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


1.5    Section 1. [179A.50] REPRESENTATION OF FAMILY CHILD CARE
1.6PROVIDERS.
1.7Sections 179A.50 to 179A.52 shall be known as the Family Child Care Providers
1.8Representation Act.

1.9    Sec. 2. [179A.51] DEFINITIONS.
1.10    Subdivision 1. Scope. For the purposes of sections 179A.50 to 179A.52, the terms
1.11in this section have the meanings given them.
1.12    Subd. 2. Commissioner. "Commissioner" means the commissioner of mediation
1.13services.
1.14    Subd. 3. Exclusive representative. "Exclusive representative" means an employee
1.15organization that has been elected and certified under section 179A.52, thereby maintaining
1.16the right to represent family child care providers in their relations with the state.
1.17    Subd. 4. Family child care provider. "Family child care provider" means an
1.18individual, either licensed or unlicensed, who provides legal child care services as defined
1.19under section 245A.03, except for providers licensed under Minnesota Rules, chapter
1.209503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a),
1.21clause (5), and who provides subsidized child care services for a child or children currently
1.22in their care under sections 119B.03, 119B.05, and 119B.011, subdivisions 20 and 20a.

1.23    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 employee organizations of
2.3their own choosing for the purpose of representation and meeting and negotiating with the
2.4state. Sections 179A.06, subdivisions 3 and 6, and 179A.22 apply to family child care
2.5providers except as otherwise provided in this section. Family child care providers have the
2.6rights and obligations of public employees only for the purposes of meeting and negotiating
2.7on issues specified in subdivision 7, paragraph (a), and purposes related to meeting and
2.8conferring as provided in this section. This section does not grant family child care
2.9providers status as public employees for any other purpose than the use of chapter 179A
2.10procedures for the right to organize, mediate, and negotiate related to the issues specified
2.11in subdivision 7, paragraph (a), and to meet and confer as set forth in this section. Chapter
2.12179A applies to the relations between the state, the exclusive representative, and family
2.13child care providers only for purposes of this section. Family child care providers shall
2.14have the same rights to interest arbitration provided under section 179A.16, subdivision 2,
2.15to essential employees. Family child care providers shall not have the right to strike.
2.16    Subd. 2. Appropriate unit. The only appropriate unit under this section shall be a
2.17statewide unit of all family child care providers. The unit shall be treated as an appropriate
2.18unit under section 179A.10, subdivision 2.
2.19    Subd. 3. Certification; process. For the purposes of determining certification
2.20under section 179A.12, the commissioner shall utilize a list of family child care providers
2.21compiled by the commissioner of human services over the most recent 12-month period.
2.22The commissioner shall conduct a certification election by mail ballot pursuant to the
2.23procedures in chapter 179A.
2.24    Subd. 4. Compilation of list. The commissioner shall, by July 1, 2013, and monthly
2.25thereafter, compile and maintain a list of the names and addresses of all family child care
2.26providers who have been paid for providing child care assistance services to participants
2.27within the previous 12 months. The list shall not include the name of any participant, or
2.28indicate that an individual provider is a relative of a participant or has the same address as
2.29a participant. The commissioner shall share the lists with others as needed for the state
2.30to meet its obligations under chapter 179A as modified and made applicable to family
2.31child care providers under this section, and to facilitate the representational processes
2.32under this section.
2.33    Subd. 5. List access. Beginning July 1, 2013, upon a showing made to the
2.34commissioner of the Bureau of Mediation Services by any employee organization wishing
2.35to represent the appropriate unit of family child care providers that at least 500 family
