HF 950

5th Engrossment - 88th Legislature (2013 - 2014) Posted on 05/06/2013 12:20pm

A bill for an act
relating to collective bargaining; authorizing collective bargaining for family
child care providers and individual providers of direct support services; creating
a Quality Consumer-Directed Services Workforce; appropriating money;
proposing coding for new law in Minnesota Statutes, chapters 179A; 256B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

FAMILY CHILD CARE PROVIDERS REPRESENTATION ACT

Section 1.

new text begin [179A.50] REPRESENTATION OF FAMILY CHILD CARE
PROVIDERS.
new text end

new text begin Sections 179A.50 to 179A.52 shall be known as the Family Child Care Providers
Representation Act.
new text end

Sec. 2.

new text begin [179A.51] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 179A.50 to 179A.52, the terms
in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of mediation
services.
new text end

new text begin Subd. 3. new text end

new text begin Exclusive representative. new text end

new text begin "Exclusive representative" means an employee
organization that has been elected and certified under section 179A.52, thereby maintaining
the right to represent family child care providers in their relations with the state.
new text end

new text begin Subd. 4. new text end

new text begin Family child care provider. new text end

new text begin "Family child care provider" means an
individual, either licensed or unlicensed, who provides legal child care services as defined
under section 245A.03, except for providers licensed under Minnesota Rules, chapter
9503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a),
clause (5), and who provides subsidized child care services for a child or children currently
in their care under sections 119B.011, subdivisions 20 and 20a; 119B.03; and 119B.05.
new text end

Sec. 3.

new text begin [179A.52] RIGHT TO ORGANIZE.
new text end

new text begin Subdivision 1. new text end

new text begin Right to organize; limitations. new text end

new text begin Family child care providers shall
have the right to form, join, and participate in the activities of employee organizations of
their own choosing for the purpose of representation and meeting and negotiating with
the state. Sections 179A.06, subdivisions 3 and 6, and 179A.22 apply to family child
care providers except as otherwise provided in this section. Family child care providers
have the rights and obligations of public employees only for the purposes of meeting and
negotiating on issues specified in subdivision 7, paragraph (a), and purposes related to
meeting and conferring as provided in this section. This section does not grant family child
care providers status as public employees for any other purpose than the use of procedures
in this chapter for the right to organize, mediate, and negotiate related to the issues specified
in subdivision 7, paragraph (a), and to meet and confer as set forth in this section. This
chapter applies to the relations between the state, the exclusive representative, and family
child care providers only for purposes of this section. Family child care providers shall
have the same rights to interest arbitration provided under section 179A.16, subdivision 2,
to essential employees. Family child care providers shall not have the right to strike.
new text end

new text begin The commissioner of human services may administer section 179A.06, subdivisions
3 and 6, for the purposes of this section only.
new text end

new text begin Subd. 2. new text end

new text begin Appropriate unit. new text end

new text begin The only appropriate unit under this section shall be a
statewide unit of all family child care providers. The unit shall be treated as an appropriate
unit under section 179A.10, subdivision 2.
new text end

new text begin Subd. 3. new text end

new text begin Certification; process. new text end

new text begin For the purposes of determining certification
under section 179A.12, the commissioner shall utilize a list of family child care providers
compiled by the commissioner of human services over the most recent 12-month period.
The commissioner shall conduct a certification election by mail ballot pursuant to the
procedures in this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Compilation of list. new text end

new text begin The commissioner of human services shall, by July 1,
2013, and monthly thereafter, compile and maintain a list of the names and addresses of
all family child care providers who have had an active registration under chapter 119B
within the previous 12 months. The list shall not include the name of any participant, or
indicate that an individual provider is a relative of a participant or has the same address as
a participant. The commissioner shall share the lists with others as needed for the state
to meet its obligations under this chapter as modified and made applicable to family
child care providers under this section, and to facilitate the representational processes
under this section.
new text end

new text begin Subd. 5. new text end

new text begin List access. new text end

new text begin Beginning July 1, 2013, upon a showing made to the
commissioner of the Bureau of Mediation Services by any employee organization wishing
to represent the appropriate unit of family child care providers that at least 500 family
child care providers support such representation, the commissioner of human services
shall provide to such organization within seven days the most recent list of family child
care providers compiled under subdivision 4, and subsequent monthly lists upon request
for an additional three months.
new text end

