SF 1573

Conference Committee Report - 87th Legislature (2011 - 2012) Posted on 04/26/2012 01:33pm

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 1573

1.2A bill for an act

1.3relating to higher education; requiring the provision of textbook information
1.4to certain students; providing for the continued operation of Minnesota State
1.5Colleges and Universities in certain circumstances; increasing Minnesota State
1.6Colleges and Universities system revenue bond authority; prescribing uses of
1.7the permanent university fund; providing a graduate study benefit to certain
1.8safety officer survivors; making miscellaneous technical changes;amending
1.9Minnesota Statutes 2010, sections 135A.25, subdivision 5; 136F.58, subdivision
1.103, by adding a subdivision; 136F.71, subdivision 3, by adding a subdivision;
1.11136F.98, subdivision 1; 136G.03, subdivision 7; 137.022, subdivision 4; 141.35;
1.12299A.45, subdivisions 1, 2.
1.13April 26, 2012
1.14The Honorable Michelle L. Fischbach
1.15President of the Senate
1.16The Honorable Kurt Zellers
1.17Speaker of the House of Representatives
1.18We, the undersigned conferees for S.F. No. 1573 report that we have agreed upon
1.19the items in dispute and recommend as follows:
1.20That the House recede from its amendment and that S.F. No. 1573 be further
1.21amended as follows:
1.22Delete everything after the enacting clause and insert:

1.23    "Section 1. [135A.044] STUDENT HEALTH CARE.
1.24A Minnesota public postsecondary institution must grant a waiver from its required
1.25student health insurance plan coverage if the student requests the waiver and the student
1.26has health plan coverage from another source, including employer group coverage, private
1.27insurance, association group coverage, health sharing organizations, and MinnesotaCare.
1.28An institution must notify students of the right to request the waiver.

1.29    Sec. 2. Minnesota Statutes 2010, section 135A.14, subdivision 1, is amended to read:
1.30    Subdivision 1. Definitions. As used in this section, the following terms have the
1.31meanings given them.
2.1(a) "Administrator" means the administrator of the institution or other person with
2.2general control and supervision of the institution.
2.3(b) "Public or private postsecondary educational institution" or "institution" means
2.4any of the following institutions having an enrollment of more than 100 persons during
2.5any quarter, term, or semester during the preceding year: (1) the University of Minnesota;
2.6(2) the state universities; (3) the state community colleges; (4) public technical colleges;
2.7(5) private four-year, professional and graduate institutions; (6) private two-year colleges;
2.8and (7) schools subject to either chapter 141, sections 136A.61 to 136A.71, or schools
2.9exempt under section 136A.657, and which offer educational programs within the state
2.10for an academic year greater than six consecutive months. An institution's report to the
2.11Minnesota Office of Higher Education or the Minnesota Department of Education may be
2.12considered when determining enrollment.
2.13(c) "Student" means a person born after 1956 who did not graduate from a Minnesota
2.14high school in 1997 or later, and who is (1) registering for more than one class during
2.15a full academic term, such as a quarter or a semester or (2) housed on campus and is
2.16registering for one or more classes. Student does not include persons who are only
2.17enrolled in extension classes only or, correspondence classes only, online classes, or
2.18evening or weekend adult accelerated programs.

2.19    Sec. 3. Minnesota Statutes 2010, section 135A.25, subdivision 5, is amended to read:
2.20    Subd. 5. Bookstores; course materials. The University of Minnesota and private
2.21colleges are encouraged to comply with the requirements for instructors and bookstores
2.22under section 136F.58, subdivision subdivisions 2, 2a, and 3.

2.23    Sec. 4. Minnesota Statutes 2010, section 136F.58, is amended by adding a subdivision
2.24to read:
2.25    Subd. 2a. Course schedule and material list. (a) Each state college and university
2.26shall compile a course schedule indicating each course offered by the state college or
2.27university for each term and shall include with the course schedule a list of the required
2.28and recommended course materials that specifies, to the extent practicable, the information
2.29required in subdivision 3, paragraph (c).
2.30(b) At the time required by subdivision 3, paragraph (c), a state college or university
2.31shall publish course schedules and course material lists on the state college's or university's
2.32Web site.

