Bill Text: MN HF1649 | 2013-2014 | 88th Legislature | Introduced
Bill Title: The state, Minnesota State Colleges and Universities, the University of Minnesota, and cities authorized to adopt a program requiring hiring practices that include the employment of a minimum percentage of low-income persons or former offenders in construction and service contracts.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-20 - Introduction and first reading, referred to Labor, Workplace and Regulated Industries [HF1649 Detail]
Download: Minnesota-2013-HF1649-Introduced.html
1.2relating to public contracts; authorizing the state, Minnesota State Colleges and
1.3Universities, the University of Minnesota, and cities to adopt a program requiring
1.4certain hiring practices in construction and services contracts; amending
1.5Minnesota Statutes 2012, section 136F.581, by adding a subdivision; proposing
1.6coding for new law in Minnesota Statutes, chapters 16C; 137; 471.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [16C.092] HIRING REQUIREMENTS IN CERTAIN PROCUREMENT
1.9CONTRACTS.
1.10The commissioner may adopt rules under section 16C.03, that require persons
1.11or entities that contract with the state for construction or services contracts to employ
1.12a minimum number or percentage of low-income persons or former offenders in the
1.13performance of the contract and for the duration of the contract unless the employee is
1.14terminated for cause. At a minimum, the rules must state the type of contracts covered,
1.15the minimum dollar amount of the contract to which the hiring requirement applies, a
1.16definition of "low-income" if the policy applies to hiring of low-income persons, how the
1.17required number or percentage of persons employed may be calculated, and the extent
1.18to which the rules may be met by existing employees of the contractor or new hires by
1.19the contractor. The rules may provide for penalties to be imposed on the contractor for
1.20failure to comply with the hiring requirements of the policy including, but not limited to,
1.21civil penalties and restrictions on future contractual agreements with the contractor. This
1.22section does not apply to contracts between the state and an exclusive representative of
1.23state employees. For the purposes of this section, "former offender" means an individual
1.24who is not currently incarcerated but who has previously been convicted of a felony,
1.25regardless of whether the individual is currently under correctional supervision.
2.1 Sec. 2. Minnesota Statutes 2012, section 136F.581, is amended by adding a subdivision
2.2to read:
2.3 Subd. 6. Hiring requirements in certain procurement contracts. The board may
2.4develop policies and procedures consistent with this section that require persons or entities
2.5that contract with the board or the colleges and universities for construction or services
2.6contracts to employ a minimum number or percentage of low-income persons or former
2.7offenders in the performance of the contract and for the duration of the contract unless the
2.8employee is terminated for cause. At a minimum, the policies and procedures must state
2.9the type of contracts covered, the minimum dollar amount of the contract to which the
2.10hiring requirement applies, a definition of "low-income" if the policies and procedures
2.11apply to hiring of low-income persons, how the required number or percentage of persons
2.12employed may be calculated, and the extent to which the requirements may be met by
2.13existing employees of the contractor or new hires by the contractor. The policies and
2.14procedures may provide for penalties to be imposed on the contractor for failure to comply
2.15with the hiring requirements of the policies and procedures including, but not limited to,
2.16civil penalties and restrictions on future contractual agreements between the university and
2.17the contractor. This section does not apply to contracts between the board and the colleges
2.18and universities and an exclusive representative of their employees. For the purposes of
2.19this section, "former offender" means an individual who is not currently incarcerated but
2.20who has previously been convicted of a felony, regardless of whether the individual is
2.21currently under correctional supervision.
2.22 Sec. 3. [137.375] HIRING REQUIREMENTS IN CERTAIN PROCUREMENT
2.23CONTRACTS.
