HF 1196

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/21/2013 04:11pm

A bill for an act
relating to local government; authorizing publication of advertisements for
competitive bids in a recognized industry trade journal; requiring a report;
amending Minnesota Statutes 2012, sections 331A.01, by adding a subdivision;
429.041, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 331A.01, is amended by adding a
subdivision to read:

new text begin Subd. 11. new text end

new text begin Recognized industry trade journal. new text end

new text begin "Recognized industry trade journal"
means a printed or digital publication or Web site that contains building and construction
news of interest to contractors in this state, or that publishes project advertisements and
bids for review by contractors or other interested bidders in its regular course of business.
new text end

Sec. 2.

Minnesota Statutes 2012, section 429.041, subdivision 1, is amended to read:

Subdivision 1.

Plans and specifications, advertisement for bids.

When the
council determines to make any improvement, it shall let the contract for all or part of
the work, or order all or part of the work done by day labor or otherwise as authorized
by subdivision 2, no later than one year after the adoption of the resolution ordering
such improvement, unless a different time limit is specifically stated in the resolution
ordering the improvement. The council shall cause plans and specifications of the
improvement to be made, or if previously made, to be modified, if necessary, and to be
approved and filed with the clerk, and if the estimated cost exceeds the amount in section
471.345, subdivision 3, shall advertise for bids for the improvement in the newspaper deleted text begin and
such other papers deleted text end new text begin or recognized industry trade journal as defined in section 331A.01,
subdivision 11, new text end and for such length of time as it may deem advisable. If the estimated cost
exceeds twice the amount in section 471.345, subdivision 3, publication shall be made no
less than three weeks before the last day for submission of bids once in the newspaper and
at least once in either a newspaper published in a city of the first class or a deleted text begin trade paper
deleted text end new text begin recognized industry trade journal new text end . deleted text begin To be eligible as such a trade paper, a publication shall
have all the qualifications of a legal newspaper except that instead of the requirement
that it shall contain general and local news, such trade paper shall contain building and
construction news of interest to contractors in this state, among whom it shall have a
general circulation. deleted text end The advertisement shall specify the work to be done, shall state the
time when the bids will be publicly opened for consideration by the council, which shall
be not less than ten days after the first publication of the advertisement when the estimated
cost is less than twice the amount in section 471.345, subdivision 3, and not less than three
weeks after such publication in other cases, and shall state that no bids will be considered
unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check,
bid bond, or certified check payable to the clerk, for such percentage of the amount of the
bid as the council may specify. In providing for the advertisement for bids the council
may direct that the bids shall be opened publicly by two or more designated officers or
agents of the municipality and tabulated in advance of the meeting at which they are to
be considered by the council. Nothing herein shall prevent the council from advertising
separately for various portions of the work involved in an improvement, or from itself,
supplying by such means as may be otherwise authorized by law, all or any part of the
materials, supplies, or equipment to be used in the improvement or from combining two or
more improvements in a single set of plans and specifications or a single contract.

Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall identify in Minnesota Statutes the sections that contain
language requiring or authorizing a political subdivision to publish advertisements for
bids in the official newspaper that are inconsistent with Minnesota Statutes, section
331A.03. The revisor shall provide a report to the chairs and ranking minority members of
the senate and house of representatives legislative committees with primary jurisdiction
over local governments listing the sections identified. The report shall be submitted by
January 15, 2014.
new text end