1.1 	A bill for an act
1.2 	relating to transportation; amending the membership requirements on the 
1.3 	Technical Review Committee;amending Minnesota Statutes 2006, section 
1.4 	161.3420, subdivision 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 161.3420, subdivision 2, is amended to 
1.7 	read:
1.8 		Subd. 2.Technical Review Committee. (a) During the phase-one request for 
1.9 	qualifications (RFQ) and before solicitation, the commissioner shall appoint a Technical 
1.10 	Review Committee of at least five individuals. The Technical Review Committee must 
1.11 	include:
1.12 	(1) an individual whose name and qualifications are submitted to the commissioner 
1.13 	by the Minnesota chapter of the Associated General Contractors, after consultation with 
1.14 	other commercial contractor associations in the state.; and
1.15 	(2) an individual whose name and qualifications are submitted to the commissioner 
1.16 	by the Minnesota Building and Construction Trades Council.
1.17 	(b) Members of the Technical Review Committee who are not state employees are 
1.18 	subject to the Minnesota Government Data Practices Act and section 16C.06 to the same 
1.19 	extent that state agencies are subject to those provisions. A Technical Review Committee 
1.20 	member may not participate in the review or discussion of responses to an RFQ or request 
1.21 	for proposals (RFP) when the member has a financial interest in any of the design-build 
1.22 	firms that respond to that RFQ or RFP. "Financial interest" includes, but is not limited 
1.23 	to, being or serving as an owner, employee, partner, limited liability partner, shareholder, 
1.24 	joint venturer, family member, officer, or director of a design-build firm responding to 
2.1 	an RFQ or RFP for a specific project, or having any other economic interest in that 
2.2 	design-build firm. The members of the Technical Review Committee must be treated as 
2.3 	state employees in the event of litigation resulting from any action arising out of their 
2.4 	service on the committee. 

2.5 	EFFECTIVE DATE. This section is effective the day following final enactment 
2.6 	and applies to projects for which the commissioner has not appointed, as of the day 
2.7 	following final enactment, a technical review committee.