2.24The Regents of the University of Minnesota may adopt a policy that persons
2.25or entities that contract with the university for construction or services contracts be
2.26required to employ a minimum number or percentage of low-income persons or former
2.27offenders in the performance of the contract and for the duration of the contract unless
2.28the employee is terminated for cause. The regents shall establish procurement rules to
2.29govern the program authorized by this section. At a minimum, the rules must state the
2.30type of contracts covered, the minimum dollar amount of the contract to which the hiring
2.31requirement applies, a definition of "low-income" if the ordinance applies to hiring of
2.32low-income persons, how the required number or percentage of persons employed may be
2.33calculated, and the extent to which the requirements may be met by existing employees
2.34of the contractor or new hires by the contractor. The rules may provide for penalties to
2.35be imposed on the contractor for failure to comply with the hiring requirements of the
3.1rules including, but not limited to, civil penalties and restrictions on future contractual
3.2agreements between the university and the contractor. This section does not apply to
3.3contracts between the university and an exclusive representative of university employees.
3.4For the purposes of this section, "former offender" means an individual who is not
3.5currently incarcerated but who has previously been convicted of a felony, regardless of
3.6whether the individual is currently under correctional supervision.
3.7 Sec. 4. [471.347] HIRING REQUIREMENTS AUTHORIZED IN CITY
3.8CONTRACTS.
3.9A statutory or home rule charter city may provide by ordinance that persons or
3.10entities that contract with the city for construction or services contracts be required to
3.11employ a minimum number or percentage of city residents, low-income city residents, or
3.12former offenders in the performance of the contract and for the duration of the contract
3.13unless the employee is terminated for cause. At a minimum, the ordinance must state
3.14the type of contracts covered, the minimum dollar amount of the contract to which the
3.15hiring requirement applies, a definition of "low-income" if the ordinance applies to
3.16hiring of low-income city residents, how the required number or percentage of persons
3.17employed may be calculated, and the extent to which the requirements may be met by
3.18existing employees of the contractor or new hires by the contractor. The ordinance may
3.19provide for penalties to be imposed on the contractor for failure to comply with the
3.20hiring requirements of the city ordinance including, but not limited to, civil penalties and
3.21restrictions on future contractual agreements between the city and the contractor. This
3.22section does not apply to contracts between the city and an exclusive representative of city
3.23employees. For the purposes of this section, "former offender" means an individual who is
3.24not currently incarcerated but who has previously been convicted of a felony, regardless of
3.25whether the individual is currently under correctional supervision.
1.3Universities, the University of Minnesota, and cities to adopt a program requiring
1.4certain hiring practices in construction and services contracts; amending
1.5Minnesota Statutes 2012, section 136F.581, by adding a subdivision; proposing
1.6coding for new law in Minnesota Statutes, chapters 16C; 137; 471.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. [16C.092] HIRING REQUIREMENTS IN CERTAIN PROCUREMENT
1.9CONTRACTS.
1.10The commissioner may adopt rules under section 16C.03, that require persons
1.11or entities that contract with the state for construction or services contracts to employ
1.12a minimum number or percentage of low-income persons or former offenders in the
1.13performance of the contract and for the duration of the contract unless the employee is
1.14terminated for cause. At a minimum, the rules must state the type of contracts covered,
1.15the minimum dollar amount of the contract to which the hiring requirement applies, a
1.16definition of "low-income" if the policy applies to hiring of low-income persons, how the
1.17required number or percentage of persons employed may be calculated, and the extent
1.18to which the rules may be met by existing employees of the contractor or new hires by
1.19the contractor. The rules may provide for penalties to be imposed on the contractor for
1.20failure to comply with the hiring requirements of the policy including, but not limited to,
1.21civil penalties and restrictions on future contractual agreements with the contractor. This
1.22section does not apply to contracts between the state and an exclusive representative of
1.23state employees. For the purposes of this section, "former offender" means an individual
1.24who is not currently incarcerated but who has previously been convicted of a felony,
1.25regardless of whether the individual is currently under correctional supervision.
