SF 637

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:14am

A bill for an act
relating to state procurement; veterans; designating businesses owned by disabled
veterans as targeted group businesses for purposes of awarding certain state
and metropolitan agency contracts; amending Minnesota Statutes 2008, section
16C.16, subdivision 5.

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

Section 1.

Minnesota Statutes 2008, section 16C.16, subdivision 5, is amended to read:

Subd. 5.

Designation of targeted groups.

(a) The commissioner of administration
shall periodically designate businesses that are majority owned and operated by women,
persons with a substantial physical disability, or specific minorities as targeted group
businesses within purchasing categories as determined by the commissioner. A group
may be targeted within a purchasing category if the commissioner determines there is a
statistical disparity between the percentage of purchasing from businesses owned by
group members and the representation of businesses owned by group members among all
businesses in the state in the purchasing category.

(b) In addition to designations under paragraph (a), an individual business may be
included as a targeted group business if the commissioner determines that inclusion is
necessary to remedy discrimination against the owner based on race, gender, or disability
in attempting to operate a business that would provide goods or services to public agencies.

(c) new text begin In addition to the designations under paragraphs (a) and (b), the commissioner of
administration shall designate a business that is majority owned and operated by a disabled
veteran as a targeted group business within purchasing categories as determined by the
commissioner. For the purposes of this paragraph, "disabled veteran" means a person who:
new text end

new text begin (1) is included within the meaning of section 197.447, including both currently
serving and honorably discharged members of the national guard and other military
reserves; and
new text end

new text begin (2) at the time of election to use a preference, is entitled to disability compensation
under laws administered by the Veterans Administration for a permanent service-connected
disability rated at 50 percent or more.
new text end

new text begin (d) new text end The designations of purchasing categories and businesses under paragraphs
(a) deleted text begin and (b) deleted text end new text begin through (c), new text end are not rules for purposes of chapter 14, and are not subject to
rulemaking procedures of that chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to
procurement contract bid solicitations issued on or after that date.
new text end