SF 861

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:16am

A bill for an act
relating to state government; authorizing preferences in state procurement for
veteran-owned small businesses and disabled veteran-owned small businesses;
amending Minnesota Statutes 2008, sections 16C.16, by adding a subdivision;
16C.19.

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

Section 1.

Minnesota Statutes 2008, section 16C.16, is amended by adding a
subdivision to read:

new text begin Subd. 6a. new text end

new text begin Veteran-owned businesses. new text end

new text begin (a) The commissioner shall award a six
percent preference in the amount bid on state procurement to certified small businesses
that are majority-owned and operated:
new text end

new text begin (1) by veterans, as indicated by the person's United States Department of Defense
form DD-214 or by the commissioner of veterans affairs; and
new text end

new text begin (2) by veterans having service-connected disabilities, as determined at any time by
the United States Department of Veterans Affairs.
new text end

new text begin (b) The purpose of this designation is to facilitate the transition of veterans from
military to civilian life, and to help compensate veterans for their sacrifices, including but
not limited to their sacrifice of time, to the state and nation during their military service, as
well as to enhance economic development within Minnesota.
new text end

new text begin (c) For purposes of this section and section 16C.19, the following terms have the
meanings given them:
new text end

new text begin (1) "veteran" has the meaning given in section 197.447;
new text end

new text begin (2) "service-connected disability" has the meaning given in United States Code, title
38, section 101(16), as determined by the United States Department of Veterans Affairs.
new text end

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 and after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 16C.19, is amended to read:

16C.19 ELIGIBILITY; RULES.

(a) A small business wishing to participate in the programs under section 16C.16,
subdivisions 4 to 7, must be certified by the commissioner. The commissioner shall adopt
by rule standards and procedures for certifying that small businesses, small targeted group
businesses, and small businesses located in economically disadvantaged areas are eligible
to participate under the requirements of sections 16C.16 to 16C.21. The commissioner
shall adopt by rule standards and procedures for hearing appeals and grievances and other
rules necessary to carry out the duties set forth in sections 16C.16 to 16C.21.

(b) The commissioner may make rules which exclude or limit the participation of
nonmanufacturing business, including third-party lessors, brokers, franchises, jobbers,
manufacturers' representatives, and others from eligibility under sections 16C.16 to
16C.21.

(c) The commissioner may make rules that set time limits and other eligibility limits
on business participation in programs under sections 16C.16 to 16C.21.

new text begin (d) Notwithstanding paragraphs (b) and (c), for purposes of sections 16C.16 to
16C.21, a veteran-owned small business or disabled veteran-owned small business, the
principal place of business of which is in Minnesota, is certified if it has been verified by
the United States Department of Veterans Affairs as being a veteran-owned small business
or disabled veteran-owned small business in accordance with Public Law 109-461 and
Code of Federal Regulations, title 38, part 74.
new text end

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 and after that date.
new text end