Board of Public Defense, unless otherwise excluded, are included within the units which include the classifications to which they are assigned for purposes of compensation.  The following are the appropriate statewide units of state employees of the board:

 

(1) Assistant District and Assistant State Public Defender Unit; and

 

(2) Clerical and Support Staff Unit.

 

(b) Each unit consists of the classifications or positions assigned to it in the schedule of job classifications and positions maintained by the state Board of Public Defense.

 

Sec. 33.  Minnesota Statutes 2022, section 179A.12, subdivision 1, is amended to read:

 

Subdivision 1.  Certification continued.  (a) Any employee organization holding formal recognition by order of the commissioner or by employer voluntary recognition on the effective date of Extra Session Laws 1971, chapter 33, under any law that is repealed by Extra Session Laws 1971, chapter 33, is certified as the exclusive representative until it is decertified or another representative is certified in its place.

 

(b) Any teacher organization as defined by Minnesota Statutes 1969, section 125.20, subdivision 3, which on the effective date of Extra Session Laws 1971, chapter 33, has a majority of its members on a teacher's council in a school district as provided in Minnesota Statutes 1969, section 125.22 is certified as the exclusive representative of all teachers of that school district until the organization is decertified or another organization is certified in its place.


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Sec. 34.  Minnesota Statutes 2022, section 179A.15, is amended to read:

 

179A.15 MEDIATION.

 

Subdivision 1.  Petitioning commissioner.  Once notice has been given under section 179A.14, the employer or the exclusive representative may petition the commissioner for mediation services.

 

Subd. 2.  Petition requirements; scheduling mediation.  (a) A petition by an employer shall be signed by the employer or an authorized officer or agent.  A petition by an exclusive representative shall be signed by its authorized officer.  All petitions shall be served on the commissioner in writing.  The petition shall state briefly the nature of the disagreement of the parties. 

 

(b) Upon receipt of a petition and upon concluding that mediation would be useful, the commissioner shall fix a time and place for a conference meeting with the parties to negotiate the issues not agreed upon, and shall then take the most expedient steps to bring about a settlement, including assisting in negotiating and drafting an agreement.

 

Subd. 3.  Commissioner-initiated mediation.  If the commissioner determines that mediation would be useful in resolving a dispute, the commissioner may mediate the dispute even if neither party has filed a petition for mediation.  In these cases, the commissioner shall proceed as if a petition had been filed.

 

Subd. 4.  Mediation restricted.  The commissioner shall not furnish mediation services to any employee or employee representative who is not certified as an exclusive representative.

 

Subd. 5.  Mediation meetings.  All parties shall respond to the summons of the commissioner for conferences meetings and shall continue in conference meeting until excused by the commissioner.

 

Sec. 35.  Minnesota Statutes 2022, section 179A.16, subdivision 1, is amended to read:

 

Subdivision 1.  Petitioning for arbitration; nonessential employees.  (a) An exclusive representative or an employer of a unit of employees other than essential employees may request interest arbitration by providing written notice of the request to the other party and the commissioner.  The written request for arbitration must specify the items to be submitted to arbitration and whether conventional, final-offer total-package, or final-offer item-by-item arbitration is contemplated by the request.

 

(b) The items to be submitted to arbitration and the form of arbitration to be used are subject to mutual agreement.  If an agreement to arbitrate is reached, it must be reduced to writing and a copy of the agreement filed with the commissioner.  A failure to respond, or to reach agreement on the items or form of arbitration, within 15 days of receipt of the request to arbitrate constitutes a rejection of the request.

 

Sec. 36.  Minnesota Statutes 2022, section 179A.16, subdivision 7, is amended to read:

 

Subd. 7.  Decision by Arbitrator or arbitrator panel; issuing decision.  (a) The decision must be issued by the arbitrator or a majority vote of the panel.  The decision must resolve the issues in dispute between the parties as submitted by the commissioner.  For principals and assistant principals, the arbitrator or panel is restricted to selecting between the final offers of the parties on each impasse item.  For other employees, if the parties agree in writing, the arbitrator or panel is restricted to selecting between the final offers of the parties on each impasse item, or the final offer of one or the other parties in its entirety.  In considering a dispute and issuing its decision, the arbitrator or panel shall consider the statutory rights and obligations of public employers to efficiently manage and conduct their operations within the legal limitations surrounding the financing of these operations.  The decision is final and binding on all parties.


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(b) The arbitrator or panel shall render its decision within 30 days from the date that all arbitration proceedings have concluded.  The arbitrator or panel may not request that the parties waive their right to have the decision rendered within 30 days, unless the commissioner grants an extension of the deadline.  The commissioner shall remove from the roster for six months the name of any arbitrator who does not render the decision within 30 days or within the extension granted by the commissioner.  The commissioner shall adopt rules establishing criteria to be followed in determining whether an extension should be granted.  The decision must be for the period stated in the decision, except that decisions determining contracts for teacher units are effective to the end of the contract period determined by section 179A.20.

 

(c) The arbitrator or panel shall send its decision to the commissioner, the appropriate representative of the public employer, and the employees.  If any issues submitted to arbitration are settled voluntarily before the arbitrator or panel issues a decision, the arbitrator or panel shall report the settlement to the commissioner.

 

(d) The parties may, at any time before or after issuance of a decision of the arbitrator or panel, agree upon terms and conditions of employment regardless of the terms and conditions of employment determined by the decision.  The parties shall, if so agreeing, execute a written contract or memorandum of contract.

 

Sec. 37.  Minnesota Statutes 2022, section 179A.18, subdivision 2, is amended to read:

 

Subd. 2.  School district requirements.  Except as otherwise provided by section 179A.17, subdivision 1, teachers employed by a local school district, other than principals and assistant principals, may strike only under the following circumstances:

 

(1)(i) the collective bargaining agreement between their exclusive representative and their employer has expired or, if there is no agreement, impasse under section 179A.17, subdivision 1, has occurred; and

 

(ii) the exclusive representative and the employer have participated in mediation over a period of at least 30 days.  For the purposes of this item the mediation period commences on the day that a mediator designated by the commissioner first attends a conference meeting with the parties to negotiate the issues not agreed upon; and

 

(iii) neither party has requested interest arbitration or a request for binding interest arbitration has been rejected; or

 

(2) the employer violates section 179A.13, subdivision 2, clause (9).

 

Sec. 38.  Minnesota Statutes 2022, section 179A.18, subdivision 3, is amended to read:

 

Subd. 3.  Strike notice.  (a) In addition to the other requirements of this section, no employee may strike unless written notification of intent to strike is served on the employer and the commissioner by the exclusive representative at least ten days prior to the commencement of the strike.  For all employees other than teachers, if more than 30 days have expired after service of a notification of intent to strike, no strike may commence until ten days after service of a new written notification.  For teachers, no strike may commence more than 25 days after service of notification of intent to strike unless, before the end of the 25-day period, the exclusive representative and the employer agree that the period during which a strike may commence shall be extended for an additional period not to exceed five days.  Teachers are limited to one notice of intent to strike for each contract negotiation period, provided, however, that a strike notice may be renewed for an additional ten days, the first five of which shall be a notice period during which no strike may occur, if the following conditions have been satisfied:

 

(1) an original notice was provided pursuant to this section; and

 

(2) a tentative agreement to resolve the dispute was reached during the original strike notice period; and

 

(3) such tentative agreement was rejected by either party during or after the original strike notice period.


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(b) The first day of the renewed strike notice period shall commence on the day following the expiration of the previous strike notice period or the day following the rejection of the tentative agreement, whichever is later.  Notification of intent to strike under subdivisions 1, clause (1); and 2, clause (1), may not be served until the collective bargaining agreement has expired, or if there is no agreement, on or after the date impasse under section 179A.17 has occurred.

 

Sec. 39.  Minnesota Statutes 2022, section 179A.19, subdivision 6, is amended to read:

 

Subd. 6.  Hearings.  (a) Any public employee is entitled to request the opportunity to establish that the employee did not violate this section.  The request shall be filed in writing with the officer or body having the power to remove the employee, within ten days after notice of termination is served upon the employee.  The employing officer or body shall within ten days commence a proceeding at which the employee shall be entitled to be heard for the purpose of determining whether the provisions of this section have been violated by the public employee.  If there are contractual grievance procedures, laws or rules establishing proceedings to remove the public employee, the hearing shall be conducted in accordance with whichever procedure the employee elects.  The election shall be binding and shall terminate any right to the alternative procedures.  The same proceeding may include more than one employee's employment status if the employees' defenses are identical, analogous, or reasonably similar.  The proceedings shall be undertaken without unnecessary delay.

