HF 2829

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; making changes to the board of 
  1.3             regents and Minnesota state colleges and universities 
  1.4             board candidate advisory councils; specifying duties 
  1.5             for the advisory councils; requiring training and 
  1.6             evaluation for the board of regents and Minnesota 
  1.7             state colleges and universities board; making changes 
  1.8             to the state council on vocational education; amending 
  1.9             Minnesota Statutes 1994, section 137.0245, 
  1.10            subdivisions 2, 3, and 4; Minnesota Statutes 1995 
  1.11            Supplement, sections 136F.03, subdivisions 2, 3, and 
  1.12            4; and 136F.56, subdivisions 1, 2, 6, 7, and by adding 
  1.13            a subdivision; proposing coding for new law in 
  1.14            Minnesota Statutes, chapters 136F; and 137. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.17  136F.03, subdivision 2, is amended to read: 
  1.18     Subd. 2.  [MEMBERSHIP.] The advisory council consists of 24 
  1.19  14 members.  Twelve Four members are appointed by the 
  1.20  subcommittee on committees of the committee on rules and 
  1.21  administration majority leader of the senate.  Twelve, four 
  1.22  members are appointed by the speaker of the house of 
  1.23  representatives, and four members are appointed by the 
  1.24  governor.  One member shall be appointed by the minority leader 
  1.25  of the senate and one member shall be appointed by the minority 
  1.26  leader of the house of representatives.  No more than one-third 
  1.27  of the members appointed by each appointing authority the 
  1.28  majority leader, speaker, or governor may be current or former 
  1.29  legislators.  No more than two-thirds three-fourths of the 
  1.30  members appointed by each appointing authority with multiple 
  2.1   appointments may belong to the same political party; however, 
  2.2   political activity or affiliation is not required for the 
  2.3   appointment of a member.  Geographical representation must be 
  2.4   taken into consideration when making appointments.  Section 
  2.5   15.0575 governs the advisory council, except that the members 
  2.6   must be appointed to six-year four-year terms.  
  2.7      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.8   136F.03, subdivision 3, is amended to read: 
  2.9      Subd. 3.  [DUTIES.] The advisory council shall: 
  2.10     (1) develop a statement of the selection criteria to be 
  2.11  applied and a description of the responsibilities and duties of 
  2.12  a member of the board and shall distribute this to potential 
  2.13  candidates; and 
  2.14     (2) for each position on the board, identify and recruit 
  2.15  qualified candidates for the board, based on the background and 
  2.16  experience of the candidates, and their potential for 
  2.17  discharging the responsibilities of a member of the 
  2.18  board.  Prior to beginning each recruitment effort, the council 
  2.19  shall assess the composition of the board to determine strengths 
  2.20  and weaknesses in the board's experience and expertise, in areas 
  2.21  such as educational technology, scholarly research, or teaching. 
  2.22  In its recruiting efforts, the council shall direct attention 
  2.23  toward filling any identified needs. 
  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 following council review, together 
  2.31  with at least one and no more than four other candidates.  By 
  2.32  April 15 of each even-numbered year, the advisory council shall 
  2.33  submit its recommendations to the governor.  The governor is not 
  2.34  bound by these recommendations. 
  2.35     Sec. 4.  [136F.045] [BOARD RESPONSIBILITIES.] 
  2.36     Subdivision 1.  [WORKSHOPS.] To ensure strong governance 
  3.1   and good decision making, the legislature requests the Minnesota 
  3.2   state colleges and universities to provide workshops, seminars, 
  3.3   and other training to each new board member within a timely 
  3.4   period after appointment.  The board, faculty and student 
  3.5   organizations, the governor, the legislature, and other relevant 
  3.6   groups should be consulted in designing the training.  Content 
  3.7   of the training should include areas that assist the board 
  3.8   members in understanding the functions and responsibilities of 
  3.9   governing boards, as well as substantive topics necessary for 
  3.10  participating in college and university governance. 