2.1 Sec. 2. Minnesota Statutes 2012, section 136F.581, is amended by adding a subdivision
2.2to read:
2.3 Subd. 6. Hiring requirements in certain procurement contracts. The board may
2.4develop policies and procedures consistent with this section that require persons or entities
2.5that contract with the board or the colleges and universities for construction or services
2.6contracts to employ a minimum number or percentage of low-income persons or former
2.7offenders in the performance of the contract and for the duration of the contract unless the
2.8employee is terminated for cause. At a minimum, the policies and procedures must state
2.9the type of contracts covered, the minimum dollar amount of the contract to which the
2.10hiring requirement applies, a definition of "low-income" if the policies and procedures
2.11apply to hiring of low-income persons, how the required number or percentage of persons
2.12employed may be calculated, and the extent to which the requirements may be met by
2.13existing employees of the contractor or new hires by the contractor. The policies and
2.14procedures may provide for penalties to be imposed on the contractor for failure to comply
2.15with the hiring requirements of the policies and procedures including, but not limited to,
2.16civil penalties and restrictions on future contractual agreements between the university and
2.17the contractor. This section does not apply to contracts between the board and the colleges
2.18and universities and an exclusive representative of their employees. For the purposes of
2.19this section, "former offender" means an individual who is not currently incarcerated but
2.20who has previously been convicted of a felony, regardless of whether the individual is
2.21currently under correctional supervision.
2.22 Sec. 3. [137.375] HIRING REQUIREMENTS IN CERTAIN PROCUREMENT
2.23CONTRACTS.
2.24The Regents of the University of Minnesota may adopt a policy that persons
2.25or entities that contract with the university for construction or services contracts be
2.26required to employ a minimum number or percentage of low-income persons or former
2.27offenders in the performance of the contract and for the duration of the contract unless
2.28the employee is terminated for cause. The regents shall establish procurement rules to
2.29govern the program authorized by this section. At a minimum, the rules must state the
2.30type of contracts covered, the minimum dollar amount of the contract to which the hiring
2.31requirement applies, a definition of "low-income" if the ordinance applies to hiring of
2.32low-income persons, how the required number or percentage of persons employed may be
2.33calculated, and the extent to which the requirements may be met by existing employees
2.34of the contractor or new hires by the contractor. The rules may provide for penalties to
2.35be imposed on the contractor for failure to comply with the hiring requirements of the
3.1rules including, but not limited to, civil penalties and restrictions on future contractual
3.2agreements between the university and the contractor. This section does not apply to
3.3contracts between the university and an exclusive representative of university employees.
3.4For the purposes of this section, "former offender" means an individual who is not
3.5currently incarcerated but who has previously been convicted of a felony, regardless of
3.6whether the individual is currently under correctional supervision.
3.7 Sec. 4. [471.347] HIRING REQUIREMENTS AUTHORIZED IN CITY
3.8CONTRACTS.
3.9A statutory or home rule charter city may provide by ordinance that persons or
3.10entities that contract with the city for construction or services contracts be required to
3.11employ a minimum number or percentage of city residents, low-income city residents, or
3.12former offenders in the performance of the contract and for the duration of the contract
3.13unless the employee is terminated for cause. At a minimum, the ordinance must state
3.14the type of contracts covered, the minimum dollar amount of the contract to which the
3.15hiring requirement applies, a definition of "low-income" if the ordinance applies to
3.16hiring of low-income city residents, how the required number or percentage of persons
3.17employed may be calculated, and the extent to which the requirements may be met by
3.18existing employees of the contractor or new hires by the contractor. The ordinance may
3.19provide for penalties to be imposed on the contractor for failure to comply with the
3.20hiring requirements of the city ordinance including, but not limited to, civil penalties and
3.21restrictions on future contractual agreements between the city and the contractor. This
3.22section does not apply to contracts between the city and an exclusive representative of city
3.23employees. For the purposes of this section, "former offender" means an individual who is
3.24not currently incarcerated but who has previously been convicted of a felony, regardless of
3.25whether the individual is currently under correctional supervision.
