1.1                          A bill for an act 
  1.2             relating to state government; excepting the University 
  1.3             of Minnesota from the selection process administered 
  1.4             by the designer selection board; amending Minnesota 
  1.5             Statutes 1998, section 16B.33, subdivisions 3, 3a, and 
  1.6             4. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 16B.33, 
  1.9   subdivision 3, is amended to read: 
  1.10     Subd. 3.  [AGENCIES MUST REQUEST DESIGNER.] (a) 
  1.11  [APPLICATION.] Upon undertaking a project with an estimated cost 
  1.12  greater than $750,000 or a planning project with estimated fees 
  1.13  greater than $60,000, every user agency, except the capitol area 
  1.14  architectural and planning board and the University of 
  1.15  Minnesota, shall submit a written request for a primary designer 
  1.16  for its project to the commissioner, who shall forward the 
  1.17  request to the board.  The ~~University of Minnesota and the~~ 
  1.18  Minnesota state colleges and universities shall follow the 
  1.19  process in subdivision 3a to select designers for their 
  1.20  projects.  The written request must include a description of the 
  1.21  project, the estimated cost of completing the project, a 
  1.22  description of any special requirements or unique features of 
  1.23  the proposed project, and other information which will assist 
  1.24  the board in carrying out its duties and responsibilities set 
  1.25  forth in this section.  
  1.26     (b)  [REACTIVATED PROJECT.] If a project for which a 
  2.1   designer has been selected by the board becomes inactive, 
  2.2   lapses, or changes as a result of project phasing, insufficient 
  2.3   appropriations, or other reasons, the commissioner~~,~~ or the 
  2.4   Minnesota state colleges and universities~~, or the University of~~ 
  2.5   ~~Minnesota~~ may, if the project is reactivated, retain the same 
  2.6   designer to complete the project.  
  2.7      (c)  [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a 
  2.8   project initially estimated to be below the cost and planning 
  2.9   fee limits of this subdivision has its cost or planning fees 
  2.10  revised so that the limits are exceeded, the project must be 
  2.11  referred to the board for designer selection even if a primary 
  2.12  designer has already been selected.  In this event, the board 
  2.13  may, without conducting interviews, elect to retain the 
  2.14  previously selected designer if it determines that the interests 
  2.15  of the state are best served by that decision and shall notify 
  2.16  the commissioner of its determination.  
  2.17     Sec. 2.  Minnesota Statutes 1998, section 16B.33, 
  2.18  subdivision 3a, is amended to read: 
  2.19     Subd. 3a.  [HIGHER EDUCATION PROJECTS.] (a) When the 
  2.20  ~~University of Minnesota or the~~ Minnesota state colleges and 
  2.21  universities undertakes a project involving construction or 
  2.22  major remodeling, as defined in section 16B.335, subdivision 1, 
  2.23  with an estimated cost greater than $2,000,000 or a planning 
  2.24  project with estimated fees greater than $200,000, the system 
  2.25  shall submit a written request for a primary designer to the 
  2.26  commissioner, as provided in subdivision 3. 
  2.27     (b) When the ~~University of Minnesota or the~~ Minnesota state 
  2.28  colleges and universities undertakes a project involving 
  2.29  renovation, repair, replacement, or rehabilitation, the system 
  2.30  office may submit a written request for a primary designer to 
  2.31  the commissioner as provided in subdivision 3. 
  2.32     Sec. 3.  Minnesota Statutes 1998, section 16B.33, 
  2.33  subdivision 4, is amended to read: 
  2.34     Subd. 4.  [DESIGNER SELECTION PROCESS.] (a)  [ PUBLICITY.] 
  2.35  Upon receipt of a request from a user agency for a primary 
  2.36  designer, the board shall publicize the proposed project in 
  3.1   order to determine the identity of designers interested in the 
  3.2   design work on the project.  The board shall establish criteria 
  3.3   for the selection process and make this information public, and 
  3.4   shall compile data on and conduct interviews of designers.  The 
  3.5   board's selection criteria must include consideration of each 
  3.6   interested designer's performance on previous projects for the 
  3.7   state or any other person.  Upon completing the process, the 
  3.8   board shall select the primary designer and shall state its 
  3.9   reasons in writing.  Notification to the commissioner of the 
  3.10  selection shall be made not more than 60 days after receipt from 
  3.11  a user agency of a request for a primary designer.  The 
  3.12  commissioner shall promptly notify the designer and the user 
  3.13  agency.  The commissioner shall negotiate the designer's fee and 
  3.14  prepare the contract to be entered into between the designer and 
  3.15  the user agency.  
  3.16     (b)  [CONFLICT OF INTEREST.] The board may not select a 
  3.17  designer or firm in which a member of the designer selection 
  3.18  board has a current financial interest.  
  3.19     (c)  [SELECTION BY COMMISSIONER.] In the event the board 
  3.20  receives a request for a primary designer on a project, the 
  3.21  estimated cost of which is less than the limit established by 
  3.22  subdivision 3, or a planning project with estimated fees of less 
  3.23  than the limit established by subdivision 3, the board may 
  3.24  submit the request to the commissioner of administration, with 
  3.25  or without recommendations, and the commissioner shall thereupon 
  3.26  select the primary designer for the project.  
  3.27     (d)  [SECOND SELECTION.] If the designer selected for a 
  3.28  project declines the appointment or is unable to reach agreement 
  3.29  with the commissioner on the fee or the terms of the contract, 
  3.30  the commissioner shall, within 60 days after the first 
  3.31  appointment, request the board to make another selection.  
  3.32     (e)  [SIXTY DAYS TO SELECT.] If the board fails to make a 
  3.33  selection and forward its recommendation to the commissioner 
  3.34  within 60 days of the user agency's request for a designer, the 
  3.35  commissioner may appoint a designer to the project without the 
  3.36  recommendation of the board.  
  4.1      (f)  [LESS THAN SATISFACTORY PERFORMANCE.] The 
  4.2   commissioner, or the ~~University of Minnesota and the~~ Minnesota 
  4.3   state colleges and universities for projects under their 
  4.4   supervision, shall forward to the board a written report 
  4.5   describing each instance in which the performance of a designer 
  4.6   selected by the board or the commissioner has been less than 
  4.7   satisfactory.  Criteria for determining satisfaction include the 
  4.8   ability of the designer to complete design work on time, to 
  4.9   provide a design responsive to program needs within the 
  4.10  constraints of the budget, to solve design problems and achieve 
  4.11  a design consistent with the proposed function of the building, 
  4.12  to avoid costly design errors or omissions, and to observe the 
  4.13  construction work.  These reports are public data and are 
  4.14  available for inspection under section 13.03.