SF 2143

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; removing mandates from higher 
  1.3             education; requiring increased accountability and 
  1.4             performance for funding; amending Minnesota Statutes 
  1.5             1994, sections 15.43, subdivisions 2 and 3; 16B.01, 
  1.6             subdivision 2; 16B.21, subdivisions 1 and 3; 16B.33, 
  1.7             subdivisions 1, 3, and 4; 16B.35, by adding a 
  1.8             subdivision; 16B.36, subdivision 1; 16B.37, 
  1.9             subdivision 1; 16B.41, subdivision 2; 16B.482; 16B.49; 
  1.10            16B.531; 16B.54, subdivision 1; 16B.85, subdivision 2; 
  1.11            43A.05, subdivision 4; 43A.10, subdivision 3; 123.70, 
  1.12            subdivision 10; 135A.033; 135A.14, as amended; 137.37; 
  1.13            169.448, subdivision 2; 201.1611; and 248.07, 
  1.14            subdivision 7; Minnesota Statutes 1995 Supplement, 
  1.15            sections 16B.17, subdivision 6; 16B.465, subdivision 
  1.16            4; 43A.06, subdivision 1; 135A.181, subdivision 2; 
  1.17            136A.101, subdivision 10; 136F.06, subdivisions 1 and 
  1.18            2; 136F.12; 136F.16, subdivision 3; 136F.18; 136F.30; 
  1.19            136F.36, subdivision 2; 136F.44, subdivision 2; 
  1.20            136F.50; 136F.53, subdivisions 1 and 3; 136F.58; 
  1.21            136F.71, by adding a subdivision; 136F.72, subdivision 
  1.22            3; 136F.80, subdivision 2; and 169.441, subdivision 5; 
  1.23            Laws 1995, chapter 212, article 2, section 20, 
  1.24            subdivisions 1 and 2; proposing coding for new law in 
  1.25            Minnesota Statutes, chapters 135A; 136A; and 136F; 
  1.26            repealing Minnesota Statutes 1994, sections 137.03; 
  1.27            137.05; 137.06; 137.07; 137.08; 137.11; 137.14; 
  1.28            137.15; and 137.33; Minnesota Statutes 1995 
  1.29            Supplement, section 136F.59, subdivision 1. 
  1.30  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.31     Section 1.  [LEGISLATIVE INTENT.] 
  1.32     It is the intent of the legislature to increase the 
  1.33  accountability of higher education through added system and 
  1.34  campus responsibilities for decision-making, governance, and 
  1.35  management.  To accomplish this, the legislature intends to 
  1.36  relieve higher education of many of the mandates that are 
  1.37  legislatively imposed or that emanate from executive agency 
  2.1   actions.  In so doing, the legislature is placing the burden on 
  2.2   higher education to take control of its spending in a time of 
  2.3   fiscal constraints and to thereby demonstrate, through its 
  2.4   choices, the value of the state's investment.  In removing 
  2.5   legislative and executive mandates, the legislature intends to 
  2.6   provide higher education with greater flexibility in how it 
  2.7   conducts its business by making the letter of the law less 
  2.8   constraining.  However, it is the intent of the legislature that 
  2.9   higher education continue to meet its public responsibilities by 
  2.10  abiding by the spirit of the laws that have been enacted. 
  2.11     Sec. 2.  Minnesota Statutes 1994, section 15.43, 
  2.12  subdivision 2, is amended to read: 
  2.13     Subd. 2.  [TEXTBOOKS EXEMPTED.] Textbooks, software, and 
  2.14  other course materials authored by an employee of the state's 
  2.15  education systems Minnesota state colleges and universities or 
  2.16  of the University of Minnesota may be used as required course 
  2.17  material upon receipt of written approval from the head of the 
  2.18  department.  Instructors in state institutions and at the 
  2.19  university may accept free samples of textbooks and related 
  2.20  teaching materials.  
  2.21     Sec. 3.  Minnesota Statutes 1994, section 15.43, 
  2.22  subdivision 3, is amended to read: 
  2.23     Subd. 3.  [OTHER EXEMPTIONS.] The commissioners of human 
  2.24  services and corrections, and the chancellors of the state 
  2.25  university and community college systems may by rule prescribe 
  2.26  procedure for the acceptance of gifts from any person or 
  2.27  organization, provided that such gifts are accepted by the 
  2.28  commissioner or chancellor, or a designated representative of 
  2.29  the commissioner or chancellor, and that such gifts are used 
  2.30  solely for the direct benefit of patients, or inmates or 
  2.31  students under the jurisdiction of the accepting state officer. 
  2.32     Sec. 4.  Minnesota Statutes 1994, section 16B.01, 
  2.33  subdivision 2, is amended to read: 
  2.34     Subd. 2.  [AGENCY.] "Agency" means any state officer, 
  2.35  employee, board, commission, authority, department, or other 
  2.36  agency of the executive branch of state government.  For 
  3.1   purposes of this chapter, agency does not include the Minnesota 
  3.2   state colleges and universities. 
  3.3      Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  3.4   16B.17, subdivision 6, is amended to read: 
  3.5      Subd. 6.  [EXCLUSIONS.] This section and section 16B.167 do 
  3.6   not apply: 
  3.7      (1) to Minnesota state college or university contracts to 
  3.8   provide instructional services to public or private 
  3.9   organizations, agencies, businesses, or industries; 
  3.10     (2) to contracts with individuals or organizations for 
  3.11  administration of employee pension plans authorized under 
  3.12  chapter 354B or 354C; or 
  3.13     (3) to instructional services provided to Minnesota state 
  3.14  colleges or universities by organizations or individuals 
  3.15  provided the contracts are consistent with terms of applicable 
  3.16  labor agreements. 
  3.17     Sec. 6.  Minnesota Statutes 1994, section 16B.21, 
  3.18  subdivision 1, is amended to read: 
  3.19     Subdivision 1.  [COMMISSIONER OF ADMINISTRATION.] The 
  3.20  commissioner shall submit an annual report pursuant to section 
  3.21  3.195 to the governor and the legislature with a copy to the 
  3.22  commissioner of trade and economic development indicating the 
  3.23  progress being made toward the objectives and goals of sections 
  3.24  16B.19 to 16B.22, 137.31, 137.35, 161.321, and 473.142 during 
  3.25  the preceding fiscal year.  The commissioner shall also submit a 
  3.26  quarterly report to the small business and targeted group 
  3.27  procurement advisory council.  These reports shall include the 
  3.28  following information:  
  3.29     (1) the total dollar value and number of potential 
  3.30  set-aside awards identified during this period and the 
  3.31  percentage of total state procurement this figure reflects; 
  3.32     (2) the number of small businesses identified by and 
  3.33  responding to the small business procurement program, the total 
  3.34  dollar value and number of set-aside and other contracts 
  3.35  actually awarded to small businesses, and the total number of 
  3.36  small businesses that were awarded set-aside and other 
  4.1   contracts; 
  4.2      (3) the total dollar value and number of contracts awarded 
  4.3   to small targeted group businesses pursuant to each bidding 
  4.4   process authorized by sections 16B.19, subdivision 2c, 137.31, 
  4.5   137.35, 161.321, and 473.142; the total number and value of 
  4.6   these contracts awarded to each small targeted group business 
  4.7   and to each type of small targeted group business in each 
  4.8   purchasing category, and the percentages of the total 
  4.9   procurement for each purchasing category the figures represent; 
  4.10     (4) the total dollar value and number of contracts awarded 
  4.11  to small businesses in economically disadvantaged areas under 
  4.12  the bidding process authorized in section 16B.19, subdivision 
  4.13  2d; the total number and value of these contracts awarded to 
  4.14  each business, and to all businesses within each economically 
  4.15  disadvantaged area in each purchasing category, and the 
  4.16  percentages of total procurement for each purchasing category 
  4.17  the figures represent. 
  4.18     The information required by clauses (1) and (2) must be 
  4.19  presented on a statewide basis and also broken down by 
  4.20  geographic regions within the state.  
  4.21     Sec. 7.  Minnesota Statutes 1994, section 16B.21, 
  4.22  subdivision 3, is amended to read: 
  4.23     Subd. 3.  [REPORTS FROM OTHER AGENCIES.] The commissioner 
  4.24  of transportation, and each metropolitan agency listed in 
  4.25  section 473.143, subdivision 1, and the University of Minnesota 
  4.26  shall report to the commissioner of administration all 
  4.27  information that the commissioner requests to make reports 
  4.28  required under this section.  The information must be reported 
  4.29  at the time and in the manner requested by the commissioner of 
  4.30  administration. 
  4.31     Sec. 8.  Minnesota Statutes 1994, section 16B.33, 
  4.32  subdivision 1, is amended to read: 
  4.33     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
  4.34  following terms have the meanings given them:  
  4.35     (a) "Agency" has the meaning given in section 16B.01, and 
  4.36  also includes the University of Minnesota and the Minnesota 
  5.1   state colleges and universities.  
  5.2      (b) "Architect" means an architect or landscape architect 
  5.3   registered to practice under sections 326.02 to 326.15.  
  5.4      (c) "Board" means the state designer selection board.  
  5.5      (d) "Designer" means an architect or engineer, or a 
  5.6   partnership, association, or corporation comprised primarily of 
  5.7   architects or engineers or of both architects and engineers.  
