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SF 3945

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 08:42am

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 penalty clause to the contracting provisions of
the Human Rights Act; amending Minnesota Statutes 2018, sections 363A.36,
subdivision 3; 363A.44, subdivision 4.

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

Section 1.

Minnesota Statutes 2018, section 363A.36, subdivision 3, is amended to read:


Subd. 3.

deleted text beginRevocation of certificatedeleted text endnew 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 deleted text begincommissioner may refuse to approve subsequent plans submitted by that firm
or business.
deleted text endnew text begin contractor shall be deemed to lack good standing and unable to bid for contracts
until any levied payments are complete. 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) refuse to approve subsequent plans submitted by that firm or business.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020, for all current and future
certificate holders.
new text end

Sec. 2.

Minnesota Statutes 2018, section 363A.44, subdivision 4, is amended to read:


Subd. 4.

deleted text beginRevocation of certificatedeleted text endnew 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.
new text endPrior to new text beginissuing a fine, or new text endsuspending 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 Until payments are made, the contractor shall be viewed as
having a lack of good standing with the state and shall be unable to bid for contracts until
any levied payments are complete.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2020, for all current and future
certificate holders.
new text end