HF 388

as introduced - 89th Legislature (2015 - 2016) Posted on 01/29/2015 04:31pm

A bill for an act
relating to state government; requiring certain state grantees to use the federal
E-Verify program; amending Minnesota Statutes 2014, sections 16B.98,
subdivision 5; 16C.075.

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

Section 1.

Minnesota Statutes 2014, section 16B.98, subdivision 5, is amended to read:

Subd. 5.

Creation and validity of grant agreements.

(a) A grant agreement is
not valid and the state is not bound by the grant unless:

(1) the grant has been executed by the head of the agency or a delegate who is
party to the grant;

(2) the accounting system shows an encumbrance for the amount of the grant in
accordance with policy approved by the commissioner except as provided in subdivision
11; and

(3) the grant agreement includes an effective date that references either section
16C.05, subdivision 2, or 16B.98, subdivisions 5 and 7, as determined by the granting
agency.

(b) The combined grant agreement and amendments must not exceed five years
without specific, written approval by the commissioner according to established policy,
procedures, and standards, or unless the commissioner determines that a longer duration is
in the best interest of the state.

(c) A fully executed copy of the grant agreement with all amendments and other
required records relating to the grant must be kept on file at the granting agency for a time
equal to that required of grantees in subdivision 8.

(d) Grant agreements must comply with policies established by the commissioner
for minimum grant agreement standards and practices.

(e) The attorney general may periodically review and evaluate a sample of state
agency grants to ensure compliance with applicable laws.

new text begin (f) A grant agreement valued in excess of $50,000, other than a capital project grant
to a political subdivision, must require certification that the grantee has implemented or is
in the process of implementing the federal E-Verify program for all newly-hired employees
in the United States who will be paid in whole or in part with funds under the grant. For a
capital project grant to a political subdivision, the grant agreement must require that the
prime contractor for work valued in excess of $50,000 must have implemented the federal
E-Verify program for all newly-hired employees. If an employer is in the process of
implementing the federal E-Verify program at the time of entering into a grant agreement
or contract that is subject to this section, the employer must verify enrollment in the
federal E-Verify program within 30 days of entering into the agreement or contract.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015, and applies to a grant
agreement entered into on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 16C.075, is amended to read:

16C.075 E-VERIFY.

A contract for services valued in excess of $50,000 must require certification from
the vendor and any subcontractors that, as of the date services on behalf of the state of
Minnesota will be performed, the vendor and all subcontractors have implemented or are
in the process of implementing the federal E-Verify program for all newly hired employees
in the United States who will perform work on behalf of the state of Minnesota. new text begin If an
employer is in the process of implementing the federal E-Verify program at the time of
entering into a contract that is subject to this section, the employer must verify enrollment
in the federal E-Verify program within 30 days of entering into the contract. new text end This section
does not apply to contracts entered into by the State Board of Investment.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2015, and applies to a contract
entered into on or after that date.
new text end