reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.4821 — Provision Of Materials And Services To Mnscu.

16B.4821 PROVISION OF MATERIALS AND SERVICES TO MNSCU.
Subdivision 1.
Materials and services available.
Notwithstanding any law to the contrary, the Minnesota State Colleges and Universities may request from the commissioner of administration any services and materials available to any state agency under this chapter, including but not limited to purchasing, contracting, leasing, energy conservation, communications systems, construction, and all other programs and contracts administered by the Department of Administration, whether administered directly or indirectly by contract or otherwise. The commissioner of administration shall make reasonable efforts to comply with any such request. The chancellor of the Minnesota State Colleges and Universities and the commissioner of administration shall cooperate to identify services and materials available to state agencies from the Department of Administration.
Subd. 2.
Status requested by chancellor.
The Minnesota State Colleges and Universities shall be a state agency where being a state agency is a prerequisite to obtaining or participating in any services, materials acquisition, or programs under this chapter which are requested by the chancellor.
Subd. 3.
Notification.
The Minnesota State Colleges and Universities shall be a state agency for purposes of being included on any state agency's list to receive notices and information appropriate to the purposes of the Minnesota State Colleges and Universities.
History:
1996 c 398 s 17
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.485 — Interfund Loans.

16B.485 INTERFUND LOANS.
The commissioner may, with the approval of the commissioner of management and budget, make loans from an internal service or enterprise fund to another internal service or enterprise fund, and the amount necessary is appropriated from the fund that makes the loan. The commissioner shall report the amount and purpose of the loan to the chair of the committee or division in the senate and house of representatives with primary jurisdiction over the budget of the Department of Administration. The term of a loan made under this section must be not more than 24 months.
History:
1995 c 254 art 1 s 59; 2000 c 488 art 12 s 16; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.49 — Central Mailing System.

16B.49 CENTRAL MAILING SYSTEM.
(a) The commissioner shall maintain and operate for state agencies, departments, institutions, and offices a central mail handling unit. Official, outgoing mail for units in St. Paul must be delivered unstamped to the unit. The unit shall also operate an interoffice mail distribution system. The department may add personnel and acquire equipment that may be necessary to operate the unit efficiently and cost-effectively. Account must be kept of the postage required on that mail, which is then a proper charge against the agency delivering the mail. To provide funds for the payment of postage, each agency shall make advance payments to the commissioner sufficient to cover its postage obligations for at least 60 days. For purposes of this section, the Minnesota State Colleges and Universities is a state agency.
(b) Notwithstanding paragraph (a) or section 16C.09, the commissioner may approve the performance of mail-related functions by an agency outside the state's central mail-handling unit if the agency demonstrates it furthers program effectiveness, better use of services, greater efficiency, or greater economy in state government.
History:
1984 c 544 s 54; 1994 c 634 art 1 s 13; 1996 c 398 s 18; 1997 c 206 s 4; 1Sp2005 c 6 art 3 s 2
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.495 — Hazard Identification And Accident Prevention.

16B.495 HAZARD IDENTIFICATION AND ACCIDENT PREVENTION.
(a) The commissioner must operate a program of occupational hazard identification and accident prevention for state agencies and state employees, and shall provide the staff, equipment, and facilities needed for the program. The program must be offered to all state agencies through the agency safety contact or other designee; is consultative in nature; and must assist state agencies with the goal of providing a safe work environment, safe work methods, and hazard identification.
(b) The commissioner must cooperate with the Department of Labor and Industry and the Department of Health, as well as other private and public community agencies, to assist in the objective of hazard identification and accident prevention.
History:
1997 c 97 s 5; 2008 c 204 s 10,42
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.51 — Agency Reports.