  5.8      (e) "Engineer" means an engineer registered to practice 
  5.9   under sections 326.02 to 326.15.  
  5.10     (f) "Person" includes an individual, corporation, 
  5.11  partnership, association, or any other legal entity.  
  5.12     (g) "Primary designer" means the designer who is to have 
  5.13  primary design responsibility for a project, and does not 
  5.14  include designers who are merely consulted by the user agency 
  5.15  and do not have substantial design responsibility, or designers 
  5.16  who will or may be employed or consulted by the primary designer.
  5.17     (h) "Project" means an undertaking to construct, erect, or 
  5.18  remodel a building by or for the state or an agency.  
  5.19     (i) "User agency" means the agency undertaking a specific 
  5.20  project.  
  5.21     Sec. 9.  Minnesota Statutes 1994, section 16B.33, 
  5.22  subdivision 3, is amended to read: 
  5.23     Subd. 3.  [AGENCIES MUST REQUEST DESIGNER.] (a) 
  5.24  [APPLICATION.] (1) Upon undertaking a project with an estimated 
  5.25  cost greater than $750,000 or a planning project with estimated 
  5.26  fees greater than $60,000, every user agency, except the capitol 
  5.27  area architectural and planning board, the University of 
  5.28  Minnesota, and the Minnesota state colleges and universities, 
  5.29  shall submit a written request for a primary designer for its 
  5.30  project to the commissioner, who shall forward the request to 
  5.31  the board.  The written request must include a description of 
  5.32  the project, the estimated cost of completing the project, a 
  5.33  description of any special requirements or unique features of 
  5.34  the proposed project, and other information which will assist 
  5.35  the board in carrying out its duties and responsibilities set 
  5.36  forth in this section.  
  6.1      (2) Upon the undertaking, by the University of Minnesota or 
  6.2   the Minnesota state colleges and universities, of a project 
  6.3   either: 
  6.4      (i) involving renovation, repair, replacement, or 
  6.5   rehabilitation, which does not significantly alter the design of 
  6.6   the structure, with an estimated cost greater than $1,250,000, 
  6.7   or a planning project with estimated fees greater than $125,000, 
  6.8   or 
  6.9      (ii) involving new construction or significant structural 
  6.10  design changes, with an estimated cost greater than $1,000,000, 
  6.11  or a planning project with estimated fees greater than $100,000, 
  6.12  the user agency shall submit a request for selection of a 
  6.13  primary designer in the manner provided in clause (1). 
  6.14     (3) A user agency may utilize the designer selection board 
  6.15  to select a primary designer for projects below the limits 
  6.16  specified in clauses (1) and (2). 
  6.17     (4) In the event a project involves an emergency building 
  6.18  system repair where the use of these procedures would involve 
  6.19  risk to public health or safety or to the condition of the 
  6.20  building, the user agency is not required to utilize the 
  6.21  designer selection board under this section. 
  6.22     (b) [REACTIVATED PROJECT.] If a project for which a 
  6.23  designer has been selected by the board becomes inactive, 
  6.24  lapses, or changes as a result of project phasing, insufficient 
  6.25  appropriations, or other reasons, the commissioner or the 
  6.26  University of Minnesota or the Minnesota state colleges and 
  6.27  universities may, if the project is reactivated, retain the same 
  6.28  designer to complete the project.  
  6.29     (c) [FEE LIMIT REACHED AFTER DESIGNER SELECTED.] If a 
  6.30  project initially estimated to be below the cost and planning 
  6.31  fee limits of this subdivision has its cost or planning fees 
  6.32  revised so that the limits are exceeded, the project must be 
  6.33  referred to the board for designer selection even if a primary 
  6.34  designer has already been selected.  In this event, the board 
  6.35  may, without conducting interviews, elect to retain the 
  6.36  previously selected designer if it determines that the interests 
  7.1   of the state are best served by that decision and shall notify 
  7.2   the commissioner of its determination.  
  7.3      Sec. 10.  Minnesota Statutes 1994, section 16B.33, 
  7.4   subdivision 4, is amended to read: 
  7.5      Subd. 4.  [DESIGNER SELECTION PROCESS.] (a) [PUBLICITY.] 
  7.6   Upon receipt of a request from a user agency for a primary 
  7.7   designer, the board shall publicize the proposed project in 
  7.8   order to determine the identity of designers interested in the 
  7.9   design work on the project.  The board shall establish criteria 
  7.10  for the selection process and make this information public, and 
  7.11  shall compile data on and conduct interviews of designers.  The 
  7.12  board's selection criteria must include consideration of each 
  7.13  interested designer's performance on previous projects for the 
  7.14  state or any other person.  Upon completing the process, the 
  7.15  board shall select the primary designer and shall state its 
  7.16  reasons in writing.  Notification to the commissioner of the 
  7.17  selection shall be made not more than 60 days after receipt from 
  7.18  a user agency of a request for a primary designer.  The 
  7.19  commissioner shall promptly notify the designer and the user 
  7.20  agency.  The commissioner shall negotiate the designer's fee and 
  7.21  prepare the contract to be entered into between the designer and 
  7.22  the user agency.  
  7.23     (b) [CONFLICT OF INTEREST.] The board may not select a 
  7.24  designer or firm in which a member of the designer selection 
  7.25  board has a current financial interest.  
  7.26     (c) [SELECTION BY COMMISSIONER.] In the event the board 
  7.27  receives a request for a primary designer on a project, the 
  7.28  estimated cost of which is less than the limit established by 
  7.29  subdivision 3, or a planning project with estimated fees of less 
  7.30  than the limit established by subdivision 3, the board may 
  7.31  submit the request to the commissioner of administration, with 
  7.32  or without recommendations, and the commissioner shall thereupon 
  7.33  select the primary designer for the project.  
  7.34     (d) [SECOND SELECTION.] If the designer selected for a 
  7.35  project declines the appointment or is unable to reach agreement 
  7.36  with the commissioner on the fee or the terms of the contract, 
  8.1   the commissioner shall, within 60 days after the first 
  8.2   appointment, request the board to make another selection.  
  8.3      (e) [SIXTY DAYS TO SELECT.] If the board fails to make a 
  8.4   selection and forward its recommendation to the commissioner 
  8.5   within 60 days of the user agency's request for a designer, the 
  8.6   commissioner may appoint a designer to the project without the 
  8.7   recommendation of the board.  
  8.8      (f) [LESS THAN SATISFACTORY PERFORMANCE.] The commissioner, 
  8.9   or the University of Minnesota and the Minnesota state colleges 
  8.10  and universities for projects under its their supervision, shall 
  8.11  forward to the board a written report describing each instance 
  8.12  in which the performance of a designer selected by the board or 
  8.13  the commissioner has been less than satisfactory.  Criteria for 
  8.14  determining satisfaction include the ability of the designer to 
  8.15  complete design work on time, to provide a design responsive to 
  8.16  program needs within the constraints of the budget, to solve 
  8.17  design problems and achieve a design consistent with the 
  8.18  proposed function of the building, to avoid costly design errors 
  8.19  or omissions, and to observe the construction work.  These 
  8.20  reports are public data and are available for inspection under 
  8.21  section 13.03.  
  8.22     Sec. 11.  Minnesota Statutes 1994, section 16B.35, is 
  8.23  amended by adding a subdivision to read: 
  8.24     Subd. 4.  [CAMPUSES.] Art for a building on a public 
  8.25  college or university campus shall be selected by the campus, in 
  8.26  consultation with the arts board.  Consideration of the artwork 
  8.27  of faculty and students on that campus is encouraged. 
  8.28     Sec. 12.  Minnesota Statutes 1994, section 16B.36, 
  8.29  subdivision 1, is amended to read: 
  8.30     Subdivision 1.  [AUTHORITY.] The commissioner may examine, 
  8.31  investigate, or make a survey of the organization, 
  8.32  administration, and management of state agencies and 
  8.33  institutions under their control, and may assist state agencies 
  8.34  by providing analytical, statistical, and organizational 
  8.35  development services to them in order to secure greater 
  8.36  efficiency and economy through reorganization or consolidation 
  9.1   of agencies or functions and to eliminate duplication of 
  9.2   function, effort, or activity, so far as possible.  The 
  9.3   commissioner shall periodically submit to the legislature a list 
  9.4   of the studies being conducted for this purpose and any future 
  9.5   studies scheduled at the time the list is submitted.  For 
  9.6   purposes of this section, the Minnesota state colleges and 
  9.7   universities is a state agency. 