2.33    Sec. 5. Minnesota Statutes 2010, section 136F.58, subdivision 3, is amended to read:
3.1    Subd. 3. Notice to purchase. (a) An instructor or department shall make reasonable
3.2efforts to notify a college or university bookstore of the final order for required and
3.3recommended course material at least 30 45 days prior to the commencement of the term.
3.4(b) An instructor or department must notify the bookstore, as required in paragraph
3.5(a), if a previous edition of the textbook is acceptable as a substitute textbook for the
3.6course.
3.7    (b) (c) The bookstore must make reasonable efforts to notify students of the
3.8following information concerning the required and recommended course material at
3.9least 15 30 days prior to the commencement of the term for which the course material
3.10is required including, but not limited to:
3.11    (1) the title, edition, author, and International Standard Book Number (ISBN) of
3.12the course material;
3.13    (2) the retail price charged in the college or university bookstore for the course
3.14material, including custom textbooks;
3.15    (3) whether the required course material is bundled with optional material, whether
3.16it can be unbundled, and the price for each bundled and unbundled component if
3.17applicable, whether a previous edition of the textbook is acceptable as required under
3.18this subdivision; and
3.19    (4) whether the material is available in an alternative format and the cost for the
3.20alternatively formatted material.; and
3.21(5) the most recent copyright date of the printed course material and the copyright
3.22date of the most recent prior edition of the course material, if that prior edition is
3.23acceptable for class use.
3.24(d) For purposes of this subdivision, "custom textbooks" means course materials
3.25that are compiled by a publisher at the direction of a faculty member or, if applicable,
3.26the other adopting entity in charge of selecting course materials for courses taught at a
3.27state college or university. Custom textbooks may include items such as selections from
3.28original instructor materials, previously copyrighted publisher materials, copyrighted
3.29third-party works, or elements unique to a specific state college or university.

3.30    Sec. 6. Minnesota Statutes 2010, section 136F.71, subdivision 3, is amended to read:
3.31    Subd. 3. Interest income. Beginning July 1, 1997, Interest income attributable to
3.32general fund dedicated receipts of the board is appropriated to the board. The board shall
3.33allocate the income proportionately among the colleges and universities. The board shall
3.34report this income separately in its biennial budget requests.
3.35EFFECTIVE DATE.This section is effective July 1, 2012.

4.1    Sec. 7. Minnesota Statutes 2010, section 136F.71, is amended by adding a subdivision
4.2to read:
4.3    Subd. 5. Continued operation. Notwithstanding any other law to the contrary, to
4.4the extent that the board has receipts under this section sufficient to continue operations,
4.5the commissioner of management and budget shall provide the board with statewide
4.6systems services under section 16A.1286 and access to its funds as deemed necessary
4.7by the board to continue its operations. The board shall pay for the services received
4.8in accordance with section 16A.1286, including any administrative services necessary
4.9for the commissioner of management and budget to provide the statewide systems
4.10services. In addition, the board shall pay for treasury operations services provided by the
4.11commissioner of management and budget. Payments received by the commissioner of
4.12management and budget under this subdivision are appropriated to the Department of
4.13Management and Budget for the purposes of providing those services. The commissioner
4.14of management and budget may transfer payments received under this subdivision to the
4.15chief information officer and the commissioner of administration, if necessary.
4.16EFFECTIVE DATE.This section is effective July 1, 2012.

4.17    Sec. 8. Minnesota Statutes 2010, section 136F.98, subdivision 1, is amended to read:
4.18    Subdivision 1. Issuance of bonds. The Board of Trustees of the Minnesota State
4.19Colleges and Universities or a successor may issue revenue bonds under sections 136F.90
4.20to 136F.97 whose aggregate principal amount at any time may not exceed $300,000,000
4.21$405,000,000, and payable from the revenue appropriated to the fund established by
4.22section 136F.94, and use the proceeds together with other public or private money that
4.23may otherwise become available to acquire land, and to acquire, construct, complete,
4.24remodel, and equip structures or portions thereof to be used for dormitory, residence hall,
4.25student union, food service, parking purposes, or for any other similar revenue-producing
4.26building or buildings of such type and character as the board finds desirable for the good
4.27and benefit of the state colleges and universities. Before issuing the bonds or any part
4.28of them, the board shall consult with and obtain the advisory recommendations of the
4.29chairs of the house of representatives Ways and Means Committee and the senate Finance
4.30Committee about the facilities to be financed by the bonds.

