HF 895

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education; changing the selection of the 
  1.3             board of regents and the board of trustees of the 
  1.4             Minnesota state colleges and universities; changing 
  1.5             the board of regents and the board of trustees 
  1.6             candidate advisory councils; specifying duties for the 
  1.7             advisory councils; requiring training and evaluation 
  1.8             for the board of regents and Minnesota state colleges 
  1.9             and universities board; amending Minnesota Statutes 
  1.10            1996, sections 136F.02, subdivision 1; 136F.03, 
  1.11            subdivisions 2, 3, and 4; 136F.04, subdivisions 1 and 
  1.12            4; 137.024; and 137.0245, subdivisions 2, 3, and 4; 
  1.13            proposing coding for new law in Minnesota Statutes, 
  1.14            chapters 136F; and 137. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1996, section 136F.02, 
  1.17  subdivision 1, is amended to read: 
  1.18     Subdivision 1.  [MEMBERSHIP.] The board consists of 15 
  1.19  members appointed by the governor with the advice and consent of 
  1.20  the senate.  At least one member five members of the board must 
  1.21  be a resident of each congressional district. reside in the 
  1.22  seven-county metropolitan area, and at least five members must 
  1.23  reside outside the seven-county metropolitan area.  Five members 
  1.24  shall represent the state at large, including three members must 
  1.25  be students who are enrolled at least half time in a degree, 
  1.26  diploma, or certificate program or have graduated from in an 
  1.27  institution governed by the board within one year of on the date 
  1.28  of appointment.  The student members shall include:  one member 
  1.29  from a community college, one member from a state university, 
  1.30  and one member two members from a technical college two-year 
  2.1   colleges.  The remaining members must be appointed to represent 
  2.2   the state at large.  Except for the student members, board 
  2.3   members appointed after July 1, 1997, may not be employees of 
  2.4   the Minnesota state colleges and universities or the 
  2.5   unclassified sector of the executive or legislative branches of 
  2.6   state government. 
  2.7      Sec. 2.  Minnesota Statutes 1996, section 136F.03, 
  2.8   subdivision 2, is amended to read: 
  2.9      Subd. 2.  [MEMBERSHIP.] The advisory council consists of 24 
  2.10  16 members.  Twelve Five members, including a current student, 
  2.11  are appointed by the subcommittee on committees of the committee 
  2.12  on rules and administration majority leader of the senate.  
  2.13  Twelve, five members, including a current or former faculty 
  2.14  member, are appointed by the speaker of the house of 
  2.15  representatives, and four members are appointed by the 
  2.16  governor.  One member is appointed by the minority leader of the 
  2.17  senate and one member is appointed by the minority leader of the 
  2.18  house of representatives.  No more than one-third two of the 
  2.19  members appointed by each appointing authority the majority 
  2.20  leader, speaker, or governor may be current or former 
  2.21  legislators.  No more than two-thirds of the members appointed 
  2.22  by each appointing authority may belong to the same political 
  2.23  party; however, Political activity or affiliation is not 
  2.24  required for the appointment of a member.  Geographical 
  2.25  representation must be taken into consideration when making 
  2.26  appointments.  Section 15.0575 governs the advisory council, 
  2.27  except that the nonstudent members must be appointed to six-year 
  2.28  four-year terms.  Students must be appointed to two-year terms.  
  2.29     Sec. 3.  Minnesota Statutes 1996, section 136F.03, 
  2.30  subdivision 3, is amended to read: 
  2.31     Subd. 3.  [DUTIES.] The advisory council shall: 
  2.32     (1) develop a statement of the selection criteria to be 
  2.33  applied and a description of the responsibilities and duties of 
  2.34  a member of the board and shall distribute this to potential 
  2.35  candidates; and 
  2.36     (2) for each position on the board, identify and recruit 
  3.1   qualified candidates for the board, based on the background and 
  3.2   experience of the candidates, and their potential for 
  3.3   discharging the responsibilities of a member of the 
  3.4   board.  Prior to beginning each recruitment effort, the council 
  3.5   shall assess the composition of the board to determine strengths 
  3.6   and weaknesses in the board's experience and expertise, in areas 
  3.7   such as educational technology, scholarly research, or 
  3.8   teaching.  In its recruiting efforts, the council shall direct 
  3.9   attention toward filling any identified needs. 
  3.10     Sec. 4.  Minnesota Statutes 1996, section 136F.03, 
  3.11  subdivision 4, is amended to read: 
  3.12     Subd. 4.  [RECOMMENDATIONS.] The advisory council shall 
  3.13  recommend at least two and not more than four a separate slate 
  3.14  of candidates for each seat metropolitan, nonmetropolitan, and 
  3.15  at-large seats, with no more than two candidates for each 
  3.16  available position.  By April 15 of each even-numbered year, the 
  3.17  advisory council shall submit its recommendations to the 
  3.18  governor.  The governor is not bound by these recommendations. 
