Minnesota 2025 2025-2026 Regular Session

Minnesota House Bill HF1182 Introduced / Bill

Filed 02/18/2025

                    1.1	A bill for an act​
1.2 relating to employment; establishing an ombudsperson for safety, health, and​
1.3 well-being of agricultural and food processing workers; requiring reports;​
1.4 appropriating money; proposing coding for new law in Minnesota Statutes, chapter​
1.5 116J.​
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.7 Section 1. [116J.9651] OMBUDSPERSON FOR SAFETY, HEALTH, AND​
1.8WELL-BEING OF AGRICULTURAL AND FOOD PROCESSING WORKERS.​
1.9 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have​
1.10the meanings given.​
1.11 (b) "Agricultural worker" has the same meaning as section 181.85, subdivision 2.​
1.12 (c) "Commissioner" means the commissioner of the Department of Employment and​
1.13Economic Development.​
1.14 (d) "Food processing" has the meaning given in section 181.635, subdivision 1, paragraph​
1.15(d), and also includes meatpacking and poultry processing.​
1.16 Subd. 2.Ombudsperson established; purpose.The ombudsperson for safety, health,​
1.17and well-being of agricultural and food processing workers is established within the​
1.18Department of Employment and Economic Development to assist agricultural and food​
1.19processing workers with issues, including but not limited to housing, workplace safety, and​
1.20fair labor standards in Minnesota.​
1.21 Subd. 3.Appointment.The governor shall appoint an ombudsperson for safety, health,​
1.22and well-being of agricultural and food processing workers. The ombudsperson shall serve​
1​Section 1.​
REVISOR SS/LJ 25-01543​01/21/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  1182​
NINETY-FOURTH SESSION​
Authored by Greenman​02/19/2025​
The bill was read for the first time and referred to the Committee on Workforce, Labor, and Economic Development Finance and Policy​ 2.1in the unclassified service. No individual may serve as the ombudsperson for safety, health,​
2.2and well-being of agricultural and food processing workers while running for or holding​
2.3any other public office or while employed by, consulting with, or in any way affiliated with​
2.4a person or entity that employs agricultural or food processing workers. The ombudsperson​
2.5shall serve a term of four years, which may be renewed. The ombudsperson may be removed​
2.6prior to the end of the term for just cause.​
2.7 Subd. 4.Qualifications.(a) The ombudsperson must:​
2.8 (1) be highly competent and qualified to analyze questions of law, administration, and​
2.9public policy regarding the safety, health, and well-being of agricultural and food processing​
2.10workers;​
2.11 (2) have knowledge and experience in the fields of workplace safety, housing, and fair​
2.12labor standards;​
2.13 (3) be familiar with governmental entities and their roles, interpretation of laws and​
2.14regulations, record keeping, report writing, public speaking, and management;​
2.15 (4) have experience working with agricultural and food processing workers; and​
2.16 (5) be knowledgeable about the needs and experiences of agricultural and food processing​
2.17worker communities.​
2.18 (b) The ombudsperson must speak fluently in a language in addition to English that is​
2.19commonly used by agricultural and food processing workers.​
2.20 Subd. 5.Duties.The ombudsperson must carry out the following activities:​
2.21 (1) offer accessible methods of contact, including telephone, text, and virtual​
2.22communication platforms, to answer questions, receive complaints, and discuss department​
2.23actions with agricultural stakeholders;​
2.24 (2) respond to requests for assistance, documenting complaints, and connecting workers​
2.25to relevant agencies and service providers; and​
2.26 (3) analyze complaints regarding agricultural and food processing workers' protections,​
2.27identifying policies and practices in other states and countries, and making recommendations​
2.28for legislative and other policy changes to improve the safety, health, and well-being of​
2.29agricultural and food processing workers.​
2.30 (b) In addition to the duties under paragraph (a), the ombudsperson must:​
2.31 (1) provide intrastate agency coordination, policy reviews, and guidance that assist in​
2.32supporting the safety, health, and well-being of agricultural and food processing workers;​
2​Section 1.​
REVISOR SS/LJ 25-01543​01/21/25 ​ 3.1 (2) participate as a member of the Minnesota Migrant Services Consortium and participate​
3.2in any work group or task force engaged in work related to agricultural and food processing​
3.3workers; and​
3.4 (3) participate in any interagency committee focusing on the safety, health, and well-being​
