Minnesota Session Laws - 2001, Regular Session

                            CHAPTER 33-S.F.No. 1435 
                  An act relating to state government; modifying 
                  provisions relating to the designer selection board; 
                  amending Minnesota Statutes 2000, section 16B.33, 
                  subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 16B.33, 
        subdivision 4, is amended to read: 
           Subd. 4.  [DESIGNER SELECTION PROCESS.] (a)  [PUBLICITY.] 
        Upon receipt of a request from a user agency for a primary 
        designer, the board shall publicize the proposed project in 
        order to determine the identity of designers interested in the 
        design work on the project.  The board shall establish criteria 
        for the selection process and make this information public, and 
        shall compile data on and conduct interviews of designers.  The 
        board's selection criteria must include consideration of each 
        interested designer's performance on previous projects for the 
        state or any other person.  Upon completing the process, the 
        board shall select the primary designer and shall state its 
        reasons in writing.  Notification to the commissioner of the 
        selection shall be made not more than 60 days after receipt from 
        a user agency of a request for a primary designer.  The 
        commissioner shall promptly notify the designer and the user 
        agency.  The commissioner shall negotiate the designer's fee and 
        prepare the contract to be entered into between the designer and 
        the user agency.  
           (b)  [CONFLICT OF INTEREST.] The board may not select a 
        designer or firm in which a member of the designer selection 
        board has a current financial interest.  A board member may not 
        participate in the review, discussion, or selection of a 
        designer or firm in which the member has a financial interest. 
           (c)  [SELECTION BY COMMISSIONER.] In the event the board 
        receives a request for a primary designer on a project, the 
        estimated cost of which is less than the limit established by 
        subdivision 3, or a planning project with estimated fees of less 
        than the limit established by subdivision 3, the board may 
        submit the request to the commissioner of administration, with 
        or without recommendations, and the commissioner shall thereupon 
        select the primary designer for the project.  
           (d)  [SECOND SELECTION.] If the designer selected for a 
        project declines the appointment or is unable to reach agreement 
        with the commissioner on the fee or the terms of the contract, 
        the commissioner shall, within 60 days after the first 
        appointment, request the board to make another selection.  
           (e)  [SIXTY DAYS TO SELECT.] If the board fails to make a 
        selection and forward its recommendation to the commissioner 
        within 60 days of the user agency's request for a designer, the 
        commissioner may appoint a designer to the project without the 
        recommendation of the board.  
           (f)  [LESS THAN SATISFACTORY PERFORMANCE.] The 
        commissioner, or the University of Minnesota and the Minnesota 
        state colleges and universities for projects under their 
        supervision, shall forward to the board a written report 
        describing each instance in which the performance of a designer 
        selected by the board or the commissioner has been less than 
        satisfactory.  Criteria for determining satisfaction include the 
        ability of the designer to complete design work on time, to 
        provide a design responsive to program needs within the 
        constraints of the budget, to solve design problems and achieve 
        a design consistent with the proposed function of the building, 
        to avoid costly design errors or omissions, and to observe the 
        construction work.  These reports are public data and are 
        available for inspection under section 13.03. 
           Presented to the governor April 20, 2001 
           Signed by the governor April 24, 2001, 10:01 a.m.