1.1 	A bill for an act
1.2 	relating to collective bargaining; authorizing collective bargaining for family 
1.3 	child care providers and individual providers of direct support services; creating 
1.4 	a Quality Self-Directed Services Workforce;proposing coding for new law in 
1.5 	Minnesota Statutes, chapters 179A; 256B.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	ARTICLE 1
1.8 	FAMILY CHILD CARE PROVIDERS REPRESENTATION ACT

1.9 	Section 1. [179A.50] REPRESENTATION OF FAMILY CHILD CARE 
1.10 	PROVIDERS.
1.11 	Sections 179A.50 to 179A.52 shall be known as the Family Child Care Providers 
1.12 	Representation Act.

1.13 	Sec. 2. [179A.51] DEFINITIONS.
1.14 		Subdivision 1.Scope. For the purposes of sections 179A.50 to 179A.52, the terms 
1.15 	in this section have the meanings given them.
1.16 		Subd. 2.Commissioner. "Commissioner" means the commissioner of mediation 
1.17 	services.
1.18 		Subd. 3.Exclusive representative.  "Exclusive representative" means an employee 
1.19 	organization that has been elected and certified under section 179A.52, thereby maintaining 
1.20 	the right to represent family child care providers in their relations with the state.
1.21 		Subd. 4.Family child care provider.  "Family child care provider" means an 
1.22 	individual, either licensed or unlicensed, who provides legal child care services as defined 
1.23 	under section 245A.03, except for providers licensed under Minnesota Rules, chapter 
2.1 	9503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a), 
2.2 	clause (5), and who provides subsidized child care services for a child or children currently 
2.3 	in their care under sections 119B.011, subdivisions 20 and 20a; 119B.03; and 119B.05.

