SF 5326

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/25/2024 08:49am

A bill for an act
relating to higher education; providing for funding and related policy changes to
certain licensure and grant provisions; prohibiting postsecondary institutions from
considering certain criminal records during the application process; providing that
postsecondary education participation satisfies employment requirements for
persons on postprison supervised release; providing funds related to child care;
establishing fees; appropriating money; amending Minnesota Statutes 2022, sections
136A.29, subdivision 9; 136A.69, subdivision 1; 136A.824, subdivisions 1, 2;
Laws 2022, chapter 42, section 2; Laws 2023, chapter 41, article 1, sections 2,
subdivisions 36, 49, as amended; 4, subdivision 2; proposing coding for new law
in Minnesota Statutes, chapters 135A; 136A; 241; 244; repealing Minnesota Statutes
2022, sections 241.265; 609B.311.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

HIGHER EDUCATION APPROPRIATIONS

Section 1.

Laws 2022, chapter 42, section 2, is amended to read:

Sec. 2. APPROPRIATION; ALS RESEARCH.

(a) deleted text begin $20,000,000 deleted text end new text begin $396,000 new text end in fiscal year 2023 is appropriated from the general fund to
the commissioner of the Office of Higher Education to award competitive grants to applicants
for research into amyotrophic lateral sclerosis (ALS). The commissioner may work with
the Minnesota Department of Health to administer the grant program, including identifying
clinical and translational research and innovations, developing outcomes and objectives
with the goal of bettering the lives of individuals with ALS and finding a cure for the disease,
and application review and grant recipient selection. Not more than $400,000 may be used
by the commissioner to administer the grant program. new text begin This is a onetime appropriation.
Notwithstanding Minnesota Statutes, section 16A.28, unencumbered balances under this
section do not cancel until June 30, 2026.
new text end

new text begin (b) $19,604,000 in fiscal year 2024 is appropriated from the general fund to the
commissioner of the Office of Higher Education to award competitive grants to applicants
for research into amyotrophic lateral sclerosis (ALS). The commissioner may work with
the Minnesota Department of Health to administer the grant program, including identifying
clinical and translational research and innovations, developing outcomes and objectives
with the goal of bettering the lives of individuals with ALS and finding a cure for the disease,
and application review and grant recipient selection. Up to $15,000,000 may be used by the
commissioner for grants to the Amyotrophic Lateral Sclerosis Association, Never Surrender,
or other similar organizations to award and administer competitive grants to applicants for
research into ALS under this section. This is a onetime appropriation. Notwithstanding
Minnesota Statutes, section 16A.28, unencumbered balances under this section do not cancel
until June 30, 2029.
new text end

deleted text begin (b) deleted text end new text begin (c) new text end Grants shall be awarded to support clinical and translational research related to
ALS. Research topics may include but are not limited to environmental factors, disease
mechanisms, disease models, biomarkers, drug development, clinical studies, precision
medicine, medical devices, assistive technology, and cognitive studies.

deleted text begin (c) deleted text end new text begin (d) new text end Eligible applicants for the grants are research facilities, universities, and health
systems located in Minnesota. Applicants must submit proposals to the commissioner in
the time, form, and manner established by the commissioner. Applicants may coordinate
research endeavors and submit a joint application. When reviewing the proposals, the
commissioner shall make an effort to avoid approving a grant for an applicant whose research
is duplicative of an existing grantee's research.

deleted text begin (d) deleted text end new text begin (e) new text end Beginning January 15, 2023, and annually thereafter until January 15, deleted text begin 2027 deleted text end new text begin 2030 new text end ,
the commissioner shall submit a report to the legislature specifying the applicants receiving
grants under this section, the amount of each grant, the purposes for which the grant funds
were used, and the amount of the appropriation that is unexpended. The report must also
include relevant findings, results, and outcomes of the grant program, and any other
information which the commissioner deems significant or useful.

deleted text begin (e) This is a onetime appropriation. Notwithstanding Minnesota Statutes, section 16A.28,
unencumbered balances under this section do not cancel until June 30, 2026.
deleted text end

Sec. 2.

