HF 1440

1st Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:38 p.m.

1.1A bill for an act 1.2relating to state government; requiring certificates of pay equity compliance as a 1.3condition for certain state contracts; appropriating money;proposing coding for 1.4new law in Minnesota Statutes, chapter 43A. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6    Section 1. new text begin [43A.50] CERTIFICATE OF PAY EQUITY COMPLIANCE. new text end 1.7     new text begin Subdivision 1. new text end new text begin Scope of application. new text end new text begin For a contract for goods or services in excess new text end 1.8 new text begin of $100,000, a state department or agency may not accept a bid or proposal from a new text end 1.9 new text begin business having more than 40 full-time employees within the state on a single working new text end 1.10 new text begin day during the previous 12 months unless the commissioner has approved the business' new text end 1.11 new text begin plan to establish equitable compensation relationships for its employees and has issued the new text end 1.12 new text begin business a certificate of compliance. A certificate of compliance is valid for two years. new text end 1.13     new text begin Subd. 2. new text end new text begin Compliance; good faith effort. new text end new text begin (a) The commissioner must approve a new text end 1.14 new text begin plan and issue a certificate of compliance under this section to a business if the business new text end 1.15 new text begin demonstrates that it is in compliance with equitable compensation relationship standards new text end 1.16 new text begin or is making a good faith effort to achieve compliance with those standards. The standards new text end 1.17 new text begin for determining equitable compensation relationships for a business under this section new text end 1.18 new text begin are the same as the standards in sections 471.991 to 471.997 and rules adopted under new text end 1.19 new text begin those sections. new text end 1.20 new text begin (b) A business that is not in compliance with equitable compensation relationship new text end 1.21 new text begin standards is making a good faith effort to achieve compliance if the commissioner has new text end 1.22 new text begin approved: new text end 1.23 new text begin (1) a plan for achieving compliance, including the business' proposed actions and new text end 1.24 new text begin response to the commissioner's recommendations; and new text end 2.1 new text begin (2) a proposed date for achieving compliance and for submitting a revised report new text end 2.2 new text begin for the commissioner's review. new text end 2.3     new text begin Subd. 3. new text end new text begin Filing fee; account; appropriation. new text end new text begin The commissioner shall collect new text end 2.4 new text begin a $75 fee for each certificate of compliance issued by the commissioner under this new text end 2.5 new text begin section. The proceeds of the fee must be deposited in a pay equity fee special revenue new text end 2.6 new text begin account. Money in the account is appropriated to the commissioner to fund the cost of new text end 2.7 new text begin administering this section. new text end 2.8     new text begin Subd. 4. new text end new text begin Revocation of certificate. new text end new text begin A certificate of compliance may be suspended new text end 2.9 new text begin or revoked by the commissioner if a holder of a certificate is not effectively implementing new text end 2.10 new text begin or making a good faith effort to implement its approved plan to establish equitable new text end 2.11 new text begin compensation relationships. If a contractor does not effectively implement its approved new text end 2.12 new text begin plan, or fails to make a good faith effort to do so, the commissioner may refuse to approve new text end 2.13 new text begin subsequent plans submitted by that business. new text end 2.14     new text begin Subd. 5. new text end new text begin Revocation of contract. new text end new text begin A contract awarded by a department or agency of new text end 2.15 new text begin the state may be terminated or abridged by the contracting department or agency because new text end 2.16 new text begin of suspension or revocation of a certificate. If a contract is awarded to a person who new text end 2.17 new text begin does not have a contract compliance certificate required, the commissioner may void new text end 2.18 new text begin the contract on behalf of the state. new text end 2.19     new text begin Subd. 6. new text end new text begin Technical assistance. new text end new text begin If the commissioner has suspended a contractor's new text end 2.20 new text begin certificate of compliance, the commissioner shall provide technical assistance that may new text end 2.21 new text begin enable the contractor to be recertified within 90 days after the contractor's certificate new text end 2.22 new text begin has been suspended. new text end 2.23     new text begin Subd. 7. new text end new text begin Access to data. new text end new text begin Data submitted to the commissioner by a contractor new text end 2.24 new text begin or potential contractor for purposes of obtaining a certificate of compliance under this new text end 2.25 new text begin section are private data on individuals or nonpublic data with respect to persons other new text end 2.26 new text begin than department employees. The commissioner's decision to grant, not grant, revoke, or new text end 2.27 new text begin suspend a certificate of compliance is public data. new text end 2.28    Sec. 2. new text begin CERTIFICATE OF COMPLIANCE; TEMPORARY PROVISION. new text end 2.29     new text begin Until July 1, 2008, a business that is not in compliance with equitable compensation new text end 2.30 new text begin relationship standards is making a good faith effort to achieve compliance if the new text end 2.31 new text begin commissioner of employee relations has approved: new text end 2.32     new text begin (1) a statement of the business's intention to prepare a pay equity report and an new text end 2.33 new text begin estimated date no later than July 1, 2008, when the report and plan will be submitted; and new text end 2.34     new text begin (2) information on the business's current status, including a statement on the new text end 2.35 new text begin existence of a company-wide job evaluation system, the total number of male and female new text end 3.1 new text begin employees of the business, and the business's interest in receiving training on how to new text end 3.2 new text begin establish equitable compensation relationships. new text end 3.3    Sec. 3. new text begin REPORT. new text end 3.4     new text begin The commissioner of employee relations shall report to the legislature by January new text end 3.5 new text begin 31, 2008, on implementation of sections 1 and 2. The report must include findings and new text end 3.6 new text begin recommendations on any changes needed to ensure that state contractors achieve equitable new text end 3.7 new text begin compensation relationships. new text end 3.8    Sec. 4. new text begin EFFECTIVE DATE. new text end 3.9 new text begin Section 1 is effective July 1, 2007, and applies to contracts for which a state new text end 3.10 new text begin department or agency issues solicitations on or after that date. new text end