SF 3794

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to human rights; establishing requirements for investigations and
fulfillment of statutory functions; appropriating money; amending Minnesota
Statutes 2007 Supplement, section 363A.06, subdivision 1.

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

Section 1.

Minnesota Statutes 2007 Supplement, 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; deleted text begin and
deleted text end

(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 new text begin ;
new text end

new text begin (20) conduct training sessions for businesses seeking incorporation in the state on
Minnesota's human and civil rights laws;
new text end

new text begin (21) conduct proactive audits of institutions' and corporations' compliance with
federal and state human and civil rights laws;
new text end

new text begin (22) conduct human and civil rights impact analysis on judiciary decisions, proposed
legislation, rules, and executive orders;
new text end

new text begin (23) conduct audits of institutions and corporations that have been the subject of
three or more human or civil rights complaints within a one-year period;
new text end

new text begin (24) contract with the federal government to investigate and prosecute hate crimes
and investigate discrimination complaints filed by businesses, groups, geographic
communities, and persons;
new text end

new text begin (25) review and clear all procurement contacts for compliance with human and
civil rights laws;
new text end

new text begin (26) forward violators of human and civil rights laws to the appropriate prosecuting
authority for consideration of criminal charges;
new text end

new text begin (27) publish annual human and civil rights reports; and
new text end

new text begin (28) publish human and civil rights impact analyses in all areas of Minnesota's
public life new text end .

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.

Sec. 2. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year 2009 from the general fund to the commissioner
of human rights for the purposes of implementing the requirements established in section 1.
new text end