SF 1771

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2012 08:26am

A bill for an act
relating to job creation; amending state procurement policies; establishing the
Buy Minnesota Act; amending Minnesota Statutes 2010, sections 16C.06, by
adding a subdivision; 16C.08, by adding a subdivision; 16C.26, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 16C.

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

Section 1. new text begin TITLE.
new text end

new text begin Sections 1 to 5 may be referred to as the "Buy Minnesota Act."
new text end

Sec. 2.

Minnesota Statutes 2010, section 16C.06, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Tie bid preferences; limited application. new text end

new text begin Notwithstanding any other
law to the contrary, the commissioner shall take the location where the commodities to
be purchased are made, manufactured, or grown into consideration in bid specifications.
When feasible and when the price of commodities made, manufactured, or grown
in Minnesota by Minnesota-headquartered businesses does not exceed the price of
commodities made, manufactured, or grown outside of Minnesota by more than 1-1/2
percent, the commissioner, and state agencies when purchasing under delegated
authority, shall purchase commodities made, manufactured, or grown in Minnesota by
Minnesota-headquartered businesses. This subdivision applies only when a nonresident
vendor is from a state that does not give or require a preference to vendors from that state.
new text end

Sec. 3.

Minnesota Statutes 2010, section 16C.08, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Tie bid preferences. new text end

new text begin Notwithstanding any other law to the contrary, the
commissioner shall take the state of residence of a contractor into consideration in bid
specifications. When feasible and when the price of a contract utilizing the services of
a contractor residing in and doing business in Minnesota does not exceed the price of a
contract utilizing the services of a contractor from outside of Minnesota by more than 1-1/2
percent, the commissioner, and state agencies when purchasing under delegated authority,
shall award the contract to a contractor residing in and doing business in Minnesota.
new text end

Sec. 4.

Minnesota Statutes 2010, section 16C.26, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Tie bid preferences. new text end

new text begin Notwithstanding any other law to the contrary, the
commissioner shall take the location where commodities and supplies purchased for use in
a building or construction contract are made, manufactured, or grown into consideration
in bid specifications. When feasible and when the price of commodities and supplies
made, manufactured, or grown in Minnesota by Minnesota-headquartered businesses does
not exceed the price of commodities or supplies made, manufactured, or grown outside
of Minnesota, by more than 1-1/2 percent, the commissioner, and state agencies when
purchasing under delegated authority, shall purchase commodities and supplies made,
manufactured, or grown in Minnesota by Minnesota-headquartered businesses.
new text end

Sec. 5.

new text begin [16C.36] RESIDENT PREFERENCE POLICY.
new text end

new text begin The state, political subdivisions of the state, and the University of Minnesota are
encouraged to adopt and implement policies that provide a preference to Minnesota-based
vendors and contractors. The policies may provide a preference based on the status of
the primary contractor as a Minnesota-based business or based on the status of one or
more subcontractors of the primary contractor as a Minnesota-based business. Any rules
adopted pursuant to this section shall be consistent with federal statutes and regulations
and shall not apply to any contract financed in full or in part by federal funds.
new text end