Bill Text: MN HF2372 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Human Rights Department application for certificate of compliance scope changes made, and requirements for bids and proposals clarified.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-03-20 - Second reading [HF2372 Detail]
Download: Minnesota-2013-HF2372-Engrossed.html
1.2relating to human rights; making changes to scope of application for certificate
1.3of compliance; clarifying requirements for bids and proposals from certain
1.4businesses;amending Minnesota Statutes 2012, section 473.144; Minnesota
1.5Statutes 2013 Supplement, sections 363A.36, subdivision 1; 363A.37,
1.6subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2013 Supplement, section 363A.36, subdivision 1,
1.9is amended to read:
1.10 Subdivision 1. Scope of application.(a) For all contracts for goods and services in
1.11excess of $100,000, no department or agency of the state shall accept any bid or proposal
1.12for a contract or agreement from any business having more than 40 full-time employees
1.13within this state on a single working day during the previous 12 months, unless the
1.14commissioner is in receipt of the business' affirmative action plan for the employment of
1.15minority persons, women, and qualified disabled individuals. No department or agency of
1.16the state shall execute any such contract or agreement until the affirmative action plan
1.17has been approved by the commissioner. Receipt of a certificate of compliance issued by
1.18the commissioner shall signify that a firm or business has an affirmative action plan that
1.19has been approved by the commissioner. A certificate shall be valid for a period of four
1.20years. A municipality as defined in section
466.01, subdivision 1, that receives state
1.21money for any reason is encouraged to prepare and implement an affirmative action plan
1.22for the employment of minority persons, women, and the qualified disabled and submit the
1.23plan to the commissioner.
1.24(b) This paragraph applies to a contract for goods or services in excess of $100,000
1.25to be entered into between a department or agency of the state and a business that is
2.1not subject to paragraph (a), but that has more than 40 full-time employees on a single
2.2working day during the previous 12 months in the state where the business has its primary
2.3place of business. A department or agency of the state may not execute a contract or
2.4agreement with a business covered by this paragraph unless the business has a certificate
2.5of compliance issued by the commissioner under paragraph (a) or the business certifies
2.6that it is in compliance with federal affirmative action requirements.
2.7 (a) No department or agency of the state shall accept any bid, proposal, contract, or
2.8agreement for goods and services in excess of $100,000 from any business having more
2.9than 40 full-time employees in this state or a state where the business has its primary place
2.10of business on a single working day during the previous 12 months unless the business
2.11has a certificate of compliance from the commissioner, has applied for a certificate of
2.12compliance from the commissioner, or has certified in writing that it is exempt under
2.13this provision. No department or agency of the state shall execute any such contract or
2.14agreement with a business unless the business has a certificate of compliance from the
2.15commissioner or the business has certified in writing that it is exempt. A certificate is
2.16valid for a period of four years. A municipality as defined in section 466.01, subdivision
2.171, that receives state money for any reason is encouraged to prepare and implement an
2.18affirmative action plan for the employment of minority persons, women, and the qualified
2.19disabled, and submit the plan to the commissioner.
2.20(c) (b) This section does not apply to contracts entered into by the State Board of
2.21Investment for investment options under section352.965, subdivision 4 .
2.22(d) (c) The commissioner shall issue a certificate of compliance or notice of denial
2.23within 15 days of the application submitted by the business or firm.
2.24 Sec. 2. Minnesota Statutes 2013 Supplement, section 363A.37, subdivision 1, is
2.25amended to read:
2.26 Subdivision 1. Rules. The commissioner shall adopt rules to implement section
2.27363A.36
specifying the criteria used to review affirmative action plans and the standards
2.28used to review implementation of affirmative action plans.A firm or business certified
2.29to be in compliance with affirmative action requirements of a local human rights agency
2.30or the federal government shall be deemed to be in compliance with section
363A.36
upon receipt by the commissioner of an affirmative action plan approved by a local
2.32human rights agency or the federal government and amendments to the plan which are
2.33necessary to address the employment of disabled persons protected by section
363A.08
2.34
3.1another governmental entity if the affirmative action plan addresses the employment of
3.2disabled persons protected by section 363A.08.
