16B.181 Purchases from corrections industries. 

    Subdivision 1.    Definitions.  As used in this section: 

    (1) "public entity" or "public entities" includes the state 
 and an agency, department, or institution of the state, and 
 state colleges and universities; and 

    (2) "items" includes articles, products, supplies, and 
 services. 

    Subd. 2.    Public entities; purchases from corrections 
 industries.  (a) The commissioner of corrections shall prepare 
 updated lists of the items available for purchase from 
 department of corrections industries and annually forward a copy 
 of the most recent list to all public entities within the 
 state.  A public entity that is supported in whole or in part 
 with funds from the state treasury shall purchase directly from 
 corrections industries those items that are comparable in price, 
 quality, and delivery time to items available from other 
 vendors.  An item is comparable in price if the price is no more 
 than five percent higher than the lowest bid price. 

    (b) The commissioner of administration shall develop a 
 contract pursuant to section 16B.09, to enable public entities 
 to purchase items directly from corrections industries.  The 
 commissioner of administration, in consultation with the 
 commissioner of corrections, shall determine the fair market 
 price for listed items.  In determining fair market price, the 
 commissioner shall use competitive bidding, or shall consider 
 open bid prices in previous years for similar products which 
 meet the needs of the public entity. 

    (c) No public entity may evade the intent of this section 
 by adopting slight variations in specifications, when Minnesota 
 corrections industry items meet the reasonable needs and 
 specifications of the public entity. 

    (d) As part of its ongoing audit process, the legislative 
 auditor is requested to ensure that state agencies are in 
 compliance with this section. 

    (e) The commissioners of administration and corrections 
 shall appoint a joint task force to explore additional methods 
 that support the philosophy of providing a substantial market 
 opportunity to correctional industries that maximizes inmate 
 work opportunities.  The task force shall develop a plan and 
 prepare a set of criteria with which to evaluate the 
 effectiveness of the recommendations and initiatives in the 
 plan.  By February 15, 1997, the task force shall report to the 
 chairs of the senate and house of representatives committees 
 having jurisdiction over criminal justice funding. 

    HIST: 1995 c 226 art 5 s 1; 1996 c 408 art 8 s 1