Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF775 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to employment; establishing an ombudsperson for safety, health, and
3	3		1.3 well-being of agricultural and food processing workers; requiring reports;
4	4		1.4 appropriating money; proposing coding for new law in Minnesota Statutes, chapter
5	5		1.5 116J.
6	6		1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7		1.7 Section 1. [116J.9651] OMBUDSPERSON FOR SAFETY, HEALTH, AND
8	8		1.8WELL-BEING OF AGRICULTURAL AND FOOD PROCESSING WORKERS.
9	9		1.9 Subdivision 1.Definitions.(a) For the purposes of this section, the following terms have
10	10		1.10the meanings given.
11	11		1.11 (b) "Agricultural worker" has the same meaning as section 181.85, subdivision 2.
12	12		1.12 (c) "Commissioner" means the commissioner of the Department of Employment and
13	13		1.13Economic Development.
14	14		1.14 (d) "Food processing" has the meaning given in section 181.635, subdivision 1, paragraph
15	15		1.15(d), and also includes meatpacking and poultry processing.
16	16		1.16 Subd. 2.Ombudsperson established; purpose.The ombudsperson for safety, health,
17	17		1.17and well-being of agricultural and food processing workers is established within the
18	18		1.18Department of Employment and Economic Development to assist agricultural and food
19	19		1.19processing workers with issues, including but not limited to housing, workplace safety, and
20	20		1.20fair labor standards in Minnesota.
21	21		1.21 Subd. 3.Appointment.The governor shall appoint an ombudsperson for safety, health,
22	22		1.22and well-being of agricultural and food processing workers. The ombudsperson shall serve
23	23		1Section 1.
24		-	~~S0775-1 1st Engrossment~~~~SF775~~ REVISOR SS
	24	+	25-01543 as introduced01/21/25 REVISOR SS/LJ
25	25		SENATE
26	26		STATE OF MINNESOTA
27	27		S.F. No. 775NINETY-FOURTH SESSION
28	28		(SENATE AUTHORS: PUTNAM, Mohamed, Hauschild, Draheim and Mann)
29	29		OFFICIAL STATUSD-PGDATE
30		-	Introduction and first reading22001/30/2025
31		-	Referred to Jobs and Economic Development
32		-	Comm report: To pass as amended and re-refer to Agriculture, Veterans, Broadband, and Rural
33		-	Development
34		-	02/20/2025 2.1in the unclassified service. No individual may serve as the ombudsperson for safety, health,
	30	+	Introduction and first reading01/30/2025
	31	+	Referred to Jobs and Economic Development 2.1in the unclassified service. No individual may serve as the ombudsperson for safety, health,
35	32		2.2and well-being of agricultural and food processing workers while running for or holding
36	33		2.3any other public office or while employed by, consulting with, or in any way affiliated with
37	34		2.4a person or entity that employs agricultural or food processing workers. The ombudsperson
38	35		2.5shall serve a term of four years, which may be renewed. The ombudsperson may be removed
39	36		2.6prior to the end of the term for just cause.
40	37		2.7 Subd. 4.Qualifications.(a) The ombudsperson must:
41	38		2.8 (1) be highly competent and qualified to analyze questions of law, administration, and
42	39		2.9public policy regarding the safety, health, and well-being of agricultural and food processing
43	40		2.10workers;
44	41		2.11 (2) have knowledge and experience in the fields of workplace safety, housing, and fair
45	42		2.12labor standards;
46	43		2.13 (3) be familiar with governmental entities and their roles, interpretation of laws and
47	44		2.14regulations, record keeping, report writing, public speaking, and management;
48	45		2.15 (4) have experience working with agricultural and food processing workers; and
49	46		2.16 (5) be knowledgeable about the needs and experiences of agricultural and food processing
50	47		2.17worker communities.
51	48		2.18 (b) The ombudsperson must speak fluently in a language in addition to English that is
52	49		2.19commonly used by agricultural and food processing workers.
53	50		2.20 Subd. 5.Duties.The ombudsperson must carry out the following activities:
54	51		2.21 (1) offer accessible methods of contact, including telephone, text, and virtual
55	52		2.22communication platforms, to answer questions, receive complaints, and discuss department
56	53		2.23actions with agricultural stakeholders;
57	54		2.24 (2) respond to requests for assistance, documenting complaints, and connecting workers
58	55		2.25to relevant agencies and service providers; and
59	56		2.26 (3) analyze complaints regarding agricultural and food processing workers' protections,
60	57		2.27identifying policies and practices in other states and countries, and making recommendations
61	58		2.28for legislative and other policy changes to improve the safety, health, and well-being of
62	59		2.29agricultural and food processing workers.
