Bill Text: MN HF950 | 2013-2014 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Family child care providers and home and community-based long-term care services collective bargaining authorized, funding provided, and money appropriated.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2013-05-16 - HF indefinitely postponed [HF950 Detail]

Download: Minnesota-2013-HF950-Engrossed.html

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

1.7ARTICLE 1
1.8FAMILY CHILD CARE PROVIDERS REPRESENTATION ACT

1.9    Section 1. [179A.50] REPRESENTATION OF FAMILY CHILD CARE
1.10PROVIDERS.
1.11Sections 179A.50 to 179A.52 shall be known as the Family Child Care Providers
1.12Representation 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
1.15in this section have the meanings given them.
1.16    Subd. 2. Commissioner. "Commissioner" means the commissioner of mediation
1.17services.
1.18    Subd. 3. Exclusive representative. "Exclusive representative" means an employee
1.19organization that has been elected and certified under section 179A.52, thereby maintaining
1.20the 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
1.22individual, either licensed or unlicensed, who provides legal child care services as defined
1.23under section 245A.03, except for providers licensed under Minnesota Rules, chapter
2.19503, or excluded from licensure under section 245A.03, subdivision 2, paragraph (a),
2.2clause (5), and who provides subsidized child care services for a child or children currently
2.3in 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
2.6have the right to form, join, and participate in the activities of employee organizations of
2.7their own choosing for the purpose of representation and meeting and negotiating with
2.8the state. Sections 179A.06, subdivisions 3 and 6, and 179A.22 apply to family child
2.9care providers except as otherwise provided in this section. Family child care providers
2.10have the rights and obligations of public employees only for the purposes of meeting and
2.11negotiating on issues specified in subdivision 7, paragraph (a), and purposes related to
2.12meeting and conferring as provided in this section. This section does not grant family child
2.13care providers status as public employees for any other purpose than the use of procedures
2.14in this chapter for the right to organize, mediate, and negotiate related to the issues specified
2.15in subdivision 7, paragraph (a), and to meet and confer as set forth in this section. This
2.16chapter applies to the relations between the state, the exclusive representative, and family
2.17child care providers only for purposes of this section. Family child care providers shall
2.18have the same rights to interest arbitration provided under section 179A.16, subdivision 2,
2.19to essential employees. Family child care providers shall not have the right to strike.
2.20The commissioner of human services may administer section 179A.06, subdivision
2.216, for the purposes of this section only.
2.22    Subd. 2. Appropriate unit. The only appropriate unit under this section shall be a
2.23statewide unit of all family child care providers. The unit shall be treated as an appropriate
2.24unit under section 179A.10, subdivision 2.
2.25    Subd. 3. Certification; process. For the purposes of determining certification
2.26under section 179A.12, the commissioner shall utilize a list of family child care providers
2.27compiled by the commissioner of human services over the most recent 12-month period.
2.28The commissioner shall conduct a certification election by mail ballot pursuant to the
2.29procedures in this chapter.
2.30    Subd. 4. Compilation of list. The commissioner of human services shall, by July 1,
2.312013, and monthly thereafter, compile and maintain a list of the names and addresses of
2.32all family child care providers who have had an active registration under chapter 119B
2.33within the previous 12 months. The list shall not include the name of any participant, or
2.34indicate that an individual provider is a relative of a participant or has the same address as
2.35a participant. The commissioner shall share the lists with others as needed for the state
3.1to meet its obligations under this chapter as modified and made applicable to family
3.2child care providers under this section, and to facilitate the representational processes
3.3under this section.
3.4    Subd. 5. List access. Beginning July 1, 2013, upon a showing made to the
3.5commissioner of the Bureau of Mediation Services by any employee organization wishing
3.6to represent the appropriate unit of family child care providers that at least 500 family
3.7child care providers support such representation, the commissioner of human services
3.8shall provide to such organization within seven days the most recent list of family child
3.9care providers compiled under subdivision 4, and subsequent monthly lists upon request
3.10for an additional three months.
