SF 1658

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/26/2015 08:27am

A bill for an act
relating to human rights; adding provisions to the certificate of compliance and
equal pay certificate requirements; amending Minnesota Statutes 2014, sections
363A.36, subdivision 1; 363A.44, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 363A.36, subdivision 1, is amended to read:

Subdivision 1.

Scope of application.

deleted text begin (a) For all contracts for goods and services in
excess of $100,000, no department or agency of the state shall accept any bid or proposal
for a contract or agreement from any business having more than 40 full-time employees
within this state on a single working day during the previous 12 months, unless the
commissioner is in receipt of the business' affirmative action plan for the employment of
minority persons, women, and qualified disabled individuals. No department or agency of
the state shall execute any such contract or agreement until the affirmative action plan
has been approved by the commissioner. Receipt of a certificate of compliance issued by
the commissioner shall signify that a firm or business has an affirmative action plan that
has been approved by the commissioner. A certificate shall be valid for a period of four
years. A municipality as defined in section 466.01, subdivision 1, that receives state
money for any reason is encouraged to prepare and implement an affirmative action plan
for the employment of minority persons, women, and the qualified disabled and submit the
plan to the commissioner.
deleted text end

deleted text begin (b) This paragraph applies to a contract for goods or services in excess of $100,000
to be entered into between a department or agency of the state and a business that is
not subject to paragraph (a), but that has more than 40 full-time employees on a single
working day during the previous 12 months in the state where the business has its primary
place of business. A department or agency of the state may not execute a contract or
agreement with a business covered by this paragraph unless the business has a certificate
of compliance issued by the commissioner under paragraph (a) or the business certifies
that it is in compliance with federal affirmative action requirements.
deleted text end

new text begin (a) No department or agency of the state or, when a Minnesota local unit of
government receives grants funded with general appropriation bond proceeds, that unit of
government for projects related to the grant, shall accept any bid, proposal, contract, or
agreement for goods and services in excess of $100,000 from any business having more
than 40 full-time employees in this state or a state where the business has its primary place
of business on a single working day during the previous 12 months unless the business
has a certificate of compliance from the commissioner, has applied for a certificate of
compliance from the commissioner, or has certified in writing that it is exempt under
this provision. No department or agency of the state shall execute any such contract or
agreement with a business unless the business has a certificate of compliance from the
commissioner or the business has certified in writing that it is exempt to the commissioner.
A certificate is valid for a period of four years. A municipality as defined in section
466.01, subdivision 1, that receives state money for any reason is encouraged to prepare
and implement an affirmative action plan for the employment of minority persons, women,
and the qualified disabled, and submit the plan to the commissioner.
new text end

deleted text begin (c) deleted text end new text begin (b) new text end This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 356.645.

deleted text begin (d) deleted text end new text begin (c) new text end The commissioner shall issue a certificate of compliance or notice of denial
within 15 days of the application submitted by the business or firm.

Sec. 2.

Minnesota Statutes 2014, section 363A.44, subdivision 1, is amended to read:

Subdivision 1.

Scope.

(a) No department, agency of the state, the Metropolitan
Council, deleted text begin or deleted text end an agency subject to section 473.143, subdivision 1, new text begin or, when a Minnesota
local unit of government receives grants funded with general appropriation bond proceeds,
that unit of government for projects related to the grant, new text end shall execute a contract for goods
or services or an agreement for goods or services in excess of $500,000 with a business
that has 40 or more full-time employees in this state or a state where the business has
its primary place of business on a single day during the prior 12 months, unless the
business has an equal pay certificate or it has certified in writing that it is exempt new text begin to the
commissioner new text end . A certificate is valid for four years.

(b) This section does not apply to a business with respect to a specific contract if
the commissioner of administration determines that application of this section would
cause undue hardship to the contracting entity. This section does not apply to a contract
to provide goods and services to individuals under chapters 43A, 62A, 62C, 62D, 62E,
256B, 256I, 256L, and 268A, with a business that has a license, certification, registration,
provider agreement, or provider enrollment contract that is prerequisite to providing those
goods and services. This section does not apply to contracts entered into by the State
Board of Investment for investment options under section 352.965, subdivision 4.