4.31    Sec. 9. Minnesota Statutes 2010, section 136G.03, subdivision 7, is amended to read:
4.32    Subd. 7. Contingent account owner. "Contingent account owner" means the
4.33individual person designated as the account owner, either in the participation agreement or
5.1pursuant to a separate Minnesota college savings plan form, in the event of the death of
5.2the account owner.

5.3    Sec. 10. Minnesota Statutes 2010, section 137.022, subdivision 4, is amended to read:
5.4    Subd. 4. Mineral research; scholarships. (a) All income credited after July 1,
5.51992, to the permanent university fund from royalties for mining under state mineral
5.6leases from and after July 1, 1991, must be allocated as provided in this subdivision.
5.7(b)(1) Fifty Beginning January 1, 2013, 50 percent of the income must be allocated
5.8according to this paragraph. One-half of the income under this paragraph, up to
5.9$50,000,000, must be credited to the mineral research account of the fund to be allocated
5.10for the Natural Resources Research Institute-Duluth and Coleraine facilities, for mineral
5.11and mineral-related research including mineral-related environmental research; and. The
5.12other one-half of the income under this paragraph, up to $25,000,000, is credited to an
5.13endowment for the costs of operating a mining, metallurgical, or related engineering
5.14degree program offered through the University of Minnesota at Mesabi Range Community
5.15and Technical College and for scholarships for students to attend the mining, metallurgical,
5.16or related engineering program. The maximum scholarship awarded to attend the mining,
5.17metallurgical, or related engineering degree program funded under this paragraph cannot
5.18exceed $6,500 per academic year and may be awarded a maximum of four academic years.
5.19(2) The remainder of the income under paragraph (a) plus the amount of any income
5.20under clause (1) after $50,000,000 has been credited to the mineral research account
5.21for the Natural Resources Research Institute and the amount of any income over the
5.22$25,000,000 for the engineering program must be credited to the endowed scholarship
5.23account of the fund for distribution annually for scholastic achievement as provided by
5.24the Board of Regents to undergraduates enrolled at the University of Minnesota who are
5.25resident students as defined in section 136A.101, subdivision 8.
5.26(c) The annual distribution from the endowed scholarship account must be allocated
5.27to the various campuses of the University of Minnesota in proportion to the number of
5.28undergraduate resident students enrolled on each campus.
5.29(d) The Board of Regents must report to the education committees of the legislature
5.30biennially at the time of the submission of its budget request on the disbursement of money
5.31from the endowed scholarship account and to the environment and natural resources
5.32committees on the use of the mineral research account.
5.33(e) Capital gains and losses and portfolio income of the permanent university fund
5.34must be credited to its three accounts in proportion to the market value of each account.
6.1(f) The endowment support from the income and capital gains of the endowed
6.2mineral research and endowed scholarship accounts of the fund must not total more than
6.3six percent per year of the 36-month trailing average market value of the account from
6.4which the support is derived.

