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Minnesota Legislature

Office of the Revisor of Statutes

SF 2435

as introduced - 91st Legislature (2019 - 2020) Posted on 03/14/2019 09:17am

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; ensuring workforce certificates of compliance apply
equally to in-state and out-of-state contractors; amending Minnesota Statutes 2018,
section 363A.36, subdivisions 1, 4.

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

Section 1.

Minnesota Statutes 2018, section 363A.36, subdivision 1, is amended to read:


Subdivision 1.

Scope of application.

(a) deleted text beginFor 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.
deleted text endnew text begin
No department, agency of the state, the Metropolitan Council, or agency subject to section
473.143, subdivision 1, shall execute a contract for goods or services in excess of $100,000
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 a workforce certificate from the commissioner or has certified in writing
to the commissioner that it is exempt. A certificate is valid for four years.
new text end 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
deleted text begin minority persons,deleted text endnew text begin people with disabilities, people of color, andnew text end women, deleted text beginand the qualified
disabled
deleted text end andnew text begin tonew text end submit the plan to the commissioner.

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
deleted text end deleted text begin 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

deleted text begin (c)deleted text endnew 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 endnew 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 2018, section 363A.36, subdivision 4, is amended to read:


Subd. 4.

Revocation of contract.

A contract awarded by a department or agency of the
statenew text begin, the Metropolitan Council, or an agency subject to section 473.143, subdivision 1,new text end may
be terminated or abridged by the department or agencynew text begin, the Metropolitan Council, an agency
subject to section 473.143, subdivision 1, or any other public officer or agency subject to
section 16A.695,
new text end because of suspension or revocation of a certificate based upon a
contractor's failure to implement or make a good faith effort to implement an affirmative
action plan approved by the commissioner under this section. If a contract is awarded to a
person who does not have a contract compliance certificate required under subdivision 1,
the commissioner may void the contract on behalf of the state.