SF 1792

3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; requiring that state 
  1.3             agency contracts for services be performed by United 
  1.4             States citizens or by individuals authorized to work 
  1.5             in the United States; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 16C. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [16C.075] [WORK PERFORMED UNDER SERVICE 
  1.9   CONTRACTS.] 
  1.10     (a) A contract for services entered into by an agency must 
  1.11  specify that services under the contract, or under any 
  1.12  subcontract awarded under the contract, may be performed only by:
  1.13     (1) a citizen of the United States; or 
  1.14     (2) an individual legally authorized to work in the United 
  1.15  States. 
  1.16     (b) This section applies both to a contract for 
  1.17  professional or technical services, as defined in section 
  1.18  16C.08, and to a contract for nonprofessional or nontechnical 
  1.19  services.  
  1.20     (c) For purposes of this section, "agency" includes the 
  1.21  Minnesota State Colleges and Universities, and an entity in the 
  1.22  legislative branch, in addition to entities defined in section 
  1.23  16C.02, subdivision 2. 
  1.24     (d) This section does not apply to: 
  1.25     (1) a contract for legal services entered into by the 
  1.26  attorney general; 
  2.1      (2) a contract entered into by the State Board of 
  2.2   Investment; 
  2.3      (3) a contract relating to the importation of prescription 
  2.4   drugs from another country; 
  2.5      (4) a contract with a business owned and operated in any 
  2.6   country that has signed the World Trade Organization Government 
  2.7   Procurement Agreement; or 
  2.8      (5) a contract determined by the commissioner to be 
  2.9   necessary to meet a compelling public interest. 
  2.10     "Compelling public interest" includes, but is not limited 
  2.11  to, the provision of essential services for public health and 
  2.12  safety and the provision of services that can only be performed 
  2.13  outside the United States.  The commissioner must report to the 
  2.14  chairs of the legislative committees with jurisdiction over 
  2.15  state government procurement policy and finance no later than 
  2.16  January 15 of each year regarding the specific uses of the 
  2.17  exemption to meet a compelling public interest. 
  2.18     (e) The commissioner may grant a waiver from the provisions 
  2.19  of paragraph (a) to a contractor or potential contractor that 
  2.20  demonstrates that all employees performing services under the 
  2.21  contract are, or will be: 
  2.22     (1) paid total compensation on an annualized basis, 
  2.23  including the cost of benefits listed in clauses (2) and (3), 
  2.24  that is at least 110 percent of the federal poverty level for a 
  2.25  family of four; 
  2.26     (2) provided with employer group health care coverage or 
  2.27  government-provided health care coverage; and 
  2.28     (3) provided with retirement benefits that include an 
  2.29  employer contribution. 
  2.30     The contractor or potential contractor must also 
  2.31  demonstrate that a comprehensive security assessment has been 
  2.32  conducted if the contractor retains personally identifiable 
  2.33  information on Minnesota residents. 
  2.34     Within 15 days of granting a waiver under this paragraph, 
  2.35  the commissioner must publish notice of the waiver and the 
  2.36  contract in the State Register.  The commissioner must make 
  3.1   information about the contract available for public review, 
  3.2   including a copy of the contract, the findings supporting the 
  3.3   waiver, and a description of where the work will be performed. 
  3.4      (f) The commissioner shall develop and implement policies, 
  3.5   procedures, or standards that address the consideration of the 
  3.6   use of workers in the state to perform services under state 
  3.7   contracts in making the best value determinations required by 
  3.8   this chapter. 
  3.9      Sec. 2.  [EFFECTIVE DATE.] 
  3.10     This act is effective the day following final enactment.  
  3.11  Section 1 applies to a contract entered into on or after that 
  3.12  date.