3.11    Subd. 6. Elections for exclusive representative. After July 31, 2013, any employee
3.12organization wishing to represent the appropriate unit of family child care providers may
3.13seek exclusive representative status pursuant to section 179A.12. Representation elections
3.14for family child care providers shall be conducted by mail ballot, and such election shall
3.15be conducted upon an appropriate petition stating that at least ten percent of the unit
3.16wishes to be represented by the petitioner. The family child care providers eligible to
3.17vote in any such election shall be those family child care providers on the monthly list
3.18of family child care providers compiled under this section, most recently preceding the
3.19filing of the election petition. Except as otherwise provided, elections under this clause
3.20shall be conducted in accordance with section 179A.12.
3.21    Subd. 7. Meet and negotiate. (a) If the commissioner certifies an employee
3.22organization as the majority exclusive representative, the state, through the commissioner
3.23of management and budget, shall meet and negotiate in good faith with the exclusive
3.24representative of the family child care provider unit on the following issues:
3.25(1) child care assistance reimbursement rates under chapter 119B;
3.26(2) fringe benefits, including those paid upon termination, but not retirement
3.27contributions or benefits, and not other benefits to be paid when a person is no longer a
3.28family child care provider; and
3.29(3) grievance procedures regarding matters in clauses (1) and (2).
3.30(b) This obligation does not compel the state or its representatives to agree to a
3.31proposal or require the making of a concession. The commissioner of management and
3.32budget is authorized to enter into agreements with the exclusive representative on issues
3.33specified in paragraph (a).
3.34    Subd. 8. Legislative action on agreements. Any interest arbitration award or
3.35negotiated agreement reached between the state and the exclusive representative of the
3.36family child care provider unit under this chapter shall be submitted to the legislature to be
4.1accepted or rejected in accordance with sections 3.855 and 179A.22, subject to section
4.2179A.20, subdivisions 2 and 5.
4.3    Subd. 9. Meet and confer. The state has an obligation to meet and confer under this
4.4chapter with the exclusive representative of the family child care provider unit to discuss
4.5policies and other matters relating to their working conditions.
4.6    Subd. 10. Exemption; federal law. In affording family child care providers
4.7the right to engage in collective action, select a representative, and jointly engage in
4.8discussions with the state under the terms of this section, the state intends that the "state
4.9action" exemption from federal antitrust laws be fully available to the state, based on
4.10the state's active supervision of family child care providers to improve the quality,
4.11accessibility, 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
4.14family 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
4.16citizen, including other family child care providers, or organization concerning family
4.17child care legislation, regulation, or policy on any topic that is not specified in subdivision
4.187, 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
4.21an employee organization shall not affect the eligibility of a family child care provider to
4.22receive 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.
4.24Early learning scholarships shall not be applied, through state withholding or
4.25otherwise, toward payment of dues or fees that are paid to exclusive representatives of
4.26family child care providers.

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

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

5.4    Section 1. [179A.54] INDIVIDUAL PROVIDERS OF DIRECT SUPPORT
5.5SERVICES.
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,
5.8subdivision 1, paragraph (d).
5.9(c) "Individual provider" has the meaning given to it under section 256B.0711,
5.10subdivision 1, paragraph (e).
5.11(d) "Participant" has the meaning given to it under section 256B.0711, subdivision 1,
5.12paragraph (f).
5.13(e) "Participant's representative" has the meaning given to it under section
5.14256B.0711, subdivision 1, paragraph (g).
5.15    Subd. 2. Rights of individual providers and participants. Only for the purposes
5.16of meeting and negotiating on issues specified in subdivision 3, individual providers shall
5.17be considered, by virtue of this section, executive branch state employees employed by
5.18the commissioner of management and budget or the commissioner's representative. This
5.19section does not require the treatment of individual providers as public employees for
5.20any other purpose. This chapter shall apply to individual providers except as otherwise
5.21provided 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
5.23or full-time employment status.
