Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1182 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to employment; establishing an ombudsperson for safety, health, and​
33 1.3 well-being of agricultural and food processing workers; requiring reports;​
44 1.4 appropriating money; proposing coding for new law in Minnesota Statutes, chapter​
55 1.5 116J.​
66 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
77 1.7 Section 1. [116J.9651] OMBUDSPERSON FOR SAFETY, HEALTH, AND​
88 1.8WELL-BEING OF AGRICULTURAL AND FOOD PROCESSING WORKERS.​
99 1.9 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have​
1010 1.10the meanings given.​
1111 1.11 (b) "Agricultural worker" has the same meaning as section 181.85, subdivision 2.​
1212 1.12 (c) "Commissioner" means the commissioner of the Department of Employment and​
1313 1.13Economic Development.​
1414 1.14 (d) "Food processing" has the meaning given in section 181.635, subdivision 1, paragraph​
1515 1.15(d), and also includes meatpacking and poultry processing.​
1616 1.16 Subd. 2.Ombudsperson established; purpose.The ombudsperson for safety, health,​
1717 1.17and well-being of agricultural and food processing workers is established within the​
1818 1.18Department of Employment and Economic Development to assist agricultural and food​
1919 1.19processing workers with issues, including but not limited to housing, workplace safety, and​
2020 1.20fair labor standards in Minnesota.​
2121 1.21 Subd. 3.Appointment.The governor shall appoint an ombudsperson for safety, health,​
2222 1.22and well-being of agricultural and food processing workers. The ombudsperson shall serve​
2323 1​Section 1.​
2424 REVISOR SS/LJ 25-01543​01/21/25 ​
2525 State of Minnesota​
2626 This Document can be made available​
2727 in alternative formats upon request​
2828 HOUSE OF REPRESENTATIVES​
2929 H. F. No. 1182​
3030 NINETY-FOURTH SESSION​
3131 Authored by Greenman​02/19/2025​
3232 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,​
3333 2.2and well-being of agricultural and food processing workers while running for or holding​
3434 2.3any other public office or while employed by, consulting with, or in any way affiliated with​
3535 2.4a person or entity that employs agricultural or food processing workers. The ombudsperson​
3636 2.5shall serve a term of four years, which may be renewed. The ombudsperson may be removed​
3737 2.6prior to the end of the term for just cause.​
3838 2.7 Subd. 4.Qualifications.(a) The ombudsperson must:​
3939 2.8 (1) be highly competent and qualified to analyze questions of law, administration, and​
4040 2.9public policy regarding the safety, health, and well-being of agricultural and food processing​
4141 2.10workers;​
4242 2.11 (2) have knowledge and experience in the fields of workplace safety, housing, and fair​
4343 2.12labor standards;​
4444 2.13 (3) be familiar with governmental entities and their roles, interpretation of laws and​
4545 2.14regulations, record keeping, report writing, public speaking, and management;​
4646 2.15 (4) have experience working with agricultural and food processing workers; and​
4747 2.16 (5) be knowledgeable about the needs and experiences of agricultural and food processing​
4848 2.17worker communities.​
4949 2.18 (b) The ombudsperson must speak fluently in a language in addition to English that is​
5050 2.19commonly used by agricultural and food processing workers.​
5151 2.20 Subd. 5.Duties.The ombudsperson must carry out the following activities:​
5252 2.21 (1) offer accessible methods of contact, including telephone, text, and virtual​
5353 2.22communication platforms, to answer questions, receive complaints, and discuss department​
5454 2.23actions with agricultural stakeholders;​
5555 2.24 (2) respond to requests for assistance, documenting complaints, and connecting workers​
5656 2.25to relevant agencies and service providers; and​
5757 2.26 (3) analyze complaints regarding agricultural and food processing workers' protections,​
5858 2.27identifying policies and practices in other states and countries, and making recommendations​
5959 2.28for legislative and other policy changes to improve the safety, health, and well-being of​
6060 2.29agricultural and food processing workers.​
6161 2.30 (b) In addition to the duties under paragraph (a), the ombudsperson must:​
6262 2.31 (1) provide intrastate agency coordination, policy reviews, and guidance that assist in​
6363 2.32supporting the safety, health, and well-being of agricultural and food processing workers;​
6464 2​Section 1.​
6565 REVISOR SS/LJ 25-01543​01/21/25 ​ 3.1 (2) participate as a member of the Minnesota Migrant Services Consortium and participate​
6666 3.2in any work group or task force engaged in work related to agricultural and food processing​
6767 3.3workers; and​
6868 3.4 (3) participate in any interagency committee focusing on the safety, health, and well-being​