2.36child care providers support such representation, the commissioner of human services
3.1shall provide to such organization within seven days the most recent list of family child
3.2care providers compiled under subdivision 4, and subsequent monthly lists upon request
3.3for an additional three months.
3.4    Subd. 6. Elections for exclusive representative. After July 31, 2013, any employee
3.5organization wishing to represent the appropriate unit of family child care providers may
3.6seek exclusive representative status pursuant to section 179A.12. Representation elections
3.7for family child care providers shall be conducted by mail ballot, and such election shall
3.8be conducted upon an appropriate petition stating that at least ten percent of the unit
3.9wishes to be represented by the petitioner. The family child care providers eligible to
3.10vote in any such election shall be those family child care providers on the monthly list
3.11of family child care providers compiled under this section, most recently preceding the
3.12filing of the election petition. Except as otherwise provided, elections under this clause
3.13shall be conducted in accordance with section 179A.12.
3.14    Subd. 7. Meet and negotiate. (a) If the commissioner certifies an employee
3.15organization as the majority exclusive representative, the state, through the commissioner
3.16of management and budget, shall meet and negotiate in good faith with the exclusive
3.17representative of the family child care provider unit on the following issues:
3.18(1) child care assistance reimbursement rates under chapter 119B;
3.19(2) fringe benefits, including those paid upon termination, but not retirement
3.20contributions or benefits, and not other benefits to be paid when a person is no longer a
3.21family child care provider; and
3.22(3) grievance procedures regarding matters in clauses (1) and (2).
3.23(b) This obligation does not compel the state or its representatives to agree to a
3.24proposal or require the making of a concession. The commissioner of management and
3.25budget is authorized to enter into agreements with the exclusive representative on issues
3.26specified in paragraph (a).
3.27    Subd. 8. Legislative action on agreements. Any interest arbitration award or
3.28negotiated agreement reached between the state and the exclusive representative of the
3.29family child care provider unit under chapter 179A shall be submitted to the legislature to
3.30be accepted or rejected in accordance with sections 3.855 and 179A.22, subject to section
3.31179A.20, subdivisions 2 and 5.
3.32    Subd. 9. Meet and confer. The state has an obligation to meet and confer under
3.33chapter 179A with the exclusive representative of the family child care provider unit to
3.34discuss policies and other matters relating to their working conditions.
3.35    Subd. 10. Exemption; federal law. In affording family child care providers
3.36the right to engage in collective action, select a representative, and jointly engage in
4.1discussions with the state under the terms of this section, the state intends that the "state
4.2action" exemption from federal antitrust laws be fully available to the state, based on
4.3the state's active supervision of family child care providers to improve the quality,
4.4accessibility, and affordability of early childhood education services in the state.
4.5    Subd. 11. Rights. Nothing in this section shall be construed to interfere with:
4.6(1) parental rights to select and deselect family child care providers or the ability of
4.7family child care providers to establish the rates they charge to parents;
4.8(2) the right or obligation of any state agency to communicate or meet with any
4.9citizen, including other family child care providers, or organization concerning family
4.10child care legislation, regulation, or policy on any topic that is not specified in subdivision
4.117, paragraph (a); or
4.12(3) the rights and responsibilities of family child care providers under federal law.
4.13    Subd. 12. Membership status and eligibility for subsidies. Membership status in
4.14an employee organization shall not affect the eligibility of a family child care provider to
4.15receive payments under, or serve a child who receives payments under, chapter 119B.