16B.51 AGENCY REPORTS.
Subdivision 1.
Supervision by commissioner.
The commissioner shall supervise and control the making and distribution of all reports and other publications of all kinds issued by the state and state agencies when not otherwise prescribed by law. The commissioner shall also prescribe the manner and form of issuing reports required by sections 8.08; 16A.50; 35.03; 129D.02, subdivision 5; 256.01; and 299C.18.
Subd. 2.
Prescribe fees.
The commissioner may prescribe fees to be charged for services rendered by the state or an agency in furnishing to those who request them certified copies of records or other documents, certifying that records or documents do not exist and furnishing other reports, publications, data, or related material which is requested. The fees, unless otherwise prescribed by law, may be fixed at the market rate. The commissioner of management and budget is authorized to approve the prescribed rates for the purpose of assuring that they, in total, will result in receipts greater than costs in the fund. Fees prescribed under this subdivision are deposited in the state treasury by the collecting agency and credited to the general services revolving fund. Nothing in this subdivision permits the commissioner of administration to furnish any service which is now prohibited or unauthorized by law.
Subd. 3.
Sale of publications.
The commissioner may sell official reports, documents, data, and publications of all kinds, may delegate their sale to state agencies, and may establish facilities for their sale within the Department of Administration and elsewhere within the state service. The commissioner may remit a portion of the price of any publication or data to the agency producing the publication or data. Money that is remitted to an agency is annually appropriated to that agency to discharge the costs of preparing the publications or data.
Subd. 4.
Exceptions.
This section does not apply to the Regents of the University of Minnesota or to the State Agricultural Society.
Subd. 5.
Limitations on subject matter prohibited.
The commissioner may not adopt rules to prescribe the fees permitted by subdivision 2 or which limit in any way the subject matter of a report or publication which the law requires or authorizes an agency to produce.
History:
1984 c 544 s 56; 1984 c 654 art 2 s 45,46; 1984 c 655 art 2 s 13 subd 1; 1987 c 365 s 14; 1987 c 394 s 1; 1994 c 634 art 1 s 14,15; 1998 c 254 art 1 s 6; 2009 c 101 art 2 s 109; 2014 c 227 art 2 s 2
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.53 — Sale Of Laws And Resolutions.

16B.53 SALE OF LAWS AND RESOLUTIONS.
Subdivision 1.
Authority.
The commissioner shall provide for the sale and distribution of copies of laws and resolutions on file in the Office of the Secretary of State in accordance with this section. The secretary of state shall cooperate with the commissioner in furnishing the services provided for in this section.
Subd. 2.
Charges.
The commissioner shall establish charges for those laws and resolutions sufficient to cover their cost. Fees established for the sale and distribution of laws and resolutions, including mailing and postage charges, may be accepted by the commissioner in advance, and any unused portions amounting to $1 or more may be returned to the person entitled to them upon request, notwithstanding the provision of any other law prohibiting refunds.
Subd. 3.
Revolving fund.
Money collected by the commissioner under this section must be deposited in the general services revolving fund in the state treasury. Money in that fund is annually appropriated to the commissioner for the purposes of carrying out this section.
History:
1984 c 480 s 15; 1984 c 544 s 58; 1984 c 655 art 2 s 13 subd 1; 1990 c 426 art 1 s 9
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.531 — Travel Services.

16B.531 TRAVEL SERVICES.
The commissioner may offer a centralized travel service to all state departments and agencies, and to the Minnesota State Colleges and Universities, and may, in connection with that service, accept payments from travel agencies under contracts for the provision of travel services. The payments must be deposited in the motor pool revolving account established by section 16B.54, subdivision 8, and must be used for the expenses of managing the centralized travel service. Revenues in excess of the management costs of the centralized service must be returned to the general fund.
History:
1987 c 365 s 15; 1996 c 398 s 19
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.55 — Use Of State Vehicles; Compensation For Use Of Personal Vehicles.

16B.55 USE OF STATE VEHICLES; COMPENSATION FOR USE OF PERSONAL VEHICLES.
Subdivision 1.
Definition.
For purposes of this section, "state vehicle" means a vehicle owned or leased by the state or loaned to the state.
Subd. 2.
Prohibited uses.
A state vehicle may be used only for authorized state business. A state vehicle may not be used for transportation to or from the residence of a state employee, except as provided in subdivision 3.
Subd. 3.
Permitted uses.
A state vehicle may be used by a state employee to travel to or from the employee's residence:
(1) on a day on which it may be necessary for the employee to respond to a work-related emergency during hours when the employee is not normally working;
(2) if the employee has been assigned the use of a state vehicle for authorized state business on an extended basis, and the employee's primary place of work is not the state work station to which the employee is permanently assigned;
(3) if the employee has been assigned the use of a state vehicle for authorized state business away from the work station to which the employee is permanently assigned, and the number of miles traveled, or the time needed to conduct the business, will be minimized if the employee uses a state vehicle to travel to the employee's residence before or after traveling to the place of state business; or
(4) if the employee is authorized to participate in a ride-sharing program established by the commissioner pursuant to section 174.257.
Use of a state vehicle under this subdivision requires the prior approval of the agency head or the designee of the agency head.
Subd. 4.
Personal vehicles.
No state employee shall be compensated by the state for use of a personal vehicle for travel between the employee's residence and the state work station to which the employee is permanently assigned, except pursuant to a collective bargaining agreement negotiated under chapter 179A or a compensation plan adopted by the commissioner of management and budget under section 43A.05. A collective bargaining agreement or compensation plan may only provide for this compensation in cases in which an employee is called back to work during hours when the employee is not normally working.
Subd. 5.
Exclusions.
Subdivisions 2 to 4 do not apply to the van pooling program established in section 16B.56, to a ride-sharing program established by the Department of Transportation, to a trooper employed by the State Patrol, or to use of a state vehicle by the governor or lieutenant governor.
Subd. 6.
Vehicle operating procedures.
The commissioner shall set operating procedures for use of state vehicles. These operating procedures are not subject to the Administrative Procedure Act.
History:
1984 c 544 s 60; 1986 c 444; 1988 c 613 s 14,15; 2001 c 7 s 9; 2008 c 204 s 42; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.57 — Gasoline And Petroleum Products, Source Of Supply For Agencies.