  3.11     Subd. 2.  [BOARD EVALUATION.] Beginning in calendar year 
  3.12  1996 and every four years thereafter, the board shall contract 
  3.13  for an independent evaluation of its performance.  The board 
  3.14  shall select the evaluator, in consultation with the chairs of 
  3.15  the higher education funding divisions of the legislature, but 
  3.16  no evaluator may be an employee of Minnesota state colleges and 
  3.17  universities at the time of the selection.  The board shall 
  3.18  provide copies of the evaluation together with its response to 
  3.19  the governor and the legislature. 
  3.20     Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  3.21  136F.56, subdivision 1, is amended to read: 
  3.22     Subdivision 1.  [STATE AGENCY PURPOSE AND DUTIES.] The 
  3.23  state council on vocational technical education, formerly known 
  3.24  as the Minnesota state advisory council for vocational 
  3.25  education, is a state agency in the executive branch.  Its 
  3.26  purpose is to implement section 112 of the Carl D. Perkins 
  3.27  Vocational Education Act of 1984, United States Code, title 20, 
  3.28  section 2322, and other purposes necessary to improve and 
  3.29  promote vocational technical education. 
  3.30     Sec. 6.  Minnesota Statutes 1995 Supplement, section 
  3.31  136F.56, subdivision 2, is amended to read: 
  3.32     Subd. 2.  [MEMBERS; TERMS.] The governor shall appoint the 
  3.33  members of the council according to United States Code, title 
  3.34  20, section 2322.  Except as otherwise provided by that act, 
  3.35  Members are governed by section 15.0575.  The council consists 
  3.36  of 16 members appointed to four-year terms.  The members must be 
  4.1   people who have an interest or expertise in vocational technical 
  4.2   education.  One-half of the members shall be from the private 
  4.3   sector.  Geographical diversity must be taken into consideration 
  4.4   by the governor in making appointments. 
  4.5      Sec. 7.  Minnesota Statutes 1995 Supplement, section 
  4.6   136F.56, is amended by adding a subdivision to read: 
  4.7      Subd. 2a.  [COUNCIL OPERATION.] The council shall establish 
  4.8   its rules of operation, which must include provisions for public 
  4.9   input. 
  4.10     Sec. 8.  Minnesota Statutes 1995 Supplement, section 
  4.11  136F.56, subdivision 6, is amended to read: 
  4.12     Subd. 6.  [FISCAL AGENT.] The board Minnesota state 
  4.13  colleges and universities shall act as fiscal agent for the 
  4.14  council and provide other support services necessary for 
  4.15  disbursements, accounting, auditing, and reporting. 
  4.16     Sec. 9.  Minnesota Statutes 1995 Supplement, section 
  4.17  136F.56, subdivision 7, is amended to read: 
  4.18     Subd. 7.  [STAFF.] The council may employ an executive 
  4.19  director and other staff needed to carry out its duties.  The 
  4.20  executive director shall serve serves in the unclassified 
  4.21  service and may be paid an allowance not to exceed $2,000 
  4.22  annually for miscellaneous expenses in connection with duties of 
  4.23  the office. The council may contract with professional, 
  4.24  technical, and clerical consultants and interns needed to carry 
  4.25  out its functions. 
  4.26     Sec. 10.  Minnesota Statutes 1994, section 137.0245, 
  4.27  subdivision 2, is amended to read: 
  4.28     Subd. 2.  [MEMBERSHIP.] The regent candidate advisory 
  4.29  council shall consist of 24 14 members.  Twelve Four members 
  4.30  shall be appointed by the subcommittee on committees of the 
  4.31  committee on rules and administration majority leader of the 
  4.32  senate.  Twelve, four members shall be appointed by the speaker 
  4.33  of the house of representatives, and four members shall be 
  4.34  appointed by the governor.  One member shall be appointed by the 
  4.35  minority leader of the senate and one member shall be appointed 
  4.36  by the minority leader of the house of representatives.  No more 
  5.1   than one-third of the members appointed by each appointing 
  5.2   authority the majority leader, speaker, or governor may be 
  5.3   current or former legislators.  No more than two-thirds 
  5.4   three-fourths of the members appointed by each appointing 
  5.5   authority with multiple appointments may belong to the same 
  5.6   political party; however, political activity or affiliation is 
  5.7   not required for the appointment of any member.  Geographical 
  5.8   representation must be taken into consideration when making 
  5.9   appointments.  Section 15.0575 shall govern the advisory 
  5.10  council, except that the members shall be appointed to six-year 
  5.11  four-year terms with one-third appointed each even-numbered year.
