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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 302-S.F.No. 3034 
                  An act relating to Hennepin county; authorizing 
                  certain contracting with a public or private 
                  cooperative purchasing organization subject to a 
                  condition; amending Minnesota Statutes 2000, section 
                  383B.217, subdivision 7. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 383B.217, 
        subdivision 7, is amended to read: 
           Subd. 7.  [PURCHASES AND MARKETING.] (a) Contracting and 
        purchasing made on behalf of the Hennepin county medical center 
        of goods, materials, supplies, equipment and contracted services 
        shall comply with sections 383B.141 to 383B.151. 
           (b) Notwithstanding chapter 13D, the county board on behalf 
        of the medical center may meet in closed session to discuss and 
        take action on specific products or services that are in direct 
        competition with other providers of goods or services in the 
        public or private sector, if disclosure of information 
        pertaining to those matters would clearly harm the competitive 
        position of the medical center. 
           (c) The medical center shall inform the county board when 
        there are matters that are appropriate for discussion or action 
        under paragraph (b).  The county administrator or the 
        administrator's designee shall give the board an opinion on the 
        propriety of discussion or action under paragraph (b) for each 
        of the matters.  The county board may, by a majority vote in a 
        public meeting, decide to hold a closed meeting under paragraph 
        (b).  The purpose, time, and place of the meeting must be 
        announced at a public meeting.  A written roll of members 
        present at a closed meeting must be made available to the public 
        after the closed meeting.  The proceedings of a closed meeting 
        must be tape recorded at the expense of the county board and be 
        preserved for not less than five years after the meeting.  The 
        data on the tape are nonpublic data under section 13.02, 
        subdivision 9, until two years after the meeting.  A contract 
        entered into by the county board at a meeting held on behalf of 
        the medical center is subject to section 471.345.  All bids and 
        any related materials that are considered at the meeting must be 
        retained for a period of not less than five years.  After the 
        expiration of the term of any contract entered into pursuant to 
        this subdivision or a period of two years, whichever is less, 
        the contract, the bids, and any related materials are public 
        data.  The contract, the bids, and any related materials are 
        subject to review by the state auditor at any time. 
           (d) Data concerning specific products or services that are 
        in direct competition with other providers of goods or services 
        in the public or private sector are trade secret information for 
        purposes of section 13.37, to the extent disclosure of 
        information pertaining to the matters would clearly harm the 
        competitive position of the medical center.  The data are trade 
        secret information for the term of the contract or a two-year 
        period, whichever is less.  
           (e) Notwithstanding section 471.345 or other applicable 
        law, the county board on behalf of the medical center, 
        ambulatory health center, or other clinics authorized under 
        section 383B.219, may contract with a private or public 
        cooperative purchasing organization, if it can be established 
        the purchasing organization's goods, materials, supplies, 
        equipment, or services that are purchased, rented, or leased, 
        have been awarded through a competitive or request for proposal 
        process. 
           (f) This subdivision applies to the medical center, 
        ambulatory health centers, or other clinics authorized under 
        section 383B.219, as well as any other organization, 
        association, partnership, or corporation authorized by Hennepin 
        county under section 144.581. 
           Presented to the governor March 26, 2002 
           Signed by the governor March 27, 2002, 3:38 p.m.