new text begin Subd. 6. new text end

new text begin Elections for exclusive representative. new text end

new text begin After July 31, 2013, any employee
organization wishing to represent the appropriate unit of family child care providers may
seek exclusive representative status pursuant to section 179A.12. Certification elections
for family child care providers shall be conducted by mail ballot, and such election shall
be conducted upon an appropriate petition stating that at least ten percent of the unit
wishes to be represented by the petitioner. The family child care providers eligible to
vote in any such election shall be those family child care providers on the monthly list
of family child care providers compiled under this section, most recently preceding the
filing of the election petition. Except as otherwise provided, elections under this clause
shall be conducted in accordance with section 179A.12.
new text end

new text begin Subd. 7. new text end

new text begin Meet and negotiate. new text end

new text begin (a) If the commissioner certifies an employee
organization as the majority exclusive representative, the state, through the commissioner
of management and budget, shall meet and negotiate in good faith with the exclusive
representative of the family child care provider unit on the following issues:
new text end

new text begin (1) child care assistance reimbursement rates under chapter 119B;
new text end

new text begin (2) fringe benefits, including those paid upon termination, but not retirement
contributions or benefits, and not other benefits to be paid when a person is no longer a
family child care provider; and
new text end

new text begin (3) grievance procedures regarding matters in clauses (1) and (2).
new text end

new text begin (b) This obligation does not compel the state or its representatives to agree to a
proposal or require the making of a concession. The commissioner of management and
budget is authorized to enter into agreements with the exclusive representative on issues
specified in paragraph (a).
new text end

new text begin Subd. 8. new text end

new text begin Legislative action on agreements. new text end

new text begin Any interest arbitration award or
negotiated agreement reached between the state and the exclusive representative of the
family child care provider unit under this chapter shall be submitted to the legislature to be
accepted or rejected in accordance with sections 3.855 and 179A.22, subject to section
179A.20, subdivisions 2 and 5.
new text end

new text begin Subd. 9. new text end

new text begin Meet and confer. new text end

new text begin The state has an obligation to meet and confer under this
chapter with the exclusive representative of the family child care provider unit to discuss
policies and other matters relating to their working conditions.
new text end

new text begin Subd. 10. new text end

new text begin Exemption; federal law. new text end

new text begin In affording family child care providers
the right to engage in collective action, select a representative, and jointly engage in
discussions with the state under the terms of this section, the state intends that the "state
action" exemption from federal antitrust laws be fully available to the state, based on
the state's active supervision of family child care providers to improve the quality,
accessibility, and affordability of early childhood education services in the state.
new text end

new text begin Subd. 11. new text end

new text begin Rights. new text end

new text begin Nothing in this section shall be construed to interfere with:
new text end

new text begin (1) parental rights to select and deselect family child care providers or the ability of
family child care providers to establish the rates they charge to parents;
new text end

new text begin (2) the right or obligation of any state agency to communicate or meet with any
citizen, including other family child care providers, or organization concerning family
child care legislation, regulation, or policy on any topic that is not specified in subdivision
7, paragraph (a); or
new text end

new text begin (3) the rights and responsibilities of family child care providers under federal law.
new text end

new text begin Subd. 12. new text end

new text begin Membership status and eligibility for subsidies. new text end

new text begin Membership status in
an employee organization shall not affect the eligibility of a family child care provider to
receive payments under, or serve a child who receives payments under, chapter 119B.
new text end

new text begin Subd. 13. new text end

new text begin Membership status and licensure. new text end

new text begin Membership status in an employee
organization shall not affect the licensure of a family child care provider.
new text end

Sec. 4.

new text begin [179A.53] NO USE OF SCHOLARSHIPS FOR DUES OR FEES.
new text end

new text begin Early learning scholarships shall not be applied, through state withholding or
otherwise, toward payment of dues or fees that are paid to exclusive representatives of
family child care providers.
new text end