  5.12     Sec. 11.  Minnesota Statutes 1994, section 137.0245, 
  5.13  subdivision 3, is amended to read: 
  5.14     Subd. 3.  [DUTIES.] The advisory council shall: 
  5.15     (1) develop, in consultation with current and former 
  5.16  regents and the administration of the University of Minnesota, a 
  5.17  statement of the selection criteria to be applied and a 
  5.18  description of the responsibilities and duties of a regent, and 
  5.19  shall distribute this to potential candidates; and 
  5.20     (2) for each position on the board, identify and recruit 
  5.21  qualified candidates for the board of regents, based on the 
  5.22  background and experience of the candidates, and their potential 
  5.23  for discharging the responsibilities of a member of the board of 
  5.24  regents.  Prior to beginning each recruitment effort, the 
  5.25  council shall assess the composition of the board to determine 
  5.26  strengths and weaknesses in the board's experience and 
  5.27  expertise, in areas such as educational technology, scholarly 
  5.28  research, or teaching.  In its recruiting efforts, the council 
  5.29  shall direct attention toward filling any identified needs. 
  5.30     Sec. 12.  Minnesota Statutes 1994, section 137.0245, 
  5.31  subdivision 4, is amended to read: 
  5.32     Subd. 4.  [RECOMMENDATIONS.] The advisory council shall 
  5.33  recommend at least two and not more than four candidates for 
  5.34  each seat, except that in the case of an incumbent regent 
  5.35  seeking reelection, the council shall automatically forward the 
  5.36  name of the incumbent following council review, together with at 
  6.1   least one and no more than four other candidates.  By March 15 
  6.2   of each odd-numbered year, the advisory council shall submit its 
  6.3   recommendations to the president of the senate and the speaker 
  6.4   of the house of representatives.  The legislature shall not be 
  6.5   bound by these recommendations. 
  6.6      Sec. 13.  [137.0247] [BOARD RESPONSIBILITIES.] 
  6.7      Subdivision 1.  [WORKSHOPS.] To ensure strong governance 
  6.8   and good decision making, the legislature requests the 
  6.9   University of Minnesota to provide workshops, seminars, and 
  6.10  other training to each new board member within a timely period 
  6.11  after appointment.  The board, faculty and student 
  6.12  organizations, the governor, the legislature, and other relevant 
  6.13  groups should be consulted in designing the training.  Content 
  6.14  of the training should include areas that assist the board 
  6.15  members in understanding the functions and responsibilities of 
  6.16  governing boards, as well as substantive topics necessary for 
  6.17  participating in university governance.  
  6.18     Subd. 2.  [BOARD EVALUATION.] Beginning in calendar year 
  6.19  1996 and every four years thereafter, the board shall contract 
  6.20  for an independent evaluation of its performance.  The board 
  6.21  shall select the evaluator, in consultation with the chairs of 
  6.22  higher education funding divisions of the legislature, but no 
  6.23  evaluator may be an employee of the university at the time of 
  6.24  the selection.  The board shall provide copies of the evaluation 
  6.25  together with its response to the governor and the legislature. 
  6.26     Sec. 14.  [TRANSITION OF COUNCIL MEMBERS.] 
  6.27     Terms of all current members of the regent candidate 
  6.28  advisory council and the Minnesota state college and university 
  6.29  candidate advisory council are terminated on June 30, 1996.  By 
  6.30  July 1, 1996, the speaker of the house, the majority leader of 
  6.31  the senate, the minority leaders of the house and senate, and 
  6.32  the governor shall make their appointments to the councils.  
  6.33  These appointments may include current council members.  
  6.34  Appointing authorities with multiple appointments shall appoint 
  6.35  two members to four-year initial terms and two members to 
  6.36  two-year initial terms.  The house and senate minority leaders 
  7.1   shall appoint members to four-year initial terms. 
  7.2      Sec. 15.  [EFFECTIVE DATE.] 
  7.3      Sections 1 to 4 and 10 to 14 are effective the day 
  7.4   following final enactment.