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SF 3732

as introduced - 90th Legislature (2017 - 2018) Posted on 03/23/2018 09:42am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to human services; modifying provisions governing collective bargaining
agreements for self-directed workers; amending Laws 2017, First Special Session
chapter 6, article 18, section 2, subdivision 15.

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

Section 1.

Laws 2017, First Special Session chapter 6, article 18, section 2, subdivision
15, is amended to read:


Subd. 15.

Forecasted Programs; Medical
Assistance

Appropriations by Fund
General
5,174,139,000
5,172,292,000
Health Care Access
385,159,000
438,848,000

(a) Behavioral Health Services. $1,000,000
in fiscal year 2018 and $1,000,000 in fiscal
year 2019 are for behavioral health services
provided by hospitals identified under
Minnesota Statutes, section 256.969,
subdivision 2b
, paragraph (a), clause (4). The
increase in payments shall be made by
increasing the adjustment under Minnesota
Statutes, section 256.969, subdivision 2b,
paragraph (e), clause (2).

(b) Self-Directed Workforce Collective
Bargaining Agreement.
(1) This
appropriation includes money to implement a
collective bargaining agreement between the
state and the Service Employees International
Union Healthcare Minnesota (SEIU). This
appropriation is not available until the
collective bargaining agreement between the
state of Minnesota and the Service Employees
International Union Healthcare Minnesota
under Minnesota Statutes, section 179A.54,
is approved as provided in clause (3).

(2) The commissioner of management and
budget is authorized to negotiate and enter
into a collective bargaining agreement with
SEIU under Minnesota Statutes, section
179A.54, subject to clause (1), and subdivision
7, paragraph (f). The economic terms of the
collective bargaining agreement may include
wage floor increases for direct support
workers, paid time off, holiday pay, wage
increases for workers serving people with
complex needs, training stipends, and training
for direct support workers and for
implementation of the registry as outlined in
the collective bargaining agreement.

(3) Notwithstanding Minnesota Statutes,
sections 3.855, 179A.22, subdivision 4, and
179A.54, subdivision 5, upon approval of a
negotiated collective bargaining agreement by
the SEIU and the commissioner of
management and budget, the commissioner
of human services is authorized to implement
the negotiated collective bargaining
agreement.

new text begin (4) Nothing in this subdivision or other law
shall be deemed to prohibit the conduct of a
decertification election among the self-directed
workers, nor shall any collective bargaining
agreement entered into pursuant to this
subdivision be deemed to prohibit a
decertification election. Notwithstanding
Minnesota Statutes, sections 179A.12 and
179A.54, and Minnesota Rules, chapter 5510,
or other law, by July 1, 2019, the Bureau of
Mediation Services shall conduct a
decertification election for self-directed
workers if, at any time prior to July 1, 2019,
the Bureau of Mediation Services is provided
decertification election authorization cards or
petitions containing the names and signatures
of 6,000 or more self-directed workers. For
the purposes of this subdivision, self-directed
workers refers to personal care attendants or
home care workers, whose names appeared
on any list of self-directed workers provided
to the persons seeking decertification by the
Department of Human Services or the Bureau
of Mediation Services between May 1, 2016,
and July 1, 2019, and who signed a card
between May 1, 2016, and July 1, 2019.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from July 1, 2017.
new text end