1.1.................... moves to amend H.F. No. 950 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. [179A.50] REPRESENTATION OF FAMILY CHILD CARE
1.4PROVIDERS.
1.5Sections 179A.50 to 179A.52 shall be known as the Family Child Care Providers
1.6Representation Act.

1.7    Sec. 2. [179A.51] DEFINITIONS.
1.8    Subdivision 1. Scope. For the purposes of sections 179A.50 to 179A.52, the terms
1.9in this section have the meanings given them.
1.10    Subd. 2. Commissioner. "Commissioner" means the commissioner of mediation
1.11services.
1.12    Subd. 3. Exclusive representative. "Exclusive representative" means a labor
1.13organization that has been elected and certified under section 179A.52, thereby maintaining
1.14the right to represent family child care providers in their relations with the state.
1.15    Subd. 4. Family child care provider. "Family child care provider" means an
1.16individual, either licensed or unlicensed, who provides legal child care services as defined
1.17under section 245A.03, except for providers licensed under Minnesota Rules, chapter
1.189503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a),
1.19clause (5), and who provides child care assistance services under chapter 119B.
1.20    Subd. 5. Labor organization. "Labor organization" means an organization that has
1.21as its primary purpose the representation of public service providers in their relations with
1.22the state and other public entities.
1.23    Subd. 6. State. "State" means the state of Minnesota.

1.24    Sec. 3. [179A.52] RIGHT TO ORGANIZE.
2.1    Subdivision 1. Right to organize; limitations. Family child care providers shall
2.2have the right to form, join, and participate in the activities of labor organizations of their
2.3own choosing for the purpose of representation and meeting and negotiating with the state.
2.4Section 179A.22 applies to family child care providers except as otherwise provided in
2.5this section. Family child care providers shall have the rights and obligations of public
2.6employees pursuant to and solely for the purposes of chapter 179A, except as otherwise
2.7provided in this section. Family child care providers shall have the same rights to interest
2.8arbitration provided under section 179A.16, subdivision 2, to essential employees. This
2.9section is not intended to grant family child care providers status as public employees for
2.10any other purpose. Family child care providers shall not have the right to strike.
2.11    Subd. 2. Employer of record. For the purposes of chapter 179A, the state is the
2.12public employer of record for family child care providers.
2.13    Subd. 3. Statewide unit. Notwithstanding any other law to the contrary, the only
2.14bargaining unit under this section shall be a statewide unit of all family child care providers.
2.15    Subd. 4. Certification; process. For the purposes of determining certification
2.16under section 179A.12, the commissioner shall utilize a list of family child care providers
2.17compiled by the commissioner of human services over the most recent 12-month period.
2.18The commissioner shall conduct a certification election by mail ballot pursuant to the
2.19procedures in chapter 179A.
2.20    Subd. 5. Meet and negotiate; meet and confer. (a) If the commissioner certifies a
2.21labor organization as the majority exclusive representative, the state, through the governor
2.22or the governor's designee, shall meet and negotiate in good faith with the exclusive
2.23representative of the family child care provider unit regarding grievance issues, child care
2.24assistance reimbursement rates under chapter 119B, and terms and conditions of service,
2.25but this obligation does not compel the state or its representatives to agree to a proposal or
2.26require the making of a concession. The governor or the governor's designee is authorized
2.27to enter into agreements with the exclusive representative. Negotiated agreements and
2.28arbitration decisions must be submitted to the legislature to be accepted or rejected in
2.29accordance with sections 3.855 and 179A.22.
2.30(b) The state has an obligation to meet and confer under chapter 179A with family
2.31child care providers to discuss policies and other matters relating to their service that
2.32are not terms and conditions of service.
2.33(c) For purposes of this section, "terms and conditions of service" has the same
2.34meaning as given in section 179A.03, subdivision 19.
2.35    Subd. 6. Exemption; federal law. In affording family child care providers the right
2.36to engage in collective action, select a representative, and jointly engage in discussions
3.1with the state under the terms of this section, the state intends that the "state action"
3.2exemption from federal antitrust laws be fully available to the state, based on the state's
3.3active supervision of family child care providers to improve the quality, accessibility, and
3.4affordability of early childhood education services in the state.
3.5    Subd. 7. Rights. Nothing in this section shall be construed to interfere with:
3.6(1) parental rights to select and deselect family child care providers or the ability of
3.7family child care providers to establish the rates they charge to parents;
3.8(2) the right or obligation of any state agency to communicate or meet with any
3.9citizen or organization concerning family child care legislation, regulation, or policy; or
3.10(3) the rights and responsibilities of family child care providers under federal law.
3.11    Subd. 8. Severability. Should any part of this act be declared invalid or
3.12unenforceable, or the enforcement or compliance with it is suspended, restrained, or
3.13barred, either by the state or by the final judgment of a court of competent jurisdiction, the
3.14remainder of this act shall remain in full force and effect.
3.15EFFECTIVE DATE.This section is effective the day following final enactment."
3.16Renumber the sections in sequence and correct the internal references
3.17Amend the title accordingly