Sec. 5. new text begin SEVERABILITY.
new text end

new text begin Should any part of this act be declared invalid or unenforceable, or the enforcement
or compliance with it is suspended, restrained, or barred, either by the state or by the final
judgment of a court of competent jurisdiction, the remainder of this act shall remain
in full force and effect.
new text end

ARTICLE 2

INDIVIDUAL PROVIDERS OF DIRECT SUPPORT SERVICES
REPRESENTATION

Section 1.

new text begin [179A.54] INDIVIDUAL PROVIDERS OF DIRECT SUPPORT
SERVICES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section:
new text end

new text begin (b) "Direct support services" has the meaning given to it under section 256B.0711,
subdivision 1, paragraph (d).
new text end

new text begin (c) "Individual provider" has the meaning given to it under section 256B.0711,
subdivision 1, paragraph (e).
new text end

new text begin (d) "Participant" has the meaning given to it under section 256B.0711, subdivision 1,
paragraph (f).
new text end

new text begin (e) "Participant's representative" has the meaning given to it under section
256B.0711, subdivision 1, paragraph (g).
new text end

new text begin Subd. 2. new text end

new text begin Rights of individual providers and participants. new text end

new text begin Only for the purposes
of meeting and negotiating on issues specified in subdivision 3, individual providers shall
be considered, by virtue of this section, executive branch state employees employed by
the commissioner of management and budget or the commissioner's representative. This
section does not require the treatment of individual providers as public employees for any
other purpose. Chapter 179A shall apply to individual providers except as otherwise
provided in this section. Notwithstanding section 179A.03, subdivision 14, paragraph
(a), clause (5), chapter 179A shall apply to individual providers regardless of part-time
or full-time employment status.
new text end

new text begin Subd. 3. new text end

new text begin Scope of meet and negotiate obligation. new text end

new text begin If an exclusive representative
is certified pursuant to this section, the mutual rights and obligations of the state and an
exclusive representative of individual providers to meet and negotiate regarding terms
and conditions shall extend only to the following issues:
new text end

new text begin (1) compensation rates and payment terms and practices;
new text end

new text begin (2) fringe benefits, including those that are paid for or funded per hour of service of
an individual provider, but not for state retirement payments or other benefits to be paid by
the state when a person no longer intends to be an individual provider;
new text end

new text begin (3) access to training and educational opportunities, including training funds, for
individual providers;
new text end

new text begin (4) orientation programs, including those for newly hired individual providers;
new text end

new text begin (5) access to job opportunities within covered programs, including referral
opportunities and practices, through the operation of public registries;
new text end

new text begin (6) access to and dissemination of information in the registry to participants and
participants' representatives; and
new text end

new text begin (7) procedures for resolving grievances regarding matters in clauses (1) to (6).
new text end

new text begin Subd. 4. new text end

new text begin Rights of covered program participants. new text end

new text begin No provision of any agreement
reached between the state and any exclusive representative of individual providers,
nor any arbitration award, shall interfere with the rights of participants or participants'
representatives to select, hire, direct, supervise, and terminate the employment of their
individual providers; to manage an individual service budget regarding the amounts and
types of authorized goods or services received; or to receive direct support services from
individual providers not referred to them through a state registry.
new text end

new text begin Subd. 5. new text end

new text begin Legislative action on agreements. new text end

new text begin Any negotiated agreement or
arbitration decision reached between the state and the exclusive representative of
individual providers under this chapter shall be submitted to the legislature to be accepted
or rejected in accordance with sections 3.855 and 179A.22, subject to section 179A.20,
subdivisions 2 and 5.
new text end

new text begin Subd. 6. new text end

new text begin Strikes prohibited. new text end

new text begin Individual providers shall be subject to the prohibition
on strikes applied to essential employees under section 179A.18.
new text end

new text begin Subd. 7. new text end

new text begin Interest arbitration. new text end

new text begin Individual providers shall be subject to the interest
arbitration procedures applied to essential employees under section 179A.16.
new text end

new text begin Subd. 8. new text end

new text begin Appropriate unit. new text end

new text begin The only appropriate unit for individual providers shall
be a statewide unit of all individual providers. Individual providers who are related to
their participant or their participant's representative shall not for such reason be excluded
from the appropriate unit.
new text end