 

(b) Any person whose termination is sustained in the administrative or grievance proceeding may appeal in accordance with chapter 14.

 

Sec. 40.  Minnesota Statutes 2022, section 179A.20, subdivision 4, is amended to read:

 

Subd. 4.  Grievance procedure.  (a) All contracts must include a grievance procedure providing for compulsory binding arbitration of grievances including all written disciplinary actions.  If the parties cannot agree on the grievance procedure, they are subject to the grievance procedure promulgated adopted by the commissioner under section 179A.04, subdivision 3, paragraph (a), clause (h) (8).

 

(b) Notwithstanding any home rule charter to the contrary, after the probationary period of employment, any disciplinary action is subject to the grievance procedure and compulsory binding arbitration.

 

(c) Employees covered by civil service systems created under chapter 43A, 44, 375, 387, 419, or 420, by a home rule charter under chapter 410, or by Laws 1941, chapter 423, may pursue a grievance through the procedure established under this section.  When the grievance is also within the jurisdiction of appeals boards or appeals procedures created by chapter 43A, 44, 375, 387, 419, or 420, by a home rule charter under chapter 410, or by Laws 1941, chapter 423, the employee may proceed through the grievance procedure or the civil service appeals procedure, but once a written grievance or appeal has been properly filed or submitted by the employee or on the employee's behalf with the employee's consent the employee may not proceed in the alternative manner.

 

(d) A teacher who elects a hearing before an arbitrator under section 122A.40, subdivision 15, or 122A.41, subdivision 13, or who elects or acquiesces to a hearing before the school board may not later proceed in the alternative manner nor challenge the termination or discharge through a grievance procedure required by this subdivision.

 

(e) This section does not require employers or employee organizations to negotiate on matters other than terms and conditions of employment.


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Sec. 41.  Minnesota Statutes 2022, section 179A.23, is amended to read:

 

179A.23 LIMITATION ON CONTRACTING-OUT OF SERVICES PROVIDED BY MEMBERS OF A STATE OF MINNESOTA OR UNIVERSITY OF MINNESOTA BARGAINING UNIT.

 

(a) Any contract entered into after March 23, 1982, by the state of Minnesota or the University of Minnesota involving services, any part of which, in the absence of the contract, would be performed by members of a unit provided in sections 179A.10 and 179A.11, shall be subject to section 16C.06 and shall provide for the preferential employment by a party of members of that unit whose employment with the state of Minnesota or the University of Minnesota is terminated as a result of that contract.

 

(b) Contracts entered into by the state of Minnesota for the purpose of providing court reporter services or transcription of the record of a hearing which was recorded by means of an audio magnetic recording device shall be subject to section 16C.08 and the preferential employment provisions enumerated in this section.  Any court reporter seeking a contract pursuant to the preferential employment provisions of this section shall be given preference when the services are needed only if that court reporter's charges for the services requested are no greater than the average of the charges made for the identical services by other court reporters in the same locality who are also under contract with the state for those services.

 

Sec. 42.  [181.173] SALARY RANGES REQUIRED IN JOB POSTINGS.

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given to them in this subdivision.

 

(b) "Employer" means a person or entity that employs 30 or more employees at a minimum of one site and includes an individual, corporation, partnership, association, nonprofit organization, group of persons, state, county, town, city, school district, or other governmental subdivision.

 

(c) "Posting" means any solicitation intended to recruit job applicants for a specific available position, including recruitment done directly by an employer or indirectly through a third party, and includes any postings made electronically or via printed hard copy, that includes qualifications for desired applicants.

 

(d) "Salary range" means the minimum and maximum annual salary or hourly range of compensation for a job opportunity of the employer at the time of the posting of an advertisement for such opportunity. 

 

Subd. 2.  Salary ranges in job postings required.  (a) An employer must disclose in each posting for each job opening with the employer the starting salary range, and a general description of all of the benefits and other compensation to be offered to a hired job applicant. 

 

(b) An employer that does not plan to offer a salary range for a position must list a fixed pay rate.  A salary range may not be open ended.

 

EFFECTIVE DATE.  This section is effective January 1, 2025.

 

Sec. 43.  Minnesota Statutes 2023 Supplement, section 181.212, subdivision 7, is amended to read:

 

Subd. 7.  Voting.  The affirmative vote of five board members is required for the board to take any action, including actions necessary to establish minimum nursing home employment standards under section 181.213.  At least two of the five affirmative votes must be cast by the commissioner members or their appointees.


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Sec. 44.  Minnesota Statutes 2023 Supplement, section 181.531, subdivision 3, is amended to read:

 

Subd. 3.  Notice.  (a) The commissioner shall develop an educational poster providing notice of employees' rights provided under this section.  The notice shall be available in English and the five most common languages spoken in Minnesota.

 

Within 30 days of August 1, 2023, (b) An employer subject to this section shall post and keep posted, a the notice of employee rights under this section created pursuant to this subdivision in a place where employee notices are customarily placed located within the workplace.

 

EFFECTIVE DATE.  This section is effective October 1, 2024.

 

Sec. 45.  Minnesota Statutes 2023 Supplement, section 181.939, subdivision 2, is amended to read:

 

Subd. 2.  Pregnancy accommodations.  (a) An employer must provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth upon request, with the advice of a licensed health care provider or certified doula, unless the employer demonstrates that the accommodation would impose an undue hardship on the operation of the employer's business.  A pregnant employee shall not be required to obtain the advice of a licensed health care provider or certified doula, nor may an employer claim undue hardship for the following accommodations:  (1) more frequent or longer restroom, food, and water breaks; (2) seating; and (3) limits on lifting over 20 pounds.  The employee and employer shall engage in an interactive process with respect to an employee's request for a reasonable accommodation.  Reasonable accommodation may include but is not limited to temporary transfer to a less strenuous or hazardous position, temporary leave of absence, modification in work schedule or job assignments, seating, more frequent or longer break periods, and limits to heavy lifting.  Notwithstanding any other provision of this subdivision, an employer shall not be required to create a new or additional position in order to accommodate an employee pursuant to this subdivision and shall not be required to discharge an employee, transfer another employee with greater seniority, or promote an employee.

 

(b) Nothing in this subdivision shall be construed to affect any other provision of law relating to sex discrimination or pregnancy or in any way diminish the coverage of pregnancy, childbirth, or health conditions related to pregnancy or childbirth under any other provisions of any other law.

 

(c) An employer shall not require an employee to take a leave or accept an accommodation.

 

(d) An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for asserting rights or remedies under this subdivision.

 

(e) For the purposes of this subdivision, "employer" means a person or entity that employs one or more employees and includes the state and its political subdivisions.

 

(f) During any leave for which an employee is entitled to benefits or leave under this subdivision, the employer must maintain coverage under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents as if the employee was not on leave, provided, however, that the employee must continue to pay any employee share of the cost of the benefits.

 

Sec. 46.  Minnesota Statutes 2022, section 181.941, subdivision 4, is amended to read:

 

Subd. 4.  Continued insurance.  The employer must continue to make coverage available to the employee while on leave of absence under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents.  Nothing in this section requires the employer to pay the costs of the insurance or health care while the employee is on leave of absence.  During any leave for which an employee is entitled to


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benefits or leave under this section, the employer must maintain coverage under any group insurance policy, group subscriber contract, or health care plan for the employee and any dependents as if the employee was not on leave, provided, however, that the employee must continue to pay any employee share of the cost of the benefits.

 

Sec. 47.  Minnesota Statutes 2022, section 181.943, is amended to read:

 

181.943 RELATIONSHIP TO OTHER LEAVE.

 

(a) The length of leave provided under section 181.941 may be reduced by any period of:

 

(1) paid parental, disability, personal, medical, or sick leave, or accrued vacation provided by the employer so that the total leave does not exceed 12 weeks, unless agreed to by the employer; or

 

(2) leave taken for the same purpose by the employee under United States Code, title 29, chapter 28.

 

(b) Nothing in sections 181.940 to 181.943 prevents any employer from providing leave benefits in addition to those provided in sections 181.940 to 181.944 or otherwise affects an employee's rights with respect to any other employment benefit.

