Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 356-S.F.No. 1535
An act relating to higher education; appropriating
money for education and related purposes to the higher
education coordinating board, state board of technical
colleges, state board for community colleges, state
university board, University of Minnesota, higher
education board, and the Mayo medical foundation, with
certain conditions; creating the higher education
board; amending Minnesota Statutes 1990, sections
15A.081, subdivision 7b; 135A.03, subdivision 3, and
by adding subdivisions; 135A.05; 136.11, subdivisions
3, 5, and by adding a subdivision; 136.142,
subdivision 1; 136A.04, subdivision 1; 136A.101,
subdivisions 7, 8, and by adding subdivisions;
136A.121, subdivisions 6, 11, and 16; 136A.125,
subdivisions 2, 3, 4, 6, and by adding a subdivision;
136A.132, subdivisions 3, 5, and 6; 136A.1352,
subdivision 1; 136A.1353, subdivision 4; 136A.1355,
subdivision 1; 136A.233, subdivision 3; 179A.10,
subdivision 2; 298.28, subdivisions 4, 7, 10, 11, and
by adding a subdivision; 299A.45, subdivision 1;
626.84, subdivision 1; and Laws 1990, chapter 591,
article 3, section 10; proposing coding for new law in
Minnesota Statutes, chapters 135A; 136; 136A; 136C;
168; 298; and 626; proposing coding for new law as
Minnesota Statutes, chapter 136E; repealing Minnesota
Statutes, sections 136A.132; 136A.1351; and 626.86.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. HIGHER EDUCATION APPROPRIATIONS
The sums in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or other named fund, to the
agencies and for the purposes specified in this article. The
listing of an amount under the figure "1992" or "1993" in this
article indicates that the amount is appropriated to be
available for the fiscal year ending June 30, 1992, or June 30,
1993, respectively. "The first year" is fiscal year 1992. "The
second year" is fiscal year 1993. "The biennium" is fiscal
years 1992 and 1993.
SUMMARY BY FUND
1992 1993 TOTAL
General $ 994,500,000 $ 991,000,000 $1,985,500,000
SUMMARY BY AGENCY - ALL FUNDS
1992 1993 TOTAL
Higher Education Coordinating Board
97,669,000 93,494,000 191,163,000
State Board for Technical Colleges
165,466,000 165,061,000 330,527,000
State Board for Community Colleges
99,486,000 100,747,000 200,233,000
State University Board
183,134,000 179,666,000 362,800,000
Board of Regents of the University of Minnesota
446,760,000 451,076,000 897,836,000
Mayo Medical Foundation
985,000 956,000 1,941,000
Higher Education Board
1,000,000 0 1,000,000
APPROPRIATIONS
Available for the Year
Ending June 30
1992 1993
Sec. 2. HIGHER EDUCATION
COORDINATING BOARD
Subdivision 1. Total
Appropriation 97,669,000 93,494,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Agency Administration
3,324,000 3,317,000
$75,000 each year is available for
grants to initiate regional
coordination of telecommunications in
the delivery of instructional programs.
The higher education coordinating board
shall award the grants to Southwest
State University, St. Cloud Technical
College, and the University of
Minnesota at Crookston to coordinate
the development and operation of a
cooperative arrangement with other
post-secondary institutions and school
districts in its geographic region.
The arrangements shall provide for
shared classes, avoidance of program
duplication, facilitate transfer of
credits, and other purposes. The grant
recipients must match the state grant.
The coordinating board shall establish
procedures for the grant applications.
The coordinating board shall report on
the grants to the 1993 legislature and
disseminate results to educational
institutions.
Each public post-secondary system shall
review the number of hours that faculty
devote each week to student services,
teaching, preparation, research,
community services, and other
functions. Each system shall provide
the information in a coordinated format
to the higher education coordinating
board which shall summarize the
information and review and comment on
it. The coordinating board shall
provide the information to the
education, finance, and appropriations
committees by January 15, 1993.
The higher education coordinating board
shall coordinate the development and
operation of a statewide post-secondary
graduate follow-up reporting system
that will help students and prospective
students make informed educational and
occupational decisions. The public
post-secondary state governing boards
and private post-secondary colleges and
occupational and technical institutions
that enroll recipients of state
financial aid grants are responsible
for the implementation and maintenance
of the system. The coordinating board
shall develop appropriate reporting
procedures and mechanisms; assemble,
interpret, and publish annually the
information that will be provided to
consumers; and develop an audit
program. The system shall be based on
the employment experience and further
education of graduates. The system
shall also include information on all
sub-baccalaureate occupational programs
and all programs that lead to an
occupation requiring certification,
licensure, or testing for entry. The
first phase of the system must include
all sub-baccalaureate occupational
programs.
$58,000 in the second year is for
membership in the Midwest Higher
Education Compact. The appropriation
for this membership is in place of the
appropriation for membership in the
Western Interstate Commission on Higher
Education.
$300,000 is for child care innovation
grants.
Subd. 3. Average Cost Funding Task
Force
The average cost funding task force
shall review and refine uniform
definitions of terms that are related
to funding, including: extension,
continuing education, continuous
enrollment, campuses, centers, sites,
on-campus, off-campus, credit,
noncredit, degree and nondegree,
remedial, and college level. The task
force shall then examine: changes in
full-year equivalent enrollment since
the enactment of average cost funding;
the distribution of students in credit
and noncredit programs and in degree
and nondegree programs; other sources
of funding for students and academic
programs; and the changes in enrollment
and cost among the average cost funding
cells. The department of finance shall
assist each higher education system in
implementing the definitions of
enrollment so that they comply with
these in making their calculations.
The task force shall report its
findings and recommendations to the
education divisions of the
appropriations and finance committees
by February 1, 1992.
Subd. 4. State Grants
80,643,000 78,050,000
If the appropriation in this
subdivision for either year is
insufficient, the appropriation for the
other year is available for it.
This appropriation contains money for
increasing living allowances for state
grants to $3,750 for the first year and
$4,033 for the second year.
The HECB may use up to $250,000 of the
appropriation in each year to provide
grants for Minnesota resident students
participating in the Akita program.
Grants must be awarded on the same
basis as other state grants, except
that the cost of attendance shall be
adjusted to incorporate the state
university tuition level and the Akita
fee level. An individual grant must
not exceed the state grant maximum
award for a student at a four-year
private college.
$2,500,000 each year is for child care
grants. For the biennium, the board
may determine a reasonable percentage
of the appropriation to be used for the
administrative costs of the agency.
The HECB shall review the use of the
grants to dislocated rural workers to
determine whether the grants are
efficiently managed, and whether they
provide for educational opportunities
that would not otherwise be available.
The board shall report on the findings
for the future of this program to the
education divisions of the
appropriations and finance committees
by January 15, 1992.
Subd. 5. Interstate Tuition
Reciprocity
6,625,000 5,050,000
If the appropriation in this
subdivision for either year is
insufficient, the appropriation for the
other year is available to meet
reciprocity contract obligations.
Subd. 6. State Work Study
5,869,000 5,869,000
Subd. 7. Income Contingent Loans
The HECB shall administer an income
contingent loan repayment program to
assist graduates of Minnesota schools
in medicine, dentistry, pharmacy,
chiropractic medicine, public health,
and veterinary medicine, and Minnesota
residents graduating from optometry and
osteopathy programs. During the
biennium, applicant data collected by
the higher education coordinating board
for this program may be disclosed to a
consumer credit reporting agency under
the same conditions as apply to the
supplemental loan program according to
Minnesota Statutes, section 136A.162.
Subd. 8. Minitex Library Program
1,208,000 1,208,000
Subd. 9. Balances Forward
An unencumbered balance in the first
year under a subdivision in this
section does not cancel but is
available for the second year.
Subd. 10. Transfers
The higher education coordinating board
may transfer unencumbered balances from
the appropriations in this section to
the state grant appropriation and the
interstate tuition reciprocity
appropriation. Before the transfer,
the higher education coordinating board
shall consult with the chairs of the
house appropriations and senate finance
committees.
Sec. 3. STATE BOARD OF TECHNICAL COLLEGES
Subdivision 1. Total
Appropriation $165,466,000 $165,061,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$224,454,000 the first year and
$226,179,000 the second year.
The maximum full-year equivalent
enrollment for the purpose of
calculating the state share of
instructional cost in the 1993 biennial
budget document shall be 32,420. Any
enrollment exceeding this number shall
be supported by tuition revenue only.
In each year, the board may spend no
more than $34,553,000 from all sources
for extension programs. The
legislature intends that this money be
used primarily to support occupational
programs, particularly those from which
credits may be transferred to
continuous enrollment programs. In the
next biennium, the legislature must
consider the recommendation of the
average cost funding task force under
section 2, subdivision 3 when setting
the general fund appropriation for
extension. This money is intended to
cover all direct and indirect costs
associated with extension. The state
board shall report on its fully
allocated expenditures by February 1 of
each year of the biennium.
The legislature intends that at least
$8,430,000 in each year be spent for
instructional equipment.
$525,000 in each year is for library
development and acquisitions.
Subd. 3. Noninstructional Expenditures
The legislature estimates that
noninstructional expenditures will be
$2,092,000 the first year and
$1,546,000 the second year. * (The
language "$1,546,000 the second year"
was vetoed by the governor. At the
time of publication, the question of
whether the veto is effective was under
consideration by Minnesota courts.)
$1,057,000 the first year and $511,000
the second year are for debt service
payments to school districts for
technical college buildings financed
with district bonds issued before
January 1, 1979.
Subd. 4. Federal Funds
For fiscal year 1992, the state board
shall allocate 12.75 percent of the
federal funds received from the Carl D.
Perkins Vocational and Applied
Technology Education Act of 1990, to
the state board of education for the
purpose of supporting secondary
vocational technical education programs
and services. The state board for
technical colleges and the state board
of education must establish a process
for allocating the Carl D. Perkins
funds in future years and report that
process to the education,
appropriations, and finance committees.
The number of students in special
populations served at each education
level must be considered in developing
the process.
Subd. 5. State Council on Vocational
Technical Education
$99,000 in each year must be allocated
by the state board to the state council
on vocational education.
Subd. 6. Moorhead Technical College
Independent school district No. 152,
Moorhead Technical College, may spend
up to $350,000 to construct classroom
and related space for farm business,
small business, and other management
programs at Moorhead Technical
College. The expenditure must be made
entirely from local money.
Subd. 7. Northeast Metro Technical
College
Intermediate school district No. 916,
Northeast Metro Technical College, may
spend up to $325,500 to construct a
media center and to make electrical and
mechanical renovations at Northeast
Metro Technical College. The
expenditure must be made entirely from
local money.
Subd. 8. Dakota County Technical
College
Intermediate school district No. 917,
Dakota County Technical College, may
spend up to $399,000 to construct
additional classroom and related space
at Dakota County Technical College.
The expenditure must be made entirely
from local money.
Subd. 9. Detroit Lakes Technical
College
The commissioner of finance shall give
priority to the Detroit Lakes Technical
College building project authorized by
Laws 1990, chapter 610, article 1,
section 2, subdivision 7.
Sec. 4. STATE BOARD FOR COMMUNITY
COLLEGES
Subdivision 1. Total
Appropriation 99,486,000 100,747,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$135,188,000 the first year and
$137,864,000 the second year.
This appropriation includes $2,771,000
the first year and $2,704,000 the
second year for increased enrollments.
This is a nonrecurring appropriation
and will not be included when
calculating the base for the 1993-1995
biennial budget. This appropriation is
based on estimated enrollments of
34,490 in 1992 and 35,540 in 1993.