new text begin Subd. 9. new text end

new text begin List access. new text end

new text begin Beginning September 1, 2013, upon a showing made to
the commissioner of the Bureau of Mediation Services by any employee organization
wishing to represent the appropriate unit of individual providers that at least 500
individual providers support such representation, the commissioner of mediation services
shall provide to such organization within seven days the most recent list of individual
providers compiled under section 256B.0711, subdivision 11, paragraph (g), and up to
three subsequent monthly lists upon request. The commissioner of mediation services
shall provide lists compiled under section 256B.0711, subdivision 11, paragraph (g), upon
request, to any employee organizations certified as an exclusive representative of individual
providers. The commissioner of human services shall provide the lists to the commissioner
of mediation services, upon the request of the commissioner of mediation services.
new text end

new text begin Subd. 10. new text end

new text begin Representation and election. new text end

new text begin Beginning October 1, 2013, any employee
organization wishing to represent the appropriate unit of individual providers may seek
exclusive representative status pursuant to section 179A.12. Certification elections
for individual providers shall be conducted by mail ballot, and such election shall be
conducted upon an appropriate petition stating that at least ten percent of the unit wishes
to be represented by the petitioner. The individual providers eligible to vote in any such
election shall be those individual providers on the monthly list of individual providers
compiled under section 256B.0711, subdivision 11, paragraph (g), most recently preceding
the filing of the election petition. Except as otherwise provided, elections under this
section shall be conducted in accordance with section 179A.12.
new text end

new text begin Subd. 11. new text end

new text begin Fee collection prior to agreement ratification. new text end

new text begin Any fees otherwise
required under section 179A.06, subdivision 3, shall not commence prior to the ratification
of an agreement under section 179A.22. This subdivision does not limit the availability of
voluntary dues check off under section 179A.06, subdivision 6.
new text end

new text begin Subd. 12. new text end

new text begin Exemption; federal law. new text end

new text begin In affording individual providers the right to
engage in collective action, select a representative, and jointly engage in discussions with
the state under the terms of this section, the state intends that the "state action" exemption
from federal antitrust laws be fully available to the state, based on the state's active
supervision of individual providers to improve the quality, accessibility, and affordability
of direct support services in the state.
new text end

Sec. 2.

new text begin [256B.0711] QUALITY CONSUMER-DIRECTED SERVICES
WORKFORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section:
new text end

new text begin (b) "Commissioner" means the commissioner of human services unless otherwise
indicated.
new text end

new text begin (c) "Covered program" means a program to provide direct support services funded in
whole or in part by the state of Minnesota, including the Community First Services and
Supports program; Consumer Directed Community Supports services and extended state
plan personal care assistance services available under programs established pursuant to
home and community-based service waivers authorized under section 1915(c) of the Social
Security Act and Minnesota Statutes including, but not limited to, sections 256B.0915,
256B.092, and 256B.49, and under the alternative care program, as offered pursuant to
section 256B.0913, all as modified by subdivision 9; the personal care assistance choice
program, as established pursuant to section 256B.0659, subdivisions 18 to 20, and modified
by this section; and any similar program that may provide such services in the future.
new text end

new text begin (d) "Direct support services" means personal care assistance services covered by
medical assistance under section 256B.0625, subdivisions 19a and 19c; assistance with
activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (b),
and instrumental activities of daily living as defined in section 256B.0659, subdivision 1,
paragraph (i); and other similar, in-home, nonprofessional long-term services and supports
provided to an elderly person or person with a disability by the employee or the employee
of the representative to meet such person's daily living needs and ensure that such person
may adequately function in his or her home and have safe access to the community.
new text end

new text begin (e) "Individual provider" means an individual selected by and working under the
direction of a participant in a covered program, or a participant's representative, to provide
direct support services to the participant, but does not include an employee of a provider
agency, subject to the agency's direction and control commensurate with agency employee
status.
new text end

new text begin (f) "Participant" means a person who receives direct support services through
a covered program.
new text end

new text begin (g) "Participant's representative" means a participant's legal guardian or an individual
having the authority and responsibility to act on behalf of a participant with respect to the
provision of direct support services through a covered program.
new text end

