# Portal - Affirmative Action Regime
_An entry point to the Minnesota statutes, rules, executive orders, reports and federal case that the project's corpus groups as the Affirmative Action Regime — what each instrument requires, who enacted and amended it, where the record departs from the corpus, and which article treats it in full_
| Portal - Affirmative Action Regime | |
|---|---|
| Statute, as the corpus pairs it | Minn. Stat. § 43A.191, agency affirmative action programs (1985 First Special Session), with the [[State Government Pay Equity Act]] (1982) |
| Toll, as the corpus states it | protected-group hiring goals and the justification required for hiring someone outside the protected groups |
| Immunity, as the corpus states it | that no office inside the State has corrected the instruments, so correction arrives from outside |
| Federal caption, as the corpus pairs it | *United States v. State of Minnesota*, No. 0:26-cv-00273 (D. Minn., filed Jan. 14, 2026), [[Title VII]] |
| What the record shows | the program created by statute in 1978 and recodified in 1981; § 43A.191 enacted in 1985; thirteen amending chapters since, seven in Independent-Republican or Republican governors' terms; a 25 percent test enacted in 1987 under Perpich (DFL), restated as a missed-opportunity standard in 1995 under Carlson (IR), struck in 2019 under Walz (DFL); the original complaint answered, an amended complaint filed, the case in discovery |
| Regime spine (reserved) | [[Minnesota Affirmative Action Regime]] |
| Parent article | [[How Minnesota Got Here]] |
| Status | portal; restates the record and routes to the articles; adjudicates nothing |
The pairing of statute, toll, immunity and federal caption is the corpus's own frame, taken from its regime node and its survey essay; the record entries in the last rows are sourced in the sections below.[^1][^2][^3][^4][^5][^6]
**Portal - Affirmative Action Regime** is the project's entry point to the instruments through which the [[Minnesota|State of Minnesota]] sets affirmative-action goals for its own workforce, attaches affirmative-action conditions to its contracts and appointments, and reports on both.[^7][^8][^9] The center of the set is Minn. Stat. § 43A.191, which requires every executive-branch agency to prepare an affirmative action plan for the commissioner's approval and provides that an agency that does not meet its hiring goals "must justify its nonaffirmative action hires".[^7] Its companion, § 43A.19, sets the statewide program's purpose: "to eliminate the effects of past and present discrimination, intended or unintended, on the basis of protected group status".[^10] The definition behind both, § 43A.02, subdivision 33, names as protected groups "females, persons with disabilities, and members of the following minorities".[^11]
Governors of both major parties built the set: [[Wendell R. Anderson]] by Executive Order 76 in 1974, [[Rudy Perpich]] by the 1978 statute and § 43A.191 in 1985, [[Al Quie]] by the 1981 personnel code, and [[Arne Carlson]], [[Tim Pawlenty]] and [[Tim Walz]] among others by amendment.[^12][^3][^13][^14][^2][^15] On January 14, 2026 the United States sued the State under Title VII, alleging a pattern or practice of discrimination by race and sex; the State answered that original complaint on June 16, the United States filed an amended complaint on September 11, and the case is in discovery. This portal summarizes the original complaint; the amended one has not been read for it.[^16][^17][^6]
This portal decides nothing: it sets out what each instrument says, who enacted it, what the corpus claims and what the record shows, and points to the article that treats each in full. Individuals appear only in official capacity.[^18][^19]
## How to read this portal
The portal has five parts. Each section summarizes one instrument or body with its dates and signers, then gives a **Main article** and the articles it **Connects to**, in both directions.[^1][^18] The spine table lists the eighteen articles in section order. "Spine" marks an article written and checked in this series; "vault page" marks a page the wiki already holds, some of them short; "reserved" marks a title the project has reserved for a spine; "new" marks an article the wiki does not have yet.[^20][^19]
Claims the corpus makes are not repeated as fact; where the record supports, contradicts or is silent on them, the sections and the table near the end say so.[^18][^21]
## Spine table
| # | Part | Article | What it covers | Kind |
|---|---|---|---|---|
| 1 | I. The personnel statute | [[Minn. Stat. § 43A.191]] | agency plans, audits and the justification of hires | reserved spine; vault page |
| 2 | I | [[Minn. Stat. § 43A.19]] | the statewide program and its goals | vault page |
| 3 | I | [[43A.02 DEFINITIONS]] | the protected-group definition | vault page |
| 4 | I | [[Requirements for agency affirmative action plans]] | Minn. R. ch. 3905 | vault page |
| 5 | I | [[Affirmative Action Monitoring the Hiring Process (MHP) Form]] | the hiring-monitoring form | vault page |
| 6 | II. The courts and the federal overlay | [[United States v. State of Minnesota (affirmative-action hiring)]] | the Title VII suit, No. 0:26-cv-00273 | reserved spine; vault page |
| 7 | II | [[Title VII]] | *Weber*, *Johnson* and *Croson* | vault page |
| 8 | II | [[Executive Order 11246]] | the federal contract clause, 1965–2025 | vault page |
| 9 | II | [[Federal nondiscrimination certifications of the State of Minnesota]] | the State's federal compliance papers | spine |
| 10 | III. Contracting and certificates | [[363A.36 CERTIFICATES OF COMPLIANCE FOR PUBLIC CONTRACTS]] | § 363A.36 workforce certificates | vault page |
| 11 | III | [[Targeted group business program (Minnesota)]] | § 16C.16 procurement preferences | spine |
| 12 | III | [[Minnesota — Instruments giving a preference by group]] | the cross-instrument list | vault page |
| 13 | IV. Appointments and executive orders | [[Open Appointments Act]] | § 15.0597 and the 1978 act | new |
| 14 | IV | [[Executive Order 83-8]] | the governors' appointments committees, 1979–1989 | new |
| 15 | IV | [[Executive Order 76- Providing for the Establishment of an Affirmative Action Program in all State Agencies]] | the 1974 order and the councils of 1985 and 1991 | vault page |
| 16 | V. Pay equity, reporting and audit | [[State Government Pay Equity Act]] | § 43A.01, subd. 3 | spine |
| 17 | V | [[State of Minnesota Executive Branch Affirmative Action Biennial Report (FY2023-2024)]] | the report § 43A.191 requires | vault page |
| 18 | V | [[Administrative Procedure 19.2 - Affirmative Action Audit Process]] | the compliance audits | vault page |
The kinds in the last column are taken from the vault's title list and the spine registry as of October 29, 2026.[^20][^19]
## Part I. The personnel statute and its definitions
The program for the State's own employees has four layers: a protected-group definition, a statewide program run by the commissioner of [[Minnesota Management and Budget]], a plan in every executive-branch agency (all in chapter 43A), and rules setting goals and timetables (chapter 3905); a form connects them to single hires.[^11][^10][^7][^22][^23]
### Minn. Stat. § 43A.191, agency affirmative action programs
Section 43A.191 entered the statutes as section 172 of chapter 13 of the 1985 First Special Session (H.F. 16), an omnibus act approved June 27, 1985, in Governor Rudy Perpich's second administration.[^14][^15] As enacted it required officers, approved agency plans, annual audits of hiring goals, annual reports and a proposal for improving compliance; the 1987 rewrite of subdivision 3 kept the sentence "This proposal must include penalties for noncompliance."[^14][^4]
Subdivision 1 now provides that "Each agency with 1,000 employees or more shall have at least one full-time affirmative action officer", reporting to the agency head; subdivision 2 requires each agency head to "prepare and implement an agency affirmative action plan", which may not be implemented without the commissioner's approval.[^7] Subdivision 3 requires the commissioner to audit each agency annually and to "report all audit findings to the governor" if an agency misses any affirmative-action requirement for two consecutive years; requires a biennial report; and provides that an agency that does not meet its hiring goals "must justify its nonaffirmative action hires" in competitive and listed noncompetitive appointments.[^7][^24] Its last paragraph provides that "Nothing in this provision, however, shall require any person to disclose their protected group status".[^7]
The Revisor's history line lists thirteen amending chapters from 1987 to 2023 and no repeal; Part V sets out who enacted each.[^2][^25]
- **Main article:** [[Minn. Stat. § 43A.191]]
- **Connects to:** [[Minn. Stat. § 43A.19]] · [[43A.02 DEFINITIONS]] · [[Affirmative Action Monitoring the Hiring Process (MHP) Form]] · [[United States v. State of Minnesota (affirmative-action hiring)]] · [[State of Minnesota Executive Branch Affirmative Action Biennial Report (FY2023-2024)]] · [[Administrative Procedure 19.2 - Affirmative Action Audit Process]]
### Minn. Stat. § 43A.19, the statewide program
The statewide program predates § 43A.191. Laws 1978, chapter 708 (S.F. 1364), approved March 28, 1978, under Perpich, amended former § 43.15 to require the commissioner of personnel to adopt "a statewide affirmative action program covering all agencies in the executive branch", to be adopted as rules, and declared that "This act supersedes and replaces executive orders of the governor relating to affirmative action and equal employment opportunity."[^3][^15] The same act let the commissioner add protected-group members to the list of candidates certified for appointment when an agency's work force showed a disparity, subject to a minimum test score of 70.[^3] Laws 1981, chapter 210, approved May 15, 1981, under Governor Al Quie, repealed chapter 43 and enacted chapter 43A, carrying the program into § 43A.19 and the list expansion into what the act called "expanded certification".[^13]
Section 43A.19 now states the program's purpose "to eliminate the effects of past and present discrimination, intended or unintended, on the basis of protected group status", and directs the commissioner to set goals for each federal Equal Employment Opportunity category from the skilled share of each protected class in the recruiting area and from current employees' availability for promotion.[^10] Laws 2004, chapter 287, signed by Governor Tim Pawlenty on May 27, 2004, amended §§ 43A.02 and 43A.19 to modify "affirmative action provisions"; the complaint quotes both sections.[^26][^27]
- **Main article:** [[Minn. Stat. § 43A.19]]
- **Connects to:** [[Minn. Stat. § 43A.191]] · [[43A.02 DEFINITIONS]] · [[Laws 1981, ch. 210, chapter 43A vessel]] · [[Requirements for agency affirmative action plans]] · [[Executive Order 76- Providing for the Establishment of an Affirmative Action Program in all State Agencies]]
