HF 2578

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/29/2021 03:36pm

A bill for an act
relating to higher education; modifying the process for electing members of the
Board of Regents of the University of Minnesota; requiring a University of
Minnesota faculty member to serve on the Board of Regents; addressing effects
of redistricting on the Board of Regents; amending Minnesota Statutes 2020,
sections 137.024; 137.0246; proposing coding for new law in Minnesota Statutes,
chapter 137; repealing Minnesota Statutes 2020, section 137.0245.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [137.0231] FACULTY MEMBER ON BOARD OF REGENTS.
new text end

new text begin In electing members of the Board of Regents of the University of Minnesota pursuant
to the Minnesota Constitution, article XIII, section 3, and Territorial Laws 1851, chapter 3,
section 5, one member of the Board of Regents must be a person who at the time of election
to the board is a tenured faculty member of the university. This person shall represent the
state at large. Upon expiration of the term or in the event of a vacancy in the office, the
position shall be filled by a person having the same qualifications.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to the
at-large regent position to be elected in 2023 and thereafter.
new text end

Sec. 2.

Minnesota Statutes 2020, section 137.024, is amended to read:

137.024 CONGRESSIONAL DISTRICTS REPRESENTED ON BOARD OF
REGENTS.

new text begin (a) new text end At least one member of the Board of Regents of the university shall be a resident of
each congressional district.

new text begin (b) If legislative redistricting changes the boundaries of the state's congressional districts,
sitting regents representing specific congressional districts may fulfill their elected terms
on the Board of Regents. When a seat designated for a congressional district first becomes
vacant after redistricting, the legislature shall apply current district boundaries in order to
comply with paragraph (a).
new text end

new text begin (c) If, due to congressional apportionment, the state loses a congressional district, the
regent seat designated for that district shall represent the state at large. If the state gains a
congressional district, the next vacant at-large seat that is not reserved pursuant to section
137.023 or 137.0231 must be assigned to the new district.
new text end

Sec. 3.

Minnesota Statutes 2020, section 137.0246, is amended to read:

137.0246 REGENT NOMINATION AND ELECTION.

Subd. 2.

Regent nomination joint committee.

deleted text begin (a) deleted text end The joint legislative committee
consists of the members of the higher education budget and policy divisions in each house
of the legislature. The chairs of the divisions from each body shall be cochairs of the joint
legislative committee. A majority of the members from each house is a quorum of the joint
committee.

deleted text begin (b) By February 28 of each odd-numbered year, or at a date agreed to by concurrent
resolution, the joint legislative committee shall meet to consider the advisory council's
recommendations for regent of the University of Minnesota for possible presentation to a
joint convention of the legislature.
deleted text end

deleted text begin (c) The joint committee may recommend to the joint convention candidates recommended
by the advisory council and the other candidates nominated by the joint committee. A
candidate other than those recommended by the advisory council may be nominated for
consideration by the joint committee only if the nomination receives the support of at least
three house of representatives members of the committee and two senate members of the
committee. A candidate must receive a majority vote of members from the house of
representatives and from the senate on the joint committee to be recommended to the joint
convention. The joint committee may recommend no more than one candidate for each
vacancy. In recommending nominees, the joint committee must consider the needs of the
board of regents and the balance of the board membership with respect to gender, racial,
and ethnic composition.
deleted text end

new text begin Subd. 3. new text end

new text begin Joint committee responsibilities. new text end

new text begin (a) The joint committee must identify, recruit,
and screen qualified candidates for vacant positions on the Board of Regents. In its
recruitment efforts, the joint committee must seek to recruit a pool of candidates that is
diverse with respect to gender, racial, and ethnic composition.
new text end

new text begin (b) By February 28 of each odd-numbered year, or at a date agreed to by concurrent
resolution, the joint committee shall meet to consider candidates for regent of the University
of Minnesota for possible recommendation to the joint convention of the senate and house
of representatives called to elect regents. To be nominated for consideration by the joint
committee, a candidate must receive the support of at least three members of the joint
committee from the house of representatives and two members of the joint committee from
the senate.
new text end