The maximum full-year equivalent
enrollment for the purpose of
calculating the state share of
instructional cost in the 1993 biennial
budget document shall be 35,540. Any
enrollment exceeding this number shall
be supported by tuition revenue only.
$907,570 in each year is for library
acquisitions.
The legislature intends that at least
$2,288,000 be spent each year for
instructional equipment.
The community college system shall
develop and implement a plan that
results in equity in funding between
the center at Cambridge and other
colleges of similar size. This
appropriation includes $50,000 each
year to begin the implementation. *
(The language "This appropriation
includes $50,000 each year to begin the
implementation." was vetoed by the
governor.)
Subd. 3. Noninstructional
Expenditures
The legislature estimates that
noninstructional expenditures will be
$14,585,000 the first year and
$14,585,000 the second year. * (The
language "$14,585,000 the second year"
was vetoed by the governor. At the
time of publication, the question of
whether the veto is effective was under
consideration by Minnesota courts.)
Sec. 5. STATE UNIVERSITY BOARD
Subdivision 1. Total
Appropriation $183,134,000 $179,666,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$250,201,000 the first year and
$248,917,000 the second year.
The legislature estimates that $150,000
each year will be spent at Mankato
State University for payment of a lease
for the Warren Street Building. This
is the final and nonrecurring
appropriation for this purpose.
Notwithstanding Minnesota Statutes,
section 136.09, subdivision 3, or other
law to the contrary, during the
biennium neither the state university
board nor the state university campuses
shall plan or develop doctoral level
programs or degrees until after they
have received the recommendation of the
house and senate committees on
education, finance, and appropriations.
The maximum full-year equivalent
enrollment for the purpose of
calculating the state share of
instructional cost in the 1993 biennial
budget document shall be 53,065. Any
enrollment exceeding this number shall
be supported by tuition revenue only.
$2,613,000 in each year is for library
acquisitions.
The legislature intends that at least
$6,331,000 each year be spent for
instructional equipment.
Subd. 3. Noninstructional
Expenditures
The legislature estimates that
noninstructional expenditures will be
$14,359,000 the first year and
$14,359,000 the second year. * (The
language "$14,359,000 the second year"
was vetoed by the governor. At the
time of publication, the question of
whether the veto is effective was under
consideration by Minnesota courts.)
Subd. 4. Campus Initiatives
The state university board may begin
implementation of its quality education
plans through campus initiatives that
enhance the quality of student and
institutional performances. The state
university board may internally
allocate up to $250,000 for the
biennium to provide funding for these
initiatives. The board shall evaluate
the results of the initiatives and
report its findings to the education
divisions of the appropriations and
finance committees by January 15, 1993.
Subd. 5. St. Cloud State
The St. Cloud State University
Foundation may provide money for the
design and construction of an addition
to the existing business education
building located on the St. Cloud State
University campus. The state board
shall repay the loan with interest at a
rate not to exceed the rate the state
would pay on its bonds issued for the
same purpose.
Notwithstanding Minnesota Statutes,
chapter 94, the state university board
may enter into an agreement with the
city of St. Cloud to exchange parcels
of land. The conveyances must be made
for no monetary consideration and by
quitclaim deed in a form approved by
the attorney general. Before the
conveyances, the state university board
and the city of St. Cloud shall enter
an agreement on temporary easements on
the parcels of land to be exchanged.
Subd. 6. Mankato State
The $3,720,000 appropriated by Laws
1990, chapter 610, article 1, section
4, subdivision 3, paragraph (a), to
provide for heating plant
rehabilitation at Mankato State
University, may be used to fund the
heating plant rehabilitation at the
university for an estimated cost of
$2,220,000. The remaining $1,500,000
of the appropriation must be used to
install a campus chilled water system
at the heating plant. The existing
heating plant must be expanded to
accommodate the rehabilitation and the
chilled water system.
Sec. 6. BOARD OF REGENTS OF THE
UNIVERSITY OF MINNESOTA
Subdivision 1. Total
Appropriation 446,760,000 451,076,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Operations and
Maintenance 365,863,000 370,179,000
On December 1 each year the president
of the University of Minnesota shall
report to the senate finance and house
appropriations committees and the
commissioner of finance any receipts
for the previous fiscal year in excess
of the estimates on which these
appropriations are based, the sources
of these receipts, the purposes for
which any excess receipts were spent,
and the accounts to which the receipts
were transferred. The total estimated
receipts are $134,754,000 for the first
year and $134,453,000 for the second
year.
(a) Instructional Expenditures
The legislature estimates that
instructional expenditures will be
$374,145,000 the first year and
$378,160,000 the second year.
The regular session enrollment
projected for this appropriation is
32,550 full-year equivalent
undergraduate students for the first
year and 31,600 for the second year.
For the biennium ending June 30, 1993,
tuition income resulting from students
in excess of the projections reduces
the general fund appropriation by a
like dollar amount. The university
shall submit progress reports on the
attainment of the anticipated
enrollments. If the university attains
these enrollment goals, the calculation
for the average cost funding formula
must not reduce the budget base.
This appropriation includes $25,000 for
the China Center to provide student
services.
The president of the University of
Minnesota shall report to the education
divisions of the senate finance and
house appropriations committees by
January 15, 1992, on the merits,
feasibility, and current status of
University of Minnesota undergraduate
and graduate students pursuing study
abroad in programs where the language
of instruction is other than English.
The president shall propose a timetable
and funding arrangement for reaching
the goal of a comparable number of
Minnesota students pursuing overseas
study where the language of instruction
is other than English as there are
foreign students studying at the
University of Minnesota whose primary
language is not English.
The board of regents is requested to
continue the dental hygienist program
at the University of Minnesota at
Duluth at the current funding level
until another public post-secondary
board agrees to operate the program.
$4,135,100 in each year is for library
acquisitions.
The legislature intends that at least
$7,036,000 each year be spent for
instructional equipment.
(b) Noninstructional Expenditures
The legislature estimates that
noninstructional expenditures will be
$126,472,000 in the first year and
$126,473,000 in the second year.
Indirect cost recovery money retained
during the biennium by the University
of Minnesota must be used exclusively
for the direct support of research or
the financing of support activities
directly contributing to the receipt of
indirect cost recovery money. It may
be used for debt retirement for
research-related buildings. It may not
be used for teaching or service.
The legislature anticipates that
$200,000 each year will be allocated to
the Hormel Institute.
Subd. 3. Special
Appropriation 85,192,000 85,192,000
The amounts expended for each program
in the four categories of special
appropriations shall be separately
identified in the 1993 biennial budget
document.
(a) Agriculture and Extension Service
44,593,000 44,593,000
This appropriation is for the
Agriculture Research and Minnesota
Extension Service.
Any salary increases granted by the
university to personnel paid from the
Minnesota Extension appropriation must
not result in a reduction of the county
portion of the salary payments.
During the biennium, the university
shall maintain an advisory council
system for each experiment station.
The advisory councils must be broadly
representative of range of size and
income distribution of farms and
agribusinesses and must not
disproportionately represent those from
the upper half of the size and income
distributions.
(b) Health Sciences
17,392,000 17,392,000
This appropriation is for Indigent
Patients (County Papers), Rural
Physicians Associates Program, Medical
Research, Special Hospitals Service and
Educational Offset, the Veterinary
Diagnostic Laboratory, Institute for
Human Genetics, and the Biomedical
Engineering Center.
(c) Institute of Technology
3,605,000 3,605,000*
* (The second appropriation of $3,605,000 was vetoed by the
governor.)
This appropriation is for the Minnesota
Mining and Mineral Resources Research
Institute, the Geological Survey,
Underground Space Center, Talented
Youth Mathematics Program,
Microelectronics and Information
Science Center, and the Productivity
Center.
(d) System Specials
19,602,000 19,602,000*
* (The second appropriation of $19,602,000 was vetoed by
the governor.)
This appropriation is for Fellowships
for Minority and Disadvantaged
Students, General Research,
Intercollegiate Athletics, Student
Loans Matching Money, Industrial
Relations Education, Natural Resources
Research Institute, Sea Grant College
Program, Biological Process Technology
Institute, Supercomputer Institute,
Center for Urban and Regional Affairs,
Museum of Natural History, and the
Humphrey Exhibit.
This appropriation includes money to
improve the programs and resources
available to women and to ensure that
campuses are in compliance with Title
IX of the Educational Amendment Act of
1972 and Minnesota Statutes, section
126.21. The women's athletic program
shall be funded by the formula
allowance or a minimum of $65,000 per
campus per year. Each campus will
receive the greater of the two
calculations.
Of this appropriation, no less than the
following amounts must be allocated to
each campus:
Duluth $551,600 $551,600
Morris $66,100 $66,100
Crookston $65,000 $65,000
Waseca $65,000
Subd. 4. Base Reduction (4,295,000) (4,295,000)
The appropriations in subdivision 2,
paragraph (b), for noninstructional
expenditures and in subdivision 3 for
special appropriations shall be reduced
$4,295,000 in each year.
Sec. 7. MAYO MEDICAL FOUNDATION
Subdivision 1. Total
Appropriation 985,000 956,000
The amounts that may be spent from this
appropriation for each purpose are
specified in the following subdivisions.
Subd. 2. Medical School
711,000 682,000
The state of Minnesota shall pay a
capitation of $9,875 per year for each
student who is a resident of Minnesota.
This appropriation provides capitation
for 20 Minnesota residents in each of
the four classes at Mayo Medical
School. The appropriation may be
transferred between years of the
biennium to accommodate enrollment
fluctuations.
The legislature intends that during the
biennium the Mayo foundation use the
capitation money to increase the number
of doctors practicing in rural areas in
need of doctors as identified by the
higher education coordinating board.
Subd. 3. Family Practice and
Graduate Residency Program
274,000 274,000
The state of Minnesota shall pay a
capitation of $15,222 each year for a
maximum of 18 students each year.
Sec. 8. POST-SECONDARY SYSTEMS
In preparing budget requests for the
1993-1995 biennium, the commissioner of
finance shall make the same categories
of base level adjustments, when
reasonable and equitable, to the
budgets of higher education systems as
to the budgets of state agencies. The
amounts and the purposes must be
delineated in the 1993 biennial budget
document.
Each governing board must apply budget
reductions to central administration in
at least the same proportion as they
apply them to instructional
expenditures.
Sec. 9. HIGHER EDUCATION BOARD 1,000,000*
$1,000,000 is appropriated for the
biennium to the higher education board
created in article 9 of this act. The
appropriation in this section is
available immediately. ("1,000,000"
after "HIGHER EDUCATION BOARD" in the
first line of this section was vetoed
by the governor.)
ARTICLE 2
COORDINATION AND QUALITY INITIATIVES
Section 1. [135A.052] [POST-SECONDARY MISSIONS.]
Subdivision 1. [STATEMENT OF MISSIONS.] The legislature
recognizes each public post-secondary system to have a
distinctive mission within the overall provision of public
higher education in the state and a responsibility to cooperate
with the other systems. These missions are as follows:
(1) the technical college system shall offer vocational
training and education to prepare students for skilled
occupations that do not require a baccalaureate degree;
(2) the community college system shall offer lower division
instruction in academic programs, occupational programs in which
all credits earned will be accepted for transfer to a
baccalaureate degree in the same field of study, and remedial
studies, for students transferring to baccalaureate institutions
and for those seeking associate degrees;
(3) the state university system shall offer undergraduate
and graduate instruction through the master's degree, including
specialist certificates, in the liberal arts and sciences and
professional education; and
(4) the University of Minnesota shall offer undergraduate,
graduate, and professional instruction through the doctoral
degree, and shall be the primary state supported academic agency
for research and extension services.