  9.8      Sec. 13.  Minnesota Statutes 1994, section 16B.37, 
  9.9   subdivision 1, is amended to read: 
  9.10     Subdivision 1.  [COMMISSIONER'S AUTHORITY.] To improve 
  9.11  efficiency and avoid duplication, the commissioner may transfer 
  9.12  personnel, powers, or duties, or any combination of them, from a 
  9.13  state agency to another state agency that has been in existence 
  9.14  for at least one year prior to the date of transfer.  A transfer 
  9.15  must have received the prior approval of the governor.  The 
  9.16  commissioner shall no later than January 15 of each year submit 
  9.17  to the legislature a bill making all statutory changes required 
  9.18  by reorganization orders issued by the commissioner during the 
  9.19  preceding calendar year.  For purposes of this section, the 
  9.20  Minnesota state colleges and universities is a state agency. 
  9.21     Sec. 14.  Minnesota Statutes 1994, section 16B.41, 
  9.22  subdivision 2, is amended to read: 
  9.23     Subd. 2.  [RESPONSIBILITIES.] The office has the following 
  9.24  duties: 
  9.25     (a) The office must develop and establish a state 
  9.26  information architecture to ensure that further state agency 
  9.27  development and purchase of information systems equipment and 
  9.28  software is directed in such a manner that individual agency 
  9.29  information systems complement and do not needlessly duplicate 
  9.30  or needlessly conflict with the systems of other agencies.  In 
  9.31  those instances where state agencies have need for the same or 
  9.32  similar computer data, the commissioner shall ensure that the 
  9.33  most efficient and cost-effective method of producing and 
  9.34  storing data for or sharing data between those agencies is 
  9.35  used.  The development of this information architecture must 
  9.36  include the establishment of standards and guidelines to be 
 10.1   followed by state agencies.  On January 1, 1988, and every six 
 10.2   months thereafter, any state agency that has purchased 
 10.3   information systems equipment or software in the past six 
 10.4   months, or that is contemplating purchasing this equipment or 
 10.5   software in the next six months, must report to the office and 
 10.6   to the chairs of the house ways and means committee and the 
 10.7   senate finance committee on how the purchases or proposed 
 10.8   purchases comply with the applicable standards and guidelines.  
 10.9      (b) The office shall assist state agencies in the planning 
 10.10  and management of information systems so that an individual 
 10.11  information system reflects and supports the state agency's and 
 10.12  the state's mission, requirements, and functions.  
 10.13     (c) The office must review and approve all agency requests 
 10.14  for legislative appropriations for the development or purchase 
 10.15  of information systems equipment or software.  Requests may not 
 10.16  be included in the governor's budget submitted to the 
 10.17  legislature, unless the office has approved the request. 
 10.18     (d) Each biennium the office must rate agency requests for 
 10.19  new appropriations for development or purchase of information 
 10.20  systems equipment or software based on established information 
 10.21  management criteria.  The office must submit this rating to the 
 10.22  legislature at the same time, or no later than 14 days after, 
 10.23  the governor submits the budget message to the legislature.  The 
 10.24  governor must provide information necessary to rate agency 
 10.25  requests to the office. 
 10.26     (e) The office must define, review, and approve major 
 10.27  purchases of information systems equipment to (1) ensure that 
 10.28  the equipment follows the standards and guidelines of the state 
 10.29  information architecture; (2) ensure that the equipment is 
 10.30  consistent with the information management principles adopted by 
 10.31  the information policy council; (3) evaluate whether or not the 
 10.32  agency's proposed purchase reflects a cost-effective policy 
 10.33  regarding volume purchasing; and (4) ensure the equipment is 
 10.34  consistent with other systems in other state agencies so that 
 10.35  data can be shared among agencies, unless the office determines 
 10.36  that the agency purchasing the equipment has special needs 
 11.1   justifying the inconsistency.  The commissioner of finance may 
 11.2   not allot funds appropriated for major purchases of information 
 11.3   systems equipment until the office reviews and approves the 
 11.4   proposed purchase.  A public institution of higher education 
 11.5   must not may purchase interconnective up to $250,000 of 
 11.6   equipment or other computer technology to connect the college or 
 11.7   university to sites outside the institution without the prior 
 11.8   approval of the office.  
 11.9      (f) The office shall review the operation of information 
 11.10  systems by state agencies and provide advice and assistance so 
 11.11  that these systems are operated efficiently and continually meet 
 11.12  the standards and guidelines established by the office.  These 
 11.13  standards and guidelines shall emphasize uniformity that 
 11.14  encourages information interchange, open systems environments, 
 11.15  and portability of information whenever practicable and 
 11.16  consistent with an agency's authority and the Minnesota 
 11.17  government data practices act.  The office, in consultation with 
 11.18  the intergovernmental information systems advisory council and 
 11.19  the legislative reference library, shall adopt specific 
 11.20  standards and guidelines to be met by each state agency within a 
 11.21  time period fixed by the office in regard to the following: 
 11.22     (1) establishment of methodologies and systems directed at 
 11.23  reducing and ultimately eliminating redundant storage of data 
 11.24  and encouraging greater use of central databases; 
 11.25     (2) establishment of data retention schedules, disaster 
 11.26  recovery plans and systems, security systems, and procedural 
 11.27  safeguards concerning privacy of data; 
 11.28     (3) establishment of pricing policies and incentives that 
 11.29  encourage electronic transfer of information in electronic 
 11.30  forms, while giving due consideration to the value and cost of 
 11.31  providing the information in those forms.  These pricing 
 11.32  policies may include preferential prices for information 
 11.33  requested by a public entity for a public purpose; and 
 11.34     (4) establishment of information sales systems that utilize 
 11.35  licensing and royalty agreements to the greatest extent 
 11.36  possible, together with procedures for agency denial of requests 
 12.1   for licenses or royalty agreements by commercial users or 
 12.2   resellers of the information.  Section 3.751 does not apply to 
 12.3   these licensing and royalty agreements and the agreements must 
 12.4   include provisions that section 3.751 does not apply and that 
 12.5   the state is immune from liability under the agreement. 
 12.6      If an agency needs additional funds to comply with the 
 12.7   requirements of this paragraph, the agency must first obtain 
 12.8   approval of the proposal by the office as required by paragraph 
 12.9   (c) before submitting it to the legislature. 
 12.10     (g) The office must conduct a comprehensive review at least 
 12.11  every three years of the information systems investments that 
 12.12  have been made by state agencies and higher education 
 12.13  institutions.  The review must include recommendations on any 
 12.14  information systems applications that could be provided in a 
 12.15  more cost beneficial manner by an outside source.  The office 
 12.16  must report the results of its review to the legislature and the 
 12.17  governor.  
 12.18     (h) The office shall recommend to the legislature any 
 12.19  statutory changes that are necessary or desirable to accomplish 
 12.20  the duties described in this subdivision. 
 12.21     (i) The office must report to the legislature by January 15 
 12.22  each year on progress in implementing paragraph (f), clauses (1) 
 12.23  to (4). 
 12.24     Sec. 15.  Minnesota Statutes 1995 Supplement, section 
 12.25  16B.465, subdivision 4, is amended to read: 
 12.26     Subd. 4.  [PROGRAM PARTICIPATION.] (a) The commissioner may 
 12.27  require the participation of state agencies, the state board of 
 12.28  education, and the governing boards board of the Minnesota state 
 12.29  colleges and universities, the community colleges, and the 
 12.30  technical colleges, and may request the participation of the 
 12.31  board of regents of the University of Minnesota, in the planning 
 12.32  and implementation of the network to provide interconnective 
 12.33  technologies.  The commissioner shall establish reimbursement 
 12.34  rates in cooperation with the commissioner of finance to be 
 12.35  billed to participating agencies and educational institutions 
 12.36  sufficient to cover the operating, maintenance, and 
 13.1   administrative costs of the system. 
 13.2      (b) A direct appropriation made to an educational 
 13.3   institution for usage costs associated with the STARS network 
 13.4   must only be used by the educational institution for payment of 
 13.5   usage costs of the network as billed by the commissioner of 
 13.6   administration.  The post-secondary appropriations may be 
 13.7   shifted between systems as required by unanticipated usage 
 13.8   patterns.  An intersystem transfer must be requested by the 
 13.9   appropriate system and may be made only after review and 
 13.10  approval by the commissioner of finance, in consultation with 
 13.11  the commissioner of administration. 
 13.12     Sec. 16.  Minnesota Statutes 1994, section 16B.482, is 
 13.13  amended to read: 
 13.14     16B.482 [REIMBURSEMENT FOR MATERIALS AND SERVICES.] 
 13.15     The commissioner of administration may provide materials 
 13.16  and services under this chapter to state legislative and 
 13.17  judicial branch agencies, political subdivisions, the Minnesota 
 13.18  state colleges and universities, the University of Minnesota, 
 13.19  and federal government agencies.  Legislative and judicial 
 13.20  branch agencies, political subdivisions, the Minnesota state 
 13.21  colleges and universities, the University of Minnesota, and 
 13.22  federal government agencies purchasing materials and services 
 13.23  from the commissioner of administration shall reimburse the 
 13.24  general services, intertechnologies, and cooperative purchasing 
 13.25  revolving funds for cost. 
 13.26     Sec. 17.  Minnesota Statutes 1994, section 16B.49, is 
 13.27  amended to read: 
 13.28     16B.49 [CENTRAL MAILING SYSTEM.] 
 13.29     The commissioner shall maintain and operate for agencies a 
 13.30  central mailing system.  Official mail of an agency occupying 
 13.31  quarters within the boundaries of the city of St. Paul must be 
 13.32  delivered unstamped to the central mailing station.  Account 
 13.33  must be kept of the postage required on that mail, which is then 
 13.34  a proper charge against the agency delivering the mail.  To 
 13.35  provide funds for the payment of postage, each agency shall make 
 13.36  advance payments to the commissioner sufficient to cover its 
 14.1   postage obligations for at least 60 days.  For purposes of this 
 14.2   section, the Minnesota state colleges and universities is a 
 14.3   state agency. 
