HF 508

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to restraint of trade; making it unlawful for 
  1.3             a competitor to operate a taconite company over which 
  1.4             it does not have control; amending Minnesota Statutes 
  1.5             1996, section 325D.53, subdivision 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 325D.53, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  Without limiting section 325D.51, the following, 
  1.10  when performed by a person within the jurisdiction of this 
  1.11  state, and directly affecting business in this state 
  1.12  (excluding for purposes of clauses (1) to (4) any business 
  1.13  employing, controlling, controlled by or under common control 
  1.14  with such person), shall be deemed to restrain trade or commerce 
  1.15  unreasonably and are unlawful: 
  1.16     (1) Requiring any United States person to be excluded from 
  1.17  a business transaction on the basis of that person's sex, race, 
  1.18  color, religion, ancestry or national origin or on the basis 
  1.19  that the person conducts or has conducted business with persons 
  1.20  of a particular race, sex, color, religion, ancestry or national 
  1.21  origin, or on the basis that the person has done business in a 
  1.22  particular country. 
  1.23     (2) Giving, as part of any business transaction, any 
  1.24  statement, certification or other document to the effect that 
  1.25  the giver of the statement, certification or other document has 
  2.1   complied with a policy imposed by any person, nation, or 
  2.2   international organization requiring exclusion from any business 
  2.3   transaction, or discrimination against, any United States person 
  2.4   on the basis of race, sex, color, religion, ancestry or national 
  2.5   origin or on the basis that the person conducts or has conducted 
  2.6   business with persons of a particular race, sex, color, 
  2.7   religion, ancestry or national origin, or on the basis that the 
  2.8   person has done business in a particular country. 
  2.9      (3) Granting, accepting or processing any letter of credit 
  2.10  or other document which evidences the transfer of funds or 
  2.11  credit, or entering into any contract for the exchange of goods 
  2.12  or services, where the letter of credit, contract, or other 
  2.13  document contains any provision which requires any person to 
  2.14  discriminate against or to certify that the person has not dealt 
  2.15  with any other United States person on the basis of race, sex, 
  2.16  color, religion, ancestry or national origin, or on the basis 
  2.17  that the person conducts or has conducted business with persons 
  2.18  of a particular race, sex, color, religion, ancestry or national 
  2.19  origin, or on the basis that the person has done business in a 
  2.20  particular country. 
  2.21     (4) As part of any business transaction, complying, or 
  2.22  agreeing to comply, or certifying or giving other assurance of 
  2.23  compliance or agreement to comply, with a policy imposed by 
  2.24  another party requiring discrimination against, or refusal to 
  2.25  deal with, any United States person, group of United States 
  2.26  persons, or list of United States persons, on the basis of race, 
  2.27  sex, color, religion, ancestry or national origin or on the 
  2.28  basis that the person, group of persons or list of persons 
  2.29  conducts or has conducted business with persons of a particular 
  2.30  race, sex, color, religion, ancestry or national origin, or on 
  2.31  the basis that the person has done business in a particular 
  2.32  country. 
  2.33     (5) Operating or supervising the operation of a taconite 
  2.34  company or semitaconite company, as defined in section 300.111, 
  2.35  if the person is a direct competitor in the business of mining 
  2.36  or producing ores in this state, unless the person has control 
  3.1   of the company. 
  3.2      The person does not have control of the company for 
  3.3   purposes of clause (5) unless it has beneficial ownership of 51 
  3.4   percent or more of the voting power of the company's outstanding 
  3.5   shares entitled to vote in the election of directors. 
  3.6      Provided, however, that the provisions of subdivisions 2 
  3.7   and 3 shall not apply to (a) any letter of credit, contract, or 
  3.8   other document which contains any provisions pertaining to a 
  3.9   labor dispute or an unfair labor practice if the other 
  3.10  provisions of such letter of credit, contract, or other document 
  3.11  do not violate the provisions of subdivisions 2 and 3; (b) the 
  3.12  requiring of association with a particular employer or a 
  3.13  particular group as a requisite to obtaining group rates or 
  3.14  discount on insurance, recreational activities, or other similar 
  3.15  benefits; (c) any act which is an unfair discriminatory practice 
  3.16  under section 363.01, subdivision 43, and for which a remedy is 
  3.17  provided under chapter 363; (d) persons exempted or acts 
  3.18  excepted from the provisions of chapter 363 pursuant to section 
  3.19  363.02; (e) any agreement, letter of credit, contract or other 
  3.20  document which contains any specification as to the country of 
  3.21  origin of goods or services sold in a business transaction, or 
  3.22  as to the vessels to carry the goods, or the route by which the 
  3.23  goods may be shipped, if the other provisions of such agreement, 
  3.24  letter of credit, contract, or other document do not violate the 
  3.25  provisions of subdivisions 2 and 3; (f) compliance by a person 
  3.26  resident in a foreign country, or agreement by such person to 
  3.27  comply, with the export laws of that country with respect to 
  3.28  activities exclusively therein; provided further, however, that 
  3.29  the mere ownership of an entity located outside the United 
  3.30  States by a person within the jurisdiction of this state shall 
  3.31  not make such entity a person within the jurisdiction of this 
  3.32  state. 
  3.33     The exemption contained in section 325D.55, subdivision 2 
  3.34  shall not apply to actions made unlawful under this 
  3.35  subdivision.  Provided, however, that the provisions of this 
  3.36  subdivision shall not apply to any action made lawful by 
  4.1   legislation of the United States of America or executive order 
  4.2   of the President of the United States of America which 
  4.3   affirmatively preempts the provisions of subdivisions 2 and 3. 
  4.4      Sec. 2.  [EFFECTIVE DATE.] 
  4.5      Section 1 is effective the day following final enactment.