63	60		2.30 (b) In addition to the duties under paragraph (a), the ombudsperson must:
64	61		2.31 (1) provide intrastate agency coordination, policy reviews, and guidance that assist in
65	62		2.32supporting the safety, health, and well-being of agricultural and food processing workers;
66	63		2Section 1.
67		-	~~S0775-1 1st Engrossment~~~~SF775~~ REVISOR SS 3.1 (2) participate as a member of the Minnesota Migrant Services Consortium and participate
	64	+	25-01543 as introduced01/21/25 REVISOR SS/LJ 3.1 (2) participate as a member of the Minnesota Migrant Services Consortium and participate
68	65		3.2in any work group or task force engaged in work related to agricultural and food processing
69	66		3.3workers; and
70	67		3.4 (3) participate in any interagency committee focusing on the safety, health, and well-being
71	68		3.5of agricultural and food processing workers to develop strategies to better assist agricultural
72	69		3.6and food processing workers.
73	70		3.7 (c) Capacity permitting, the ombudsperson shall:
74	71		3.8 (1) conduct outreach to interested and affected stakeholders, including but not limited
75	72		3.9to workers, employers, service providers, community organizations, legal advocates, and
76	73		3.10other advocates for agricultural and food processing workers, to inform them of the services
77	74		3.11of the ombudsperson and identify issues of concern;
78	75		3.12 (2) create, collect, and distribute educational materials in relevant languages to agricultural
79	76		3.13and food processing workers about their rights under Minnesota laws and rules, and inform
80	77		3.14agricultural and food processing workers about state services available to them. Materials
81	78		3.15must be made available in both physical and digital formats;
82	79		3.16 (3) educate and provide available resources to employers, workers, service providers,
83	80		3.17and advocates about workers' rights, employer responsibilities, and other relevant topics;
84	81		3.18and
85		-	3.19 (4) conduct other activities ~~as needed to carry out this section~~.
	82	+	3.19 (4) conduct other activities the ombudsperson deems necessary.
86	83		3.20 Subd. 6.Posting of complaints.The ombudsperson must make any verified and
87	84		3.21unresolved complaints visible and accessible to the public by posting the complaints on the
88	85		3.22ombudsperson's website.
89	86		3.23 Subd. 7.Reporting.By December 31 of each year, the ombudsperson must report to
90		-	3.24the commissioner and chairs ~~and ranking minority members~~ of the relevant committees in
91		-	3.~~25the house of representatives and senate~~ the agricultural and food processing worker activities
92		-	3.~~26conducted by the ombudsperson during~~ the previous year. The report must ~~also be filed~~
93		-	3.~~27with~~ the ~~Legislative Reference Library in compliance with section 3.195.~~ The ~~report must~~
94		-	3.~~28include~~, ~~at a minimum:~~
95		-	3.29 (1) a summary of ~~the ombudsperson's activities, detailing~~ the ~~services provided to~~
96		-	3.~~30agricultural and food processing workers, including the number of stakeholders served~~;
97		-	3.31 (2) ~~the number,~~ ~~a summary,~~ and ~~an analysis of complaints received during the previous~~
98		-	3.~~32year;~~
	87	+	3.24the commissioner and chairs of the relevant committees in the house of representatives and
	88	+	3.25senate the agricultural and food processing worker activities conducted by the ombudsperson
	89	+	3.26during the previous year. The report must include, at a minimum:
	90	+	3.27 (1) a summary of the ombudsperson's activities, detailing the services provided to
	91	+	3.28agricultural and food processing workers, including the number of stakeholders served;
	92	+	3.29 (2) the number, a summary, and an analysis of complaints received during the previous
	93	+	3.30year;
	94	+	3.31 (3) any recommendations for legislative or other policy changes; and
	95	+	3.32 (4) any other information specified by the commissioner.
99	96		3Section 1.
100		-	S0775-1 1st EngrossmentSF775 REVISOR SS 4.1 (3) a description of all expenditures;
101		-	4.2 (4) any recommendations for legislative or other policy changes; and
102		-	4.3 (5) any other information specified by the commissioner.
103		-	4.4 Subd. 8.Access to records.(a) The ombudsperson for safety, health, and well-being of
104		-	4.5agricultural and food processing workers or the ombudsperson's designee, excluding
105		-	4.6volunteers, may have access to any data of a state agency necessary for the discharge of the
106		-	4.7ombudsperson's duties, including records classified as confidential data on individuals or
107		-	4.8private data on individuals under chapter 13 or any other law. The ombudsperson's data
108		-	4.9request must relate to a specific case and is subject to section 13.03, subdivision 4. If the
109		-	4.10data concerns an individual, the ombudsperson or designee shall first obtain the individual's
110		-	4.11consent. If the individual is unable to consent and has no parent or legal guardian, the
111		-	4.12ombudsperson's or designee's access to the data is authorized by this section.