 14.4      Sec. 18.  Minnesota Statutes 1994, section 16B.531, is 
 14.5   amended to read: 
 14.6      16B.531 [TRAVEL SERVICES.] 
 14.7      The commissioner may offer a centralized travel service to 
 14.8   all state departments and agencies, and to the Minnesota state 
 14.9   colleges and universities, and may, in connection with that 
 14.10  service, accept payments from travel agencies under contracts 
 14.11  for the provision of travel services.  The payments must be 
 14.12  deposited in the motor pool revolving account established by 
 14.13  section 16B.54, subdivision 8, and must be used for the expenses 
 14.14  of managing the centralized travel service.  Revenues in excess 
 14.15  of the management costs of the centralized service must be 
 14.16  returned to the general fund. 
 14.17     Sec. 19.  Minnesota Statutes 1994, section 16B.54, 
 14.18  subdivision 1, is amended to read: 
 14.19     Subdivision 1.  [MOTOR POOLS.] The commissioner shall 
 14.20  manage a central motor pool of passenger motor vehicles and 
 14.21  trucks used by state agencies with principal offices in the city 
 14.22  of St. Paul and may provide for branch central motor pools at 
 14.23  other places within the state.  For purposes of this section, (1)
 14.24  "agencies" includes the Minnesota state colleges and 
 14.25  universities, and (2) "truck" means a pickup or panel truck up 
 14.26  to one ton carrying capacity.  
 14.27     Sec. 20.  Minnesota Statutes 1994, section 16B.85, 
 14.28  subdivision 2, is amended to read: 
 14.29     Subd. 2.  [RISK MANAGEMENT FUND.] (a) All state agencies, 
 14.30  and the Minnesota state colleges and universities, may, in 
 14.31  cooperation with the commissioner, participate in insurance 
 14.32  programs and other funding alternative programs provided by the 
 14.33  risk management fund. 
 14.34     (b) When an agency or agencies enter into an insurance or 
 14.35  self-insurance program, each agency shall contribute the 
 14.36  appropriate share of its costs as determined by the commissioner.
 15.1      (c) The money in the fund to pay claims arising from state 
 15.2   activities and for administrative costs, including costs for the 
 15.3   adjustment and defense of the claims, is appropriated to the 
 15.4   commissioner. 
 15.5      (d) Interest earned from the investment of money in the 
 15.6   fund shall be credited to the fund and be available to the 
 15.7   commissioner for the expenditures authorized in this subdivision.
 15.8      (e) The fund is exempt from the provisions of section 
 15.9   16A.152, subdivision 4.  In the event that proceeds in the fund 
 15.10  are insufficient to pay outstanding claims and associated 
 15.11  administrative costs, the commissioner, in consultation with the 
 15.12  commissioner of finance, may assess state agencies participating 
 15.13  in the fund amounts sufficient to pay the costs.  The 
 15.14  commissioner shall determine the proportionate share of the 
 15.15  assessment of each agency. 
 15.16     Sec. 21.  Minnesota Statutes 1994, section 43A.05, 
 15.17  subdivision 4, is amended to read: 
 15.18     Subd. 4.  [TIME OFF IN EMERGENCIES.] The commissioner shall 
 15.19  authorize appointing authorities to pay for time off in 
 15.20  emergencies.  The commissioner, after consultation with the 
 15.21  commissioner of public safety, may excuse employees from duty 
 15.22  with full pay in the event of a natural or other emergency, if 
 15.23  continued operation would involve a threat to the health or 
 15.24  safety of individuals.  Absence with pay shall not exceed 16 
 15.25  working hours at any one time unless the commissioner authorizes 
 15.26  a longer duration.  Authority to excuse employees from duty with 
 15.27  full pay on the campuses of the Minnesota state colleges and 
 15.28  universities is vested in the college and university presidents, 
 15.29  under guidelines established by the board of trustees of the 
 15.30  Minnesota state colleges and universities. 
 15.31     Sec. 22.  Minnesota Statutes 1995 Supplement, section 
 15.32  43A.06, subdivision 1, is amended to read: 
 15.33     Subdivision 1.  [GENERAL.] (a) The commissioner, through 
 15.34  the labor relations bureau, shall perform the duties assigned to 
 15.35  the commissioner by sections 3.855, 179A.01 to 179A.25 and this 
 15.36  section.  
 16.1      (b) The deputy commissioner for the labor relations bureau 
 16.2   shall be the state labor negotiator for purposes of negotiating 
 16.3   and administering agreements with exclusive representatives of 
 16.4   employees and shall perform any other duties delegated by the 
 16.5   commissioner subject to the limitations in paragraph (c). 
 16.6      (c) In consultation with the commissioner of employee 
 16.7   relations and except as specified in this paragraph, The board 
 16.8   of trustees of the Minnesota state colleges and universities may 
 16.9   exercise the powers under this section for employees included in 
 16.10  units 9, 10, 11, and 12 in section 179A.10, subdivision 2.  The 
 16.11  power and authority to engage in collective bargaining or to 
 16.12  enter into interest arbitration remains with the commissioner of 
 16.13  employee relations, who shall exercise those powers in 
 16.14  consultation with the board of trustees of the Minnesota state 
 16.15  colleges and universities.  The commissioner of employee 
 16.16  relations shall have the right to review and comment to the 
 16.17  Minnesota state colleges and universities on the board's final 
 16.18  proposals prior to exchange of final positions with the 
 16.19  designated bargaining units as well as any requests for interest 
 16.20  arbitration.  When submitting a proposed collective bargaining 
 16.21  agreement to the legislative coordinating commission and the 
 16.22  legislature under section 3.855, subdivision 2, the board of 
 16.23  trustees must use procedures and assumptions consistent with 
 16.24  those used by the commissioner of employee relations in 
 16.25  calculating the costs of the proposed contract.  
 16.26     Sec. 23.  Minnesota Statutes 1994, section 43A.10, 
 16.27  subdivision 3, is amended to read: 
 16.28     Subd. 3.  [FACILITIES FURNISHED EXAMINERS.] The authorities 
 16.29  having control of public buildings in political subdivisions of 
 16.30  the state and school districts, upon written request of the 
 16.31  commissioner, shall furnish without charge convenient facilities 
 16.32  for the administration of examinations.  Upon such request, it 
 16.33  shall be the duty of state and local authorities and employees, 
 16.34  as it is consistent with their other duties, to aid in carrying 
 16.35  out the provisions of this section.  Campuses of the Minnesota 
 16.36  state colleges and universities may charge the commissioner for 
 17.1   actual costs incurred in providing facilities for examinations, 
 17.2   provided that the costs were incurred due solely to the 
 17.3   examination. 
 17.4      Sec. 24.  Minnesota Statutes 1994, section 123.70, 
 17.5   subdivision 10, is amended to read: 
 17.6      Subd. 10.  A statement required to be submitted under 
 17.7   subdivisions 1, 2, and 4 to document evidence of immunization 
 17.8   shall include month, day, and year for immunizations 
 17.9   administered after January 1, 1990.  
 17.10     (a) For persons enrolled in grades 7 and 12 during the 
 17.11  1992-1993 1996-1997 school term, the statement must indicate 
 17.12  that the person has received at least two doses of vaccine 
 17.13  against measles, mumps, and rubella, given alone or separately 
 17.14  and given not less that one month apart a dose of tetanus and 
 17.15  diphtheria toxoid no earlier than 11 years of age.  
 17.16     (b) For persons enrolled in grades 7, 8, and 12 during the 
 17.17  1993-1994 1997-1998 school term, the statement must indicate 
 17.18  that the person has received at least two doses of vaccine 
 17.19  against measles, mumps, and rubella, given alone or separately 
 17.20  and given not less than one month apart a dose of tetanus and 
 17.21  diphtheria toxoid no earlier than 11 years of age.  
 17.22     (c) For persons enrolled in grades 7, 8, 9, and 12 during 
 17.23  the 1994-1995 1998-1999 school term, the statement must indicate 
 17.24  that the person has received at least two doses of vaccine 
 17.25  against measles, mumps, and rubella, given alone or separately 
 17.26  and given not less than one month apart a dose of tetanus and 
 17.27  diphtheria toxoid no earlier than 11 years of age.  
 17.28     (d) For persons enrolled in grades 7, 8, 9, 10, and 12 
 17.29  during the 1995-1996 1999-2000 school term, the statement must 
 17.30  indicate that the person has received at least two doses of 
 17.31  vaccine against measles, mumps, and rubella, given alone or 
 17.32  separately and given not less than one month apart a dose of 
 17.33  tetanus and diphtheria toxoid no earlier than 11 years of age.  
 17.34     (e) For persons enrolled in grades 7 through 12 during the 
 17.35  2000-2001 school term and for each year thereafter, the 
 17.36  statement must indicate that the person has received a dose of 
 18.1   tetanus and diphtheria toxoid no earlier than 11 years of age. 
 18.2      (f) For persons enrolled in grades 7 through 12 during the 
 18.3   1996-1997 school year and for each year thereafter, the 
 18.4   statement must indicate that the person has received at least 
 18.5   two doses of vaccine against measles, mumps, and rubella, given 
 18.6   alone or separately and given not less than one month apart. 
