HF 742

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to higher education; requiring legislative 
  1.3             approval for certain fees; amending Minnesota Statutes 
  1.4             2002, sections 16A.1283; 136F.70, subdivision 2; 
  1.5             137.02, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 16A.1283, is 
  1.8   amended to read: 
  1.9      16A.1283 [LEGISLATIVE APPROVAL REQUIRED.] 
  1.10     (a) Notwithstanding any law to the contrary, an executive 
  1.11  branch state agency may not impose a new fee or increase an 
  1.12  existing fee unless the new fee or increase is approved by law.  
  1.13  For purposes of this section, a fee is any charge for goods, 
  1.14  services, regulation, or licensure, and, notwithstanding 
  1.15  paragraph (b), clause (3) (2), includes charges for admission to 
  1.16  or for use of public facilities owned by the state. 
  1.17     (b) This section does not apply to: 
  1.18     (1) charges billed within or between state agencies, or 
  1.19  billed to federal agencies; 
  1.20     (2) the Minnesota state colleges and universities system; 
  1.21     (3) charges for goods and services provided for the direct 
  1.22  and primary use of a private individual, business, or other 
  1.23  entity; or 
  1.24     (4) (3) charges that authorize use of state-owned lands and 
  1.25  minerals administered by the commissioner of natural resources 
  2.1   by the issuance of leases, easements, cooperative farming 
  2.2   agreements, and land and water crossing licenses and charges for 
  2.3   sales of state-owned lands administered by the commissioner of 
  2.4   natural resources. 
  2.5      (c) An executive branch agency may reduce a fee that was 
  2.6   set by rule before July 1, 2001, without legislative approval.  
  2.7   Chapter 14 does not apply to fee reductions under this paragraph.
  2.8      Sec. 2.  Minnesota Statutes 2002, section 136F.70, 
  2.9   subdivision 2, is amended to read: 
  2.10     Subd. 2.  [FEES.] The board may prescribe fees to be 
  2.11  charged students for student unions, state college and 
  2.12  university activities, functions, and purposes.  All mandatory 
  2.13  student fees that are assessed as a condition of enrollment must 
  2.14  be submitted to the legislature and approved by law.  Tuition is 
  2.15  not a mandatory fee under this subdivision. 
  2.16     Sec. 3.  Minnesota Statutes 2002, section 137.02, is 
  2.17  amended by adding a subdivision to read: 
  2.18     Subd. 5.  [APPROVAL OF STUDENT FEES.] The board of regents 
  2.19  must submit to the legislature all mandatory student fees that 
  2.20  are assessed as a condition of enrollment.  Mandatory student 
  2.21  fees must be approved by law.  Tuition is not a mandatory fee 
  2.22  under this subdivision.