4.16    Sec. 4. [179A.53] NO USE OF SCHOLARSHIPS FOR DUES OR FEES.
4.17Early learning scholarships shall not be applied, through state withholding or
4.18otherwise, toward payment of dues or fees that are paid to exclusive representatives of
4.19family child care providers.

4.20    Sec. 5. SEVERABILITY.
4.21 Should any part of this act be declared invalid or unenforceable, or the enforcement
4.22or compliance with it is suspended, restrained, or barred, either by the state or by the final
4.23judgment of a court of competent jurisdiction, the remainder of this act shall remain
4.24in full force and effect.


4.28    Section 1. [179A.54] INDIVIDUAL PROVIDERS OF DIRECT SUPPORT
4.29SERVICES.
4.30    Subdivision 1. Definitions. For the purposes of this section:
4.31(a) "Direct support services" has the meaning given to it under section 256B.0711,
4.32subdivision 1, paragraph (c).
4.33(b) "Individual provider" has the meaning given to it under section 256B.0711,
4.34subdivision 1, paragraph (d).
5.1(c) "Participant" has the meaning given to it under section 256B.0711, subdivision 1,
5.2paragraph (e).
5.3(d) "Participant's representative" has the meaning given to it under section
5.4256B.0711, subdivision 1, paragraph (f).
5.5    Subd. 2. Rights of individual providers and participants. Only for the purposes
5.6of meeting and negotiating on issues specified in subdivision 3, individual providers shall
5.7be considered, by virtue of this section, executive branch state employees employed by
5.8the commissioner of management and budget or the commissioner's representative. This
5.9section does not require the treatment of individual providers as public employees for any
5.10other purpose. Chapter 179A shall apply to individual providers except as otherwise
5.11provided in this section. Notwithstanding section 179A.03, subdivision 14, paragraph
5.12(a), clause (5), chapter 179A shall apply to individual providers regardless of part-time
5.13or full-time employment status.
5.14    Subd. 3. Scope of meet and negotiate obligation. If an exclusive representative
5.15is certified pursuant to this section, the mutual rights and obligations of the state and an
5.16exclusive representative of individual providers to meet and negotiate regarding terms
5.17and conditions shall extend only to the following issues:
5.18(1) compensation rates and payment terms and practices;
5.19(2) fringe benefits, including those that are paid for or funded per hour of service of
5.20an individual provider, but not for state retirement payments or other benefits to be paid by
5.21the state when a person no longer intends to be an individual provider;
5.22(3) grievance procedures regarding matters in clauses (1) and (2);
5.23(4) access to training and educational opportunities, including training funds, for
5.24individual providers; and
5.25(5) required orientation programs including for all newly hired individual providers.
5.26    Subd. 4. Rights of covered program participants. No provision of any agreement
5.27reached between the state and any exclusive representative of individual providers,
5.28nor any arbitration award, shall interfere with the rights of participants or participants'
5.29representatives to select, hire, direct, supervise, and terminate the employment of their
5.30individual providers; to manage an individual service budget regarding the amounts and
5.31types of authorized goods or services received; or to receive direct support services from
5.32individual providers not referred to them through a state registry.
5.33    Subd. 5. Legislative action on agreements. Any negotiated agreement or
5.34arbitration decision reached between the state and the exclusive representative of
5.35individual providers under chapter 179A shall be submitted to the legislature to be
6.1accepted or rejected in accordance with sections 3.855 and 179A.22, subject to section
6.2179A.20, subdivisions 2 and 5.
6.3    Subd. 6. Strikes prohibited. Individual providers shall be subject to the prohibition
6.4on strikes applied to essential employees under section 179A.18.
6.5    Subd. 7. Interest arbitration. Individual providers shall be subject to the interest
6.6arbitration procedures applied to essential employees under section 179A.16.
6.7    Subd. 8. Appropriate unit. The only appropriate unit for individual providers shall
6.8be a statewide unit of all individual providers. Individual providers who are related to
6.9their participant or their participant's representative shall not for such reason be excluded
6.10from the appropriate unit.
6.11    Subd. 9. List access. Beginning July 1, 2013, upon a showing made to the
6.12commissioner of the Bureau of Mediation Services by any employee organization wishing
6.13to represent the appropriate unit of individual providers that at least 500 individual
6.14providers support such representation, the commissioner of human services shall provide
6.15to such organization within seven days the most recent list of individual providers
6.16compiled under section 256B.0711, subdivision 11, paragraph (g), and subsequent
6.17monthly lists upon request for an additional three months.
6.18    Subd. 10. Representation and election. Beginning August 1, 2013, any employee
6.19organization wishing to represent the appropriate unit of individual providers may seek
6.20exclusive representative status pursuant to section 179A.12. Representation elections
6.21for individual providers shall be conducted by mail ballot, and such election shall be
6.22conducted upon an appropriate petition stating that at least ten percent of the unit wishes
6.23to be represented by the petitioner. The individual providers eligible to vote in any such
6.24election shall be those individual providers on the monthly list of individual providers
6.25compiled under section 256B.0711, subdivision 11, paragraph (g), most recently preceding
6.26the filing of the election petition. Except as otherwise provided, elections under this
6.27section shall be conducted in accordance with section 179A.12.
6.28    Subd. 11. Fee collection prior to agreement ratification. Any fees otherwise
6.29required under section 179A.06, subdivision 3, shall not commence prior to the ratification
6.30of an agreement under section 179A.22. This subdivision does not limit the availability of
6.31voluntary dues check off under section 179A.06, subdivision 6.
6.32    Subd. 12. Exemption; federal law. In affording individual providers the right to
6.33engage in collective action, select a representative, and jointly engage in discussions with
6.34the state under the terms of this section, the state intends that the "state action" exemption
6.35from federal antitrust laws be fully available to the state, based on the state's active
7.1supervision of individual providers to improve the quality, accessibility, and affordability
7.2of direct support services in the state.

