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HF 1734

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/15/2023 09:11am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2023

Current Version - as introduced

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A bill for an act
relating to higher education; modifying the Board of Regents and Regent Candidate
Advisory Council; amending Minnesota Statutes 2022, sections 137.023; 137.024;
137.0245, subdivisions 2, 3; 137.0246; proposing coding for new law in Minnesota
Statutes, chapter 137.

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

Section 1.

Minnesota Statutes 2022, section 137.023, is amended to read:


137.023 deleted text begin UNIVERSITY STUDENT ONdeleted text end BOARD OF REGENTSnew text begin SEATS ASSIGNEDnew text end .

new text begin Subdivision 1. new text end

new text begin Seats assigned. new text end

new text begin (a) new text end In electing members of the Board of Regents pursuant
to article 13, section 3, of the Constitution of the state of Minnesota, and Territorial Laws
1851, chapter 3, section 5deleted text begin ,deleted text end new text begin :
new text end

new text begin (1)new text end one member of the deleted text begin Board of Regents of the universitydeleted text end new text begin boardnew text end shall be a person who
at the time of election to the board is a student who is enrolled in a degree program at the
universitynew text begin ;
new text end

new text begin (2) one member of the board must be a person who at the time of election to the board
is a tenured faculty member of the university; and
new text end

new text begin (3) one member of the board must represent a university employee organization, as
defined by section 179A.03, subdivision 6
new text end .

new text begin (b)new text end deleted text begin This persondeleted text end new text begin Persons elected under paragraph (a)new text end shall represent the state at large.
Upon expiration of the term or in the event of a vacancy in the office, deleted text begin one positiondeleted text end new text begin the seats
assigned in paragraph (a)
new text end shall be filled by a person having the same qualifications.

new text begin Subd. 2. new text end

new text begin American Indian regent. new text end

new text begin At least one member of the Board of Regents shall
be an enrolled member of a federally recognized Indian Tribe within the state of Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. The
first at-large position to be elected following enactment of this section shall be assigned to
a tenured faculty member, and the next at-large position to be elected shall be assigned to
a representative of a university employee organization.
new text end

Sec. 2.

Minnesota Statutes 2022, 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 must be assigned to the new district.
new text end

Sec. 3.

new text begin [137.0242] TERM LIMITS FOR UNIVERSITY REGENTS.
new text end

new text begin The legislature shall not elect a person to the Board of Regents of the university more
than twice.
new text end

Sec. 4.

Minnesota Statutes 2022, section 137.0245, subdivision 2, is amended to read:


Subd. 2.

Membership.

new text begin (a) new text end The Regent Candidate Advisory Council shall consist of deleted text begin 24deleted text end new text begin
25
new text end members.

deleted text begin Twelvedeleted text end new text begin (b) Fivenew text end members shall be appointed by the Subcommittee on Committees of
the Committee on Rules and Administration of the senate. deleted text begin Twelvedeleted text end new text begin Fivenew text end members shall be
appointed by the speaker of the house. deleted text begin 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.
deleted text end No more than deleted text begin one-thirddeleted text end new text begin threenew text end of the members appointed by each appointing
authority may be current or former legislators. No more than deleted text begin two-thirdsdeleted text end new text begin twonew text end 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.

new text begin (c) Additional members of the council shall include:
new text end

new text begin (1) one current faculty member from each of the five University of Minnesota system
campuses, each of whom shall be appointed by the faculty senate of that faculty member's
campus, or, if no campus-specific faculty senate exists, by the university system's faculty
senate;
new text end

new text begin (2) the student body president of each of the five University of Minnesota system
campuses, or designees thereof; and
new text end

new text begin (3) one designee from each of the following entities:
new text end

new text begin (i) the Indian Affairs Council;
new text end

new text begin (ii) the Minnesota Council on Latino Affairs;
new text end

new text begin (iii) the Council for Minnesotans of African Heritage;
new text end

new text begin (iv) the Council on Asian-Pacific Minnesotans; and
new text end

new text begin (v) the Council on Disability.
new text end

new text begin (d)new text end Section 15.0575 shall govern the advisory council, except thatdeleted text begin :
deleted text end

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

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

new text begin (e) new text end A member may not serve more than two full terms.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. By
September 1, 2023, the house and senate shall appoint one member to a term that expires
January 2024, two members to terms that expire January 2026, and two members to full
terms that expire January 2028. Members of the Regent Candidate Advisory Council at the
time of enactment may be reappointed, but remain subject to the two-term limit imposed
by this section.
new text end

Sec. 5.

Minnesota Statutes 2022, section 137.0245, subdivision 3, is amended to read:


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. deleted text begin The selection criteria must not include a limitation on the number of terms an
individual may serve on the Board of Regents.
deleted text end

(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.

Sec. 6.

Minnesota Statutes 2022, section 137.0246, is amended to read:


137.0246 REGENT NOMINATION AND ELECTION.

Subd. 2.

Regent nomination joint committee.

(a) 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.

(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.

(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 deleted text begin maydeleted text end new text begin mustnew text end recommend deleted text begin no more than one candidatedeleted text end new text begin two
candidates
new text end 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.

new text begin Subd. 3. 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. 4. 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.
new text end