new text begin Subd. 2. new text end

new text begin Quality Consumer-Directed Services Workforce Council established.
new text end

new text begin There is established the Quality Consumer-Directed Services Workforce Council to ensure
the quality and availability of individual providers to be selected by and work under the
direction of a participant or a participant's representative to provide direct support services.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin The council shall have 11 members and shall be composed
of the commissioner of human services or the commissioner's designee, who shall serve as
chair, and the following members, who shall be appointed by the governor:
new text end

new text begin (1) one parent or legal guardian of a minor who is a current recipient of direct
support services in covered programs;
new text end

new text begin (2) six current recipients of direct support services in covered programs, including:
new text end

new text begin (i) at least one current recipient of direct support services through consumer-directed
community supports; and
new text end

new text begin (ii) two current recipients of direct support services who are adults with a legal
guardian, who may participate with the assistance of their guardian or other support
person of their choice; and
new text end

new text begin (3) one member of the State Council on Disability under section 256.482, one
member of the Governor's Council on Developmental Disabilities, and one member of the
Minnesota Board on Aging under section 256.975.
new text end

new text begin The membership of the council shall be geographically representative of the
participants in covered programs and reflect the diversity of direct support service
participants with respect to race, age, and disability. No member, other than the chair, shall
be an employee of the Department of Human Services or the Department of Management
and Budget and no member shall be an individual provider.
new text end

new text begin Subd. 4. new text end

new text begin Appointments; membership terms; compensation; removal; vacancies.
new text end

new text begin All appointments to the council and filling of vacancies shall be made as provided
in section 15.0597. Membership terms, compensation, and removal of members are
as provided in section 15.059. Members shall also be reimbursed for reasonable and
necessary travel and personal assistance services expenses that allow for performing
council duties and attending authorized meetings.
new text end

new text begin Subd. 5. new text end

new text begin Quorum. new text end

new text begin A majority of the members appointed and serving shall
constitute a quorum for the transaction of any business.
new text end

new text begin Subd. 6. new text end

new text begin Initial appointments. new text end

new text begin The governor shall make all initial appointments
to the council by July 1, 2013. The governor shall designate five members whose terms
will expire on the first Monday in January 2017, and five members whose terms will
expire on the first Monday in January 2019.
new text end

new text begin Subd. 7. new text end

new text begin Meetings. new text end

new text begin (a) Notwithstanding section 13D.01, the Quality
Consumer-Directed Services Workforce Council may conduct a meeting of its members
by telephone or other electronic means so long as the following conditions are met:
new text end

new text begin (1) all members of the council participating in the meeting, wherever their physical
location, can hear one another and can hear all discussion and testimony;
new text end

new text begin (2) members of the public present at the regular meeting location of the council can
hear all discussion and all votes of members of the council and participate in testimony;
new text end

new text begin (3) at least one member of the council is physically present at the regular meeting
location;
new text end

new text begin (4) all votes are conducted by roll call, so each member's vote on each issue can
be identified and recorded; and
new text end

new text begin (5) accommodations are made for members with communication barriers so that all
members are able to actively participate.
new text end

new text begin (b) Each member of the council participating in a meeting by telephone or other
electronic means is considered present at the meeting for purposes of determining a
quorum and participating in all proceedings.
new text end

new text begin (c) If telephone or another electronic means is used to conduct a meeting, the council,
to the extent practical, shall allow a person to monitor the meeting electronically from a
remote location. The council may require the person making such a connection to pay for
documented marginal costs that the council incurs as a result of the additional connection.
new text end

new text begin (d) If telephone or another electronic means is used to conduct a regular, special, or
emergency meeting, the council shall provide notice of the regular meeting location, of
the fact that some members may participate by electronic means, and of the provisions of
paragraph (c). The timing and method of providing notice is governed by section 13D.04.
new text end

new text begin Subd. 8. new text end

new text begin Duties of council. new text end

new text begin The council, in consultation with the commissioner, has
the following ongoing advisory duties and responsibilities relating to ensuring the quality,
stability, and availability of the individual provider workforce:
new text end