 18.7      Sec. 25.  Minnesota Statutes 1994, section 135A.033, is 
 18.8   amended to read: 
 18.9      135A.033 [PERFORMANCE FUNDING.] 
 18.10     The governing boards of the University of Minnesota, the 
 18.11  state universities, the community colleges, and the technical 
 18.12  colleges and the Minnesota state colleges and universities, in 
 18.13  conjunction with their respective campuses, shall each specify 
 18.14  performance categories and indicators relating to section 
 18.15  135A.053, subdivision 1, to be used for policy and 
 18.16  appropriations decisions, as well as allocations for rewarding 
 18.17  campuses that achieve performance levels and assisting campuses 
 18.18  that are unable to achieve these levels.  Because the mission of 
 18.19  each system and type of campus varies, categories and indicators 
 18.20  shall vary accordingly. 
 18.21     Sec. 26.  [135A.053] [STATE HIGHER EDUCATION POLICY.] 
 18.22     Subdivision 1.  [STATEWIDE OBJECTIVES.] Minnesota's higher 
 18.23  education investment is made in pursuit of the following 
 18.24  objectives: 
 18.25     (1) to ensure quality - to provide a level of excellence 
 18.26  that is competitive on a national and international level, 
 18.27  through high quality teaching, scholarship, and learning in a 
 18.28  broad range of arts and sciences, technical education, and 
 18.29  professional fields; 
 18.30     (2) to foster student success - to enable and encourage 
 18.31  students to choose institutions and programs that are best 
 18.32  suited for their talents and abilities, and to provide an 
 18.33  educational climate that supports students in pursuing their 
 18.34  goals and aspirations; 
 18.35     (3) to promote democratic values - to enhance Minnesota's 
 18.36  quality of life by developing understanding and appreciation of 
 19.1   a free and diverse society; 
 19.2      (4) to maintain access - to provide an opportunity for all 
 19.3   Minnesotans, regardless of personal circumstances, to 
 19.4   participate in higher education; and 
 19.5      (5) to enhance the economy - to assist the state in being 
 19.6   competitive in the world market, and to prepare a highly skilled 
 19.7   and adaptable workforce that meets Minnesota's opportunities and 
 19.8   needs. 
 19.9      Subd. 2.  [PERFORMANCE AND ACCOUNTABILITY.] Higher 
 19.10  education systems and campuses are expected to achieve the 
 19.11  objectives in subdivision 1 and will be held accountable for 
 19.12  doing so.  The legislature is increasing the flexibility of the 
 19.13  systems and campuses to provide greater responsibility to higher 
 19.14  education in deciding how to achieve statewide objectives, and 
 19.15  to decentralize authority so that those decisions can be made at 
 19.16  the level where the education is delivered.  To demonstrate 
 19.17  their accountability, the legislature expects each system and 
 19.18  campus to measure and report on its performance, using 
 19.19  meaningful indicators that are critical to achieving the 
 19.20  objectives in subdivision 1, as provided in section 135A.033.  
 19.21  Nothing in this section precludes a system or campus from 
 19.22  determining its own objectives and performance measures beyond 
 19.23  those identified in this section.  
 19.24     Sec. 27.  Minnesota Statutes 1994, section 135A.14, as 
 19.25  amended by Laws 1995, chapter 212, article 3, section 59, and 
 19.26  Laws 1995, First Special Session chapter 3, article 16, section 
 19.27  13, is amended to read: 
 19.28     135A.14 [STATEMENT OF IMMUNIZATION OF POST-SECONDARY 
 19.29  STUDENTS.] 
 19.30     Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 19.31  following terms have the meanings given them.  
 19.32     (a) "Administrator" means the administrator of the 
 19.33  institution or other person with general control and supervision 
 19.34  of the institution. 
 19.35     (b) "Public or private post-secondary educational 
 19.36  institution" or "institution" means any of the following 
 20.1   institutions having an enrollment of more than 100 persons 
 20.2   during any quarter, term, or semester during the preceding 
 20.3   year:  (1) the University of Minnesota; (2) the state 
 20.4   universities; (3) the state community colleges; (4) public 
 20.5   technical colleges; (5) private four-year, professional and 
 20.6   graduate institutions; (6) private two-year colleges; and (7) 
 20.7   schools subject to either chapter 141, sections 136A.61 to 
 20.8   136A.71, or schools exempt under section 136A.657, and which 
 20.9   offer educational programs within the state for an academic year 
 20.10  greater than six consecutive months.  An institution's report to 
 20.11  the Minnesota higher education services office or the Minnesota 
 20.12  department of children, families, and learning may be considered 
 20.13  when determining enrollment. 
 20.14     (c) "Student" means a person born after 1956 who did not 
 20.15  graduate from a Minnesota high school in 1997 or later, and who 
 20.16  is (1) registering for more than one class during a full 
 20.17  academic term, such as a quarter or a semester; or (2) housed on 
 20.18  campus and is registering for one or more classes.  Student does 
 20.19  not include persons enrolled in extension classes only or 
 20.20  correspondence classes only. 
 20.21     Subd. 2.  [STATEMENT OF IMMUNIZATION REQUIRED.] Except as 
 20.22  provided in subdivision 3, no student may remain enrolled in a 
 20.23  public or private post-secondary educational institution unless 
 20.24  the student has submitted to the administrator a statement that 
 20.25  the student has received appropriate immunization against 
 20.26  measles, rubella, and mumps after having attained the age of 12 
 20.27  months, and against diphtheria and tetanus within ten years of 
 20.28  first registration at the institution.  This statement must 
 20.29  indicate the month and year of each immunization given.  Instead 
 20.30  of submitting a statement, a student may provide an immunization 
 20.31  record maintained by a school according to section 123.70, 
 20.32  subdivision 7, or a school in another state if the required 
 20.33  information is contained in the record.  A student who has 
 20.34  submitted a statement as provided in this subdivision, may 
 20.35  transfer to a different Minnesota institution without submitting 
 20.36  another statement if the student's transcript or other official 
 21.1   documentation indicates that the statement was submitted. 
 21.2      Subd. 3.  [EXEMPTIONS FROM IMMUNIZATION.] (a) An 
 21.3   immunization listed in subdivision 2 is not required if the 
 21.4   student submits to the administrator a statement signed by a 
 21.5   physician that shows:  
 21.6      (1) that, for medical reasons, the student did not receive 
 21.7   an immunization; 
 21.8      (2) that the student has experienced the natural disease 
 21.9   against which the immunization protects; or 
 21.10     (3) that a laboratory has confirmed the presence of 
 21.11  adequate immunity. 
 21.12     (b) If the student submits a notarized statement that the 
 21.13  student has not been immunized as required in subdivision 2 
 21.14  because of the student's conscientiously held beliefs, the 
 21.15  immunizations described in subdivision 2 are not required.  The 
 21.16  institution shall forward this statement to the commissioner of 
 21.17  health.  
 21.18     Subd. 4.  [IMMUNIZATION FILES REQUIRED.] The institution 
 21.19  must maintain an immunization record within the student's file 
 21.20  for all students each student governed by this section for at 
 21.21  least one year from the time of original filing.  The 
 21.22  immunization records may be inspected by the department of 
 21.23  health and the local board of health in whose jurisdiction the 
 21.24  institution is located.  
 21.25     Subd. 5.  [DEADLINE FOR SUBMITTING STATEMENT.] The 
 21.26  institution shall require that the statement from the student, 
 21.27  as required within subdivision 2 or 3, be submitted within 45 
 21.28  days of commencement of the academic term for which the student 
 21.29  has registered. 
 21.30     Sec. 28.  Minnesota Statutes 1995 Supplement, section 
 21.31  135A.181, subdivision 2, is amended to read: 
 21.32     Subd. 2.  [COMMON CALENDAR.] In converting to the semester 
 21.33  system required in subdivision 1 shall be offered on a common 
 21.34  calendar throughout all, the campuses under the jurisdiction of 
 21.35  the board of trustees of the Minnesota state colleges and 
 21.36  universities.  This calendar, in consultation with the system 
 22.1   office, shall set calendars that best meet the needs of 
 22.2   students, including those jointly enrolled in local school 
 22.3   districts and other cooperative programs.  Common calendars 
 22.4   shall include be a priority at colocated campuses including a 
 22.5   common start and end date for each semester as well as common 
 22.6   summer school schedules.  The board of trustees may exempt a 
 22.7   campus from this calendar if they determine that because of 
 22.8   extenuating circumstances an alternative calendar would better 
 22.9   serve students' needs. 
 22.10     Sec. 29.  Minnesota Statutes 1995 Supplement, section 
 22.11  136A.101, subdivision 10, is amended to read: 
 22.12     Subd. 10.  "Satisfactory academic progress" means that: 
 22.13     (1) at a point between by the end of a student's first and 
 22.14  second academic year of attendance at an institution, the 
 22.15  student has at least a cumulative grade point average of C or 
 22.16  its equivalent, or academic standing consistent with the 
 22.17  institution's graduation requirements; and 
 22.18     (2) by the end of the first term of the third and fourth 
 22.19  academic year of attendance, (i) the student has a cumulative 
 22.20  grade point average of at least a C or its equivalent, (ii) the 
 22.21  student's advisor certifies that the student has reviewed the 
 22.22  general education requirements necessary for graduation and is 
 22.23  making satisfactory progress toward completing them, and (iii) 
 22.24  the student's advisor certifies that the student has chosen a 
 22.25  major and reviewed the requirements necessary for completion of 
 22.26  the major. 
