HF 2203

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to corrections; extension of the MINNCOR Task 
  1.3             Force; authorizing goals for the task force; 
  1.4             prohibiting colleges and universities from evading 
  1.5             purchasing requirements by specification variation; 
  1.6             amending Minnesota Statutes 2002, sections 16B.181, 
  1.7             subdivision 2; 16B.335, subdivision 3. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 16B.181, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [PUBLIC ENTITIES; PURCHASES FROM CORRECTIONS 
  1.12  INDUSTRIES.] (a) The commissioner of corrections, in 
  1.13  consultation with the commissioner of administration, shall 
  1.14  prepare updated lists of the items available for purchase from 
  1.15  Department of Corrections industries and annually forward a copy 
  1.16  of the most recent list to all public entities within the 
  1.17  state.  A public entity that is supported in whole or in part 
  1.18  with funds from the state treasury may purchase items directly 
  1.19  from corrections industries.  The bid solicitation process is 
  1.20  not required for these purchases. 
  1.21     (b) The commissioner of administration shall develop a 
  1.22  contract or contracts to enable public entities to purchase 
  1.23  items directly from corrections industries.  The commissioner of 
  1.24  administration, in consultation with the commissioner of 
  1.25  corrections, shall determine the fair market price for listed 
  1.26  items.  The commissioner of administration shall require that 
  2.1   all requests for bids or proposals, for items provided by 
  2.2   corrections industries, be forwarded to the commissioner of 
  2.3   corrections to enable corrections industries to submit bids.  
  2.4   The commissioner of corrections shall consult with the 
  2.5   commissioner of administration prior to introducing new products 
  2.6   to the state agency market. 
  2.7      (c) No public entity, including the Minnesota State 
  2.8   Colleges and Universities and the University of Minnesota, may 
  2.9   evade the intent of this section by adopting slight variations 
  2.10  in specifications, when Minnesota corrections industry items 
  2.11  meet the reasonable needs and specifications of the public 
  2.12  entity. 
  2.13     (d) The commissioners of administration and corrections 
  2.14  shall develop annual performance measures outlining goals to 
  2.15  maximize inmate work program participation.  The commissioners 
  2.16  of administration and corrections shall appoint cochairs for a 
  2.17  task force whose purpose is to determine additional methods to 
  2.18  achieve the performance goals for public entity purchasing.  The 
  2.19  task force shall include representatives from the Minnesota 
  2.20  House of Representatives, Minnesota Senate, the Minnesota State 
  2.21  Colleges and Universities, University of Minnesota, Minnesota 
  2.22  League of Cities, Minnesota Association of Counties, and 
  2.23  administrators with purchasing responsibilities from the 
  2.24  Minnesota state Departments of Corrections, Public Safety, 
  2.25  Finance, Transportation, Natural Resources, Human Services, 
  2.26  Health, and Economic Security.  Notwithstanding section 15.059, 
  2.27  the task force created in this paragraph expires on June 30, 
  2.28  2003 2005. 
  2.29     (e) If performance goals for public entity purchasing are 
  2.30  not achieved in two consecutive fiscal years, public entities 
  2.31  shall purchase items available from corrections industries.  
  2.32  Performance measures and goals may be set for all members of the 
  2.33  task force as a group or, at the discretion of the 
  2.34  commissioners, for any subsets of the task force.  The 
  2.35  commissioner of administration shall be responsible for 
  2.36  notifying public entities of this requirement. 
  3.1      Sec. 2.  Minnesota Statutes 2002, section 16B.335, 
  3.2   subdivision 3, is amended to read: 
  3.3      Subd. 3.  [PREDESIGN REQUIREMENT.] The definitions in 
  3.4   paragraphs (a) and (b) apply to this section. 
  3.5      (a) "Predesign" means the stage in the development of a 
  3.6   project during which the purpose, scope, cost, and schedule of 
  3.7   the complete project are defined and instructions to design 
  3.8   professionals are produced.  
  3.9      (b) "Design" means the stage in the development of a 
  3.10  project during which schematic, design development, and contract 
  3.11  documents are produced. 
  3.12     (c) A recipient to whom an appropriation is made for a 
  3.13  project subject to review under subdivision 1 or notice under 
  3.14  subdivision 2 shall prepare a predesign package and submit it to 
  3.15  the commissioner for review and recommendation before proceeding 
  3.16  with design activities.  The commissioner must complete the 
  3.17  review and recommendation within ten working days after 
  3.18  receiving it.  Failure to review and recommend within the ten 
  3.19  days is considered a positive recommendation.  The predesign 
  3.20  package must be sufficient to define the purpose, scope, cost, 
  3.21  and schedule of the project and must demonstrate that the 
  3.22  project has been analyzed according to appropriate space needs 
  3.23  standards.  All predesign, design, and construction projects, 
  3.24  including the Minnesota State Colleges and Universities and the 
  3.25  University of Minnesota, shall include consideration of the 
  3.26  state of Minnesota's correctional industries program, MINNCOR 
  3.27  Industries, consistent with section 16B.181, subdivision 2, 
  3.28  paragraph (c), in predesign planning and product specifications. 
  3.29     (d) This subdivision does not apply to capital projects for 
  3.30  park buildings owned by a local government unit in the 
  3.31  metropolitan area defined in section 473.121, subdivision 2.