SF 5

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; extending the coverage 
  1.3             of certain requirements and prohibitions to cover the 
  1.4             legislative branch; amending Minnesota Statutes 1994, 
  1.5             sections 15.054; and 15.0597, subdivision 1; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [3.1965] [PURCHASING PRACTICES.] 
  1.9      The legislature and legislative committees, commissions, 
  1.10  and task forces shall follow the procedures and policies 
  1.11  governing purchases, leases, rentals, and contracts for services 
  1.12  that are set out in sections 16A.124, 16B.07 to 16B.103, and 
  1.13  16B.19 to 16B.22, except that the legislature is not subject to 
  1.14  the authority of, nor to rules adopted by, the commissioners of 
  1.15  finance and administration and need not submit the report 
  1.16  required by section 16A.124, subdivision 7. 
  1.17     Sec. 2.  Minnesota Statutes 1994, section 15.054, is 
  1.18  amended to read: 
  1.19     15.054 [PUBLIC EMPLOYEES NOT TO PURCHASE MERCHANDISE FROM 
  1.20  GOVERNMENTAL AGENCIES; EXCEPTIONS; PENALTY.] 
  1.21     No officer or employee of the state, including an officer 
  1.22  or employee in the legislative or judicial branch, or any of its 
  1.23  political subdivisions shall may sell or procure for sale or 
  1.24  possess or control for sale to any other officer or employee of 
  1.25  the state or the subdivision, as appropriate, any property or 
  1.26  materials owned by the state or subdivision except pursuant to 
  2.1   under conditions provided in this section.  Property or 
  2.2   materials owned by the state or a subdivision, except real 
  2.3   property, and not needed for public purposes, may be sold to an 
  2.4   employee of the state or the subdivision after reasonable public 
  2.5   notice at public auction or by sealed bid if the employee is the 
  2.6   highest responsible bidder and is not directly involved in the 
  2.7   auction or sealed bid process.  Requirements for reasonable 
  2.8   public notice may be prescribed by other law or ordinance so 
  2.9   long as at least one week's published or posted notice is 
  2.10  specified.  A state employee may purchase no more than one motor 
  2.11  vehicle from the state in any 12-month period.  A person 
  2.12  violating the provisions of this section is guilty of a 
  2.13  misdemeanor.  This section shall does not apply to the sale of 
  2.14  property or materials acquired or produced by the state or 
  2.15  subdivision for sale to the general public in the ordinary 
  2.16  course of business.  Nothing in this section shall prohibit 
  2.17  prohibits an employee of the state or a political subdivision 
  2.18  from selling or possessing for sale public property if the sale 
  2.19  or possession for sale is in the normal course of the employee's 
  2.20  duties. 
  2.21     Sec. 3.  Minnesota Statutes 1994, section 15.0597, 
  2.22  subdivision 1, is amended to read: 
  2.23     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  2.24  following terms shall have the meanings given them. 
  2.25     (a) "Agency" means (1) a state board, commission, council, 
  2.26  committee, authority, task force, including an advisory task 
  2.27  force created under section 15.014 or 15.0593, a group created 
  2.28  by executive order of the governor, or other similar multimember 
  2.29  agency created by law and having statewide jurisdiction; and (2) 
  2.30  the metropolitan council, metropolitan agency, capitol area 
  2.31  architectural and planning board, and any agency with a regional 
  2.32  jurisdiction created in this state pursuant to an interstate 
  2.33  compact.  "Agency" also means a legislative task force or other 
  2.34  multimember body that includes in its membership both members 
  2.35  and nonmembers of the legislature, except that the requirements 
  2.36  of this section govern only the appointment of nonmembers of the 
  3.1   legislature.  
  3.2      (b) "Vacancy" or "vacant agency position" means (1) a 
  3.3   vacancy in an existing agency, or (2) a new, unfilled agency 
  3.4   position.  Vacancy includes a position that is to be filled 
  3.5   through appointment of a nonlegislator by a legislator or group 
  3.6   of legislators; vacancy does not mean (1) a vacant position on 
  3.7   an agency composed exclusively of persons employed by a 
  3.8   political subdivision or another agency, or (2) a vacancy to be 
  3.9   filled by a person required to have a specific title or position.
  3.10     (c) "Secretary" means the secretary of state.