### § 43A.02, the protected-group definition
The 1978 act defined a protected group as a group of "females, handicapped persons, or members of the following minorities", naming Black, Hispanic, Asian or Pacific Islander, and American Indian or Alaskan native persons.[^3] The 1981 code carried the definition into chapter 43A, and the [[State Government Pay Equity Act]] of 1982 amended the same definitions section.[^13][^28] In its current form, § 43A.02, subdivision 33, defines protected groups, for affirmative action purposes, as "females, persons with disabilities, and members of the following minorities", the same four minorities following.[^11] Laws 2004, chapter 287 added the definition of a goal unit by federal job category, and chapters of 2023 and 2025 also amended the section.[^26][^11]
The definition is the hinge of both counts in the federal complaint. Count 2 alleges that the definition "is not merely descriptive" but is built into the numerical-goal, underutilization and pre-hire-justification requirements, so that the State classifies employees and applicants by race and sex.[^29][^27] The same definition is used by the Metropolitan Council's affirmative-action statute, § 473.143, whose plans must be effective "in eliminating the underutilization of qualified members of protected groups".[^30]
- **Main article:** [[43A.02 DEFINITIONS]]
- **Connects to:** [[Minn. Stat. § 43A.19]] · [[Minn. Stat. § 43A.191]] · [[Laws 1981, ch. 210, chapter 43A vessel]] · [[State Government Pay Equity Act]] · [[United States v. State of Minnesota (affirmative-action hiring)]] · [[Portal - Metropolitan Council Regime]]
### Minn. R. ch. 3905, the affirmative action rules
The rules adopted under § 43A.04 state the policy in one sentence: the State is to maintain a program "designed to eliminate underutilization of qualified protected group members within the state civil service", and "A good faith effort minimally includes consideration of affirmative action goals on all staffing and personnel decisions."[^22] Rule 3905.0300 makes the agency head accountable for compliance "to the governor and to the commissioner".[^22] Rule 3905.0400 sets the contents of a plan for agencies with 25 or more employees, beginning with the identification of the protected groups underrepresented in the agency's work force.[^22]
Rule 3905.0600 governs goals. Its subpart 5 provides that goals are set for each goal unit by protected group, by comparing the agency's work force with the relevant civilian labor force in an identified labor market area: "If the comparison shows that a goal unit underutilizes a protected group, the agency head shall establish a goal for that group in that goal unit."[^31] The chapter's current text was published electronically on August 7, 2009.[^22]
The complaint quotes these rules, and the hiring-justification policy filed as its Exhibit B cites chapter 3905 as authority.[^27][^32]
- **Main article:** [[Requirements for agency affirmative action plans]]
- **Connects to:** [[CHAPTER 3905 DEPARTMENT OF MANAGEMENT AND BUDGET STATE AGENCIES; AFFIRMATIVE ACTION]] · [[3905.0100 AFFIRMATIVE ACTION POLICY]] · [[Minn. Stat. § 43A.191]] · [[Affirmative Action Monitoring the Hiring Process (MHP) Form]] · [[United States v. State of Minnesota (affirmative-action hiring)]]
### The Monitoring the Hiring Process form
The form is where the statute meets a single vacancy. Minnesota Management and Budget's October 2025 edition states that under § 43A.191, subdivision 3, agencies "use the Monitoring the Hiring Process (MHP) to gather information about hiring practices in vacancies where there is an underutilization of a protected group in an applicable job category", and that the information reaches the Legislature through quarterly progress reports to the department.[^23] It counts applicants by group at each stage and, when the person hired is non-affirmative, asks which circumstances applied, among them that no underutilized-group applicant was in the pool or that the person selected was more qualified.[^23]
The complaint describes an earlier version of the same instrument as a pre-hire justification form on which a hiring manager "explain[s] the reason for hiring a non-affirmative candidate".[^27] The Department of Human Services policy in Exhibit B goes further than the form: it requires a hiring justification approved by the department's Equal Opportunity and Access Division before an offer is made to a non-underrepresented candidate.[^32]
- **Main article:** [[Affirmative Action Monitoring the Hiring Process (MHP) Form]]
- **Connects to:** [[Minn. Stat. § 43A.191]] · [[Requirements for agency affirmative action plans]] · [[Minnesota Department of Human Services]] · [[United States v. State of Minnesota (affirmative-action hiring)]] · [[State of Minnesota Executive Branch Affirmative Action Biennial Report (FY2023-2024)]]
## Part II. The courts and the federal overlay
The federal frame is [[Title VII]]; the Supreme Court's 1979 and 1987 decisions allowing voluntary plans under it; a 1989 decision applying strict scrutiny to a city's racial contracting preference; and the federal contract clause of 1965–2025. The 2026 suit asks whether the State's program violates Title VII; the State's federal certifications record what it represented meanwhile.[^29][^33][^34][^35][^36][^37][^38]
### United States v. State of Minnesota, No. 0:26-cv-00273
The United States filed its complaint in the District of Minnesota on January 14, 2026, with the State as sole defendant; this section summarizes that original complaint.[^16] It sets out the statutes, rules and hiring form, and attaches the Department of Human Services' Hiring Justification policy 4100.250 as Exhibit B, which provides that "Hiring supervisors must provide a hiring justification when seeking to hire a non-underrepresented candidate" for a vacancy in a job category with underrepresentation.[^27][^32] Count 1 alleges a pattern or practice under § 703(a)(1); Count 2 alleges a pattern or practice under § 703(a)(2). The complaint pleads that "Because staffing is a zero-sum game", a preference for one group discriminates against others, and alleges at paragraph 54 that Minnesota "identifies no prior or present discrimination to justify its race- and sex-conscious employment policies".[^29][^32]
The Attorney General's certification brings a three-judge court and direct appeal to the Supreme Court; the release says the United States argues that "such outdated precedents are inconsistent with both the text of Title VII and subsequent Supreme Court caselaw".[^17] The docket shows a panel of Circuit Judge [[Raymond W. Gruender]], Chief Judge [[Patrick J. Schiltz]] and Judge D. Price Marshall Jr.; a State motion for a more definite statement, denied May 26, 2026; the State's answer to the original complaint, June 16; fact discovery to March 1, 2027; a September 10 stipulation order; and an amended complaint filed September 11. Neither the answer nor the amended complaint was retrievable for this portal; there is no merits ruling.[^6]
- **Main article:** [[United States v. State of Minnesota (affirmative-action hiring)]]
- **Connects to:** [[Minn. Stat. § 43A.191]] · [[Minn. Stat. § 43A.19]] · [[43A.02 DEFINITIONS]] · [[Title VII]] · [[Minnesota Department of Human Services]] · [[Affirmative Action Monitoring the Hiring Process (MHP) Form]] · [[United States v. State of Minnesota (0-26-cv-00273)]]
### Title VII and the three decisions
Title VII forbids an employer to discriminate because of race, color, religion, sex or national origin, and its § 703(j) provides that "Nothing contained in this subchapter shall be interpreted to require any employer" to grant preferential treatment because of an imbalance in its work force.[^39] In *[[United States v. Weber|United Steelworkers of America v. Weber]]*, decided June 27, 1979, the Supreme Court held that Title VII does not forbid a private employer's voluntary plan to eliminate racial imbalance in traditionally segregated job categories; Justice Brennan wrote for the majority and Justice Rehnquist dissented.[^33] In *[[Johnson v. Transportation Agency]]*, decided March 25, 1987, the Court upheld a public employer's voluntary plan that took an applicant's sex into account in a promotion.[^34] Minnesota's 1978 statute preceded *Weber*; § 43A.191 preceded *Johnson*.[^3][^14]
*[[City of Richmond v. J.A. Croson Co.]]*, decided January 23, 1989, concerned contracting rather than employment: the Court held invalid a city plan requiring prime contractors to subcontract at least 30 percent of each contract to minority business enterprises, and applied strict scrutiny to a city's race-based preference.[^35] The 2025 joint disparity study prepared for the Department of Administration summarizes the standards now applied: strict scrutiny for minority-business programs and intermediate scrutiny for programs for women-owned businesses.[^40]
The complaint quotes the *Weber* and *Johnson* dissents and alleges that the program fails even under those decisions' framework.[^27][^32]
- **Main article:** [[Title VII]]
- **Connects to:** [[United States v. Weber]] · [[Johnson v. Transportation Agency]] · [[City of Richmond v. J.A. Croson Co.]] · [[United States v. State of Minnesota (affirmative-action hiring)]] · [[Targeted group business program (Minnesota)]] · [[United States Equal Employment Opportunity Commission]]
### Executive Order 11246 and its revocation
[[Executive Order 11246]] (1965), amended in 1967 to add sex, required every federal contract to carry a clause binding the contractor not to discriminate and to take affirmative action to ensure equal treatment.[^36][^41] Governor Anderson's 1974 order on state agencies recited the State's commitment under Title VII, as amended by the Equal Employment Opportunity Act of 1972, to formulate an affirmative action program.[^12]
[[Executive Order 14173]] of January 21, 2025, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity", revoked Executive Order 11246 in its § 3(b)(i), allowing contractors 90 days under the prior regulatory rules.[^37][^41] The history line of § 43A.191 shows no amendment after 2023, before or after the revocation; the federal complaint followed a year later.[^2][^16] The corpus treats the order as the federal substrate on which the State built; the record shows that Governor Anderson's 1974 order cited Title VII as amended in 1972, that the 1978 statute replaced the governors' orders with state law, and that neither text names Executive Order 11246.[^1][^3][^12]
- **Main article:** [[Executive Order 11246]]
- **Connects to:** [[Executive Order 14173]] · [[Title VII]] · [[Executive Order 76- Providing for the Establishment of an Affirmative Action Program in all State Agencies]] · [[Federal nondiscrimination certifications of the State of Minnesota]] · [[363A.36 CERTIFICATES OF COMPLIANCE FOR PUBLIC CONTRACTS]]