7.3    Sec. 2. [256B.0711] QUALITY SELF-DIRECTED SERVICES WORKFORCE.
7.4    Subdivision 1. Definitions. For purposes of this section:
7.5(a) "Commissioner" means the commissioner of human services unless otherwise
7.6indicated.
7.7(b) "Covered program" means a program to provide direct support services funded
7.8in whole or in part by the state of Minnesota, including the Community First Services and
7.9Supports program; Consumer Directed Community Supports services and extended state
7.10plan personal care assistance services available under programs established pursuant to
7.11home and community-based service waivers authorized under section 1915(c) of the Social
7.12Security Act and Minnesota Statutes including, but not limited to, sections 256B.0915
7.13and 256B.49, and under the alternative care program, as offered pursuant to section
7.14256B.0913, all as modified by subdivision 9 of this section; the personal care assistance
7.15choice program, as established pursuant to section 256B.0659, subdivisions 18 to 20, and
7.16modified by this section; and any similar program that may provide such services.
7.17(c) "Direct support services" means personal care assistance services covered by
7.18medical assistance under section 256B.0625, subdivisions 19a and 19c; assistance with
7.19activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (b),
7.20and instrumental activities of daily living as defined in section 256B.0659, subdivision
7.211, paragraph (i); and other similar, in-home, nonprofessional long-term services and
7.22supports provided to an elderly person or person with a disability to meet such person's
7.23daily living needs and ensure that such person may adequately function in his or her home
7.24and have safe access to the community.
7.25(d) "Individual provider" means an individual selected by and working under the
7.26direction of a participant in a covered program, or a participant's representative, to provide
7.27direct support services to the participant, and does not include an individual from an
7.28employee workforce assembled, directed, and controlled by a provider agency.
7.29(e) "Participant" means a person who receives direct support services through
7.30a covered program.
7.31(f) "Participant's representative" means a participant's legal guardian or an individual
7.32having the authority and responsibility to act on behalf of a participant with respect to the
7.33provision of direct support services through a covered program.
7.34    Subd. 2. Quality Self-Directed Services Workforce Council established. There is
7.35established the Quality Self-Directed Services Workforce Council to ensure the quality
8.1and availability of individual providers to be selected by and work under the direction of
8.2participants to provide direct support services.
8.3    Subd. 3. Membership. The council shall have 11 members and shall be composed
8.4of the commissioner of human services or the commissioner's designee, who shall serve as
8.5chair, and the following members, who shall be appointed by the governor:
8.6(1) six current or former recipients of direct support services;
8.7(2) one legal guardian or legal representative of a current or former recipient of
8.8direct support services; and
8.9(3) one member of the State Council on Disability, under section 256.482, one
8.10member of the Governor's Council on Developmental Disabilities, and one member of the
8.11Minnesota Board on Aging, under section 256.975.
8.12    Subd. 4. Appointments; membership terms; compensation; removal; vacancies.
8.13All appointments to the council and filling of vacancies shall be made as provided in
8.14section 15.0597. Membership terms, compensation, and removal of members are as
8.15provided in section 15.059.
8.16    Subd. 5. Quorum. A majority of the members appointed and serving shall
8.17constitute a quorum for the transaction of any business.
8.18    Subd. 6. Initial appointments. The governor shall make all initial appointments
8.19to the council by July 1, 2013. The governor shall designate five members whose terms
8.20will expire on the first Monday in January 2017, and five members whose terms will
8.21expire on the first Monday in January 2019.
8.22    Subd. 7. First meeting. The commissioner shall convene the first meeting by
8.23September 1, 2013.
8.24    Subd. 8. Duties of council. The council, in consultation with the commissioner, has
8.25the following ongoing advisory duties and responsibilities relating to ensuring the quality,
8.26stability, and availability of the individual provider workforce:
8.27(1) assess the size, quality, and stability of the individual provider workforce in
8.28Minnesota and the ability of the existing workforce to meet the growing and changing
8.29needs of both elderly participants and participants with disabilities;
8.30(2) assess and propose strategies to identify, recruit, and retain prospective individual
8.31providers to be available for employment by participants or participants' representatives;
8.32(3) advise the commissioner regarding the development of orientation programs,
8.33training and educational opportunities, and the maintenance of one or more public
8.34registries as described in subdivision 11;
9.1(4) advise the commissioner and other relevant state agencies in assessing existing
9.2mechanisms for preventing abuse and neglect of participants and recommending
9.3improvements to those protections;
9.4(5) advise the commissioner in determining standards for compensation, including
9.5benefits, and other conditions of employment for individual providers sufficient to attract
9.6and maintain a qualified workforce; and
9.7(6) otherwise advise and advocate regarding appropriate means of expanding access