Subd. 2. [IMPLEMENTATION.] Each post-secondary system
shall review and redesign its programs and courses in accordance
with the mission stated in subdivision 1, unless exceptional
geographic or financial circumstances exist that necessitate
retaining a program that is beyond a system's mission. The
higher education advisory council shall review program offerings
within each system to determine whether existing program
offerings that are inconsistent with the stated mission have
been eliminated or transferred. The council shall also review
any exceptional circumstances cited as a justification for
retaining programs that are beyond a system's mission.
Subd. 3. [COORDINATION.] The higher education coordinating
board shall oversee the implementation of the transfer and
elimination of programs. The board shall ensure that duplicate
and inappropriate programs are identified and that changes are
made in a timely manner.
Sec. 2. [135A.061] [INTERSYSTEM COUNCIL.]
An intersystem council is established to improve
communications among post-secondary systems on relevant policy
issues. The council is composed of officers or other
representatives of each public post-secondary governing board
and of the higher education coordinating board. The council
shall determine its meeting times but shall meet at least twice
each year. Members shall report on discussions and actions of
the council to their respective governing boards. The council
shall determine its agenda from issues that affect more than one
system. These may include: transfer of credit, efficiency of
campus and system operations, duplication of programs and
courses, mission delineation, cooperative arrangements, academic
quality initiatives, and the effects of a system's proposed
plans on the other systems. The council shall notify the chairs
of the education, appropriations, and finance committees of the
legislature in advance of its meetings.
Sec. 3. [135A.50] [JOINT ADMINISTRATIVE APPOINTMENTS.]
Subdivision 1. [APPOINTMENTS.] To improve the efficient
delivery of services to students and to reduce unnecessary
administrative expenditures, each technical college and
community college, located in the same or nearby communities, as
provided in Laws 1983, chapter 258, section 64, subdivision 1,
except those in which both of the cooperating institutions had a
full-year equivalent enrollment or average daily membership of
at least 1,600 in fiscal year 1989, must consolidate all
personnel at the level of presidents, vice presidents, deans,
and other managers in academic support programs in community
colleges and all personnel in similar positions at technical
colleges in the fiscal year immediately following the pilot
programs. This consolidation of personnel is not intended to
apply to instructional staff. Personnel involved in the
consolidated functions are joint employees of the state board of
technical colleges and the state board for community colleges.
Subd. 2. [PILOT PROGRAMS.] Notwithstanding any law to the
contrary, the state board of technical colleges and the state
board for community colleges shall implement pilot programs of
administrative consolidation at two locations no later than the
1992-1993 academic year. The boards shall try to begin
implementation for the 1991-1992 academic year. The boards
shall seek presidents willing to allow their campuses to
participate voluntarily. If no president volunteers, the boards
shall jointly designate sites.
Subd. 3. [PROCEDURES.] The community college and technical
college systems shall develop necessary plans to implement
subdivision 1 at all applicable sites. The systems shall
determine necessary statutory changes and changes in system
procedures and rules, analyze particular problems that develop
during the pilot projects, and shall estimate the cost savings
that the administrative consolidations will produce annually.
As part of the plan, the systems shall report their progress in
developing the plans by February 1, 1992.
Sec. 4. Minnesota Statutes 1990, section 136A.04,
subdivision 1, is amended to read:
Subdivision 1. The higher education coordinating board
shall:
(1) continuously study and analyze all phases and aspects
of higher education, both public and private, and develop
necessary plans and programs to meet present and future needs of
the people of the state;
(2) continuously engage in long-range planning for the
needs of higher education and, if necessary, cooperatively
engage in planning with neighboring states and agencies of the
federal government;
(3) act as successor to any committee or commission
previously authorized to engage in exercising any of the powers
and duties prescribed by sections 136A.01 to 136A.07;
(4) review, approve or disapprove, make recommendations,
and identify priorities with respect to all proposals for new,
additional, or changes in existing programs or large-scale or
permanent sites of instruction to be established in or offered
by public post-secondary institutions and, with respect to
programs only, private post-secondary institutions. The board
shall forward its recommendations on sites to the chairs of the
house appropriations and senate finance committees. The board
shall also periodically review existing programs and recommend
discontinuing or modifying any existing program. For public
post-secondary institutions, the board shall approve or
disapprove continuation or modification of existing programs.
For private post-secondary institutions, the board shall
recommend continuation or modification of existing programs.
Before a public post-secondary program can be offered at a
site other than that for which it was approved originally, the
program must be resubmitted for approval. When reviewing a site
or program, the board shall consider whether it is unnecessary,
a needless duplication, beyond the capability of the system or
institution considering its resources, or beyond the scope of
the system or institutional mission;
(5) develop in cooperation with the post-secondary systems,
house appropriations committee, senate finance committee, and
the departments of administration and finance, a compatible
budgetary reporting format designed to provide data of a nature
to facilitate systematic review of the budget submissions of the
public post-secondary institutions, which includes the relating
of dollars to program output; review, approve or disapprove, and
identify priorities with respect to all proposals for new,
additional, or changes in existing large-scale or permanent
sites of instruction to be established in or offered by public
post-secondary institutions. The board shall forward its
decisions on sites to the chairs of the house appropriations and
senate finance committees. Private post-secondary institutions
must give reasonable notice to the board prior to making binding
decisions to establish a site or center, and are requested to
participate in this site approval process. When reviewing a
site, the board shall consider whether it is unnecessary, a
needless duplication, beyond the capability of the system or
institution considering its resources, or beyond the scope of
the system or institutional mission;
(6) review budget requests, including plans for
construction or acquisition of facilities, of the public
post-secondary institutions for the purpose of relating present
resources and higher educational programs to the state's present
and long-range needs; and conduct a continuous analysis of the
financing of post-secondary institutions and systems, including
the assessments as to the extent to which the expenditures and
accomplishments are consistent with legislative intent;
(7) obtain from private post-secondary institutions
receiving state funds a report on their use of those funds;
(8) continuously monitor and study (7) coordinate the
development and implementation of transfer agreements by the
systems that ensure the transferability of credits between
Minnesota post-secondary institutions, earned for equal and
relevant work at those institutions, the degree to which credits
earned at one institution are accepted at full value by the
other institutions, and the policies of these institutions
concerning the placement of these transferred credits on
transcripts; and
(9) (8) prescribe policies, procedures, and rules necessary
to administer the programs under its supervision.
Sec. 5. [136C.71] [TECHNICAL COLLEGE DISTRICTS.]
Subdivision 1. [ASSIGNMENT.] The state board shall create
at least nine but not more than 15 technical college districts.
All portions of the state shall be assigned to a district by the
state board, except that intermediate districts as defined in
section 136C.02, school districts in cities of the first class,
and school districts operating technical colleges where the
college had an average daily membership in fiscal year 1989 of
at least 1,500 in continuous programs, may vote to not be
assigned. The state board must make the district designations
by December 15, 1991.
Subd. 2. [OPERATION.] The formation and operation of
technical college districts shall be as provided in sections
136C.60 to 136C.69.
Sec. 6. [TASK FORCE ON POST-SECONDARY FUNDING FORMULA.]
Subdivision 1. [MEMBERSHIP.] A task force on
post-secondary funding is established. The task force shall
consist of 15 members as follows: two members of the house of
representatives and one citizen member to be appointed by the
speaker, two members of the senate and one citizen member to be
appointed by the subcommittee on committees of the committee of
rules and administration, the head of each public post-secondary
system, a representative of the private college council, the
commissioner of finance, two citizen members to be appointed by
the governor; and one student to be appointed by the student
advisory council. The task force shall elect a chair and other
officers as it deems necessary.
Members of the task force shall be compensated as provided
in Minnesota Statutes, section 15.059, subdivision 6.
Subd. 2. [CHARGE.] The task force shall be charged with
developing an alternative funding formula for post-secondary
education. The formula shall create incentives for quality
post-secondary education while maintaining access for students.
The task force must develop a formula that can be funded within
the projected constraints of the state budget in the coming
decade.
Subd. 3. [REPORT.] The task force shall report its
recommendations to the appropriations and finance committees of
the legislature by September 1, 1992.
Subd. 4. [EXPIRATION.] The task force shall expire on June
30, 1993.
Sec. 7. [QUALITY INCENTIVES.]
Subdivision 1. [LEGISLATIVE INTENT.] In order to encourage
a better match between student abilities and needs and system
mission and strengths, and to promote better opportunities for
student success and enhanced instructional quality, the
legislature intends to provide funding for improvements in rates
of student retention, graduation, and transfer from two- to
four-year systems.
Subd. 2. [PROPOSALS.] By September 15, 1991, each public
post-secondary system shall propose to the education divisions
of the appropriations and finance committees (1) mechanisms to
increase its quality in these areas, and (2) methods by which
the increases may be measured.
Sec. 8. [CREDIT TRANSFER.]
By September 15, 1991, the higher education advisory
council shall resolve differences and inconsistencies within and
among the post-secondary systems relating to educationally sound
transfer of credit policies, including system policies on the
award of credits, transferability of general education
components, use of tests for determining credit or proficiency,
development of a transfer curriculum to satisfy lower division
requirements, and provision and use of appeals processes. Each
system also shall review and update its existing credit transfer
policy. The post-secondary systems shall devise and implement
procedures for exchanging information that documents the
performance and progress of individual students who transfer
between systems. The legislature intends that credit transfer
policies provide for the broadest and most simple mechanisms
that are feasible while protecting the academic quality of
institutions and programs.
Sec. 9. [EFFECTIVE DATE.]
Sections 3, 5, 7, and 8 are effective the day following
final enactment.
ARTICLE 3
ENROLLMENT, FUNDING, AND MANAGEMENT
Section 1. Minnesota Statutes 1990, section 135A.03, is
amended by adding a subdivision to read:
Subd. 1a. [APPROPRIATIONS FOR CERTAIN ENROLLMENTS.] The
state share of the cost of instruction shall be 32 percent for
the following categories:
(1) enrollment in credit bearing courses at an off campus
site or center, except those courses at Cambridge and Fond du
Lac centers; the Arrowhead and Rochester 2 + 2 programs; those
offered through telecommunications; those offered by the
technical colleges; and those offered as part of a joint degree
program; and
(2) enrollment of students who are concurrently enrolled in
a secondary school and for whom the institution is receiving any
compensation under the post-secondary enrollment options act.
Sec. 2. Minnesota Statutes 1990, section 135A.03,
subdivision 3, is amended to read:
Subd. 3. [DETERMINATION OF STUDENT ENROLLMENT.] Student
enrollment shall be the full-year equivalent or average daily
membership enrollment in each instructional category in the
fiscal year two years before the fiscal year for which the
appropriations are being made, except as provided in subdivision
3a. Student enrollment for the purpose of calculating
appropriations for the second year of the biennium may be
estimated on the basis of the latest enrollment data available.
Student enrollment shall include students enrolled in courses
that award credit or otherwise satisfy any of the requirements
of an academic or vocational program.
Sec. 3. Minnesota Statutes 1990, section 135A.03, is
amended by adding a subdivision to read:
Subd. 3a. [EXCLUSIONS FROM ENROLLMENT.] Student enrollment
for the purposes of average cost funding shall not include:
(1) any undergraduate students who do not meet the
residency criteria established under subdivision 7;
(2) enrollment in extension at the technical colleges; and
(3) students enrolled in recreational or leisure-time
activity courses, except for those students enrolled in a
degree-granting program for whom the credits would apply toward
a baccalaureate degree.
