1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to state government; applying responsible contractor requirements to |
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3 | 3 | | 1.3 recipients of state loans and grants over $50,000; amending Minnesota Statutes |
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4 | 4 | | 1.4 2024, sections 16A.06, by adding a subdivision; 16B.981, subdivision 2. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 16A.06, is amended by adding a subdivision |
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7 | 7 | | 1.7to read: |
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8 | 8 | | 1.8 Subd. 13.Minimum requirements.The commissioner must ensure that, at the time of |
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9 | 9 | | 1.9application for a loan of $50,000 or more that is funded fully or partially with state dollars, |
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10 | 10 | | 1.10the applicant submits a signed statement under oath certifying the applicant meets the |
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11 | 11 | | 1.11minimum requirements under section 16C.285, subdivision 3, where applicable. The |
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12 | 12 | | 1.12commissioner may delegate the duty under this section to other state agencies via interagency |
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13 | 13 | | 1.13agreements. |
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14 | 14 | | 1.14 Sec. 2. Minnesota Statutes 2024, section 16B.981, subdivision 2, is amended to read: |
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15 | 15 | | 1.15 Subd. 2.Financial information required; determination of ability to perform.For |
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16 | 16 | | 1.16grants of $50,000 or more and subject to sections 16B.97 and 16B.98, before an agency |
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17 | 17 | | 1.17awards a competitive, legislatively named, single-source, or sole-source grant, the agency |
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18 | 18 | | 1.18must complete a preaward risk assessment to assess the risk that a potential grantee cannot |
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19 | 19 | | 1.19or would not perform the required duties. In making this assessment, the agency must review |
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20 | 20 | | 1.20the following information as applicable: |
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21 | 21 | | 1.21 (1) the potential grantee's history of performing duties similar to those required by the |
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22 | 22 | | 1.22grant, whether the grant requires the potential grantee to perform services at a significantly |
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23 | 23 | | 1Sec. 2. |
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24 | 24 | | 25-05078 as introduced03/27/25 REVISOR SGS/ES |
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25 | 25 | | SENATE |
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26 | 26 | | STATE OF MINNESOTA |
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27 | 27 | | S.F. No. 3475NINETY-FOURTH SESSION |
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28 | 28 | | (SENATE AUTHORS: OUMOU VERBETEN) |
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29 | 29 | | OFFICIAL STATUSD-PGDATE |
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30 | 30 | | Introduction and first reading05/01/2025 |
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31 | 31 | | Referred to State and Local Government 2.1increased scale, and whether the grant will require significant changes to the operation of |
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32 | 32 | | 2.2the potential grantee's organization; |
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33 | 33 | | 2.3 (2) for a potential grantee that is a nonprofit organization, the potential grantee's most |
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34 | 34 | | 2.4recent Form 990 or Form 990-EZ filed with the Internal Revenue Service. If the potential |
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35 | 35 | | 2.5grantee has not been in existence long enough or is not required to file Form 990 or Form |
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36 | 36 | | 2.6990-EZ, the potential grantee must demonstrate to the agency's satisfaction that the potential |
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37 | 37 | | 2.7grantee is exempt and must instead submit the potential grantee's most recent board-reviewed |
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38 | 38 | | 2.8financial statements and documentation of internal controls or, if there is no such board, by |
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39 | 39 | | 2.9the applicant's managing group; |
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40 | 40 | | 2.10 (3) for a potential grantee that is a for-profit business, the potential grantee's most recent |
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41 | 41 | | 2.11federal and state tax returns, current financial statements, certification that the business is |
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42 | 42 | | 2.12not under bankruptcy proceedings, and disclosure of any liens on its assets. If a business |
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43 | 43 | | 2.13has not been in business long enough to have a tax return, the grantee must demonstrate to |
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44 | 44 | | 2.14the agency's satisfaction that the grantee has appropriate internal financial controls; |
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45 | 45 | | 2.15 (4) evidence of good standing with the secretary of state under chapter 317A, or other |
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46 | 46 | | 2.16applicable law; |
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47 | 47 | | 2.17 (5) a signed statement under oath submitted by the potential grantee certifying the |
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48 | 48 | | 2.18potential grantee meets the minimum requirements under section 16C.285, subdivision 3, |
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49 | 49 | | 2.19where applicable; |
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50 | 50 | | 2.20 (5) (6) if the potential grantee is required to complete an audit under section 309.53, |
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51 | 51 | | 2.21subdivision 3, the potential grantee's most recent audit report performed by an independent |
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52 | 52 | | 2.22third party in accordance with generally accepted accounting principles; and |
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53 | 53 | | 2.23 (6) (7) certification, provided by the potential grantee, that none of its current principals |
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54 | 54 | | 2.24have been convicted of a felony financial crime in the last ten years. For this section, a |
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55 | 55 | | 2.25principal is defined as a public official, a board member, or staff with the authority to access |
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56 | 56 | | 2.26funds provided by this agency or determine how those funds are used. |
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57 | 57 | | 2Sec. 2. |
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58 | 58 | | 25-05078 as introduced03/27/25 REVISOR SGS/ES |
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