 22.27     Exceptions may be granted if the student's failure to 
 22.28  attain the required grade point average is caused by: 
 22.29     (1) the death of a relative of the student; 
 22.30     (2) an injury or illness of the student; or 
 22.31     (3) other special circumstances. 
 22.32     Sec. 30.  [136A.1312] [FINANCIAL AID ADMINISTRATOR, 
 22.33  PROFESSIONAL JUDGMENT.] 
 22.34     Nothing in this chapter or in the office's rules shall be 
 22.35  interpreted as limiting the ability of student financial aid 
 22.36  administrators, on the basis of adequate documentation, to make 
 23.1   necessary adjustments to the cost of attendance and expected 
 23.2   family contribution computations to allow for treatment of 
 23.3   individual students with special circumstances with the 
 23.4   exception of the cost of attendance defined under section 
 23.5   136A.121, subdivision 6.  In addition, nothing in this chapter 
 23.6   or in the office's rules shall be interpreted as limiting the 
 23.7   ability of the student financial aid administrator to use 
 23.8   supplementary information about the financial status of eligible 
 23.9   applicants with special circumstances in selecting recipients of 
 23.10  state financial aid and determining the amount of awards.  
 23.11     Sec. 31.  [136A.1313] [FINANCIAL AID AUDITS.] 
 23.12     Beginning with audits for fiscal year 1996, in place of the 
 23.13  audits provided by the office, public institutions that 
 23.14  administer state grants under decentralized delivery may arrange 
 23.15  for audits of state financial aid awards and tuition reciprocity 
 23.16  recipients in conjunction with their audits for federal 
 23.17  financial aid.  Audits must be conducted in compliance with 
 23.18  guidelines and materials prepared by the office.  The office 
 23.19  shall develop a review process including procedures for 
 23.20  responding to audit exceptions.  All other institutions under 
 23.21  decentralized delivery may arrange for audits under this section 
 23.22  beginning with audits for fiscal year 1997. 
 23.23     Sec. 32.  Minnesota Statutes 1995 Supplement, section 
 23.24  136F.06, subdivision 1, is amended to read: 
 23.25     Subdivision 1.  [GENERAL AUTHORITY.] The board shall 
 23.26  possess all powers necessary to govern the state colleges and 
 23.27  universities and all related property.  Those powers shall 
 23.28  include, but are not limited to, those enumerated in this 
 23.29  section.  The board shall prescribe courses of study and 
 23.30  conditions of admission, set tuition and fees, prescribe approve 
 23.31  programs of study and requirements for completion of programs, 
 23.32  approve the awarding of appropriate certificates, diplomas, and 
 23.33  degrees, enter into contracts and other agreements, and adopt 
 23.34  suitable policies for the institutions it governs.  To the 
 23.35  extent practicable in protecting statewide interests, the board 
 23.36  shall provide autonomy to the campuses while holding them 
 24.1   accountable for their decisions.  Sections 14.01 to 14.47 do not 
 24.2   apply to policies and procedures of the board. 
 24.3      Sec. 33.  Minnesota Statutes 1995 Supplement, section 
 24.4   136F.06, subdivision 2, is amended to read: 
 24.5      Subd. 2.  [GOVERNANCE AUTHORITY.] The board shall have the 
 24.6   authority needed to operate and govern the state colleges and 
 24.7   universities unless otherwise directed or limited prohibited by 
 24.8   law.  The board is responsible for its operations and necessary 
 24.9   decisions unless these are specifically delegated by law to a 
 24.10  state department or agency. 
 24.11     Sec. 34.  Minnesota Statutes 1995 Supplement, section 
 24.12  136F.12, is amended to read: 
 24.13     136F.12 [FOND DU LAC CAMPUS.] 
 24.14     The Fond du Lac campus has a unique mission among two-year 
 24.15  colleges to serve the lower division general education needs in 
 24.16  Carlton and south St. Louis counties, and the education needs of 
 24.17  American Indians throughout the state and especially in northern 
 24.18  Minnesota.  Accordingly, while the college is governed by the 
 24.19  board of trustees, its governance is accomplished in conjunction 
 24.20  with the board of directors of Fond du Lac tribal college.  By 
 24.21  July 1, 1995, the board of trustees and the board of directors 
 24.22  of Fond du Lac tribal college shall implement the mechanisms 
 24.23  necessary to accomplish the sharing of authority while ensuring 
 24.24  accountability for college actions.  The mechanisms shall 
 24.25  supersede any previous arrangement, agreement, or memorandum of 
 24.26  understanding. 
 24.27     Sec. 35.  Minnesota Statutes 1995 Supplement, section 
 24.28  136F.16, subdivision 3, is amended to read: 
 24.29     Subd. 3.  [OFF-CAMPUS SITES.] The board shall not establish 
 24.30  off-campus centers or other permanent sites to provide academic 
 24.31  programs, courses, or student services without authorizing 
 24.32  legislation.  For the purposes of this subdivision, the campus 
 24.33  of Metropolitan State University is the seven-county 
 24.34  metropolitan area.  This section does not apply to sites set up 
 24.35  specifically for the delivery of courses and programs through 
 24.36  telecommunications.  
 25.1      Sec. 36.  Minnesota Statutes 1995 Supplement, section 
 25.2   136F.18, is amended to read: 
 25.3      136F.18 [CAMPUS CLOSING.] 
 25.4      The board may close a campus or center under its 
 25.5   jurisdiction according to policies adopted by the board.  Prior 
 25.6   to closing a campus or center, the board shall hold a public 
 25.7   hearing on the issue in the area which would be affected by the 
 25.8   closing.  At the hearing affected persons shall have an 
 25.9   opportunity to present testimony.  The board shall give notice 
 25.10  of this hearing by publishing notice in the State Register and 
 25.11  in a newspaper of general circulation in the affected area at 
 25.12  least 30 days before the scheduled hearing. 
 25.13     Sec. 37.  Minnesota Statutes 1995 Supplement, section 
 25.14  136F.30, is amended to read: 
 25.15     136F.30 [COURSES AND PROGRAMS.] 
 25.16     The board shall prescribe the courses review and approve or 
 25.17  disapprove campus proposals for adding, deleting, or 
 25.18  substantially changing programs of study, including graduate and 
 25.19  undergraduate academic programs, training in professional, 
 25.20  semiprofessional, and technical fields, and adult education.  
 25.21  The board shall avoid duplicate program offerings.  The board 
 25.22  may initiate activities to close programs.  The board shall 
 25.23  place a high priority on ensuring the transferability of credit. 
 25.24     Sec. 38.  Minnesota Statutes 1995 Supplement, section 
 25.25  136F.36, subdivision 2, is amended to read: 
 25.26     Subd. 2.  [EXEMPTIONS.] The sale requirements of chapters 
 25.27  92 and 94 do not apply to this section, nor do the leasing 
 25.28  provisions of section 16B.24, nor do the construction 
 25.29  supervision and control provisions of sections 16B.30 to 
 25.30  16B.335.  The board shall develop policies for leasing 
 25.31  requirements and construction supervision.  The board will 
 25.32  normally competitively bid contracts related to instructional 
 25.33  construction but, notwithstanding the provisions of sections 
 25.34  16B.07 to 16B.09, may negotiate contracts without competitive 
 25.35  bidding where it deems appropriate. 
 25.36     Sec. 39.  [136F.42] [PERSONNEL MANAGEMENT.] 
 26.1      Subdivision 1.  [TIME REPORTING.] As provided in executive 
 26.2   order 96-2, the board, in consultation with the commissioners of 
 26.3   employee relations and finance, may develop policies to allow 
 26.4   system office or campus employees on salaries, as defined in 
 26.5   section 43A.17, subdivision 1, to use negative time reporting in 
 26.6   which employees report only that time for which leave is taken.  
 26.7   By the end of the 1997 fiscal year, the board, in consultation 
 26.8   with the commissioners of employee relations and finance, shall 
 26.9   evaluate the use of negative time reporting and its potential 
 26.10  for use with other state employees. 
 26.11     Subd. 2.  [TRAVEL POLICIES.] Notwithstanding chapter 43A, 
 26.12  the board may adopt policies for colleges and universities to 
 26.13  approve and administer travel arrangements, other than 
 26.14  reimbursement, for employees on campus, and for the system 
 26.15  office to provide the same services for employees in that office.
 26.16     Sec. 40.  Minnesota Statutes 1995 Supplement, section 
 26.17  136F.44, subdivision 2, is amended to read: 
 26.18     Subd. 2.  [EVALUATION INFORMATION.] Each state university, 
 26.19  community college, and technical college campus shall provide an 
 26.20  evaluation of this activity to the board, and The board shall 
 26.21  include a summary of campus and system activities related to 
 26.22  subdivision 1 in its 1998-1999 biennial budget request.  
