HF 418

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; requiring state service
contracts and solicitations for state service
contracts to contain information on where work will be
performed; requiring state contractors to disclose
certain information from people they contact;
requiring a report; proposing coding for new law in
Minnesota Statutes, chapter 16C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [16C.076] LOCATION OF WORK PERFORMED UNDER
SERVICE CONTRACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Work performed in minnesota. new text end

new text begin An agency
entering into a contract for services must attempt to arrange
for work under the contract to be performed in Minnesota. If a
contract for services results in work being done outside
Minnesota, the agency entering into the contract must report to
the commissioner and to the legislature why the work under the
contract could not be performed in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Information in solicitation. new text end

new text begin A solicitation for
services to be performed under a contract for an agency must
require a vendor's response to the solicitation to include the
vendor's estimate of the number, location, and the cost of
employees who will perform work under the contract, and under
any subcontract:
new text end

new text begin (1) in Minnesota;
new text end

new text begin (2) in the United States, but outside Minnesota; and
new text end

new text begin (3) outside the United States.
new text end

new text begin Subd. 3. new text end

new text begin Information reported by contractor. new text end

new text begin A contract
for services entered into by an agency must require the
contractor and any subcontractor performing work under the
contract to report to the agency the number, location, and the
cost of employees who perform work under the contract, and under
any subcontract:
new text end

new text begin (1) in Minnesota;
new text end

new text begin (2) in the United States, but outside Minnesota; and
new text end

new text begin (3) outside the United States.
new text end

new text begin Subd. 4. new text end

new text begin Reporting. new text end

new text begin Within 30 days of final completion
of a contract for services, the head of the agency entering into
the contract must submit a one-page report to the commissioner
and to the Legislative Reference Library listing the number,
location, and the cost of employees who performed work under the
contract in Minnesota, in the United States outside Minnesota,
and outside the United States.
new text end

new text begin Subd. 5. new text end

new text begin Application. new text end

new text begin This section applies both to a
contract for professional or technical services, as defined in
section 16C.08, and to a contract for nonprofessional or
technical services. For purposes of this section, "agency"
includes the Minnesota State Colleges and Universities.
new text end

Sec. 2.

new text begin [16C.077] CONTRACTOR TO DISCLOSE CERTAIN
INFORMATION.
new text end

new text begin (a) This section applies to a contract entered into by a
state agency under which a contractor has, or is contacting an
individual to obtain, private data on individuals or
confidential data on individuals, as those terms are defined in
section 13.02. In addition to any other requirements in chapter
13 or other law, a contract covered by this section must require
the contractor or any subcontractor that contacts the individual
that is the subject of the private or confidential data that the
contractor has or is seeking to obtain, to disclose to the
individual:
new text end

new text begin (1) the name of the contractor making the contact;
new text end

new text begin (2) the name of the agency on whose behalf the contact is
made, and the name and telephone number of an agency employee
the person being contacted can reach for further information;
and
new text end

new text begin (3) if the contact is by telephone or by electronic mail
and if the contact is initiated from outside of Minnesota, the
name of the state where the contact is initiated, or if the
contact is initiated from outside the United States, the name of
the country where the contact is initiated.
new text end

new text begin (b) For purposes of this section:
new text end

new text begin (1) a "state contractor" is a person or entity that has
entered into a contract with an agency to provide professional
or technical services or nonprofessional or technical services;
new text end

new text begin (2) "contact" includes any form of written or oral
communication made on behalf of an agency, including but not
limited to telephone, facsimile, electronic mail, United States
mail, and in-person visit; and
new text end

new text begin (3) "agency" includes the Minnesota State Colleges and
Universities.
new text end

Sec. 3. new text begin REPORT.
new text end

new text begin By January 15, 2006, the commissioner of administration
must report to the legislature on agency service contracts in
effect on the effective date of section 1. To the extent
practicable, the report must list, for each contract: the name
of the agency entering into the contract; a general description
of the services to be performed under the contract; and the
number, location, and the cost of employees who have performed
or will perform work under the contract in Minnesota, in the
United States outside of Minnesota, and outside the United
States. The head of each agency that has entered into a service
contract in effect on the effective date of section 1 must
request this information from each of its contractors, and must
report the information to the commissioner in the time and
manner requested by the commissioner.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final
enactment and apply to a contract for which the solicitation
process begins on or after that date.
new text end