5.24    Subd. 3. Scope of meet and negotiate obligation. If an exclusive representative
5.25is certified pursuant to this section, the mutual rights and obligations of the state and an
5.26exclusive representative of individual providers to meet and negotiate regarding terms
5.27and 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
5.30an individual provider, but not for state retirement payments or other benefits to be paid by
5.31the state when a person no longer intends to be an individual provider;
5.32(3) access to training and educational opportunities, including training funds, for
5.33individual providers;
5.34(4) required orientation programs, including those for newly hired individual
5.35providers;
6.1(5) access to job opportunities within covered programs, including referral
6.2opportunities and practices, through the operation of public registries;
6.3(6) access to and dissemination of information in the registry to participants and
6.4participants' representatives; and
6.5(7) procedures for resolving grievances regarding matters in clauses (1) to (6).
6.6    Subd. 4. Rights of covered program participants. No provision of any agreement
6.7reached between the state and any exclusive representative of individual providers,
6.8nor any arbitration award, shall interfere with the rights of participants or participants'
6.9representatives to select, hire, direct, supervise, and terminate the employment of their
6.10individual providers; to manage an individual service budget regarding the amounts and
6.11types of authorized goods or services received; or to receive direct support services from
6.12individual providers not referred to them through a state registry.
6.13    Subd. 5. Legislative action on agreements. Any negotiated agreement or
6.14arbitration decision reached between the state and the exclusive representative of
6.15individual providers under this chapter shall be submitted to the legislature to be accepted
6.16or rejected in accordance with sections 3.855 and 179A.22, subject to section 179A.20,
6.17subdivisions 2 and 5.
6.18    Subd. 6. Strikes prohibited. Individual providers shall be subject to the prohibition
6.19on strikes applied to essential employees under section 179A.18.
6.20    Subd. 7. Interest arbitration. Individual providers shall be subject to the interest
6.21arbitration procedures applied to essential employees under section 179A.16.
6.22    Subd. 8. Appropriate unit. The only appropriate unit for individual providers shall
6.23be a statewide unit of all individual providers. Individual providers who are related to
6.24their participant or their participant's representative shall not for such reason be excluded
6.25from the appropriate unit.
6.26    Subd. 9. List access. Beginning July 1, 2013, upon a showing made to the
6.27commissioner of the Bureau of Mediation Services by any employee organization wishing
6.28to represent the appropriate unit of individual providers that at least 500 individual
6.29providers support such representation, the commissioner of human services shall provide
6.30to such organization within seven days the most recent list of individual providers
6.31compiled under section 256B.0711, subdivision 11, paragraph (g), and subsequent
6.32monthly lists upon request for an additional three months.
6.33    Subd. 10. Representation and election. Beginning August 1, 2013, any employee
6.34organization wishing to represent the appropriate unit of individual providers may seek
6.35exclusive representative status pursuant to section 179A.12. Representation elections
6.36for individual providers shall be conducted by mail ballot, and such election shall be
7.1conducted upon an appropriate petition stating that at least ten percent of the unit wishes
7.2to be represented by the petitioner. The individual providers eligible to vote in any such
7.3election shall be those individual providers on the monthly list of individual providers
7.4compiled under section 256B.0711, subdivision 11, paragraph (g), most recently preceding
7.5the filing of the election petition. Except as otherwise provided, elections under this
7.6section shall be conducted in accordance with section 179A.12.
7.7    Subd. 11. Fee collection prior to agreement ratification. Any fees otherwise
7.8required under section 179A.06, subdivision 3, shall not commence prior to the ratification
7.9of an agreement under section 179A.22. This subdivision does not limit the availability of
7.10voluntary dues check off under section 179A.06, subdivision 6.