Sec. 4. Minnesota Statutes 1990, section 135A.03, is
amended by adding a subdivision to read:
Subd. 7. [RESIDENCY RESTRICTIONS.] In calculating student
enrollment for appropriations, only the following may be
included:
(1) students who resided in the state for at least one
calendar year prior to applying for admission;
(2) Minnesota residents who can demonstrate that they were
temporarily absent from the state without establishing residency
elsewhere; and
(3) residents of other states who are attending a Minnesota
institution under a tuition reciprocity agreement.
Sec. 5. Minnesota Statutes 1990, section 135A.05, is
amended to read:
135A.05 [TASK FORCE.]
The executive director of the Minnesota higher education
coordinating board shall administer a task force on average cost
funding. The task force shall include representation from each
of the public systems of post-secondary education,
post-secondary students, the education division of the house
appropriations committee, the education subcommittee division of
the senate finance committee, and the office of the commissioner
of finance, the office of state auditor, and the uniform
financial accounting and reporting advisory council. The task
force shall be convened and chaired by the executive director or
a designee and staffed by the higher education coordinating
board. The task force shall be convened at least annually. The
task force shall review and make recommendations on the
definition of instructional cost in all four systems, the method
of calculating average cost for funding purposes, the method
used to assign programs to the proper level of cost at each
level of instruction, the adequacy of the accounting data for
defining instructional cost in a uniform manner, and the
biennial budget format to be used by the four systems in
submitting their biennial budget requests. The task force shall
submit a report on these matters to the legislature by December
1 of each odd-numbered year. The task force expires June 30,
1993.
Sec. 6. [135A.131] [LOCAL ASSESSMENT.]
Each public post-secondary governing board may pay when due
any assessment by a local unit of government that is less than
five percent of the board's appropriation for repair and
replacement.
Sec. 7. Minnesota Statutes 1990, section 136.11,
subdivision 3, is amended to read:
Subd. 3. [UNIVERSITY ACTIVITY FUND.] The state university
board shall establish in each university a fund to be known as
the university activity fund. The purpose of this fund shall be
to provide for the administration of university activities
designed for student recreational, social, welfare, and
educational pursuits supplemental to the regular curricular
offerings. The university activity fund shall encompass
accounts for student activities, authorized university agencies,
authorized auxiliary enterprises, and student loans, gifts and
endowments, and in addition such other accounts as the board may
prescribe.
Sec. 8. Minnesota Statutes 1990, section 136.11, is
amended by adding a subdivision to read:
Subd. 3a. [SYSTEMWIDE ADMINISTRATIVE FUND.] The chancellor
may establish a fund within the system office for systemwide
management of employee retirement funds, contracts, student
equipment purchases, and receipt and transfer of foreign program
funds.
Sec. 9. Minnesota Statutes 1990, section 136.11,
subdivision 5, is amended to read:
Subd. 5. [ADMINISTRATION OF ACTIVITY FUND MONEYS.] The
state university board independent of other authority and
notwithstanding chapters 16A and 16B, shall administer the money
collected for the university activities fund and the systemwide
administrative fund. All university activity fund money
collected shall be retained by the president of each state
university to be administered under the rules of the state
university board by the presidents of the respective
universities subject to audit of the legislative auditor.
Sec. 10. Minnesota Statutes 1990, section 136.142,
subdivision 1, is amended to read:
Subdivision 1. The state university board may receive and
accept on behalf of the state and for the benefit of any state
university any gift, bequest, devise, or endowment which any
person, firm, corporation, or association may make to the board
by will, deed, gift, or otherwise for the purpose of the
university activity funds. The state university board may use
any money heretofore given it or any of the universities under
its jurisdiction by any person, firm, corporation, or
association by will, deed, gift, devise, or endowment for the
purpose of providing money for any aspect of the university
activity funds, provided that such use of such money is not
inconsistent with the terms and conditions under which the money
was received by the board or a university under its
jurisdiction. Gifts, bequests, devises, or endowments
heretofore or hereafter so received are hereby appropriated to
the board for the purposes stated. Gifts, bequests, devises or
endowments of real property shall be reviewed by the chairs of
the Minnesota house of representatives appropriations and the
Minnesota senate finance committees who shall give for their
recommendations to the legislative advisory commission. The
legislative advisory commission shall then recommend to the
board about whether or not the property should be accepted. The
recommendation of the committee shall be recommendations are
advisory only. Failure or refusal of the commission to make a
recommendation promptly shall be deemed a negative
recommendation. All taxes and special assessments constituting
a lien on any real property received and accepted by the board
under this section shall be paid in full before title is
transferred to the state. All other moneys deposited in the
university activity funds are hereby appropriated to the board
for use in the respective universities where collected.
Sec. 11. [136.172] [LITIGATION AWARDS.]
Notwithstanding any law to the contrary, the state
university board may keep money received from successful
litigation by or against the board. Awards made to the state or
the board resulting from litigation against or by the board must
be kept by the board to the credit of the account from which the
litigation was originally funded. An award that exceeds the
costs incurred in the litigation shall be used by the board for
repair or replacement projects. The board shall report on any
awards it receives as part of its biennial budget request.
Sec. 12. [136.653] [STUDENT HOUSING MANAGEMENT.]
The state board for community colleges may contract with
student housing facility owners or on-site management firms to
assist in the operation, control, and management of the facility.
Sec. 13. Laws 1990, chapter 591, article 3, section 10, is
amended to read:
Sec. 10. [CONDITIONS.]
(a) The state university board, the state board for
community colleges, the state board of vocational technical
education, and their respective campuses must not enter into new
long-term lease arrangements, significantly increase the course
offerings at off-campus sites, enter any 2 + 2 arrangements, or
significantly increase staffing levels for off-campus sites
between the effective date of this section and the end of the
1990-1991 1992-1993 academic year. A current long-term lease
may be renewed if it expires during this period. The board of
regents is requested to abide by these conditions until the end
of the 1990-1991 1992-1993 academic year.
(b) This section does not apply to actions of Metropolitan
State University that are part of its plan to consolidate its
sites in the seven-county metropolitan area. The state
university board shall consult with the chairs of the house
appropriations and senate finance committees in carrying out its
plans. For purposes of this paragraph, "plan to consolidate"
does not include entering into any 2 + 2 arrangements.
Sec. 14. [PROGRAM TRANSFER.]
The higher education coordinating board, in consultation
with the state governing boards of the community colleges,
technical colleges, and University of Minnesota, shall develop
and begin to implement a plan for transferring courses and
programs currently offered by the community college system in
Duluth, where there is sufficient student need to warrant
continuation of the course or program. Where appropriate,
occupational programs shall be transferred to the technical
college system; academic and remedial courses shall be
transferred to the Fond du Lac center or to the continuing
education and extension program at the University of Minnesota,
Duluth. In developing the plan, the higher education
coordinating board shall consider duplication of services,
including courses provided through the Duluth school district.
The board shall report the plan to the education divisions of
the appropriations and finance committees by February 1, 1992.
Sec. 15. [HECB RECOMMENDATIONS TO LEGISLATURE.]
By January 15, 1993, the higher education coordinating
board shall present to the education committees of the
legislature recommendations for linking funding of
post-secondary education systems to achievement of the system
plans and missions that are required under Minnesota Statutes,
section 135A.06, and to achievement by students of system and
institution learner outcomes.
Sec. 16. [EFFECTIVE DATE.]
Sections 5 and 14 are effective the day following final
enactment.
ARTICLE 4
IRON RANGE HIGHER EDUCATION
Section 1. [298.2214] [IRON RANGE HIGHER EDUCATION.]
Subdivision 1. [CREATION OF COMMITTEE; PURPOSE.] A
committee is created to advise the commissioner of iron range
resources and rehabilitation on providing higher education
programs in the taconite tax relief area defined in section
273.134. The committee is subject to section 15.059.
Subd. 2. [MEMBERSHIP.] The members of the committee shall
consist of:
(1) one member appointed by the governor;
(2) one member appointed by the president of the University
of Minnesota;
(3) two members appointed by the commissioner of iron range
resources and rehabilitation; and
(4) the commissioner of iron range resources and
rehabilitation.
Subd. 3. [ADVISORY FUNCTION.] The committee shall advise
the commissioner regarding development of a contract with the
state university system. The contract would require the system
to provide courses within the taconite tax relief area.
Subd. 4. [CONTRACT.] The commissioner shall prepare a
contract as described in subdivision 3 and submit it to the
committee for review and recommendations for approval,
disapproval, or modifications. At the conclusion of the review
process, the commissioner shall enter into a contract with the
state university system to provide the services.
Subd. 5. [HECB AND SYSTEM APPROVAL.] A program may not be
offered under a contract executed according to this section
unless it is approved by the higher education coordinating board
and the board of the system offering the program.
Sec. 2. Minnesota Statutes 1990, section 298.28,
subdivision 4, is amended to read:
Subd. 4. [SCHOOL DISTRICTS.] (a) 27.5 cents per taxable
ton plus the increase provided in paragraph (d) must be
allocated to qualifying school districts to be distributed,
based upon the certification of the commissioner of revenue,
under paragraphs (b) and (c).
(b) 5.5 cents per taxable ton must be distributed to the
school districts in which the lands from which taconite was
mined or quarried were located or within which the concentrate
was produced. The distribution must be based on the
apportionment formula prescribed in subdivision 2.
(c)(i) 22 cents per taxable ton, less any amount
distributed under paragraph (e), shall be distributed to a group
of school districts comprised of those school districts in which
the taconite was mined or quarried or the concentrate produced
or in which there is a qualifying municipality as defined by
section 273.134 in direct proportion to school district indexes
as follows: for each school district, its pupil units
determined under section 124.17 for the prior school year shall
be multiplied by the ratio of the average adjusted net tax
capacity per pupil unit for school districts receiving aid under
this clause as calculated pursuant to chapter 124A for the
school year ending prior to distribution to the adjusted net tax
capacity per pupil unit of the district. Each district shall
receive that portion of the distribution which its index bears
to the sum of the indices for all school districts that receive
the distributions.
(ii) Notwithstanding clause (i), each school district that
receives a distribution under sections 298.018; 298.23 to
298.28, exclusive of any amount received under this clause;
298.34 to 298.39; 298.391 to 298.396; 298.405; or any law
imposing a tax on severed mineral values that is less than the
amount of its levy reduction under section 275.125, subdivision
9, for the second year prior to the year of the distribution
shall receive a distribution equal to the difference; the amount
necessary to make this payment shall be derived from
proportionate reductions in the initial distribution to other
school districts under clause (i).
(d) On July 15, in years prior to 1988, an amount equal to
the increase derived by increasing the amount determined by
paragraph (c) in the same proportion as the increase in the
steel mill products index over the base year of 1977 as provided
in section 298.24, subdivision 1, clause (a), shall be
distributed to any school district described in paragraph (c)
where a levy increase pursuant to section 124A.03, subdivision
2, is authorized by referendum, according to the following
formula. On July 15, 1988, the increase over the amount
established for 1987 shall be determined as if there had been an
increase in the tax rate under section 298.24, subdivision 1,
paragraph (b), according to the increase in the implicit price
deflator. On July 15, 1989, and subsequent years 1990, and
1991, the increase over the amount established for the prior
year shall be determined according to the increase in the
implicit price deflator as provided in section 298.24,
subdivision 1, paragraph (a). In 1992 and 1993, the amount
distributed per ton shall be the same as that determined for
distribution in 1991. In 1994, the amount distributed per ton
shall be equal to the amount per ton distributed in 1991
increased in the same proportion as the increase between the
fourth quarter of 1988 and the fourth quarter of 1992 in the
implicit price deflator as defined in section 298.24,
subdivision 1. On July 15, 1995, and subsequent years, the
increase over the amount established for the prior year shall be
determined according to the increase in the implicit price
deflator as provided in section 298.24, subdivision 1. Each
district shall receive the product of:
(i) $175 times the pupil units identified in section
124.17, subdivision 1, enrolled in the second previous year or
the 1983-1984 school year, whichever is greater, less the
product of 1.8 percent times the district's taxable net tax
capacity in the second previous year; times
(ii) the lesser of:
(A) one, or
(B) the ratio of the amount certified pursuant to section
124A.03, subdivision 2, in the previous year, to the product of
1.8 percent times the district's taxable net tax capacity in the
second previous year.
