HF 1335

as introduced - 90th Legislature (2017 - 2018) Posted on 02/22/2017 02:42pm

A bill for an act
relating to government contracts; prohibiting discrimination on the basis of national
origin in certain contracts; requiring certification of compliance in state contracts;
amending Minnesota Statutes 2016, sections 181.59; 363A.17.

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

Section 1.

Minnesota Statutes 2016, section 181.59, is amended to read:

181.59 DISCRIMINATION ON ACCOUNT OF RACE, CREED, deleted text begin OR deleted text end COLOR new text begin ,
OR NATIONAL ORIGIN new text end PROHIBITED IN CONTRACT.

Every contract for or on behalf of the state of Minnesota, or any county, city, town,
township, school, school district, or any other district in the state, for materials, supplies,
or construction shall contain provisions by which the contractor agrees:

(1) that, in the hiring of common or skilled labor for the performance of any work under
any contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason
of race, creed, deleted text begin or deleted text end color, new text begin or national origin, new text end discriminate against the person or persons who
are citizens of the United States or resident aliens who are qualified and available to perform
the work to which the employment relates;

(2) that no contractor, material supplier, or vendor, shall, in any manner, discriminate
against, or intimidate, or prevent the employment of any person or persons identified in
clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or
persons from the performance of work under any contract on account of race, creed, deleted text begin or deleted text end
color new text begin , or national origin new text end ;

(3) that a violation of this section is a misdemeanor; and

(4) that this contract may be canceled or terminated by the state, county, city, town,
school board, or any other person authorized to grant the contracts for employment, and all
money due, or to become due under the contract, may be forfeited for a second or any
subsequent violation of the terms or conditions of this contract.

Sec. 2.

Minnesota Statutes 2016, section 363A.17, is amended to read:

363A.17 BUSINESS DISCRIMINATION.

new text begin Subdivision 1. new text end

new text begin Unfair discriminatory practices. new text end

It is an unfair discriminatory practice
for a person engaged in a trade or business or in the provision of a service:

(1) to refuse to do business with or provide a service to a woman based on her use of
her current or former surname; or

(2) to impose, as a condition of doing business with or providing a service to a woman,
that a woman use her current surname rather than a former surname; or

(3) to intentionally refuse to do business with, to refuse to contract with, or to discriminate
in the basic terms, conditions, or performance of the contract because of a person's race,
national origin, color, sex, sexual orientation, or disability, unless the alleged refusal or
discrimination is because of a legitimate business purpose.

Nothing in this section shall prohibit positive action plans.

new text begin Subd. 2. new text end

new text begin State procurement. new text end

new text begin Any contract for which a solicitation is required under
chapter 16C must include terms that require the vendor to comply with this section and, if
applicable, section 181.59.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective August 1, 2017, and applies to contracts for which a
solicitation is issued on or after that date.
new text end