HF 871

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to state government; authorizing
participation of day training and habilitation
services providers in state cooperative purchasing
agreements; including certain rehabilitation
facilities, extended employment providers, and day
training and habilitation services providers in the
state agency acquisition process; amending Minnesota
Statutes 2004, sections 16C.10, subdivision 5; 471.59,
subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 16C.10,
subdivision 5, is amended to read:

Subd. 5.

Specific purchases.

The solicitation process
described in this chapter is not required for acquisition of the
following:

(1) merchandise for resale purchased under policies
determined by the commissioner;

(2) farm and garden products which, as determined by the
commissioner, may be purchased at the prevailing market price on
the date of sale;

(3) goods and services from the Minnesota correctional
facilities;

(4) goods and services from rehabilitation facilities and
extended employment providers that are certified by the
commissioner of employment and economic development new text begin , and day
training and habilitation services licensed under sections
245B.01 to 245B.08 new text end ;

(5) goods and services for use by a community-based
facility operated by the commissioner of human services;

(6) goods purchased at auction or when submitting a sealed
bid at auction provided that before authorizing such an action,
the commissioner consult with the requesting agency to determine
a fair and reasonable value for the goods considering factors
including, but not limited to, costs associated with submitting
a bid, travel, transportation, and storage. This fair and
reasonable value must represent the limit of the state's bid;
and

(7) utility services where no competition exists or where
rates are fixed by law or ordinance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2004, section 471.59,
subdivision 1, is amended to read:

Subdivision 1.

Agreement.

Two or more governmental
units, by agreement entered into through action of their
governing bodies, may jointly or cooperatively exercise any
power common to the contracting parties or any similar powers,
including those which are the same except for the territorial
limits within which they may be exercised. The agreement may
provide for the exercise of such powers by one or more of the
participating governmental units on behalf of the other
participating units. The term "governmental unit" as used in
this section includes every city, county, town, school district,
other political subdivision of this or another state, another
state, the University of Minnesota, nonprofit hospitals licensed
under sections 144.50 to 144.56, new text begin rehabilitation facilities and
extended employment providers that are certified by the
commissioner of employment and economic development, day
training and habilitation services licensed under sections
245B.01 to 245B.08, new text end and any agency of the state of Minnesota or
the United States, and includes any instrumentality of a
governmental unit. For the purpose of this section, an
instrumentality of a governmental unit means an instrumentality
having independent policy making and appropriating authority.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end