HF 3189

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

  1.1                          A bill for an act 
  1.2             proposing an amendment to the Minnesota Constitution 
  1.3             by adding an article XV; adding a fee-payer's bill of 
  1.4             rights. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [CONSTITUTIONAL AMENDMENT.] 
  1.7      An amendment to the Minnesota Constitution is proposed to 
  1.8   the people.  If the amendment is adopted, a new article XV shall 
  1.9   be added, to read: 
  1.10                            ARTICLE XV
  1.11                    FEE-PAYER'S BILL OF RIGHTS
  1.12     Section 1.  The amount of a fee enacted by the legislature 
  1.13  or imposed by an executive or judicial branch officer or agency 
  1.14  or by the University of Minnesota or other public higher 
  1.15  education institution may not exceed the anticipated cost of 
  1.16  providing goods, services, or regulation to the class of 
  1.17  individuals or entities upon whom the fee is imposed. 
  1.18     Sec. 2.  The percentage increase in the amount of a fee 
  1.19  enacted by the legislature or imposed by an executive or 
  1.20  judicial branch officer or agency or by the University of 
  1.21  Minnesota or other public higher education institution may not 
  1.22  exceed the percentage increase in the anticipated cost to the 
  1.23  public entity of providing goods, services, or regulation to the 
  1.24  class of individuals or entities upon whom the fee is imposed.  
  1.25  Revenue raised from increasing a fee must be used exclusively to 
  2.1   provide the goods or services related to the fee. 
  2.2      Sec. 3.  For purposes of this section, a fee means any 
  2.3   charge for goods or services, including any regulatory, 
  2.4   licensure, tuition, or similar charge imposed on individuals or 
  2.5   entities.  A fee does not include general taxes collected by the 
  2.6   state or charges imposed by one state agency on another state 
  2.7   agency. 
  2.8      Sec. 4.  The legislature may enact laws determining the 
  2.9   method of calculating the cost of providing goods, services or 
  2.10  regulation. 
  2.11     Sec. 5.  The legislature must appropriate funds sufficient 
  2.12  to ensure that the percentage of University of Minnesota 
  2.13  instructional costs and the percentage of Minnesota State 
  2.14  Colleges and Universities instructional costs that are paid by 
  2.15  tuition are not higher than the percentages in effect on July 1, 
  2.16  2005. 
  2.17     Sec. 6.  The limits imposed by this article apply to all 
  2.18  fees in effect or increased on or after July 1, 2005, regardless 
  2.19  of when the fee was first imposed. 
  2.20     Sec. 2.  [SUBMISSION TO VOTERS.] 
  2.21     The proposed amendment must be submitted to the people at 
  2.22  the 2004 general election.  The question submitted shall be: 
  2.23     "Shall the Minnesota Constitution be amended so that after 
  2.24  July 1, 2005, the amount of each fee imposed by the state or 
  2.25  public higher education institutions is limited to the cost of 
  2.26  providing goods, services, or regulation for individuals or 
  2.27  entities upon whom the fee is imposed, and the amount of any fee 
  2.28  increase is limited to the percentage increase in costs 
  2.29  associated with the goods, services, or regulation provided by 
  2.30  the fee, and to ensure that the legislature must appropriate 
  2.31  funds sufficient to ensure that the percentage of higher 
  2.32  education instructional costs funded by tuition does not 
  2.33  increase? 
  2.34                                     Yes .......
  2.35                                     No ........"