### Federal nondiscrimination certifications
The State represents its federal compliance in grant assurances, single-audit packages and SAM.gov registrations; the project's index holds 62 signatures from audit year 2016 forward and records which of the State's own adopting instruments were in force on each signing date; the count of those instruments rises from 20 in 2016 to 27 in 2026, with none removed.[^38][^42] The audit-year 2023 statewide package contains the one finding, among the packages whose full text the project holds, that touches a federal equal-employment requirement: the Department of Public Safety's Equal Employment Opportunity Program, required for its Justice Department crime-victim awards, was missing required elements because the department's equal employment information had been included in its affirmative action plan.[^43]
No federal filing alleges that any certification was false; the certifications article labels the parent article's claim, that the representations were made while state instruments required action by race and sex, as analysis.[^20][^42]
- **Main article:** [[Federal nondiscrimination certifications of the State of Minnesota]]
- **Connects to:** [[How Minnesota Got Here]] · [[Executive Order 11246]] · [[United States v. State of Minnesota (affirmative-action hiring)]] · [[State of Minnesota Executive Branch Affirmative Action Biennial Report (FY2023-2024)]] · [[Minn. Stat. § 43A.191]]
## Part III. Contracting and certificates
The State reaches its contractors in two ways: a workforce certificate large contractors must hold, descended from the 1969 human-rights amendments, and preferences for small businesses owned by women, persons with disabilities and listed minorities, descended from a set-aside statute amended in 1983.[^44][^8][^45][^46]
### Minn. Stat. § 363A.36, workforce certificates
Laws 1969, chapter 975, approved June 6, 1969, under Governor [[Harold LeVander]], added sex to the employment provisions of the State Act Against Discrimination and created the certificates of compliance for public contractors from which § 363A.36 descends.[^44][^8] No state agency, the Metropolitan Council or a § 473.143 agency may sign a contract over $100,000 with a business of 40 or more full-time employees "unless the business has a workforce certificate from the commissioner of human rights" or has certified in writing that it is exempt.[^8] A certificate is valid for four years and costs $250; a 2020 provision (5Sp2020 c 3, art. 5, s. 18) covers capital projects paid with state money appropriated on or after Jan. 1, 2022; and a municipality receiving state money "is encouraged to prepare and implement an affirmative action plan for the employment of people with disabilities, people of color, and women".[^8][^47]
The 2008 amendment, chapter 349, concerned certificates and affirmative action plans for the employment of "minority persons, women, and qualified disabled individuals".[^48] The [[Women's Economic Security Act]] of 2014, signed by Governor [[Mark Dayton]], added a second certificate, for equal pay, under § 363A.44.[^49][^15]
- **Main article:** [[363A.36 CERTIFICATES OF COMPLIANCE FOR PUBLIC CONTRACTS]]
- **Connects to:** [[Department of Human Rights]] · [[5000.3420 AFFIRMATIVE ACTION PLANS; CONTRACTORS]] · [[Women's Economic Security Act]] · [[Targeted group business program (Minnesota)]] · [[Executive Order 11246]] · [[Portal - Metropolitan Council Regime]]
### The targeted-group business program
Section 16C.16 lets the commissioner of administration designate procurements for small businesses and give preferences to small targeted-group businesses, a category that may include businesses owned and operated by women, persons with disabilities and members of listed minorities; its stated purpose is "to remedy the effects of past discrimination".[^46] The program was recodified in chapter 16C by Laws 1998, chapter 386, signed by Governor Carlson on April 20, 1998, with "up to a six percent preference in the amount bid"; Laws 2023, chapter 62, under Governor Walz, raised the preferences to 12 percent.[^50][^51] Its predecessor was the small-business set-aside of former § 16.083, amended in 1983 to reach businesses "owned and operated by socially or economically disadvantaged persons".[^45] A companion rule for the disadvantaged-business program, Minn. R. 1230.1603, carries a presumption of disadvantage for women and listed minorities.[^52]
Designation rests on disparity studies. The 2025 joint study for the Department of Administration reported the department's spending with minority- and women-owned businesses at 10.5 percent from July 2016 to June 2023, against availability of 21.8 percent.[^53] The corpus's contracting essays measure these programs against *Croson*; the study's own legal summary applies strict scrutiny to programs for minority-owned businesses and intermediate scrutiny to those for women-owned businesses.[^1][^40]
- **Main article:** [[Targeted group business program (Minnesota)]]
- **Connects to:** [[City of Richmond v. J.A. Croson Co.]] · [[363A.36 CERTIFICATES OF COMPLIANCE FOR PUBLIC CONTRACTS]] · [[Minnesota — Instruments giving a preference by group]] · [[Portal - Feminism Regime]] · [[Portal - Metropolitan Council Regime]]
### Instruments giving a preference by group
The project keeps a cross-instrument list of Minnesota statutes, rules and orders that name a protected group as a beneficiary or set a goal by group. The list's affirmative-action entries include §§ 43A.19 and 43A.191 for state employees, § 363A.36 for contractors, § 16C.16 for procurement, and § 473.143, enacted by Laws 1988, chapter 680, which requires the Metropolitan Council and each metropolitan agency to adopt a plan with "goals and timetables to eliminate underutilization of members of each protected group".[^54][^30] Carlson's Executive Order 91-14 joined two of them, giving his council the purpose of "assuring equal access to protected groups under M.S. 43A.19 and M.S. 473.143".[^55]
In 2026, H.F. 5143, titled "Affirmative action requirements for state agencies repealed", was introduced and referred to the House State Government Finance and Policy Committee on May 13; the bill-status record shows no later action.[^56]
- **Main article:** [[Minnesota — Instruments giving a preference by group]]
- **Connects to:** [[Minn. Stat. § 43A.191]] · [[363A.36 CERTIFICATES OF COMPLIANCE FOR PUBLIC CONTRACTS]] · [[Targeted group business program (Minnesota)]] · [[473.143 AFFIRMATIVE ACTION PLANS]] · [[Minnesota — Constitutional and civil-rights challenges to preference instruments]]
## Part IV. Appointments and executive orders
Two lines of executive action run beside the statutes. One concerns the governor's appointments to boards, commissions and councils, governed since 1978 by the open appointments law and administered through a series of governors' committees. The other is the line of executive orders that first ordered affirmative action in state agencies, before the Legislature took the program into statute, and later created councils to monitor it.[^57][^58][^12][^3]
### The Open Appointments Act
Laws 1978, chapter 592 (H.F. 85), approved March 28, 1978, under Perpich, provided for an open appointment process for the State's multimember agencies, and is the origin of § 15.0597.[^57][^9] The section requires the secretary of state to compile data on every covered agency and to publish its vacancies monthly; any person may apply or be nominated; and an appointing authority must consider the applications before appointing. Covered agencies include state boards, commissions and councils and the Metropolitan Council.[^9] Data on a member's sex, party, race, veteran status and national origin are collected "only if the member has voluntarily supplied the information", and the secretary's annual report gives those breakdowns "if known".[^9]
The statute's text sets no preference by sex or race. The Legislative Reference Library's women's timeline records the act as following "an initiative started by Governor Perpich in 1977", reports women's share of appointments rising from 29 to 33 percent in its first five years, and notes a gender-balance bill that failed in 1991.[^59] The corpus treats the act and the governors' appointment orders as an extension of the personnel filter to the boards; the record shows a process statute and orders whose legible text concerns screening, not quotas.[^1][^58][^60]
- **Main article:** [[Open Appointments Act]]
- **Connects to:** [[Executive Order 83-8]] · [[Minnesota Secretary of State]] · [[Lieutenant Governor of Minnesota]] · [[Minnesota Affirmative Action Regime]] · [[Portal - Metropolitan Council Regime]] · [[Portal - Professional Association Regime]]
### Executive Order 83-8 and the appointments committees
Governors of both parties used committees to screen applicants under the law. Governor Quie established a Governor's Committee on Appointments by Executive Order 79-1 in February 1979, and by Executive Order 80-10, filed October 28, 1980, set it at fifteen citizens.[^61][^62] Governor Perpich's Executive Order 83-8, signed March 15, 1983, repealed Executive Order 80-10 and created a commission of eleven members, with the lieutenant governor as chair, to assist him in considering applicants under § 15.0597 and to recommend "the names of three to five applicants for each vacancy".[^58] The lieutenant governor from 1983 to 1991 was [[Marlene Johnson]], DFL.[^63]
In 1989 Perpich issued two further orders. Executive Order 89-14, signed October 17, applies to his appointments after December 31, 1989 to agencies subject to the open appointment law. Executive Order 89-15, signed December 11, continued a fifteen-member Governor's Advisory Committee on Appointments to Multi-Member State Agencies, recited that state government is strengthened by appointing "the widest possible diversity of our citizens including women, youth, minorities, elderly, the disabled, and others", and rescinded Executive Order 83-8.[^64][^60]
The scan's first page is illegible; the legible pages lack the demographic reporting the corpus's reconstruction attributes to the order.[^58][^65]
- **Main article:** [[Executive Order 83-8]]
- **Connects to:** [[Open Appointments Act]] · [[Rudy Perpich]] · [[Al Quie]] · [[Lieutenant Governor of Minnesota]] · [[Executive Order 76- Providing for the Establishment of an Affirmative Action Program in all State Agencies]]
### Executive Order 76 and the affirmative action councils
Governor Anderson's Executive Order 76, filed February 25, 1974, ordered that each department and agency "shall establish and maintain an Affirmative Action program" to ensure equal employment opportunity, created an Equal Opportunity Executive Committee and a State Director of Equal Opportunity, required agency plans "complete with goals and timetables", and superseded Executive Order 37 of July 28, 1972.[^12] Statute replaced the orders in 1978.[^3]
The orders that followed created councils to watch the statutory program. Perpich's Executive Order 85-12, of May 1985, created an Affirmative Action Council of the lieutenant governor, the attorney general, the commissioners of human rights and employee relations and the state director of equal opportunity, to report each year and to "identify barriers to the full utilization of all protected groups".[^66] Governor Carlson's Executive Order 91-14, signed May 3, 1991, created a council of the lieutenant governor and four commissioners to develop a long-range plan for the affirmative action program and equal opportunity bidding.[^55]
