Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 186-H.F.No. 1892 
                  An act relating to human rights; making technical 
                  changes; amending Minnesota Statutes 2000, sections 
                  363.03, subdivision 8; 363.05, subdivision 1; 363.073, 
                  subdivision 1; and 363.074; repealing Minnesota 
                  Statutes 2000, sections 363.01, subdivision 20; and 
                  363.03, subdivision 8b. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 363.03, 
        subdivision 8, is amended to read: 
           Subd. 8.  [CREDIT; DISCRIMINATION.] It is an unfair 
        discriminatory practice:  
           (1) to discriminate in the extension of personal or 
        commercial credit to a person, or in the requirements for 
        obtaining credit, because of race, color, creed, religion, 
        disability, national origin, sex, sexual orientation, or marital 
        status, or due to the receipt of federal, state, or local public 
        assistance including medical assistance; or 
           (2) to discriminate in the extension of personal or 
        commercial credit against any person who is a tenant receiving 
        federal, state, or local housing subsidies, including rental 
        assistance or rent supplements because the person is a recipient 
        of those subsidies or assistance; or 
           (3) for a credit card issuer to refuse to issue a credit 
        card to a woman under her current or former surname unless there 
        is an intent to defraud or mislead, except that a credit card 
        issuer may require that a woman requesting a card under a former 
        surname open a separate account in that name.  A credit card 
        issuer may also require disclosure of any other names under 
        which the credit card applicant may have a credit history. 
           Sec. 2.  Minnesota Statutes 2000, section 363.05, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [FORMULATION OF POLICIES.] The commissioner 
        shall formulate policies to effectuate the purposes of this 
        chapter and shall: 
           (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 economic security 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; and 
           (19) cooperate and consult with the commissioner of labor 
        and industry regarding the investigation of violations of, and 
        resolution of complaints regarding section 363.03, subdivision 9.
           In performing these duties, the commissioner shall give 
        priority to those duties in clauses (8), (9), and (10) and to 
        the duties in section 363.073.  
           Sec. 3.  Minnesota Statutes 2000, section 363.073, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SCOPE OF APPLICATION.] (a) For 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 firm or 
        business has an commissioner is in receipt of the business' 
        affirmative action plan for the employment of minority persons, 
        women, and qualified disabled individuals, submitted to the 
        commissioner of human rights for approval.  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 of human rights.  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 two years.  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 minority persons, women, and the 
        qualified disabled and submit the plan to the commissioner of 
        human rights. 
           (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 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. 
           (c) This section does not apply to contracts entered into 
        by the state board of investment for investment options under 
        section 352.96. 
           Sec. 4.  Minnesota Statutes 2000, section 363.074, is 
        amended to read: 
           363.074 [RULES FOR CERTIFICATES OF COMPLIANCE.] 
           The commissioner shall adopt rules to implement section 
        363.073 specifying the criteria used to review affirmative 
        action plans and the standards used to review implementation of 
        affirmative action plans.  A firm or business certified to be in 
        compliance with affirmative action requirements of a local human 
        rights agency or the federal government shall be deemed to be in 
        compliance with section 363.073 upon submission to receipt by 
        the commissioner of an affirmative action plan approved by a 
        local human rights agency or the federal government and 
        amendments to the plan which are necessary to address the 
        employment of disabled persons protected by section 363.03, 
        subdivision 1.  
           Sec. 5.  [REPEALER.] 
           Minnesota Statutes 2000, sections 363.01, subdivision 20; 
        and 363.03, subdivision 8b, are repealed. 
           Presented to the governor May 23, 2001 
           Signed by the governor May 25, 2001, 12:13 p.m.