7.11    Subd. 12. Exemption; federal law. In affording individual providers the right to
7.12engage in collective action, select a representative, and jointly engage in discussions with
7.13the state under the terms of this section, the state intends that the "state action" exemption
7.14from federal antitrust laws be fully available to the state, based on the state's active
7.15supervision of individual providers to improve the quality, accessibility, and affordability
7.16of direct support services in the state.

7.17    Sec. 2. [256B.0711] QUALITY CONSUMER-DIRECTED SERVICES
7.18WORKFORCE.
7.19    Subdivision 1. Definitions. (a) For purposes of this section:
7.20(b) "Commissioner" means the commissioner of human services unless otherwise
7.21indicated.
7.22(c) "Covered program" means a program to provide direct support services funded in
7.23whole or in part by the state of Minnesota, including the Community First Services and
7.24Supports program; Consumer Directed Community Supports services and extended state
7.25plan personal care assistance services available under programs established pursuant
7.26to home and community-based service waivers authorized under section 1915(c) of
7.27the Social Security Act and Minnesota Statutes including, but not limited to, sections
7.28256B.0915 and 256B.49, and under the alternative care program, as offered pursuant
7.29to section 256B.0913, all as modified by subdivision 9; the personal care assistance
7.30choice program, as established pursuant to section 256B.0659, subdivisions 18 to 20, and
7.31modified by this section; and any similar program that may provide such services.
7.32(d) "Direct support services" means personal care assistance services covered by
7.33medical assistance under section 256B.0625, subdivisions 19a and 19c; assistance with
7.34activities of daily living as defined in section 256B.0659, subdivision 1, paragraph (b),
7.35and instrumental activities of daily living as defined in section 256B.0659, subdivision
8.11, paragraph (i); and other similar, in-home, nonprofessional long-term services and
8.2supports provided to an elderly person or person with a disability to meet such person's
8.3daily living needs and ensure that such person may adequately function in his or her home
8.4and have safe access to the community.
8.5(e) "Individual provider" means an individual selected by and working under the
8.6direction of a participant in a covered program, or a participant's representative, to provide
8.7direct support services to the participant, and does not include an individual from an
8.8employee workforce assembled, directed, and controlled by a provider agency.
8.9(f) "Participant" means a person who receives direct support services through
8.10a covered program.
8.11(g) "Participant's representative" means a participant's legal guardian or an individual
8.12having the authority and responsibility to act on behalf of a participant with respect to the
8.13provision of direct support services through a covered program.
8.14    Subd. 2. Quality Consumer-Directed Services Workforce Council established.
8.15There is established the Quality Consumer-Directed Services Workforce Council to ensure
8.16the quality and availability of individual providers to be selected by and work under the
8.17direction of participants to provide direct support services.
8.18    Subd. 3. Membership. The council shall have 11 members and shall be composed
8.19of the commissioner of human services or the commissioner's designee, who shall serve as
8.20chair, and the following members, who shall be appointed by the governor:
8.21(1) one parent or legal guardian of a minor who is a current recipient of direct
8.22support services in covered programs;
8.23(2) six current recipients of direct support services in covered programs, including:
8.24(i) at least one current recipient of direct support services through consumer-directed
8.25community supports; and
8.26(ii) two current recipients of direct support services who are adults with a legal
8.27guardian, who may participate with the assistance of their guardian or other support
8.28person of their choice; and
8.29(3) one member of the State Council on Disability under section 256.482, one
8.30member of the Governor's Council on Developmental Disabilities, and one member of the
8.31Minnesota Board on Aging under section 256.975.
8.32The membership of the council shall be geographically representative of the
8.33participants in covered programs and reflect the diversity of direct support service
8.34participants with respect to race, age, and disability. No member, other than the chair, shall
8.35be an employee of the Department of Human Services or the Department of Management
8.36and Budget and no member shall be an individual provider.