 

(c) Notwithstanding paragraphs (a) and (b), the length of leave provided under section 181.941 must not be reduced by any period of paid or unpaid leave taken for prenatal care medical appointments.

 

Sec. 48.  Minnesota Statutes 2022, section 181.950, is amended by adding a subdivision to read:

 

Subd. 9a.  Oral fluid test.  "Oral fluid test" means analysis of a saliva sample for the purpose of measuring the presence of the same substances as drug and alcohol testing and cannabis testing that:

 

(1) can detect drugs, alcohol, cannabis, or their metabolites in levels at or above the threshold detection levels contained in the standards of one of the programs listed in section 181.953, subdivision 1; and

 

(2) does not require the services of a testing laboratory under section 181.953, subdivision 1.

 

Sec. 49.  Minnesota Statutes 2022, section 181.951, subdivision 1, is amended to read:

 

Subdivision 1.  Limitations on testing.  (a) An employer may not request or require an employee or job applicant to undergo drug and alcohol testing except as authorized in this section.

 

(b) An employer may not request or require an employee or job applicant to undergo drug or alcohol testing unless the testing is done pursuant to a written drug and alcohol testing policy that contains the minimum information required in section 181.952; and, either:  (1) is conducted by a testing laboratory which participates in one of the programs listed in section 181.953, subdivision 1; or (2) complies with the oral fluid test procedures under section 181.953, subdivision 5a.

 

(c) An employer may not request or require an employee or job applicant to undergo drug and alcohol testing on an arbitrary and capricious basis.


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Sec. 50.  Minnesota Statutes 2023 Supplement, section 181.953, subdivision 1, is amended to read:

 

Subdivision 1.  Use of licensed, accredited, or certified laboratory required.  (a) Except as provided under subdivision 5a, an employer who requests or requires an employee or job applicant to undergo drug or alcohol testing or cannabis testing shall use the services of a testing laboratory that meets one of the following criteria for drug testing:

 

(1) is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines published at 53 Federal Register 11970 to 11989, April 11, 1988;

 

(2) is accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093‑2750, under the forensic urine drug testing laboratory program; or

 

(3) is licensed to test for drugs by the state of New York, Department of Health, under Public Health Law, article 5, title V, and rules adopted under that law.

 

(b) For alcohol testing, the laboratory must either be:

 

(1) licensed to test for drugs and alcohol by the state of New York, Department of Health, under Public Health Law, article 5, title V, and the rules adopted under that law; or

 

(2) accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, in the laboratory accreditation program.

 

Sec. 51.  Minnesota Statutes 2023 Supplement, section 181.953, subdivision 3, is amended to read:

 

Subd. 3.  Laboratory testing, reporting, and sample retention requirements.  (a) A testing laboratory that is not certified by the National Institute on Drug Abuse according to subdivision 1 shall follow the chain-of-custody procedures prescribed for employers in subdivision 5.  A testing laboratory shall conduct a confirmatory test on all samples that produced a positive test result on an initial screening test.  A laboratory shall disclose to the employer a written test result report for each sample tested within three working days after a negative test result on an initial screening test or, when the initial screening test produced a positive test result, within three working days after a confirmatory test.  A test report must indicate the drugs, alcohol, drug or alcohol metabolites, or cannabis or cannabis metabolites tested for and whether the test produced negative or positive test results.  A laboratory shall retain and properly store for at least six months all samples that produced a positive test result.

 

(b) This subdivision and the chain-of-custody procedures under subdivision 5 do not apply to oral fluid testing under subdivision 5a.

 

Sec. 52.  Minnesota Statutes 2023 Supplement, section 181.953, is amended by adding a subdivision to read:

 

Subd. 5a.  Oral fluid testing.  (a) An employer may elect to comply with the oral fluid testing procedures under this subdivision as an alternative to the drug and alcohol testing or cannabis testing procedures for job applicants in this section.

 

(b) An employer may request or require a job applicant to undergo oral fluid testing.  If the oral fluid test indicates a positive test result or the test is inconclusive or invalid, the job applicant must undergo drug or alcohol testing or cannabis testing using the services of a testing laboratory under subdivision 1 within 48 hours of the oral fluid test to remain eligible for the job.  The rights, notice, retest procedures, and limitations on withdrawal of a job offer in subdivisions 6 to 11 apply to the job applicant and a laboratory test conducted pursuant to this paragraph.


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Sec. 53.  [181.9881] RESTRICTIVE EMPLOYMENT COVENANTS; VOID IN SERVICE CONTRACTS.

 

Subdivision 1.  Definitions.  (a) "Customer" means an individual, partnership, association, corporation, business, trust, or group of persons hiring a service provider for services.

 

(b) "Employee," as used in this section, means any individual who performs services for a service provider, including independent contractors.  "Independent contractor" has the meaning given in section 181.988, subdivision 1, paragraph (d).

 

(c) "Service provider" means any partnership, association, corporation, business, trust, or group of persons acting directly or indirectly as an employer or manager for work contracted or requested by a customer.

 

Subd. 2.  Restrictive employment covenants; void and unenforceable.  (a) No service provider may restrict, restrain, or prohibit in any way a customer from directly or indirectly soliciting or hiring an employee of a service provider.

 

(b) Any provision of an existing contract that violates paragraph (a) is void and unenforceable.

 

(c) When a provision in an existing contract violates this section, the service provider must provide notice to their employees of this section and the restrictive covenant in the existing contract that violates this section.

 

EFFECTIVE DATE.  This section is effective July 1, 2024, and applies to contracts and agreements entered into on or after that date.

 

Sec. 54.  Minnesota Statutes 2022, section 181A.08, is amended to read:

 

181A.08 POWERS AND DUTIES OF THE DEPARTMENT.

 

Subdivision 1.  Inspections.  The commissioner, an authorized representative, or any truant officer may enter and inspect the place of business or employment and may interview any employees, of any employer of employees in any occupation in the state, all for the purpose of ascertaining whether any minors are employed contrary to the provisions of sections 181A.01 to 181A.12.  Such authorized persons may require that employment certificates, age certificates, and lists of minors employed shall be produced for their inspection.

 

Subd. 2.  Compliance orders.  The commissioner or an authorized representative may issue an order requiring an employer to comply with the provisions of sections 181A.01 to 181A.12 or with any rules promulgated under the provisions of section 181A.09.  Any such order shall be served by the department upon the employer or an authorized representative in person or by certified mail at the employers place of business.  If an employer wishes to contest the order for any reason, the employer shall file written notice of objection with the commissioner within ten 15 calendar days after service of said order upon said employer.  Thereafter, a public hearing shall be held in accordance with the provisions of sections 14.57 to 14.69, and such rules consistent therewith as the commissioner shall make.  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.

 

Subd. 2a.  Employer liability.  If an employer is found by the commissioner to have violated any provision of sections 181A.01 to 181A.12, or any rules promulgated under section 181A.09, and the commissioner issues an order to comply under subdivision 2, the commissioner shall order the employer to cease and desist from engaging in the violative practice and to take affirmative steps that in the judgment of the commissioner will effectuate the purposes of the section or rule violated.  The commissioner may order the employer to reimburse the department and the attorney general for appropriate litigation and hearing costs expended in preparation for and in conducting the


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contested case proceeding, unless payment of costs would impose extreme financial hardship on the employer.  If the employer is able to establish extreme financial hardship, then the commissioner may order the employer to pay a percentage of the total costs that will not cause extreme financial hardship.  Costs include but are not limited to the costs of services rendered by the attorney general, private attorneys if engaged by the department, administrative law judges, court reporters, and expert witnesses as well as the cost of transcripts.  Interest shall accrue on, and be added to, the unpaid balance of a commissioner's order from the date the order is signed by the commissioner until it is paid, at an annual rate provided in section 549.09, subdivision 1, paragraph (c).

 

Subd. 3.  Restraining orders.  The commissioner or an authorized representative may apply to any court of competent jurisdiction for an order restraining the violation of an order issued by the commissioner pursuant to subdivision 2, or for an order enjoining and restraining violations of this chapter or rules adopted pursuant to section 181A.09.

