Section 1 [Duties of Contracting Agency] strikes the following requirements that an agency must certify before seeking approval of a professional or technical services contract:

• no current state employee is able and available to perform the services;
• in the event that the results of contract work will be carried out or continued by state employees upon completion of the contract, the contractor is required to include state employees in development and training to ensure state employees can perform the ongoing work;
• the agency will not contract out its previously eliminated jobs for four years without first considering the certain former qualified employees.

Current law defines “professional or technical services” to mean services that are intellectual in character, including consultation, analysis, evaluation, prediction, planning, programming, or recommendations, and result in the production of a report of the completion of task.

Section 2 [Procedure for Service Contracts] strikes the requirements that, before entering into a services contract, the Commissioner of Administration must certify that no current state employee is able and available to perform the services and strikes tests for determining whether employees are available.

Section 3 [No Abrogation] strikes a reference to a section, repealed in this bill, in a law governing MnSCU contracts for investment services.

Section 4 [Repealer] repeals:

• Section 16C.085 [Waiver] that allows agencies to contract for printing services without determining whether employees are able and available to perform the services.
• Section 43A.047 [Contracted Services] that requires executive agencies, including MnSCU, to demonstrate that they cannot use available staff before hiring outside consultants or services.  This section requires agencies to give priority to reducing spending on professional and technical service contracts before laying off permanent employees, with exceptions for use of certain inmates.
• Section 179A.23 [Limitation on Contracting-Out of Services Provided by Members of a State of Minnesota or University of Minnesota Bargaining Unit] that requires preferential hiring of persons whose employment is terminated as a result of a contract for services.

SJJ/rdr