new text begin (1) assess the size, quality, and stability of the individual provider workforce in
Minnesota and the ability of the existing workforce to meet the growing and changing
needs of both elderly participants and participants with disabilities;
new text end

new text begin (2) assess and propose strategies to identify, recruit, and retain prospective individual
providers to be available for employment by participants or participants' representatives;
new text end

new text begin (3) advise the commissioner regarding the development of orientation programs,
training and educational opportunities, and the maintenance of one or more public
registries as described in subdivision 11;
new text end

new text begin (4) advise the commissioner and other relevant state agencies in assessing existing
mechanisms for preventing abuse and neglect of participants and recommending
improvements to those protections;
new text end

new text begin (5) advise the commissioner in determining standards for compensation, including
benefits, and other conditions of employment for individual providers sufficient to attract
and maintain a qualified workforce; and
new text end

new text begin (6) otherwise advise and advocate regarding appropriate means of expanding access
to quality, self-directed direct support services.
new text end

new text begin Subd. 9. new text end

new text begin Operation of covered programs. new text end

new text begin All covered programs shall operate
consistent with this section, including by affording participants and participants'
representatives within the programs the option of receiving services through individual
providers as defined in subdivision 1, paragraph (e), notwithstanding any inconsistent
provisions of section 256B.04, subdivision 16, or 256B.0659.
new text end

new text begin Subd. 10. new text end

new text begin Use of agency workforce. new text end

new text begin This requirement shall not restrict the state's
ability to afford to participants and participants' representatives within covered programs
who chose not to employ an individual provider, or are unable to do so, the option of
receiving similar services through the employees of provider agencies rather than through
an individual provider.
new text end

new text begin Subd. 11. new text end

new text begin Duties of the Department of Human Services. new text end

new text begin (a) The commissioner
shall afford to all participants within a covered program the option of employing an
individual provider to provide direct support services.
new text end

new text begin (b) The commissioner shall ensure that all employment of individual providers is
in conformity with this section and section 179A.54, including by modifying program
operations as necessary to ensure proper classification of individual providers to require
that all relevant vendors within covered programs assist and cooperate as needed in the
efforts, including providers of fiscal support, fiscal intermediary, financial management,
or similar services to provide support to participants and participants' representatives
with regard to employing individual providers, and to otherwise fulfill the requirements
of this section, including paragraph (g).
new text end

new text begin (c) The commissioner shall, in consultation with the council:
new text end

new text begin (1) establish compensation rates, payment terms and practices, and any benefit
terms for all individual providers;
new text end

new text begin (2) provide for required orientation programs within three months of hire for all
individual providers hired on or after January 1, 2015, regarding their employment within
the covered programs through which they provide services;
new text end

new text begin (3) have the authority to provide for relevant training and educational opportunities
for individual providers, as well as for participants and participants' representatives
who receive services from individual providers, including opportunities for individual
providers to obtain certification documenting additional training and experience in areas
of specialization;
new text end

new text begin (4) have the authority to provide for the maintenance of one or more public registries
of individuals who have consented to be included to:
new text end

new text begin (i) provide routine, emergency, and respite referrals of qualified individual providers
to participants and participants' representatives;
new text end

new text begin (ii) enable participants and participants' representatives to gain improved access
to, and choice among, prospective individual providers, including by having access
to information about individual providers' training, educational background, work
experience, and availability for hire; and
new text end

new text begin (iii) provide for appropriate employment opportunities for individual providers and a
means by which they may more easily remain available to provide services to participants
within covered programs; and
new text end

new text begin (5) establish other appropriate terms and conditions of employment governing the
workforce of individual providers.
new text end

new text begin (d) The commissioner shall ensure that appropriate background studies under
chapter 245C are performed on all individual providers included on any registry as
described in paragraph (c), clause (4).
new text end

new text begin (e) The commissioner's authority regarding issues specified in section 179A.54,
subdivision 3, is subject to the state's obligations to meet and negotiate with an exclusive
representative over those issues, and is subject to any agreements entered into covering
issues specified in section 179A.54, subdivision 3. Except as otherwise provided by law,
the commissioner shall not undertake activities in paragraph (c), clauses (3) and (4), prior
to July 1, 2015, unless included in a negotiated agreement and an appropriation has been
provided by the legislature to the commissioner to perform this work.
new text end