 

Sec. 55.  Minnesota Statutes 2022, section 181A.12, subdivision 1, is amended to read:

 

Subdivision 1.  Fines; penalty.  (a) Any employer who hinders or delays the department or its authorized representative in the performance of its duties under sections 181A.01 to 181A.12 or refuses to admit the commissioner or an authorized representative to any place of employment or refuses to make certificates or lists available as required by sections 181A.01 to 181A.12, or otherwise violates any provisions of sections 181A.01 to 181A.12 or any rules issued pursuant thereto shall be assessed a fine to be paid to the commissioner for deposit in the general fund.  The fine may be recovered in a civil action in the name of the department brought in the district court of the county where the violation is alleged to have occurred or the district court where the commissioner has an office.  Fines are in up to the amounts as follows for each violation:

 

 

(1)

employment of minors under the age of 14 (each employee)

 

 

 

$500

 

 

(2)

employment of minors under the age of 16 during school hours while school is in session (each employee)

 

 

 

 

500

 

 

(3)

employment of minors under the age of 16 before 7:00 a.m. (each employee)

 

 

 

500

 

 

(4)

employment of minors under the age of 16 after 9:00 p.m. (each employee)

 

 

 

500

 

 

(5)

employment of a high school student under the age of 18 in violation of section 181A.04, subdivision 6 (each employee)

 

 

 

 

1,000

 

 

(6)

employment of minors under the age of 16 over eight hours a day (each employee)

 

 

 

500

 

 

(7)

employment of minors under the age of 16 over 40 hours a week (each employee)

 

 

 

500

 

 

(8)

employment of minors under the age of 18 in occupations hazardous or detrimental to their well‑being as defined by rule (each employee)

 

 

 

 

1,000

 

 

(9)

employment of minors under the age of 16 in occupations hazardous or detrimental to their well‑being as defined by rule (each employee)

 

 

 

 

1,000

 

 

(10)

minors under the age of 18 injured in hazardous employment (each employee)

 

 

 

5,000

 

 

(11)

minors employed without proof of age (each employee)

 

 

 

250

 


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(b) An employer who refuses to make certificates or lists available as required by sections 181A.01 to 181A.12 shall be assessed a $500 fine.

 

(c) Notwithstanding the factors in section 14.045, subdivision 3, the commissioner need only consider the size of the business of the employer, the gravity of the violation, and the history of previous violations when determining the total amount of fines to issue under this subdivision.

 

Sec. 56.  Minnesota Statutes 2022, section 181A.12, is amended by adding a subdivision to read:

 

Subd. 4.  Liquidated damages.  An employer who employs a minor in violation of section 181A.04, subdivision 5, may be liable to the minor for an amount equal to the minor's regular rate of pay for all hours worked in violation of section 181A.04, subdivision 5, as liquidated damages, in addition to the wages earned by the minor.

 

Sec. 57.  Minnesota Statutes 2022, section 181A.12, is amended by adding a subdivision to read:

 

Subd. 5.  Retaliation.  An employer shall not discharge, discipline, penalize, interfere with, threaten, restrain, coerce, or otherwise retaliate or discriminate against an employee for asserting rights or remedies under sections 181A.01 to 181A.12 or any rules promulgated under section 181A.09, including but not limited to filing a complaint with the department, informing the employer of the employee's intention to file a complaint, or participating in an investigation by the department.  In addition to any other remedies provided by law, the commissioner may order an employer in violation of this subdivision to provide back pay, compensatory damages, reinstatement, and any other appropriate relief to the aggrieved employee.

 

Sec. 58.  Minnesota Statutes 2023 Supplement, section 182.6526, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) The terms defined in this subdivision have the meanings given.

 

(b) "Aggregated employee work speed data" means a compilation of employee work speed data for multiple employees, in summary form, assembled in full or in another form such that the data cannot be identified with any individual.

 

(c) "Commissioner" means the commissioner of labor and industry.

 

(d)(1) Except as provided in clause (2), "employee" means an employee a person who meets the definition in section 182.651, subdivision 9, and who works at a warehouse distribution center.

 

(2) For the purposes of subdivisions 2, 3, and 4 only, "employee" means a nonexempt employee performing a person who meets the definition in section 182.651, subdivision 9, does not meet any of the exceptions set forth in section 177.23, subdivision 7, clauses (1) to (19), and who performs warehouse work occurring on the property of a warehouse distribution center and.  Employee does not include a nonexempt employee any person performing solely manufacturing, administrative, sales, accounting, human resources, or driving work at, or to and from, a warehouse distribution center.

 

(e) "Employee work speed data" means information an employer collects, stores, analyzes, or interprets relating to an individual employee's performance of a quota, including but not limited to quantities of tasks performed, quantities of items or materials handled or produced, rates or speeds of tasks performed, measurements or metrics of employee performance in relation to a quota, and time categorized as performing tasks or not performing tasks.  Employee work speed data does not include itemized earnings statements pursuant to chapter 181, except for any content of those records that includes employee work speed data as defined in this paragraph.


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(f) "Employer" means a person who meets the definition in section 182.651, subdivision 7, and who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary service, or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of 250 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state.  For purposes of this paragraph, all employees of an employer's unitary business, as defined in section 290.17, subdivision 4, shall be counted in determining the number of employees employed at a single warehouse distribution center or at one or more warehouse distribution centers in the state.

 

(g) "Warehouse distribution center" means an establishment as defined by any of the following North American Industry Classification System (NAICS) codes:

 

(1) 493110 for General Warehousing and Storage;

 

(2) 423 for Merchant Wholesalers, Durable Goods;

 

(3) 424 for Merchant Wholesalers, Nondurable Goods;

 

(4) 454110 for Electronic Shopping and Mail-Order Houses; and

 

(5) 492110 for Couriers and Express Delivery Services.

 

(h) "Quota" means a work standard under which:

 

(1) an employee or group of employees is assigned or required to perform at a specified productivity speed, or perform a quantified number of tasks, or handle or produce a quantified amount of material, or perform without a certain number of errors or defects, as measured at the individual or group level within a defined time period; or

 

(2) an employee's actions are categorized and measured between time performing tasks and not performing tasks, and the employee's failure to complete a task performance standard may have an adverse impact on the employee's continued employment.

 

Sec. 59.  Minnesota Statutes 2022, section 182.664, subdivision 3, is amended to read:

 

Subd. 3.  Powers and duties of board.  The review board shall review and decide appeals from final decisions and orders of the commissioner, including decisions issued by administrative law judges, petitions to vacate final orders of the commissioner, and with the agreement of the parties, may review and decide petitions for decisions based on stipulated facts.  The powers of the board in the conduct of hearings, including the power to sign decisions and orders, may be delegated to a member, members, or the board chair.  The board may schedule a hearing for purposes of taking oral argument.  A notice stating the time and place of the hearing must be given ten days in advance of such a hearing to the parties and copies of the notice of such hearing shall be served by the employer as rules of the board shall require.  The hearings shall be open to the public and the board's decisions and orders shall be maintained and available for examination.  Chapter 13D does not apply to meetings or hearings of the board when the board is deliberating to reach its decision on an appeal or petition under its jurisdiction.

 

Sec. 60.  Minnesota Statutes 2022, section 182.664, subdivision 5, is amended to read:

 

Subd. 5.  Authority of board; standard scope of review.  (a) For the purpose of carrying out its functions under this chapter, two members of the board shall constitute a quorum and official action can be taken only on the affirmative vote of at least two members.  The decisions and orders of an administrative law judge, or final orders of the commissioner, may be appealed to the review board by the employer, employee, or their authorized representatives or any party, within 30 days following service by mail of the administrative law judge's decision and order, or final order of the commissioner.


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(b) The review board shall have authority to revise, confirm affirm, remand, or reverse the decision and order of administrative law judges, or.

 

(c) The review board shall also have authority to affirm, or vacate and remand, final orders of the commissioner when a petition to vacate a final order is filed.  The board shall only vacate and remand a final order of the commissioner relating to a petition to vacate upon a showing of good cause.  For purposes of this section, good cause is limited to fraud, mistake of fact or by the commissioner, mistake of law by the commissioner, or newly discovered evidence.

 

Sec. 61.  Minnesota Statutes 2022, section 182.665, is amended to read:

 

182.665 JUDICIAL REVIEW.

 

Any person aggrieved by a final order of the board in a contested case, by a final order of the board on a petition to vacate a final order of the commissioner, or by any standard, rule, or order promulgated by the commissioner, is entitled to judicial review thereof in accordance with the applicable provisions of chapter 14.

