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SF 1307

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/23/2013 04:27pm

KEY: stricken = removed, old language. underscored = added, new language.

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1.1A bill for an act
1.2relating to human rights; changing provisions for certain certificates of
1.3compliance; amending Minnesota Statutes 2012, sections 363A.36, subdivision
1.41; 363A.37; repealing Minnesota Rules, part 5000.3560, subparts 2, 3.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 363A.36, subdivision 1, is amended to read:
1.7    Subdivision 1. Scope of application. (a) For all contracts for goods and services in
1.8excess of $100,000, no department or agency of the state shall accept any bid or proposal
1.9for a contract or agreement from any business having more than 40 full-time employees
1.10within this state on a single working day during the previous 12 months, unless the
1.11commissioner is in receipt of the business' affirmative action plan for the employment of
1.12minority persons, women, and qualified disabled individuals. No department or agency of
1.13the state shall execute any such contract or agreement until the affirmative action plan
1.14has been approved by the commissioner. Receipt of a certificate of compliance issued by
1.15the commissioner shall signify that a firm or business has an affirmative action plan that
1.16has been approved by the commissioner. A certificate shall be valid for a period of two
1.17 four years. A municipality as defined in section 466.01, subdivision 1, that receives state
1.18money for any reason is encouraged to prepare and implement an affirmative action plan
1.19for the employment of minority persons, women, and the qualified disabled and submit the
1.20plan to the commissioner.
1.21    (b) This paragraph applies to a contract for goods or services in excess of $100,000
1.22to be entered into between a department or agency of the state and a business that is
1.23not subject to paragraph (a), but that has more than 40 full-time employees on a single
1.24working day during the previous 12 months in the state where the business has its primary
2.1place of business. A department or agency of the state may not execute a contract or
2.2agreement with a business covered by this paragraph unless the business has a certificate
2.3of compliance issued by the commissioner under paragraph (a) or the business certifies
2.4that it is in compliance with federal affirmative action requirements.
2.5    (c) This section does not apply to contracts entered into by the State Board of
2.6Investment for investment options under section 352.965, subdivision 4.
2.7(d) The commissioner shall issue a certificate of compliance or notice of denial
2.8within 15 days of the application submitted by the business or firm.

2.9    Sec. 2. Minnesota Statutes 2012, section 363A.37, is amended to read:
2.10363A.37 RULES FOR CERTIFICATES OF COMPLIANCE.
2.11    Subdivision 1. Rules. The commissioner shall adopt rules to implement section
2.12363A.36 specifying the criteria used to review affirmative action plans and the standards
2.13used to review implementation of affirmative action plans. A firm or business certified to
2.14be in compliance with affirmative action requirements of a local human rights agency or
2.15the federal government shall be deemed to be in compliance with section 363A.36 upon
2.16receipt by the commissioner of an affirmative action plan approved by a local human
2.17rights agency or the federal government and amendments to the plan which are necessary
2.18to address the employment of disabled persons protected by section 363A.08.
2.19    Subd. 2. Issuing certificates of compliance. The commissioner shall issue a
2.20certificate of compliance or a letter stating notice of deficiencies within 15 days after the
2.21department has received the information required in Minnesota Rules, part 5000.3560,
2.22subpart 1. The notification must state specifically the ways in which the submission fails
2.23to meet the requirements of Minnesota Rules, part 5000.3560, subpart 1. Certificates of
2.24compliance shall be issued 15 days after the department has received a revised submission
2.25that complies with Minnesota Rules, part 5000.3560, subpart 1.

2.26    Sec. 3. REPEALER.
2.27Minnesota Rules, part 5000.3560, subparts 2 and 3, are repealed.

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