HF 2372

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/20/2014 05:05pm

A bill for an act
relating to human rights; making changes to scope of application for certificate
of compliance; clarifying requirements for bids and proposals from certain
businesses; amending Minnesota Statutes 2012, section 473.144; Minnesota
Statutes 2013 Supplement, sections 363A.36, subdivision 1; 363A.37,
subdivision 1.

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

Section 1.

Minnesota Statutes 2013 Supplement, section 363A.36, subdivision 1,
is amended to read:

Subdivision 1.

Scope of application.

deleted text begin (a) For all contracts for goods and services in
excess of $100,000, no department or agency of the state shall accept any bid or proposal
for a contract or agreement from any business having more than 40 full-time employees
within this state on a single working day during the previous 12 months, unless the
commissioner is in receipt of the business' affirmative action plan for the employment of
minority persons, women, and qualified disabled individuals. No department or agency of
the state shall execute any such contract or agreement until the affirmative action plan
has been approved by the commissioner. Receipt of a certificate of compliance issued by
the commissioner shall signify that a firm or business has an affirmative action plan that
has been approved by the commissioner. A certificate shall be valid for a period of four
years. A municipality as defined in section 466.01, subdivision 1, that receives state
money for any reason is encouraged to prepare and implement an affirmative action plan
for the employment of minority persons, women, and the qualified disabled and submit the
plan to the commissioner.
deleted text end

deleted text begin (b) This paragraph applies to a contract for goods or services in excess of $100,000
to be entered into between a department or agency of the state and a business that is
not subject to paragraph (a), but that has more than 40 full-time employees on a single
working day during the previous 12 months in the state where the business has its primary
place of business. A department or agency of the state may not execute a contract or
agreement with a business covered by this paragraph unless the business has a certificate
of compliance issued by the commissioner under paragraph (a) or the business certifies
that it is in compliance with federal affirmative action requirements.
deleted text end

new text begin (a) No department or agency of the state shall accept any bid, proposal, contract, or
agreement for goods and services in excess of $100,000 from any business having more
than 40 full-time employees in this state or a state where the business has its primary place
of business on a single working day during the previous 12 months unless the business
has a certificate of compliance from the commissioner, has applied for a certificate of
compliance from the commissioner, or has certified in writing that it is exempt under
this provision. No department or agency of the state shall execute any such contract or
agreement with a business unless the business has a certificate of compliance from the
commissioner or the business has certified in writing that it is exempt. A certificate is
valid for a period of four years. A municipality as defined in section 466.01, subdivision
1, that receives state money for any reason is encouraged to prepare and implement an
affirmative action plan for the employment of minority persons, women, and the qualified
disabled, and submit the plan to the commissioner.
new text end

deleted text begin (c) deleted text end new text begin (b) new text end This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 352.965, subdivision 4.

deleted text begin (d) deleted text end new text begin (c) new text end The commissioner shall issue a certificate of compliance or notice of denial
within 15 days of the application submitted by the business or firm.

Sec. 2.

Minnesota Statutes 2013 Supplement, section 363A.37, subdivision 1, is
amended to read:

Subdivision 1.

Rules.

The commissioner shall adopt rules to implement section
363A.36 specifying the criteria used to review affirmative action plans and the standards
used to review implementation of affirmative action plans. deleted text begin A firm or business certified
to be in compliance with affirmative action requirements of a local human rights agency
or the federal government shall be deemed to be in compliance with section 363A.36
upon receipt by the commissioner of an affirmative action plan approved by a local
human rights agency or the federal government and amendments to the plan which are
necessary to address the employment of disabled persons protected by section 363A.08
deleted text end new text begin The commissioner shall issue a certificate of compliance to a business approved by
another governmental entity if the affirmative action plan addresses the employment of
disabled persons protected by section 363A.08 new text end .

Sec. 3.

Minnesota Statutes 2012, section 473.144, is amended to read:

473.144 CERTIFICATES OF COMPLIANCE FOR CONTRACTS.

(a) For all contracts for goods and services in excess of $100,000, neither the
council nor an agency listed in section 473.143, subdivision 1, shall accept any bid or
proposal for a contract or agreement from any business having more than 40 full-time
employees within this state deleted text begin on a single working day during the previous 12 months deleted text end new text begin , or a
state where the business has its primary place of business on a single working day during
the previous 12 months new text end , unless the deleted text begin firm or deleted text end business has deleted text begin an affirmative action plan for the
employment of minority persons, women, and qualified disabled individuals submitted
to the commissioner of human rights for approval. Neither the council nor an agency
listed in section 473.143, subdivision 1, shall execute the contract or agreement until the
affirmative action plan has been approved by the commissioner of human rights. Receipt
of a certificate of compliance from the commissioner of human rights signifies that a
business has an approved affirmative action plan deleted text end new text begin a certificate of compliance from the
commissioner, has applied for a certificate of compliance from the commissioner, or has
certified in writing it is exempt from obtaining a certificate new text end . deleted text begin A certificate is valid for two
years. deleted text end new text begin Neither the council nor any agency listed in section 473.143, subdivision 1, shall
execute any contract or agreement with a business unless the business has a certificate
of compliance from the commissioner or the business has certified in writing that it is
exempt. new text end Section 363A.36 governs revocation of certificates. The rules adopted by the
commissioner of human rights under section 363A.37 apply to this section.

deleted text begin (b) This paragraph applies to a contract for goods or services in excess of $100,000
to be entered into between the council or an agency listed in section 473.143, subdivision
1, and a business that is not subject to paragraph (a), but that has more than 40 full-time
employees on a single working day during the previous 12 months in the state where the
business has its primary place of business. The council or the agency may not execute a
contract or agreement with a business covered by this paragraph unless the business has a
certificate of compliance issued by the commissioner under paragraph (a) or the business
certifies to the contracting agency that it is in compliance with federal affirmative action
requirements.
deleted text end