new text begin (c) The joint committee must recommend to the joint convention two candidates for
each vacant position on the Board of Regents. A candidate must receive a majority vote of
members from the house of representatives and from the senate on the joint committee to
be recommended to the joint convention. In recommending nominees, the joint committee
must consider the needs of the Board of Regents and the balance of the board membership
with respect to gender, racial, and ethnic composition.
new text end

new text begin Subd. 4. new text end

new text begin Joint convention to elect regents. new text end

new text begin At the joint convention of the senate and
house of representatives called to elect regents, the joint committee shall report the names
of the persons recommended for each vacancy. These persons are considered to be nominated.
No additional nominations may be submitted.
new text end

new text begin Subd. 5. new text end

new text begin Joint rules must conform to this section. new text end

new text begin The joint rules of the senate and
house of representatives must be amended to conform to the requirements of this section.
If there is a conflict between the joint rules and this section, this section prevails.
new text end

new text begin Subd. 6. new text end

new text begin Support services. new text end

new text begin The Legislative Coordinating Commission shall provide
administrative and support services for the joint committee, at the request of the co-chairs,
to assist in identifying, recruiting, and screening qualified candidates.
new text end

Sec. 4. new text begin REQUEST TO THE BOARD OF REGENTS.
new text end

new text begin The Board of Regents of the University of Minnesota is requested to amend its policies
to permit a regent elected under Minnesota Statutes, section 137.0231, to serve as a
compensated university employee.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 137.0245, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 21-03965

137.0245 REGENT CANDIDATE ADVISORY COUNCIL.

Subdivision 1.

Establishment.

A Regent Candidate Advisory Council is established to assist in determining criteria for, and identifying and recruiting qualified candidates for membership on the Board of Regents and making recommendations to the joint legislative committee described in section 137.0246, subdivision 2.

Subd. 2.

Membership.

The Regent Candidate Advisory Council shall consist of 24 members. Twelve members shall be appointed by the Subcommittee on Committees of the Committee on Rules and Administration of the senate. Twelve members shall be appointed by the speaker of the house. Each appointing authority must appoint one member who is a student enrolled in a degree program at the University of Minnesota at the time of appointment. No more than one-third of the members appointed by each appointing authority may be current or former legislators. No more than two-thirds of the members appointed by each appointing authority may belong to the same political party; however, political activity or affiliation is not required for the appointment of any member. Geographical representation must be taken into consideration when making appointments. Section 15.0575 shall govern the advisory council, except that:

(1) the members shall be appointed to six-year terms with one-third appointed each even-numbered year; and

(2) student members are appointed to two-year terms with two students appointed each even-numbered year.

A member may not serve more than two full terms.

Subd. 3.

Duties.

(a) The advisory council shall:

(1) develop, in consultation with current and former regents and the administration of the University of Minnesota, a statement of the selection criteria to be applied and a description of the responsibilities and duties of a regent, and shall distribute this to potential candidates; and

(2) for each position on the board, identify and recruit qualified candidates for the Board of Regents, based on the background and experience of the candidates, their potential for discharging the responsibilities of a member of the Board of Regents, and the needs of the board. The selection criteria must not include a limitation on the number of terms an individual may serve on the Board of Regents.

(b) The selection criteria developed under paragraph (a), clause (1), must include a criterion that regents represent diversity in geography; gender; race; occupation, including business and labor; and experience.

(c) The selection criterion must include an identification of the membership needs of the board for individual skills relevant to the governance of the University of Minnesota and the needs for certain individual characteristics. Individual characteristics relate to qualities such as gender, race, and geographic location of residence.

Subd. 4.

Recommendations.

(a) The advisory council shall recommend at least two and not more than four candidates. By January 15 of each odd-numbered year, the advisory council shall submit its recommendations to the joint legislative committee described in section 137.0246, subdivision 2.

(b) The advisory council must submit a report to the joint committee on the needs criterion identified under subdivision 3, paragraph (c), at the same time it submits its recommendations.

Subd. 5.

Support services.

The Legislative Coordinating Commission shall provide administrative and support services for the advisory council.