1.1                          A bill for an act 
  1.2             relating to higher education; extending sunset of 
  1.3             education telecommunications council; requiring 
  1.4             eligible institutions to provide certain data to the 
  1.5             Higher Education Services Office; making changes 
  1.6             relating to child care grants and the Minnesota 
  1.7             College Savings Plan; modifying certain education 
  1.8             benefits of public safety officers; repealing obsolete 
  1.9             rules; amending Minnesota Statutes 2002, sections 
  1.10            136A.121, by adding a subdivision; 136G.11, by adding 
  1.11            a subdivision; 299A.45, subdivision 4; Minnesota 
  1.12            Statutes 2003 Supplement, sections 125B.21, 
  1.13            subdivision 1; 136A.125, subdivision 2; 136G.11, 
  1.14            subdivisions 1, 3; 136G.13, subdivision 1; repealing 
  1.15            Minnesota Statutes 2003 Supplement, section 136G.11, 
  1.16            subdivision 2; Minnesota Rules, parts 4815.0100; 
  1.17            4815.0110; 4815.0120; 4815.0130; 4815.0140; 4815.0150; 
  1.18            4815.0160; 4830.8100; 4830.8110; 4830.8120; 4830.8130; 
  1.19            4830.8140; 4830.8150. 
  1.20  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.21     Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.22  125B.21, subdivision 1, is amended to read: 
  1.23     Subdivision 1.  [STATE COUNCIL MEMBERSHIP.] The membership 
  1.24  of the Minnesota Education Telecommunications Council 
  1.25  established in Laws 1993, First Special Session chapter 2, is 
  1.26  expanded to include representatives of elementary and secondary 
  1.27  education.  The membership shall consist of three 
  1.28  representatives from the University of Minnesota; three 
  1.29  representatives of the Board of Trustees for Minnesota State 
  1.30  Colleges and Universities; one representative of the higher 
  1.31  education services offices; one representative appointed by the 
  1.32  Private College Council; one representative selected by the 
  2.1   commissioner of administration; eight representatives selected 
  2.2   by the commissioner of education, at least one of which must 
  2.3   come from each of the six higher education telecommunication 
  2.4   regions; a representative from the Office of Technology; two 
  2.5   members each from the senate and the house of representatives 
  2.6   selected by the Subcommittee on Committees of the Committee on 
  2.7   Rules and Administration of the senate and the speaker of the 
  2.8   house, one member from each body must be a member of the 
  2.9   minority party; and three representatives of libraries, one 
  2.10  representing regional public libraries, one representing 
  2.11  multitype libraries, and one representing community libraries, 
  2.12  selected by the governor; and two members, one selected from and 
  2.13  representing the higher education regional coordinators and one 
  2.14  selected from and representing the kindergarten through grade 12 
  2.15  cluster regions.  The council shall serve as a forum to 
  2.16  establish and advocate for a statewide vision and plans for the 
  2.17  use of distance learning technologies, including: 
  2.18     (1) the coordination and collaboration of distance learning 
  2.19  opportunities; 
  2.20     (2) the implementation of the use of distance learning 
  2.21  technologies; 
  2.22     (3) the collaboration of distance learning users; 
  2.23     (4) the implementation of educational policy relating to 
  2.24  telecommunications; 
  2.25     (5) the exchange of ideas; 
  2.26     (6) the communications with state government and related 
  2.27  agencies and entities; 
  2.28     (7) the coordination of networks for postsecondary 
  2.29  campuses, kindergarten through grade 12 education, and regional 
  2.30  and community libraries; and 
  2.31     (8) the promotion of consistency of the operation of the 
  2.32  learning network with standards of an open system architecture. 
  2.33     The council expires June 30, 2004 2005. 
  2.34     Sec. 2.  Minnesota Statutes 2002, section 136A.121, is 
  2.35  amended by adding a subdivision to read: 
  2.36     Subd. 18.  [DATA.] An eligible institution must provide 
  3.1   student enrollment and financial aid data to the office to 
  3.2   enable the office to carry out its responsibilities under 
  3.3   section 136A.01, subdivision 2, clause (6). 
  3.4      Sec. 3.  Minnesota Statutes 2003 Supplement, section 
  3.5   136A.125, subdivision 2, is amended to read: 
  3.6      Subd. 2.  [ELIGIBLE STUDENTS.] An applicant is eligible for 
  3.7   a child care grant if the applicant: 
  3.8      (1) is a resident of the state of Minnesota; 
  3.9      (2) has a child 12 years of age or younger, or 14 years of 
  3.10  age or younger who is handicapped as defined in section 125A.02, 
  3.11  and who is receiving or will receive care on a regular basis 
  3.12  from a licensed or legal, nonlicensed caregiver; 
  3.13     (3) is income eligible as determined by the office's 
  3.14  policies and rules, but is not a recipient of assistance from 
  3.15  the Minnesota family investment program; 
  3.16     (4) has not earned a baccalaureate degree and has been 
  3.17  enrolled full time less than eight semesters or the equivalent; 
  3.18     (5) is pursuing a nonsectarian program or course of study 
  3.19  that applies to an undergraduate degree, diploma, or 
  3.20  certificate; 
  3.21     (6) is enrolled at least half time in an eligible 
  3.22  institution; and 
  3.23     (7) is in good academic standing and making satisfactory 
  3.24  academic progress; and 
  3.25     (8) is not more than 30 days in arrears for any child 
  3.26  support payments owed by a public agency responsible for child 
  3.27  support enforcement or, if the applicant is more than 30 days in 
  3.28  arrears, is complying with a written payment agreement or order 
  3.29  for arrearages.  An agreement must provide a repayment of 
  3.30  arrearages at no less than 20 percent per month of the amount of 
  3.31  the monthly child support obligation or no less than $30 per 
  3.32  month if there is no current monthly child support obligation.  
