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SF 4283

as introduced - 91st Legislature (2019 - 2020) Posted on 03/12/2020 02:25pm

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

Current Version - as introduced

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A bill for an act
relating to capital investment; requiring recipients of state general obligation bond
proceeds to comply with certain human rights provisions; amending Minnesota
Statutes 2018, sections 363A.36, by adding a subdivision; 363A.44, subdivision
1.

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

Section 1.

Minnesota Statutes 2018, section 363A.36, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Scope of application; state capital funding. new text end

new text begin (a) An agency that uses state
money to pay for part or all of a capital project must meet the requirements and comply
with the restrictions imposed on a department or agency of the state in this section.
new text end

new text begin (b) For the purposes of this subdivision, the following terms have the meanings given
them:
new text end

new text begin (1) "agency" means a state board, commission, authority, department, or other agency
of the executive branch of state government; the Minnesota Historical Society; the Minnesota
State Colleges and Universities; the University of Minnesota; or a political subdivision of
the state;
new text end

new text begin (2) "capital project" means the acquisition and betterment of land and buildings in the
state, including acquisition of real property or an interest in real property, predesign, design,
engineering, site preparation and related environmental work, renovation, construction,
furnishing, and equipping;
new text end

new text begin (3) "political subdivision of the state" means a county, home rule charter or statutory
city, town, school district, metropolitan or regional agency, public corporation established
in law, or other special or limited purpose district created or authorized by law; and
new text end

new text begin (4) "state money" means the proceeds of state general obligation bonds issued under
article XI, section 5, of the Minnesota Constitution.
new text end

new text begin (c) This subdivision applies to a capital project or discrete phase of a capital project for
which state money has been appropriated on or after January 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2018, section 363A.44, subdivision 1, is amended to read:


Subdivision 1.

Scope.

(a) No department, agency of the state, the Metropolitan Council,
or an agency subject to section 473.143, subdivision 1, 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. A certificate is valid for
four years.

new text begin (b) An agency that uses state money to pay for part or all of a capital project must meet
the requirements and comply with the restrictions imposed on an agency in this section.
"Agency," "capital project," and "state money" are defined as provided in section 363A.36,
subdivision 1a. This paragraph applies to a capital project or discrete phase of a capital
project for which state money has been appropriated on or after January 1, 2022.
new text end

deleted text begin (b)deleted text endnew text begin (c)new text end 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.