- **Main article:** [[Executive Order 76- Providing for the Establishment of an Affirmative Action Program in all State Agencies]]
- **Connects to:** [[Providing for a State Affirmative Action Council]] · [[Minn. Stat. § 43A.19]] · [[Executive Order 11246]] · [[Executive Order 83-8]] · [[Wendell R. Anderson]] · [[Arne Carlson]]
## Part V. Pay equity, reporting and audit
The corpus pairs § 43A.191 with the 1982 pay-equity act; both sit in chapter 43A, at § 43A.01, subdivision 3, and §§ 43A.02–.191. The statute requires a biennial compliance report, and a 1982 procedure, revised in 1996, governs the audits behind it.[^1][^67][^11][^68][^69]
### The State Government Pay Equity Act
Laws 1982, chapter 634 (H.F. 2005), approved March 23, 1982, under Governor Quie, is the State Government Pay Equity Act. It added to § 43A.01 the policy of equitable compensation relationships between "female-dominated, male-dominated, and balanced classes" in the executive branch, defined those classes, and required the comparability of the value of work to be measured.[^28][^67] The Legislative Office on the Economic Status of Women's history of the law names its chief authors as Senator Linda Berglin and Representative Wayne Simoneau and describes its passage with support from both parties.[^70] Laws 1984, chapter 651, approved May 2, 1984, under Perpich, extended a similar duty to "every political subdivision" as the [[Local Government Pay Equity Act]].[^71]
The pay-equity acts classify jobs by the share of women holding them, not employees by protected group; the comparable-worth adjustments they required were made by job class.[^28][^70] The local reporting cycle was paused under Governor Pawlenty in 2003, with no local reports for 2003 and 2004, and a three-year cycle was restored in 2005.[^72][^73] The federal complaint does not challenge the pay-equity acts.[^16]
- **Main article:** [[State Government Pay Equity Act]]
- **Connects to:** [[Local Government Pay Equity Act]] · [[Comparable worth]] · [[43A.02 DEFINITIONS]] · [[Council on the Economic Status of Women]] · [[Portal - Feminism Regime]] · [[Portal - PELRA Regime]]
### The executive branch affirmative action biennial report
Section 43A.191 requires a published report by March 1 of each odd-numbered year.[^7] The report for July 2022 through June 2024 went to the governor and legislative committees under a cover letter dated January 14, 2026, the day the complaint was filed.[^68][^16] For agencies with more than 25 employees, the plans it describes include a utilization analysis with goals and timetables, a recruitment plan and a retention plan.[^68]
Its tables put the representation of protected groups in cabinet agencies in fiscal 2024 at 51.0 percent for females, 14.0 percent for persons with disabilities and 17.6 percent for racial or ethnic minorities.[^68] Citing the fiscal 2023 workforce planning report, it states that the executive branch employed 50.4 percent females against availability of 47.4 percent, and 11.6 percent persons with disabilities against 5.9 percent; the rules set goals by goal unit, so representation above availability overall does not settle whether a goal unit is underutilized.[^74][^31]
- **Main article:** [[State of Minnesota Executive Branch Affirmative Action Biennial Report (FY2023-2024)]]
- **Connects to:** [[Minn. Stat. § 43A.191]] · [[Administrative Procedure 19.2 - Affirmative Action Audit Process]] · [[Affirmative Action Monitoring the Hiring Process (MHP) Form]] · [[Federal nondiscrimination certifications of the State of Minnesota]] · [[Portal - One Minnesota Regime]]
### Administrative Procedure 19.2, the audit process
The compliance findings in the report rest on audits. Administrative Procedure 19.2 of the former Department of Employee Relations, effective December 6, 1982 and revised July 26, 1996, provides for annual desk and on-site audits of every agency required to have a plan.[^69] It assigns the department's equal opportunity office the duty to "Establish policy for determining justifiable non-affirmative action hires", and provides that compliance is determined by the factors in § 43A.191, subdivision 3, including the "number of missed opportunities (failure to justify a nonaffirmative hire)".[^69]
The standard has a three-step history: a 25 percent test enacted in 1987 under Perpich (DFL), restated as a missed-opportunity standard in 1995 under Carlson (IR), struck in 2019 under Walz (DFL). The 1995 text reads "An agency must have 25 percent or less missed opportunities in competitive appointments".[^4][^75][^5] The procedure posted in the department's toolbox still carries its 1996 text.[^69] The audits under § 43A.191 are the commissioner's; the [[Legislative Auditor]] audits separately, and the corpus files under this regime its January 2026 report *Department of Human Services Behavioral Health Grants*, whose text was not retrievable for this portal.[^7][^76][^77]
- **Main article:** [[Administrative Procedure 19.2 - Affirmative Action Audit Process]]
- **Connects to:** [[Minn. Stat. § 43A.191]] · [[State of Minnesota Executive Branch Affirmative Action Biennial Report (FY2023-2024)]] · [[Legislative Auditor]] · [[Requirements for agency affirmative action plans]]
## The two readings
**Reading one: a standing program that both parties built and kept.** On this reading, shared by the complaint and the corpus, the State classifies employees and applicants by race and sex and makes agencies justify hiring outside the protected groups, a pattern or practice Title VII forbids, and "identifies no prior or present discrimination" to support it.[^29][^32] It cuts against both parties: the program was enacted under DFL governors in 1978 and 1985, recodified under an Independent-Republican governor in 1981, and amended in seven chapters during Independent-Republican or Republican terms and six during DFL terms; none repealed § 43A.191.[^3][^13][^14][^2][^15] Independent-Republican governors issued their own affirmative action council and appointment orders, and the party's 2026 platform rejects "any form of set-asides or quotas" without naming these statutes; the State, under a DFL governor, is defending the program in court.[^55][^62][^78][^6]
**Reading two: lawful goals, narrowed over time.** On this reading, the State's position as the complaint records it, the plans are required by statute and rule, prospective, and designed to remedy manifest underutilization in specific job classifications, as *Weber* and *Johnson* allow. The complaint pleads that later rulings diverged from those decisions and, in the alternative, that the program violates Title VII "even under the permissive Weber/Johnson framework"; the Department's release calls them outdated precedents.[^32][^27][^17][^33][^34] The statute does not require anyone to disclose protected-group status; the rules set goals and timetables by goal unit; and the program has been narrowed, most directly in the fate of a 25 percent test enacted in 1987 under Perpich (DFL), restated as a missed-opportunity standard in 1995 under Carlson (IR), struck in 2019 under Walz (DFL).[^7][^31][^4][^75][^5] The audit procedure still posted by the department describes the missed-opportunity test the Legislature struck in 2019.[^69][^5]
The court has not ruled on either reading.[^6]
## Timeline
| Date | Instrument or event |
|---|---|
| Sept. 24, 1965 | [[Executive Order 11246]], federal contract clause[^36] |
| June 6, 1969 | Laws 1969, ch. 975: sex added to employment provisions; certificates of compliance (LeVander)[^44] |
| Feb. 25, 1974 | Executive Order 76 filed (Anderson)[^12] |
| March 28, 1978 | Laws 1978, ch. 708, statewide program and protected groups; ch. 592, open appointments (Perpich)[^3][^57] |
| Feb. 1979 | Executive Order 79-1, Governor's Committee on Appointments (Quie)[^61] |
| June 27, 1979 | *Weber* decided[^33] |
| Oct. 1980 | Executive Order 80-10 (Quie)[^62] |
| May 15, 1981 | Laws 1981, ch. 210, chapter 43A (Quie)[^13] |
| March 23, 1982 | State Government Pay Equity Act (Quie)[^28] |
| March 15, 1983 | Executive Order 83-8 (Perpich)[^58] |
| May 1985 | Executive Order 85-12, Affirmative Action Council (Perpich)[^66] |
| June 27, 1985 | 1Sp1985, ch. 13, sec. 172 enacts § 43A.191 (Perpich)[^14] |
| March 25, 1987 | *Johnson* decided[^34] |
| May 20, 1987 | Laws 1987, ch. 186: the 25 percent justification test (Perpich)[^4] |
| 1988 | Laws 1988, ch. 680, § 473.143 for the Metropolitan Council[^30] |
| Jan. 23, 1989 | *Croson* decided[^35] |
| Oct. 17 and Dec. 11, 1989 | Executive Orders 89-14 and 89-15 (Perpich)[^64][^60] |
| May 3, 1991 | Executive Order 91-14, Affirmative Action Council (Carlson)[^55] |
| June 1, 1995 | Laws 1995, ch. 248 restates the 25 percent test as a missed-opportunity standard (Carlson)[^75] |
| April 20, 1998 | Laws 1998, ch. 386, § 16C.16 (Carlson)[^50] |
| May 27, 2004 | Laws 2004, ch. 287 (Pawlenty)[^26] |
| May 30, 2019 | 1Sp2019, ch. 10 strikes the 25 percent rule (Walz)[^5] |
| May 24, 2023 | Laws 2023, ch. 62, art. 8 amends § 43A.191 (Walz)[^24] |
| Jan. 21, 2025 | [[Executive Order 14173]] revokes Executive Order 11246[^37] |
| Jan. 14, 2026 | Complaint filed; biennial report transmitted[^16][^68] |
| May 13, 2026 | H.F. 5143 introduced[^56] |
| May 26, 2026 | Motion for a more definite statement denied[^6] |
| June 16, 2026 | State's answer[^6] |
| Sept. 10, 2026 | Order on stipulation for an amended complaint[^6] |
| Sept. 11, 2026 | Amended complaint filed[^6] |
### Amendments to § 43A.191 by governor
| Chapter | Enacted | Governor | What the record shows |
|---|---|---|---|
| 1987 c 186 | approved May 20, 1987 | Perpich (DFL) | subd. 3 rewritten; the 25 percent test: agencies failing to justify nonaffirmative action hires in 25 percent or more of appointments designated not in compliance[^4] |
| 1987 c 354 | approved June 2, 1987 | Perpich | revisor's instruction renaming the council for the handicapped[^79] |
| 1988 c 667 | approved April 26, 1988 | Perpich | report due March 1, also to the employee-relations commission, and covering noncompetitive appointments[^80] |
| 1990 c 571 | signed May 3, 1990 | Perpich | handicapped becomes disabled; noncompetitive appointments listed[^81] |
| 1992 c 513 | signed April 29, 1992 | Carlson (IR) | supported-employment positions and recognition toward goals[^82] |
| 1995 c 248 | signed June 1, 1995 | Carlson | sections rewritten; the 25 percent test restated as a missed-opportunity standard[^75] |
| 1996 c 305 | signed March 13, 1996 | Carlson | revisor's corrections: committee name[^83] |
| 2004 c 207 | signed May 18, 2004 | Pawlenty (R) | list of noncompetitive appointments in the report revised[^84] |
| 2007 c 35 | signed May 3, 2007 | Pawlenty | technical and housekeeping changes; re-enacts subd. 3[^85] |