 

Sec. 62.  Minnesota Statutes 2022, section 182.666, subdivision 6, is amended to read:

 

Subd. 6.  Authority to assess fines; considerations.  Only the commissioner shall have authority to assess all proposed fines provided in this section, giving.  Notwithstanding the factors in section 14.045, subdivision 3, the commissioner must give due consideration only to the following factors:

 

(1) appropriateness of the fine with respect to the size of the business of the employer,;

 

(2) the gravity of the violation,;

 

(3) the good faith of the employer,; and

 

(4) the history of previous violations.

 

Sec. 63.  Minnesota Statutes 2022, section 182.667, is amended by adding a subdivision to read:

 

Subd. 4.  Investigative data.  The commissioner may share active and inactive civil investigative data pursuant to section 13.39 with a city or county attorney for purposes of enforcing this section.  The commissioner may share complete data and need not withhold any data under the requirements of chapter 13 or 182 or any other state privacy law.

 

Sec. 64.  Minnesota Statutes 2023 Supplement, section 182.677, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the definitions in this subdivision apply unless otherwise specified.

 

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

 

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


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

 

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

 

Sec. 65.  Minnesota Statutes 2023 Supplement, section 182.677, subdivision 2, is amended to read:

 

Subd. 2.  Ergonomics program required.  (a) Every employer with employees at a licensed health care facility, warehouse distribution center, or meatpacking site in the state shall create and implement an effective written ergonomics program establishing the employer's plan to minimize the risk of its employees developing or aggravating musculoskeletal disorders.  The ergonomics program shall focus on eliminating the risk.  To the extent risk exists, the ergonomics program must include feasible administrative or engineering controls to reduce the risk.

 

(b) The program shall include:

 

(1) an assessment to identify and reduce musculoskeletal disorder risk factors in the facility;

 

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

 

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

 

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

 

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

 

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

 

Sec. 66.  [182.678] SURGICAL SMOKE EVACUATION SYSTEM POLICIES.

 

Subdivision 1.  Definitions.  (a) For purposes of this section, the terms defined in this subdivision have the meanings given.

 

(b) "Surgical smoke" means the gaseous by-product produced by energy-generating devices including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, or lung-damaging dust. 

 

(c) "Smoke evacuation system" means equipment that effectively captures and filters surgical smoke at the site of origin before the smoke makes contact with the eyes or the respiratory tract of occupants in the room. 

 

(d) "Health care employer" means a hospital as defined in section 144.50, subdivision 2, or an ambulatory surgical facility or outpatient surgical center as defined in section 144.55, subdivision 2, paragraph (b).

 

Subd. 2.  Surgical smoke evacuation system policies required.  A health care employer shall adopt and implement policies to prevent exposure to surgical smoke by requiring the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke.


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Subd. 3.  Enforcement.  This section shall be enforced by the commissioner under sections 182.66 and 182.661.  A violation of this section is subject to the penalties provided under section 182.666.

 

EFFECTIVE DATE.  This section is effective January 1, 2025.

 

Sec. 67.  Minnesota Statutes 2023 Supplement, section 204B.19, subdivision 6, is amended to read:

 

Subd. 6.  Trainee election judges.  (a) Notwithstanding any other requirements of this section, a student enrolled in a high school in Minnesota or who is in a home school in compliance with sections 120A.22 and 120A.24, who has attained the age of 16 is eligible to be appointed as a without party affiliation trainee election judge in the county in which the student maintains residence, or a county adjacent to the county in which the student maintains residence.  The student must meet qualifications for trainee election judges specified in rules of the secretary of state.  A student appointed under this subdivision while enrolled in a high school or receiving instruction in a home school may continue to serve as a trainee election judge after the student graduates and until the student reaches the age of 18.

 

(b) A student appointed as a trainee election judge may be excused from school attendance during the hours that the student is serving as a trainee election judge if the student submits a written request signed and approved by the student's parent or guardian to be absent from school and a certificate from the appointing authority stating the hours during which the student will serve as a trainee election judge to the principal of the school at least ten days prior to the election.  A trainee election judge shall not serve after 10:00 p.m. Notwithstanding section 177.24 to the contrary, trainee election judges may be paid not less than two-thirds of the minimum wage for a large an employer.  The principal of the school may approve a request to be absent from school conditioned on acceptable academic performance at the time of service as a trainee election judge.

 

EFFECTIVE DATE.  This section is effective January 1, 2025.

 

Sec. 68.  Minnesota Statutes 2022, section 326.02, subdivision 5, is amended to read:

 

Subd. 5.  Limitation.  The provisions of sections 326.02 to 326.15 shall not apply to the preparation of plans and specifications for the erection, enlargement, or alteration of any building or other structure by any person, for that person's exclusive occupancy or use, unless such occupancy or use involves the public health or safety or the health or safety of the employees of said person, or of the buildings listed in section 326.03, subdivision 2, nor to any detailed or shop plans required to be furnished by a contractor to a registered engineer, landscape architect, architect, or certified interior designer, nor to any standardized manufactured product, nor to any construction superintendent supervising the execution of work designed by an architect, landscape architect, engineer, or certified interior designer licensed or certified in accordance with section 326.03, nor to the planning for and supervision of the construction and installation of work by an electrical or elevator contractor or master plumber as defined in and licensed pursuant to chapter 326B, nor to the planning for and supervision of the construction and installation of work by a licensed well contractor as defined and licensed pursuant to chapter 103I, where such work is within the scope of such licensed activity and not within the practice of professional engineering, or architecture, or where the person does not claim to be a certified interior designer as defined in subdivision 2, 3, or 4b.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 69.  Minnesota Statutes 2022, section 326B.0981, subdivision 3, is amended to read:

 

Subd. 3.  Content.  (a) Continuing education consists of approved courses that impart appropriate and related knowledge in the regulated industries pursuant to this chapter and other applicable federal and state laws, rules, and regulations.  Courses may include relevant materials that are included in licensing exams subject to the limitations imposed in subdivision 11.  The burden of demonstrating that courses impart appropriate and related knowledge is upon the person seeking approval or credit.


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(b) Except as required for Internet continuing education, course examinations will not be required for continuing education courses.

 

(c) If textbooks are not used as part of the course, the sponsor must provide students with a syllabus containing the course title; the times and dates of the course offering; the name, address, and telephone number of the course sponsor; the name and affiliation of the instructor; and a detailed outline of the subject materials to be covered.  Any written or printed material given to students must be of readable quality and contain accurate and current information.

 

(d) Upon completion of an approved course, licensees shall earn one hour of continuing education credit for each classroom hour approved by the commissioner.  Each continuing education course must be attended in its entirety in order to receive credit for the number of approved hours.  Courses may be approved for full or partial credit, and for more than one regulated industry.

 

(e) Continuing education credit in an approved course shall be awarded to presenting instructors on the basis of one credit for each hour of the initial presentation.  Continuing education credits for completion of an approved course may only be used once for renewal of a specific license.

 

(f) Courses will be approved using the following guidelines:

 

(1) course content must demonstrate significant intellectual or practical content and deal with matters directly related to the practice in the regulated industry, workforce safety, or the business of running a company in the regulated industry.  Courses may also address the professional responsibility or ethical obligations of a licensee related to work in the regulated industry;

 

(2) the following courses may be approved if they are specifically designed for the regulated industry and are in compliance with paragraph (g):

 

(i) courses approved by the Minnesota Board of Continuing Legal Education; or

 

(ii) courses approved by the International Code Council, National Association of Home Building, or other nationally recognized professional organization of the regulated industry; and

 

(3) courses must be presented and attended in a suitable classroom or construction setting, except for Internet education courses which must meet the requirements of subdivision 5a 4.  Courses presented via video recording, simultaneous broadcast, or teleconference may be approved provided the sponsor is available at all times during the presentation, except for Internet education courses which must meet the requirements of subdivision 5a 4.

 

(g) The following courses will not be approved for credit:

 

(1) courses designed solely to prepare students for a license examination;

 

(2) courses in mechanical office skills, including typing, speed reading, or other machines or equipment.  Computer courses are allowed, if appropriate and related to the regulated industry;

 

(3) courses in sales promotion, including meetings held in conjunction with the general business of the licensee;

 

(4) courses in motivation, salesmanship, psychology, or personal time management;

 

(5) courses that are primarily intended to impart knowledge of specific products of specific companies, if the use of the product or products relates to the sales promotion or marketing of one or more of the products discussed; or


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(6) courses where any of the educational content of the course is the State Building Code that include code provisions that have not been adopted into the State Building Code unless the course materials clarify that the code provisions have been officially adopted into a future version of the State Building Code and the effective date of enforcement.

