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HF 1196

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

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - 1st Engrossment

1.1A bill for an act
1.2relating to local government; authorizing publication of advertisements for
1.3competitive bids in a recognized industry trade journal; requiring a report;
1.4amending Minnesota Statutes 2012, sections 331A.01, by adding a subdivision;
1.5429.041, subdivision 1.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 331A.01, is amended by adding a
1.8subdivision to read:
1.9    Subd. 11. Recognized industry trade journal. "Recognized industry trade journal"
1.10means a printed or digital publication or Web site that contains building and construction
1.11news of interest to contractors in this state, or that publishes project advertisements and
1.12bids for review by contractors or other interested bidders in its regular course of business.

1.13    Sec. 2. Minnesota Statutes 2012, section 429.041, subdivision 1, is amended to read:
1.14    Subdivision 1. Plans and specifications, advertisement for bids. When the
1.15council determines to make any improvement, it shall let the contract for all or part of
1.16the work, or order all or part of the work done by day labor or otherwise as authorized
1.17by subdivision 2, no later than one year after the adoption of the resolution ordering
1.18such improvement, unless a different time limit is specifically stated in the resolution
1.19ordering the improvement. The council shall cause plans and specifications of the
1.20improvement to be made, or if previously made, to be modified, if necessary, and to be
1.21approved and filed with the clerk, and if the estimated cost exceeds the amount in section
1.22471.345, subdivision 3 , shall advertise for bids for the improvement in the newspaper and
1.23such other papers or recognized industry trade journal as defined in section 331A.01,
1.24subdivision 11, and for such length of time as it may deem advisable. If the estimated cost
2.1exceeds twice the amount in section 471.345, subdivision 3, publication shall be made no
2.2less than three weeks before the last day for submission of bids once in the newspaper and
2.3at least once in either a newspaper published in a city of the first class or a trade paper
2.4 recognized industry trade journal. To be eligible as such a trade paper, a publication shall
2.5have all the qualifications of a legal newspaper except that instead of the requirement
2.6that it shall contain general and local news, such trade paper shall contain building and
2.7construction news of interest to contractors in this state, among whom it shall have a
2.8general circulation. The advertisement shall specify the work to be done, shall state the
2.9time when the bids will be publicly opened for consideration by the council, which shall
2.10be not less than ten days after the first publication of the advertisement when the estimated
2.11cost is less than twice the amount in section 471.345, subdivision 3, and not less than three
2.12weeks after such publication in other cases, and shall state that no bids will be considered
2.13unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check,
2.14bid bond, or certified check payable to the clerk, for such percentage of the amount of the
2.15bid as the council may specify. In providing for the advertisement for bids the council
2.16may direct that the bids shall be opened publicly by two or more designated officers or
2.17agents of the municipality and tabulated in advance of the meeting at which they are to
2.18be considered by the council. Nothing herein shall prevent the council from advertising
2.19separately for various portions of the work involved in an improvement, or from itself,
2.20supplying by such means as may be otherwise authorized by law, all or any part of the
2.21materials, supplies, or equipment to be used in the improvement or from combining two or
2.22more improvements in a single set of plans and specifications or a single contract.

2.23    Sec. 3. REVISOR'S INSTRUCTION.
2.24The revisor of statutes shall identify in Minnesota Statutes the sections that contain
2.25language requiring or authorizing a political subdivision to publish advertisements for
2.26bids in the official newspaper that are inconsistent with Minnesota Statutes, section
2.27331A.03. The revisor shall provide a report to the chairs and ranking minority members of
2.28the senate and house of representatives legislative committees with primary jurisdiction
2.29over local governments listing the sections identified. The report shall be submitted by
2.30January 15, 2014.

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