  3.19     Sec. 5.  Minnesota Statutes 1996, section 136F.04, 
  3.20  subdivision 1, is amended to read: 
  3.21     Subdivision 1.  [RESPONSIBILITY.] Notwithstanding section 
  3.22  136F.03, The statewide community college student association, 
  3.23  state university student association, and technical college 
  3.24  student association associations shall each have the 
  3.25  responsibility for recruiting, screening, and recommending 
  3.26  qualified candidates for its student member members of the board 
  3.27  to the trustee candidate advisory council. 
  3.28     Sec. 6.  Minnesota Statutes 1996, section 136F.04, 
  3.29  subdivision 4, is amended to read: 
  3.30     Subd. 4.  [RECOMMENDATIONS.] Each The student association 
  3.31  associations shall recommend at least no more than two and not 
  3.32  more than four candidates for its each opening for a student 
  3.33  member.  By January 2 of the year in which its members' a 
  3.34  student member's term expires, each the student association 
  3.35  associations shall submit its recommendations to the governor 
  3.36  trustee candidate advisory council.  The governor is not bound 
  4.1   by these recommendations. 
  4.2      Sec. 7.  [136F.045] [BOARD RESPONSIBILITIES.] 
  4.3      Subdivision 1.  [WORKSHOPS.] To ensure strong governance 
  4.4   and good decision making, the legislature requests the Minnesota 
  4.5   state colleges and universities to provide workshops, seminars, 
  4.6   and other training to each new board member within a timely 
  4.7   period after appointment.  The board, faculty and student 
  4.8   organizations, the governor, the legislature, and other relevant 
  4.9   groups should be consulted in designing the training.  Content 
  4.10  of the training should include areas that assist the board 
  4.11  members in understanding the functions and responsibilities of 
  4.12  governing boards, as well as substantive topics necessary for 
  4.13  participating in college and university governance. 
  4.14     Subd. 2.  [BOARD EVALUATION.] Beginning in calendar year 
  4.15  1998 and every four years thereafter, the board of trustees 
  4.16  candidate advisory council shall contract for an independent 
  4.17  evaluation of the board of trustees' performance.  An evaluator 
  4.18  may not be an employee of Minnesota state colleges and 
  4.19  universities at the time of the selection.  The council shall 
  4.20  provide copies of the evaluation and the board response to the 
  4.21  governor and the education and education finance chairs of the 
  4.22  legislature.  The board of trustees shall reimburse the 
  4.23  legislative coordinating commission for the services of the 
  4.24  evaluator as established under the contract. 
  4.25     Sec. 8.  Minnesota Statutes 1996, section 137.024, is 
  4.26  amended to read: 
  4.27     137.024 [CONGRESSIONAL DISTRICTS REPRESENTED ON BOARD OF 
  4.28  REGENTS.] 
  4.29     At least one member four members of the board of regents of 
  4.30  the university shall be a resident of each congressional 
  4.31  district reside in the seven-county metropolitan area, and at 
  4.32  least four members shall reside outside the seven-county 
  4.33  metropolitan area.  The remaining four members, including the 
  4.34  student member, shall serve the state at large. 
  4.35     Sec. 9.  [137.0241] [ELECTION OF REGENTS.] 
  4.36     The legislature shall elect members to the board of regents 
  5.1   by March 1 of each odd-numbered year.  This section does not 
  5.2   apply to vacancies. 
  5.3      Sec. 10.  Minnesota Statutes 1996, section 137.0245, 
  5.4   subdivision 2, is amended to read: 
  5.5      Subd. 2.  [MEMBERSHIP.] The regent candidate advisory 
  5.6   council shall consist of 24 16 members.  Twelve Five members, 
  5.7   including a current or former faculty member, shall be appointed 
  5.8   by the subcommittee on committees of the committee on rules and 
  5.9   administration majority leader of the senate.  Twelve, five 
  5.10  members, including a current student, shall be appointed by the 
  5.11  speaker of the house of representatives, and four members shall 
  5.12  be appointed by the governor.  One member shall be appointed by 
  5.13  the minority leader of the senate and one member shall be 
  5.14  appointed by the minority leader of the house of 
  5.15  representatives.  No more than one-third two of the members 
  5.16  appointed by each appointing authority the majority leader, 
  5.17  speaker, or governor may be current or former legislators.  No 
  5.18  more than two-thirds of the members appointed by each appointing 
  5.19  authority may belong to the same political party; however, 
  5.20  Political activity or affiliation is not required for the 
  5.21  appointment of any member.  Geographical representation must be 
  5.22  taken into consideration when making appointments.  Section 
  5.23  15.0575 shall govern the advisory council, except that 
  5.24  the nonstudent members shall be appointed to six-year four-year 
  5.25  terms with one-third appointed each even-numbered year.  Student 
  5.26  members must be appointed to two-year terms. 