16B.57 GASOLINE AND PETROLEUM PRODUCTS, SOURCE OF SUPPLY FOR AGENCIES.
Subdivision 1.
Petroleum products facilities.
The commissioner may require a state agency which has facilities for the storage and distribution of gasoline and other petroleum products to furnish gasoline and other petroleum products to any other state agency and shall require payment to compensate for the cost of those products. The commissioner shall prescribe all procedures for the guidance of state agencies in carrying out the requirements of this section.
Subd. 2.
Appropriation.
Money paid by one state agency to another to compensate for the cost of products furnished under subdivision 1 is annually appropriated to the state agency which furnishes those products.
History:
1984 c 544 s 62
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.581 — Distinctive Tax-exempt License Plates.

16B.581 DISTINCTIVE TAX-EXEMPT LICENSE PLATES.
Vehicles owned or leased by the state of Minnesota must display distinctive tax-exempt license plates unless otherwise exempted under section 168.012. The commissioner shall design these distinctive plates subject to the approval of the registrar. An administrative fee of $20 and a license plate fee of $10 for two plates per vehicle or a license plate fee of $5 for one plate per trailer is paid at the time of registration. The license plate registration is valid for the life of the vehicle or until the vehicle is no longer owned or leased by the state of Minnesota.
When the state of Minnesota applies for distinctive tax-exempt plates on vehicles previously owned by local units of government, it shall pay an administrative fee of $10 and a plate fee that covers the cost of replacement.
History:
1994 c 634 art 1 s 16
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.86 — State Building Energy Conservation Improvement Revolving Loan Account.

16B.86 STATE BUILDING ENERGY CONSERVATION IMPROVEMENT REVOLVING LOAN ACCOUNT.
Subdivision 1.
Definitions.
(a) For purposes of this section and section 16B.87, the following terms have the meanings given.
(b) "Energy conservation" has the meaning given in section 216B.2402, subdivision 5.
(c) "Energy conservation improvement" has the meaning given in section 216B.2402, subdivision 6.
(d) "Energy efficiency" has the meaning given in section 216B.2402, subdivision 7.
(e) "Project" means the energy conservation improvements financed by a loan made under this section.
(f) "State building" means an existing building owned by the state of Minnesota.
Subd. 2.
Account established.
The state building energy conservation improvement revolving loan account is established as a separate account in the state treasury. The commissioner shall manage the account and shall credit to the account investment income, repayments of principal and interest, and any other earnings arising from assets of the account. Money in the account is appropriated to the commissioner of administration to make loans to state agencies to implement energy conservation and energy efficiency improvements in state buildings under section 16B.87.
History:
1987 c 365 s 16; 1Sp2021 c 4 art 8 s 1; 2022 c 55 art 1 s 11
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.87 — Award And Repayment Of State Building Energy Improvement Conservation Loans.

16B.87 AWARD AND REPAYMENT OF STATE BUILDING ENERGY IMPROVEMENT CONSERVATION LOANS.
Subdivision 1.
Committee.
The State Building Energy Conservation Improvement Loan Committee consists of the commissioners of administration, management and budget, and commerce. The commissioner of administration serves as chair of the committee. The members serve without compensation or reimbursement for expenses.
Subd. 2.
Award and terms of loans.
(a) An agency shall apply for a loan on a form developed by the commissioner of administration that requires an applicant to submit the following information:
(1) a description of the proposed project, including existing equipment, structural elements, operating characteristics, and other conditions affecting energy use that the energy conservation improvements financed by the loan modify or replace;
(2) the total estimated project cost and the loan amount sought;
(3) a detailed project budget;
(4) projections of the proposed project's expected energy and monetary savings;
(5) information demonstrating the agency's ability to repay the loan;
(6) a description of the energy conservation programs offered by the utility providing service to the state building from which the applicant seeks additional funding for the project; and
(7) any additional information requested by the commissioner.
(b) The committee shall review applications for loans and shall award a loan based upon criteria adopted by the committee. A loan made under this section must:
(1) be at or below the market rate of interest, including a zero interest loan; and
(2) have a term no longer than ten years.
(c) In making awards, the committee shall give preference to:
(1) applicants that have sought funding for the project through energy conservation projects offered by the utility serving the state building that is the subject of the application; and
(2) to the extent feasible, applications for state buildings located within the electric retail service area of the utility that is subject to section 116C.779.
Subd. 3.
Repayment.
An agency receiving a loan under this section shall repay the loan according to the terms of the loan agreement. The principal and interest must be paid to the commissioner of administration, who shall deposit it in the state building energy conservation improvement revolving loan account. Payments of loan principal and interest must begin no later than one year after the project is completed.
Subd. 4.
[Repealed, 1997 c 7 art 2 s 67]
History:
1987 c 365 s 17; 2008 c 204 s 6; 2009 c 101 art 2 s 109; 1Sp2021 c 4 art 8 s 2; 2023 c 62 art 2 s 75
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.875 — Review By Commissioner Of Administration.

