Minnesota Legislature
HF 1091
as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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| Introduction | Posted on 02/17/2005 |
Current Version - as introduced
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A bill for an act
relating to higher education; providing the option for
a state college or university to elect
self-governance; providing for the administration of
an independent state college or university; providing
state aid for higher education; appropriating money;
amending Minnesota Statutes 2004, sections 135A.053,
subdivision 2; 136F.16, subdivision 1; 179A.10, by
adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapter 135A; proposing coding for
new law as Minnesota Statutes, chapter 136H; repealing
Minnesota Statutes 2004, sections 135A.01; 135A.031;
135A.032; 135A.033.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
INDEPENDENT COLLEGES AND UNIVERSITIES
Section 1.
Minnesota Statutes 2004, section 136F.16,
subdivision 1, is amended to read:
Subdivision 1.
New state colleges and universities.
A
new state college or university shall be established only by
specific legislation. For the purposes of this subdivision,
campuses or centers that are merged or reorganized under section
136F.14 new text begin or elect independence under chapter 136H new text end are not new
state colleges or universities.
Sec. 2.
new text begin
[136H.01] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
For the purpose of this chapter,
the terms defined in this section have the meanings given them
in this section.
new text end
new text begin Subd. 2. new text end
new text begin Board. new text end
new text begin
"Board" means the governing board of a
state college or university electing independence under this
chapter.
new text end
new text begin Subd. 3. new text end
new text begin College. new text end
new text begin
"College" means a state college
electing independence under this chapter.
new text end
new text begin Subd. 4. new text end
new text begin University. new text end
new text begin
"University" means a state
university electing independence under this chapter.
new text end
Sec. 3.
new text begin
[136H.02] ELECTION TO BE INDEPENDENT STATE
COLLEGE OR UNIVERSITY.
new text end
new text begin Subdivision 1. new text end
new text begin Local option to be independent. new text end
new text begin
A state
college or university may elect to be governed by its own board
rather than by the Board of Trustees of the Minnesota State
Colleges and Universities. The election must be made as
provided by this section.
new text end
new text begin Subd. 2. new text end
new text begin Election requirements. new text end
new text begin
An election for local
college or university independence must be approved by at least
two of the following:
new text end
new text begin
(1) a majority of eligible students voting. An eligible
student is one who is enrolled as a full-time student for the
semester in which the student election for independence occurs;
new text end
new text begin
(2) a majority of tenured faculty at the college or
university who vote on the independence; and
new text end
new text begin
(3) the president of the college or university.
new text end
new text begin
The local administration of a state college or university
may establish procedures for the manner of determining the
approval required by clauses (1) to (3) and for determining and
verifying voter eligibility.
new text end
new text begin Subd. 3. new text end
new text begin When election effective. new text end
new text begin
The independence
approved by subdivision 2 takes effect on July 1 in the next
following odd-numbered year in which the state's fiscal biennium
commences, provided that the election is made at least six
months prior to that July 1. Otherwise, the election is
effective at the beginning of the second succeeding state fiscal
biennium.
new text end
new text begin Subd. 4. new text end
new text begin Effect of approval. new text end
new text begin
An independent college or
university is governed by this chapter.
new text end
Sec. 4.
new text begin
[136H.03] BOARD OF TRUSTEES.
new text end
new text begin Subdivision 1. new text end
new text begin Membership. new text end
new text begin
A board consists of 15
members appointed by the governor with the advice and consent of
the senate. At least eight of the members of the board must be
residents of a county where the college or university is located
or a contiguous county. Three members must be students who are
enrolled at least half time in a degree, diploma, or certificate
program or have graduated from the college or university within
one year of the date of appointment.
new text end
new text begin Subd. 2. new text end
new text begin Term; compensation; removal; vacancies. new text end
new text begin
The
compensation, removal of members, and filling of vacancies on a
board are as provided in section 15.0575. Members are appointed
for a term of six years, except that the term of each of the
student members is two years. The terms of original nonstudent
members shall be staggered as equally as possible between two,
four, and six-year terms. Terms end on June 30, except that
members may serve until their successors are appointed.
new text end
new text begin Subd. 3. new text end
new text begin Board administration. new text end
new text begin
The board shall elect a
chair and other officers as it may desire. It shall determine
its meeting dates and places.
new text end
new text begin Subd. 4. new text end
new text begin Advisory council. new text end
new text begin
Subject to this section, the
candidate advisory council created by section 136F.03 shall
assist the governor in determining criteria for, and identifying
and recruiting qualified candidates for, nonstudent members on a
board.
new text end
Sec. 5.
new text begin
[136H.04] POWERS AND DUTIES.
new text end
new text begin Subdivision 1. new text end
new text begin General authority. new text end
new text begin
A board has the power
necessary to govern the college or university and all related
property. Those powers shall include, but are not limited to,
those enumerated in this section. A board shall prescribe
conditions of admission, set tuition and fees, approve programs
of study and requirements for completion of programs, approve
the awarding of appropriate certificates, diplomas, and degrees,
enter into contracts and other agreements, and adopt suitable
policies for the institutions it governs. Sections 14.01 to
14.47 do not apply to policies and procedures of a board.