3.3 Sec. 3. Minnesota Statutes 2012, section 473.144, is amended to read:
3.4473.144 CERTIFICATES OF COMPLIANCE FOR CONTRACTS.
3.5(a) For all contracts for goods and services in excess of $100,000, neither the
3.6council nor an agency listed in section473.143, subdivision 1 , shall accept any bid or
3.7proposal for a contract or agreement from any business having more than 40 full-time
3.8employees within this stateon a single working day during the previous 12 months, or a
3.9state where the business has its primary place of business on a single working day during
3.10the previous 12 months, unless thefirm or business has an affirmative action plan for the
3.11employment of minority persons, women, and qualified disabled individuals submitted
3.12to the commissioner of human rights for approval. Neither the council nor an agency
3.13listed in section
473.143, subdivision 1, shall execute the contract or agreement until the
3.14affirmative action plan has been approved by the commissioner of human rights. Receipt
3.15of a certificate of compliance from the commissioner of human rights signifies that a
3.16business has an approved affirmative action plan a certificate of compliance from the
3.17commissioner, has applied for a certificate of compliance from the commissioner, or has
3.18certified in writing it is exempt from obtaining a certificate.A certificate is valid for two
3.19years. Neither the council nor any agency listed in section 473.143, subdivision 1, shall
3.20execute any contract or agreement with a business unless the business has a certificate
3.21of compliance from the commissioner or the business has certified in writing that it is
3.22exempt. Section363A.36 governs revocation of certificates. The rules adopted by the
3.23commissioner of human rights under section363A.37 apply to this section.
3.24(b) This paragraph applies to a contract for goods or services in excess of $100,000
3.25to be entered into between the council or an agency listed in section
473.143, subdivision
3.261
, and a business that is not subject to paragraph (a), but that has more than 40 full-time
3.27employees on a single working day during the previous 12 months in the state where the
3.28business has its primary place of business. The council or the agency may not execute a
3.29contract or agreement with a business covered by this paragraph unless the business has a
3.30certificate of compliance issued by the commissioner under paragraph (a) or the business
3.31certifies to the contracting agency that it is in compliance with federal affirmative action
3.32requirements.
1.3of compliance; clarifying requirements for bids and proposals from certain
1.4businesses;amending Minnesota Statutes 2012, section 473.144; Minnesota
1.5Statutes 2013 Supplement, sections 363A.36, subdivision 1; 363A.37,
1.6subdivision 1.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2013 Supplement, section 363A.36, subdivision 1,
1.9is amended to read:
1.10 Subdivision 1. Scope of application.
1.11
1.12
1.13
1.14
1.15
1.16
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2.1
2.2
2.3
2.4
2.5
2.6
2.7 (a) No department or agency of the state shall accept any bid, proposal, contract, or
2.8agreement for goods and services in excess of $100,000 from any business having more
2.9than 40 full-time employees in this state or a state where the business has its primary place
2.10of business on a single working day during the previous 12 months unless the business
2.11has a certificate of compliance from the commissioner, has applied for a certificate of
2.12compliance from the commissioner, or has certified in writing that it is exempt under
2.13this provision. No department or agency of the state shall execute any such contract or
2.14agreement with a business unless the business has a certificate of compliance from the
2.15commissioner or the business has certified in writing that it is exempt. A certificate is
2.16valid for a period of four years. A municipality as defined in section 466.01, subdivision
2.171, that receives state money for any reason is encouraged to prepare and implement an
2.18affirmative action plan for the employment of minority persons, women, and the qualified
2.19disabled, and submit the plan to the commissioner.
2.20
2.21Investment for investment options under section
2.22
2.23within 15 days of the application submitted by the business or firm.
2.24 Sec. 2. Minnesota Statutes 2013 Supplement, section 363A.37, subdivision 1, is
2.25amended to read:
2.26 Subdivision 1. Rules. The commissioner shall adopt rules to implement section
2.28used to review implementation of affirmative action plans.
2.29
2.30
2.32
2.33
2.34
3.1another governmental entity if the affirmative action plan addresses the employment of
3.2disabled persons protected by section 363A.08.
3.3 Sec. 3. Minnesota Statutes 2012, section 473.144, is amended to read:
3.4473.144 CERTIFICATES OF COMPLIANCE FOR CONTRACTS.
3.5(a) For all contracts for goods and services in excess of $100,000, neither the
3.6council nor an agency listed in section
3.7proposal for a contract or agreement from any business having more than 40 full-time
3.8employees within this state
3.9state where the business has its primary place of business on a single working day during
3.10the previous 12 months, unless the
3.11
3.12
3.13
3.14
3.15
3.16
3.17commissioner, has applied for a certificate of compliance from the commissioner, or has
3.18certified in writing it is exempt from obtaining a certificate.
3.19
3.20execute any contract or agreement with a business unless the business has a certificate
3.21of compliance from the commissioner or the business has certified in writing that it is
3.22exempt. Section
3.23commissioner of human rights under section
3.24
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3.32