16B.875 REVIEW BY COMMISSIONER OF ADMINISTRATION.
The commissioner of administration shall review on a regular basis the duties and responsibilities of the various state departments, agencies and boards which have an operational effect upon the safety of the public, and recommend to the governor and the legislature such organizational and statutory policies as will best serve the purposes of Laws 1969, chapter 1129.
History:
1969 c 1129 art 1 s 1; 1976 c 5 s 1; 1977 c 305 s 35,36; 1981 c 356 s 248; 1982 c 424 s 130; 1983 c 289 s 115 subd 1; 1985 c 248 s 70; 1Sp1985 c 10 s 87; 1987 c 312 art 1 s 26 subd 2; 1993 c 163 art 1 s 29; 1995 c 248 art 11 s 21; 1998 c 366 s 68; 1999 c 238 art 2 s 69
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16B — Department Of Administration › Section 16B.991 — Termination Of Grant.

16B.991 TERMINATION OF GRANT.
Subdivision 1.
Criminal conviction.
Each grant agreement subject to sections 16B.97 and 16B.98 must provide that the agreement will immediately be terminated if the recipient is convicted of a criminal offense relating to a state grant agreement.
Subd. 2.
Authority.
A grant agreement must by its terms permit the commissioner to unilaterally terminate the grant agreement prior to completion if the commissioner determines that further performance under the grant agreement would not serve agency purposes or is not in the best interests of the state.
History:
1Sp2017 c 4 art 2 s 23; 2023 c 62 art 7 s 12
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.001 — Commissioner's Authority; Scope.

16C.001 COMMISSIONER'S AUTHORITY; SCOPE.
The commissioner's authority in this section applies to an agency and is subject to other provisions of this chapter and chapter 16B. Unless otherwise provided, the provisions in this chapter and chapter 16B do not apply to the Minnesota State Colleges and Universities.
History:
1998 c 386 art 1 s 4; 2009 c 101 art 2 s 109; 2014 c 196 art 2 s 15
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.04 — Ethical Practices And Conflict Of Interest.

16C.04 ETHICAL PRACTICES AND CONFLICT OF INTEREST.
Subdivision 1.
Duty.
An employee of the executive branch involved directly or indirectly in the acquisition or grants process, at any level, is subject to the code of ethics in section 43A.38.
Subd. 2.
Conflict of interest policy development.
(a) The commissioner must develop policies regarding code of ethics and conflict of interest designed to prevent conflicts of interest for employees involved in the acquisition of goods, services, construction, and utilities or the award and administration of grant contracts. The policies must apply to employees who are directly or indirectly involved in the acquisition of goods, services, and utilities, developing requests for proposals, evaluating bids or proposals, awarding the contract, selecting the final vendor, drafting and entering into contracts, evaluating performance under these contracts, and authorizing payments under the contract.
(b) The policies must contain a process for making employees aware of policy and laws relating to conflict of interest, and for training employees on how to avoid and deal with potential conflicts.
(c) The policies must contain a process under which an employee who has a conflict of interest or a potential conflict of interest must disclose the matter, and a process under which work on the contract may be assigned to another employee if possible.
Subd. 3.
Organizational conflicts of interest.
(a) The commissioner shall make reasonable efforts to avoid, mitigate, or neutralize organizational conflicts of interest. To avoid an organizational conflict of interest, the commissioner may utilize methods including disqualifying a vendor from eligibility for a contract award or canceling the contract if the conflict is discovered after a contract has been issued. To mitigate or neutralize a conflict, the commissioner may use methods such as revising the scope of work to be conducted, allowing vendors to propose the exclusion of task areas that create a conflict, or providing information to all vendors to assure that all facts are known to all vendors.
(b) In instances where a conflict or potential conflict has been identified and the commissioner determines that vital operations of the state will be jeopardized if a contract with the vendor is not established, the commissioner may waive the requirements in paragraph (a).
History:
1998 c 386 art 1 s 5; 1Sp2001 c 10 art 2 s 36; 2002 c 298 s 1,2; 2014 c 196 art 2 s 3
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.045 — Reporting Of Violations.