Laws 2023, chapter 41, article 1, section 2, subdivision 36, is amended to read:

Subd. 36. Fostering Independence Higher Education Grants

4,247,000

deleted text begin 4,416,000 deleted text end new text begin 9,456,000 new text end

$4,247,000 the first year and deleted text begin $4,416,000 deleted text end new text begin
$9,456,000 new text end the second year are for grants to
eligible students under Minnesota Statutes,
section 136A.1241. The Office of Higher
Education may use no more than three percent
of the appropriation to administer grants. new text begin The
base for this appropriation is $4,416,000 for
fiscal year 2026 and thereafter.
new text end

Sec. 3.

Laws 2023, chapter 41, article 1, section 2, subdivision 49, as amended by Laws
2024, chapter 85, section 111, is amended to read:

Subd. 49. North Star Promise

-0-

deleted text begin 117,226,000 deleted text end new text begin 112,186,000 new text end

deleted text begin $117,226,000 deleted text end new text begin $112,186,000 new text end the second year
is transferred from the general fund to the
account in the special revenue fund under
Minnesota Statutes, section 136A.1465,
subdivision 8. The base for the transfer is
$49,500,000 in fiscal year 2026 and thereafter.

Sec. 4.

Laws 2023, chapter 41, article 1, section 4, subdivision 2, is amended to read:

Subd. 2. Operations and Maintenance

686,558,000

676,294,000

(a) $15,000,000 in fiscal year 2024 and
$15,000,000 in fiscal year 2025 are to: (1)
increase the medical school's research
capacity; (2) improve the medical school's
ranking in National Institutes of Health
funding; (3) ensure the medical school's
national prominence by attracting and
retaining world-class faculty, staff, and
students; (4) invest in physician training
programs in rural and underserved
communities; and (5) translate the medical
school's research discoveries into new
treatments and cures to improve the health of
Minnesotans.

(b) $7,800,000 in fiscal year 2024 and
$7,800,000 in fiscal year 2025 are for health
training restoration. This appropriation must
be used to support all of the following: (1)
faculty physicians who teach at eight residency
program sites, including medical resident and
student training programs in the Department
of Family Medicine; (2) the Mobile Dental
Clinic; and (3) expansion of geriatric
education and family programs.

(c) $4,000,000 in fiscal year 2024 and
$4,000,000 in fiscal year 2025 are for the
Minnesota Discovery, Research, and
InnoVation Economy funding program for
cancer care research.

(d) $500,000 in fiscal year 2024 and $500,000
in fiscal year 2025 are for the University of
Minnesota, Morris branch, to cover the costs
of tuition waivers under Minnesota Statutes,
section 137.16.

(e) $5,000,000 in fiscal year 2024 and
$5,000,000 in fiscal year 2025 are for
systemwide safety and security measures on
University of Minnesota campuses. The base
amount for this appropriation is $1,000,000
in fiscal year 2026 and later.

(f) $366,000 in fiscal year 2024 and $366,000
in fiscal year 2025 are for unemployment
insurance aid under Minnesota Statutes,
section 268.193.

(g) $10,000,000 the first year is for programs
at the University of Minnesota Medical School
deleted text begin Campus on the deleted text end CentraCare Health System
Campus in St. Cloud. This appropriation may
be used for tuition support, deleted text begin a residency
program, a rural health research program, a
program to target scholarships to students from
diverse backgrounds, and a scholarship
program targeted at students who will practice
in rural areas deleted text end new text begin including a scholarship
endowment fund targeted at students who will
practice in rural areas and targeted at students
from diverse backgrounds; costs associated
with opening and operating a new regional
campus; costs associated with the expansion
of a residency program; and costs associated
with starting and operating a rural health
research program new text end . This appropriation is
available until June 30, 2027, and must be
spent deleted text begin on deleted text end new text begin for activities on or associated with new text end
the CentraCare Health System Campus in the
greater St. Cloud area. This is a onetime
appropriation.

