1.1 	A bill for an act
1.2 	relating to state government; revising procedures for public purchasing from 
1.3 	corrections industries;amending Minnesota Statutes 2010, sections 16B.181, 
1.4 	subdivision 2; 16B.335, subdivision 3; 16C.10, subdivision 5.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2010, section 16B.181, subdivision 2, is amended to read:
1.7 		Subd. 2.Public entities; purchases from corrections industries. (a) The 
1.8 	commissioner of corrections, in consultation with the commissioner of administration, 
1.9 	shall prepare updated lists of the items available for purchase from Department of 
1.10 	Corrections industries and annually forward a copy of the most recent list to all public 
1.11 	entities within the state. A public entity that is supported in whole or in part with funds 
1.12 	from the state treasury may purchase items directly from corrections industries. The bid 
1.13 	solicitation process is not required for these purchases.
1.14 	(b) The commissioner of administration shall develop a contract or contracts 
1.15 	to enable public entities to purchase items directly from corrections industries. The 
1.16 	commissioner of administration shall require that all requests for bids or proposals, for 
1.17 	items provided by corrections industries, be forwarded to the commissioner of corrections 
1.18 	to enable corrections industries to submit bids. The commissioner of corrections shall 
1.19 	consult with the commissioner of administration prior to introducing new products to 
1.20 	the state agency market.
1.21 	(c) No public entity may evade the intent of this section by adopting slight variations 
1.22 	in specifications, when Minnesota corrections industry items meet the reasonable needs 
1.23 	and specifications of the public entity.

2.1 	Sec. 2. Minnesota Statutes 2010, section 16B.335, subdivision 3, is amended to read:
2.2 		Subd. 3.Predesign requirement. The definitions in paragraphs (a) and (b) apply 
2.3 	to this section.
2.4 	(a) "Predesign" means the stage in the development of a project during which the 
2.5 	purpose, scope, cost, and schedule of the complete project are defined and instructions to 
2.6 	design professionals are produced.
2.7 	(b) "Design" means the stage in the development of a project during which 
2.8 	schematic, design development, and contract documents are produced.
2.9 	(c) A recipient to whom an appropriation is made for a project subject to review 
2.10 	under subdivision 1 or notice under subdivision 2 shall prepare a predesign package and 
2.11 	submit it to the commissioner for review and recommendation before proceeding with 
2.12 	design activities. The commissioner must complete the review and recommendation within 
2.13 	ten working days after receiving it. Failure to review and recommend within the ten days 
2.14 	is considered a positive recommendation. The predesign package must be sufficient to 
2.15 	define the purpose, scope, cost, and schedule of the project and must demonstrate that the 
2.16 	project has been analyzed according to appropriate space needs standards. All predesign, 
2.17 	design, and construction projects shall include consideration of the state of Minnesota's 
2.18 	correctional industries program, MINNCOR Industries, consistent with section 16B.181, 
2.19 	subdivision 2, paragraph (c), in predesign planning and product specifications.
2.20 	(d) This subdivision does not apply to capital projects for park buildings owned by a 
2.21 	local government unit in the metropolitan area defined in section 473.121, subdivision 2.

2.22 	Sec. 3. Minnesota Statutes 2010, section 16C.10, subdivision 5, is amended to read:
2.23 		Subd. 5.Specific purchases. The solicitation process described in this chapter is 
2.24 	not required for acquisition of the following:
2.25 	(1) merchandise for resale purchased under policies determined by the commissioner;
2.26 	(2) farm and garden products which, as determined by the commissioner, may be 
2.27 	purchased at the prevailing market price on the date of sale;
2.28 	(3) goods and services from the Minnesota correctional facilities;
2.29 	(4) (3) goods and services from rehabilitation facilities and extended employment 
2.30 	providers that are certified by the commissioner of employment and economic 
2.31 	development, and day training and habilitation services licensed under sections 245B.01 
2.32 	to 245B.08;
2.33 	(5) (4) goods and services for use by a community-based facility operated by the 
2.34 	commissioner of human services;
3.1 	(6) (5) goods purchased at auction or when submitting a sealed bid at auction 
3.2 	provided that before authorizing such an action, the commissioner consult with the 
3.3 	requesting agency to determine a fair and reasonable value for the goods considering 
3.4 	factors including, but not limited to, costs associated with submitting a bid, travel, 
3.5 	transportation, and storage. This fair and reasonable value must represent the limit of 
3.6 	the state's bid;
3.7 	(7) (6) utility services where no competition exists or where rates are fixed by law or 
3.8 	ordinance; and
3.9 	(8) (7) goods and services from Minnesota sex offender program facilities.