 

(h) Nothing in this subdivision shall limit an authority expressly granted to the Board of Electricity, Board of High Pressure Piping Systems, or Plumbing Board.

 

Sec. 70.  Minnesota Statutes 2022, section 326B.0981, subdivision 4, is amended to read:

 

Subd. 4.  Internet continuing education.  (a) The design and delivery of an Internet continuing education course must be approved by the International Distance Education Certification Center (IDECC) or the International Association for Continuing Education and Training (IACET) before the course is submitted for the commissioner's approval.  The approval must accompany the course submitted.

 

(b) Paragraphs (a) and (c) (d) do not apply to approval of an Internet continuing education course for manufactured home installers.  An Internet continuing education course for manufactured home installers must be approved by the United States Department of Housing and Urban Development or by the commissioner of labor and industry.  The approval must accompany the course completion certificate issued to each student by the course sponsor.

 

(c) Paragraph (a) does not apply to approval of an Internet continuing education course for elevator constructors.  An Internet continuing education course for elevator constructors must be approved by the commissioner of labor and industry.  The approval must accompany the course completion certificate issued to each student by the course sponsor.

 

(c) (d) An Internet continuing education course must:

 

(1) specify the minimum computer system requirements;

 

(2) provide encryption that ensures that all personal information, including the student's name, address, and credit card number, cannot be read as it passes across the Internet;

 

(3) include technology to guarantee seat time;

 

(4) include a high level of interactivity;

 

(5) include graphics that reinforce the content;

 

(6) include the ability for the student to contact an instructor or course sponsor within a reasonable amount of time;

 

(7) include the ability for the student to get technical support within a reasonable amount of time;

 

(8) include a statement that the student's information will not be sold or distributed to any third party without prior written consent of the student.  Taking the course does not constitute consent;

 

(9) be available 24 hours a day, seven days a week, excluding minimal downtime for updating and administration, except that this provision does not apply to live courses taught by an actual instructor and delivered over the Internet;


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(10) provide viewing access to the online course at all times to the commissioner, excluding minimal downtime for updating and administration;

 

(11) include a process to authenticate the student's identity;

 

(12) inform the student and the commissioner how long after its purchase a course will be accessible;

 

(13) inform the student that license education credit will not be awarded for taking the course after it loses its status as an approved course;

 

(14) provide clear instructions on how to navigate through the course;

 

(15) provide automatic bookmarking at any point in the course;

 

(16) provide questions after each unit or chapter that must be answered before the student can proceed to the next unit or chapter;

 

(17) include a reinforcement response when a quiz question is answered correctly;

 

(18) include a response when a quiz question is answered incorrectly;

 

(19) include a final examination in which the student must correctly answer 70 percent of the questions;

 

(20) allow the student to go back and review any unit at any time, except during the final examination;

 

(21) provide a course evaluation at the end of the course.  At a minimum, the evaluation must ask the student to report any difficulties caused by the online education delivery method;

 

(22) provide a completion certificate when the course and exam have been completed and the provider has verified the completion.  Electronic certificates are sufficient and shall include the name of the provider, date and location of the course, educational program identification that was provided by the department, hours of instruction or continuing education hours, and licensee's or attendee's name and license, certification, or registration number or the last four digits of the licensee's or attendee's Social Security number; and

 

(23) allow the commissioner the ability to electronically review the class to determine if credit can be approved.

 

(d) (e) The final examination must be either an encrypted online examination or a paper examination that is monitored by a proctor who certifies that the student took the examination.

 

Sec. 71.  Minnesota Statutes 2022, section 326B.0981, subdivision 8, is amended to read:

 

Subd. 8.  Facilities.  Except for Internet education offered pursuant to subdivision 5a 4, each course of study must be conducted in a classroom or other facility that is adequate to comfortably accommodate the instructors and the number of students enrolled.  The sponsor may limit the number of students enrolled in a course.

 

Sec. 72.  Minnesota Statutes 2022, section 326B.33, subdivision 7, is amended to read:

 

Subd. 7.  Power limited technician.  (a) Except as otherwise provided by law, no individual shall install, alter, repair, plan, lay out, or supervise the installing, altering, repairing, planning, or laying out of electrical wiring, apparatus, or equipment for technology circuits or systems unless:

 

(1) the individual is licensed by the commissioner as a power limited technician; and


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(2) the electrical work is:

 

(i) for a licensed contractor and the individual is an employee, partner, or officer of, or is the licensed contractor; or

 

(ii) performed under the direct supervision of a master electrician or power limited technician also employed by the individual's employer on technology circuits, systems, apparatus, equipment, or facilities that are owned or leased by the employer and that are located within the limits of property operated, maintained, and either owned or leased by the employer.

 

(b) An applicant for a power limited technician's license shall (1) be a graduate of a four-year electrical course offered by an accredited college or university; or (2) have had at least 36 months' experience, acceptable to the commissioner, in planning for, laying out, supervising, installing, altering, and repairing wiring, apparatus, or equipment for power limited systems, provided however, that up to 12 months (2,000 hours) of experience credit for successful completion of a two-year post high school electrical course or other technical training approved by the commissioner may be allowed.

 

(c) Licensees must attain 16 hours of continuing education acceptable to the board every renewal period.

 

(d) A company holding an alarm and communication license as of June 30, 2003, may designate one individual who may obtain a power limited technician license without passing an examination administered by the commissioner by submitting an application and license fee of $30.

 

(e) A person who has submitted an application by December 30, 2007, to take the power limited technician examination administered by the department is not required to meet the qualifications set forth in paragraph (b).

 

Sec. 73.  Minnesota Statutes 2022, section 326B.33, subdivision 21, is amended to read:

 

Subd. 21.  Exemptions from licensing.  (a) An individual who is a maintenance electrician is not required to hold or obtain a license under sections 326B.31 to 326B.399 if:

 

(1) the individual is engaged in the maintenance and repair of electrical equipment, apparatus, and facilities that are owned or leased by the individual's employer and that are located within the limits of property operated, maintained, and either owned or leased by the individual's employer;

 

(2) the individual is supervised by:

 

(i) the responsible master electrician for a contractor who has contracted with the individual's employer to provide services for which a contractor's license is required; or

 

(ii) a licensed master electrician, a licensed maintenance electrician, an electrical engineer, or, if the maintenance and repair work is limited to technology circuits or systems work, a licensed power limited technician; and

 

(3) the individual's employer has on file with the commissioner a current certificate of responsible person, signed by the responsible master electrician of the contractor, the licensed master electrician, the licensed maintenance electrician, the electrical engineer, or the licensed power limited technician, and stating that the person signing the certificate is responsible for ensuring that the maintenance and repair work performed by the employer's employees complies with the Minnesota Electrical Act and the rules adopted under that act.  The employer must pay a filing fee to file a certificate of responsible person with the commissioner.  The certificate shall expire two years from the date of filing.  In order to maintain a current certificate of responsible person, the employer must resubmit a certificate of responsible person, with a filing fee, no later than two years from the date of the previous submittal.


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(b) Employees of a licensed electrical or technology systems contractor or other employer where provided with supervision by a master electrician in accordance with subdivision 1, or power limited technician in accordance with subdivision 7, paragraph (a), clause (1), are not required to hold a license under sections 326B.31 to 326B.399 for the planning, laying out, installing, altering, and repairing of technology circuits or systems except planning, laying out, or installing:

 

(1) in other than residential dwellings, class 2 or class 3 remote control circuits that control circuits or systems other than class 2 or class 3, except circuits that interconnect these systems through communication, alarm, and security systems are exempted from this paragraph;

 

(2) class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing physically unprotected circuits other than class 2 or class 3; or

 

(3) technology circuits or systems in hazardous classified locations as covered by chapter 5 of the National Electrical Code.

 

(c) Companies and their employees that plan, lay out, install, alter, or repair class 2 and class 3 remote control wiring associated with plug or cord and plug connected appliances other than security or fire alarm systems installed in a residential dwelling are not required to hold a license under sections 326B.31 to 326B.399.

 

(d) Heating, ventilating, air conditioning, and refrigeration contractors and their employees are not required to hold or obtain a license under sections 326B.31 to 326B.399 when performing heating, ventilating, air conditioning, or refrigeration work as described in section 326B.38.