112		-	4.13 (b) The ombudsperson and designee must adhere to chapter 13 and must not disseminate
113		-	4.14any private or confidential data on individuals unless specifically authorized by state, local,
114		-	4.15or federal law or pursuant to a court order.
115		-	4.16 Subd. 9.Staff support.The ombudsperson may select, appoint, and compensate from
116		-	4.17available funds a program manager, confidential secretary, and any other staff members
117		-	4.18necessary to carry out the duties under this section. The ombudsperson may delegate to staff
118		-	4.19members any authority or duties, except the duty to provide reports to the governor,
119		-	4.20commissioner, or legislature.
120		-	4.21 Subd. 10.Independence of action.In carrying out the duties required under this section,
121		-	4.22the ombudsperson may provide testimony to the legislature and make periodic reports to
122		-	4.23the legislature on areas of concern to agricultural and food processing workers.
123		-	4.24 Subd. 11.Civil actions.The ombudsperson and designee are not civilly liable for any
124		-	4.25action taken under this section if the action was taken in good faith, was within the scope
125		-	4.26of the duties of the ombudsperson for safety, health, and well-being of agricultural and food
126		-	4.27processing workers' authority, and did not constitute willful or reckless misconduct.
127		-	4.28 Sec. 2. APPROPRIATION.
128		-	4.29 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
129		-	4.30fund to the commissioner of employment and economic development for the establishment
130		-	4.31and operations of the ombudsperson for safety, health, and well-being of agricultural and
131		-	4.32food processing workers under Minnesota Statutes, section 116J.9651.
	97	+	25-01543 as introduced01/21/25 REVISOR SS/LJ 4.1 Subd. 8.Access to records.(a) The ombudsperson for safety, health, and well-being of
	98	+	4.2agricultural and food processing workers or the ombudsperson's designee, excluding
	99	+	4.3volunteers, may have access to any data of a state agency necessary for the discharge of the
	100	+	4.4ombudsperson's duties, including records classified as confidential data on individuals or
	101	+	4.5private data on individuals under chapter 13 or any other law. The ombudsperson's data
	102	+	4.6request must relate to a specific case and is subject to section 13.03, subdivision 4. If the
	103	+	4.7data concerns an individual, the ombudsperson or designee shall first obtain the individual's
	104	+	4.8consent. If the individual is unable to consent and has no parent or legal guardian, the
	105	+	4.9ombudsperson's or designee's access to the data is authorized by this section.
	106	+	4.10 (b) The ombudsperson and designee must adhere to chapter 13 and must not disseminate
	107	+	4.11any private or confidential data on individuals unless specifically authorized by state, local,
	108	+	4.12or federal law or pursuant to a court order.
	109	+	4.13 Subd. 9.Staff support.The ombudsperson may select, appoint, and compensate from
	110	+	4.14available funds a program manager, confidential secretary, and any other staff members
	111	+	4.15necessary to carry out the duties under this section. The ombudsperson may delegate to staff
	112	+	4.16members any authority or duties, except the duty to provide reports to the governor,
	113	+	4.17commissioner, or legislature.
	114	+	4.18 Subd. 10.Independence of action.In carrying out the duties required under this section,
	115	+	4.19the ombudsperson may provide testimony to the legislature and make periodic reports to
	116	+	4.20the legislature on areas of concern to agricultural and food processing workers.
	117	+	4.21 Subd. 11.Civil actions.The ombudsperson and designee are not civilly liable for any
	118	+	4.22action taken under this section if the action was taken in good faith, was within the scope
	119	+	4.23of the duties of the ombudsperson for safety, health, and well-being of agricultural and food
	120	+	4.24processing workers' authority, and did not constitute willful or reckless misconduct.
	121	+	4.25 Sec. 2. APPROPRIATION.
	122	+	4.26 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
	123	+	4.27fund to the commissioner of employment and economic development for the establishment
	124	+	4.28and operations of the ombudsperson for safety, health, and well-being of agricultural and
	125	+	4.29food processing workers under Minnesota Statutes, section 116J.9651.
132	126		4Sec. 2.
133		-	~~S0775-1 1st Engrossment~~~~SF775~~ REVISOR SS
	127	+	25-01543 as introduced01/21/25 REVISOR SS/LJ