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HF 1364

as introduced - 89th Legislature (2015 - 2016) Posted on 03/04/2015 01:44pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to human rights; providing compliance oversight for human rights claims;
appropriating money; amending Minnesota Statutes 2014, section 363A.06,
subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 6.


Section 1.

new text end

new text begin (a) In order to increase enforcement and oversight functions of the Department of
Human Rights, the state auditor shall establish a department within the Office of the
State Auditor to:
new text end

new text begin (1) ensure that all duties specified in section 363A.06 are dealt with as a priority;
new text end

new text begin (2) implement audit and review procedures for state agencies and contractors to
follow to comply with applicable provisions in chapters 16C and 43A and section 363A.06;
new text end

new text begin (3) conduct affirmative action and human rights impact analysis on all executive
orders to be issued and propose legislation needed;
new text end

new text begin (4) review and approve all state contract procurement services under chapter 16C for
compliance with chapter 363A;
new text end

new text begin (5) establish benchmarks for meeting equal opportunity requirements in contracting;
new text end

new text begin (6) establish good faith benchmarks for equal opportunity compliance in
new text end

new text begin (b) The state auditor shall report to the legislative committees with jurisdiction over
human rights on the findings of the audit by January 15, 2016, and annually thereafter.
The report shall be issued to the governor and the public at large through the state auditor's
Web site.
new text end

Sec. 2.

Minnesota Statutes 2014, 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 education, conference, conciliation, and persuasion to
eliminate unfair discriminatory practices as being contrary to the public policy of the state;

(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;

(12) make a written report of the activities of the commissioner to the governor
each year;

(13) accept gifts, bequests, grants, or other payments public and private to help
finance the activities of the department;

(14) 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;

(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;

(16) develop and disseminate technical assistance to persons subject to the provisions
of this chapter, and to agencies and officers of governmental and private agencies;

(17) provide staff services to such advisory committees as may be created in aid of
the functions of the Department of Human Rights;

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

(19) 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

deleted text begin In performing these duties, the commissioner shall give priority to those duties in
clauses (8), (9), and (10) 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 (13), 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 end

new text begin The commissioner of human rights shall establish a regional office in Rochester, St.
Cloud, and Duluth.
new text end

new text end

new text begin $......... in fiscal year 2016 and $.......... in fiscal year 2017 are appropriated from the
general fund to the state auditor to carry out the provisions in section. This appropriation
shall be added to the Office of the State Auditor's base funding.
new text end