 26.23     Sec. 41.  Minnesota Statutes 1995 Supplement, section 
 26.24  136F.50, is amended to read: 
 26.25     136F.50 [COOPERATION OR PROMOTION OF A STATE COLLEGE OR 
 26.26  UNIVERSITY.] 
 26.27     The board, system office, and the campuses may cooperate by 
 26.28  contractual arrangement or otherwise with responsible persons, 
 26.29  firms, corporations, associations, or governmental agencies to 
 26.30  promote short courses, research, and other programs and 
 26.31  activities in the state colleges and universities as in the 
 26.32  judgment of the board, system office, or a campus contribute to 
 26.33  the development of the state colleges and universities and the 
 26.34  welfare of their students. 
 26.35     Sec. 42.  [136F.526] [AUDITS.] 
 26.36     Each college and university shall be audited as provided by 
 27.1   board policy.  The policy shall be designed to ensure financial 
 27.2   integrity, necessary internal controls, and appropriate 
 27.3   accordance between board policies and campus expenditures.  The 
 27.4   college or university may arrange for any additional audits it 
 27.5   desires by contracting with the legislative auditor or a private 
 27.6   certified public accountant.  Nothing in this section shall 
 27.7   limit the authority of the legislative auditor to perform 
 27.8   selected scope audits or other duties of the office as provided 
 27.9   under section 3.971. 
 27.10     Sec. 43.  Minnesota Statutes 1995 Supplement, section 
 27.11  136F.53, subdivision 1, is amended to read: 
 27.12     Subdivision 1.  [BOARD POWER CAMPUS PARKING AUTHORITY.] 
 27.13  Notwithstanding section 169.966, the board may authorize a state 
 27.14  college or university to may adopt and enforce policies, 
 27.15  regulations, or ordinances for the regulation of traffic and 
 27.16  parking in parking facilities and on private roads and roadways 
 27.17  situated on property owned, leased, occupied, or operated by the 
 27.18  state college or university. 
 27.19     Sec. 44.  Minnesota Statutes 1995 Supplement, section 
 27.20  136F.53, subdivision 3, is amended to read: 
 27.21     Subd. 3.  [DISPUTES.] A state college or university, with 
 27.22  the approval of the board, shall establish procedures to resolve 
 27.23  a dispute arising from enforcement of a policy. 
 27.24     Sec. 45.  Minnesota Statutes 1995 Supplement, section 
 27.25  136F.58, is amended to read: 
 27.26     136F.58 [BOOKSTORES.] 
 27.27     The board may permit A state college or university to 
 27.28  conduct may operate a bookstore in a state college or university 
 27.29  building, or may allocate space in a state college or university 
 27.30  building and permit a person or corporation to conduct operate a 
 27.31  bookstore therein without rent at the board's campus' pleasure 
 27.32  and on such conditions as the board may impose.  The board may 
 27.33  provide insurance, at no cost to the state, for the inventory of 
 27.34  a bookstore a state college or university conducts in its 
 27.35  building. 
 27.36     Sec. 46.  [136F.581] [LOCAL SPENDING AUTHORITY.] 
 28.1      Subdivision 1.  [POLICIES AND PROCEDURES.] The board shall 
 28.2   develop policies for purchasing goods and services, and for 
 28.3   contracts for construction, alteration, repair, or maintenance 
 28.4   of real property.  In addition, each college and university, in 
 28.5   consultation with the system office, shall develop procedures 
 28.6   for those purchases and contracts that can be accomplished by a 
 28.7   college or university without board approval.  The board 
 28.8   policies may allow each college and university the local 
 28.9   authority to enter into contracts for construction projects of 
 28.10  up to $250,000 and to make other purchases of up to $50,000, 
 28.11  without receiving board approval.  The board may allow a college 
 28.12  or university local authority to make purchases over $50,000 
 28.13  without receiving board approval. 
 28.14     Subd. 2.  [REQUIREMENTS.] The policies and procedures 
 28.15  developed by the board and by individual colleges and 
 28.16  universities must comply with the following requirements: 
 28.17     (1) If the amount of the contract is estimated to be 
 28.18  $10,000 or less, the policies and procedures must be consistent 
 28.19  with section 471.345, subdivision 5. 
 28.20     (2) If the amount of the contract is estimated to exceed 
 28.21  $10,000 but not to exceed $25,000, the policies and procedures 
 28.22  must be consistent with section 471.345, subdivision 4. 
 28.23     (3) If the amount of the contract is estimated to exceed 
 28.24  $25,000, the policies and procedures must be consistent with 
 28.25  section 471.345, subdivision 3. 
 28.26     (4) The policies and procedures must include provisions for 
 28.27  procurement, including construction, from small targeted group 
 28.28  businesses and small businesses located in an economically 
 28.29  disadvantaged areas as designated under section 16B.19.  The 
 28.30  preferences granted under such policies and procedures shall be 
 28.31  consistent with section 16B.19, subdivisions 2c and 2d, or 
 28.32  consistent with the University of Minnesota's targeted group 
 28.33  business purchasing program. 
 28.34     Subd. 3.  [PROFESSIONAL OR TECHNICAL SERVICES.] (a) The 
 28.35  board shall develop policies for entering into contracts for 
 28.36  professional or technical services, other than instructional 
 29.1   services.  The policies must allow each college and university 
 29.2   the authority to enter into contracts for professional or 
 29.3   technical services up to $15,000 without board approval.  The 
 29.4   board may allow a college or university authority to enter into 
 29.5   contracts for professional or technical services over $15,000 
 29.6   without receiving board approval. 
 29.7      (b) Each college and university, in consultation with the 
 29.8   system office, shall develop procedures to enter into contracts 
 29.9   for professional or technical services. 
 29.10     (c) The policies and procedures developed by the board and 
 29.11  by each college and university for professional or technical 
 29.12  service contracts must be done in consultation with employees 
 29.13  and their exclusive bargaining representatives and must address 
 29.14  topics such as employee protections, information availability 
 29.15  and reporting, conflict of interest, and renewal restrictions. 
 29.16     Sec. 47.  [136F.582] [LOCAL CONTRACTING AUTHORITY.] 
 29.17     College and university presidents may enter into contracts 
 29.18  to provide customized training or for short-term leases of 
 29.19  instructional space or equipment without additional 
 29.20  authorization. 
 29.21     Sec. 48.  [136F.61] [STATE BUILDING CODE.] 
 29.22     All Minnesota state college and university facilities are 
 29.23  subject to the provisions of the state building code under 
 29.24  chapter 16B. 
 29.25     Sec. 49.  [136F.67] [FINANCING OF CHILD CARE; PARKING.] 
 29.26     Subdivision 1.  [AUTHORIZATION.] A technical college or a 
 29.27  community college must not seek financing for child care 
 29.28  facilities or parking facilities through the higher education 
 29.29  facilities authority, as provided in section 136A.28, 
 29.30  subdivision 7, without the explicit authorization of the board. 
 29.31     Subd. 2.  [PARKING.] State appropriations for repair or 
 29.32  construction of parking facilities must not be used for more 
 29.33  than one-half of the repair or construction cost of a parking 
 29.34  facility at any technical college or community college campus.  
 29.35  The campus must provide the remaining costs through local 
 29.36  revenue; however, revenue must not be raised through campuswide 
 30.1   assessments of students or employees without regard to use of 
 30.2   the parking facilities. 
 30.3      Sec. 50.  Minnesota Statutes 1995 Supplement, section 
 30.4   136F.71, is amended by adding a subdivision to read: 
 30.5      Subd. 3.  [INTEREST INCOME.] Interest income attributable 
 30.6   to general fund dedicated receipts of the board is appropriated 
 30.7   to the board.  The board shall allocate the income 
 30.8   proportionately among the colleges and universities. 
 30.9      Sec. 51.  Minnesota Statutes 1995 Supplement, section 
 30.10  136F.72, subdivision 3, is amended to read: 
 30.11     Subd. 3.  [ADMINISTRATION.] The board Each college and 
 30.12  university, independent of other authority and notwithstanding 
 30.13  chapters 16A and 16B, shall administer the money collected for 
 30.14  the state colleges and universities its activity funds and the 
 30.15  administrative fund.  The board shall administer the 
 30.16  administrative fund established in the system office.  All 
 30.17  activity fund money collected shall be administered under the 
 30.18  policies of the board subject to audit of the legislative 
 30.19  auditor.  
 30.20     Sec. 52.  Minnesota Statutes 1995 Supplement, section 
 30.21  136F.80, subdivision 2, is amended to read: 
 30.22     Subd. 2.  [DEPOSIT OF MONEY.] The board shall provide by 
 30.23  policy, in accordance with provisions of chapter 118, for the 
 30.24  deposit of all money received or referred to under this 
 30.25  section.  Whenever the board shall by resolution determine that 
 30.26  there are moneys in the state college or university funds not 
 30.27  currently needed, the board may by resolution authorize and 
 30.28  direct the president of the college or university to invest a 
 30.29  specified amount in securities as are duly authorized as legal 
 30.30  investments for savings banks and trust companies.  Securities 
 30.31  so purchased shall be deposited and held for the board by any 
 30.32  bank or trust company authorized to do a banking business in 
 30.33  this state.  Notwithstanding the provisions of chapter 118, the 
 30.34  state board of investment may invest assets of the board, 
 30.35  colleges, and universities when requested by the board, college, 
 30.36  or university. 
