Bill Text: MN HF2372 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.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 unless the business has a certificate of compliance from the commissioner,
2.11has applied for a certificate of compliance from the commissioner, or has certified that
2.12it is exempt under this provision. A certificate is valid for a period of four years. A
2.13municipality as defined in section 466.01, subdivision 1, that receives state money for
2.14any reason is encouraged to prepare and implement an affirmative action plan for the
2.15employment of minority persons, women, and the qualified disabled, and submit the
2.16plan to the commissioner.
2.17(c) (b) This section does not apply to contracts entered into by the State Board of
2.18Investment for investment options under section352.965, subdivision 4 .
2.19(d) (c) The commissioner shall issue a certificate of compliance or notice of denial
2.20within 15 days of the application submitted by the business or firm.
2.21 Sec. 2. Minnesota Statutes 2013 Supplement, section 363A.37, subdivision 1, is
2.22amended to read:
2.23 Subdivision 1. Rules. The commissioner shall adopt rules to implement section
2.24363A.36
specifying the criteria used to review affirmative action plans and the standards
2.25used to review implementation of affirmative action plans.A firm or business certified
2.26to be in compliance with affirmative action requirements of a local human rights agency
2.27or 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
2.29human rights agency or the federal government and amendments to the plan which are
2.30necessary to address the employment of disabled persons protected by section
363A.08
2.31
2.32another governmental entity if the affirmative action plan addresses the employment of
2.33disabled persons protected by section 363A.08.
3.1 Sec. 3. Minnesota Statutes 2012, section 473.144, is amended to read:
3.2473.144 CERTIFICATES OF COMPLIANCE FOR CONTRACTS.
3.3(a) For all contracts for goods and services in excess of $100,000, Neither the council
3.4nor an agency listed in section473.143, subdivision 1 , shall accept any bid or proposal for
3.5a contract or agreement from any business having more than 40 full-time employees within
3.6this stateon a single working day during the previous 12 months, or a state where the
3.7business has its primary place of business, unless thefirm or business has an affirmative
3.8action plan for the employment of minority persons, women, and qualified disabled
3.9individuals submitted to the commissioner of human rights for approval. Neither the
3.10council nor an agency listed in section
473.143, subdivision 1, shall execute the contract
3.11or agreement until the affirmative action plan has been approved by the commissioner of
3.12human rights. Receipt of a certificate of compliance from the commissioner of human
3.13rights signifies that a business has an approved affirmative action plan a certificate of
3.14compliance from the commissioner, has applied for a certificate of compliance from the
3.15commissioner, or has certified it is exempt from obtaining a certificate. A certificate is
3.16valid fortwo four years. Section
363A.36 governs revocation of certificates. The rules
3.17adopted by the commissioner of human rights under section363A.37 apply to this section.
3.18(b) This paragraph applies to a contract for goods or services in excess of $100,000
3.19to be entered into between the council or an agency listed in section
473.143, subdivision
3.201
, and a business that is not subject to paragraph (a), but that has more than 40 full-time
3.21employees on a single working day during the previous 12 months in the state where the
3.22business has its primary place of business. The council or the agency may not execute a
3.23contract or agreement with a business covered by this paragraph unless the business has a
3.24certificate of compliance issued by the commissioner under paragraph (a) or the business
3.25certifies to the contracting agency that it is in compliance with federal affirmative action
3.26requirements.
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.
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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 unless the business has a certificate of compliance from the commissioner,
2.11has applied for a certificate of compliance from the commissioner, or has certified that
2.12it is exempt under this provision. A certificate is valid for a period of four years. A
2.13municipality as defined in section 466.01, subdivision 1, that receives state money for
2.14any reason is encouraged to prepare and implement an affirmative action plan for the
2.15employment of minority persons, women, and the qualified disabled, and submit the
2.16plan to the commissioner.
2.17
2.18Investment for investment options under section
2.19
2.20within 15 days of the application submitted by the business or firm.
2.21 Sec. 2. Minnesota Statutes 2013 Supplement, section 363A.37, subdivision 1, is
2.22amended to read:
2.23 Subdivision 1. Rules. The commissioner shall adopt rules to implement section
2.25used to review implementation of affirmative action plans.
2.26
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2.32another governmental entity if the affirmative action plan addresses the employment of
2.33disabled persons protected by section 363A.08.
3.1 Sec. 3. Minnesota Statutes 2012, section 473.144, is amended to read:
3.2473.144 CERTIFICATES OF COMPLIANCE FOR CONTRACTS.
3.3
3.4nor an agency listed in section
3.5a contract or agreement from any business having more than 40 full-time employees within
3.6this state
3.7business has its primary place of business, unless the
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3.14compliance from the commissioner, has applied for a certificate of compliance from the
3.15commissioner, or has certified it is exempt from obtaining a certificate. A certificate is
3.16valid for
3.17adopted by the commissioner of human rights under section
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