.................... moves to amend H. F. No. 1224 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [179.78] DEFINITIONS.
1.4 Subdivision 1. Scope. For the purposes of sections 179.78 to 179.785, the terms
1.5defined in this section have the meanings given them.
1.6 Subd. 2. Employee influence activity. (a) "Employee influence activity" means any
1.7activity, effort, or attempt by a publicly funded employer:
1.8 (1) to influence its employees regarding their decisions about whether to support
1.9or oppose a labor organization that represents or seeks to represent those employees or
1.10whether to become a member of any labor organization;
1.11 (2) to encourage or discourage any employee from joining or refraining from
1.12joining a labor organization or from participating or refraining from participating in any
1.13activities in support thereof; or
1.14 (3) to encourage or discourage any employee from participating in or refraining
1.15from participating in any effort by a labor organization or any other form of employee
1.16self-organization or any activity in which an employee participates for the purpose of
1.17mutual aid or protection.
1.18 (b) "Employee influence activity" includes:
1.19 (1) conducting meetings during working hours if any such meetings are conducted
1.20for the purpose of or in connection with any action to carry out the purposes of paragraph
1.21(a), clauses (1) to (3);
1.22 (2) training managers, supervisors, or other personnel regarding methods or
1.23techniques of or related to carrying out the purposes of paragraph (a), clauses (1) to (3); and
1.24 (3) hiring, retaining, paying the salary or any other compensation to, or defraying
1.25any expenses of any individual, corporation, unincorporated association, partnership,
1.26firm, consultancy, or other entity, or any individual acting for or on behalf of same, for
2.1performing research, planning, advising, preparing, coordinating, carrying out, or engaging
2.2in activities related to carrying out the purposes of paragraph (a), clauses (1) to (3).
2.3 Subd. 3. Employee. "Employee" means any individual:
2.4 (1) employed by a publicly funded employer, including but not limited to any
2.5individual engaged in performing work, providing services, or fulfilling contracts that are,
2.6in whole or in part, directly or indirectly, paid for, financed, derived, or subsidized by,
2.7with, or from public funds; and
2.8 (2) any individual employed by any employer in connection with such work.
2.9 Subd. 4. State. "State" includes the state of Minnesota and any agency, office,
2.10officer, department, division, board, commission, authority, instrumentality, or political
2.11subdivision thereof; any corporation, entity, or body created by state law; and any
2.12individual designated by or with authority to act for the state or any of its subordinate units
2.13or political subdivisions.
2.14 Subd. 5. Attorney general. "Attorney general" means the attorney general of
2.16 Subd. 6. Employer. "Employer" means any individual, corporation, unincorporated
2.17association, partnership, institution, trustee, trustee in bankruptcy, receiver, government
2.18agency or body, or other legal entity or association other than the state, that employs at
2.19least one person in the state or any director, officer, or managerial employee acting as an
2.20agent for such individual, corporation, unincorporated association, partnership, institution,
2.21trustee, trustee in bankruptcy, receiver, government agency or body, or other legal entity
2.22or association other than the state, that employs at least one person in the state. This
2.23definition includes contractors, subcontractors, grantees, and subgrantees of employers.
2.24 Subd. 7. Publicly funded employer. "Publicly funded employer" means the state
2.25or any employer that receives public funds in excess of $....... per year in any of the
2.26immediately preceding five years whether such funds are received through payment,
2.27grant, allocation, reimbursement, or subsidy.
2.28 Subd. 8. Public funds. "Public funds" means the revenues of the state from
2.29whatever source derived and any money drawn from the accounts or treasury or any special
2.30fund or trust fund of the state or any of its subordinate units and political subdivisions,
2.31insofar as such funds are appropriated, expended, paid over, granted, allocated,
2.32reimbursed, transferred, or contributed to any other person or entity for the purpose of
2.33supplying services to the state, for the performance of public works pursuant to the state or
2.34its citizens, or for or in connection with the performance of any contract with the state.
Sec. 2. [179.781] PROHIBITED ACTIVITIES.
3.2 Subdivision 1. Employer activities. Publicly funded employers shall not engage
3.3in employee influence activity for which public money is used, directly or indirectly, to
3.4pay any cost or expense, or for which any cost or expense is defrayed or reimbursed
3.5from public funds.
3.6 Subd. 2. State activities. The state shall not engage in any employee influence
3.7activity nor shall the state appropriate, pay, grant, or transfer public funds or, with public
3.8funds, reimburse a publicly funded employer for costs or expenditures arising from or in
3.9connection with any employee influence activity.
3.10 Subd. 3. Expression of views. Nothing in this section shall be interpreted to limit
3.11the right of a publicly funded employer to express any views to its employees or others, or
3.12to engage in any otherwise lawful employee influence activity, as long as such expression
3.13is made or action conducted without utilizing public funds.