 

(e) Employees of any electrical, communications, or railway utility, cable communications company as defined in section 238.02, or a telephone company as defined under section 237.01 or its employees, or of any independent contractor performing work on behalf of any such utility, cable communications company, or telephone company, shall not be required to hold a license under sections 326B.31 to 326B.399:

 

(1) while performing work on installations, materials, or equipment which are owned or leased, and operated and maintained by such utility, cable communications company, or telephone company in the exercise of its utility, antenna, or telephone function, and which:

 

(i) are used exclusively for the generation, transformation, distribution, transmission, or metering of electric current, or the operation of railway signals, or the transmission of intelligence and do not have as a principal function the consumption or use of electric current or provided service by or for the benefit of any person other than such utility, cable communications company, or telephone company; and

 

(ii) are generally accessible only to employees of such utility, cable communications company, or telephone company or persons acting under its control or direction; and

 

(iii) are not on the load side of the service point or point of entrance for communication systems;

 

(2) while performing work on installations, materials, or equipment which are a part of the street lighting operations of such utility; or

 

(3) while installing or performing work on outdoor area lights which are directly connected to a utility's distribution system and located upon the utility's distribution poles, and which are generally accessible only to employees of such utility or persons acting under its control or direction.


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(f) An owner shall not be individual who physically performs electrical work on a residential dwelling that is located on a property the individual owns and actually occupies as a residence or owns and will occupy as a residence upon completion of its construction is not required to hold or obtain a license under sections 326B.31 to 326B.399 if the residential dwelling has a separate electrical utility service not shared with any other residential dwelling.

 

(g) Companies and their employees licensed under section 326B.164 shall not be required to hold or obtain a license under sections 326B.31 to 326B.399 while performing elevator work.

 

Sec. 74.  Minnesota Statutes 2022, section 326B.36, subdivision 2, is amended to read:

 

Subd. 2.  Technology systems.  (a) The installation of the technology circuits or systems described in paragraph (b), except:

 

(1) minor work performed by a contractor;

 

(2) work performed by a heating, ventilating, or air conditioning contractor as described in section 326B.38; and

 

(3) work performed by cable company employees when installing cable communications systems or telephone company employees when installing telephone systems,

 

must be inspected as provided in this section for compliance with the applicable provisions of the National Electrical Code and the applicable provisions of the National Electrical Safety Code, as those codes were approved by the American National Standards Institute.

 

(b) The inspection requirements in paragraph (a) apply to:

 

(1) class 2 or class 3 remote control circuits that control circuits or systems other than class 2 or class 3, except circuits that interconnect these systems exempted by section 326B.33, subdivision 21, paragraph (b), other than fire alarm; class 2 or class 3 circuits in electrical cabinets, enclosures, or devices containing physically unprotected circuits other than class 2 or class 3; or technology circuits and systems in hazardous classified locations as covered by chapter 5 of the National Electrical Code;

 

(2) fire alarm systems, other than in one- or two-family dwellings, as defined in articles 100 and 760 of the National Electrical Code;

 

(3) technology circuits and systems contained within critical care areas of health care facilities as defined by the safety standards identified in section 326B.35, including, but not limited to, anesthesia and resuscitative alarm and alerting systems, medical monitoring, and nurse call systems; and

 

(4) physical security systems within detention facilities; and.

 

(5) circuitry and equipment for indoor lighting systems as defined in article 411 of the National Electrical Code.

 

(c) For the purposes of this subdivision "minor work" means the adjustment or repair and replacement of worn or defective parts of a technology circuit or system.  Minor work may be inspected under this section at the request of the owner of the property or the person doing the work.

 

(d) Notwithstanding this subdivision, if an electrical inspector observes that a contractor, employer, or owner has not complied with accepted standards when the work was performed, as provided in the most recent editions of the National Electrical Code and the National Electrical Safety Code as approved by the American National Standards


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Institute, the inspector may order the contractor, employer, or owner who has performed the work to file a request for electrical inspection an electrical permit, pay an inspection fee, and make any necessary repairs to comply with applicable standards and require that the work be inspected.

 

Sec. 75.  Minnesota Statutes 2023 Supplement, section 326B.36, subdivision 7, is amended to read:

 

Subd. 7.  Exemptions from inspections.  Installations, materials, or equipment shall not be subject to inspection under sections 326B.31 to 326B.399:

 

(1) when owned or leased, operated and maintained by any employer whose maintenance electricians are exempt from licensing under sections 326B.31 to 326B.399, while performing electrical maintenance work only as defined by rule;

 

(2) when owned or leased, and operated and maintained by any electrical, communications, or railway utility, cable communications company as defined in section 238.02, or telephone company as defined under section 237.01, in the exercise of its utility, antenna, or telephone function; and

 

(i) are used exclusively for the generations, transformation, distribution, transmission, load control, or metering of electric current, or the operation of railway signals, or the transmission of intelligence, and do not have as a principal function the consumption or use of electric current by or for the benefit of any person other than such utility, cable communications company, or telephone company; and

 

(ii) are generally accessible only to employees of such utility, cable communications company, or telephone company or persons acting under its control or direction; and

 

(iii) are not on the load side of the service point or point of entrance for communication systems;

 

(3) when used in the street lighting operations of an electrical utility;

 

(4) when used as outdoor area lights which are owned and operated by an electrical utility and which are connected directly to its distribution system and located upon the utility's distribution poles, and which are generally accessible only to employees of such utility or persons acting under its control or direction;

 

(5) when the installation, material, and equipment are in facilities subject to the jurisdiction of the federal Mine Safety and Health Act; or

 

(6) when the installation, material, and equipment is part of an elevator installation for which the elevator contractor, licensed under section 326B.164, is required to obtain a permit from the authority having jurisdiction as provided by section 326B.184, and the inspection has been or will be performed by an elevator inspector certified and licensed by the department.  This exemption shall apply only to installations, material, and equipment permitted or required to be connected on the load side of the disconnecting means required for elevator equipment under the National Electrical Code Article 620, and elevator communications and alarm systems within the machine room, car, hoistway, or elevator lobby.

 

Sec. 76.  Minnesota Statutes 2022, section 326B.46, subdivision 6, is amended to read:

 

Subd. 6.  Well contractor exempt from licensing and bond; conditions.  No license, registration, or bond under sections 326B.42 to 326B.49 is required of a well contractor or a limited well/boring contractor who is licensed and bonded under section 103I.525 or 103I.531 and is engaged in the work or business of designing and installing:

 

(1) water service pipe from a well to a pressure tank;


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(2) a frost-free water hydrant with an antisiphon device on a well water service pipe located entirely outside of a building requiring potable water;

 

(3) a control valve, located outside the building, on a well water service pipe; or

 

(4) a main control valve located within two feet of the pressure tank on the distribution supply line.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 77.  Minnesota Statutes 2022, section 626.892, subdivision 12, is amended to read:

 

Subd. 12.  Interaction with other laws.  (a) Sections 179A.21, subdivision 2, and 572B.11, paragraph (a), and rules for arbitrator selection promulgated pursuant to section 179A.04 shall not apply to discipline-related grievance arbitrations involving peace officers governed under this section.

 

(b) Notwithstanding any contrary provision of law, home rule charter, ordinance, or resolution, peace officers, through their certified exclusive representatives, shall not have the right to negotiate for or agree to a collective bargaining agreement or a grievance arbitration selection procedure with their employers that is inconsistent with this section.

 

(c) The arbitrator selection procedure for peace officer grievance arbitrations established under this section supersedes any inconsistent provisions in chapter 179A or 572B or in Minnesota Rules, chapters 5500 to 5530 and 7315 to 7325.  Other arbitration requirements in those chapters remain in full force and effect for peace officer grievance arbitrations, except as provided in this section or to the extent inconsistent with this section.

 

Sec. 78.  REVISOR INSTRUCTION.

 

The revisor of statutes shall renumber Minnesota Statutes, section 179.35, subdivision 5, as Minnesota Statutes, section 179.35, subdivision 7. 

 

Sec. 79.  REVISOR INSTRUCTION.

 

In each of the statutory sections listed in Column A, the revisor of statutes shall replace the statutory citation in Column B with the statutory citation listed in Column C.