6.5    Sec. 11. Minnesota Statutes 2010, section 141.35, is amended to read:
6.6141.35 EXEMPTIONS.
6.7    Sections 141.21 to 141.32 shall not apply to the following:
6.8    (1) public postsecondary institutions;
6.9    (2) postsecondary institutions registered under sections 136A.61 to 136A.71;
6.10    (3) schools of nursing accredited by the state Board of Nursing or an equivalent
6.11public board of another state or foreign country;
6.12    (4) private schools complying with the requirements of section 120A.22, subdivision
6.134 ;
6.14    (5) courses taught to students in a valid apprenticeship program taught by or
6.15required by a trade union;
6.16    (6) schools exclusively engaged in training physically or mentally disabled persons
6.17for the state of Minnesota;
6.18    (7) schools licensed by boards authorized under Minnesota law to issue licenses
6.19except schools required to obtain a private career school license due to the use of
6.20"academy," "institute," "college," or "university" in their names;
6.21    (8) schools and educational programs, or training programs, contracted for by
6.22persons, firms, corporations, government agencies, or associations, for the training of their
6.23own employees, for which no fee is charged the employee;
6.24    (9) schools engaged exclusively in the teaching of purely avocational, recreational,
6.25or remedial subjects as determined by the office except schools required to obtain a private
6.26career school license due to the use of "academy," "institute," "college," or "university" in
6.27their names unless the school used "academy" or "institute" in its name prior to August
6.281, 2008;
6.29    (10) classes, courses, or programs conducted by a bona fide trade, professional, or
6.30fraternal organization, solely for that organization's membership;
6.31    (11) programs in the fine arts provided by organizations exempt from taxation
6.32under section 290.05 and registered with the attorney general under chapter 309. For
6.33the purposes of this clause, "fine arts" means activities resulting in artistic creation or
6.34artistic performance of works of the imagination which are engaged in for the primary
6.35purpose of creative expression rather than commercial sale or employment. In making
7.1this determination the office may seek the advice and recommendation of the Minnesota
7.2Board of the Arts;
7.3    (12) classes, courses, or programs intended to fulfill the continuing education
7.4requirements for licensure or certification in a profession, that have been approved by
7.5a legislatively or judicially established board or agency responsible for regulating the
7.6practice of the profession, and that are offered exclusively to an individual practicing
7.7the profession;
7.8    (13) classes, courses, or programs intended to prepare students to sit for
7.9undergraduate, graduate, postgraduate, or occupational licensing and occupational
7.10entrance examinations;
7.11    (14) classes, courses, or programs providing 16 or fewer clock hours of instruction
7.12that are not part of the curriculum for an occupation or entry level employment except
7.13schools required to obtain a private career school license due to the use of "academy,"
7.14"institute," "college," or "university" in their names;
7.15    (15) classes, courses, or programs providing instruction in personal development,
7.16modeling, or acting;
7.17    (16) training or instructional programs, in which one instructor teaches an individual
7.18student, that are not part of the curriculum for an occupation or are not intended to prepare
7.19a person for entry level employment; and
7.20    (17) schools with no physical presence in Minnesota, as determined by the office,
7.21engaged exclusively in offering distance instruction that are located in and regulated
7.22by other states or jurisdictions.
7.23EFFECTIVE DATE.This section is effective retroactively from August 1, 2008.

7.24    Sec. 12. Minnesota Statutes 2010, section 299A.45, subdivision 1, is amended to read:
7.25    Subdivision 1. Eligibility. A person is eligible to receive educational benefits under
7.26this section if the person:
7.27    (1) is certified under section 299A.44 and in compliance with this section and rules
7.28of the commissioner of public safety and the Minnesota Office of Higher Education;
7.29    (2) is enrolled in an undergraduate degree or certificate program after June 30, 1990,
7.30or a graduate degree or certificate program after June 30, 2011, at an eligible Minnesota
7.31institution as provided in section 136A.101, subdivision 4;
7.32    (3) has not received a baccalaureate degree or been enrolled full time for nine
7.33semesters or the equivalent, except that a student who withdraws from enrollment for
7.34active military service is entitled to an additional semester or the equivalent of eligibility
7.35benefits for the maximum duration specified in subdivision 4; and
8.1    (4) is related in one of the following ways to a public safety officer killed in the
8.2line of duty on or after January 1, 1973:
8.3    (i) as a dependent child less than 23 years of age;
8.4    (ii) as a surviving spouse; or
8.5    (iii) as a dependent child less than 30 years of age who has served on active military
8.6duty 181 consecutive days or more and has been honorably discharged or released to the
8.7dependent child's reserve or National Guard unit.
8.8EFFECTIVE DATE.This section is effective retroactively from July 1, 2011.