 31.1      Sec. 53.  Minnesota Statutes 1994, section 137.37, is 
 31.2   amended to read: 
 31.3      137.37 [OFF-CAMPUS SITES AND CENTERS.] 
 31.4      The board of regents and the university campuses are 
 31.5   requested to not establish any off-campus centers or other 
 31.6   permanent sites located off university campuses to provide 
 31.7   academic programs, courses, or student services without 
 31.8   authorizing legislation.  This section does not apply to sites 
 31.9   set up specifically for the delivery of courses and programs 
 31.10  through telecommunications. 
 31.11     Sec. 54.  Minnesota Statutes 1995 Supplement, section 
 31.12  169.441, subdivision 5, is amended to read: 
 31.13     Subd. 5.  [OPTIONAL MARKINGS; RULES.] A school district or 
 31.14  technical college may elect to show on the front and rear of the 
 31.15  school buses that it owns or contracts for, a plainly visible, 
 31.16  summary message explaining section 169.444, subdivisions 1 and 
 31.17  2.  If the school district or technical college elects to 
 31.18  display the message, it must conform with the rules of the 
 31.19  commissioner of children, families, and learning.  The 
 31.20  commissioner shall adopt rules governing the size, type, design, 
 31.21  display, and content of the summary message that may be shown. 
 31.22     Sec. 55.  Minnesota Statutes 1994, section 169.448, 
 31.23  subdivision 2, is amended to read: 
 31.24     Subd. 2.  [SCHOOL MOTOR COACHES.] (a) Neither A school 
 31.25  district nor a technical college may not acquire a motor coach 
 31.26  for transportation purposes.  
 31.27     (b) A motor coach acquired by a school district or 
 31.28  technical college before March 26, 1986, may be used by it only 
 31.29  to transport students participating in school activities, their 
 31.30  instructors, and supporting personnel to and from school 
 31.31  activities.  A motor coach may not be outwardly equipped and 
 31.32  identified as a school bus.  A motor coach operated under this 
 31.33  subdivision is not a school bus for purposes of section 
 31.34  124.225.  The state board of education shall implement rules 
 31.35  governing the equipment, identification, operation, inspection, 
 31.36  and certification of motor coaches operated under this 
 32.1   subdivision.  
 32.2      (c) After January 1, 1998, neither a school district nor a 
 32.3   technical college may not own or operate a motor coach for any 
 32.4   purpose.  
 32.5      Sec. 56.  Minnesota Statutes 1994, section 201.1611, is 
 32.6   amended to read: 
 32.7      201.1611 [POST-SECONDARY INSTITUTION VOTER REGISTRATION.] 
 32.8      Subdivision 1.  [FORMS.] All post-secondary institutions 
 32.9   that enroll students accepting state or federal financial aid 
 32.10  shall provide voter registration forms to each student upon 
 32.11  payment of tuition, fees, and activities funds at the 
 32.12  commencement of as early as possible in the fall quarter.  The 
 32.13  forms must contain spaces for the information required in 
 32.14  section 201.071, subdivision 1, and applicable rules of the 
 32.15  secretary of state.  The institutions may request these forms 
 32.16  from the secretary of state.  Institutions shall consult with 
 32.17  their campus student government in determining the most 
 32.18  effective means of distributing the forms and in seeking to 
 32.19  facilitate election day registration of students under section 
 32.20  201.061, subdivision 3. 
 32.21     Subd. 2.  [STUDENT VOTER REGISTRATION.] Upon registration 
 32.22  or receipt of payment of fees, students must be asked if they 
 32.23  want to register to vote at the same time.  A copy of each 
 32.24  completed voter registration form must be sent to the county 
 32.25  auditor of the county in which the voter maintains residence or 
 32.26  to the secretary of state as soon as possible.  All completed 
 32.27  voter registration forms must be forwarded to the county auditor 
 32.28  within five days and in no case later than 21 days before the 
 32.29  general election. 
 32.30     Sec. 57.  Minnesota Statutes 1994, section 248.07, 
 32.31  subdivision 7, is amended to read: 
 32.32     Subd. 7.  [BLIND, VENDING STANDS AND MACHINES ON 
 32.33  GOVERNMENTAL PROPERTY.] Notwithstanding any other law, for the 
 32.34  rehabilitation of blind persons the commissioner shall have 
 32.35  exclusive authority to establish and to operate vending stands 
 32.36  and vending machines in all buildings and properties owned or 
 33.1   rented exclusively by the Minnesota state colleges and 
 33.2   universities at a state university or, a community college 
 33.3   systems, a consolidated community technical college, or a 
 33.4   technical college served by the commissioner before January 1, 
 33.5   1996, or by any department or agency of the state of Minnesota 
 33.6   except the department of natural resources properties operated 
 33.7   directly by the division of state parks and not subject to 
 33.8   private leasing.  The merchandise to be dispensed by such 
 33.9   vending stands and machines may include nonalcoholic beverages, 
 33.10  food, candies, tobacco, souvenirs, notions and related items.  
 33.11  Such vending stands and vending machines herein authorized shall 
 33.12  be operated on the same basis as other vending stands for the 
 33.13  blind established and supervised by the commissioner under 
 33.14  federal law.  The commissioner shall waive this authority to 
 33.15  displace any present private individual concessionaire in any 
 33.16  state-owned or rented building or property who is operating 
 33.17  under a contract with a specific renewal or termination date, 
 33.18  until the renewal or termination date.  With the consent of the 
 33.19  governing body of a governmental subdivision of the state, the 
 33.20  commissioner may establish and supervise vending stands and 
 33.21  vending machines for the blind in any building or property 
 33.22  exclusively owned or rented by the governmental subdivision. 
 33.23     Sec. 58.  Laws 1995, chapter 212, article 2, section 20, 
 33.24  subdivision 1, is amended to read: 
 33.25     Subdivision 1.  [PLAN.] The state universities, community 
 33.26  colleges, and technical colleges shall each develop and 
 33.27  implement plans, in conjunction with the board of trustees, to 
 33.28  provide students with job placement history and projected demand 
 33.29  to students at the time the student declares a major program or 
 33.30  field of study for careers in major programs or fields of 
 33.31  study.  The University of Minnesota campuses are requested to 
 33.32  develop and implement similar plans.  These plans may allow for 
 33.33  this information to be provided through such means as in-person 
 33.34  student advising or electronic delivery, as determined by the 
 33.35  campus to best address student needs. 
 33.36     Sec. 59.  Laws 1995, chapter 212, article 2, section 20, 
 34.1   subdivision 2, is amended to read: 
 34.2      Subd. 2.  [CONTENTS.] Information provided must include 
 34.3   program placement history, and projected demand in the field and 
 34.4   in associated types of placement, using labor market forecasting 
 34.5   information from the department of economic security or similar 
 34.6   materials.  The plan must provide for students to indicate in 
 34.7   writing that they received the information. 
 34.8      Sec. 60.  [MINNESOTA STATE COLLEGE AND UNIVERSITY 
 34.9   POLICIES.] 
 34.10     Subdivision 1.  [GENERAL.] In establishing system policies 
 34.11  under this section and elsewhere in this act, the system office 
 34.12  and campus representatives shall consult with the departments of 
 34.13  administration, employee relations, and finance. 
 34.14     Subd. 2.  [PROPERTY DISPOSAL POLICY.] Notwithstanding 
 34.15  Minnesota Statutes, section 15.054, Minnesota state college and 
 34.16  university system and campus officials, in consultation with the 
 34.17  department of administration, shall establish an efficient 
 34.18  method for the disposal and exchange of property and equipment 
 34.19  no longer needed by the system office or a campus, but that 
 34.20  might be of use to another college or university in the system. 
 34.21     Sec. 61.  [FINANCIAL AID RULES.] 
 34.22     The higher education services office shall eliminate the 
 34.23  requirement that schools document that students have been 
 34.24  counseled regarding responsibilities as SELF loan borrowers.  
 34.25  Schools shall have a campus policy for counseling students about 
 34.26  their obligations and responsibilities as SELF borrowers.  This 
 34.27  counseling may be done in conjunction with federal loan 
 34.28  counseling.  The office shall work with the Minnesota 
 34.29  association of financial aid administrators to determine a 
 34.30  solution to the problems created by different federal and state 
 34.31  disbursement schedules and to improve the process relating to 
 34.32  holds on state grants for nonpayment of child support. 
 34.33     Sec. 62.  [CONTRACT LIABILITY.] 
 34.34     Any procurement contract involving the department of 
 34.35  administration that (1) was entered into before March 1, 1996, 
 34.36  and (2) would be breached without the participation of the 
 35.1   Minnesota state colleges and universities as determined by the 
 35.2   attorney general, shall remain in effect until the first time 
 35.3   that the Minnesota state colleges and universities can be 
 35.4   excluded without liability. 
 35.5      Sec. 63.  [REPEALER.] 
 35.6      Minnesota Statutes 1994, sections 137.03; 137.05; 137.06; 
 35.7   137.07; 137.08; 137.11; 137.14; 137.15; and 137.33; and 
 35.8   Minnesota Statutes 1995 Supplement, section 136F.59, subdivision 
 35.9   1, are repealed. 
 35.10     Sec. 64.  [EFFECTIVE DATE.] 
 35.11     Sections 1 to 63 are effective the day following final 
 35.12  enactment.