HF 1161

as introduced - 87th Legislature (2011 - 2012) Posted on 03/16/2011 09:52am

A bill for an act
relating to human rights; amending education and program development
requirements; amending certificates of compliance provisions; amending
Minnesota Statutes 2010, sections 363A.06, subdivision 1; 363A.36, subdivision
1; repealing Minnesota Statutes 2010, section 363A.36, subdivision 5.

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

Section 1.

Minnesota Statutes 2010, section 363A.06, subdivision 1, is amended to
read:

Subdivision 1.

Formulation of policies.

(a) The commissioner shall formulate
policies to effectuate the purposes of this chapter and shall do the following:

(1) exercise leadership under the direction of the governor in the development of
human rights policies and programs, and make recommendations to the governor and the
legislature for their consideration and implementation;

(2) establish and maintain a principal office in St. Paul, and any other necessary
branch offices at any location within the state;

(3) meet and function at any place within the state;

(4) employ attorneys, clerks, and other employees and agents as the commissioner
may deem necessary and prescribe their duties;

(5) to the extent permitted by federal law and regulation, utilize the records of the
Department of Employment and Economic Development of the state when necessary
to effectuate the purposes of this chapter;

(6) obtain upon request and utilize the services of all state governmental departments
and agencies;

(7) adopt suitable rules for effectuating the purposes of this chapter;

(8) issue complaints, receive and investigate charges alleging unfair discriminatory
practices, and determine whether or not probable cause exists for hearing;

(9) subpoena witnesses, administer oaths, take testimony, and require the production
for examination of any books or papers relative to any matter under investigation or in
question as the commissioner deems appropriate to carry out the purposes of this chapter;

(10) attempt, by means of deleted text begin education, deleted text end conference, conciliation, and persuasion to
eliminate unfair discriminatory practices as being contrary to the public policy of the state;

deleted text begin (11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;
deleted text end

deleted text begin (12) deleted text end new text begin (11) new text end make a written report of the activities of the commissioner to the governor
each year;

deleted text begin (13) deleted text end new text begin (12) new text end accept gifts, bequests, grants, or other payments public and private to help
finance the activities of the department;

deleted text begin (14) deleted text end new text begin (13) new text end create such local and statewide advisory committees as will in the
commissioner's judgment aid in effectuating the purposes of the Department of Human
Rights;

deleted text begin (15) develop such programs as will aid in determining the compliance throughout
the state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion,
national origin, sex, age, disability, marital status, status with regard to public assistance,
familial status, sexual orientation, or other factors and develop accurate data on the nature
and extent of discrimination and other matters as they may affect housing, employment,
public accommodations, schools, and other areas of public life;
deleted text end

deleted text begin (16) deleted text end new text begin (14) new text end develop and disseminate technical assistance to persons subject to the
provisions of this chapter, and to agencies and officers of governmental and private
agencies;

deleted text begin (17) deleted text end new text begin (15) new text end provide staff services to such advisory committees as may be created in
aid of the functions of the Department of Human Rights;

deleted text begin (18) deleted text end new text begin (16) new text end make grants in aid to the extent that appropriations are made available for
that purpose in aid of carrying out duties and responsibilities; and

deleted text begin (19) deleted text end new text begin (17) new text end cooperate and consult with the commissioner of labor and industry
regarding the investigation of violations of, and resolution of complaints regarding section
363A.08, subdivision 7.

In performing these duties, the commissioner shall give priority to those duties in
clauses (8), (9), and (10) deleted text begin and to the duties in section 363A.36 deleted text end .

(b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause deleted text begin (13) deleted text end new text begin (12) new text end , must be deposited in the state treasury and credited to a
special account. Money in the account is appropriated to the commissioner of human
rights to help finance activities of the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 2.

Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read:

Subdivision 1.

Scope of application.

(a) For all contracts for goods and services in
excess of deleted text begin $100,000 deleted text end new text begin $250,000 new text end , no department or agency of the state shall accept any bid or
proposal for a contract or agreement from any business having more than deleted text begin 40 deleted text end new text begin 50 new text end 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 deleted text begin two deleted text end new text begin
five new text end 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.

(b) This paragraph applies to a contract for goods or services in excess of deleted text begin $100,000 deleted text end new text begin
$250,000 new text end 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 deleted text begin 40 deleted text end new text begin 50 new text end 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.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, section 363A.36, subdivision 5, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2011.
new text end