  3.33  Compliance means that payments are made by the payment date. 
  3.34     Sec. 4.  Minnesota Statutes 2003 Supplement, section 
  3.35  136G.11, subdivision 1, is amended to read: 
  3.36     Subdivision 1.  [MATCHING GRANT QUALIFICATION.] By June 30 
  4.1   of each year, a state matching grant must be added to each 
  4.2   account established under the program if the following 
  4.3   conditions are met: 
  4.4      (1) the contributor applies, in writing in a form 
  4.5   prescribed by the director, for a matching grant; 
  4.6      (2) a minimum contribution of $200 was made during the 
  4.7   preceding calendar year; and 
  4.8      (3) the beneficiary's family meets Minnesota College 
  4.9   Savings Plan residency requirements; and 
  4.10     (4) the family income of the beneficiary did not exceed 
  4.11  $80,000. 
  4.12     Sec. 5.  Minnesota Statutes 2003 Supplement, section 
  4.13  136G.11, subdivision 3, is amended to read: 
  4.14     Subd. 3.  [RESIDENCY REQUIREMENT.] (a) If the beneficiary 
  4.15  is under age 25, the beneficiary's parents or legal guardians 
  4.16  must be Minnesota residents to qualify for a matching grant.  If 
  4.17  the beneficiary is age 25 or older, the beneficiary must be a 
  4.18  Minnesota resident to qualify for a matching grant. 
  4.19     (b) To meet the residency requirements, the parent or legal 
  4.20  guardian of beneficiaries under age 25 must have filed a 
  4.21  Minnesota individual income tax return as a Minnesota resident 
  4.22  and claimed the beneficiary as a dependent on the parent or 
  4.23  legal guardian's federal tax return for the calendar year in 
  4.24  which contributions were made.  If the beneficiary's parents are 
  4.25  divorced, the parent or legal guardian claiming the beneficiary 
  4.26  as a dependent on the federal individual income tax return must 
  4.27  be a Minnesota resident.  For beneficiaries age 25 or older, the 
  4.28  beneficiary, and a spouse, if any, must have filed a Minnesota 
  4.29  and a federal individual income tax return as a Minnesota 
  4.30  resident for the calendar year in which contributions were made. 
  4.31     (c) A parent of beneficiaries under age 25 and 
  4.32  beneficiaries age 25 or older who did not reside in Minnesota in 
  4.33  the calendar year in which contributions were made are not 
  4.34  eligible for a matching grant. 
  4.35     Sec. 6.  Minnesota Statutes 2002, section 136G.11, is 
  4.36  amended by adding a subdivision to read: 
  5.1      Subd. 3a.  [FAMILY INCOME.] (a) For purposes of this 
  5.2   section, "family income" means: 
  5.3      (1) if the beneficiary is under age 25, the combined 
  5.4   adjusted gross income of the beneficiary's parents or legal 
  5.5   guardians as reported on the federal tax return or returns for 
  5.6   the calendar year in which contributions were made.  If the 
  5.7   beneficiary's parents or legal guardians are divorced, the 
  5.8   income of the parent claiming the beneficiary as a dependent on 
  5.9   the federal individual income tax return and the income of that 
  5.10  parent's spouse, if any, is used to determine family income; or 
  5.11     (2) if the beneficiary is age 25 or older, the combined 
  5.12  adjusted gross income of the beneficiary and spouse, if any. 
  5.13     (b) For a parent or legal guardian of beneficiaries under 
  5.14  age 25 and for beneficiaries age 25 or older who resided in 
  5.15  Minnesota and filed a federal individual income tax return, the 
  5.16  matching grant must be based on family income from the calendar 
  5.17  year in which contributions were made. 
  5.18     Sec. 7.  Minnesota Statutes 2003 Supplement, section 
  5.19  136G.13, subdivision 1, is amended to read: 
  5.20     Subdivision 1.  [QUALIFIED DISTRIBUTION METHODS.] (a) 
  5.21  Qualified distributions may be made: 
  5.22     (1) directly to participating eligible educational 
  5.23  institutions on behalf of the beneficiary; or 
  5.24     (2) in the form of a check payable to both the beneficiary 
  5.25  and the eligible educational institution; or 
  5.26     (3) to an account owner. 
  5.27     (b) Qualified distributions must be withdrawn 
  5.28  proportionally from contributions and earnings in an account 
  5.29  owner's account on the date of distribution as provided in 
  5.30  section 529 of the Internal Revenue Code. 
  5.31     Sec. 8.  Minnesota Statutes 2002, section 299A.45, 
  5.32  subdivision 4, is amended to read: 
  5.33     Subd. 4.  [RENEWAL.] Each award must be given for one 
  5.34  academic year and is renewable for a maximum of eight six 
  5.35  semesters or the equivalent.  An award must not be given to a 
  5.36  dependent child who is 23 years of age or older on the first day 
  6.1   of the academic year. 
  6.2      Sec. 9.  [REPEALER.] 
  6.3      (a) Minnesota Statutes 2003 Supplement, section 136G.11, 
  6.4   subdivision 2, is repealed. 
  6.5      (b) Minnesota Rules, parts 4815.0100; 4815.0110; 4815.0120; 
  6.6   4815.0130; 4815.0140; 4815.0150; 4815.0160; 4830.8100; 
  6.7   4830.8110; 4830.8120; 4830.8130; 4830.8140; and 4830.8150, are 
  6.8   repealed.