9.8to quality, self-directed direct support services.
9.9    Subd. 9. Operation of covered programs. (a) All covered programs shall operate
9.10consistent with this section, including by providing such services through individual
9.11providers as defined in subdivision 1, paragraph (d), notwithstanding any inconsistent
9.12provisions of section 256B.0659 or section 256B.04, subdivision 16.
9.13    Subd. 10. Use of agency workforce. This requirement shall not restrict the state's
9.14ability to offer to those participants who choose not to self-direct a direct support worker
9.15or are unable to do so the alternative of receiving similar services from the employee
9.16workforce assembled, directed, and controlled by a provider agency.
9.17    Subd. 11. Duties of the Department of Human Services. (a) The commissioner
9.18shall afford to all participants within a covered program the option of employing an
9.19individual provider to provide direct support services.
9.20(b) The commissioner shall ensure that all employment of individual providers is
9.21in conformity with this section.
9.22(c) The commissioner shall, in consultation with the council:
9.23(1) establish compensation rates, payment terms and practices, and any benefit
9.24terms for all individual providers;
9.25(2) provide for required orientation programs for all newly hired individual providers
9.26regarding their employment within the covered programs through which they provide
9.27services;
9.28(3) provide for relevant training and educational opportunities for individual
9.29providers, as well as for participants and participants' representatives who receive services
9.30from individual providers, including opportunities for individual providers to obtain
9.31certification documenting additional training and experience in areas of specialization;
9.32(4) provide for the maintenance of one or more public registries to:
9.33(i) provide routine, emergency, and respite referrals of qualified individual providers
9.34to participants and participants' representatives;
9.35(ii) enable participants and participants' representatives to gain improved access
9.36to, and choice among, prospective individual providers, including by having access
10.1to information about individual providers' training, educational background, work
10.2experience, and availability for hire; and
10.3(iii) provide for appropriate employment opportunities for individual providers and a
10.4means by which they may more easily remain available to provide services to participants
10.5within covered programs; and
10.6(5) establish other appropriate terms and conditions of employment governing the
10.7workforce of individual providers.
10.8(d) The commissioner shall ensure that appropriate background studies under
10.9chapter 245C are performed on all individual providers included on any registry as
10.10described in paragraph (c), clause (4).
10.11(e) The commissioner's authority regarding issues specified in section 179A.54,
10.12subdivision 3, is subject to the state's obligations to meet and negotiate with an exclusive
10.13representative over those issues, and is subject to any agreements entered into covering
10.14issues specified in section 179A.54, subdivision 3.
10.15(f) The commissioner shall cooperate in the implementation of this act with the
10.16commissioner of management and budget in the same manner as would be required of
10.17an appointing authority under section 179A.22 with respect to any negotiations between
10.18the executive branch of the state and the exclusive representative of individual providers,
10.19as authorized under sections 179A.22 and 179A.54 regarding issues specified in section
10.20179A.54, subdivision 3. Any entity, including financial management entities, contracting
10.21with the state to provide support to participants or participants' representatives with regard
10.22to the employment of individual providers, shall assist and cooperate with the council and
10.23commissioner of human services in the operations of this section, including with respect
10.24to the commissioner's compiling and maintaining the list of individual providers required
10.25under paragraph (g).
10.26(g) The commissioner shall, not later than July 1, 2013, and then monthly thereafter,
10.27compile and maintain a list of the names and addresses of all individual providers who
10.28have been paid for providing direct support services to participants within the previous
10.29six months. The list shall not include the name of any participant, or indicate that an
10.30individual provider is a relative of a participant or has the same address as a participant.
10.31The commissioner shall share the lists with the Quality Self-Directed Services Workforce
10.32Council and with others as needed for the state to meet its obligations under chapter 179A
10.33as modified and made applicable to individual providers under section 179A.54, and to
10.34facilitate the representational processes under section 179A.54, subdivisions 9 and 10.
10.35(h) The commissioner shall immediately commence all necessary steps to ensure
10.36that services offered under all covered programs are offered in conformity with this
11.1section to complete any required modifications to currently operating covered programs
11.2by September 1, 2013.

11.3    Sec. 3. SEVERABILITY.
11.4Should any part of this act be declared invalid or unenforceable, or the enforcement
11.5or compliance with it is suspended, restrained, or barred, either by the state or by the final
11.6judgment of a court of competent jurisdiction, the remainder of this act shall remain
11.7in full force and effect.

11.8    Sec. 4. EFFECTIVE DATE.
11.9This act is effective the day following final enactment."