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HF 2278

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act
  1.2             relating to education; making certain changes in the 
  1.3             composition of the board of regents and the Minnesota 
  1.4             state college and university board; specifying certain 
  1.5             responsibilities of board members; changing the 
  1.6             candidate advisory council's membership; amending 
  1.7             Minnesota Statutes 1994, sections 137.023; and 
  1.8             137.0245, subdivisions 2 and 4; Minnesota Statutes 
  1.9             1995 Supplement, sections 136F.02, subdivision 1; and 
  1.10            136F.03, subdivisions 2 and 4; proposing coding for 
  1.11            new law in Minnesota Statutes, chapters 136F; and 137. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.14  136F.02, subdivision 1, is amended to read: 
  1.15     Subdivision 1.  [MEMBERSHIP.] The board consists of 15 
  1.16  members appointed by the governor with the advice and consent of 
  1.17  the senate.  At least one member of the board must be a resident 
  1.18  of each congressional district.  Three members must be students 
  1.19  who are enrolled at least half time in a degree, diploma, or 
  1.20  certificate program or have graduated from an institution 
  1.21  governed by the board within one year of the date of 
  1.22  appointment.  The student members shall include:  one member 
  1.23  from a community college, one member from a state university, 
  1.24  and one member from a technical college.  The remaining members 
  1.25  must be appointed to represent the state at large.  One at-large 
  1.26  member, at the time of election, shall be a faculty member at a 
  1.27  public college or university located outside of Minnesota.  One 
  1.28  at-large member shall have expertise in instructional 
  2.1   technology, telecommunications, or other technology relevant to 
  2.2   Minnesota state college and university operations. 
  2.3      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.4   136F.03, subdivision 2, is amended to read: 
  2.5      Subd. 2.  [MEMBERSHIP.] The advisory council consists of 24 
  2.6   14 members.  Twelve Four members are appointed by the 
  2.7   subcommittee on committees of the committee on rules and 
  2.8   administration majority leader of the senate.  Twelve, four 
  2.9   members are appointed by the speaker of the house of 
  2.10  representatives, and four members are appointed by the 
  2.11  governor.  One member shall be appointed by the minority leader 
  2.12  of the senate and one member shall be appointed by the minority 
  2.13  leader of the house of representatives.  No more than one-third 
  2.14  of the members appointed by each appointing authority the 
  2.15  majority leader, speaker, or governor may be current or former 
  2.16  legislators.  No more than two-thirds three-fourths of the 
  2.17  members appointed by each appointing authority with multiple 
  2.18  appointments may belong to the same political party; however, 
  2.19  political activity or affiliation is not required for the 
  2.20  appointment of a member.  Geographical representation must be 
  2.21  taken into consideration when making appointments.  Section 
  2.22  15.0575 governs the advisory council, except that the members 
  2.23  must be appointed to six-year four-year terms.  
  2.24     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  2.25  136F.03, subdivision 4, is amended to read: 
  2.26     Subd. 4.  [RECOMMENDATIONS.] The advisory council shall 
  2.27  recommend at least two and not more than four candidates for 
  2.28  each seat, except that in the case of an incumbent trustee 
  2.29  seeking reappointment, the council shall automatically forward 
  2.30  the name of the incumbent without council review, together with 
  2.31  at least one other candidate.  By April 15 of each even-numbered 
  2.32  year, the advisory council shall submit its recommendations to 
  2.33  the governor.  The governor is not bound by these 
  2.34  recommendations. 
  2.35     Sec. 4.  [136F.045] [BOARD RESPONSIBILITIES.] 
  2.36     Subdivision 1.  [WORKSHOPS.] Each new member of the board 
  3.1   shall complete at least 15 hours of workshops, seminars, or 
  3.2   other training within six weeks of the member's election.  
  3.3   Training shall be determined by the Minnesota state college and 
  3.4   university administration, in consultation with the board, 
  3.5   faculty, and higher education funding divisions of the 
  3.6   legislature.  Training shall include areas that assist the board 
  3.7   members in understanding the functions and responsibilities of 
  3.8   governing boards, as well as substantive topics necessary for 
  3.9   participating in college and university governance. 
  3.10     Subd. 2.  [BOARD EVALUATION.] Beginning in calendar year 
  3.11  1996 and every four years thereafter, the board shall contract 
  3.12  for an independent evaluation of its performance.  The board 
  3.13  shall select the evaluators, but no evaluator may be an employee 
  3.14  of Minnesota state colleges and universities at the time of the 
  3.15  selection.  The board shall provide copies of the evaluation to 
  3.16  the governor and the legislature. 
  3.17     Subd. 3.  [ABSENCE OF MEMBERS.] If any board member is 
  3.18  absent from regularly scheduled board meetings for two 
  3.19  consecutive months, the board shall notify the governor and the 
  3.20  chairs of the higher education funding divisions of the 
  3.21  legislature. 