(h) $374,000 the first year and $110,000 the
second year are to pay the cost of supplies and
equipment necessary to provide access to
menstrual products for purposes of article 2,
section 2.

(i) The total operations and maintenance base
for fiscal year 2026 and later is $672,294,000.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5. new text begin APPROPRIATION; KIDS ON CAMPUS INITIATIVE.
new text end

new text begin $500,000 in fiscal year 2025 is appropriated from the general fund to the Board of
Trustees of the Minnesota State Colleges and Universities to participate in the Kids on
Campus initiative with the National Head Start Association and the Association of
Community College Trustees. This appropriation may be used for a temporary statewide
project coordinator, stipends to campuses and Head Start centers where letters of intent to
officially form a partnership have been signed, engaging with local Head Start programs,
and other costs associated with creating campus Head Start partnerships. Stipends shall be
used to support the formation of parenting student advisory panels to gather perspective
and feedback on proposed partnerships. The duties of the temporary statewide project
coordinator include assessing the feasibility of partnerships between Minnesota State Colleges
and Universities campuses and Head Start programs across the state, consulting with the
Minnesota Head Start Association and existing Head Start partnership programs to develop
best practices, working with campus-based navigators for parenting students to provide
resources for financial aid and basic needs support to Head Start programs, and developing
strategies to grow the early childhood care and education workforce through partnerships
between Head Start programs and early childhood degree and certificate programs. This is
a onetime appropriation and is available until June 30, 2026.
new text end

ARTICLE 2

HIGHER EDUCATION POLICY

Section 1.

new text begin [135A.062] CONSIDERATION OF CRIMINAL RECORDS LIMITED.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to postsecondary institutions under
section 136A.155, except that the Board of Regents of the University of Minnesota is
requested to comply with this section.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin As used in this section, "a violent felony or sexual assault" includes
a felony-level violation or attempted violation of section 609.185; 609.19; 609.195; 609.20;
609.221; 609.2242, subdivision 4; 609.2247; 609.245, subdivision 1; 609.247, subdivision
2; 609.282; 609.322; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3458; 609.561,
subdivision 1 or 2; 609.582, subdivision 1; 609.66, subdivision 1e; or 609.749.
new text end

new text begin Subd. 3. new text end

new text begin Consideration of criminal records limited. new text end

new text begin A postsecondary institution may
not inquire into, consider, or require disclosure of the criminal record or criminal history
of an applicant for admission. After a postsecondary institution has made an offer of
admission, the postsecondary institution may inquire into, consider, or require disclosure
of a conviction that occurred within the previous five years for a violent felony or sexual
assault. The postsecondary institution must provide the applicant with an opportunity to
submit an explanatory statement, letters of recommendation, evidence of rehabilitation, and
any other supporting documents. The institution must provide clear and detailed instructions
and guidance to applicants related to what criminal history requires disclosure. The institution
must not require the applicant to provide official records of criminal history. A postsecondary
institution that rescinds an offer of admission must:
new text end

new text begin (1) provide an explanation of the basis for the decision to rescind the offer of admission;
and
new text end

new text begin (2) provide the applicant with an opportunity to appeal the decision to rescind.
new text end

new text begin Subd. 4. new text end

new text begin Other information. new text end

new text begin This section shall not prohibit or limit a postsecondary
institution from inquiring about student conduct records at the applicant's prior postsecondary
institution after making an offer of admission. This section shall not prohibit or limit a
postsecondary institution from inquiring about a student's ability to meet licensure
requirements in a professional program after making an offer of admission.
new text end

new text begin Subd. 5. new text end

new text begin Limitation on admissibility. new text end

new text begin (a) A postsecondary institution that complies
with this section is immune from liability in a civil action arising out of the institution's
decision to admit a student with a criminal history or the institution's failure to conduct a
criminal background check.
new text end

new text begin (b) Nothing in this section creates or establishes a legal duty upon a postsecondary
institution to inquire into or require disclosure of the criminal history or criminal convictions
of a student or an applicant for admission.
new text end

Sec. 2.