If the total amount provided by paragraph (d) is
insufficient to make the payments herein required then the
entitlement of $175 per pupil unit shall be reduced uniformly so
as not to exceed the funds available. Any amounts received by a
qualifying school district in any fiscal year pursuant to
paragraph (d) shall not be applied to reduce general education
aid which the district receives pursuant to section 124A.23 or
the permissible levies of the district. Any amount remaining
after the payments provided in this paragraph shall be paid to
the commissioner of iron range resources and rehabilitation who
shall deposit the same in the taconite environmental protection
fund and the northeast Minnesota economic protection trust fund
as provided in subdivision 11.
Each district receiving money according to this paragraph
shall reserve $25 times the number of pupil units in the
district. It may use the money only for outcome-based learning
programs that enhance the academic quality of the district's
curriculum. The programs must be approved by the commissioner
of education.
(e) There shall be distributed to any school district the
amount which the school district was entitled to receive under
section 298.32 in 1975.
Sec. 3. Minnesota Statutes 1990, section 298.28,
subdivision 7, is amended to read:
Subd. 7. [IRON RANGE RESOURCES AND REHABILITATION BOARD.]
Three cents per taxable ton shall be paid to the iron range
resources and rehabilitation board for the purposes of section
298.22. The amount determined in this subdivision shall be
increased in 1981 and subsequent years prior to 1988 in the same
proportion as the increase in the steel mill products index as
provided in section 298.24, subdivision 1, and shall be
increased in 1989 and subsequent years, 1990, and 1991 according
to the increase in the implicit price deflator as provided in
section 298.24, subdivision 1. In 1992 and 1993, the amount
distributed per ton shall be the same as the amount distributed
per ton in 1991. In 1994, the amount distributed shall be the
distribution per ton for 1991 increased in the same proportion
as the increase between the fourth quarter of 1988 and the
fourth quarter of 1992 in the implicit price deflator as defined
in section 298.24, subdivision 1. That amount shall be
increased in 1995 and subsequent years in the same proportion as
the increase in the implicit price deflator as provided in
section 298.24, subdivision 1. The amount distributed in 1988
shall be increased according to the increase that would have
occurred in the rate of tax under section 298.24 if the rate had
been adjusted according to the implicit price deflator for 1987
production. The amount distributed pursuant to this subdivision
shall be expended within or for the benefit of a tax relief area
defined in section 273.134. No part of the fund provided in
this subdivision may be used to provide loans for the operation
of private business unless the loan is approved by the governor
and the legislative advisory commission.
Sec. 4. Minnesota Statutes 1990, section 298.28,
subdivision 10, is amended to read:
Subd. 10. [INCREASE.] The amounts determined under
subdivisions 6, paragraph (a), and 9 shall be increased in 1979
and subsequent years prior to 1988 in the same proportion as the
increase in the steel mill products index as provided in section
298.24, subdivision 1. The amount distributed in 1988 shall be
increased according to the increase that would have occurred in
the rate of tax under section 298.24 if the rate had been
adjusted according to the implicit price deflator for 1987
production. Those amounts shall be increased in 1989 and
subsequent years, 1990, and 1991 in the same proportion as the
increase in the implicit price deflator as provided in section
298.24, subdivision 1. In 1992 and 1993, the amounts determined
under subdivisions 6, paragraph (a), and 9, shall be the
distribution per ton determined for distribution in 1991. In
1994, the amounts determined under subdivisions 6, paragraph
(a), and 9, shall be the distribution per ton determined for
distribution in 1991 increased in the same proportion as the
increase between the fourth quarter of 1988 and the fourth
quarter of 1992 in the implicit price deflator as defined in
section 298.24, subdivision 1. Those amounts shall be increased
in 1995 and subsequent years in the same proportion as the
increase in the implicit price deflator as provided in section
298.24, subdivision 1.
The distributions per ton determined under subdivisions 5,
paragraphs (b) and (d), and 6, paragraphs (b) and (c) for
distribution in 1988 and subsequent years shall be the
distribution per ton determined for distribution in 1987.
Sec. 5. Minnesota Statutes 1990, section 298.28, is
amended by adding a subdivision to read:
Subd. 10a. [HIGHER EDUCATION FUNDING.] In 1992 and 1993,
the amount of tax attributable to the rate increase under
section 298.24, subdivision 1, paragraph (b), since production
year 1990, shall be paid to the commissioner of iron range
resources and rehabilitation to be used to pay the cost of
providing higher education services in the taconite tax relief
area under the contract provided for in section 1. * (The
language of section 5 beginning "In 1992" was vetoed by the
governor.)
Sec. 6. Minnesota Statutes 1990, section 298.28,
subdivision 11, is amended to read:
Subd. 11. [REMAINDER.] (a) The proceeds of the tax imposed
by section 298.24 which remain after the distributions and
payments in subdivisions 2 to 10 10a, as certified by the
commissioner of revenue, and paragraphs (b) and (c) have been
made, together with interest earned on all money distributed
under this section prior to distribution, shall be divided
between the taconite environmental protection fund created in
section 298.223 and the northeast Minnesota economic protection
trust fund created in section 298.292 as follows: Two-thirds to
the taconite environmental protection fund and one-third to the
northeast Minnesota economic protection trust fund. The
proceeds shall be placed in the respective special accounts.
(b) There shall be distributed to each city, town, school
district, and county the amount that it received under section
294.26 in calendar year 1977; provided, however, that the amount
distributed in 1981 to the unorganized territory number 2 of
Lake county and the town of Beaver Bay based on the
between-terminal trackage of Erie Mining Company will be
distributed in 1982 and subsequent years to the unorganized
territory number 2 of Lake county and the towns of Beaver Bay
and Stony River based on the miles of track of Erie Mining
Company in each taxing district.
(c) There shall be distributed to the iron range resources
and rehabilitation board the amounts it received in 1977 under
section 298.22. The amount distributed under this paragraph
shall be expended within or for the benefit of the tax relief
area defined in section 273.134.
ARTICLE 5
CONSERVATION STUDY
Section 1. [CONSERVATION AREA STUDY.]
$25,000 is appropriated from the consolidated account
created under Minnesota Statutes, section 84A.51, subdivision 1,
after the distribution to counties under Minnesota Statutes,
section 84A.51, subdivision 3, to the commissioner of natural
resources for a contract with the natural resources research
institute for the study described in this section.* (The
preceding sentence beginning "$25,000" was vetoed by the
governor.) The natural resources research institute shall
conduct a study of the conservation areas subject to Minnesota
Statutes, chapter 84A, and address the following subjects:
(1) land use and ownership in counties with conservation
areas;
(2) county and township services provided for utilization
of conservation areas and the costs of those services;
(3) actual utilization of conservation areas for public
hunting and game management and opportunities for improvement;
(4) forestry management of conservation areas and
opportunities for improvement and joint county management;
(5) criteria for and efficiencies of private ownership of
conservation areas;
(6) opportunities for increased revenue from conservation
areas;
(7) water resource utilization and costs for conservation
areas; and
(8) fiscal impacts on counties and townships resulting from
conservation areas.
The natural resources research institute shall utilize
existing studies and information provided by the state,
counties, and other organizations. The agencies of the state
and counties shall cooperate with the natural resource research
institute and provide information requested to the extent
possible. The natural resources research institute shall
establish and consult with an advisory committee made up of
residents of counties where conservation lands are located,
conservation groups, and the department of natural resources. A
draft report shall be prepared and submitted to the commissioner
of natural resources and counties with conservation areas by
December 1, 1991, for comments within 30 days after receipt. A
final report shall be submitted to the legislative commission on
Minnesota resources, the commissioner of natural resources, the
counties with conservation lands, and the legislature by January
15, 1992.
ARTICLE 6
PEACE OFFICER TRAINING
Section 1. Minnesota Statutes 1990, section 626.84,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For purposes of sections
626.84 to 626.863, the following terms have the meanings given
them:
(a) "Board" means the board of peace officer standards and
training.
(b) "Director" means the executive director of the board.
(c) "Peace officer" means an employee or an elected or
appointed official of a political subdivision or law enforcement
agency who is licensed by the board, charged with the prevention
and detection of crime and the enforcement of the general
criminal laws of the state and who has the full power of arrest,
and shall also include the Minnesota state patrol, agents of the
division of gambling enforcement, and state conservation
officers.
(d) "Constable" has the meaning assigned to it in section
367.40.
(e) "Deputy constable" has the meaning assigned to it in
section 367.40.
(f) "Part-time peace officer" means an individual licensed
by the board whose services are utilized by law enforcement
agencies no more than an average of 20 hours per week, not
including time spent on call when no call to active duty is
received, calculated on an annual basis, who has either full
powers of arrest or authorization to carry a firearm while on
active duty. The term shall apply even though the individual
receives no compensation for time spent on active duty, and
shall apply irrespective of the title conferred upon the
individual by any law enforcement agency. The limitation on the
average number of hours in which the services of a part-time
peace officer may be utilized shall not apply to a part-time
peace officer who has formally notified the board pursuant to
rules adopted by the board of the part-time peace officer's
intention to pursue the specialized training for part-time peace
officers who desire to become peace officers pursuant to
sections 626.843, subdivision 1, clause (g), and 626.845,
subdivision 1, clause (g).
(g) "Reserve officer" means an individual whose services
are utilized by a law enforcement agency to provide
supplementary assistance at special events, traffic or crowd
control, and administrative or clerical assistance. A reserve
officer's duties do not include enforcement of the general
criminal laws of the state, and the officer does not have full
powers of arrest or authorization to carry a firearm on duty.
(h) "Law enforcement agency" means a unit of state or local
government that is authorized by law to grant full powers of
arrest and to charge a person with the duties of preventing and
detecting crime and enforcing the general criminal laws of the
state.
(i) "Professional peace officer education" means a
post-secondary degree program, or a nondegree program for
persons who already have a college degree, that is offered by a
college or university in Minnesota, designed for persons seeking
licensure as a peace officer, and approved by the board.
Sec. 2. [626.856] [SCHOOL OF LAW ENFORCEMENT.]
By July 1, 1992, the state university system shall develop
a school of law enforcement in the metropolitan area, as defined
in section 473.121, subdivision 2, whose mission is to advance
the profession of law enforcement. The school may offer
professional peace officer education, graduate degree programs,
and peace officer continuing education programs, and may conduct
applied research.
Sec. 3. [626.857] [ADVISORY COUNCIL.]
An advisory council of no more than 12 members is
established consisting of law enforcement faculty and
administrators, peace officers, police chiefs, sheriffs, and
citizens. The state university board, the community college
board, and the technical college board shall each appoint four
members. The advisory council shall meet at least once each
year to advise the post-secondary systems regarding professional
peace officer education. The advisory council shall include
women and members of minority groups. The advisory council
shall expire on June 30, 1993.
Sec. 4. [TASK FORCE.]
Subdivision 1. [CREATION.] A task force is created to
improve the quality and delivery of law enforcement education,
and to more clearly define the mission of each post-secondary
system in this delivery. The task force shall consist of a
representative of the community college system, the technical
college system, the state university system, private colleges
offering professional peace officer education, the higher
education coordinating board, and the advisory council
established in section 3. The executive director of the peace
officer standards and training board shall chair the task force.
