SF 1924

as introduced - 87th Legislature (2011 - 2012) Posted on 02/17/2012 09:03am

A bill for an act
relating to human rights; requiring employers to post employee protections under
the Minnesota Human Rights Act; increasing the time period of the certificate of
compliance and filing fee; amending Minnesota Statutes 2010, section 363A.36,
subdivisions 1, 2; proposing coding for new law in Minnesota Statutes, chapter
363A.

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

Section 1.

new text begin [363A.071] POSTING REQUIREMENTS.
new text end

new text begin Employers subject to this chapter shall post a notice informing employees of their
protections under this chapter. The notice must be posted in a conspicuous and easily
accessible place in the workplace.
new text end

Sec. 2.

Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read:

Subdivision 1.

Scope of application.

(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 deleted text begin two deleted text end new text begin
four new text end 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.

(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.

(c) This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 352.965, subdivision 4.

Sec. 3.

Minnesota Statutes 2010, section 363A.36, subdivision 2, is amended to read:

Subd. 2.

Filing fee; account; appropriation.

The commissioner shall collect
a deleted text begin $75 deleted text end new text begin $150 new text end fee for each certificate of compliance issued by the commissioner or the
commissioner's designated agent. The proceeds of the fee must be deposited in a
human rights fee special revenue account. Money in the account is appropriated to the
commissioner to fund the cost of issuing certificates and investigating grievances.