Minnesota Statutes 2022, section 136A.29, subdivision 9, is amended to read:

Subd. 9.

Revenue bonds; limit.

The authority is authorized and empowered to issue
revenue bonds whose aggregate principal amount at any time shall not exceed deleted text begin $1,300,000,000 deleted text end new text begin
$2,000,000,000 new text end and to issue notes, bond anticipation notes, and revenue refunding bonds
of the authority under the provisions of sections 136A.25 to 136A.42, to provide funds for
acquiring, constructing, reconstructing, enlarging, remodeling, renovating, improving,
furnishing, or equipping one or more projects or parts thereof.

Sec. 3.

Minnesota Statutes 2022, section 136A.69, subdivision 1, is amended to read:

Subdivision 1.

Registration fees.

(a) The office shall collect reasonable registration fees
that are sufficient to recover, but do not exceed, its costs of administering the registration
program. The office shall charge the fees listed in paragraphs (b) deleted text begin and (c) deleted text end new text begin to (d) new text end for new
registrations.

(b) A new school offering no more than one degree at each level during its first year
must pay registration fees for each applicable level in the following amounts:

associate degree	$2,000
baccalaureate degree	$2,500
master's degree	$3,000
doctorate degree	$3,500

(c) A new school that will offer more than one degree per level during its first year must
pay registration fees in an amount equal to the fee for the first degree at each degree level
under paragraph (b), plus fees for each additional nondegree program or degree as follows:

nondegree program	$250
additional associate degree	$250
additional baccalaureate degree	$500
additional master's degree	$750
additional doctorate degree	$1,000

new text begin (d) In addition to the fees under paragraphs (b) and (c), a fee of $600 must be paid for
an initial application that: (1) has had four revisions, corrections, amendment requests, or
application reminders for the same application or registration requirement; or (2) cumulatively
has had six revisions, corrections, amendment requests, or application reminders for the
same license application and the school seeks to continue with the application process with
additional application submissions. If this fee is paid, the school may submit two final
application submissions for review prior to application denial under section 136A.65,
subdivision 8. This provision excludes from its scope any initial process or interpretation
questions or inquiries, initiated by the school, that do not necessitate substantial staff effort
to review amendments or corrections, or when the office requests initial verification or
validation of a completed application.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end The annual renewal registration fee is $1,500.

new text begin (f) In addition to the fee under paragraph (e), a fee of $600 must be paid for a renewal
application that: (1) has had four revisions, corrections, amendment requests, or application
reminders for the same application or registration requirement; or (2) cumulatively has had
six revisions, corrections, amendment requests, or application reminders for the same license
application and the school seeks to continue with the application process with additional
application submissions. If this fee is paid, the school may submit two final application
submissions for review prior to application denial under section 136A.65, subdivision 8.
This provision excludes from its scope any initial process or interpretation questions or
inquiries, initiated by the school, that do not necessitate substantial staff effort to review
amendments or corrections, or when the office requests initial verification or validation of
a completed application.
new text end

Sec. 4.

new text begin [136A.786] INCARCERATED STUDENT AID BORROWERS.
new text end

new text begin The commissioner of corrections shall collect information upon intake about incarcerated
persons who have self-identified as federal student aid borrowers. The commissioner of
corrections shall relay this information to the commissioner of higher education. The
commissioner of corrections, in consultation with the commissioner of higher education,
shall develop a plan by December 1, 2024, to assist incarcerated persons in enrolling in a
federal income-driven repayment plan in which there are no monthly payments or accrual
of interest for borrowers with earnings below the federal poverty guidelines.
new text end

Sec. 5.

Minnesota Statutes 2022, section 136A.824, subdivision 1, is amended to read:

Subdivision 1.