3.5of agricultural and food processing workers to develop strategies to better assist agricultural​
3.6and food processing workers.​
3.7 (c) Capacity permitting, the ombudsperson shall:​
3.8 (1) conduct outreach to interested and affected stakeholders, including but not limited​
3.9to workers, employers, service providers, community organizations, legal advocates, and​
3.10other advocates for agricultural and food processing workers, to inform them of the services​
3.11of the ombudsperson and identify issues of concern;​
3.12 (2) create, collect, and distribute educational materials in relevant languages to agricultural​
3.13and food processing workers about their rights under Minnesota laws and rules, and inform​
3.14agricultural and food processing workers about state services available to them. Materials​
3.15must be made available in both physical and digital formats;​
3.16 (3) educate and provide available resources to employers, workers, service providers,​
3.17and advocates about workers' rights, employer responsibilities, and other relevant topics;​
3.18and​
3.19 (4) conduct other activities the ombudsperson deems necessary.​
3.20 Subd. 6.Posting of complaints.The ombudsperson must make any verified and​
3.21unresolved complaints visible and accessible to the public by posting the complaints on the​
3.22ombudsperson's website.​
3.23 Subd. 7.Reporting.By December 31 of each year, the ombudsperson must report to​
3.24the commissioner and chairs of the relevant committees in the house of representatives and​
3.25senate the agricultural and food processing worker activities conducted by the ombudsperson​
3.26during the previous year. The report must include, at a minimum:​
3.27 (1) a summary of the ombudsperson's activities, detailing the services provided to​
3.28agricultural and food processing workers, including the number of stakeholders served;​
3.29 (2) the number, a summary, and an analysis of complaints received during the previous​
3.30year;​
3.31 (3) any recommendations for legislative or other policy changes; and​
3.32 (4) any other information specified by the commissioner.​
3​Section 1.​
REVISOR SS/LJ 25-01543​01/21/25 ​ 4.1 Subd. 8.Access to records.(a) The ombudsperson for safety, health, and well-being of​
4.2agricultural and food processing workers or the ombudsperson's designee, excluding​
4.3volunteers, may have access to any data of a state agency necessary for the discharge of the​
4.4ombudsperson's duties, including records classified as confidential data on individuals or​
4.5private data on individuals under chapter 13 or any other law. The ombudsperson's data​
4.6request must relate to a specific case and is subject to section 13.03, subdivision 4. If the​
4.7data concerns an individual, the ombudsperson or designee shall first obtain the individual's​
4.8consent. If the individual is unable to consent and has no parent or legal guardian, the​
4.9ombudsperson's or designee's access to the data is authorized by this section.​
4.10 (b) The ombudsperson and designee must adhere to chapter 13 and must not disseminate​
4.11any private or confidential data on individuals unless specifically authorized by state, local,​
4.12or federal law or pursuant to a court order.​
4.13 Subd. 9.Staff support.The ombudsperson may select, appoint, and compensate from​
4.14available funds a program manager, confidential secretary, and any other staff members​
4.15necessary to carry out the duties under this section. The ombudsperson may delegate to staff​
4.16members any authority or duties, except the duty to provide reports to the governor,​
4.17commissioner, or legislature.​
4.18 Subd. 10.Independence of action.In carrying out the duties required under this section,​
4.19the ombudsperson may provide testimony to the legislature and make periodic reports to​
4.20the legislature on areas of concern to agricultural and food processing workers.​
4.21 Subd. 11.Civil actions.The ombudsperson and designee are not civilly liable for any​
4.22action taken under this section if the action was taken in good faith, was within the scope​
4.23of the duties of the ombudsperson for safety, health, and well-being of agricultural and food​
4.24processing workers' authority, and did not constitute willful or reckless misconduct.​
4.25 Sec. 2. APPROPRIATION.​
4.26 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general​
4.27fund to the commissioner of employment and economic development for the establishment​
4.28and operations of the ombudsperson for safety, health, and well-being of agricultural and​
4.29food processing workers under Minnesota Statutes, section 116J.9651.​
4​Sec. 2.​
REVISOR SS/LJ 25-01543​01/21/25 ​