9.1    Subd. 4. Appointments; membership terms; compensation; removal; vacancies.
9.2All appointments to the council and filling of vacancies shall be made as provided
9.3in section 15.0597. Membership terms, compensation, and removal of members are
9.4as provided in section 15.059. Members shall also be reimbursed for reasonable and
9.5necessary travel and personal assistance services expenses that allow for performing
9.6council duties and attending authorized meetings.
9.7    Subd. 5. Quorum. A majority of the members appointed and serving shall
9.8constitute a quorum for the transaction of any business.
9.9    Subd. 6. Initial appointments. The governor shall make all initial appointments
9.10to the council by July 1, 2013. The governor shall designate five members whose terms
9.11will expire on the first Monday in January 2017, and five members whose terms will
9.12expire on the first Monday in January 2019.
9.13    Subd. 7. Meetings. (a) Notwithstanding section 13D.01, the Quality
9.14Consumer-Directed Services Workforce Council may conduct a meeting of its members
9.15by telephone or other electronic means so long as the following conditions are met:
9.16(1) all members of the council participating in the meeting, wherever their physical
9.17location, can hear one another and can hear all discussion and testimony;
9.18(2) members of the public present at the regular meeting location of the council can
9.19hear all discussion and all votes of members of the council and participate in testimony;
9.20(3) at least one member of the council is physically present at the regular meeting
9.21location;
9.22(4) all votes are conducted by roll call, so each member's vote on each issue can
9.23be identified and recorded; and
9.24(5) accommodations are made for members with communication barriers so that all
9.25members are able to actively participate.
9.26(b) Each member of the council participating in a meeting by telephone or other
9.27electronic means is considered present at the meeting for purposes of determining a
9.28quorum and participating in all proceedings.
9.29(c) If telephone or another electronic means is used to conduct a meeting, the council,
9.30to the extent practical, shall allow a person to monitor the meeting electronically from a
9.31remote location. The council may require the person making such a connection to pay for
9.32documented marginal costs that the council incurs as a result of the additional connection.
9.33(d) If telephone or another electronic means is used to conduct a regular, special, or
9.34emergency meeting, the council shall provide notice of the regular meeting location, of
9.35the fact that some members may participate by electronic means, and of the provisions of
9.36paragraph (c). The timing and method of providing notice is governed by section 13D.04.
10.1    Subd. 8. Duties of council. The council, in consultation with the commissioner, has
10.2the following ongoing advisory duties and responsibilities relating to ensuring the quality,
10.3stability, and availability of the individual provider workforce:
10.4(1) assess the size, quality, and stability of the individual provider workforce in
10.5Minnesota and the ability of the existing workforce to meet the growing and changing
10.6needs of both elderly participants and participants with disabilities;
10.7(2) assess and propose strategies to identify, recruit, and retain prospective individual
10.8providers to be available for employment by participants or participants' representatives;
10.9(3) advise the commissioner regarding the development of orientation programs,
10.10training and educational opportunities, and the maintenance of one or more public
10.11registries as described in subdivision 11;
10.12(4) advise the commissioner and other relevant state agencies in assessing existing
10.13mechanisms for preventing abuse and neglect of participants and recommending
10.14improvements to those protections;
10.15(5) advise the commissioner in determining standards for compensation, including
10.16benefits, and other conditions of employment for individual providers sufficient to attract
10.17and maintain a qualified workforce; and
10.18(6) otherwise advise and advocate regarding appropriate means of expanding access
10.19to quality, self-directed direct support services.
10.20    Subd. 9. Operation of covered programs. All covered programs shall operate
10.21consistent with this section, including by providing such services through individual
10.22providers as defined in subdivision 1, paragraph (e), notwithstanding any inconsistent
10.23provisions of section 256B.04, subdivision 16, or 256B.0659.
10.24    Subd. 10. Use of agency workforce. This requirement shall not restrict the state's
10.25ability to offer to those participants who choose not to self-direct a direct support worker
10.26or are unable to do so the alternative of receiving similar services from the employee
10.27workforce assembled, directed, and controlled by a provider agency.
