Bill Text: MN HF1161 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Education and program development requirements amended, and certificates of compliance provisions amended.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2011-03-16 - Introduction and first reading, referred to Public Safety and Crime Prevention Policy and Finance [HF1161 Detail]
Download: Minnesota-2011-HF1161-Introduced.html
1.2relating to human rights; amending education and program development
1.3requirements; amending certificates of compliance provisions;amending
1.4Minnesota Statutes 2010, sections 363A.06, subdivision 1; 363A.36, subdivision
1.51; repealing Minnesota Statutes 2010, section 363A.36, subdivision 5.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 363A.06, subdivision 1, is amended to
1.8read:
1.9 Subdivision 1. Formulation of policies. (a) The commissioner shall formulate
1.10policies to effectuate the purposes of this chapter and shall do the following:
1.11 (1) exercise leadership under the direction of the governor in the development of
1.12human rights policies and programs, and make recommendations to the governor and the
1.13legislature for their consideration and implementation;
1.14 (2) establish and maintain a principal office in St. Paul, and any other necessary
1.15branch offices at any location within the state;
1.16 (3) meet and function at any place within the state;
1.17 (4) employ attorneys, clerks, and other employees and agents as the commissioner
1.18may deem necessary and prescribe their duties;
1.19 (5) to the extent permitted by federal law and regulation, utilize the records of the
1.20Department of Employment and Economic Development of the state when necessary
1.21to effectuate the purposes of this chapter;
1.22 (6) obtain upon request and utilize the services of all state governmental departments
1.23and agencies;
1.24 (7) adopt suitable rules for effectuating the purposes of this chapter;
2.1 (8) issue complaints, receive and investigate charges alleging unfair discriminatory
2.2practices, and determine whether or not probable cause exists for hearing;
2.3 (9) subpoena witnesses, administer oaths, take testimony, and require the production
2.4for examination of any books or papers relative to any matter under investigation or in
2.5question as the commissioner deems appropriate to carry out the purposes of this chapter;
2.6 (10) attempt, by means ofeducation, conference, conciliation, and persuasion to
2.7eliminate unfair discriminatory practices as being contrary to the public policy of the state;
2.8(11) develop and conduct programs of formal and informal education designed to
2.9eliminate discrimination and intergroup conflict by use of educational techniques and
2.10programs the commissioner deems necessary;
2.11(12) (11) make a written report of the activities of the commissioner to the governor
2.12each year;
2.13(13) (12) accept gifts, bequests, grants, or other payments public and private to help
2.14finance the activities of the department;
2.15(14) (13) create such local and statewide advisory committees as will in the
2.16commissioner's judgment aid in effectuating the purposes of the Department of Human
2.17Rights;
2.18(15) develop such programs as will aid in determining the compliance throughout
2.19the state with the provisions of this chapter, and in the furtherance of such duties, conduct
2.20research and study discriminatory practices based upon race, color, creed, religion,
2.21national origin, sex, age, disability, marital status, status with regard to public assistance,
2.22familial status, sexual orientation, or other factors and develop accurate data on the nature
2.23and extent of discrimination and other matters as they may affect housing, employment,
2.24public accommodations, schools, and other areas of public life;
2.25(16) (14) develop and disseminate technical assistance to persons subject to the
2.26provisions of this chapter, and to agencies and officers of governmental and private
2.27agencies;
2.28(17) (15) provide staff services to such advisory committees as may be created in
2.29aid of the functions of the Department of Human Rights;
2.30(18) (16) make grants in aid to the extent that appropriations are made available for
2.31that purpose in aid of carrying out duties and responsibilities; and
2.32(19) (17) cooperate and consult with the commissioner of labor and industry
2.33regarding the investigation of violations of, and resolution of complaints regarding section
2.34363A.08, subdivision 7
.
2.35 In performing these duties, the commissioner shall give priority to those duties in
2.36clauses (8), (9), and (10)and to the duties in section
363A.36
3.1 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
3.2paragraph (a), clause(13) (12), must be deposited in the state treasury and credited to a
3.3special account. Money in the account is appropriated to the commissioner of human
3.4rights to help finance activities of the department.
3.5EFFECTIVE DATE.This section is effective July 1, 2011.
3.6 Sec. 2. Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read:
3.7 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
3.8excess of$100,000 $250,000, no department or agency of the state shall accept any bid or
3.9proposal for a contract or agreement from any business having more than40 50 full-time
3.10employees within this state on a single working day during the previous 12 months, unless
3.11the commissioner is in receipt of the business' affirmative action plan for the employment
3.12of minority persons, women, and qualified disabled individuals. No department or agency
3.13of the state shall execute any such contract or agreement until the affirmative action plan
3.14has been approved by the commissioner. Receipt of a certificate of compliance issued by
3.15the commissioner shall signify that a firm or business has an affirmative action plan that
3.16has been approved by the commissioner. A certificate shall be valid for a period oftwo
3.17five years. A municipality as defined in section466.01, subdivision 1 , that receives state
3.18money for any reason is encouraged to prepare and implement an affirmative action plan
3.19for the employment of minority persons, women, and the qualified disabled and submit the
3.20plan to the commissioner.
