1.1.................... moves to amend H.F. No. 869, the first committee engrossment, as
1.2follows:
1.3Page 27, line 20, delete "is guaranteed" and insert "must be offered the opportunity
1.4to participate in" and after "tuition" insert "plan, according to this section,"
1.5Page 29, line 15, delete "is guaranteed" and insert "must be offered the opportunity
1.6to participate in" and after "tuition" insert "plan, according to this section,"
1.7Page 30, after line 16, insert:

1.8    "Sec. 32. Minnesota Statutes 2008, section 179A.03, subdivision 14, is amended to
1.9read:
1.10    Subd. 14. Public employee or employee. "Public employee" or "employee" means
1.11any person appointed or employed by a public employer except:
1.12(a) elected public officials;
1.13(b) election officers;
1.14(c) commissioned or enlisted personnel of the Minnesota National Guard;
1.15(d) emergency employees who are employed for emergency work caused by natural
1.16disaster;
1.17(e) part-time employees whose service does not exceed the lesser of 14 hours per
1.18week or 35 percent of the normal work week in the employee's appropriate unit;
1.19(f) employees whose positions are basically temporary or seasonal in character and:
1.20(1) are not for more than 67 working days in any calendar year; or (2) are not for more
1.21than 100 working days in any calendar year and the employees are under the age of 22, are
1.22full-time students enrolled in a nonprofit or public educational institution prior to being
1.23hired by the employer, and have indicated, either in an application for employment or by
1.24being enrolled at an educational institution for the next academic year or term, an intention
1.25to continue as students during or after their temporary employment;
2.1(g) employees providing services for not more than two consecutive quarters to the
2.2Board of Trustees of the Minnesota State Colleges and Universities under the terms of a
2.3professional or technical services contract as defined in section 16C.08, subdivision 1;
2.4(h) employees of charitable hospitals as defined by section 179.35, subdivision 3;
2.5(i) full-time undergraduate students employed by the school which they attend under
2.6a work-study program or in connection with the receipt of financial aid, irrespective
2.7of number of hours of service per week;
2.8(j) an individual who is employed for less than 300 hours in a fiscal year as an
2.9instructor in an adult vocational education program;
2.10(k) an individual hired by the Board of Trustees of the Minnesota State Colleges and
2.11Universities to teach one course for three or fewer credits for one semester in a year;
2.12(l) with respect to court employees:
2.13(1) personal secretaries to judges;
2.14(2) law clerks;
2.15(3) managerial employees;
2.16(4) confidential employees; and
2.17(5) supervisory employees;
2.18(m) with respect to employees of Hennepin Healthcare System, Inc., managerial,
2.19supervisory, and confidential employees.
2.20The following individuals are public employees regardless of the exclusions of
2.21clauses (e) and (f):
2.22(i) An employee hired by a school district or the Board of Trustees of the Minnesota
2.23State Colleges and Universities except at the university established in section 136F.13
2.24the Twin Cities metropolitan area under section 136F.10 or for community services or
2.25community education instruction offered on a noncredit basis: (A) to replace an absent
2.26teacher or faculty member who is a public employee, where the replacement employee
2.27is employed more than 30 working days as a replacement for that teacher or faculty
2.28member; or (B) to take a teaching position created due to increased enrollment, curriculum
2.29expansion, courses which are a part of the curriculum whether offered annually or not, or
2.30other appropriate reasons;
2.31(ii) An employee hired for a position under clause (f)(1) if that same position has
2.32already been filled under clause (f)(1) in the same calendar year and the cumulative
2.33number of days worked in that same position by all employees exceeds 67 calendar days
2.34in that year. For the purpose of this paragraph, "same position" includes a substantially
2.35equivalent position if it is not the same position solely due to a change in the classification
2.36or title of the position; and
3.1(iii) an early childhood family education teacher employed by a school district."
3.2Renumber the sections in sequence and correct the internal references
3.3Amend the title accordingly