10.28    Subd. 11. Duties of the Department of Human Services. (a) The commissioner
10.29shall afford to all participants within a covered program the option of employing an
10.30individual provider to provide direct support services.
10.31(b) The commissioner shall ensure that all employment of individual providers is
10.32in conformity with this section.
10.33(c) The commissioner shall, in consultation with the council:
10.34(1) establish compensation rates, payment terms and practices, and any benefit
10.35terms for all individual providers;
11.1(2) provide for required orientation programs for all newly hired individual providers
11.2regarding their employment within the covered programs through which they provide
11.3services;
11.4(3) provide for relevant training and educational opportunities for individual
11.5providers, as well as for participants and participants' representatives who receive services
11.6from individual providers, including opportunities for individual providers to obtain
11.7certification documenting additional training and experience in areas of specialization;
11.8(4) provide for the maintenance of one or more public registries of individuals who
11.9have consented to be included to:
11.10(i) provide routine, emergency, and respite referrals of qualified individual providers
11.11to participants and participants' representatives;
11.12(ii) enable participants and participants' representatives to gain improved access
11.13to, and choice among, prospective individual providers, including by having access
11.14to information about individual providers' training, educational background, work
11.15experience, and availability for hire; and
11.16(iii) provide for appropriate employment opportunities for individual providers and a
11.17means by which they may more easily remain available to provide services to participants
11.18within covered programs; and
11.19(5) establish other appropriate terms and conditions of employment governing the
11.20workforce of individual providers.
11.21(d) The commissioner shall ensure that appropriate background studies under
11.22chapter 245C are performed on all individual providers included on any registry as
11.23described in paragraph (c), clause (4).
11.24(e) The commissioner's authority regarding issues specified in section 179A.54,
11.25subdivision 3, is subject to the state's obligations to meet and negotiate with an exclusive
11.26representative over those issues, and is subject to any agreements entered into covering
11.27issues specified in section 179A.54, subdivision 3.
11.28(f) The commissioner shall cooperate in the implementation of this act with the
11.29commissioner of management and budget in the same manner as would be required of
11.30an appointing authority under section 179A.22 with respect to any negotiations between
11.31the executive branch of the state and the exclusive representative of individual providers,
11.32as authorized under sections 179A.22 and 179A.54, regarding issues specified in section
11.33179A.54, subdivision 3. Any entity, including financial management entities, contracting
11.34with the state to provide support to participants or participants' representatives with regard
11.35to the employment of individual providers, shall assist and cooperate with the council and
11.36commissioner of human services in the operations of this section, including with respect
12.1to the commissioner's compiling and maintaining the list of individual providers required
12.2under paragraph (g).
12.3(g) The commissioner shall, no later than July 1, 2013, and then monthly thereafter,
12.4compile and maintain a list of the names and addresses of all individual providers who
12.5have been paid for providing direct support services to participants within the previous
12.6six months. The list shall not include the name of any participant or indicate that an
12.7individual provider is a relative of a participant or has the same address as a participant.
12.8The commissioner shall share the lists with the Quality Self-Directed Services Workforce
12.9Council and with others as needed for the state to meet its obligations under chapter 179A
12.10as modified and made applicable to individual providers under section 179A.54, and to
12.11facilitate the representational processes under section 179A.54, subdivisions 9 and 10.
12.12(h) The commissioner shall immediately commence all necessary steps to ensure
12.13that services offered under all covered programs are offered in conformity with this
12.14section to complete any required modifications to currently operating covered programs
12.15by September 1, 2013.

12.16    Sec. 3. SEVERABILITY.
12.17Should any part of this act be declared invalid or unenforceable, or the enforcement
12.18or compliance with it is suspended, restrained, or barred, either by the state or by the final
12.19judgment of a court of competent jurisdiction, the remainder of this act shall remain
12.20in full force and effect.

12.21    Sec. 4. EFFECTIVE DATE.
12.22This act is effective the day following final enactment.
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