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SF 527

as introduced - 92nd Legislature (2021 - 2022) Posted on 08/06/2021 05:41pm

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

Current Version - as introduced

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A bill for an act
relating to human rights; adding a provision to the certificate of compliance
provision in the Human Rights Act; amending Minnesota Statutes 2020, sections
363A.36, subdivision 3; 363A.44, subdivision 4.

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

Section 1.

Minnesota Statutes 2020, section 363A.36, subdivision 3, is amended to read:


Subd. 3.

deleted text begin Revocation of certificatedeleted text end new text begin Violations; remediesnew text end .

Certificates of compliance
may be suspended or revoked by the commissioner if a holder of a certificate has not made
a good faith effort to implement an affirmative action plan that has been approved by the
commissioner. If a contractor does not effectively implement an affirmative action plan
approved by the commissioner pursuant to subdivision 1, or fails to make a good faith effort
to do so, the commissioner may refuse to approve subsequent plans submitted by that firm
or business.new text begin The commissioner may impose fines or actions as follows:
new text end

new text begin (1) issue fines up to $5,000 per violation; and
new text end

new text begin (2) suspend or revoke a certificate of compliance until the contractor has paid all
outstanding fines and otherwise complies with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, for all current and future
certificate holders.
new text end

Sec. 2.

Minnesota Statutes 2020, section 363A.44, subdivision 4, is amended to read:


Subd. 4.

deleted text begin Revocation of certificatedeleted text end new text begin Violations; remediesnew text end .

An equal pay certificate for
a business may be suspended or revoked by the commissioner when the business fails to
make a good-faith effort to comply with the laws identified in subdivision 2, paragraph (a),
clause (1), fails to make a good-faith effort to comply with this section, or has multiple
violations of this section or the laws identified in subdivision 2, paragraph (a), clause (1).new text begin
The commissioner may also issue a fine due to lack of compliance with this section of up
to $5,000 per violation. The commissioner may suspend or revoke an equal pay certificate
until the business has paid all outstanding fines and otherwise complies with this section.
new text end
Prior to new text begin issuing a fine or new text end suspending or revoking a certificate, the commissioner must first
have sought to conciliate with the business regarding wages and benefits due to employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, for all current and future
certificate holders.
new text end