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HF 2671

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:32pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to veterans; broadening eligibility for the bid preference program for
designated veteran-owned small businesses bidding for state contracts for goods
and services; amending Minnesota Statutes 2009 Supplement, sections 16C.16,
subdivision 6a; 16C.19.

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

Section 1.

Minnesota Statutes 2009 Supplement, section 16C.16, subdivision 6a, is
amended to read:


Subd. 6a.

Veteran-owned small businesses.

(a) The commissioner shall award up
to a six percent preference, but no less than the percentage awarded to any other group
under this section, in the amount bid on state procurement to certified small businesses
that are majority-owned and operated deleted text begin either:
deleted text end

deleted text begin (1)deleted text end by deleted text begin recently separated veterans, who aredeleted text end new text begin one or morenew text end veteransnew text begin ,new text end as defined in
section 197.447, who have served in active military servicedeleted text begin ,deleted text end at any time deleted text begin on or after
September 11, 2001,deleted text end and who have been discharged under honorable conditions from
active service, as indicated by the person's United States Department of Defense form
DD-214 or by the commissioner of veterans affairsdeleted text begin ; ordeleted text end new text begin .
new text end

deleted text begin (2) by veterans who are veterans as defined in section 197.447, with
service-connected disabilities, as determined at any time by the United States Department
of Veterans Affairs.
 deleted text end

(b) The purpose of this designation is to facilitate the transition of veterans from
military to civilian life, and to help compensate veterans for their sacrifices, including but
not limited to their sacrifice of health and time, to the state and nation during their military
service, as well as to enhance economic development within Minnesota.

deleted text begin (c) For purposes of this section and section 16C.19, "service-connected disability"
has the meaning given in United States Code, title 38, section 101(16), as determined by
the United States Department of Veterans Affairs.
 deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to
businesses that apply for state contracts being awarded on or after that date.
 new text end

Sec. 2.

Minnesota Statutes 2009 Supplement, section 16C.19, is amended to read:


16C.19 ELIGIBILITY; RULES.

(a) A small business wishing to participate in the programs under section 16C.16,
subdivisions 4 to 7, must be certified by the commissioner. The commissioner shall adopt
by rule standards and procedures for certifying that small businesses, small targeted group
businesses, and small businesses located in economically disadvantaged areas are eligible
to participate under the requirements of sections 16C.16 to 16C.21. The commissioner
shall adopt by rule standards and procedures for hearing appeals and grievances and other
rules necessary to carry out the duties set forth in sections 16C.16 to 16C.21.

(b) The commissioner may make rules which exclude or limit the participation of
nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
manufacturers' representatives, and others from eligibility under sections 16C.16 to
16C.21.

(c) The commissioner may make rules that set time limits and other eligibility limits
on business participation in programs under sections 16C.16 to 16C.21.

(d) Notwithstanding paragraph (c), for purposes of sections 16C.16 to 16C.21,
a veteran-owned small business deleted text begin or service-disabled veteran-owned small businessdeleted text end , the
principal place of business of which is in Minnesota, is certified ifdeleted text begin :
deleted text end

deleted text begin (1)deleted text end it has been verified by the United States Department of Veterans Affairs as
being new text begin either new text end a veteran-owned small business new text begin or a service-disabled veteran-owned small
business, new text end in accordance with Public Law 109-461 and Code of Federal Regulations, title
38, part 74deleted text begin , and a majority of the owners of the business are recently separated veterans as
provided in section 16C.16, subdivision 6a; or
deleted text end

deleted text begin (2) it has been verified by the United States Department of Veterans Affairs as being
a service-disabled veteran-owned small business in accordance with Public Law 109-461
and Code of Federal Regulations, title 38, part 74deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2010, and applies to
businesses that apply for state contracts being awarded on or after that date.
 new text end