6969 3.5of agricultural and food processing workers to develop strategies to better assist agricultural​
7070 3.6and food processing workers.​
7171 3.7 (c) Capacity permitting, the ombudsperson shall:​
7272 3.8 (1) conduct outreach to interested and affected stakeholders, including but not limited​
7373 3.9to workers, employers, service providers, community organizations, legal advocates, and​
7474 3.10other advocates for agricultural and food processing workers, to inform them of the services​
7575 3.11of the ombudsperson and identify issues of concern;​
7676 3.12 (2) create, collect, and distribute educational materials in relevant languages to agricultural​
7777 3.13and food processing workers about their rights under Minnesota laws and rules, and inform​
7878 3.14agricultural and food processing workers about state services available to them. Materials​
7979 3.15must be made available in both physical and digital formats;​
8080 3.16 (3) educate and provide available resources to employers, workers, service providers,​
8181 3.17and advocates about workers' rights, employer responsibilities, and other relevant topics;​
8282 3.18and​
8383 3.19 (4) conduct other activities the ombudsperson deems necessary.​
8484 3.20 Subd. 6.Posting of complaints.The ombudsperson must make any verified and​
8585 3.21unresolved complaints visible and accessible to the public by posting the complaints on the​
8686 3.22ombudsperson's website.​
8787 3.23 Subd. 7.Reporting.By December 31 of each year, the ombudsperson must report to​
8888 3.24the commissioner and chairs of the relevant committees in the house of representatives and​
8989 3.25senate the agricultural and food processing worker activities conducted by the ombudsperson​
9090 3.26during the previous year. The report must include, at a minimum:​
9191 3.27 (1) a summary of the ombudsperson's activities, detailing the services provided to​
9292 3.28agricultural and food processing workers, including the number of stakeholders served;​
9393 3.29 (2) the number, a summary, and an analysis of complaints received during the previous​
9494 3.30year;​
9595 3.31 (3) any recommendations for legislative or other policy changes; and​
9696 3.32 (4) any other information specified by the commissioner.​
9797 3​Section 1.​
9898 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​
9999 4.2agricultural and food processing workers or the ombudsperson's designee, excluding​
100100 4.3volunteers, may have access to any data of a state agency necessary for the discharge of the​
101101 4.4ombudsperson's duties, including records classified as confidential data on individuals or​
102102 4.5private data on individuals under chapter 13 or any other law. The ombudsperson's data​
103103 4.6request must relate to a specific case and is subject to section 13.03, subdivision 4. If the​
104104 4.7data concerns an individual, the ombudsperson or designee shall first obtain the individual's​
105105 4.8consent. If the individual is unable to consent and has no parent or legal guardian, the​
106106 4.9ombudsperson's or designee's access to the data is authorized by this section.​
107107 4.10 (b) The ombudsperson and designee must adhere to chapter 13 and must not disseminate​
108108 4.11any private or confidential data on individuals unless specifically authorized by state, local,​
109109 4.12or federal law or pursuant to a court order.​
110110 4.13 Subd. 9.Staff support.The ombudsperson may select, appoint, and compensate from​
111111 4.14available funds a program manager, confidential secretary, and any other staff members​
112112 4.15necessary to carry out the duties under this section. The ombudsperson may delegate to staff​
113113 4.16members any authority or duties, except the duty to provide reports to the governor,​
114114 4.17commissioner, or legislature.​
115115 4.18 Subd. 10.Independence of action.In carrying out the duties required under this section,​
116116 4.19the ombudsperson may provide testimony to the legislature and make periodic reports to​
117117 4.20the legislature on areas of concern to agricultural and food processing workers.​
118118 4.21 Subd. 11.Civil actions.The ombudsperson and designee are not civilly liable for any​
119119 4.22action taken under this section if the action was taken in good faith, was within the scope​
120120 4.23of the duties of the ombudsperson for safety, health, and well-being of agricultural and food​
121121 4.24processing workers' authority, and did not constitute willful or reckless misconduct.​
122122 4.25 Sec. 2. APPROPRIATION.​
123123 4.26 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general​
124124 4.27fund to the commissioner of employment and economic development for the establishment​
125125 4.28and operations of the ombudsperson for safety, health, and well-being of agricultural and​
126126 4.29food processing workers under Minnesota Statutes, section 116J.9651.​
127127 4​Sec. 2.​
128128 REVISOR SS/LJ 25-01543​01/21/25 ​