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Minnesota Legislature

Office of the Revisor of Statutes

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

                             CHAPTER 9-H.F.No. 871 
                  An act relating to state government; authorizing 
                  participation of day training and habilitation 
                  services providers in state cooperative purchasing 
                  agreements; including certain rehabilitation 
                  facilities, extended employment providers, and day 
                  training and habilitation services providers in the 
                  state agency acquisition process; amending Minnesota 
                  Statutes 2004, sections 16C.10, subdivision 5; 471.59, 
                  subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 16C.10, 
        subdivision 5, is amended to read: 
           Subd. 5.  [SPECIFIC PURCHASES.] The solicitation process 
        described in this chapter is not required for acquisition of the 
        following: 
           (1) merchandise for resale purchased under policies 
        determined by the commissioner; 
           (2) farm and garden products which, as determined by the 
        commissioner, may be purchased at the prevailing market price on 
        the date of sale; 
           (3) goods and services from the Minnesota correctional 
        facilities; 
           (4) goods and services from rehabilitation facilities and 
        extended employment providers that are certified by the 
        commissioner of employment and economic development, and day 
        training and habilitation services licensed under sections 
        245B.01 to 245B.08; 
           (5) goods and services for use by a community-based 
        facility operated by the commissioner of human services; 
           (6) goods purchased at auction or when submitting a sealed 
        bid at auction provided that before authorizing such an action, 
        the commissioner consult with the requesting agency to determine 
        a fair and reasonable value for the goods considering factors 
        including, but not limited to, costs associated with submitting 
        a bid, travel, transportation, and storage.  This fair and 
        reasonable value must represent the limit of the state's bid; 
        and 
           (7) utility services where no competition exists or where 
        rates are fixed by law or ordinance. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 2.  Minnesota Statutes 2004, section 471.59, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AGREEMENT.] Two or more governmental 
        units, by agreement entered into through action of their 
        governing bodies, may jointly or cooperatively exercise any 
        power common to the contracting parties or any similar powers, 
        including those which are the same except for the territorial 
        limits within which they may be exercised.  The agreement may 
        provide for the exercise of such powers by one or more of the 
        participating governmental units on behalf of the other 
        participating units.  The term "governmental unit" as used in 
        this section includes every city, county, town, school district, 
        other political subdivision of this or another state, another 
        state, the University of Minnesota, nonprofit hospitals licensed 
        under sections 144.50 to 144.56, rehabilitation facilities and 
        extended employment providers that are certified by the 
        commissioner of employment and economic development, day 
        training and habilitation services licensed under sections 
        245B.01 to 245B.08, and any agency of the state of Minnesota or 
        the United States, and includes any instrumentality of a 
        governmental unit.  For the purpose of this section, an 
        instrumentality of a governmental unit means an instrumentality 
        having independent policy making and appropriating authority. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Presented to the governor March 10, 2005 
           Signed by the governor March 14, 2005, 2:45 p.m.