2.4 	Sec. 3. [179A.52] RIGHT TO ORGANIZE.
2.5 		Subdivision 1.Right to organize; limitations.  Family child care providers shall 
2.6 	have the right to form, join, and participate in the activities of employee organizations of 
2.7 	their own choosing for the purpose of representation and meeting and negotiating with 
2.8 	the state. Sections 179A.06, subdivisions 3 and 6, and 179A.22 apply to family child 
2.9 	care providers except as otherwise provided in this section. Family child care providers 
2.10 	have the rights and obligations of public employees only for the purposes of meeting and 
2.11 	negotiating on issues specified in subdivision 7, paragraph (a), and purposes related to 
2.12 	meeting and conferring as provided in this section. This section does not grant family child 
2.13 	care providers status as public employees for any other purpose than the use of procedures 
2.14 	in this chapter for the right to organize, mediate, and negotiate related to the issues specified 
2.15 	in subdivision 7, paragraph (a), and to meet and confer as set forth in this section. This 
2.16 	chapter applies to the relations between the state, the exclusive representative, and family 
2.17 	child care providers only for purposes of this section. Family child care providers shall 
2.18 	have the same rights to interest arbitration provided under section 179A.16, subdivision 2, 
2.19 	to essential employees. Family child care providers shall not have the right to strike.
2.20 		Subd. 2.Appropriate unit. The only appropriate unit under this section shall be a 
2.21 	statewide unit of all family child care providers. The unit shall be treated as an appropriate 
2.22 	unit under section 179A.10, subdivision 2.
2.23 		Subd. 3.Certification; process.   For the purposes of determining certification 
2.24 	under section 179A.12, the commissioner shall utilize a list of family child care providers 
2.25 	compiled by the commissioner of human services over the most recent 12-month period. 
2.26 	The commissioner shall conduct a certification election by mail ballot pursuant to the 
2.27 	procedures in this chapter.
2.28 		Subd. 4.Compilation of list.  The commissioner of human services shall, by July 
2.29 	1, 2013, and monthly thereafter, compile and maintain a list of the names and addresses 
2.30 	of all family child care providers who have been paid for providing child care assistance 
2.31 	services to participants within the previous 12 months. The list shall not include the name 
2.32 	of any participant, or indicate that an individual provider is a relative of a participant 
2.33 	or has the same address as a participant. The commissioner shall share the lists with 
2.34 	others as needed for the state to meet its obligations under this chapter as modified and 
3.1 	made applicable to family child care providers under this section, and to facilitate the 
3.2 	representational processes under this section.
3.3 		Subd. 5.List access.  Beginning July 1, 2013, upon a showing made to the 
3.4 	commissioner of the Bureau of Mediation Services by any employee organization wishing 
3.5 	to represent the appropriate unit of family child care providers that at least 500 family 
3.6 	child care providers support such representation, the commissioner of human services 
3.7 	shall provide to such organization within seven days the most recent list of family child 
3.8 	care providers compiled under subdivision 4, and subsequent monthly lists upon request 
3.9 	for an additional three months.
3.10 		Subd. 6.Elections for exclusive representative. After July 31, 2013, any employee 
3.11 	organization wishing to represent the appropriate unit of family child care providers may 
3.12 	seek exclusive representative status pursuant to section 179A.12. Representation elections 
3.13 	for family child care providers shall be conducted by mail ballot, and such election shall 
3.14 	be conducted upon an appropriate petition stating that at least ten percent of the unit 
3.15 	wishes to be represented by the petitioner. The family child care providers eligible to 
3.16 	vote in any such election shall be those family child care providers on the monthly list 
3.17 	of family child care providers compiled under this section, most recently preceding the 
3.18 	filing of the election petition. Except as otherwise provided, elections under this clause 
3.19 	shall be conducted in accordance with section 179A.12.
3.20 		Subd. 7.Meet and negotiate. (a) If the commissioner certifies an employee 
3.21 	organization as the majority exclusive representative, the state, through the commissioner 
3.22 	of management and budget, shall meet and negotiate in good faith with the exclusive 
3.23 	representative of the family child care provider unit on the following issues:
3.24 	(1) child care assistance reimbursement rates under chapter 119B;
3.25 	(2) fringe benefits, including those paid upon termination, but not retirement 
3.26 	contributions or benefits, and not other benefits to be paid when a person is no longer a 
3.27 	family child care provider; and
3.28 	(3) grievance procedures regarding matters in clauses (1) and (2).
3.29 	(b) This obligation does not compel the state or its representatives to agree to a 
3.30 	proposal or require the making of a concession. The commissioner of management and 
3.31 	budget is authorized to enter into agreements with the exclusive representative on issues 
3.32 	specified in paragraph (a).
3.33 		Subd. 8.Legislative action on agreements. Any interest arbitration award or 
3.34 	negotiated agreement reached between the state and the exclusive representative of the 
3.35 	family child care provider unit under this chapter shall be submitted to the legislature to be 
4.1 	accepted or rejected in accordance with sections  3.855 and 179A.22, subject to section 
4.2 	179A.20, subdivisions 2 and 5.
4.3 		Subd. 9.Meet and confer. The state has an obligation to meet and confer under this 
4.4 	chapter with the exclusive representative of the family child care provider unit to discuss 
4.5 	policies and other matters relating to their working conditions.
4.6 		Subd. 10.Exemption; federal law.  In affording family child care providers 
4.7 	the right to engage in collective action, select a representative, and jointly engage in 
4.8 	discussions with the state under the terms of this section, the state intends that the "state 
4.9 	action" exemption from federal antitrust laws be fully available to the state, based on 
4.10 	the state's active supervision of family child care providers to improve the quality, 
4.11 	accessibility, and affordability of early childhood education services in the state.
4.12 		Subd. 11.Rights. Nothing in this section shall be construed to interfere with: 
4.13 	(1) parental rights to select and deselect family child care providers or the ability of 
4.14 	family child care providers to establish the rates they charge to parents;
4.15 	(2) the right or obligation of any state agency to communicate or meet with any 
4.16 	citizen, including other family child care providers, or organization concerning family 
4.17 	child care legislation, regulation, or policy on any topic that is not specified in subdivision 
4.18 	7, paragraph (a); or
4.19 	(3) the rights and responsibilities of family child care providers under federal law. 
4.20 		Subd. 12.Membership status and eligibility for subsidies. Membership status in 
4.21 	an employee organization shall not affect the eligibility of a family child care provider to 
4.22 	receive payments under, or serve a child who receives payments under, chapter 119B.

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

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

5.1 	ARTICLE 2
5.2 	INDIVIDUAL PROVIDERS OF DIRECT SUPPORT SERVICES 
5.3 	REPRESENTATION

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

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

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

11.21 	Sec. 4. EFFECTIVE DATE.
 11.22 	This act is effective the day following final enactment.