 

Column A

 

Column B

Column C

175.007, subdivision 1, paragraph (b)

177.24, subdivision 1, paragraph (a), clause (2)

177.23, subdivision 13

222.50, subdivision 5, clause (4), item (ii)

177.24, subdivision 1, paragraph (b)

177.24, subdivision 1, paragraph (a)

550.136, subdivision 3, paragraph (a), clause (2)

177.24, subdivision 1, paragraph (b), clause (1), item (iii)

177.24, subdivision 1, paragraph (a), clause (3)

551.06, subdivision 3, paragraph (a), clause (2)

177.24, subdivision 1, paragraph (b), clause (1), item (iii)

177.24, subdivision 1, paragraph (a), clause (3)

571.922, paragraph (a), clause (2), item (i)

177.24, subdivision 1, paragraph (b), clause (1), item (iii)

177.24, subdivision 1, paragraph (a), clause (3)

 

Sec. 80.  REPEALER.

 

Minnesota Rules, part 5510.0310, subpart 13, is repealed.


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Sec. 81.  REPEALER.

 

Minnesota Rules, part 5200.0080, subpart 7, is repealed.

 

EFFECTIVE DATE.  This section is effective August 1, 2024.

 

Delete the title and insert:

 

A bill for an act relating to labor; adopting labor policy provisions; amending Minnesota Statutes 2022, sections 13.79, subdivision 1; 177.23, by adding subdivisions; 177.24, subdivision 1, by adding a subdivision; 177.30; 179.01, subdivisions 1, 9, 16; 179.06; 179.08; 179.11; 179.12; 179.254, subdivision 1; 179.256; 179.26; 179.27; 179.35, subdivision 1; 179.40; 179.43; 179A.02; 179A.03, subdivision 17; 179A.06, subdivisions 1, 2, 3; 179A.08, subdivision 2; 179A.10, subdivision 1; 179A.104, subdivision 1; 179A.12, subdivision 1; 179A.15; 179A.16, subdivisions 1, 7; 179A.18, subdivisions 2, 3; 179A.19, subdivision 6; 179A.20, subdivision 4; 179A.23; 181.941, subdivision 4; 181.943; 181.950, by adding a subdivision; 181.951, subdivision 1; 181A.08; 181A.12, subdivision 1, by adding subdivisions; 182.664, subdivisions 3, 5; 182.665; 182.666, subdivision 6; 182.667, by adding a subdivision; 326.02, subdivision 5; 326B.0981, subdivisions 3, 4, 8; 326B.33, subdivisions 7, 21; 326B.36, subdivision 2; 326B.46, subdivision 6; 626.892, subdivision 12; Minnesota Statutes 2023 Supplement, sections 177.27, subdivisions 2, 4, 7; 177.42, subdivision 2; 181.212, subdivision 7; 181.531, subdivision 3; 181.939, subdivision 2; 181.953, subdivisions 1, 3, by adding a subdivision; 182.6526, subdivision 1; 182.677, subdivisions 1, 2; 204B.19, subdivision 6; 326B.36, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 181; 182; repealing Minnesota Rules, parts 5200.0080, subpart 7; 5510.0310, subpart 13.

 

 

      The motion prevailed and the amendment was adopted.

 

 

Bahner moved to amend S. F. No. 3852, the second engrossment, as amended, as follows:

 

Page 26, line 13, delete everything after "given" and insert a period

 

Page 26, line 14, delete "a"

 

Page 26, line 15, delete everything before "and" and insert "one or more sites in Minnesota"

 

Page 26, line 23, after "compensation" insert ", based on the employer's good faith estimate,"

 

Page 26, line 27, after "compensation" insert ", including, but not limited to, any health or retirement benefits,"

 

 

      The motion prevailed and the amendment was adopted.

 

 

Moller moved to amend S. F. No. 3852, the second engrossment, as amended, as follows:

 

Page 31, delete subdivision 5a and insert:

 

"Subd. 5a.  Oral fluid testing.  (a) When drug and alcohol testing or cannabis testing is otherwise authorized under section 181.951, an employer may request an employee or job applicant to undergo oral fluid testing according to the procedures under this subdivision as an alternative to using the services of a testing laboratory under subdivision 1.


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(b) The employee must be informed of the test result at the time of the oral fluid test.  Within 48 hours of an oral fluid test that indicates a positive test result or that is inconclusive or invalid, the employee or job applicant may request drug or alcohol testing or cannabis testing at no cost to the employee or job applicant using the services of a testing laboratory under subdivision 1, and according to the existing laboratory testing standards in subdivisions 1 to 5.  The rights, notice, and limitations in subdivision 6, paragraph (b), and subdivisions 7 to 8 and 10 to 11 apply to an employee or job applicant and a laboratory test conducted pursuant to this paragraph.

 

(c) If the laboratory test under paragraph (b) indicates a positive result, any subsequent confirmatory retest, if requested by the employee or job applicant, must be conducted following the retest procedures provided in subdivision 6, paragraph (c), and subdivision 9 at the employee's or job applicant's own expense.

 

(d) Nothing in this subdivision is intended to modify the existing requirements for drug and alcohol testing or cannabis testing in the workplace under sections 181.950 to 18.957, unless stated otherwise."

 

 

      The motion prevailed and the amendment was adopted.

 

 

Mekeland moved to amend S. F. No. 3852, the second engrossment, as amended, as follows:

 

Page 6, line 7, after the period, insert "The commissioner must allow a reasonable period of time to respond that is proportional to the volume of records requested."

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Mekeland amendment and the roll was called.  There were 61 yeas and 69 nays as follows:

 

      Those who voted in the affirmative were:

 


Altendorf

Anderson, P. E.

Anderson, P. H.

Backer

Bakeberg

Baker

Bennett

Bliss

Burkel

Daniels

Davids

Davis

Dotseth

Engen

Fogelman

Franson

Garofalo

Gillman

Grossell

Harder

Heintzeman

Hudella

Hudson

Igo

Jacob

Johnson

Joy

Kiel

Knudsen

Koznick

Kresha

Lawrence

Lislegard

Mekeland

Mueller

Murphy

Myers

Nadeau

Nash

Neu Brindley

Niska

Novotny

O'Driscoll

Olson, B.

Perryman

Petersburg

Pfarr

Quam

Rarick

Robbins

Schomacker

Schultz

Scott

Skraba

Swedzinski

Torkelson

Urdahl

West

Wiener

Wiens

Zeleznikar


 

      Those who voted in the negative were:

 


Acomb

Agbaje

Bahner

Becker-Finn

Berg

Bierman

Brand

Carroll

Cha

Clardy

Coulter

Curran

Edelson

Elkins

Feist

Finke

Fischer

Frazier

Frederick

Freiberg

Gomez

Greenman

Hansen, R.

Hanson, J.

Hassan

Hemmingsen-Jaeger

Her

Hicks

Hill

Hollins

Hornstein

Howard

Huot

Hussein

Jordan

Keeler

Klevorn

Koegel

Kotyza-Witthuhn

Kozlowski

Kraft

Lee, F.

Lee, K.

Liebling

Lillie

Long

Moller

Nelson, M.


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Newton

Noor

Norris

Olson, L.

Pelowski

Pérez-Vega

Pinto

Pryor

Pursell

Rehm

Reyer

Sencer-Mura

Smith

Stephenson

Tabke

Vang

Virnig

Wolgamott

Xiong

Youakim

Spk. Hortman


 

 

      The motion did not prevail and the amendment was not adopted.

 

 

Schultz moved to amend S. F. No. 3852, the second engrossment, as amended, as follows:

 

Page 2, delete sections 2 and 3

 

Page 2, lines 17 to 27 reinstate the stricken language

 

Page 2, lines 28 to 30, reinstate the stricken language and delete the new language

 

Page 3, lines 1 to 3, 9, 15, reinstate the stricken language and delete the new language

 

Page 3, lines 4 to 8 and 19 to 28, reinstate the stricken language

 

Page 4, lines 1 to 12, reinstate the stricken language

 

Page 4, line 13, reinstate "(f)" and delete "(c)"

 

Page 4, line 18, delete "(a)"

 

Page 4, line 19, delete "and" and reinstate ", (c), (d), and (e)"

 

Page 4, line 23, reinstate "(g)(1)" and delete "(d)(1)"

 

Page 4, line 24, reinstate the stricken language and delete the new language

 

Page 5, lines 8 and 17, reinstate the stricken language and delete the new language