| 2008 c 204 | signed April 17, 2008 | Pawlenty | revisor's instruction on the transfer of employee-relations duties[^86] |
| 2009 c 101 | signed May 16, 2009 | Pawlenty | revisor's instruction: Finance becomes Management and Budget[^87] |
| 1Sp2019 c 10 | signed May 30, 2019 | Walz (DFL) | missed-opportunity definition and 25 percent standard struck[^5] |
| 2023 c 62 | signed May 24, 2023 | Walz | disability subdivision added; audit findings to the governor[^24] |
Each date is the session law's own; governors are matched from the Legislative Reference Library's list. Five of the thirteen chapters are revisor's instructions or housekeeping (1987 c 354, 1996 c 305, 2007 c 35, 2008 c 204, 2009 c 101), four of them in Independent-Republican or Republican governors' terms.[^15][^79][^83][^85][^86][^87]
## Corpus claims checked
| The corpus says | The record shows | Sources |
|---|---|---|
| § 43A.191 was enacted in 1987 (a popular account the corpus itself corrects) | enacted by 1Sp1985, ch. 13, sec. 172, approved June 27, 1985; the 1987 chapters amended it | [^21][^14][^2] |
| the 1987 amendments installed a termination penalty | chapter 186 rewrote the compliance designation and kept the proposal-with-penalties clause; chapter 354's entry is a renaming instruction; neither ties termination to affirmative-action noncompliance (sec. 10 amends general discharge procedures, § 43A.33) | [^21][^4][^79] |
| thirteen amendments since 1985, seven signed by Republican governors, and no repeals | thirteen amending chapters, seven enacted in Independent-Republican or Republican governors' terms, four of those seven revisor's or housekeeping acts; no repeal of the section, but the 25 percent test of 1987 (Perpich) was struck in 2019 | [^1][^2][^15][^4][^5] |
| nothing has been repealed by either party | contradicted in part: the 2003 pay-equity reporting pause, the 2005 repeal of § 3.9222, with the office re-created that year, the women's office closed in 2011 and defunded in 2017, and the 2019 strike of the 25 percent rule | [^72][^88][^89][^5] |
| Executive Order 83-8's text was not captured; its content is reconstructed | the scan is retrieved; its legible pages show a screening commission recommending three to five names per vacancy, not demographic reporting | [^65][^58] |
| the incoming Carlson administration rescinded none of the 1989 appointment orders | not verified from the orders; the record shows Carlson's own affirmative action council order of May 3, 1991 | [^21][^55] |
| the Department of Human Services policy was signed June 23, 2025 | The exhibit's digital signature is dated June 23, 2025 (initial date June 17, issue date July 1, effective Aug. 12). | [^1][^32] |
| the Legislative Auditor's January 2026 audit documents falsified records, a criminal predicate | the report exists, titled *Department of Human Services Behavioral Health Grants*; its text could not be retrieved; the record holds no charge; no staff are named here | [^77][^76] |
## Other portals
The other At Issue portals are [[Portal - Climate Regime]], [[Portal - Community Action Programs Regime]], [[Portal - Feminism Regime]], [[Portal - Metropolitan Council Regime]], [[Portal - New Minnesotans Regime]], [[Portal - One Minnesota Regime]], [[Portal - PELRA Regime]], [[Portal - Professional Association Regime]] and [[Portal - University of Minnesota Regime]].[^1]
## Red-link work list
Titles linked from this portal that the wiki does not have yet; the cross-spine list is `_spines/redlinks.tsv`.
- **New children of this portal:** [[Open Appointments Act]] · [[Executive Order 83-8]]
- **Cases, bodies and instruments:** [[Minnesota Management and Budget]] · [[Johnson v. Transportation Agency]] · [[City of Richmond v. J.A. Croson Co.]]
## See also
- [[How Minnesota Got Here]]
- [[Minnesota Affirmative Action Regime]]
- [[At Issue - Minnesota's Feminist Regime]]
- [[GOP Feminists]]
- [[DFL Feminists]]
- [[Minnesota — Constitutional and civil-rights challenges to preference instruments]]
- [[United States v. State of Minnesota (0-26-cv-00273)]]
## Notes
[^1]: Corpus files (not sources of fact) for the Affirmative Action Regime: the regime node *Affirmative Action Regime* (Actions At Issue Arguments, created July 15, 2026) and *Ten Regimes, One Machine* (Essay I, drafted June 12, 2026), section IX — the regime's statute, toll, immunity and federal caption, and its count of amendments and repeals after 1985.
[^2]: Minn. Stat. § 43A.191 (2025), Revisor's PDF with the history line — enacted 1Sp1985 c 13 s 172; thirteen later chapters: 1987 c 186 and c 354; 1988 c 667; 1990 c 571; 1992 c 513; 1995 c 248; 1996 c 305; 2004 c 207; 2007 c 35; 2008 c 204; 2009 c 101; 1Sp2019 c 10; 2023 c 62. https://www.revisor.mn.gov/statutes/cite/43A.191/pdf
[^3]: Laws of Minnesota 1978, ch. 708 (S.F. 1364), approved March 28, 1978 — amends former § 43.15: a statewide affirmative action program adopted as rules; the protected-group definition; agency plans and affirmative action officers; expansion of eligible lists by protected-group members; sec. 2 supersedes the governor's executive orders on affirmative action. https://www.revisor.mn.gov/laws/1978/0/708/
[^4]: Laws of Minnesota 1987, ch. 186 (H.F. 948), approved May 20, 1987 — act providing for affirmative action improvements; sec. 7 rewrites § 43A.191, subd. 3: agencies that fail to justify nonaffirmative action hires in 25 percent or more of the prior year's appointments designated not in compliance; sec. 10 amends § 43A.33, subd. 3, on discharge procedures. https://www.revisor.mn.gov/laws/1987/0/Session+Law/Chapter/186/pdf/
[^5]: Laws of Minnesota 2019, 1st Special Session, ch. 10, signed May 30, 2019 — state government act; art. 2 amends § 43A.191, striking the "missed opportunity" definition and the 25 percent standard. Office of the Revisor of Statutes. https://www.revisor.mn.gov/laws/2019/1/10/
[^6]: Civil Rights Litigation Clearinghouse, *United States v. State of Minnesota*, 0:26-cv-00273 (D. Minn.), docket — three-judge panel; State's motion for a more definite statement denied May 26, 2026; answer to the original complaint June 16; fact discovery to March 1, 2027; stipulation order Sept. 10; amended complaint filed Sept. 11 (entry 55). https://clearinghouse.net/case/47712/
[^7]: Minn. Stat. § 43A.191 (2025), agency affirmative action programs — subd. 1, a full-time officer in agencies of 1,000 or more employees; subd. 2, agency plans needing the commissioner's approval; subd. 3, annual audits, the biennial report, justification of nonaffirmative action hires and the data clause; history from 1Sp1985 c 13 s 172 through 2023 c 62. https://www.revisor.mn.gov/statutes/cite/43A.191
[^8]: Minn. Stat. § 363A.36 (2025), certificates of compliance for public contracts — subd. 1, no state agency, the Metropolitan Council or a § 473.143 agency may contract over $100,000 with a business of 40 or more full-time employees without a workforce certificate; certificates valid four years; subd. 1a, state-funded capital projects; history from 1969 c 975. https://www.revisor.mn.gov/statutes/cite/363A.36
[^9]: Minn. Stat. § 15.0597 (2025), appointments to multimember agencies — data on members' sex, party, race, veteran status and national origin collected only if voluntarily supplied; monthly vacancy notices; self-nomination; annual report by the secretary of state; history from 1978 c 592 through later chapters including 1983 c 305. https://www.revisor.mn.gov/statutes/cite/15.0597
[^10]: Minn. Stat. § 43A.19 (2025), statewide affirmative action program — subd. 1(a), its purpose to assure equal access and to eliminate the effects of past and present discrimination; contents of the program; subd. 1(b), goals for each federal EEO occupational category from recruiting-area availability; a state director of diversity and equal employment opportunity. https://www.revisor.mn.gov/statutes/cite/43A.19
[^11]: Minn. Stat. § 43A.02 (2025), definitions for the state personnel code — subd. 33 defines protected groups, for affirmative action purposes, as females, persons with disabilities and four listed minorities; history from 1981 c 210 s 2, 1982 c 634, 2004 c 287 and later chapters through 2025 c 39. https://www.revisor.mn.gov/statutes/cite/43A.02
[^12]: Governor Wendell R. Anderson, Executive Order No. 76, Providing for the Establishment of an Affirmative Action Program in all State Agencies (filed Feb. 25, 1974) — an Equal Opportunity Executive Committee; a State Director of Equal Opportunity; agency plans with goals and timetables; annual reports; supersedes Executive Order No. 37 of July 28, 1972. https://www.lrl.mn.gov/archive/execorders/74-76.pdf
[^13]: Laws of Minnesota 1981, ch. 210 (S.F. No. 876), approved May 15, 1981 — repeals Minnesota Statutes 1980, chapter 43 and enacts chapter 43A: § 1 [43A.01] subd. 2 (the affirmative-action policy), § 13 [43A.13] subd. 7 ("expanded certification"), § 19 [43A.19] (the statewide affirmative action program), § 53 [43A.47] (transitional provisions). https://www.revisor.mn.gov/laws/1981/0/Session+Law/Chapter/210/ "All rights, privileges, liabilities and obligations possessed or created under chapter 43"
[^14]: Laws of Minnesota 1985, First Special Session, ch. 13 (H.F. 16), approved June 27, 1985 — omnibus act on the organization and operation of state government; sec. 172 enacts § 43A.191: affirmative action officers, agency plans, an annual audit by the director of equal employment opportunity, an annual report, and a proposal on noncompliance; sec. 173, transition. https://www.revisor.mn.gov/laws/1985/1/Session+Law/Chapter/13/pdf/
[^15]: Minnesota Legislative Reference Library, *Governors, 1849–Present* — dates of taking office: Wendell Anderson 1/4/1971; Rudy Perpich 12/29/1976 and 1/3/1983; Al Quie 1/4/1979; Arne Carlson 1/7/1991; Jesse Ventura 1/4/1999; Tim Pawlenty 1/6/2003; Mark Dayton 1/3/2011; Tim Walz 1/7/2019; with each governor's number in the succession and a link to the Library's biography. https://www.lrl.mn.gov/mngov/gov.aspx
[^16]: Complaint, *United States v. State of Minnesota*, No. 0:26-cv-00273 (D. Minn. filed Jan. 14, 2026), Title VII §§ 703(a)(1)–(2), with the Department of Human Services hiring-justification policy as Exhibit B; the complaint cites Minn. Stat. § 43A.191. https://www.justice.gov/crt/media/1423361/dl
[^17]: U.S. Department of Justice, Office of Public Affairs, "United States Department of Justice Files Lawsuit Against Minnesota's 'Affirmative Action' Regime" (Jan. 14, 2026) — the Title VII suit over Minnesota's state-agency affirmative-action plans. https://www.justice.gov/opa/pr/united-states-department-justice-files-lawsuit-against-minnesotas-affirmative-action-regime
[^18]: Corpus file (merged master, not a source of fact), *How Minnesota Got Here — Minnesota's Administrative Discrimination Regime* (June 19, 2026), preface and §0 — the discipline (structural claims about institutions; individuals in official capacity only; verdicts reserved to the grand jury, the court and the Division) and the two readings built to be cited by both sides.
