HF 3491

as introduced - 89th Legislature (2015 - 2016) Posted on 03/30/2016 12:42pm

A bill for an act
relating to state contracts; encouraging a goal of 20 percent employment of
females on state construction contracts; requiring a ten percent goal; requiring
reports; amending Minnesota Statutes 2014, section 363A.36, subdivision 1.

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

Section 1.

Minnesota Statutes 2014, section 363A.36, 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
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. 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.

(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 356.645.

(d) The commissioner shall issue a certificate of compliance or notice of denial
within 15 days of the application submitted by the business or firm.

new text begin (e) In implementing this section, it is legislative policy to encourage a workforce for
construction work that is at least 20 percent female. The commissioner of human rights
shall report to the legislature by January 15 each year on: (1) whether this 20 percent goal
is feasible that year; and (2) if the goal is not feasible, what barriers exist to participation
of women in the construction workforce, and what steps can be taken to lessen these
barriers. Effective for certificates of compliance issued on or after July 1, 2016, an
affirmative action goal for female participation in construction work must be at least ten
percent, unless the commissioner determines that goal cannot be achieved.
new text end