  3.22     Sec. 5.  Minnesota Statutes 1994, section 137.023, is 
  3.23  amended to read: 
  3.24     137.023 [UNIVERSITY STUDENT REPRESENTATION ON BOARD OF 
  3.25  REGENTS.] 
  3.26     In electing members of the board of regents pursuant to 
  3.27  article 13, section 3, of the Constitution of the state of 
  3.28  Minnesota, and Territorial Laws 1851, chapter 3, section 5, one 
  3.29  member of the board of regents of the university shall be a 
  3.30  person who at the time of election to the board is a student who 
  3.31  is enrolled in a degree program at the university.  This 
  3.32  person One member, at the time of election, shall be a faculty 
  3.33  member at a public college or university located outside of 
  3.34  Minnesota.  One member shall have expertise in instructional 
  3.35  technology, telecommunications, or other technology relevant to 
  3.36  the university operations.  These three members shall represent 
  4.1   the state at large.  Upon expiration of the term or in the event 
  4.2   of a vacancy in the office, one position shall be filled by a 
  4.3   person having the same qualifications. 
  4.4      Sec. 6.  Minnesota Statutes 1994, section 137.0245, 
  4.5   subdivision 2, is amended to read: 
  4.6      Subd. 2.  [MEMBERSHIP.] The regent candidate advisory 
  4.7   council shall consist of 24 14 members.  Twelve Four members 
  4.8   shall be appointed by the subcommittee on committees of the 
  4.9   committee on rules and administration majority leader of the 
  4.10  senate.  Twelve, four members shall be appointed by the speaker 
  4.11  of the house of representatives, and four members shall be 
  4.12  appointed by the governor.  One member shall be appointed by the 
  4.13  minority leader of the senate and one member shall be appointed 
  4.14  by the minority leader of the house of representatives.  No more 
  4.15  than one-third of the members appointed by each appointing 
  4.16  authority the majority leader, speaker, or governor may be 
  4.17  current or former legislators.  No more than two-thirds 
  4.18  three-fourths of the members appointed by each appointing 
  4.19  authority with multiple appointments may belong to the same 
  4.20  political party; however, political activity or affiliation is 
  4.21  not required for the appointment of any member.  Geographical 
  4.22  representation must be taken into consideration when making 
  4.23  appointments.  Section 15.0575 shall govern the advisory 
  4.24  council, except that the members shall be appointed to six-year 
  4.25  four-year terms with one-third appointed each even-numbered year.
  4.26     Sec. 7.  Minnesota Statutes 1994, section 137.0245, 
  4.27  subdivision 4, is amended to read: 
  4.28     Subd. 4.  [RECOMMENDATIONS.] The advisory council shall 
  4.29  recommend at least two and not more than four candidates for 
  4.30  each seat, except that in the case of an incumbent regent 
  4.31  seeking reelection, the council shall automatically forward the 
  4.32  name of the incumbent without council review, together with at 
  4.33  least one other candidate.  By March 15 of each odd-numbered 
  4.34  year, the advisory council shall submit its recommendations to 
  4.35  the president of the senate and the speaker of the house of 
  4.36  representatives.  The legislature shall not be bound by these 
  5.1   recommendations. 
  5.2      Sec. 8.  [137.0247] [BOARD RESPONSIBILITIES.] 
  5.3      Subdivision 1.  [WORKSHOPS.] Each new member of the board 
  5.4   shall complete at least 15 hours of workshops, seminars, or 
  5.5   other training within six weeks of the member's election.  
  5.6   Training shall be determined by the university administration, 
  5.7   in consultation with the board, faculty, and the higher 
  5.8   education funding divisions of the legislature.  Training shall 
  5.9   include areas that assist the board members in understanding the 
  5.10  functions and responsibilities of governing boards, as well as 
  5.11  substantive topics necessary for participating in university 
  5.12  governance. 
  5.13     Subd. 2.  [BOARD EVALUATION.] Beginning in calendar year 
  5.14  1996 and every four years thereafter, the board shall contract 
  5.15  for an independent evaluation of its performance.  The board 
  5.16  shall select the evaluators, but no evaluator may be an employee 
  5.17  of the university at the time of the selection.  The board shall 
  5.18  provide copies of the evaluation to the governor and the 
  5.19  legislature. 
  5.20     Subd. 3.  [ABSENCE OF MEMBERS.] If any board member is 
  5.21  absent from regularly scheduled board meetings for two 
  5.22  consecutive months, the board shall notify the chairs of the 
  5.23  higher education funding divisions of the legislature. 
  5.24     Sec. 9.  [TRANSITION OF BOARD MEMBERS.] 
  5.25     Changes in board membership under sections 2 and 6 shall 
  5.26  occur with the next vacancies in at-large positions on each 
  5.27  board for which no incumbent seeks reelection.  The initial 
  5.28  vacancy on each board shall be designated for the member with 
  5.29  expertise in technology.  The second vacancy shall be designated 
  5.30  for the outside faculty member. 
  5.31     Sec. 10.  [TRANSITION OF COUNCIL MEMBERS.] 
  5.32     Terms of all current members of the regent candidate 
  5.33  advisory council and the Minnesota state college and university 
  5.34  candidate advisory council are terminated on June 30, 1996.  By 
  5.35  July 1, 1996, the speaker of the house, the majority leader of 
  5.36  the senate, the minority leaders of the house and senate, and 
  6.1   the governor shall make their appointments to the councils.  
  6.2   These appointments may include current council members.  
  6.3   Appointing authorities shall stagger the terms of their 
  6.4   appointments so that, as nearly as possible, one-half of the 
  6.5   members' terms expire every two years. 
  6.6      Sec. 11.  [EFFECTIVE DATE.] 
  6.7      Sections 1 to 10 are effective the day following final 
  6.8   enactment.