[^19]: Corpus file (densified companion, not a source of fact), *The Instrument No One Will Name* (June 18, 2026), opening register and method note — combative to the game, critical of each team, neutral on the players; judges the container, never the merits; the companion's own motto, symmetric or void.
[^20]: Project wiki spine article (not a source of fact), *How Minnesota Got Here* (Oct. 28, 2026), section on the certification gap — the organizing claim, stated as the article's analysis of the project's disclosure index, with the defense reading beside it; the parent of this portal and of the certifications article.
[^21]: Corpus file (not a source of fact) *Minnesota 1987–1991 — The Teeth Installation Window* (Affirmative Action Regime folder, April 2026) — corrects the enactment of § 43A.191 to 1Sp1985 c 13 s 172, and asserts that the 1987 amendments installed a termination penalty and that the incoming Carlson administration rescinded none of the 1989 orders on appointments.
[^22]: Minn. R. ch. 3905, State agencies; affirmative action (published electronically Aug. 7, 2009; statutory authority § 43A.04) — 3905.0100 policy and good-faith effort; 3905.0300 agency head accountable to the governor and commissioner; 3905.0400 plan contents for agencies of 25 or more employees; 3905.0600 goals and timetables; 3905.0700 reporting. https://www.revisor.mn.gov/rules/3905/full
[^23]: Minnesota Management and Budget, Office of Workforce Diversity, *Affirmative Action Monitoring the Hiring Process Form* (Oct. 2025) — under § 43A.191, subd. 3, agencies record hiring in vacancies where a protected group is underutilized; applicant-pool counts for females, persons with disabilities and minorities; circumstances when a non-affirmative applicant is hired; quarterly reports to MMB. https://mn.gov/mmb-stat/equal-opportunity/affirmative-action/monitoring-the-hiring-process-form.pdf
[^24]: Laws of Minnesota 2023, ch. 62 (H.F. 1830), art. 8, sec. 16, presented May 23 and signed May 24, 2023 — rewriting § 43A.191: a new subdivision 2a on disability recruitment, hiring and advancement, and in subdivision 3(a) a new sentence requiring the commissioner to report audit findings to the governor after two consecutive years of noncompliance. https://www.revisor.mn.gov/laws/2023/0/62/
[^25]: Corpus file (densified companion, not a source of fact), *The Instrument No One Will Name* (June 18, 2026), note 14 — § 43A.191 history line: enactment 1Sp1985 c 13 s 172, then thirteen amendments (1987 ×2, 1988, 1990, 1992, 1995, 1996, 2004, 2007, 2008, 2009, 1Sp2019, 2023), no repeal; seven signed by Republican governors (Carlson 3, Pawlenty 4).
[^26]: Laws of Minnesota 2004, ch. 287 (H.F. 2609), signed May 27, 2004 — an act relating to state employment, modifying affirmative action provisions: amends §§ 43A.02 and 43A.19, adds a goal-unit definition by federal EEO job category, and repeals a rule subpart. Office of the Revisor of Statutes. https://www.revisor.mn.gov/laws/2004/0/287/
[^27]: Complaint, *United States v. State of Minnesota*, No. 0:26-cv-00273 (D. Minn. filed Jan. 14, 2026), ¶¶ 1–44 — Title VII and *Weber*, *Johnson* and *Bostock* (¶¶ 3–11, ¶ 7 on later rulings); the statutory and regulatory program: § 43A.19, Minn. R. 3905.0100 and 3905.0600, the protected-group definition, final availability, the pre-hire justification form and § 43A.191. https://www.justice.gov/crt/media/1423361/dl
[^28]: Laws of Minnesota 1982, ch. 634 (H.F. 2005), approved March 23, 1982 — the State Government Pay Equity Act: § 43A.01, subd. 3; definitions of balanced, female-dominated and male-dominated classes; comparability of the value of the work. https://www.revisor.mn.gov/laws/1982/0/634/
[^29]: Complaint, *United States v. State of Minnesota*, No. 0:26-cv-00273, Counts 1 and 2 (¶¶ 56–72) and prayer — pattern or practice under Title VII §§ 703(a)(1) and 703(a)(2); the zero-sum allegation; the justification and approval requirement; declaratory and injunctive relief and relief for affected employees. https://www.justice.gov/crt/media/1423361/dl
[^30]: Minn. Stat. § 473.143 (2025), affirmative action plans of the Metropolitan Council and metropolitan agencies — plans approved by the commissioner of management and budget, identifying underrepresented protected groups, with goals and timetables and preemployment review of hiring for groups with unmet goals; history 1988 c 680 s 3; 2008 c 204; 2009 c 101. https://www.revisor.mn.gov/statutes/cite/473.143
[^31]: Minn. R. 3905.0600, requirements for goals and timetables — subp. 5, goals for each goal unit by protected group, based on comparison of the agency work force with the relevant civilian labor force in an identified labor market area; subp. 6, timetables. Office of the Revisor of Statutes. https://www.revisor.mn.gov/rules/3905.0600/
[^32]: Complaint, *United States v. State of Minnesota*, No. 0:26-cv-00273, ¶¶ 45–55 and Exhibit B — Department of Human Services Hiring Justification policy 4100.250 (initial date June 17, issue date July 1, effective Aug. 12, 2025; digital signature dated 2025.06.23); the State's position as the complaint states it (¶ 53); ¶ 54; ¶ 55. https://www.justice.gov/crt/media/1423361/dl
[^33]: *United Steelworkers of America v. Weber*, 443 U.S. 193 (1979) (decided June 27, 1979), majority opinion of Justice Brennan and dissent of Justice Rehnquist, Legal Information Institute text — the opinions' quotations of 110 Cong. Rec. 5423, 6547–49, 6552–53, 7420, 11848 and 12723. https://www.law.cornell.edu/supremecourt/text/443/193
[^34]: *Johnson v. Transportation Agency, Santa Clara County*, 480 U.S. 616 (1987) (Legal Information Institute) — argued Nov. 12, 1986, decided March 25, 1987; voluntary affirmative-action plan upheld; opinion of Brennan, J., joined by Marshall, Blackmun, Powell and Stevens. https://www.law.cornell.edu/supremecourt/text/480/616
[^35]: *City of Richmond v. J.A. Croson Co.*, 488 U.S. 469 (1989), argued Oct. 5, 1988, decided Jan. 23, 1989 (Legal Information Institute) — a city plan requiring prime contractors to subcontract at least 30 percent to minority business enterprises held invalid; strict scrutiny for a state or city's race-based contracting preference. https://www.law.cornell.edu/supremecourt/text/488/469
[^36]: Executive Order 11246 (Sept. 24, 1965), as amended by Executive Order 11375 (Oct. 13, 1967), National Archives codification — the equal-opportunity clause of every federal contract. https://www.archives.gov/federal-register/codification/executive-order/11246.html "The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin."