new text begin (f) The commissioner shall cooperate in the implementation of section 179A.54
with the commissioner of management and budget in the same manner as would be
required of an appointing authority under section 179A.22 with respect to any negotiations
between the executive branch of the state and the exclusive representative of individual
providers, as authorized under sections 179A.22 and 179A.54, regarding issues specified
in section 179A.54, subdivision 3. Any entity providing relevant services within covered
programs, including providers of fiscal support, fiscal intermediary, financial management,
or similar services to provide support to participants and participants' representatives with
regard to employing individual providers, shall assist and cooperate with the council and
commissioner of human services in the operations of this section, including with respect
to the commissioner's obligations under paragraphs (b) and (g).
new text end

new text begin (g) The commissioner shall, no later than September 1, 2013, and then monthly
thereafter, compile and maintain a list of the names and addresses of all individual providers
who have been paid for providing direct support services to participants within the
previous six months. The list shall not include the name of any participant or indicate that
an individual provider is a relative of a participant or has the same address as a participant.
The commissioner shall share the lists with the Quality Self-Directed Services Workforce
Council and with others as needed for the state to meet its obligations under chapter 179A
as modified and made applicable to individual providers under section 179A.54, and to
facilitate the representational processes under section 179A.54, subdivisions 9 and 10. In
order to effectuate this section and section 179A.54, questions of employee organization
access to other relevant data on individual providers relating to their employment or
prospective employment within covered programs shall be governed by chapter 179A and
section 13.43 and shall be treated the same as labor organization access to personnel
data under section 13.43, subdivision 6. This shall not include access to private data on
participants or participants' representatives. Nothing in this section or section 179A.54
shall alter the access rights of other private parties to data on individual providers.
new text end

new text begin (h) The commissioner shall immediately commence all necessary steps to ensure
that services offered under all covered programs are offered in conformity with this
section, to gather all information that may be needed for promptly compiling required lists
under this section, including information from current vendors within covered programs,
and to complete any required modifications to currently operating covered programs by
September 1, 2013.
new text end

new text begin (i) Beginning January 1, 2014, the commissioner of human services shall specifically
require that any fiscal support, fiscal intermediary, financial management, or similar entities
providing payroll assistance services with respect to individual providers shall make all
needed deductions, on behalf of the state, of dues check off amounts or fair share fees for the
exclusive representative, pursuant to section 179A.06, subdivisions 3 and 6. All contracts
with entities for the provision of payroll-related services must include this requirement.
new text end

Sec. 3. new text begin SEVERABILITY.
new text end

new text begin Should any part of this act be declared invalid or unenforceable, or the enforcement
or compliance with it is suspended, restrained, or barred, either by the state or by the final
judgment of a court of competent jurisdiction, the remainder of this act shall remain
in full force and effect.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective the day following final enactment.
new text end

ARTICLE 3

APPROPRIATIONS

Section 1. new text begin HUMAN SERVICES.
new text end

new text begin $1,476,000 is appropriated to the commissioner of human services from the general
fund in fiscal year 2014 and $1,287,000 is appropriated to the commissioner of human
services from the general fund in fiscal year 2015 to implement articles 1 and 2 of this
act. The base for this appropriation is $2,901,000 in fiscal year 2016 and $1,823,000
in fiscal year 2017.
new text end

Sec. 2. new text begin MANAGEMENT AND BUDGET.
new text end

new text begin $235,000 is appropriated from the general fund to the commissioner of management
and budget in fiscal year 2014 and $235,000 is appropriated from the general fund to
the commissioner of management and budget in fiscal year 2015 to implement articles
1 and 2 of this act. The base for this appropriation is $118,000 in fiscal year 2016 and
$118,000 in fiscal year 2017.
new text end

Sec. 3. new text begin MEDIATION SERVICES.
new text end

new text begin $207,000 is appropriated from the general fund in fiscal year 2014 to the
commissioner of mediation services to implement articles 1 and 2. This is a onetime
appropriation.
new text end