HF 1327

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to state government; requiring the 
  1.3             commissioner of employee relations to review certain 
  1.4             proposed contracts involving services to state 
  1.5             agencies; proposing coding for new law in Minnesota 
  1.6             Statutes, chapter 43A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [43A.016] [CONTRACT REVIEW.] 
  1.9      Subdivision 1.  [DEFINITION.] For purposes of this section, 
  1.10  "agency" means an executive branch state agency and the 
  1.11  Minnesota state colleges and universities system. 
  1.12     Subd. 2.  [DUTIES OF CONTRACTING AGENCY.] An agency that is 
  1.13  planning to enter into a contract with a private contractor for 
  1.14  performance of a service that is currently performed by state 
  1.15  employees must notify the commissioner of this plan as follows: 
  1.16     (1) by August 1 each year, the agency must notify the 
  1.17  commissioner of any contracts subject to this clause that the 
  1.18  agency intends to enter into in the next 12 months and must 
  1.19  describe the likely effect of the contracts on current state 
  1.20  employees; and 
  1.21     (2) at least 30 days before publishing notice of requests 
  1.22  for bids or proposals to enter into a contract subject to this 
  1.23  section, the agency must provide the commissioner with detailed 
  1.24  information about the proposed contract and its likely effect on 
  1.25  current state employees. 
  1.26     Subd. 3.  [COMMISSIONER REVIEW.] (a) The commissioner must 
  2.1   review the annual contracting plans of state agencies submitted 
  2.2   under subdivision 2, clause (1), and specific contracting plans 
  2.3   submitted under subdivision 2, clause (2).  The commissioner 
  2.4   shall report to the governor and the legislature on the extent 
  2.5   to which specific proposed contracts would comply with this 
  2.6   subdivision.  In making these recommendations, the commissioner 
  2.7   shall perform the functions in paragraphs (b) to (f). 
  2.8      (b) The commissioner shall compare the cost of performing 
  2.9   the service with a private contractor and the cost of performing 
  2.10  the service with state employees.  In considering the cost of 
  2.11  the private contractor, the commissioner shall consider the 
  2.12  state's costs to administer and monitor the contract and any 
  2.13  costs associated with the transition from state employee service 
  2.14  to a private contractor. 
  2.15     (c) The commissioner shall review the extent to which the 
  2.16  agency proposing to enter into the contract has provided current 
  2.17  state employees and their exclusive representatives an 
  2.18  opportunity to submit a bid on the work. 
  2.19     (d) The commissioner shall review the compensation paid to 
  2.20  state employees who currently perform the service that is the 
  2.21  subject of the contract and shall compare this to likely 
  2.22  employee compensation under potential service contracts. 
  2.23     (e) The commissioner shall review agency plans for 
  2.24  employees who may lose their jobs as a result of the contract, 
  2.25  including agency plans for transfer or retraining of employees 
  2.26  or plans for severance payments. 
  2.27     (f) The commissioner shall review audited financial 
  2.28  statements for the previous five years for potential contractors 
  2.29  or for each year the contractor has been in operation if fewer 
  2.30  than five years. 
  2.31     Subd. 4.  [INFORMATION.] An agency planning to enter into a 
  2.32  contract subject to this section shall provide the commissioner 
  2.33  with information that the commissioner requests, as needed to 
  2.34  conduct the evaluation and make recommendations required by this 
  2.35  section.