  5.27     Sec. 11.  Minnesota Statutes 1996, section 137.0245, 
  5.28  subdivision 3, is amended to read: 
  5.29     Subd. 3.  [DUTIES.] The advisory council shall: 
  5.30     (1) develop, in consultation with current and former 
  5.31  regents and the administration of the University of Minnesota, a 
  5.32  statement of the selection criteria to be applied and a 
  5.33  description of the responsibilities and duties of a regent, and 
  5.34  shall distribute this to potential candidates; and 
  5.35     (2) for each position on the board, identify and recruit 
  5.36  qualified candidates for the board of regents, based on the 
  6.1   background and experience of the candidates, and their potential 
  6.2   for discharging the responsibilities of a member of the board of 
  6.3   regents.  Prior to beginning each recruitment effort, the 
  6.4   council shall assess the composition of the board to determine 
  6.5   strengths and weaknesses in the board's experience and 
  6.6   expertise, in areas such as educational technology, scholarly 
  6.7   research, or teaching.  In its recruiting efforts, the council 
  6.8   shall direct attention toward filling any identified needs. 
  6.9      Sec. 12.  Minnesota Statutes 1996, section 137.0245, 
  6.10  subdivision 4, is amended to read: 
  6.11     Subd. 4.  [RECOMMENDATIONS.] The advisory council shall 
  6.12  recommend at least two and not more than four a separate slate 
  6.13  of candidates for metropolitan, nonmetropolitan, and at-large 
  6.14  seats, with no more than two candidates for each available 
  6.15  position.  By March 15 February 1 of each odd-numbered year, the 
  6.16  advisory council shall submit its recommendations to the 
  6.17  president of the senate and the speaker of the house of 
  6.18  representatives.  The legislature shall not be bound by these 
  6.19  recommendations. 
  6.20     Sec. 13.  [137.0247] [BOARD RESPONSIBILITIES.] 
  6.21     Subdivision 1.  [WORKSHOPS.] To ensure strong governance 
  6.22  and good decision making, the legislature requests the 
  6.23  University of Minnesota to provide workshops, seminars, and 
  6.24  other training to each new board member within a timely period 
  6.25  after appointment.  The board, faculty and student 
  6.26  organizations, the governor, the legislature, and other relevant 
  6.27  groups should be consulted in designing the training.  Content 
  6.28  of the training should include areas that assist the board 
  6.29  members in understanding the functions and responsibilities of 
  6.30  governing boards, as well as substantive topics necessary for 
  6.31  participating in university governance. 
  6.32     Subd. 2.  [BOARD EVALUATION.] Beginning in calendar year 
  6.33  1998 and every four years thereafter, the regent candidate 
  6.34  advisory council shall contract for an independent evaluation of 
  6.35  the board of regents' performance.  An evaluator may not be an 
  6.36  employee of the University of Minnesota at the time of the 
  7.1   selection.  The council shall provide copies of the evaluation 
  7.2   together with the board response to the governor and the 
  7.3   education and education finance chairs of the legislature.  The 
  7.4   board of regents shall reimburse the legislative coordinating 
  7.5   commission for the services of the evaluator as established 
  7.6   under the contract. 
  7.7      Sec. 14.  [REMOVAL OF BOARD MEMBERS.] 
  7.8      By February 15, 1998, the board of regents shall recommend 
  7.9   to the governor and the legislature criteria and procedures for 
  7.10  the removal of board members prior to the expiration of their 
  7.11  terms. 
  7.12     Sec. 15.  [TRANSITION OF COUNCIL MEMBERS.] 
  7.13     Terms of all current members of the regent candidate 
  7.14  advisory council and the Minnesota state college and university 
  7.15  candidate advisory council are terminated on June 30, 1997.  By 
  7.16  July 1, 1997, the speaker of the house, the majority leader of 
  7.17  the senate, the minority leaders of the house and senate, and 
  7.18  the governor shall make their appointments to the councils.  
  7.19  These appointments may include current council members.  The 
  7.20  majority leader of the senate and the speaker of the house shall 
  7.21  each appoint three members to four-year initial terms and two 
  7.22  members to two-year initial terms.  The governor shall appoint 
  7.23  two members to four-year initial terms and two members to 
  7.24  two-year initial terms.  The house and senate minority leaders 
  7.25  shall appoint members to four-year initial terms. 
  7.26     Sec. 16.  [TRANSITION OF BOARD MEMBERS.] 
  7.27     For purposes of the transition of members of the board of 
  7.28  regents and the board of trustees from congressional district 
  7.29  seats to regional seats, board members representing the first, 
  7.30  second, seventh, and eighth districts are deemed to be residents 
  7.31  outside the seven-county metropolitan area.  Board members 
  7.32  representing the third, fourth, fifth, and sixth districts are 
  7.33  deemed to be residents of the seven-county metropolitan area.  
  7.34  As these members' terms expire or their seats become vacant, the 
  7.35  seats shall be filled by board members appointed or elected as 
  7.36  representatives of the appropriate geographic region. 
  8.1      Sec. 17.  [EFFECTIVE DATE.] 
  8.2      Sections 1 to 16 are effective the day following final 
  8.3   enactment.