[^37]: Executive Order 14173 of January 21, 2025, *Ending Illegal Discrimination and Restoring Merit-Based Opportunity*, 90 Fed. Reg. 8633 (Jan. 31, 2025), govinfo PDF — § 3(b)(i) revokes Executive Order 11246 and lets federal contractors follow the prior regulatory scheme for 90 days. https://www.govinfo.gov/content/pkg/FR-2025-01-31/pdf/2025-02097.pdf
[^38]: Minnesota record, *Minnesota — Federal disclosures: who signed what, when* (disclosure index, generated Oct. 26, 2026) — the 62 signature rows: signing date, signer's title, role (auditee, auditor, registrant), filer, federal expenditures, the FAC summary flags, and the adopting instruments the project's data counts as in force on the signing date. Project file `States/MN/Drafts/Disclosures/MN_Federal_Disclosures_by_Year.md`.
[^39]: 42 U.S.C. § 2000e-2 (Legal Information Institute), Title VII unlawful employment practices — subsec. (j), preferential treatment not required on account of an existing number or percentage imbalance. https://www.law.cornell.edu/uscode/text/42/2000e-2
[^40]: Keen Independent Research, *2025 Joint Disparity Study: Final Summary Report* (July 21, 2025), for the Minnesota Department of Administration, p. 6 — Appendix N, prepared by Holland & Knight: strict scrutiny for MBE programs, intermediate scrutiny for WBE and LGBTQ+ programs, rational basis for small, veteran-owned and disability-owned business programs; intermediate scrutiny in the Eighth Circuit and Minnesota. https://mn.gov/admin/assets/MN_Admin_FinalSummaryReport_07212025_tcm36-694391.pdf
[^41]: Congressional Research Service, *History and Status of the Office of Federal Contract Compliance Programs (OFCCP)*, In Focus IF12941 — E.O. 10925; E.O. 11246; the OFCC created Oct. 5, 1965 and its first plan requirement; E.O. 14173 (Jan. 21, 2025). https://www.congress.gov/crs_external_products/IF/PDF/IF12941/IF12941.1.pdf
[^42]: Minnesota record, *Minnesota — Federal disclosures: who signed what, when* (disclosure index, generated Oct. 26, 2026), method paragraph — FAC coverage from audit year 2016; Census-era bulk files for 1998–2015; no FAC dataset for 1984–1997; no single audits before 1984; the instrument column read from the project's instrument data; the "arguable conflict" column labeled analysis; the conflicting-instrument list a determination made under the rule "err toward yes, adjudication later".
[^43]: Federal Audit Clearinghouse, State of Minnesota single audit FY2023 (2023-06-GSAFAC-0000029444), finding 2023-033, Department of Public Safety, Crime Victim Assistance, its text as retrieved through the FAC API into the project's disclosure data — the EEOP missing required elements because equal employment information had been included in the department's affirmative action plan. https://app.fac.gov/dissemination/summary/2023-06-GSAFAC-0000029444
[^44]: Laws of Minnesota 1969, ch. 975 (H.F. 1496), approved June 6, 1969 (scan) — adds sex to the employment provisions of the State Act Against Discrimination; public policy of freedom from sex discrimination in employment; certificates of compliance for public contracts. https://www.revisor.mn.gov/data/revisor/law/1969/0/1969-975.pdf
[^45]: Laws of Minnesota 1983, ch. 301 (H.F. 1290), approved June 8, 1983, secs. 70–76 — amending former § 16.083, the small-business set-aside statute: the annual set-aside share, awards to businesses owned and operated by socially or economically disadvantaged persons, and ten percent subcontracting on contracts over $200,000. https://www.revisor.mn.gov/laws/1983/0/301/
[^46]: Minn. Stat. § 16C.16 (2025), designation of procurements from small businesses — the targeted-group program, its purpose "to remedy the effects of past discrimination," eligibility of women-owned businesses and "up to a 12 percent preference"; history from 1998 c 386. https://www.revisor.mn.gov/statutes/cite/16C.16
[^47]: Laws of Minnesota 2020, Fifth Special Session, ch. 3, presented Oct. 16 and signed Oct. 21, 2020 — capital investment act; art. 5, sec. 18 adds § 363A.36, subd. 1a: agencies and political subdivisions using state general-obligation bond proceeds for capital projects appropriated on or after Jan. 1, 2022 must comply with the certificate rule. https://www.revisor.mn.gov/laws/2020/5/3/
[^48]: Laws of Minnesota 2008, ch. 349 (H.F. 3082), art. 11, sec. 9 — amending § 363A.36, subd. 1, on certificates of compliance and affirmative action plans for the employment of minority persons, women and qualified disabled individuals. https://www.revisor.mn.gov/laws/2008/0/349/
[^49]: Laws of Minnesota 2014, ch. 239 (H.F. 2536), the Women's Economic Security Act — art. 1, citation; art. 2, economic security, including § 363A.44; art. 3, labor standards and wages; art. 4, employment protections; presented May 9, signed May 11, 2014, 11:34 a.m. https://www.revisor.mn.gov/laws/2014/0/239/
[^50]: Laws of Minnesota 1998, ch. 386 (S.F. 726), signed April 20, 1998 — recodifies state procurement as chapter 16C; art. 1, sec. 17 enacts § 16C.16: the small-business share, the targeted group purchasing program and its purpose, designation on a statistical disparity, and up to a six percent bid preference. https://www.revisor.mn.gov/laws/1998/0/386/
[^51]: Laws of Minnesota 2023, ch. 62 (H.F. 1830), art. 2, secs. 77–80 — raising the preferences in § 16C.16, subds. 6, 6a and 7, from six to 12 percent, and amending § 16C.19 to allow certification by a nationally recognized certifying organization the commissioner authorizes. https://www.revisor.mn.gov/laws/2023/0/62/
[^52]: Minn. R. 1230.1603 (published Nov. 13, 2017; 42 SR 543), social and economic disadvantage — subp. 1, "Presumption of disadvantage" for women, persons with substantial physical disabilities and listed minorities; signed, notarized certification; personal net-worth limit under 49 C.F.R. part 26. https://www.revisor.mn.gov/rules/1230/full
[^53]: Keen Independent Research, *2025 Joint Disparity Study: Final Summary Report* (July 21, 2025), for the Minnesota Department of Administration, p. 1 — the State "regularly conducts disparity studies"; Admin's MBE/WBE utilization of 10.5 percent, July 2016–June 2023, against 21.8 percent availability and 11.4 percent in the 2017 Study; MBE/WBEs about 35 percent of available firms. https://mn.gov/admin/assets/MN_Admin_FinalSummaryReport_07212025_tcm36-694391.pdf
[^54]: Minnesota record, Minnesota instrument index (`instruments_MN.tsv`, 83 rows) — identifiers, titles, dates and signers of the State's adopting instruments and related bills.
[^55]: Executive Order 91-14, "Providing for a State Affirmative Action Council," signed by Governor Carlson May 3, 1991 (LRL archive scan) — council purpose, "assuring equal access to protected groups under M.S. 43A.19 and M.S. 473.143," and cooperating councils. https://www.lrl.mn.gov/archive/execorders/91-14.pdf
[^56]: Office of the Revisor of Statutes, bill status, H.F. 5143 (94th Legislature, 2026) — "Affirmative action requirements for state agencies repealed"; authors Schultz, Hudson, Harder, Franson, Mekeland, Heintzeman and Gordon (added May 14); introduced and referred to State Government Finance and Policy May 13, 2026; no later action. https://www.revisor.mn.gov/bills/94/2026/0/HF/5143/
[^57]: Laws of Minnesota 1978, ch. 592 (H.F. 85), approved March 28, 1978 — act on governmental agencies providing for an open appointment process: the secretary of state's compilation of multimember agencies, published vacancy notices, applications and nominations; the origin of Minn. Stat. § 15.0597. Office of the Revisor of Statutes. https://www.revisor.mn.gov/laws/1978/0/592/
[^58]: Governor Rudy Perpich, Executive Order No. 83-8 (signed March 15, 1983), legible pages of the LRL archive scan — a commission of eleven members, one per congressional district and two at large, the lieutenant governor as chair; assists in considering applicants under § 15.0597; three to five names per vacancy; repeals Executive Order 80-10. https://www.lrl.mn.gov/archive/execorders/83-08.pdf
[^59]: Minnesota Legislative Reference Library, Women's Legislative Timeline, 1978 Open Appointments Act (Laws 1978, ch. 592) — "following an initiative started by Governor Perpich in 1977"; women's share of appointments rising from 29 to 33 percent in the law's first five years; the failed 1991 gender-balance bill. https://www.lrl.mn.gov/womenstimeline/details?recid=30
[^60]: Governor Rudy Perpich, Executive Order No. 89-15 (Dec. 11, 1989; 14 S.R. 1419) — continues the Governor's Advisory Committee on Appointments to Multi-Member State Agencies: fifteen members, the lieutenant governor as chair, three to five names per vacancy; preamble on appointing the widest possible diversity of citizens; rescinds Executive Order 83-8. https://www.lrl.mn.gov/archive/execorders/89-15.pdf
[^61]: Governor Albert H. Quie, Executive Order No. 79-1, with the Department of Administration's transmittal memorandum of Feb. 21, 1979 — establishment of the Governor's Committee on Appointments; filed with the secretary of state and noticed in the State Register (LRL archive scan). https://www.lrl.mn.gov/archive/execorders/79-01.pdf
[^62]: Governor Albert H. Quie, Executive Order No. 80-10 (October 1980; filed Oct. 28, 1980) — Governor's Committee on Appointments to State Multi-Member Agencies: fifteen citizens, one per congressional district and seven at large; assists the governor in considering applicants; expires in two years (LRL archive scan). https://www.lrl.mn.gov/archive/execorders/80-10.pdf
[^63]: Minnesota Legislative Reference Library, "Lieutenant Governors, 1858-present" — Marlene Johnson, Democratic-Farmer-Labor, St. Paul, from 1/3/1983; succeeded 1/7/1991 by Joanell M. Dyrstad, Independent-Republican. https://www.lrl.mn.gov/mngov/ltgov.aspx
[^64]: Governor Rudy Perpich, Executive Order No. 89-14 (signed Oct. 17, 1989; filed Oct. 18), legible page of the LRL archive scan — applies to gubernatorial appointments after Dec. 31, 1989 to multimember agencies subject to § 15.0597, the open appointment law, and to agencies under § 15.0593; ex officio members excepted. https://www.lrl.mn.gov/archive/execorders/89-14.pdf
[^65]: Corpus file (not a source of fact) *EO 83-8 — Archival Retrieval Brief* (Affirmative Action Regime folder, April 28, 2026) — reports that the order's text had not been captured and reconstructs its content, including demographic data and progress reports on gender and racial representation, from Executive Orders 89-14 and 89-15 and from § 15.0597.