Initial licensure fee.

new text begin (a) new text end The office processing fee for an initial licensure
application is:

(1) $2,500 for a private career school that will offer no more than one program during
its first year of operation;

(2) $750 for a private career school licensed exclusively due to the use of the term
"college," "university," "academy," or "institute" in its name, or licensed exclusively in
order to participate in state grant or SELF loan financial aid programs; and

(3) $2,500, plus $500 for each additional program offered by the private career school,
for a private career school during its first year of operation.

new text begin (b) In addition to the fee under paragraph (a), a fee of $600 must be paid for an initial
application that: (1) has had four revisions, corrections, amendment requests, or application
reminders for the same application or licensure requirement; or (2) cumulatively has had
six revisions, corrections, amendment requests, or application reminders for the same license
application and the private career school seeks to continue with the application process with
additional application submissions. If this fee is paid, the private career school may submit
two final application submissions for review prior to application denial under section
136A.829, subdivision 1, clause (2). This provision excludes from its scope any initial
process or interpretation questions or inquiries, initiated by the school, that do not necessitate
substantial staff effort to review amendments or corrections, or when the office requests
initial verification or validation of a completed application.
new text end

Sec. 6.

Minnesota Statutes 2022, section 136A.824, subdivision 2, is amended to read:

Subd. 2.

Renewal licensure fee; late fee.

(a) The office processing fee for a renewal
licensure application is:

(1) for a private career school that offers one program, the license renewal fee is $1,150;

(2) for a private career school that offers more than one program, the license renewal
fee is $1,150, plus $200 for each additional program with a maximum renewal licensing
fee of $2,000;

(3) for a private career school licensed exclusively due to the use of the term "college,"
"university," "academy," or "institute" in its name, the license renewal fee is $750; and

(4) for a private career school licensed by another state agency and also licensed with
the office exclusively in order to participate in state student aid programs, the license renewal
fee is $750.

(b) If a license renewal application is not received by the office by the close of business
at least 60 days before the expiration of the current license, a late fee of $100 per business
day, not to exceed $3,000, shall be assessed.

new text begin (c) In addition to the fee under paragraph (a), a fee of $600 must be paid for a renewal
application that: (1) has had four revisions, corrections, amendment requests, or application
reminders for the same application or licensure requirement; or (2) cumulatively has had
six revisions, corrections, amendment requests, or application reminders for the same license
application and the private career school seeks to continue with the application process with
additional application submissions. If this fee is paid, the private career school may submit
two final application submissions for review prior to application denial under section
136A.829, subdivision 1, clause (2). This provision excludes from its scope any initial
process or interpretation questions or inquiries, initiated by the school, that do not necessitate
substantial staff effort to review amendments or corrections, or when the office requests
initial verification or validation of a completed application.
new text end

Sec. 7.

new text begin [241.267] PRISON EDUCATION PARTNERSHIPS.
new text end

new text begin The commissioner may not enter into an agreement or establish a prison education
partnership with a higher education institution that:
new text end

new text begin (1) is organized as a private for-profit postsecondary institution as described in section
136A.62, subdivision 3, clause (2), item (ii); or
new text end

new text begin (2) charges incarcerated students a higher per-credit rate than the rate for nonincarcerated
students.
new text end

Sec. 8.

new text begin [244.60] SUPERVISED RELEASE EMPLOYMENT REQUIREMENT;
POSTSECONDARY EDUCATION.
new text end

new text begin If the commissioner of corrections imposes a requirement on a person placed on
supervised release that the person work or be employed, the commissioner shall provide
that enrollment and participation in postsecondary education satisfies this requirement.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 241.265; and 609B.311, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S5326-1

241.265 HIGHER EDUCATION; CERTAIN PAYMENTS PROHIBITED.

The commissioner may not pay for a college education program beyond the associate of arts degree level for an inmate convicted of first- or second-degree murder. The commissioner of corrections may only pay for an associate of arts college education program for an inmate convicted of first or second degree murder if the inmate's participation in the program does not increase the cost of the program to the institution.

609B.311 MURDER CONVICTION; HIGHER EDUCATION PAYMENTS FOR PRISON INMATES LIMITED.

Section 241.265 prohibits the commissioner of corrections from paying for certain higher education programs for an inmate convicted of first- or second-degree murder.