Subd. 2. [ACTIONS.] By January 1, 1992, the task force
shall develop and implement actions to:
(1) recruit and retain women and minorities in professional
peace officer education;
(2) increase the amount of general education in the
professional peace officer education program for associate
degrees, to allow for maximum credit transfer from community
colleges and technical colleges; and
(3) provide information to students enrolling in
professional peace officer education concerning transferability
of credits and the peace officer licensing process, and develop
a form that the students must sign that acknowledges receipt of
the information.
Subd. 3. [PLAN FOR PILOT PROJECT.] The task force shall
develop a plan for a pilot project for an integrated peace
officer education program in the metropolitan area to be
implemented by the beginning of the 1992-1993 academic year.
The pilot shall provide for the needs of students seeking
associate and baccalaureate degrees. It shall include general
education and integrated professional peace officer education
which is appropriately managed and located. Upon appointment by
the state university board, the director of the school of law
enforcement shall serve as the coordinator of the pilot project
and shall work with the task force in developing and
implementing the pilot.
Subd. 4. [REPORTS.] The task force shall report on its
actions and its progress in developing its plans by February 1,
1992, to the higher education policy and funding divisions of
the legislature.
Sec. 5. [REPEALER.]
Minnesota Statutes 1990, section 626.86, is repealed.
ARTICLE 7
ACADEMIC EXCELLENCE SCHOLARSHIP
Section 1. [135A.30] [MINNESOTA ACADEMIC EXCELLENCE
SCHOLARSHIP.]
Subdivision 1. [CREATION.] The Minnesota academic
excellence scholarship program is created to reward students who
have demonstrated outstanding ability, achievement, and
potential in one of the following subjects: English/creative
writing, fine arts, foreign language, math, science, or social
science.
Subd. 2. [ELIGIBILITY.] To be eligible to receive a
scholarship under this section, a student must:
(1) graduate from a Minnesota public or nonpublic high
school in the academic year in which the scholarship is awarded;
(2) successfully complete a college preparatory curriculum
and demonstrate outstanding ability, achievement, and potential
in one of the specified subjects;
(3) be admitted to enroll full time in a nonsectarian,
baccalaureate degree-granting program at the University of
Minnesota or at a Minnesota state university, or at a Minnesota
private, baccalaureate degree-granting college or university;
and
(4) pursue studies in the subject for which the award is
made.
Subd. 3. [SELECTION OF RECIPIENTS.] The governing board of
an eligible institution shall determine, in consultation with
its campuses, application dates and procedures, criteria to be
considered, and methods of selecting students to receive
scholarships. A campus, with the approval of its governing
board, may award a scholarship in any of the specified fields of
study (1) in which the campus offers a program that is of the
quality and rigor to meet the needs of the talented student, and
(2) that is pertinent to the mission of the campus.
Subd. 4. [AMOUNT OF SCHOLARSHIP.] The amount of the
scholarship must be (1) at public institutions, the cost of
tuition and fees for full-time attendance for one academic year,
or (2) at private institutions, an amount equal to the lesser of
the actual tuition and fees charged by the institution or the
tuition and fees in comparable public institutions.
Scholarships awarded under this section must not be considered
in determining a student's financial need as provided in section
136A.101, subdivision 5.
Subd. 5. [RENEWALS.] The scholarship shall be renewed
yearly, for up to three additional academic years, if the
student:
(1) maintains full-time enrollment with a grade point
average of at least 3.0 on a four point scale;
(2) pursues studies and continues to demonstrate
outstanding ability, achievement, and potential in the field for
which the award was made; and
(3) is achieving satisfactory progress toward a degree.
Subd. 6. [NUMBER OF AWARDS.] The number of scholarships
awarded each year shall be determined by the amount of
contributions received under subdivision 8 plus the money
available in the scholarship account, as provided in section
168.129, subdivision 6, that is credited to a post-secondary
institution or system through sales of its license plates. The
number of new awards must be determined after subtracting the
actual and projected amount necessary for renewals.
Subd. 7. [DISTRIBUTION AMONG CAMPUSES.] Post-secondary
systems with more than one campus shall allocate at least
three-fourths of the revenue available from the sale of license
plates to the campuses to which the revenue is attributable.
The governing board annually shall determine the distribution of
the remaining portion among the campuses, after consideration of
special needs or circumstances.
Subd. 8. [ADDITIONAL CONTRIBUTIONS.] A post-secondary
system or campus may accept contributions, beyond those raised
through the sale of license plates, to supplement the campus
fund for academic excellence scholarships.
Sec. 2. [168.129] [SPECIAL COLLEGIATE LICENSE PLATES.]
Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] The
commissioner of public safety shall issue special collegiate
license plates to an applicant who:
(1) is an owner or joint owner of a passenger automobile,
pickup truck, or van;
(2) pays a fee determined by the commissioner to cover the
costs of handling and manufacturing the plates;
(3) pays the registration tax required under section
168.12;
(4) pays the fees required under this chapter;
(5) contributes at least $100 to the scholarship account
established in subdivision 6; and
(6) complies with laws and rules governing registration and
licensing of vehicles and drivers.
Subd. 2. [DESIGN.] After consultation with each
participating college, university or post-secondary system, the
commissioner shall design the special collegiate plates.
In consultation with the commissioner, a participating
college or university annually shall indicate the anticipated
number of plates needed. Plates will be produced when the
commissioner has received at least 200 applications.
Subd. 3. [NO REFUND.] Contributions under this section
must not be refunded.
Subd. 4. [PLATE TRANSFERS.] Notwithstanding section
168.12, subdivision 1, on payment of a transfer fee of $5,
plates issued under this section may be transferred to another
passenger vehicle, pickup, or van owned or jointly owned by the
person to whom the special plates were issued.
Subd. 5. [FEES CREDITED.] The fees collected under this
section must be deposited in the state treasury and credited to
the highway user tax distribution fund. Fees collected under
this section do not include the contributions collected for the
scholarship account.
Subd. 6. [SCHOLARSHIP ACCOUNT.] A scholarship account is
created in the state treasury. Except for one percent that may
be retained by the commissioner of public safety for
administrative costs, all contributions received under this
section must be deposited by the commissioner in the scholarship
account. Money in the scholarship account is appropriated to
the governing board of the institution to which it is
attributable, as provided in subdivision 7.
Subd. 7. [RECORD.] The commissioner shall maintain a
record of the number of license plates issued for each
post-secondary institution or system in order to determine the
amount of scholarship funds available to that institution or
system.
Sec. 3. [GOVERNING BOARD DUTIES.]
The board of regents of the University of Minnesota, the
state university board, and the governing boards of eligible
private colleges and universities are requested to cooperate
with the higher education coordinating board, the Minnesota
academic excellence foundation, public and nonpublic Minnesota
high schools, and school districts to publicize the availability
of the scholarships and to identify qualified students.
Sec. 4. [EFFECTIVE DATES.]
Section 1 is effective for high school graduates beginning
in the 1991-1992 school year. Section 2 is effective for
vehicle registrations after June 30, 1991.
ARTICLE 8
FINANCIAL AID
Section 1. Minnesota Statutes 1990, section 136A.101,
subdivision 7, is amended to read:
Subd. 7. Until June 30, 1993, "student" means a person who
is enrolled at least half time, as defined by the board, in a
program or course of study that applies to a degree, diploma, or
certificate, except that for purposes of section 136A.132,
student may include a person enrolled for at least three credits
per quarter or semester, or the equivalent, but less than half
time.
Beginning July 1, 1993, "student" means a person who is
enrolled for at least three credits per quarter or semester, or
the equivalent, in a program or course of study that applies to
a degree, diploma, or certificate.
Sec. 2. Minnesota Statutes 1990, section 136A.101, is
amended by adding a subdivision to read:
Subd. 7a. "Full time" means enrollment in a minimum of 15
credits per quarter or semester, or the equivalent.
Sec. 3. Minnesota Statutes 1990, section 136A.101, is
amended by adding a subdivision to read:
Subd. 7b. "Half time" means enrollment in a minimum of
eight credits per quarter or semester, or the equivalent.
Sec. 4. Minnesota Statutes 1990, section 136A.101,
subdivision 8, is amended to read:
Subd. 8. "Resident student" means a student who meets one
of the following conditions:
(1) an independent student who has resided in Minnesota for
purposes other than post-secondary education for at least 12
months;
(2) a dependent student whose parent or legal guardian
resides in Minnesota at the time the student applies;
(3) a student who graduated from a Minnesota high school,
unless the student is a resident of a bordering state attending
a Minnesota high school; or
(4) a student who, after residing in the state for a
minimum of one year, earned a high school equivalency
certificate in Minnesota.
Sec. 5. Minnesota Statutes 1990, section 136A.101, is
amended by adding a subdivision to read:
Subd. 10. "Satisfactory academic progress" means that at
the end of a student's second academic year of attendance at an
institution:
(1) The student has at least a cumulative grade point
average of C or its equivalent, or academic standing consistent
with its graduation requirements; or
(2) The student's failure to have at least a cumulative
grade point average of C or its equivalent, or academic standing
consistent with its graduation requirements, was caused by (a)
the death of a relative of the student; (b) an injury or illness
of the student; or (c) other special circumstances.
Sec. 6. Minnesota Statutes 1990, section 136A.121,
subdivision 6, is amended to read:
Subd. 6. [COST OF ATTENDANCE.] The cost of attendance
consists of allowances specified by the board for room and board
and miscellaneous expenses, and
(1) for public institutions, tuition and fees charged by
the institution; or
(2) for private institutions, an allowance for tuition and
fees equal to the lesser of the actual tuition and fees charged
by the institution, or the instructional costs per full-year
equivalent student in comparable public institutions.
For students attending less than full time, the board shall
prorate the cost of attendance.
Sec. 7. Minnesota Statutes 1990, section 136A.121,
subdivision 11, is amended to read:
Subd. 11. [RENEWAL CONDITIONS.] Each grant is renewable,
contingent on continued residency in Minnesota, satisfactory
academic standing progress, recommendation of the eligible
institution currently attended, and evidence of continued need.
Sec. 8. Minnesota Statutes 1990, section 136A.121,
subdivision 16, is amended to read:
Subd. 16. [HOW APPLIED; ORDER.] Grants awarded under
sections 136A.095 to 136A.131 136A.121 and 136A.132 to 136A.1354
must be applied to educational costs in the following order:
tuition, fees, books, supplies, and other expenses. Unpaid
portions of the awards revert to the grant account.
Sec. 9. Minnesota Statutes 1990, section 136A.125,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBLE STUDENTS.] An applicant is eligible for
a child care grant if the applicant:
(1) is a resident of the state of Minnesota;
(2) has a child 12 years of age or younger, or 14 years of
age or younger who is handicapped as defined in section 120.03,
and who is receiving or will receive care on a regular basis
from a licensed or legal, nonlicensed caregiver;
(3) is within the sliding fee scale income guidelines set
under section 256H.10, subdivision 2, as determined by a
standardized financial aid needs analysis in accordance with the
board's policies and rules, but is not a recipient of aid to
families with dependent children;
(4) has not earned a baccalaureate degree and has been
enrolled full time less than eight semesters, 12 quarters, or
the equivalent;
(5) is pursuing a nonsectarian program or course of study
that applies to an undergraduate degree, diploma, or
certificate;
(6) is enrolled at least half time in an eligible
institution; and
(7) is in good academic standing and making satisfactory
academic progress, as determined by the institution.
