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
1Section 1.
S0775-1 1st EngrossmentSF775 REVISOR SS
SENATE
STATE OF MINNESOTA
S.F. No. 775NINETY-FOURTH SESSION
(SENATE AUTHORS: PUTNAM, Mohamed, Hauschild, Draheim and Mann)
OFFICIAL STATUSD-PGDATE
Introduction and first reading22001/30/2025
Referred to Jobs and Economic Development
Comm report: To pass as amended and re-refer to Agriculture, Veterans, Broadband, and Rural
Development
02/20/2025 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;
2Section 1.
S0775-1 1st EngrossmentSF775 REVISOR SS 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 as needed to carry out this section.
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 and ranking minority members of the relevant committees in
3.25the house of representatives and senate the agricultural and food processing worker activities
3.26conducted by the ombudsperson during the previous year. The report must also be filed
3.27with the Legislative Reference Library in compliance with section 3.195. The report must
3.28include, at a minimum:
3.29 (1) a summary of the ombudsperson's activities, detailing the services provided to
3.30agricultural and food processing workers, including the number of stakeholders served;
3.31 (2) the number, a summary, and an analysis of complaints received during the previous
3.32year;
3Section 1.
S0775-1 1st EngrossmentSF775 REVISOR SS 4.1 (3) a description of all expenditures;
4.2 (4) any recommendations for legislative or other policy changes; and
4.3 (5) any other information specified by the commissioner.
4.4 Subd. 8.Access to records.(a) The ombudsperson for safety, health, and well-being of
4.5agricultural and food processing workers or the ombudsperson's designee, excluding
4.6volunteers, may have access to any data of a state agency necessary for the discharge of the
4.7ombudsperson's duties, including records classified as confidential data on individuals or
4.8private data on individuals under chapter 13 or any other law. The ombudsperson's data
4.9request must relate to a specific case and is subject to section 13.03, subdivision 4. If the
4.10data concerns an individual, the ombudsperson or designee shall first obtain the individual's
4.11consent. If the individual is unable to consent and has no parent or legal guardian, the
4.12ombudsperson's or designee's access to the data is authorized by this section.
4.13 (b) The ombudsperson and designee must adhere to chapter 13 and must not disseminate
4.14any private or confidential data on individuals unless specifically authorized by state, local,
4.15or federal law or pursuant to a court order.
4.16 Subd. 9.Staff support.The ombudsperson may select, appoint, and compensate from
4.17available funds a program manager, confidential secretary, and any other staff members
4.18necessary to carry out the duties under this section. The ombudsperson may delegate to staff
4.19members any authority or duties, except the duty to provide reports to the governor,
4.20commissioner, or legislature.
4.21 Subd. 10.Independence of action.In carrying out the duties required under this section,
4.22the ombudsperson may provide testimony to the legislature and make periodic reports to
4.23the legislature on areas of concern to agricultural and food processing workers.
4.24 Subd. 11.Civil actions.The ombudsperson and designee are not civilly liable for any
4.25action taken under this section if the action was taken in good faith, was within the scope
4.26of the duties of the ombudsperson for safety, health, and well-being of agricultural and food
4.27processing workers' authority, and did not constitute willful or reckless misconduct.
4.28 Sec. 2. APPROPRIATION.
4.29 $....... in fiscal year 2026 and $....... in fiscal year 2027 are appropriated from the general
4.30fund to the commissioner of employment and economic development for the establishment
4.31and operations of the ombudsperson for safety, health, and well-being of agricultural and
4.32food processing workers under Minnesota Statutes, section 116J.9651.
4Sec. 2.
S0775-1 1st EngrossmentSF775 REVISOR SS