8.9    Sec. 13. Minnesota Statutes 2010, section 299A.45, subdivision 2, is amended to read:
8.10    Subd. 2. Award amount. (a) The amount of the award is the lesser of:
8.11(1) the average tuition and fees charged by the institution; or
8.12(2) the tuition maximums established by law for the state grant program under
8.13section 136A.121. The tuition maximum for graduate study is the maximum established
8.14by law for the state grant program for four-year programs.
8.15(b) An award under this subdivision must not affect a recipient's eligibility for a
8.16state grant under section 136A.121.
8.17(c) For the purposes of this subdivision, "fees" include only those fees that are
8.18mandatory and charged to all students attending the institution.
8.19(d) For the purpose of benefits awarded under this section, "full time" for a graduate
8.20program is eight or more credits per term or the equivalent.
8.21EFFECTIVE DATE.This section is effective retroactively from July 1, 2011.

8.22    Sec. 14. MINNESOTA STATE COLLEGES AND UNIVERSITIES TEXTBOOK
8.23WORK GROUP.
8.24The Board of Trustees of the Minnesota State Colleges and Universities shall
8.25establish a work group to study methods that result in lower textbook costs for
8.26students. Methods include studying alternative textbook delivery methods, including a
8.27cross-campus shared delivery system for textbooks, the expansion of electronic textbooks
8.28with an assessment of effective methods for delivering e-books to students, and other
8.29technology-based innovative or best practices methods to bring real cost savings to
8.30students. The goal of this work group is to help assess current practices, present a stable
8.31of business strategies, technologies, and campus deployment plans that are effective in
8.32driving down the cost of learning resources for students while offering greater access to
8.33no- or low-cost academic content for faculty.

9.1    Sec. 15. UNIVERSITY OF MINNESOTA APPROPRIATION TRANSFER TO
9.2HENNEPIN COUNTY MEDICAL CENTER.
9.3The regents of the University of Minnesota must transfer $645,000 in fiscal year
9.42012 and $645,000 in fiscal year 2013 from the appropriations made to it for operations
9.5and maintenance in Laws 2011, First Special Session chapter 5, article 1, section 5, to the
9.6Hennepin County Medical Center for graduate family medicine education programs at
9.7Hennepin County Medical Center.
9.8EFFECTIVE DATE.This section is effective the day following final enactment.

9.9    Sec. 16. TEACHER PERFORMANCE ASSESSMENT.
9.10By January 15, 2013, the Minnesota Board of Teaching must report to the
9.11committees of the legislature responsible for K-12 and higher education finance and
9.12policy, with recommendations for eliminating lower priority tests or assessments to offset
9.13the additional fees charged to students for the teacher performance assessment."
9.14Delete the title and insert:

9.15"A bill for an act

9.16relating to higher education; requiring the provision of textbook information
9.17to certain students; providing for the continued operation of Minnesota State
9.18Colleges and Universities in certain circumstances; increasing Minnesota State
9.19Colleges and Universities system revenue bond authority; prescribing uses of
9.20the permanent university fund; requiring an expanded waiver for mandatory
9.21healthcare coverage; providing a graduate study benefit to certain safety
9.22officer survivors; providing funding for the Hennepin County Medical Center
9.23graduate family education programs; establishing textbook work group; making
9.24miscellaneous technical changes; requiring a report;amending Minnesota
9.25Statutes 2010, sections 135A.14, subdivision 1; 135A.25, subdivision 5;
9.26136F.58, subdivision 3, by adding a subdivision; 136F.71, subdivision 3, by
9.27adding a subdivision; 136F.98, subdivision 1; 136G.03, subdivision 7; 137.022,
9.28subdivision 4; 141.35; 299A.45, subdivisions 1, 2; proposing coding for new law
9.29in Minnesota Statutes, chapter 135A."

10.1	We request the adoption of this report and repassage of the bill.
10.2	Senate Conferees:
10.3	.....		.....
10.4	Michelle L. Fischbach		John J. Carlson
10.5	.....		.....
10.6	Jeremy R. Miller		Claire A. Robling
10.7	.....
10.8	David J. Tomassoni
10.9	House Conferees:
10.10	.....		.....
10.11	Bud Nornes		King Banaian
10.12	.....		.....
10.13	Bob Dettmer		Bruce Vogel
10.14	.....
10.15	Carlos Mariani