[^66]: Governor Rudy Perpich, Executive Order No. 85-12, Providing for a State Affirmative Action Council (May 1985; filed May 2, 1985) — council of the lieutenant governor as chair, the attorney general, the commissioners of human rights and employee relations and the state director of equal opportunity; quarterly meetings; annual report to the governor by March 1. https://www.lrl.mn.gov/archive/execorders/85-12.pdf
[^67]: Minn. Stat. § 43A.01 (2025), policy — subd. 3, equitable compensation relationships between female-dominated, male-dominated and balanced classes in the executive branch; history 1981 c 210 s 1; 1982 c 634 s 1. https://www.revisor.mn.gov/statutes/cite/43A.01
[^68]: Minnesota Management and Budget, *State of Minnesota Executive Branch Affirmative Action Biennial Report*, July 1, 2022–June 30, 2024, transmitted Jan. 14, 2026 under § 43A.191, subd. 3 — cabinet-agency representation in fiscal 2024: females 51.0 percent, persons with disabilities 14.0, racial or ethnic minorities 17.6; plan requirements; hires and separations by job category. https://www.lrl.mn.gov/docs/2026/mandated/260035.pdf
[^69]: Minnesota Department of Employee Relations, *Administrative Procedure 19.2, Affirmative Action Audit Process* (effective Dec. 6, 1982; revised July 26, 1996), posted in Minnesota Management and Budget's HR toolbox — annual desk and on-site audits; compliance by the factors in § 43A.191, subd. 3, including missed opportunities. https://mn.gov/mmb-stat/hr-toolbox/003-equal-opportunity-diversity-and-inclusion/010-affirmative-action/19-2-affirmative-action-audit-process.pdf
[^70]: Legislative Office on the Economic Status of Women, *Pay Equity: The Minnesota Experience*, 6th ed. (Dec. 2015; posted Feb. 2016) — the 1981 task force; the 1982 act's chief authors Berglin and Simoneau; bipartisan support; the 1984 local act, penalties and the 2003 reporting moratorium. https://mn.gov/mmb-stat/pay-equity/Pay_Equity-The%20Minnesota%20Experience.pdf
[^71]: Laws of Minnesota 1984, ch. 651 (H.F. 1766), approved May 2, 1984 — the Local Government Pay Equity Act, Minn. Stat. §§ 471.991–.999: definitions, the duty of every political subdivision, reports to the Department of Employee Relations. https://www.revisor.mn.gov/laws/1984/0/651/
[^72]: Laws of Minnesota 2003, 1st Spec. Sess., ch. 1 (H.F. 1), signed May 28, 2003 — art. 2, sec. 112, amending § 471.999: no local reports for 2003 and 2004, then reports no more than once every five years. https://www.revisor.mn.gov/laws/2003/1/1/
[^73]: Minn. Stat. § 471.999 (2025), local pay-equity reports — reporting no more than once every three years; no reports for 2003 and 2004; history 1984 c 651 s 11; 1Sp2003 c 1 art 2 s 112; 1Sp2005 c 1 art 4 s 113. https://www.revisor.mn.gov/statutes/cite/471.999
[^74]: Minnesota Management and Budget, *Executive Branch Affirmative Action Biennial Report* (2026), pp. 8–9 — citing the fiscal 2023 workforce planning report, the executive branch employed 50.4 percent females against 47.4 percent availability, and 11.6 percent persons with disabilities against 5.9 percent; opportunities by job category. https://www.lrl.mn.gov/docs/2026/mandated/260035.pdf
[^75]: Laws of Minnesota 1995, ch. 248 (S.F. 1246), signed June 1, 1995 — art. 10 rewriting §§ 43A.19 and 43A.191, including the rule that "An agency must have 25 percent or less missed opportunities in competitive appointments". Office of the Revisor of Statutes. https://www.revisor.mn.gov/laws/1995/0/248/
[^76]: Office of the Legislative Auditor, Financial Audit Division, *Department of Human Services Behavioral Health Grants*, report fad2601 (January 2026) — cited by title and date only; the office's robots rules did not allow the report or its landing page to be retrieved for this portal, so its findings were not read. https://www.auditor.leg.state.mn.us/fad/pdf/fad2601.pdf
[^77]: Corpus files (not sources of fact) *Section 1519 Charge Packet* and *Section 1519 Predicate Evidence* (Affirmative Action Regime folder, April 10, 2026) — an argued criminal theory built on the Legislative Auditor's January 2026 audit of Department of Human Services behavioral-health grants; the files name agency staff, whom this portal does not name.
[^78]: Republican Party of Minnesota, *2026 Official Party Platform* ("Adopted by the Republican Party of Minnesota"; PDF, June 2026), linked from the party's resources page — civil rights, quotas and set-asides, privacy, education and family sections. https://mngop.com/wp-content/uploads/2026/06/Republican-Party-of-Minnesota_2026_PlatformPDF.pdf
[^79]: Laws of Minnesota 1987, ch. 354 (S.F. 377), approved June 2, 1987 — act on the state council for the handicapped, its name, duties and appeals; sec. 8, an instruction to the revisor to change council for the handicapped to council on disability wherever it appears in Minnesota Statutes, the entry for this chapter in the § 43A.191 history line. https://www.revisor.mn.gov/laws/1987/0/Session+Law/Chapter/354/pdf/
[^80]: Laws of Minnesota 1988, ch. 667 (S.F. 2003), approved April 26, 1988 — act on state employee salaries and personnel that, among other things, regulates affirmative action; sec. 11 amends § 43A.191, subd. 3: the annual report due March 1, sent also to the legislative commission on employee relations, and covering noncompetitive appointments. https://www.revisor.mn.gov/laws/1988/0/Session+Law/Chapter/667/pdf/
[^81]: Laws of Minnesota 1990, ch. 571 (H.F. 2081), presented April 26 and signed May 3, 1990 — act regulating state employment practices; secs. 26–27 amend § 43A.191, subds. 2 and 3: handicapped persons become disabled persons in the accommodation plan, and the noncompetitive appointments the report must cover are listed. https://www.revisor.mn.gov/laws/1990/0/Session+Law/Chapter/571/pdf/
[^82]: Laws of Minnesota 1992, ch. 513 (H.F. 2694), presented April 17 and signed April 29, 1992 — omnibus health and human services act; art. 9, sec. 2 amends § 43A.191, subd. 2, adding that agency plans identify positions usable for supported employment and that agencies receive recognition toward their goals for supported workers. https://www.revisor.mn.gov/laws/1992/0/Session+Law/Chapter/513/pdf/
[^83]: Laws of Minnesota 1996, ch. 305 (H.F. 2938), presented March 12 and signed March 13, 1996 — the revisor's act correcting erroneous, ambiguous and omitted text and obsolete references; art. 1, sec. 11 amends § 43A.191, subd. 3, replacing the appropriations committee with the ways and means committee. https://www.revisor.mn.gov/laws/1996/0/Session+Law/Chapter/305/pdf/
[^84]: Laws of Minnesota 2004, ch. 207 (S.F. 2703), presented May 14 and signed May 18, 2004 — act modifying state hiring process provisions and definitions; sec. 26 amends § 43A.191, subd. 3, revising the list of noncompetitive appointments the biennial report must cover, the 25 percent missed-opportunity text unchanged. https://www.revisor.mn.gov/laws/2004/0/Session+Law/Chapter/207/pdf/
[^85]: Laws of Minnesota 2007, ch. 35 (S.F. 1236), presented April 30 and signed May 3, 2007 — act relating to state employees making technical and housekeeping changes to §§ 43A.191, 43A.23 and 43A.49; sec. 1 re-enacts § 43A.191, subd. 3, with the 25 percent missed-opportunity text in place. Office of the Revisor of Statutes. https://www.revisor.mn.gov/laws/2007/0/Session+Law/Chapter/35/pdf/
[^86]: Laws of Minnesota 2008, ch. 204 (S.F. 3202), presented April 16 and signed April 17, 2008 — act codifying the transfer of employee relations duties to the Department of Finance; sec. 42, a revisor's instruction whose list of sections includes §§ 43A.02, 43A.19 and 43A.191. https://www.revisor.mn.gov/laws/2008/0/Session+Law/Chapter/204/pdf/
[^87]: Laws of Minnesota 2009, ch. 101 (S.F. 2082), presented May 13 and signed May 16, 2009 — act on government operations and state internal controls; art. 2, sec. 109, a revisor's instruction changing references to the commissioner and Department of Finance to Management and Budget throughout Minnesota Statutes and Rules. https://www.revisor.mn.gov/laws/2009/0/Session+Law/Chapter/101/pdf/
[^88]: Laws of Minnesota 2005, ch. 156 (H.F. 1481), signed June 3, 2005 — state government operations; repealer including Minn. Stat. § 3.9222, the Legislative Commission on the Economic Status of Women. Office of the Revisor of Statutes. https://www.revisor.mn.gov/laws/2005/0/156/
[^89]: Minnesota Legislative Reference Library, State Agencies, "Office on the Economic Status of Women" — created 2005; closed 2011; restored by WESA in 2014; closed July 1, 2017 when 1Sp2017 S.F. 1 eliminated staff funding; re-established 2023; directors. https://www.lrl.mn.gov/agencies/agencies_detail.aspx?AgencyID=1913