3.21 (b) This paragraph applies to a contract for goods or services in excess of$100,000
3.22$250,000 to be entered into between a department or agency of the state and a business
3.23that is not subject to paragraph (a), but that has more than40 50 full-time employees on
3.24a single working day during the previous 12 months in the state where the business has
3.25its primary place of business. A department or agency of the state may not execute a
3.26contract or agreement with a business covered by this paragraph unless the business has a
3.27certificate of compliance issued by the commissioner under paragraph (a) or the business
3.28certifies that it is in compliance with federal affirmative action requirements.
3.29 (c) This section does not apply to contracts entered into by the State Board of
3.30Investment for investment options under section352.965, subdivision 4 .
3.31EFFECTIVE DATE.This section is effective July 1, 2011.
3.32 Sec. 3. REPEALER.
3.33Minnesota Statutes 2010, section 363A.36, subdivision 5, is repealed.
4.1EFFECTIVE DATE.This section is effective July 1, 2011.
1.3requirements; amending certificates of compliance provisions;amending
1.4Minnesota Statutes 2010, sections 363A.06, subdivision 1; 363A.36, subdivision
1.51; repealing Minnesota Statutes 2010, section 363A.36, subdivision 5.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 363A.06, subdivision 1, is amended to
1.8read:
1.9 Subdivision 1. Formulation of policies. (a) The commissioner shall formulate
1.10policies to effectuate the purposes of this chapter and shall do the following:
1.11 (1) exercise leadership under the direction of the governor in the development of
1.12human rights policies and programs, and make recommendations to the governor and the
1.13legislature for their consideration and implementation;
1.14 (2) establish and maintain a principal office in St. Paul, and any other necessary
1.15branch offices at any location within the state;
1.16 (3) meet and function at any place within the state;
1.17 (4) employ attorneys, clerks, and other employees and agents as the commissioner
1.18may deem necessary and prescribe their duties;
1.19 (5) to the extent permitted by federal law and regulation, utilize the records of the
1.20Department of Employment and Economic Development of the state when necessary
1.21to effectuate the purposes of this chapter;
1.22 (6) obtain upon request and utilize the services of all state governmental departments
1.23and agencies;
1.24 (7) adopt suitable rules for effectuating the purposes of this chapter;
2.1 (8) issue complaints, receive and investigate charges alleging unfair discriminatory
2.2practices, and determine whether or not probable cause exists for hearing;
2.3 (9) subpoena witnesses, administer oaths, take testimony, and require the production
2.4for examination of any books or papers relative to any matter under investigation or in
2.5question as the commissioner deems appropriate to carry out the purposes of this chapter;
2.6 (10) attempt, by means of
2.7eliminate unfair discriminatory practices as being contrary to the public policy of the state;
2.8
2.9
2.10
2.11
2.12each year;
2.13
2.14finance the activities of the department;
2.15
2.16commissioner's judgment aid in effectuating the purposes of the Department of Human
2.17Rights;
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26provisions of this chapter, and to agencies and officers of governmental and private
2.27agencies;
2.28
2.29aid of the functions of the Department of Human Rights;
2.30
2.31that purpose in aid of carrying out duties and responsibilities; and
2.32
2.33regarding the investigation of violations of, and resolution of complaints regarding section
2.35 In performing these duties, the commissioner shall give priority to those duties in
2.36clauses (8), (9), and (10)
3.1 (b) All gifts, bequests, grants, or other payments, public and private, accepted under
3.2paragraph (a), clause
3.3special account. Money in the account is appropriated to the commissioner of human
3.4rights to help finance activities of the department.
3.5EFFECTIVE DATE.This section is effective July 1, 2011.
3.6 Sec. 2. Minnesota Statutes 2010, section 363A.36, subdivision 1, is amended to read:
3.7 Subdivision 1. Scope of application. (a) For all contracts for goods and services in
3.8excess of
3.9proposal for a contract or agreement from any business having more than
3.10employees within this state on a single working day during the previous 12 months, unless
3.11the commissioner is in receipt of the business' affirmative action plan for the employment
3.12of minority persons, women, and qualified disabled individuals. No department or agency
3.13of the state shall execute any such contract or agreement until the affirmative action plan
3.14has been approved by the commissioner. Receipt of a certificate of compliance issued by
3.15the commissioner shall signify that a firm or business has an affirmative action plan that
3.16has been approved by the commissioner. A certificate shall be valid for a period of
3.17five years. A municipality as defined in section
3.18money for any reason is encouraged to prepare and implement an affirmative action plan
3.19for the employment of minority persons, women, and the qualified disabled and submit the
3.20plan to the commissioner.
3.21 (b) This paragraph applies to a contract for goods or services in excess of
3.22$250,000 to be entered into between a department or agency of the state and a business
3.23that is not subject to paragraph (a), but that has more than
3.24a single working day during the previous 12 months in the state where the business has
3.25its primary place of business. A department or agency of the state may not execute a
3.26contract or agreement with a business covered by this paragraph unless the business has a
3.27certificate of compliance issued by the commissioner under paragraph (a) or the business
3.28certifies that it is in compliance with federal affirmative action requirements.
3.29 (c) This section does not apply to contracts entered into by the State Board of
3.30Investment for investment options under section
3.31EFFECTIVE DATE.This section is effective July 1, 2011.
3.32 Sec. 3. REPEALER.
3.33Minnesota Statutes 2010, section 363A.36, subdivision 5, is repealed.
4.1EFFECTIVE DATE.This section is effective July 1, 2011.