16C.045 REPORTING OF VIOLATIONS.
A state employee who discovers evidence of violation of laws or rules governing state contracts is encouraged to report the violation or suspected violation to the employee's supervisor, the commissioner or the commissioner's designee, or the legislative auditor. The legislative auditor must report to the Legislative Audit Commission if there are multiple complaints about the same agency. The auditor's report to the Legislative Audit Commission under this section must disclose only the number and type of violations alleged. An employee making a good faith report under this section is covered by section 181.932, prohibiting the employer from discriminating against the employee.
History:
1Sp2003 c 1 art 2 s 47
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.051 — Contracts With Russia Or Belarus.

16C.051 CONTRACTS WITH RUSSIA OR BELARUS.
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have the meanings given.
(b) "Belarusian entity" means an institution or company that is headquartered in the Republic of Belarus or has its principal place of business in the Republic of Belarus.
(c) "Russian entity" means an institution or company that is headquartered in the Russian Federation or has its principal place of business in the Russian Federation.
Subd. 2.
Terminating contracts with Russia or Belarus.
(a) All state agencies must:
(1) review existing contracts to determine if any existing contracts are with Russian entities or Belarusian entities;
(2) promptly terminate existing contracts with Russian entities or Belarusian entities as practicable; and
(3) refrain from entering into contracts with Russian entities or Belarusian entities unless the head of the state agency determines that there is no suitable alternative.
(b) Nothing in this section is intended to require or encourage state agencies to terminate or avoid contracts with Minnesota companies or other domestic entities, or to relieve state agencies of any obligations under applicable laws, rules, or regulations related to contracting and procurement.
Subd. 3.
Severability.
The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity does not affect other provisions or applications that can be given effect without the invalid provision or application.
History:
2022 c 43 s 2
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.053 — Contracts With Vendors Who Discriminate Against Israel Prohibited.

16C.053 CONTRACTS WITH VENDORS WHO DISCRIMINATE AGAINST ISRAEL PROHIBITED.
Subdivision 1.
Discrimination by vendor.
(a) A state agency may not enter into a contract with a vendor that engages in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business.
(b) For purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason.
Subd. 2.
Exemption; commissioner may waive.
(a) This section does not apply to contracts with a value of less than $50,000.
(b) The commissioner may waive application of this section on a contract if the commissioner determines that compliance is not practicable or in the best interests of the state.
Subd. 3.
Relation to existing law.
This section does not prohibit a vendor from engaging in free speech or expression protected under the First Amendment of the United States Constitution or the Constitution of the state of Minnesota.
History:
2017 c 21 s 3; 1Sp2017 c 4 art 2 s 51
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.054 — Accommodation For Hard-of-hearing In State-funded Capital Projects.

16C.054 ACCOMMODATION FOR HARD-OF-HEARING IN STATE-FUNDED CAPITAL PROJECTS.
Subdivision 1.
Definition.
For purposes of this section, "public gathering space" means a space that is constructed or renovated as part of the project: (1) that accommodates and is intended to be used for gatherings of 15 or more people; and (2) in which audible communications are integral to a use of the space.
Subd. 2.
Accommodation for hard-of-hearing in state-funded capital projects.
No commissioner or agency head may approve a contract or grant state funds for a capital improvement project to construct or renovate a public gathering space in a building unless:
(1) the project includes equipping the public gathering space, if the public gathering space has or will have a permanent audio-amplification system, with audio-induction loops to provide an electromagnetic signal for hearing aids and cochlear implants; and
(2) the project includes meeting the American National Standards Institute Acoustical Performance Criteria, Design Requirements and Guidelines for Schools on maximum background noise level and reverberation times in the public gathering space.
Subd. 3.
Exemption.
A commissioner or agency head may approve a contract or grant state funds for a capital improvement project to construct or renovate a building that does not meet a requirement of subdivision 2, when the commissioner or agency head determines that meeting that requirement is not feasible, is in conflict with other requirements in law, is in conflict with other project requirements, or that costs outweigh the benefits. The commissioner must consult with the Commission of the Deaf, DeafBlind and Hard of Hearing before making the determination.
Subd. 4.
Exemption reports.
A commissioner or agency head who determines a contract is exempt under subdivision 3 must report the exemption to the Commission of the Deaf, DeafBlind and Hard of Hearing within three months of making the determination. The chair of the Commission of the Deaf, DeafBlind and Hard of Hearing shall submit a report to the chairs and ranking minority members of the committees in the house of representatives and senate with jurisdiction over state contracting by January 30 of even-numbered years beginning in 2020 identifying each exemption reported in the previous two calendar years.
History:
1Sp2017 c 8 art 2 s 3; 2018 c 121 s 7
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.055 — Barter Arrangements Limited.