new text end
new text begin Subd. 2. new text end
new text begin Governance authority. new text end
new text begin
A board shall have the
authority needed to operate and govern a college or university
unless otherwise directed or prohibited by law. A board is
responsible for its operations and necessary decisions unless
these are specifically delegated by law to a state department or
agency.
new text end
Sec. 6.
new text begin
[136H.05] PRESIDENT.
new text end
new text begin
A board shall appoint a president who shall serve in the
unclassified service. The president shall possess powers and
perform duties as delegated by the board.
new text end
Sec. 7.
new text begin
[136H.06] STUDENT HEALTH.
new text end
new text begin Subdivision 1. new text end
new text begin Health service. new text end
new text begin
A board shall offer
health services for students at a state university and may offer
health services for students at a state college. The health
services may be offered either on campus or in the nearby
community. A board may charge each student a health service fee
set by the board. The fees shall be used to maintain the health
service and equip and construct facilities. The fee may be used
to contract for health, medical, and hospitalization insurance
for students. The fees shall be deposited in an activity fund
and are annually appropriated to a board for the purposes of
this subdivision. Each college and university shall provide an
annual financial accounting of the health service money to its
board.
new text end
new text begin Subd. 2. new text end
new text begin Health benefits. new text end
new text begin
A board may contract for
hospital benefits coverage and medical benefits coverage for
students in a state college or university in the same manner as
authorized by section 43A.23 for state employees.
new text end
Sec. 8.
new text begin
[136H.07] APPOINTMENT OF PERSONNEL.
new text end
new text begin Subdivision 1. new text end
new text begin Appointment procedure. new text end
new text begin
A board shall
appoint all teachers and other necessary employees and shall
prescribe their duties consistent with chapter 43A. Salaries
and benefits of employees must be determined according to
chapters 43A and 179A and other applicable provisions.
new text end
new text begin Subd. 2. new text end
new text begin Contracts. new text end
new text begin
(a) A board may enter into a
contract with a president containing terms and conditions of
employment. The terms of the contract must be authorized under
a plan approved under section 43A.18, subdivision 3a.
new text end
new text begin
(b) Notwithstanding section 43A.17, subdivision 11, or
other law to the contrary, a contract under this section may
provide a liquidated salary amount or other compensation if a
contract is terminated by the board prior to its expiration.
new text end
new text begin
(c) Notwithstanding section 356.24 or other law to the
contrary, a contract under this section may contain a deferred
compensation plan made in conformance with section 457(f) of the
Internal Revenue Code.
new text end
new text begin Subd. 3. new text end
new text begin Equal treatment. new text end
new text begin
A board of an independent
college or university shall, with respect to its employees, have
the same powers and obligations under this section as does the
Board of Trustees of the Minnesota State Colleges and
Universities and shall be treated in that fashion by other state
agencies.
new text end
Sec. 9.
Minnesota Statutes 2004, section 179A.10, is
amended by adding a subdivision to read:
new text begin Subd. 2a. new text end
new text begin Independent state college or university. new text end
new text begin
The
appropriate units for employees of an independent state college
or university governed by chapter 136H shall be the same as
those for other state colleges or universities except that each
independent college or university shall be bargained with
separately and not as part of a statewide unit.
new text end
Sec. 10. new text begin TRANSFER OF PROPERTY; ASSETS AND OBLIGATIONS.
new text end
new text begin
The Board of Trustees of the Minnesota State Colleges and
Universities must transfer property to a board and enter into
contracts and cooperate with a board so that a board may carry
out its duties under Minnesota Statutes, chapter 136H.
new text end
Sec. 11. new text begin BOARD AUTHORITY.
new text end
new text begin
A board has, in addition to other powers granted to it, the
same powers and duties with respect to a college or university
as the Board of Trustees of the Minnesota State Colleges and
Universities has with respect to state colleges and
universities. This includes, without limitation, powers related
to programs, property, and personnel of a college or university.
new text end
ARTICLE 2
STATE AID FOR HIGHER EDUCATION
Section 1.
new text begin
[135A.035] FUNDING FORMULA FOR STATE COLLEGES
AND UNIVERSITIES.
new text end
new text begin
A state college or university, including an independent
state college or university, shall receive $....... in state aid
each fiscal year for each estimated full-year equivalent
student. No additions or subtractions in the state aid amount
for a college or university shall be made unless expressly
authorized by law.
new text end
Sec. 2.
Minnesota Statutes 2004, section 135A.053,
subdivision 2, is amended to read:
Subd. 2.
Performance and accountability.
Higher
education systems and campuses are expected to achieve the
objectives in subdivision 1 and will be held accountable for
doing so. The legislature is increasing the flexibility of the
systems and campuses to provide greater responsibility to higher
education in deciding how to achieve statewide objectives, and
to decentralize authority so that those decisions can be made at
the level where the education is delivered. To demonstrate
their accountability, the legislature expects each system and
campus to measure and report on its performance, using
meaningful indicators that are critical to achieving the
objectives in subdivision 1deleted text begin , as provided in section 135A.033deleted text end .
Nothing in this section precludes a system or campus from
determining its own objectives and performance measures beyond
those identified in this section.