Sec. 10. Minnesota Statutes 1990, section 136A.125,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBLE INSTITUTION.] A Minnesota public
post-secondary institution or a private, residential, two-year
or four-year, liberal arts, baccalaureate degree granting
college or university located in Minnesota is eligible to
receive child care funds from the board and disburse them to
eligible students.
Sec. 11. Minnesota Statutes 1990, section 136A.125,
subdivision 4, is amended to read:
Subd. 4. [AMOUNT AND LENGTH OF GRANTS.] The amount of a
child care grant must be based on:
(1) the financial need of the applicant;
(2) the number of the applicant's children; and
(3) the cost of the child care,
as determined by the institution in accordance with board
policies and rules. The amount of the grant must cover the cost
of child care for all eligible children for the full number of
hours of education per week and may cover up to 20 hours per
week of employment for which child care is needed. The grant
must be awarded for one academic year. The minimum financial
stipend is $100.
Sec. 12. Minnesota Statutes 1990, section 136A.125, is
amended by adding a subdivision to read:
Subd. 4a. [RATES CHARGED.] Child care providers may not
charge students receiving grants under this section a rate that
is higher than the rate charged to private paying clients.
Sec. 13. Minnesota Statutes 1990, section 136A.125,
subdivision 6, is amended to read:
Subd. 6. [YEARLY ALLOCATIONS TO INSTITUTIONS.] The board
shall base yearly allocations on the need for and use of the
funds in the last academic year, and other using relevant
factors as determined by the board in consultation with the
institutions. Up to five percent of the allocation, as
determined by the board, may be used for an institution's
administrative expenses related to the child care grant
program. Any money designated, but not used, for this purpose
must be reallocated to child care grants.
Sec. 14. [136A.1311] [CASH FLOW.]
The higher education coordinating board may ask the
commissioner of finance to lend general fund money to the grant
account to ease cash flow difficulties. The higher education
coordinating board must first certify to the commissioner that
there will be adequate refunds to the account to repay the
loan. The commissioner shall use the refunds to make repayment
to the general fund of the full amount loaned. Money necessary
to meet cash flow difficulties in the state grant program is
appropriated to the commissioner of finance for loans to the
higher education coordinating board.
Sec. 15. Minnesota Statutes 1990, section 136A.132,
subdivision 3, is amended to read:
Subd. 3. [STUDENT ELIGIBILITY.] An applicant is eligible
to be considered for a part-time student grant if the applicant:
(1) is a resident of the state of Minnesota;
(2) is an undergraduate student who has not earned a
baccalaureate degree;
(3) is pursuing a program or course of study that applies
to a degree, diploma, or certificate;
(4) is attending an eligible institution either less than
half time as defined by the board, or as a new or returning
student enrolled at least half time but less than full time as
defined by the board; and
(5) is not in default, as defined by the board, of any
federal or state student educational loan.
Sec. 16. Minnesota Statutes 1990, section 136A.132,
subdivision 5, is amended to read:
Subd. 5. [AMOUNT.] The amount of any part-time student
grant award must be based on the need of the applicant
determined by the institution in accordance with policies and
rules established by the higher education coordinating board.
The minimum financial stipend is $100.
Sec. 17. Minnesota Statutes 1990, section 136A.132,
subdivision 6, is amended to read:
Subd. 6. [LENGTH OF AWARD.] Part-time student grants must
be awarded for a single term as defined by the institution in
accordance with guidelines and policies of the higher education
coordinating board. Awards are not renewable, but the recipient
of an award may apply for additional awards for subsequent terms
contingent on continued eligibility, need, and satisfactory
academic progress.
A new or returning student enrolled at least half time but
less than full time, as defined by the board, and pursuing a
program or course of study that applies to a degree, diploma, or
certificate is eligible for an award for only one term.
Sec. 18. Minnesota Statutes 1990, section 136A.1352,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The higher education
coordinating board shall provide grants to students who are
entering or enrolled in registered nurse or licensed practical
nurse programs, who have no previous nursing training or
education, and who agree to practice in a designated rural area,
as defined by the board.
Sec. 19. Minnesota Statutes 1990, section 136A.1353,
subdivision 4, is amended to read:
Subd. 4. [RESPONSIBILITIES OF THE HIGHER EDUCATION
COORDINATING BOARD.] The higher education coordinating board
shall distribute funds each year to the schools, colleges, or
programs of nursing applying to participate in the nursing grant
program based on the last academic year's enrollment of students
in educational programs that would lead to licensure as a
licensed practical registered nurse. Money not used by a
recipient nursing program must be returned to the higher
education coordinating board for redistribution under this
section. The board shall establish an application process for
interested schools, colleges, or programs of nursing. Initial
applications are due by January 1, 1991, and by January 1 of
each later year. By March 1, 1991, and by March 1 of each later
year, the board shall notify each applicant school, college, or
program of nursing of its approximate allocation of funds in
order to allow the school, college, or program to determine the
number of students that can be supported by the allocation. The
board shall distribute funds to the schools, colleges, or
programs of nursing by August 1, 1991, and by August 1 of each
later year.
Sec. 20. Minnesota Statutes 1990, section 136A.1355,
subdivision 1, is amended to read:
Subdivision 1. [CREATION OF ACCOUNT.] A rural physician
education account is established. The higher education
coordinating board shall use money from the account to establish
a loan forgiveness program for medical students agreeing to
practice in designated rural areas, as defined by the board.
Sec. 21. Minnesota Statutes 1990, section 136A.233,
subdivision 3, is amended to read:
Subd. 3. [PAYMENTS.] Work-study payments shall be made to
eligible students by post-secondary institutions as provided in
this subdivision.
(a) Students shall be selected for participation in the
program by the post-secondary institution on the basis of
student financial need.
(b) No eligible student shall be employed under the state
work-study program while not a full-time student; provided, with
the approval of the institution, a full-time student who becomes
a part-time student during an academic year may continue to be
employed under the state work-study program for the remainder of
the academic year.
(c) Students will be paid for hours actually worked and the
maximum hourly rate of pay shall not exceed the maximum hourly
rate of pay permitted under the federal college work-study
program.
(d) Minimum pay rates will be determined by an applicable
federal or state law.
(e) Not less than 20 percent of the compensation paid to
the student under the state work-study program shall be paid by
the eligible employer An eligible employer shall pay at least 30
percent of the student's compensation.
(f) Each post-secondary institution receiving funds money
for state work-study grants shall make a reasonable effort to
place work-study students in employment with eligible employers
outside the institution.
(g) The percent of the institution's work-study allocation
provided to graduate students shall not exceed the percent of
graduate student enrollment at the participating institution.
Sec. 22. Minnesota Statutes 1990, section 299A.45,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY.] Following certification
under section 299A.44 and compliance with this section and rules
of the commissioner of public safety and the higher education
coordinating board, dependent children less than 23 years of age
and the surviving spouse of a public safety officer killed in
the line of duty on or after January 1, 1973, are eligible to
receive educational benefits under this section. To qualify for
an award, they must be enrolled in undergraduate degree or
certificate programs after June 30, 1990, at a an eligible
Minnesota public post-secondary institution or a private,
residential, two-year or four-year, liberal arts, degree
granting college or university located in Minnesota as provided
in section 136A.101, subdivision 4. Persons who have received a
baccalaureate degree or have been enrolled full time or the
equivalent of eight semesters or 12 quarters, whichever occurs
first, are no longer eligible.
Sec. 23. [CHILD CARE INNOVATION GRANTS.]
Subdivision 1. [PROGRAM.] The higher education
coordinating board shall establish a grant program to encourage
innovative approaches in providing or financing child care
services to post-secondary students.
Subd. 2. [QUALIFICATIONS.] Grants may be awarded to the
governing board of a post-secondary system, to a specific
college campus or organization, or to a private, nonprofit
organization. No grant may exceed $25,000.
Subd. 3. [APPLICATIONS.] The board shall determine
procedures to solicit and evaluate proposals and to award
grants. The board must consider the way in which a proposal
would aid students needing child care, considering the limited
funds available for the state child care grant program. The
grants may also fund programs to assure that child care funding
and delivery is part of a student's overall package of support
services.
The board must not award a grant unless the proposal
demonstrates a strong likelihood that the value of the services
to be generated as a result of the grant substantially exceeds
the amount of the grant.
Subd. 4. [REPORT.] The higher education coordinating board
shall report to the appropriations and finance committees on its
distribution of the grants by February 1, 1992. The board shall
evaluate the projects and make its final report by January 1,
1993.
Sec. 24. [REPEALER.]
Subdivision 1. Minnesota Statutes 1990, section 136A.1351,
is repealed.
Subd. 2. Minnesota Statutes 1990, section 136A.132, is
repealed.
Sec. 25. [EFFECTIVE DATE.]
Section 23 is effective the day following final enactment.
Sections 1 to 3, 6, and 15 are effective July 1, 1992. Section
24, subdivision 2, is effective July 1, 1993.
ARTICLE 9
HIGHER EDUCATION BOARD
Section 1. Minnesota Statutes 1990, section 15A.081,
subdivision 7b, is amended to read:
Subd. 7b. [HIGHER EDUCATION OFFICERS.] The higher
education board, state university board, the state board for
community colleges, the state board of technical colleges, and
the higher education coordinating board shall set the salary
rates for, respectively, the chancellor of the higher education
system, the chancellor of the state universities, the chancellor
of the community colleges, the state director of vocational
technical education, and the executive director of the higher
education coordinating board. The respective board shall submit
the proposed salary increase to the legislative commission on
employee relations for approval, modification, or rejection in
the manner provided in section 43A.18, subdivision 2. Salary
rates for the positions specified in this subdivision may not
exceed 95 percent of the salary of the governor under section
15A.082, subdivision 3. In deciding whether to recommend a
salary increase, the governing board shall consider the
performance of the chancellor or director, including the
chancellor's or director's progress toward attaining affirmative
action goals.
Sec. 2. [136E.01] [HIGHER EDUCATION BOARD.]
Subdivision 1. [MEMBERSHIP.] The higher education board,
referred to in sections 2 to 6 as "the board," consists of 13
members appointed by the governor with the advice and consent of
the senate. At least one member of the board must be a resident
of each congressional district. One member must be a student or
have graduated from an institution governed by the board within
one year of the date of appointment. The remaining members must
be appointed to represent the state at large.
Subd. 2. [TERM; COMPENSATION; REMOVAL; VACANCIES.] The
compensation, removal of members, and filling of vacancies on
the board are as provided in section 15.0575. Members are
appointed for a term of six years, except that the term of the
student member is two years. Terms end on June 30.
Subd. 3. [BOARD ADMINISTRATION.] The board shall elect a
chair and other officers as it may desire. It shall determine
its meeting dates and places.
Sec. 3. [136E.02] [HIGHER EDUCATION BOARD CANDIDATE
ADVISORY COUNCIL.]
Subdivision 1. [PURPOSE.] A higher education board
candidate advisory council shall assist the governor in
determining criteria for, and identifying and recruiting
qualified candidates for, membership on the higher education
board.
Subd. 2. [MEMBERSHIP.] The advisory council consists of 24
members. Twelve members are appointed by the subcommittee on
committees of the committee on rules and administration of the
senate. Twelve members are appointed by the speaker of the
house of representatives. No more than one-third of the members
appointed by each appointing authority may be current or former
legislators. No more than two-thirds of the members appointed
by each appointing authority may belong to the same political
party; however, political activity or affiliation is not
required for the appointment of a member. Geographical
representation must be taken into consideration when making
appointments. Section 15.0575 governs the advisory council,
except that the members must be appointed to six-year terms.