Sec. 3. [179.782] CERTIFICATION.
3.15 As a condition of receiving public funds, a publicly funded employer other than the
3.16state shall certify to the state that it will not engage in employee influence activity for which
3.17public money is used, directly or indirectly, to pay any cost or expense or for which any
3.18cost or expense is defrayed or reimbursed from public funds. A publicly funded employer
3.19must certify that it will comply with all the requirements of this section. Certification is
3.20required in requests for reimbursements from public funds, requests to participate in state
3.21programs, bid proposal submissions, grant request applications, and service contracts.
Sec. 4. [179.783] RECORD KEEPING.
3.23 A state contractor, grant recipient, or program participant that incurs costs or
3.24expenses related to employee influence activities shall maintain records sufficient to show
3.25that public funds have not been used and are not being sought for the purpose of engaging
3.26in employee influence activities. These records shall be provided to the attorney general
3.27upon request, within ten days of a request.
Sec. 5. [179.784] EXCEPTIONS.
3.29 The provisions of this section shall not apply when the state or publicly funded
3.31 (1) performing an activity required by federal or state law or by a collective
3.33 (2) addressing a grievance or entering into, negotiating, or administering a collective
3.34bargaining agreement or other agreement with a labor organization;
4.1 (3) using bulletin boards, e-mail, or other facilities normally used for communication
4.2with or by employees, by any employee, labor organization, groups of employees, or bona
4.3fide employee organization, for discussion of issues related to unionization or collective
4.4bargaining if any applicable law or collectively bargaining agreement permits or requires a
4.5publicly funded employer to allow such use; or
4.6 (4) using or accessing facilities or property by any employee, labor organization,
4.7groups of employees, or bona fide employee organization if any applicable law or
4.8collective bargaining agreement permits or requires a publicly funded employer to allow
4.9such use or access.
Sec. 6. [179.785] ENFORCEMENT AND ACTIONS.
4.11 Subdivision 1. Department of Labor and Industry. Any citizen or taxpayer of the
4.12state who complains that a publicly funded employer is using or has used public funds
4.13for employee influence activities may request the Department of Labor and Industry
4.14to investigate the matter. The Department of Labor and Industry shall commence an
4.15investigation if there is reasonable cause to believe a violation has occurred or is likely to
4.16occur and shall issue a report within 90 days.
4.17 Subd. 2. Attorney general. A civil action for a violation of this section may be
4.18brought by the attorney general, on behalf of the people of the state, for injunctive relief,
4.19damages, civil penalties, and other appropriate equitable relief.
4.20 Subd. 3. Individual. A citizen or taxpayer may bring an action following
4.21notification to the attorney general. If, at any time after the citizen or taxpayer has
4.22commenced an action, the attorney general commences an action with regard to the same
4.23matter, the suit by the citizen or taxpayer shall be held in abeyance. The court may, in its
4.24discretion and for the assistance of the court, permit any citizen or taxpayer to intervene
4.25and participate in any proceedings connected with the action of the attorney general. If the
4.26attorney general subsequently declines to proceed with its action, the citizen or taxpayer
4.27action shall be reopened and proceed. If the action of the attorney general is dismissed
4.28by the court or resolved by settlement between the parties, the citizen or taxpayer action
4.29shall be dismissed or otherwise resolved as provided in the settlement to the extent that the
4.30actions arise out of the same alleged violations.
4.31 Subd. 4. Cease and desist. The court shall order a publicly funded employer other
4.32than the state to cease and desist from such action and to reimburse the state in the amount
4.33of any prohibited expenditures plus interest and damages. The court shall provide other
4.34relief, legal and equitable, as is just and appropriate, including, when the action was
4.35commenced by a citizen or taxpayer, reasonable costs and attorney fees. Whenever a
5.1citizen or taxpayer action is superseded by an action brought by the attorney general that
5.2results in a finding of a violation of this section, the citizen or taxpayer may recover
5.3reasonable costs and attorney fees incurred prior to the initiation of the action of the
5.5 Subd. 5. Presumption. In any action under this section, it shall be presumed that
5.6public funds were used for any costs or expenditures in connection with any employee
5.7influence activity unless the publicly funded employer establishes by a preponderance
5.8of the evidence that, prior to engaging in such activity, the publicly funded employer
5.9made reasonable efforts to segregate its public funds from other revenue sources, and
5.10that any costs or expenditures associated with such employee influence activity were
5.11entirely defrayed from revenues other than any public funds of which the publicly funded
5.12employer is a recipient, grantee, payee, or beneficiary. If public funds and other funds
5.13are commingled, any costs incurred or expenses related to employee influence activities
5.14shall be presumed to derive pro rata from public funds.
5.15 Subd. 6. Damages and penalties. All damages and civil penalties collected shall be
5.16deposited in the general fund in the state treasury.
Amend the title accordingly