16C.055 BARTER ARRANGEMENTS LIMITED.
Subdivision 1.
[Repealed, 2007 c 148 art 2 s 84]
Subd. 2.
Restriction.
An agency may not enter into a contract or otherwise agree with a nongovernmental entity to receive total nonmonetary consideration valued at more than $100,000 annually in exchange for the agency providing nonmonetary consideration, unless such an agreement is specifically authorized by law. This subdivision does not apply to the State Lottery, optical fiber owned by the state as of July 1, 2019, or private aquaculture businesses involved in state stocking contracts.
History:
1Sp2001 c 10 art 2 s 38; 2010 c 392 art 1 s 5; 1Sp2011 c 2 art 5 s 2; 2014 c 196 art 2 s 5; 1Sp2019 c 10 art 2 s 9
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.071 — Exception For Federal Contracts.

16C.071 EXCEPTION FOR FEDERAL CONTRACTS.
Notwithstanding any law to the contrary, an agency may, when required by a federal agency entering into an intergovernmental contract, negotiate contract terms providing for full or partial prepayment to the federal agency before work is performed or services are provided.
History:
1998 c 403 s 1; 1999 c 86 art 1 s 7,8; 1999 c 231 s 21; 1Sp2001 c 10 art 2 s 42; 2014 c 196 art 2 s 15
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.072 — Contracts For Tax-related Activities.

16C.072 CONTRACTS FOR TAX-RELATED ACTIVITIES.
An agency may not enter into a contract for tax fraud prevention or detection, or tax audit-related activities, that compensates a vendor based on a percentage of taxes assessed or collected. This section does not apply to the commissioner's authority to contract for debt collection under section 16D.04.
History:
2011 c 112 art 11 s 1; 2014 c 196 art 2 s 15
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.0725 — Purchase Of Recycled, Repairable, And Durable Materials.

16C.0725 PURCHASE OF RECYCLED, REPAIRABLE, AND DURABLE MATERIALS.
The commissioner shall take the recycled content and recyclability of commodities to be purchased into consideration in bid specifications. When feasible and when the price of recycled materials does not exceed the price of nonrecycled materials by more than ten percent, the commissioner, and state agencies when purchasing under delegated authority, shall purchase recycled materials. In order to maximize the quantity and quality of recycled materials purchased, the commissioner, and state agencies when purchasing under delegated authority, may also use other appropriate procedures to acquire recycled materials at the most economical cost to the state.
When purchasing commodities and services, the commissioner, and state agencies when purchasing under delegated authority, shall apply and promote the preferred waste management practices listed in section 115A.02, with special emphasis on reduction of the quantity and toxicity of materials in waste. The commissioner, and state agencies when purchasing under delegated authority, in developing bid specifications, shall consider the extent to which a commodity or product is durable, reusable, or recyclable and marketable through the state resource recovery program and the extent to which the commodity or product contains postconsumer material.
History:
1Sp1989 c 1 art 18 s 1; 1992 c 514 s 3; 1992 c 593 art 1 s 1; 1993 c 249 s 1; 2014 c 196 art 1 s 5
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.074 — Consideration Of Environmental Impacts Of Metal Recycling Facilities.

16C.074 CONSIDERATION OF ENVIRONMENTAL IMPACTS OF METAL RECYCLING FACILITIES.
(a) The state, counties, towns, and home rule charter or statutory cities shall include consideration of environmental impacts in selecting a recycling facility for the recycling of scrap metal.
(b) For the purposes of this section, "recycling facility" has the meaning given in section 115A.03, subdivision 25c.
History:
1995 c 247 art 1 s 2; 2014 c 196 art 1 s 5
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.075 — E-verify.

16C.075 E-VERIFY.
A contract for services valued in excess of $50,000 must require certification from the vendor and any subcontractors that, as of the date services on behalf of the state of Minnesota will be performed, the vendor and all subcontractors have implemented or are in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the state of Minnesota. This section does not apply to contracts entered into by the:
(1) State Board of Investment; or
(2) the Office of Higher Education for contracts related to credit reporting services if the office certifies that those services cannot be reasonably obtained if this section applies.
History:
1Sp2011 c 10 art 3 s 29; 2015 c 69 art 2 s 2
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.086 — Call Center.

16C.086 CALL CENTER.
An agency may not enter into a contract for operation of a call center, or a contract whose primary purpose is to provide similar services answering or responding to telephone calls on behalf of an agency without determining if the service can be provided by state employees, and the services must be provided at offices located in the United States. For purposes of this section, "agency" includes the Minnesota State Colleges and Universities.
History:
2007 c 148 art 2 s 41
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.09 — Procedure For General Service Contracts.

16C.09 PROCEDURE FOR GENERAL SERVICE CONTRACTS.
(a) Before entering into or approving a general service contract valued in excess of $5,000, the commissioner must determine that:
(1) no current state employee is able and available to perform the services called for by the contract;
(2) the work to be performed under the contract is necessary to the agency's achievement of its statutory responsibilities and there is statutory authority to enter into the contract;
(3) the contract will not establish an employment relationship between the state or the agency and any persons performing under the contract;
(4) the contractor and agents are not employees of the state; and
(5) the contracting agency has specified a satisfactory method of evaluating and using the results of the work to be performed.
(b) For purposes of paragraph (a), clause (1), employees are available if qualified and:
(1) are already doing the work in question; or
(2) are on layoff status in classes that can do the work in question.
An employee is not available if the employee is doing other work, is retired, or has decided not to do the work in question.
(c) This section does not apply to an agency's use of inmates pursuant to sections 241.20 to 241.23 or to an agency's use of persons required by a court to provide:
(1) community service; or
(2) conservation or maintenance services on lands under the jurisdiction and control of the state.
History:
1998 c 386 art 1 s 10; 1999 c 230 s 2; 2005 c 136 art 13 s 1; 2013 c 142 art 3 s 18; 2014 c 196 art 2 s 8
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.105 — Cooperatives Authorized.

16C.105 COOPERATIVES AUTHORIZED.
The following entities are authorized to enter into cooperative purchasing agreements with the commissioner in accordance with section 16C.03, subdivision 10:
(1) one or more other states or governmental units, as described in section 471.59, subdivision 1;
(2) entities defined in section 16B.2975, subdivision 1;
(3) a registered combined charitable organization and its affiliated agencies as defined by section 43A.50;
(4) a charitable organization defined in section 309.50, subdivision 4, that is also a recipient of a state grant or contract;
(5) a nonprofit community health clinic defined in section 145.9268; and
(6) health care facilities that are required to provide indigent care, or any entity recognized by another state's statutes as authorized to use that state's commodity or service contracts.
History:
2014 c 196 art 2 s 10,15
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.11 — Cooperative Purchasing Venture; Revolving Fund.

16C.11 COOPERATIVE PURCHASING VENTURE; REVOLVING FUND.
The commissioner may enter into joint or cooperative purchasing agreements with any entity that is authorized under section 16C.03, subdivision 10. The cooperative purchasing venture revolving fund is a separate account in the state treasury. The commissioner may charge a fee to cover the commissioner's administrative expenses to entities that have joint or cooperative purchasing agreements with the state under section 16C.03, subdivision 10. The fees collected must be deposited in the revolving fund established by this section. Money in the fund is appropriated to the commissioner to administer the programs and services covered by this chapter.
History:
1998 c 386 art 1 s 12; 2007 c 83 s 2
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.12 — Agricultural Food Products Grown In State.

16C.12 AGRICULTURAL FOOD PRODUCTS GROWN IN STATE.
The commissioner shall encourage and make a reasonable attempt to identify and purchase food products that are grown in the state.
History:
1998 c 386 art 1 s 13
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.13 — Certain Vehicles.

16C.13 CERTAIN VEHICLES.
Upon the written request of the commissioner of public safety, motor vehicles for use by investigative and undercover agents of the Department of Public Safety must be purchased by the brand, make, and model specified by the agency.
History:
1998 c 386 art 1 s 14
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.135 — Purchases Of Fuel And Vehicles By State Agencies.

16C.135 PURCHASES OF FUEL AND VEHICLES BY STATE AGENCIES.
Subdivision 1.
Definition.
For purposes of this section "cleaner fuels" means:
(1) biodiesel blends of 20 percent or greater by volume (B20-B100);
(2) compressed natural gas;
(3) ethanol blends of 70 percent or greater by volume (E70-E100);
(4) hydrogen;
(5) liquefied natural gas; and
(6) liquefied petroleum gas.
Subd. 2.
Fuel purchases.
When purchasing fuel for use in the enterprise fleet or for use in a motor vehicle owned or leased by an agency, the commissioner or the agency shall purchase, and shall require persons purchasing on their behalf to purchase, cleaner fuels for use in the motor vehicle if cleaner fuels are reasonably available at similar costs to other fuels and if cleaner fuels are compatible with the use to which the motor vehicle is put.
Subd. 3.
Vehicle purchases.
(a) Consistent with section 16C.137, subdivision 1, when purchasing a motor vehicle for the enterprise fleet or for use by an agency, the commissioner or the agency shall purchase the motor vehicle according to the following vehicle preference order:
(1) an electric vehicle;
(2) a hybrid electric vehicle;
(3) a vehicle capable of being powered by cleaner fuels; and
(4) a vehicle powered by gasoline or diesel fuel.
(b) The commissioner may only reject a vehicle that is higher on the vehicle preference order if:
(1) the vehicle type is incapable of carrying out the purpose for which it is purchased; or
(2) the total life-cycle cost of ownership of a preferred vehicle type is more than ten percent higher than the next vehicle type in the vehicle preference order.
History:
2002 c 312 s 1; 2014 c 281 s 1; 2021 c 31 art 1 s 26; 2023 c 60 art 12 s 3
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.137 — Minimizing Energy Use; Renewable Fuels.

16C.137 MINIMIZING ENERGY USE; RENEWABLE FUELS.
Subdivision 1.
Goals and actions.
Each state department must, whenever legally, technically, and economically feasible, subject to the specific needs of the department and responsible management of agency finances:
(1) ensure that all new on-road vehicles, excluding emergency and law enforcement vehicles, are purchased in conformity with the vehicle preference order established in section 16C.135, subdivision 3;
(2) increase its use of renewable transportation fuels, including ethanol, biodiesel, and hydrogen from agricultural products; and
(3) increase its use of web-based Internet applications and other electronic information technologies to enhance the access to and delivery of government information and services to the public, and reduce the reliance on the department's fleet for the delivery of such information and services.
Subd. 2.
Report.
(a) The commissioner of administration, in collaboration with the commissioners of the Pollution Control Agency, the Departments of Agriculture, Commerce, Natural Resources, and Transportation, and other state departments, must evaluate the goals and directives established in this section and report their findings to the governor and the appropriate committees of the legislature by February 1 of each odd-numbered year. In the report, the commissioner must make recommendations for new or adjusted goals, directives, or legislative initiatives, in light of the progress the state has made implementing this section and the availability of new or improved technologies.
(b) The Department of Administration shall implement a fleet reporting and information management system. Each department will use this management system to demonstrate its progress in complying with this section.
Subd. 3.
Exclusion.
Petroleum-based diesel fuel used in a vehicle which a department has retrofit to use ultra low sulfur diesel fuel and to add additional emissions control technologies is excluded when evaluating progress toward the reduction goals established in subdivision 1. This exclusion applies only to vehicles purchased before the model year in which the federal Environmental Protection Agency's new clean diesel emission reduction rules take effect.
History:
1Sp2005 c 1 art 1 s 6; 2009 c 134 s 1; 2014 c 281 s 2,3; 2015 c 21 art 1 s 6; 2023 c 60 art 12 s 4
2023 Minnesota Statutes › Chapters 16A - 16E — Administration And Finance › Chapter 16C — State Procurement › Section 16C.138 — State Purchasing Of Electric And Plug-in Hybrid Electric Vehicles.

16C.138 STATE PURCHASING OF ELECTRIC AND PLUG-IN HYBRID ELECTRIC VEHICLES.
Subdivision 1.
Definition.
(a) As used in this section, "plug-in hybrid electric vehicle (PHEV)" means a vehicle containing an internal combustion engine that also allows power to be delivered to the drive wheels by a battery-powered electric motor and that meets applicable federal motor vehicle safety standards. When connected to the electrical grid via an electrical outlet, the vehicle must be able to recharge its battery. The vehicle must have the ability to travel at least 20 miles, powered substantially by electricity.
(b) As used in this section, "neighborhood electric vehicle" means an electrically powered motor vehicle that has four wheels and has a speed attainable in one mile of at least 20 miles per hour but not more than 25 miles per hour on a paved level surface.
(c) As used in this section, "electric vehicle" has the meaning given in section 169.011, subdivision 26a.
Subd. 2.
Notice of state procurement policy in bid documents.
All solicitation documents for the purchase of a passenger automobile, as defined in section 168.002, subdivision 24; pickup truck, as defined in section 168.002, subdivision 26; or van, as defined in section 168.002, subdivision 40, issued under the jurisdiction of the Department of Administration after June 30, 2006, must contain the following language: "It is the intention of the state of Minnesota to begin purchasing electric vehicles, plug-in hybrid electric vehicles, neighborhood electric vehicles, and natural gas vehicles if the total life-cycle cost of ownership is less than or comparable to that of gasoline-powered vehicles. It is the intention of the state to purchase electric vehicles, plug-in hybrid electric vehicles, neighborhood electric vehicles, and natural gas vehicles whenever practicable after these conditions have been met and as fleet needs dictate for at least five years after these conditions have been met."
History:
2006 c 245 s 1; 2009 c 134 s 7,9; 2010 c 382 s 8; 2014 c 281 s 4