Subd. 3. [DUTIES.] The advisory council shall:
(1) develop a statement of the selection criteria to be
applied and a description of the responsibilities and duties of
a member of the higher education board and shall distribute this
to potential candidates; and
(2) for each position on the board, identify and recruit
qualified candidates for the board, based on the background and
experience of the candidates, and their potential for
discharging the responsibilities of a member of the board.
Subd. 4. [RECOMMENDATIONS.] The advisory council shall
recommend at least two and not more than four candidates for
each seat. By January 2 of each even-numbered year, the
advisory council shall submit its recommendations to the
governor. The governor is not bound by these recommendations.
Subd. 5. [SUPPORT SERVICES.] The legislative coordinating
commission shall provide administrative and support services for
the advisory council.
Sec. 4. [136E.03] [MISSION.]
The mission of the board is to provide programs of study
that meet the needs of students for occupational, general,
baccalaureate, and graduate education. The board shall develop
administrative arrangements that make possible the efficient use
of the facilities and staff of the former technical colleges,
community colleges, and state universities for providing these
several different programs of study, so that students may have
the benefit of improved and broader course offerings, ease of
transfer among schools and programs, integrated course credit,
coordinated degree programs, and coordinated financial aid. In
carrying out the merger of the three separate systems, the board
shall control administrative costs by eliminating duplicative
administrative positions and course offerings.
Sec. 5. [136E.04] [POWERS AND DUTIES.]
Subdivision 1. [GENERAL AUTHORITY.] The board shall
manage, supervise, and control the former technical colleges,
community colleges, and state universities and all related
property. It shall prescribe courses of study and conditions of
admission, prepare and confer diplomas, and adopt suitable
policies for the institutions it manages. Sections 14.01 to
14.47 do not apply to policies and procedures of the board.
Subd. 2. [PERSONNEL.] The board shall appoint all
presidents, teachers, and other necessary employees. Salaries
and benefits of employees must be determined according to
chapters 43A and 179A.
Subd. 3. [BUDGET.] The board shall submit to the governor
and the legislature the budget request for its several different
programs of study.
Subd. 4. [OCCUPATIONAL AND VOCATIONAL PROGRAM
INFORMATION.] In its biennial budget request, the board shall
provide to the governor and legislature information on its
occupational and vocational programs specifying revenues,
expenditures, trends for expenditures, expenditures for
instructional equipment, and other relevant information related
to those programs. The board shall provide the governor and
legislature in its biennial budget request information on the
accountability measures it uses to determine the efficiency and
effectiveness of the occupational and vocational programs.
Subd. 5. [PROGRAM DELIVERY.] The board shall avoid
duplicate program offerings. After consulting with the local
advisory committees, the board shall develop programs to meet
the needs of students and the state.
Subd. 6. [TRANSFERABILITY.] The board shall place a high
priority on ensuring the transferability of credit among the
institutions it governs.
Subd. 7. [REGISTRATION AND FINANCIAL AID.] The board shall
devise a registration system that simplifies and combines
registration for the institutions it governs, improves the
financial aid application process for students, and provides
registration at common locations.
Sec. 6. [136E.05] [LOCAL ADVISORY COMMITTEES.]
The president, with the approval of the chancellor and the
board, may appoint a local advisory committee for each campus.
Committee members must be qualified people who have knowledge of
and interest in the campus. The board shall define the role and
authority of the advisory committees and establish procedures
for the appointment, terms, and termination of members. The
president or an appointee of the president shall regularly meet
and consult with the local advisory committee.
Sec. 7. Minnesota Statutes 1990, section 179A.10,
subdivision 2, is amended to read:
Subd. 2. [STATE EMPLOYEES.] Unclassified employees, unless
otherwise excluded, are included within the units which include
the classifications to which they are assigned for purposes of
compensation. Supervisory employees shall only be assigned to
units 12 and 16. The following are the appropriate units of
executive branch state employees:
(1) law enforcement unit;
(2) craft, maintenance, and labor unit;
(3) service unit;
(4) health care nonprofessional unit;
(5) health care professional unit;
(6) clerical and office unit;
(7) technical unit;
(8) correctional guards unit;
(9) state university instructional unit;
(10) community college instructional unit;
(11) technical college instructional unit;
(12) state university administrative unit;
(12) (13) professional engineering unit;
(13) (14) health treatment unit;
(14) (15) general professional unit;
(15) (16) professional state residential instructional
unit; and
(16) (17) supervisory employees unit.
Each unit consists of the classifications or positions
assigned to it in the schedule of state employee job
classification and positions maintained by the commissioner.
The commissioner may only make changes in the schedule in
existence on the day prior to the effective date of this section
as required by law or as provided in subdivision 4.
Sec. 8. [TRANSITIONAL PROVISIONS.]
Subdivision 1. [APPOINTMENTS TO BOARD.] Appointments to
the higher education board must be made by July 1, 1991.
Notwithstanding section 2, the initial higher education board
consists of two members each from the state board of technical
colleges, state board for community colleges, and the state
university board, appointed by their respective boards and six
members appointed by the governor. The governor's appointees
may also be members of the current governing boards. The
members appointed by boards must have been confirmed by the
senate to the board from which they are appointed and served for
at least one year on the board from which they were appointed.
Initial higher education board members appointed by boards are
not subject to further senate confirmation. Initial appointees
of the governor are not subject to section 3. The governor
shall appoint the student member July 1, 1995. Notwithstanding
section 2, subdivision 2, the initial members of the higher
education board must be appointed so that an equal number will
have terms expiring in three, five, and seven years. To the
extent possible, the initial board must have the geographic
balance required by section 2.
Subd. 2. [INTERIM CHANCELLOR.] By November 1, 1991, the
board shall hire a chancellor on an interim basis for the period
ending June 30, 1995. Thereafter, the board shall conduct a
search and hire a chancellor to serve on a continuing basis.
Subd. 3. [PERSONNEL.] The chancellor may hire employees
necessary to carry out the transitional duties imposed by this
section. The commissioner of employee relations shall cooperate
with the chancellor to expedite hiring these employees.
Subd. 4. [TRANSITIONAL PLANNING PROCESS.] The board shall
immediately after appointment commence planning for the merger
of the technical college, community college, and state
university systems. As part of the planning process, the board
shall consult with the local advisory committees,
representatives of student government organizations, and
exclusive representatives of the employees of the state
universities, community colleges, and technical colleges. The
board shall complete a preliminary merger plan and timetable for
the plan on or before March 1, 1992. Copies of the plan shall
be submitted to the chairs of the education, appropriation, and
finance committees of the legislature.
Subd. 5. [RESTRUCTURING.] The board shall submit a
proposal to the legislature concerning the appropriate
administrative structure for the educational institutions it
governs. The board shall give special attention to the need to
integrate the administration of programs of study now offered at
institutions from different systems. The board, in cooperation
with the department of employee relations and the department of
administration, shall give special attention to the need to
integrate administrative functions of the educational
institutions it governs, including: (1) personnel, labor, and
compensation policies; (2) purchases of supplies; and (3)
management of property, and construction and repair of
facilities.
Subd. 6. [SCHOOL DISTRICTS.] The board shall, in
cooperation with the commissioner of employee relations, submit
proposals to the legislature concerning labor and other issues
related to the transfer of technical colleges from school board
governance.
The board shall, in cooperation with the commissioner of
administration, submit a proposal to the legislature concerning
reimbursement to school districts for technical college property
transferred to the board pursuant to section 9.
Subd. 7. [LEGAL SERVICES.] The board shall submit to the
legislature proposals for providing the board with adequate
legal services.
Subd. 8. [ACCOUNTING SYSTEM.] The commissioner of finance
shall submit proposals to the legislature that will enable the
board to use a single accounting system in accord with generally
accepted accounting principles for colleges and universities and
eliminate the need to have a second system to account for its
money in the state treasury.
Subd. 9. [BUDGET REQUESTS.] The board shall consult with
the commissioner of finance, the chair of the senate finance
committee, and the chair of the house appropriations committee
and submit to the legislature a proposed format for its 1995
budget request. The higher education board shall use the
format, as revised in accordance with instructions from the
legislature, to present its budget request to the governor and
the 1995 legislature.
Subd. 10. [INITIAL ADVISORY COUNCIL APPOINTMENTS.]
Notwithstanding section 3, the initial members of the higher
education board candidate advisory council must be appointed so
that an equal number will have terms expiring in two, four, and
six years.
Sec. 9. [TRANSFER OF POWERS.]
The state board of technical colleges, the state board for
community colleges, and the state university board and their
respective chancellors retain responsibility for operating and
managing their systems until July 1, 1995. On July 1, 1995, the
authority, duties, responsibilities, related property of the
state board of technical colleges, school boards, intermediate
school boards, and joint vocational technical boards with
respect to technical colleges, the state board for community
colleges, and the state university board are transferred to the
higher education board under Minnesota Statutes, section
15.039. The state board of technical colleges, state board for
community colleges, and state university board are abolished,
effective July 1, 1995.
Sec. 10. [CURRENT EMPLOYEES.]
It is the policy of the state of Minnesota that any
restructuring of the higher education systems be accomplished
while ensuring that fair and equitable arrangements are carried
out to protect the interests of higher education system
employees, and while facilitating the best possible service to
the public. The higher education board shall make every effort
to train and retrain existing employees for a changing work
environment.
For employees whose positions will be eliminated by merging
higher education systems, options presented to employees must
include but not be limited to job and training opportunities
necessary to qualify for another job within their current
institution or a similar job in another institution.
Implementation of this section, as well as procedures for
notifying employees affected by the merger, must be negotiated
in good faith under Minnesota Statutes, chapter 179A. Nothing
in this section shall be construed as diminishing any rights
defined in collective bargaining agreements under this chapter
or Minnesota Statutes, chapter 179A.
Sec. 11. [TECHNICAL COLLEGE COLLECTIVE BARGAINING.]
For purposes of collective bargaining, faculty of the
technical colleges will initially be assigned to the new
technical college instructional unit provided for in Minnesota
Statutes, section 179A.10, subdivision 2, as amended by this
act. The new bargaining unit may begin to organize on or after
July 1, 1993, for negotiating contracts that become effective on
or after July 1, 1995. Other technical college employees must
be assigned to the appropriate existing state bargaining unit.
Sec. 12. [EFFECT OF CURRENT COLLECTIVE BARGAINING
AGREEMENTS.]
The terms and conditions of a collective bargaining
agreement covering an employee transferred to the higher
education board remains in effect until a successor agreement
becomes effective. This section applies to all employees
transferred to the board.
Sec. 13. [TRANSITIONAL PERIOD COLLECTIVE BARGAINING.]
Contracts for the period commencing July 1, 1995, for
employees transferred to the higher education board shall be
negotiated with the higher education board. Negotiations for
those contracts can begin anytime after July 1, 1994, and may be
initiated by either party notifying the other of the desire to
begin the negotiating process.
Sec. 14. [COOPERATION.]
The state university board, state board of technical
colleges, and state board for community colleges shall cooperate
with the higher education board. Each of those boards may
transfer money, personnel, or equipment to the higher education
board.
Sec. 15. [REVENUE FUND; OUTSTANDING REVENUE BONDS.]
Nothing in this article shall in any way alter or amend
Minnesota Statutes, sections 136.35 through 136.41, or any
contract entered into by the board pursuant to those sections,
or the pledge and appropriation of revenues from the revenue
fund and any covenants made for the security of revenue bonds
authorized to be issued by the state university board.
Sec. 16. [EFFECTIVE DATE.]
This article is effective the day following final
enactment, except that section 7 is effective July 1, 1993, for
collective bargaining of contracts that become effective on or
after July 1, 1995, and sections 5 and 6 are effective July 1,
1995.
Presented to the governor May 31, 1991
Signed by the governor June 4, 1991, 9:07 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes